Terms and Conditions

DIY Parcel service is operated by Aion Cargo Solutions Limited and Aion Cargo Solutions is registered company in New Zealand.

1.   Applicability of these terms

These terms and conditions apply to the use of the www.diyparcel.com website and each of its sub-domains (the "Site"). The term "site", when used in these terms and conditions, also includes the DIY Parcel app any other websites owned by a member of the Aion Cargo Solutions that link to these terms. We may change these terms and conditions at any time by posting changes online (as defined in condition 3.5 below).

We use the phrase "these terms" to cover all of these terms and conditions and any changes to them. It is Your responsibility to ensure that any limitations of liability and any other conditions that apply to these terms are fully understood before You place Your order through DIY. If You don't accept them, You should not use the website.

1.1   In these terms:

Herein after referred to as ‘DIY’ or ‘We’ set out the following terms and conditions upon which DIY offers registered DIY members (collectively referred to as ‘Customer’) and herein referred to as ‘User’ ‘You’ and ‘Your’ a license to use http://diyparcel.com (the ’Site’) including the Interactive Service.

2.   Definition

The definitions to be read with these Service Terms are set out in full at Clause 17.

3.   General

3.1   What is DIY service

DIY is an intermediary host provider of an Interactive, online logistics platform dedicated to facilitating an innovative and efficient New Zealand Domestic and International logistics service relating to Consignments where upon customers can inter alia arrange for the drop off, transportation and delivery of packages by DIY via the DIY network by the way of the DIY Services.

3.2   Benefit of registering with DIY site

A User who is a registered DIY member can:

-                     benefit from the DIY membership with a host of DIY membership benefits;
-                     register for a DIY account;
-                     receive DIY Domestic and International quotes in an instant;
-                     avail of one or more of the DIY services;
-                     avail of one or more of the DIY optional services;
-                     access Your DIY account to find out the status of all Consignments in real time;
-                     edit Your DIY account and registration information;
-                     access and search historical Consignment Information; and,
-                     print or re-print DIY documentation where available.

3.3   Intellectual property rights

3.3.1        Reservation of Rights

Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of DIY/their right, title and interest in and to the Services and Content, including all of Our/their related intellectual property rights. No right are granted to You hereunder other than as expressly set forth herein.

3.3.2        License by DIY to Use Content

We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use Content acquired by You pursuant to Order Forms, subject to those Order Forms, this Agreement and the Documentation.

3.3.3        License by You to Host Your Data and Applications

You grant DIY and Our Affiliates a worldwide, limited-term license to host, copy, transmit and display Your Data, and any orders created by or for You using a Service, as necessary for DIY to provide the Services in accordance with this Agreement.

3.3.4        License by You to Use Feedback

You grant to DIY and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided y You or Users relating to the operation of the Services.

3.4   Accessing the website and its content

The site (and its content) is provided on an "as is" and "as available" basis. We reserve the right to withdraw or amend the website at any time and do not guarantee that the website will be available to You at any time. The content of the website is obtained from various sources and is subject to change without notice. We will try to make sure that the information on the website is accurate and up-to-date, but do not guarantee that the content is reliable, accurate, or suitable for what You may want to use it for.

3.5   Terms and Conditions

We reserves the right to change these Service terms and conditions at any time without notice, effective immediately upon posting on the Site. You agree that DIY will treat Your use of the Site and/or the Interactive services as acceptance of the terms of the Agreement including Your continued use subsequent to any changes being posted on the Site.

3.6   Governing law

The website is governed by the laws of New Zealand. When You access the website, You submit to the exclusive jurisdiction of the New Zealand courts.

4.   Parties and Sub-Contracting

By using any of the Interactive services and the Site, You expressly agree to be bound by this Agreement to the extent it is applicable and all applicable laws and regulations governing the Site and the Interactive Services.

The Agreement forms a legally binding Agreement between You and DIY in relation to Your use of the Site and/ or the Interactive Services and applies to all Users of the Site and the Interactive Services as applicable who may also be contributors of on the Site.

DIY may at its sole discretion, sub-contract all or any part of the DIY Services to a Sub-Contractor. DIY contracts on behalf of itself and the DIY Network, all of whom shall be entitled to the benefit of these terms and who shall have no liability to Customer greater than, or in addition to that of DIY.

You warrant that You are either the owner of the Consignment or You are authorised by such owner to accept this Agreement on such owner's behalf in respect of the Consignment and every constituent part thereof including the Items.

You must be 15 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as is defined in Your jurisdiction, You must use the Site under the supervision of a parent, legal guardian, or other responsible adult.

DIY is not a common carrier and accepts Consignments for carriage subject only to this Agreement and at its sole discretion.

At any time, a member of the DIY Network who is tasked with collecting, transporting and/or delivering a Consignment may refuse a collection or delivery if such is, or would be in breach of, the terms of this Agreement.

5.   Registering for DIY Account

Registering for DIY membership and a DIY account is FREE and You will receive competitive Domestic and International rate.

To avail fully of the Site and the Interactive Services, You are required to fill out certain Registration Information online via a DIY Registration Form. The Personal Data that You provide must be true, accurate and complete at all times.

In order to provide You with maximum protection, You will be asked to input Your username (which shall be Your email) and to choose a password to create Your DIY login in order to access Your DIY account on the Site.

You will keep Your DIY login relevant to the Site and the Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your DIY login. We do not have the means to check the identities of people or businesses using the Site and will not be liable where Your DIY login is unlawfully used by another. You agree to notify DIY immediately by contacting us in writing of any unauthorised use of Your DIY login or Your DIY account of which You become aware. You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered DIY Members or for any other reason in breach of this Agreement.

As part of the verification process for registration, upon registration, You will be asked to verify Your email address. This helps us to reduce spam. Once verified successfully, on becoming a DIY member, You are ready and authorised to start using the Interactive Services and availing of DIY membership benefits.

You can cancel Your relationship with DIY at any time. You can do this by requesting DIY for Your account deactivation by sending an email request. This process will take up to five (5) Working Days to complete.

DIY members who do not comply with this Agreement may be subject to review, which can result in suspension of DIY membership privileges and/or termination. We reserves the right to suspend the use of the Site for a DIY Member pending the outcome of an investigation relating to a Complaint or a breach of this Agreement.

6.   Quote and Order Process

You may obtain a quote from the main page of the Site which shall remain valid for certain period only as market prices can be volatile and can change on a regular basis to be competitive.

You may accept a DIY offer and place an order online via the Site by clicking ‘Book now’. You will be asked to input consignee name, email, phone number and address. Once this information has been inputted You will then finalise the order by clicking ‘Check Out’.

Upon submitting and confirming Your Order, You will be redirected to the third party web site (Payment Express) and asked to submit payment details to settle the Order Price in advance and to expressly accept the terms of our Agreement. You will be provided with an order confirmation number on the Site screen.

DIY use ‘Payment Express’ solutions to process all credit/debit card payment. For Payment Express security, please refer it to the Privacy Policy Clause 8.

Payment can be only made by credit/debit card. Bank transfer is not accepted.

We shall acknowledge receipt of Your Order by sending You Your order acknowledgement and Consignment receipt by email.

You must complete the Order by:

-                     ensuring that the package is correctly packaged;
-                     ensuring that the package complies with the DIY standard;
-                     where there are multiple packages for different Consignments, ensuring You have right order number when dropping off the package at the one of DIY drop off point.

We are not able to supply You with the DIY services unless You have complied with the Order Requirements.

7.   Packaging Criteria

7.1   Packaging:

All packages must be correctly packaged (including exterior and interior packaging materials) and all packages must comply with the laws and regulations of each country through which the Items may be carried which shall be Your sole responsibility.

If We consider that the Items are not correctly packaged for carriage, We may either refuse to accept the Consignment, or repack it for You and will charge the repacking fee ($5.00).

7.2   Size and Weight:

Our charges in respect of a package is worked out by measuring the physical or volumetric weight of a package, whichever is the greater. To calculate volumetric weight (kg), measure the parcel’s height (m) x length (m) x thickness (m) and multiply this by 200.

The dimensions of a package are taken as per the largest possible dimension. If a package is bulging or has a part that sticks out, then the dimensions will be calculated according to the maximum footprint of the package.

If a package is in excess of 25kg, You must place a ‘Heavy Package Label’ on the Package. DIY will not be liable to You for any reason whatsoever if You omit to do this.

DIY will procure that the package is audited for size and weight upon collection using calibrating weighing and scanning equipment and in the event that the audit reveals a discrepancy, Additional Surcharges will apply. DIY will be entitled to charge You immediately for such discrepancy and You authorise DIY to invoice You. If the whole amount owed cannot be paid for whatever reason by these means, the amount outstanding shall be payable within seven (7) days as per Clause 13.

If You dispute the audit results, You can appeal by providing the necessary proof deemed acceptable by DIY which constitutes a photograph of the Package, with a visually clear tape measure showing the dimensions.

7.3   Perishable Items

Perishable and temperature-controlled goods will be transported at Customer’s own risk. DIY do not provide special handling for such Consignments and in the event of that loss, damage or deterioration of one or more Items ensues, You acknowledge that DIY shall not be liable to You for any losses suffered by You howsoever caused.

You also acknowledge that certain Perishable items are not permitted for transportation. You should therefore check with DIY prior to shipping. Some countries do not allow the importation of Perishable items without a permit which You are obliged to ensure is in place prior to shipping.

7.4   Prohibited Items:

DIY does not accept Prohibited Items for carriage as stated on this terms and condition clause 16.

7.5   Excluded Items

Some Excluded items may be carried by DIY Network but are carried at Your sole risk. Please check with DIY before You place an order. DIY Excluded items include Items requiring professional packaging. You acknowledge that due to the fragility or otherwise of Excluded items, We cannot make any guarantees that damage will not occur during carriage and consequently, We will not incur any liability to You if You choose to use the DIY services in respect of Excluded items except in exceptional circumstances where DIY are satisfied, at their discretion, to cover You for such Excluded items which shall be decided on a case by case basis by You making a special request to DIY by contacting us In writing, with a complete description and quantities of the Items You wish to ship along with a description and images of the packaging that You have used to protect Your Item.

If You nevertheless engage DIY to render DIY services in respect of Excluded items (where DIY has not granted You an Excluded item exception), You do so entirely at Your own risk.

Excluded Items MUST BE professionally packaged to prevent You from incurring any losses in respect to damage. If You require any further advice or clarification on this, please Contact Us.

Subject to the Excluded item exception, should We receive from any customer (knowingly or unknowingly) items for carriage which are Prohibited Items or Excluded Items, You shall have no Claim whatsoever under or pursuant to this Agreement in respect of the carriage of those Prohibited Items or Excluded Items and shall fully indemnify DIY in respect of all losses however caused, arising out of the carriage of those Prohibited Items or Excluded Items.

7.6   Prosecution

Customer may be liable to prosecution if shipping Prohibited items via the DIY Network. DIY may deal with the Consignment of Prohibited items in its sole and absolute discretion (without incurring any liability whatsoever to Customer, Consignor or Consignee) including destroying or otherwise disposing of such Consignment in whole or in part or returning the Consignment to You, and shall be entitled to charge You for the cost of disposal and all other costs reasonably incurred if it so chooses to return the Consignment or any part of it.

Consignments that breach this Agreement will be returned (unless collection is requested) to Consignor and Customer will not be entitled to any refund for charges paid or any claim.

8.   Addressing and Inspection

8.1   Addressing

DIY has Autofill address function. Instead of entering all consignee address data manually, You can use the AutoFill feature to fill address information. By doing this You are giving DIY correct information for us to deliver the Consignment.

If You do not use AutoFill function and Consignment has been misdelivered, lost or damaged DIY have no liability of any losses incurred in this respect.

8.2   Inspection

DIY reserves the right, but is not obliged to open and inspect, scan or X-ray any Consignment for reasons of safety and security. In accordance with applicable regulations in various jurisdictions, DIY may be required to undertake X-ray screening of Consignments and DIY shall have no liability in respect of any Losses incurred in this respect.

9.   Liability for Loss or Damage

For any Consignment accepted for carriage by road, air or sea, the Convention Rules (as defined) governs, and in most cases limits, the liability of DIY in respect of loss, damage or delay. Provided that these Service Terms do not conflict with the Convention Rules in respect of International carriage by air or sea, these Service Terms strictly apply to the purchase and provision of the DIY Services.

9.1   Consumers

If You are acquiring courier services from DIY as a consumer, it is important that You understand that any rights You may have, or obligations we may have to You, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the terms of the Public Contract and this Postal Users’ Guide, and are not impacted by anything in this Section 2, but are subject to the terms of the Postal Services Act 1998.

9.2   Delay

DIY shall use all reasonable endeavours to adhere to the intended transit times which are Target Only and as such, time for delivery, is not of the essence of this Agreement and the parties agree that failure to meet anticipated collection and delivery times may be down to a number of variables. You acknowledge and agree that DIY shall not be liable to You in respect of any Losses incurred by You in respect of a delay, in particular, any delay due to:

-                     Force Majeure delays;
-                     acts or omissions of customs or other regulatory agencies;
-                     the Consignment being held up in customs for formal entry clearance or because duty is payable;
-                     the Consignment being seized by any customs authority; or
-                     the DIY Documentation pertaining to customs being incomplete or incorrect.

9.3   Repair, Replacement, Compensation Payment

If You use a DIY service from Site and Your item is lost or damaged in transit, if We are liable We may elect to repair or replace the item or to pay You an amount:

-                     equal to the replacement value of the item;
-                     equal to the cost of repair of the item;
-                     up to the sum of cover available under the service You purchased (see below, and subject to any of the cover dependencies set out below)

 whichever is the lesser, together with a refund of the postage paid.

9.4   Cover Dependencies

The amount of cover available to You as a sender if Your item is lost or damaged in transit (if any) will depend on:

9.4.1        the service You purchased;

9.4.2        whether You sent a Prohibited item; or a Restricted item without complying with our specified conditions of carriage;
9.4.3        whether:

-                     the loss or damage is the result of an event beyond our reasonable control;
-                     the item is seized or confiscated by Customs or any other government agency or border control authority, regardless of whether it is a Prohibited or Restricted item or not;
-                     the loss or damage occurred before or after delivery;

9.4.4        what You disclosed as the value on the customs declaration form or Consignment note, when sending Internationally;
9.4.5        whether the item was new or second-hand (for example, cover for second hand goods that have been sold online (e.g. through online auction sites) is based on the sale price of the item);
9.4.6        whether Your actions contributed to the item going missing or being damaged or You did not mitigate Your loss, including by:

-                     sending a Prohibited item; or a Restricted item without complying with our specified conditions of carriage;
-                     choosing an inappropriate service (for example, one where You have exceeded the contents value restriction – noting that this would have made Your item a Prohibited item);
-                     not completing any required documentation fully and accurately when sending the item;
-                     not packaging the item adequately;
-                     giving us an item for delivery to a country where no postal or courier service exists;
-                     not complying with any other relevant part of the Public Contract and Postal Users’ Guide;

9.4.7        the type of loss or damage incurred – we are not liable to You for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings; and
9.4.8        whether You are able to prove the sending of the item and its loss or damage.

 

Please note that no cover will be available if You send a Prohibited item; if You send a Restricted item without complying with our specified conditions of carriage; if the circumstances described in 9.4.3 above occur; if You are a business and Your loss is indirect or consequential; or if You cannot prove the sending of an item or its loss or damage.

9.5   Cover limits

The following are the cover limits for sending within New Zealand and Internationally.

It is important that You understand that these limits are subject to the dependencies listed above – if Your item is lost or damaged in transit, You do not automatically have access to the cover limit for the service You purchased.

Both Domestic and International service provide You with coverage for loss or damage up to $2,000 (including GST) for each ticketed item sent with DIY service, subject to exclusions, as outlined in this Agreement.

9.5.1        Sending Within New Zealand

 

Cover Limited (NZ$) (including GST)

Parcels

 

Courier

Courier & Signature

$250.00

Letters and postcards

 

Letters and postcards

Under the Postal Services Act 1998, no compensation is payable


9.5.2        Sending Internationally

The disclosed value*, provided:

 

Purchaser

Cover Limit (NZ$) (including GST)

International Courier

Consumer

The disclosed value*, provided:

It is under $2,000

International Air Parcel

Consumer

The disclosed value*, provided:

it is under $2000

You disclose on the customs declaration form, Consignment note or label, when sending Internationally.

9.5.3        Dangerous Goods, Fragile, Perishable and Valuable Items

There are some items that DIY service generally do not agree to carry, these include:

-                     dangerous goods, fragile items and perishable items, as set out in our Terms and Conditions;
-                     valuable items as set out in our Terms and Conditions, including:
-                     traveller’s cheques, vouchers, deeds, negotiable instruments (including any bearer security, bill of exchange or uncrossed cheque), bonds or shares, credit or bank cards, bullion.

Fragile, perishable, or valuable items for You, please do not give us such items for delivery as we will not accept any liability for them. Please remember that if any of the contents of an item are fragile, perishable, or valuable, then the entire item is classified in the same way.

9.5.4        What am I not covered for?

There are a number of circumstances where We are not liable to pay compensation for loss of, or damage to, certain items. These include but are not restricted to:

-                     Prohibited items, see our list shown below
-                     Dangerous goods
-                     Fragile, perishable or valuable items.
-                     Inadequately packaged
-                     Illegal items
-                     Items where no proof of sending can be provided
-                     Items where the loss or damage is the result of Your act, omission or neglect
-                     Items where the loss or damage occurs after delivery
-                     Items where the loss is consequential or indirect loss (for example, as a result of a delay in delivery) or loss of profits in respect of any items sent for personal or business purposes, or
-                     Items where You make a claim more than 7 days after delivery (Domestic), for damage to a delivered item or missing contents, or
-                     more than 21 days after sending the item (International), if the claim is for non-delivery of an item

9.6   Enhanced cover

We may also be able to offer additional insurance cover to existing DIY members a small charge. Please send enquires to the DIY support centre to find out if this option is available to You.

10.          Lodging an enquiry or making a claim

DIY make every effort to ensure Your Consignment arrives in good condition, but unfortunately sometimes things can go wrong. This section sets out what compensation is payable for loss of, or damage to, an item, which items are not covered by compensation or cannot be sent and how to make a compensation claim

10.1                        Checks You can make first

If Your Consignment has not arrived as expected, there are a number of things You can check before You contact us:

-                     our delivery targets, to see when the item should have been expected;
-                     if the item was sent using a service that has tracking, use our online tracking tool to check its status;
-                     contact the recipient, check that You correctly addressed the item, that no card to call has been left or that someone else at the address has accepted the item.

10.2                        Who can lodge an enquiry or make a claim?

The purchaser of the DIY service (that is, the sender) must lodge the enquiry or claim with us. If You are the intended recipient of an item, and something is amiss, please contact the sender and have them raise the matter with us.

10.3                        How to lodge an enquiry or make a claim

For all Domestic and International postal services please contact DIY on support@diyparcel.com

10.4                        Timeframes for making a claim for loss or damage

Subject to the application of the Consumer Guarantees Act 1993, claims for loss or damage must be made within the times shown below.

Damage:

Damage to a delivered item or missing contents - 7 days.

Non-delivery:

Service used

Timeframe for making a claim

Domestic postal or courier service

7 days

International courier service

21 days


10.4.1    Information You will need to provide

When lodging an enquiry or making a claim for loss of, or damage to, a courier item, You must provide us with all relevant information to enable us to investigate the matter. The information You provide must be accurate and will include the following:

-                     time, date and place of posting
-                     sender and addressee details
-                     proof of posting (receipts or invoices)
-                     evidence of the value of the item, such as the cost or replacement price, receipts or valuation notice
-                     tracking number (where applicable)
-                     sender's copy of the Consignment note or customs declaration (where applicable);
-                     GST number (where applicable)
-                     evidence of loss and any damage - if the item is damaged or some of the contents are missing, You must contact DIY support centre. We may keep the item while we make inquiries. In the case of an item sent overseas, the addressee should take the item to the postal authority in their country.

10.5                        Processing times

We individually investigate each enquiry and claim. Because of this, resolution of Your case may not be immediate and some International investigations may take several months to complete. For Domestic matters, please expect one to two weeks to pass from Your initial interaction with us before we make contact again, and longer if the issue is complex.

10.6                        Claim payments

Please note:

We usually pay compensation to the sender, but the sender can waive this right in favour of the addressee. An addressee will receive the same amount of compensation as we would have paid to the sender if the sender had made the claim themselves.

Payments are made via internet banking and will be made in accordance with our payments cycles – usually on a Friday.

If compensation for damage to an item has been paid in full, then we may dispose of the damaged item as we choose.

If we pay You compensation in full for a lost item and the item later turns up, the item will be our property. If You want to have the item returned to You, You must refund the compensation payment You received in full.

11.          Under-declared items and invoicing

User agrees that it will accurately provide the physical and volumetric size and weight for all Consignment and that it will not under-declare the physical and volumetric size and weight of any Consignment.

Charges are based on the greater of the physical or volumetric size and weight of a package, the number of packages in a Consignment and the journey between the collection point and the delivery point as indicated by You.

You acknowledge that DIY has the right to check the physical or volumetric size and weight of a package and if it detects that Consignment has been under-declared resulting in an underpayment by You for the carriage of the Consignment, DIY will calculate and apply the correct payment and raise an invoice for the difference, for immediate payment on presentation.

You also acknowledge that DIY will charge a fuel allowance on the difference as well as an administrative fee to cover the detection of the under-declared Consignment, correct weighing of the Consignment and preparation of the invoice for the difference.

You further acknowledge that DIY reserves the right not to provide the services until You have paid the correct amount applicable for the carriage of the Consignment.

12.          Responsibility for charges

Various charges for DIY services are set out on the Site and are valid at the time of accessing the Site only as some may fluctuate from time to time.

Where Customer places an Order online, You shall pay all applicable charges in advance via the Site. You agree to pay and shall be liable for all charges including but not limited to, credit/debit card charges, variable fuel rates, administrative fees and third-party costs incurred for any reason in the provision of the Services.

The DIY’s charges for the services including any Variable Fuel Rates (VFR), administrative fees and third-party costs and all other fees shall be deemed fully paid before Consignment are dropped off at the stores.

All charges are stated as inclusive of VFR and GST and may be subject to variation from time to time.

13.          Charges, Settlement and Refund

13.1                        Right to charge for short paid Items

You authorise us to charge Your credit/debit card prior to delivery (or in the case of International mail, at the time that the parcel is weighed and measured at the International Mail Centre) with any unpaid postage costs where the physical and volumetric size and weight entered by You are found to be incorrect. Where short paid postage is unable to be charged to Your credit/debit card or the payment cannot be processed successfully, DIY may charge a handling fee in addition to the postage owing.

Unless evidenced otherwise, an invoice shall be considered as received within seven (7) working days following the date on the invoice. Invoices are emailed to You.

If You fail to make payment in full by the due date, this shall be considered as a material breach of this Agreement and the whole of the balance due in relation to the DIY services then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to DIY and until the payment has been made in full, DIY may:

-                     suspend delivery of the Consignment where it is not yet delivered (and/or any other Consignment (whether from the same order or not) to the consignee;
-                     suspend any DIY membership benefits and access to the DIY account;
-                     retain by the way of a general DIY lien, any of Your items in its possession until payment in full of all sums due from You on any account (whether relating to the Items or not), is received. Where any items are held by the way of a DIY Lien, DIY shall not be liable to You for the loss of, damage to, or deterioration of, the items whatsoever and howsoever caused and DIY may at its absolute discretion, upon giving not less than twenty-eight (28) days’ notice of the exercise of the DIY lien, sell by public auction, any or all of Your items in its possession, as agent for You and for that purpose may open, or break open, any package for such purpose without any liability. DIY shall apply the proceeds of any sale (after deducting reasonable costs for the storage and the sale of the Items) against any sums due to DIY and shall account to You for the balance (if any). You shall discharge DIY from all liability whatsoever in respect of such Items. Failure to deliver items as a result of the exercise of a DIY lien shall not constitute a breach of the Agreement or enable You to withhold payment of any sum due to DIY; and,
-                     stop any Consignment in transit by virtue of association.

13.2                        Refund

Refunds made during the Refund Window can only be made to the credit card account used to make the original payment and will be subject to a payment processing fee equal to the greater of $5 or 5% of the total amount refunded. For the avoidance of doubt, goodwill payments credited to Your DIY account will not be subject to a refund.

Where the Refund Window has expired, Your sole remedy and our sole liability to You will be the provision of DIY services against which You may redeem Your DIY Credit to the value of Your DIY Account balance. No cash refunds shall be made under any other circumstances.

13.3                        Return Consignment and storage charges

If the Consignment to receiver is being returned to DIY depot due to incorrect consignee details, then full postage may need to be applied to resend the item. Short paid items with no return address may be considered undeliverable and sent to DIY depot and dealt with in accordance with the Postal Services Act 1998.

14.          Force Majuere

In no event shall the DIY be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of DIY, the DIY Network or any other party), and (including being prevented from collecting, delivering, customs clearing Consignments) failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, adverse weather conditions or default of DIYs, consultants or Sub-Contractors’, DIY’s failure to perform that obligation shall not constitute a breach or default under this Agreement; it being understood that the We shall use reasonable efforts which are consistent with accepted practices in the logistic industry to resume performance as soon as practicable under the circumstances. If the Force Majeure Event continues for a period in excess of thirty (30) days, either party may cancel the Order and terminate this Agreement provided such Force Majeure Event is continuing at the date of termination. In such circumstances, We shall arrange to return Your Consignment to You at Your sole cost and expense.

15.          Export control and customs

The User authorises DIY to act as the Customer’s agent for export control and customs purposes and to complete all documents as may be necessary or desirable in connection with the provision of the services on any terms provided that the Carrier shall not be liable to act as the User’s agent in this respect.

DIY may (but without obligation to do so) advance any duties, taxes, imports, outlays or charges at any port or place in respect of the goods and the Customer shall on demand pay any amounts so paid by DIY.

16.          Carriage of Dangerous, Valuable, Perishable and Prohibited items

We may open and inspect any item we suspect may be a Dangerous Goods or Prohibited Item. If we find such an item it will not be delivered and we will not refund the amount You paid to us to deliver the item.

 We are not obliged to return the item to You, but may, at our discretion and at Your cost:

-                      a. make the item safe;
-                      b. return the item to You by a licenced dangerous goods carrier or security firm;
-                      c. destroy the item;
-                      d. dispose of the item, or
-                      e. deliver the item to the appropriate authorities
-                     Whenever Dangerous Goods, Valuable Items, Prohibited Items and Perishable Items are carried it will be on the basis of “limited carriers risk” as defined in the Carriage of Goods act 1979. This means our liability to You is limited to a maximum of $2000 for the loss or damage to an item, however the loss or damage arises (including as a result of negligence).

16.1                        Dangerous Goods

Means all items listed in the IATA Dangerous Goods Regulations, any substance or article prescribed as Dangerous Goods for the purposes of the Hazardous Substances and New Organisms Act 1996 and associated regulations and any other item listed below as a Dangerous Good (as such list is amended from time to time).

16.2                        Perishable Items

Means items of a perishable nature including without limitation, plants, flowers, produce, biological specimens, organisms and cultures, frozen chilled food, blood, serum and chilled medical supplies, items which need to be delivered within a limited time span or any other item listed below as a Perishable Item (as such list is amended from time to time).

16.3                        Prohibited Items

Means items listed below as a Prohibited Item (as such list is amended from time to time).

16.4                        Valuable Items

Means any item of fragile nature (including without limitation, glassware and lighting),car panels, carskins, windscreens, bumpers, wine or bottled product, whiteboards, display signs, empty animal cages, livestock, items in excess of 1.5 metres in length, cash up to a maximum of $1000 (amounts over$1000 will not be carried) and any other item listed below (as such list is amended from time to time).

 

17.          Quick Reference Guide to Common Valuable or Prohibited Items, or Dangerous Goods

This list is a guide only and is not exhaustive, if You have any questions please contact us.

17.1                        Prohibited Items

These items, while not necessarily dangerous, are prohibited:

-                     Live animals except for correctly packaged bees, leeches, silkworms and harmless insects
-                     All drugs unless in prescription quantities and packaged correctly
-                     Illegal narcoticsubstances
-                     Firearms (including parts) and ammunition
-                     Human remains (including ashes)
-                     Furs and skins (untreated)
-                     Indecent goods
-                     Any noxious substance or thing orany dead animal
-                     Any unsolicited indecent item or representation of any kind
-                     Any item containing anything that is capable, as packed, of causing injury to any person or damage to property
-                     Any inadequately packaged item

17.2                        Valuable Items:

-                     Bullion
-                     Cash or currency
-                     Jewellery or watch
-                     Items of a fragile nature (including without limitation, glassware and lighting)
-                     Traveller’s cheque
-                     Stamp or Voucher
-                     Deed
-                     Negotiable instrument (including any bearer security, bill of exchange or uncrossed cheque)
-                     bond or share
-                     credit, debit or other bank card
-                     precious metal or stone
-                     any collectible or antique or any painting or work of art

17.3                        Dangerous Goods

All items, irrespective of packaging, listed in the IATA Dangerous Goods Regulations are not to be sent by courier.

These include:

-                     Acid
-                     Adhesive products (containing flammable liquid)
-                     Aerosol cans (e.g. Hair spray)
-                     Alarm devices (gas or battery powered)
-                     Alcohol (more than 5 litres)
-                     Alcohol (more than 70% by volume)
-                     Alkaline
-                     Aluminium powder
-                     Ammonial products
-                     Ammunition
-                     Anti-freeze
-                     Appliances (containing batteries)
-                     Asbestos
-                     Batteries (contained in any appliance)
-                     Batteries (made from lithium)
-                     Batteries (car or wet cell)
-                     Battery fluid
-                     Blasting caps
-                     Bleach
-                     Brake fluid
-                     Bullets
-                     Butane
-                     Camphor
-                     Caps for starting guns
-                     Caps for toy guns
-                     Causticsoda
-                     Charcoal
-                     Chemicals
-                     Chlorates
-                     Chlorine
-                     Christmas crackers
-                     Cigarette lighters
-                     Corrosives (e.g. nail polish)
-                     Deodorant (aerosols)
-                     Disinfectants
-                     Drugs (unless in prescription quantities)
-                     Dyes
-                     Electronicitems (containing batteries)
-                     Essential oils (e.g. Eucalyptus, tea tree)
-                     Fertilisers
-                     Fire extinguishers
-                     Fire lighters
-                     Firearms
-                     Fireworks (e.g. Skyrockets, sparklers, crackers)
-                     Flammable liquids and flammable solids (e.g. perfume)
-                     Flares
-                     Flint lighters
-                     Gas (e.g. Propane, butane, hydrogen, helium)
-                     Gas cylinders (e.g. Camping gas cylinders – full or empty)
-                     Glue (e.g. Flammable, quick drying)
-                     Grenades
-                     Hair colouring/bleaches
-                     Hairspray (aerosol)• Highly magnetic, polymerizable goods
-                     Igniters
-                     Insecticides
-                     Kerosene
-                     Laundry detergents
-                     Lighter fluid
-                     Liquid nitrogen
-                     Lithium batteries
-                     Magnetic material
-                     Magnets
-                     Matches
-                     Mercury
-                     Mobile phones (unless battery separately wrapped)
-                     Motor fuels
-                     Nail polish
-                     Nail polish remover
-                     Narcotics
-                     Oven cleaners (which include causticsoda)
-                     Oxidising substances and organic peroxides (e.g. hair dye)
-                     Oxygen cylinders
-                     Paint (oil based)
-                     Party poppers
-                     Perfume
-                     Perfumery products
-                     Peroxides
-                     Petrol
-                     Phosphorus
-                     Plasticsolvent
-                     Poisons (e.g. Cyanide, lead, arsenic)
-                     Propane
-                     Radioactive materials
-                     Shock absorbers (gas or compressed air)
-                     Signals, distress
-                     Signals, smoke
-                     Sodium
-                     Solvents
-                     Sparklers
-                     Sulphuricacid
-                     Swimming pool chemicals
-                     Tea tree oil
-                     Textile dyes
-                     Theatrical flares
-                     Thermometers (mercury)
-                     Toner (e.g. Photocopier)
-                     Toxic(poisonous) and infectious substances.
-                     Toy caps
-                     Toys (containing batteries)
-                     Turpentine
-                     Varnish (e.g. Removers, thinners)
-                     Weed killers
-                     Zinc powder