These terms and conditions govern all supply of services ("products") by Twist Creative Limited ("DIY Designs") to you, the purchaser of services from us, including your use of the website at www.diydesigns.co.nz ("the website"). They are effective from 1st April 2020 and will replace all earlier terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

All orders are subject to the availability of those products or services. If for any reason a Product or Service is not available, we will endeavour to notify the non-availability on our website and online shop.

Prices for services stated on our website are exclusive of any applicable delivery charges, unless clearly stated as Free Delivery. No Delivery charges are applied to services that are electronically communicated.

We only deliver Hardcopy to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary, in your online shopping basket.

The Service of designing is a two-way process between parties, delays caused by you failing to communicate on a timely and regular basis will delay to the final delivery of the Service. Twist Creative Limited will endeavour to meet the delivery timetable outlined in the Service for our part of the process.

At any time you can enquire the status of the service by communicating via the supplied or published contact methods. We will endeavour to provide regular and timely updates of the service status.

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of any delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

A receipt or invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment may be made on the website by credit and debit cards. We use third party payment solution providers for credit and debit card transactions, any security failure, errors, fraud or service failure made as a direct result of the actions of the third-party provider are the sole responsibility of that provider. We may accept direct payment into our back account by arrangement.

DIY Designs attempts to be as flexible as possible, we will confirm in-person visits the day prior and will work with our customers to accommodate changes as best as we can.

Design services completion dates and work schedules will be communicated once the customer has fully delivered any information required. Delays caused by a customer’s failure to fully deliver required information will result in delays to the provision of design services and will enter the design services work schedules in order of receipt.

Once the purchase has been made via our website, cancellations & refunds will be applied as follows:

Refund deductions policy:

Electronic delivered eBooks, Guides, and Downloadable material.

• No refund after purchase as this is delivered immediately.

Consultations and in-person visits.

• Before 3 days scheduled visit: 20% admin fee of purchased value (incl GST) plus bank/payment fees incurred (i.e. Stripe Fees)

• Within 3 Days of the scheduled visit: 50% of the purchased value (incl GST) admin plus bank/payment fees incurred (i.e. Stripe Fees)

Design Services.

• Before submission of design brief: 20% admin fee of purchased value (incl GST) plus bank/payment fees incurred (i.e. Stripe Fees)

• After submission of design brief: 40% admin fee of purchased value (incl GST) plus bank/payment fees incurred (i.e. Stripe Fees)

• Once Design Services has begun: No refund. As this is a service offer, we are unable to provide any refunds once active design work has been undertaken. You need to provide us with quality information and engage with us on developing the design brief to reflect your preferences. Within each Service, we allow for a stated number of design revisions to allow us to get the best outcome for your project. Please choose carefully when purchasing to your service so it meets your requirements.

We will meet our obligations under the Consumer Guarantees Act.

The balance refunded within 5 working days of notification of cancellation in writing via the same method of payment (i.e. Stripe) after the request is received in writing to info@DIYdesigns.co.nz

Where you acquire or hold yourself out as acquiring Services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

By purchasing our services we enrol you automatically (opt in) into our customer database and deem that you have opted to receive ongoing communications. If at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of any communications sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.diydesigns.co.nz

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.