Repair/Restoration Terms & Conditions

REPAIR/RESTORATION TERMS & CONDITIONS AGREEMENT

1.GENERAL

By using the services of Jenna Milesi t/a Restituo, you are demonstrating your acceptance to be bound by these Terms and Conditions (Terms). The Terms may be modified from time to time by updating this Agreement. You should visit this Agreement frequently to review the current Terms. It does not affect your statutory rights. These Terms are in accordance with New Zealand law and will be construed in accordance with the New Zealand courts. The Jenna Milesi t/a Restituo is a sole trader and currently not GST registered. The registered postal address is: 3/40 Cadogan Street, Sydenham, Christchurch 8023, New Zealand. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated. No person other than Jenna Milesi t/a Resituo shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

2. PRICING AND PAYMENT

All pricing of services is exclusive of GST as Jenna Milesi t/a Restituo is not currently registered for GST. All quotes, unless those following a physical assessment of the item to be restored, are preliminary. The provisional price is a provisional estimate only, which shall be determined with reference to all relevant factors including, without limitation, the style and condition of the item, the material composition and nature of damage. On occasion, we may exercise our right to revise the price upwards after providing a fixed quote due to unforeseen complexities.

Once the quote has been approved, you will be required to make a 100% upfront payment. Payment is via bank transfer or Credit Card. Upon completion of your item(s), we will return your item(s) to the address provided to us at the time of order which was submitted via email, the contact form on the website, Facebook or text message. If the card or method of payment fails, we reserve the right to retain your items until full payment has been received. We accept all major credit cards. We may introduce additional payment methods as our business evolves.

The NZD prices for services displayed on our website or app, at the time of quotation or estimation will be honoured for a period of 10 working days from when the quote or estimate is first sent. After 10 days, it will be at the discretion of Jenna Milesi t/a Restituo to maintain or alter the quote or estimate.

If you are a customer whose credit/debit card is not denominated in NZD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

We take reasonable care to make sure our website and app is secure. All credit/debit card transactions on this site are processed using Shopify Payments & Stripe, secure online payment gateways that encrypt your card details in a secure host environment. Your card details are not stored on Jenna Milesi t/a Restituo’s servers or systems. We reserve the right to change payments provider at any time and for any reason without notice.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but absent of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing our website or app.

3. COLLECTIONS, RETURNS AND TRANSPORT

Upon booking a service, You (the ‘Customer’) will be charged a courier fee depending on which courier option you select (and where you are based in New Zealand). These options are given to you in the quote or estimate.

It is your responsibility to ensure that the item(s) is/are available for collection/return/posted via courier at the time and on the date agreed. If you or our courier is unable to collect/return an item because there is no one available at the agreed time and collection/return address, or you have provided an incorrect or incomplete collection/return address, we reserve the right to charge for any repeat collection/return trip/return courier charge(s).

Once we have received your item, we will provide you with a confirmation e-mail and then assess and re-quote your item(s) if necessary, where there are other aspects which could not be identified in photos supplied to us. If you do not approve or decline your re-quote within 7 days, Jenna Milesi t/a Restituo reserves the right to charge you storage fees. Our storage rates are $90 NZD per item per month which equates to $3.00 NZD per item per day. We will endeavour to get in touch with you and alert you ahead of the charges commencing.

If you are outside of NZ, you are responsible for additional taxes and charges for international couriers. Jenna Milesi t/a Restituo takes no responsibility for any item detained or destroyed by officials of any territory exercising its laws, policies, statues or any other legal doctrine they deem to have been violated. This may involve laws pertaining to exotic materials or counterfeit items.

We can facilitate on your behalf, the transport of your items to/from your home or office, to/from Jenna Milesi t/a Restituo’s workshop/atelier. While Jenna Milesi t/a Restituo carefully selects and monitors its logistics partners, while the item is in transit, you are bound by the T&Cs of our logistics partners/Courier (e.g. DHL or NZ Post). Jenna Milesi t/a Restituo DOES NOT assume responsibility for the goods in transit when they are moved between Jenna Milesi t/a Restituo’s workshop/atelier. Any damage, theft, or loss once the item(s) are in transit must be taken up with the Courier/Logistics partner concerned by either Jenna Milesi t/a Restituo or the Customer, whoever the Courier Logistics partner concerned requests be the one to make the query regarding any damage/theft/loss caused in transit to/from the Customer and to/from the workshop/atelier of Jenna Milesi t/a Resituo. Jenna Milesi t/a Resituo may at any time choose to change our policy with regard to charging back for collections/returns.

Please check all items and parcels sent to Jenna Milesi t/a Resituo for valuables including money, jewellery, dust bags or anything else of value you may not want to lose. Do not send these. If we find any valuables, we will endeavour to return them to you, but we are not liable for the loss of any such articles.

Please note that by declining some or all services, you may be liable for any carriage fees/courier fees involved. This also applies to our inspection service.

Jenna Milesi t/a Restituo takes extreme care of your items and holds these in a locked premises which is not accessible to customers/the public and has video and audio surveillance. However, each item whilst it is within our facilities or that of a third-party service provider working our behalf, is/are currently not insured. By agreeing to these Terms & Conditions, you accept that any damage/loss/theft of the item(s) while on Jenna Milesi t/a Restituo’s premises or that of a third part working on our behalf is at your own risk and the maximum compensation payable to You for these situations is 100% of your repair cost excluding courier charges.

An agreement between you and Jenna Milesi t/a Restituo for us to restore an item on your behalf comes into existence at the moment the payment for the repair or restoration has been made or an item has been sent/given to us (whichever occurs first), such agreement being governed by these terms to the exclusion of all other terms, conditions and representations, whether written or oral. By sending an item to us you are confirming: You are the rightful owner of the item in question and/or you have full authority to repair or restore the item without anyone else’s permission (or that you have obtained any necessary permissions). You will maintain ownership of the items throughout the process.

Jenna Milesi t/a Restituo reserves the right to leave parcels with a doorman, building, hotel or office concierge, couriers, logistics providers, or other authorised people. Jenna Milesi t/a Restituo does not assume any responsibility for any items lost or damaged while in their care.

On occasion, our partners may refuse to deliver your order if they are of the opinion that the shipping address or the accepting party presents a risk to either their person, their equipment or to the item being returned.

If delivery is delayed by any event outside of our control, we will try to contact you as soon as possible to let you know and will take steps to minimise the impact of the delay. However, we are not liable for delays caused by external and unforeseen events and occasional personal circumstances of our repair and restoration staff which may lead to delays much longer than originally anticipated.

4. LIMITATION TO LIABILITY

In the unlikely event that an item becomes damaged whilst in the care of Jenna Milesi t/a Restituo, the liability of the item shall not exceed the total repair cost excluding cost of courier charges regardless of brand or condition unless previously agreed in writing between both parties.

For items deemed “Level 1– Low Level of Damage or Risk”

If you are unhappy with any part of the completed work, you have 48 hours from return to contact to Jenna Milesi t/a Restituo from when your parcel was delivered to your address. For the avoidance of doubt, date of delivery and time of delivery is determined by the courier time and date of delivery which can be verified online using the relevant tracking link to the courier’s website.

Officially, Restituo guarantees our work for three months under this category, but we judge each case on its merits. This may seem like a small window, but we have no way of knowing what your item comes in contact with or how it’s used once it leaves our care and that may impact the work we’ve done.

Each restoration is unique and the way it wears is dependent on multiple factors, including its original condition. We aim to manage your expectations and know what to expect before you approve your quote and let you know of any issues once we receive the item(s) for repair (and potentially as work is being completed if issues arise). If you are dissatisfied with the quality of our work beyond three months, we will strive to find a solution for you. Restituo treats each order with compassion and care, and want you to be proud of the work Restituo has done, as Restituo is. Please note that our services may affect the brand warranty on your item.

We will investigate any complaint promptly and offer to remedy the problem where possible by offering one or more of the following:

Offer to repair the aspect that needs to be re-repaired in which the customer will need to arrange and pay for the shipping of the item back to the workshop address and the repair agreed and one way courier from the workshop back to the customer will be at no charge to the customer; OR
Offer a percentage of the repair cost excluding courier/shipping fees and materials) as compensation and this will be pay fair compensation for damage or loss due to our negligence. Only in extreme cases will a full refund of the repair cost (excluding courier fees) will be refunded whereby the repair or restoration work was due to the result of extreme negligence on the part of Jenna Milesi t/a Restituo.

For items deemed “Level 2 – Moderate Level of Damage or Risk”

Officially, Restituo guarantees our work for two months under this category, but we judge each case on its merits. This may seem like a small window, but we have no way of knowing what your item comes in contact with or how it’s used once it leaves our care and that may impact the work we’ve done.

Each restoration is unique and the way it wears is dependent on multiple factors, including its original condition. We aim to manage your expectations and know what to expect before you approve your quote and let you know of any issues once we receive the item(s) for repair (and potentially as work is being completed if issues arise). If you are dissatisfied with the quality of our work beyond three months, we will strive to find a solution for you. Restituo treats each order with compassion and care, and want you to be proud of the work Restituo has done, as Restituo is. Please note that our services may affect the brand warranty on your item.

We will investigate any complaint promptly and offer to remedy the problem where possible by offering one or more of the following:

Offer to repair the aspect that needs to be re-repaired in which the customer will need to arrange and pay for the shipping of the item back to the workshop address and the repair agreed and one way courier from the workshop back to the customer will be at no charge to the customer; OR
Offer a percentage of the repair cost excluding courier/shipping fees and materials) as compensation and this will be pay fair compensation for damage or loss due to our negligence. Only in extreme cases will a full refund of the repair cost (excluding courier fees) will be refunded whereby the repair or restoration work was due to the result of extreme negligence on the part of Jenna Milesi t/a Restituo.

For items deemed “Level 3 damage – Severe Level of Damage or Risk”

Jenna Milesi t/a Restituo tries to operate a zero-harm policy. If Jenna Milesi t/a Restituo feels there is a meaningful risk that Jenna Milesi t/a Restituo can’t control, Jenna Milesi t/a will explain this to you and obtain your permission.

In the unlikely event that Jenna Milesi t/a Restituo does damage something, the maximum compensation for any item regardless of condition or brand is the total repair cost excluding courier charges. Please note that upon receipt, Jenna Milesi t/a Restituo photographs each of your items. Jenna Milesi t/a Restituo also makes note of any existing damage and the general condition they arrive in and communicate this in your assessment/initial inspection. Please read this carefully and let us know if you are in disagreement as soon as possible.

Level 3 – Severe Damage or Risk Repair Special Conditions

Jenna Milesi t/a Restituo is in the business of doing the ‘risky’ services most repairers, restorationists and makers won’t do. If you make payment for repair and or restoration for items categorised as level 3, then you accept 100% of the risk that the item may not go as planned, work as it should, come apart, or may not work at all, or fall apart not long after use.

If your item is deemed to be a level 3 and has a severe level of damage or is extremely risky. This means that even after your item has been repaired, there may be a chance of the following:

The repair may not hold or
The original materials may not stay bound to the repaired sections; or
Old materials may disintegrate easily and may come apart/undone; or
May not last many uses; or
May be restricted in their uses; or
May break even after repair with few uses;
Or some other aspect may occur that leads the item to not function as it should or be used as it should;

By accepting these terms and conditions, you understand and agree to the following condition(s):

Item(s) which is/are deemed a level 3 is/are accepted at Your (the ‘Customer’) own risk and no compensation in any form (this includes money, vouchers, products, repair work, restoration work, courier fees, and all other forms of compensation) is deemed owed or payable if the item(s) break(s)/come(s) apart/disintegrate(s)/wear(s) away or is/are damaged or get(s) damaged in any way after the date the item(s) has/have been sent via the Courier to You (the ‘Customer’). The date and time the item(s) have been sent via Courier is defined as the date and time the items(s) have been picked up by the Courier which can be verified via the Courier’s website via the tracking link.

Any damages occurred during transit via Courier must be lodged with the Courier company by either Jenna Milesi t/a Restituo or the Customer (whoever the Courier requests to do this) and the Courier company’s terms & conditions regarding this issue apply.

That said, Jenna Milesi t/a Restituo tries to operate a zero-harm policy. If Jenna Milesi t/a Restituo feels there is a meaningful risk that Jenna Milesi t/a Restituo can’t control, Jenna Milesi t/a will explain this to you and obtain your permission.

In the unlikely event that Jenna Milesi t/a Restituo does damage something, the maximum compensation for any item regardless of condition or brand is the total repair cost excluding courier charges. Please note that upon receipt, we photograph each of your items. We also make note of any existing damage and the general condition they arrive in and communicate this in your assessment/initial inspection. Please read this carefully and let us know if you are in disagreement as soon as possible.

To the fullest extent permitted by law, Jenna Milesi t/a Restituo shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever arising out of or in connection with these Terms.

5. PRIVACY

We recognise and respect the importance of protecting the privacy of visitors to our website or app. This privacy policy explains all of the information we collect about you through our website, how we use that information and the procedures that we have in place to safeguard your privacy. We reserve the right to amend or modify this privacy policy at any time and in response to changes in applicable law. If we change our privacy policy, we will post the changes and may place notices on other pages of our website, so that you are aware of any amendments. Providing us with up-to-date information allows us to carry out our obligations arising from any contracts entered into between you and us, to monitor and improve the provision of the services through the website and to send you notices about our service or any changes to it. Please refer to our privacy and data policy.

6. MARKETING OF ITEMS

We reserve the right to market and advertise items on social media platforms as demonstrations of our capabilities to existing and potential clients/customers, unless the item is easily identifiable or personalised to the individual and will request permission to use identifiable details before their use in promotional materials. However, you may request that we not use images of your items in writing. Please e-mail restituo.nz@gmail.com

7. RIGHT TO DECLINE

We reserve the right to decline services to any customer for any reason whatsoever so long as the decline is in accordance with applicable consumer laws, discrimination laws, and other relevant laws. Physical, verbal, or written abuse towards the owner, staff, employees, and contractors will not be tolerated.

8. INTELLECTUAL PROPERTY RIGHTS

Your use of Jenna Milesi t/a Restituo’s website or app grants you no right to any copyright, designs, trademarks, code or other intellectual property or material.

All such content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions.

You are permitted to use the content only as expressly authorised by Jenna Milesi t/a Restituo. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties.

Without limiting the foregoing, copying and use of the above listed materials to any other server or location or support thereof for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

9. CONTENT

In addition to the Intellectual property rights mentioned above, “content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on our website or app.

Jenna Milesi t/a Resitituo tries to ensure that the information on this site is accurate and complete however, Jenna Milesi t/a Restituo does not promise that our content is accurate or error-free.

Jenna Milesi t/a Restituo does not promise that the functional aspects of the website or app will be error free or that the server or applications that make content or information available are free of viruses or other harmful components.

We recommend that all users of the Internet ensure they have up to date virus checking software installed.

10. THIRD-PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Jenna Milesi t/a Restituo, including advertisers. Jenna Milesi t/a Restituo has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages. Nor are we responsible for the availability of such external websites or resources. We do not endorse, and we are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources. We are not responsible for any damage, loss or offence (alleged or otherwise) caused by the content of third-party websites.

11. COMPLAINTS AND GOVERNING LAW

If you have a complaint about us, please email restituo.nz@gmail.com giving full details including applicable dates, order reference numbers and full contact details. These T&Cs, together with all our policies and procedures will be governed by and construed in accordance to the New Zealand law and the relevant courts of New Zealand will have exclusive jurisdiction.

12. AGREEMENT TO THE TERMS & CONDITIONS FOR REPAIR AND/OR RESTORATION WORK

By stating in writing OR by making a payment for the repair or restoration work, infers that you agree to the terms & conditions of this agreement & scope of work and understand the risks of having your item(s) repaired and/or restored.

13. SUGGESTIONS

If you have any suggestions, then please do not hesitate to get in touch either by e-mail restituo.nz@gmail.com .