Terms and conditions

These terms and conditions are the contract between you and Refine Your Home Limited, trading as The Refinery. (“us”, “we”, etc). By visiting or using Our Website you agree to be bound by them.

We are The Refinery, a company registered in New Zealand, NZBN 9429048670555.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

1. Definitions

In this agreement:

“Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Extra Work” means all of the work we do and materials we buy to prepare or produce Specified Goods, 

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified/customised Goods.

“Intellectual Property” means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

“Specified Goods” means Goods which have been subject to work or process to your specific order, including any product customisations and made to measure items.

“Our Website” means any website of ours, and includes all web pages controlled by

2. Interpretation

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

2.1 a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

2.2 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3 the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.

2.4 in the context of permission, “may not” in connection with an action of yours, means “must not”.

2.5 any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.6 a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

2.7 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party. 

2.8 these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you. If these terms conflict with our confirmation of order sent to you, these terms prevail. 

3. Our contract with you

3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement. 

3.3 If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4 Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.

3.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records. 

3.6 The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods. 

3.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

4. Acceptance of your order

4.1 This paragraph applies to Goods which you buy from us as advertised.

4.2 We provide an online opportunity to purchase custom made Goods at retail price for the purpose of (DIY) self-measure and installation. 

4.3 Your order is an offer to buy from us.

4.4 We shall accept your order by e-mail confirmation following your online purchase or manual order via email. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

4.5 Following confirmation of your order, we will attempt to contact you via phone to re-confirm your details. Your order will be sent straight to production following our phone call. 

4.6 Once your order is sent into production, we are unable to offer any refunds or amendments to your order. 

4.7 At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

4.8 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

     4.8.1 accept the alternatives we offer;

     4.8.2 cancel all or part of your order.

5. Extra Work and approval

5.1. This paragraph applies to Specified Goods/the customisation of our products. 

5.2. All of our products are custom made to your requirements unless otherwise stated. 

5.3. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.

5.4. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.

5.5. Within 3 working days of entering into this contract we will endeavour to contact you via phone to confirm your requirements, prior to sending your order into production.  

5.6. We will send your order into production based on the exact measurements that you provide to us, with the exception of an inside mount, which we will make a deduction of 3mm to your measurements, to assist with installation. 

5.7. While every effort has been taken to guide customers with design and measuring decisions and your order will be reviewed to the best of our ability, at no time do we claim to have a full understanding of your exact requirements or window specifications.

5.8. Once your order is in production, if you wish to make any change to the specification of the Extra Work, we will do this to the best of our ability based on where in the production process your Goods are. You must pay us the sum we estimate that the change will cost us, based on our then current charging rates.

5.9. If you terminate this agreement once your order is in production, you acknowledge that we cannot sell your Specified Goods and therefore you accept that it is likely no refund will be available. 

5.10. The Refinery products are custom made to your specifications provided in your order. Therefore, you are responsible for your measurements and design decisions based on your requirements. 

5.11. We cannot accept the return of Goods due to your measurements being incorrect, or the incorrect design decisions for your needs. 

5.12. Full measuring instructions are provided to help with accuracy. If you are unsure, you should contact us for specific advice on how to measure.  

5.13. While every care has been taken for accuracy, a slight variation may occur when viewing colours on screens. Likewise, with wooden products the natural wood grain can also provide variation in shading of colour. Samples are available to assist with correct colour choice. We are unable to accept returns due to incorrect colour selection. 

5.14. Unless stated ‘to-scale’, all diagrams and imagery on Our Website, while represented as accurate as possible, are exaggerated to illustrate specific features and for educational and promotional purposes only.

5.15. The images generated by our online “Design and Order Generator” are to illustrate your order requirements only and should be considered conceptual. The image may not exactly display the correct number of louvres or correct sizing ratios of your custom order.

5.16. We will ensure, to the best of our ability that all Goods provided match the specifications given, however some details, for example, colours could slightly vary from onscreen and due to the natural colourings of the Basswood materials.

5.17. If you decide to use the cut-out templates on Our Website to assist with design decisions, it is the responsibility of the customer to ensure you are printing the templates correct to size and scale. Please check your print settings and ensure your page is not being re-sized upon print. This will ensure our cut out templates are printed to the correct size. A further check is to confirm the measurements on the page with a ruler to ensure they are correct once printed. These templates are a tool to help you plan your purchase but should not be used in isolation from the other measuring methods provided. Any errors due to not using these cut out templates correctly will be the full responsibility of the customer.

6. Prices

6.1. Prices for Specified Goods are available through our Design and Order Generator on Our Website or by enquiry over email. 

6.2. Our pricing is in New Zealand dollars and is subject to change. 

6.3. Prices include goods and services tax. 

6.4. Price excludes New Zealand delivery fees from our Auckland headquarters. This delivery fee is calculated at checkout upon receiving your delivery address and the price is based on the size of the order and your location. 

6.5. It is possible that from time to time our prices on Our Website may change. 

6.6 We are not responsible for any pricing errors or omissions that may occur in Our Website pricing software. Once realised, we will urgently advise you of the error and the correct amounts payable. If that happens, we will not send into production, the Goods until you have confirmed that you wish to buy at the new price.

7. Payment

7.1. We will not split an order. We require the full price of your order before we send it into production. 

7.2. Payment must be received in New Zealand dollars. 

7.3. The price of the Goods does not include the local delivery charge (ex-Auckland) which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

7.4. If a refund is due (for any reason), we will credit your credit or debit card as soon as reasonably practicable from the date when we accept that repayment is due.

8. Security of your credit card

8.1. We take care to make Our Website safe for you to use.

8.2. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

9. Cancellations or changes to your order:

9.1. Once your order is sent into production, we are unable to offer any refunds.

9.2. Once your order is in production, if you wish to make any change to your order, we will do this to the best of our ability, however based on where in the production process your Goods are, these changes may not be possible. 

9.3. In the event of any changes or amendments to your order, there could be additional costs incurred. If so, you must pay us the sum we estimate that the changes will cost, based on our then current charging rates.

10. Production Process:

10.1. The production process of your order begins as soon as your order is confirmed. 

10.2. Some Goods can be large and heavy, or in the case of a special shape or colour being requested, production times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

10.3. Our “Order Deadline” dates provide an indication of when we close orders each month, to allow for monthly deliveries. If you order prior to the cut-off date, but your order includes large sizes, special shapes or custom colours, we may need additional time for production and your order may need to come in the following months shipment. In any instance we will communicate this to you as and when we receive the information. 

10.4. If you place your order at the opening days for the new month’s order, this could naturally add a few weeks to your delivery time due to your order not being shipped until the end of the month once orders close. 

10.5. Generally speaking, orders will leave our factory approximately two weeks after the months order deadline closes. 

11. Shipping and Delivery Timelines:

11.1. Goods are delivered approximately 8-12 weeks from the day you place an order to purchase the Goods.

11.2. Shipping times are beyond our control and cannot be guaranteed. If we are not able to deliver your Goods within 8-12 weeks of the date of your order, we shall notify you by e-mail and provide regular updates as and when these updates are available to us.  

11.3. In no circumstances, will any delays in delivery that is beyond our control, give the customer the right to cancel the order or to request a price reduction.

11.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.

12. Receiving your order:

12.1. Our goods are not available for collection. Delivery only. 

12.2. Delivery of Goods will be made by our courier and freight partners, to the address stipulated in your order. 

12.3. You must ensure that someone is present to accept and sign for delivery. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the garage”) in which case they are at your risk from when they are collected from us. 

12.4. Goods are sent from our Auckland headquarters by courier or freight, depending on the size of your order. We will send you a message by email to tell you when we are preparing to despatch your order and to arrange an approximate date for your local delivery.

12.5. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But as we will use third party delivery partners, no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

13. Shipping and Delivery Damage:

13.1. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, please immediately contact us so that we may arrange a replacement quickly (if applicable) and minimise your inconvenience.

13.2. If transit damage is not reported within 7 days of receiving your Goods, we will assume that your goods were delivered in the expected condition. 

13.3. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

14. Liability for subsequent defects:

14.1. We offer a 5-year warranty that covers structural, paint, manufacturing defects and shipping damage. 

14.2. Our warranty does not cover:

   14.2.1. install damage;

   14.2.2. incorrect or lack of care or maintenance;

   14.2.3. accidents or events resulting in damage;

   14.2.4. misuse (e.g. moisture damage);

   14.2.5. wear and tear;

   14.2.6. design decisions outside of our recommendations; and 

   14.2.7. the Goods supplied for any reason other than that of an internal window dressing. Other installation methods and uses are at your own risk.

14.3. Please examine the Goods received from us immediately once you receive them. If you do not tell us of any defect or problem within 7 days of receipt of the Goods, we shall assume that you have accepted them.

14.4. Circumstantial defects including (but not limited to) the below list, are all considered reasonably common shutter behaviours and are excluded from any warranty claim:

   14.4.1. Slight colour variations; 

   14.4.2. Gravity related issues such as panels needing a slight lift when closing shut or shutters not holding in place when fully opened against your wall; and

   14.4.3. Needing to push shutter louvers closed manually to eliminate light. 

14.5. We cannot guarantee your windows suitability for shutters, or for the design you have chosen. The Refinery products are custom made to your specifications provided in your order. Therefore, we cannot accept the return of Goods due to your measurements being incorrect, or the incorrect design decisions for your needs. This is not considered a defect.

15. Warranty Claims:

15.1. Our returns policy is only valid for goods supplied with defects or for goods supplied incorrectly. 

15.2. We will consider your warranty claim subject to the following conditions:

   15.2.1. we receive proof of the defects prior to accepting any claim. 

   15.2.2. you comply with our return’s procedure. We cannot assess your claim unless we know who sent it.

   15.2.3. you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

   15.2.4. you have not attempted to repair the defect yourself without our guidance and approval. 

15.3. If any defect is found, then we shall:

   15.3.1. make good any defects in materials or workmanship that occurs within 5 years from the date of the warranty (date of purchase).

   15.3.2. make good means replacement louvres or damaged components will be sent. If the defects cannot be repaired, your shutter will be replaced.

   15.3.3. any claims outside of the 5-year warranty period will be charged at the cost of parts and any labour required. 

15.4. The procedure to submit a claim is as follows:

   15.4.1. you must advise us straight away as soon as any defect is discovered

   15.4.2. before you submit your claim, please carefully re-read the instructions, and check that you have assembled it correctly.

   15.4.3. please contact us for the warranty procedure specific to your situation at [email protected]

   15.4.4. you may be asked to return the Goods to us as soon as any defect is discovered. If this happens, you must return the goods promptly when requested.  

   15.4.5. returning the Goods to us may be at your own expense depending on the situation. 

   15.4.6. You are also protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

16. Trade Customers:

Trade customers may also be bound by further Terms and Conditions specific to their trading arrangements with us. 

16.1. In spite of delivery having been made, title to the Goods shall not pass from us until:

   16.1.1. you have paid the price in full; and

   16.1.2. no other sums whatever shall be due from you to us.

16.2. Until title to the Goods passes to you, you shall hold the Goods on a fiduciary basis as bailee for us.

16.3. You must store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our Goods.

16.4. Despite any of the Goods remaining our property, you may sell or use the Goods in the ordinary course of your business at full market value for your client. 

16.5. If you are recommending our goods to your client or selecting our goods to enhance the service you are providing to your customers, then at no times are you serving as competition to us, or claiming our Goods as your own. You acknowledge to us and to your customers that you are purchasing Goods through us. 

16.6. Any sale or dealing shall be a sale or use of our Goods by you on your own behalf, so that you deal as principal and not as agent for us.

16.7. We shall be entitled to recover the price notwithstanding that property if any of the Goods has not passed from us.

16.8. If we ask you to return Goods unsold you must do so.

16.9. If, when asked, you fail to return the Goods, we may enter to your premises and repossess the Goods.

16.10. You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.

16.11. You must keep the Goods insured to their full value against ‘all-risks’ to our reasonable satisfaction until sold on by you.

16.12. If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Goods, all money owing by you to us shall immediately become due and payable.

16.13. While ever we have title to any of the Goods, which you have attached to or incorporated into new goods, then:

   16.13.1. title to the new goods shall vest in us;

   16.13.2. you shall hold such goods as bailee of and to the order of us until we have received payment in full.

   16.13.3. all our rights in relation to the Goods (including our rights under this agreement) shall extend to such new goods.

17. Foreign taxes and duties

7.1. We only ship to New Zealand addresses currently. 

7.2. If you are ordering from outside of New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

7.3. You are responsible for purchasing Goods which you are lawfully able to and we are not responsible for any arrangement taking place after we deliver to the address specified. 

18. Risk and retention of title

18.1. The Goods shall be at your risk from delivery. 

18.2. We take no responsibility for damage caused by third parties or installers, once goods have been delivered to signed recipient. 

19. Security of Our Website

Our Website is for personal use only. 

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

19.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

19.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

19.3. download any part of Our Website, without our express written consent;

19.4. collect or use any product listings, descriptions, or prices;

19.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

19.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

19.7. share with a third party any login credentials to Our Website;

19.8. Despite the above terms, we now grant a licence to you to:

   19.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional  upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

   19.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

20. Disclaimers

20.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

20.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

20.3. We make no representation or warranty for:

   20.3.1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

   20.3.2. the adequacy or appropriateness of the Goods for your purpose.

20.4. We claim no knowledge of our products suitability for your particular windows. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

20.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

20.6. We make no representation or warranty and accept no responsibility in law for:

   20.6.1. accuracy of any Content or the impression or effect it gives;

   20.6.2. delivery of Content, material or any message;

   20.6.3. privacy of any transmission;

   20.6.4. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

20.7. Our Website may include advertising by third parties. We are not responsible for any such Content. 

20.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

20.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

20.10.This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contract and Commercial Law Act 2017.

20.11. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.

20.12. Nothing in this agreement excludes liability for a party’s fraud.

21. Your account with us

21.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

21.2. You agree to accept responsibility for all activities that occur under your transaction with us. 

22. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

22.1. your failure to comply with the law of any country;

22.2. your breach of this agreement;

22.3. any act, neglect or default by any agent, employee, licensee or customer of yours;

22.4. a contractual claim arising from your use of the Goods;

22.5. a breach of our intellectual property rights.

22.6. any damages, injury or harm caused by the product, from negligence, improper install, or otherwise. 

23. Intellectual Property

23.1. Copyright works owned by you or a third party are unaffected by this agreement.

23.2. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us, including but not limited to; our actual goods, the Content, illustrations, interactive website pricing features, technical information and is not to be replicated, modified, distributed without our approval.  

23.3. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.

24. Miscellaneous matters

24.1. When we communicate with you, we do so generally by email or occasionally by phone. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

24.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

24.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

24.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

24.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

24.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

24.7. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

   if delivered by hand: on the day of delivery;

   if sent by post to the correct address: within 72 hours of posting;

   if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 

24.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

24.9. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise.

24.10. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.

24.11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

24.12. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.