FRESH BY DESIGN LTD TERMS OF SERVICE
By booking and paying for a consultation with Fresh by Design, you agree to the following terms.
1. Booking and payment
All consultation fees are payable in full at the time of booking. A booking is not confirmed until payment has been received and a confirmation has been issued by Fresh by Design. Fresh by Design reserves the right to decline or cancel a booking before confirmation, in which case any amount paid for that unconfirmed booking will be refunded in full.
2. Nature of the service
The consultation is a professional design advisory service based on the information, images, plans, measurements and instructions supplied by the client. Any ideas, recommendations, layouts, sketches, notes, verbal guidance or follow-up comments provided during or after the consultation are preliminary in nature and are not construction drawings, engineering documentation, consent documentation or site-verified plans. The client remains solely responsible for confirming all dimensions, site conditions, product suitability, buildability, code compliance, authority approvals and the engagement of licensed trades or consultants where required.
3. Client responsibility
The client warrants that all information supplied to Fresh by Design, including plans, measurements, photographs, listing links and existing site information, is accurate, current and complete. Fresh by Design is entitled to rely on that information when providing the consultation. If information later proves incomplete, inaccurate or misleading, Fresh by Design accepts no responsibility for any resulting issue, and any further review, amendment or additional advice may be charged at current rates.
4. Rescheduling
A consultation may be rescheduled once, provided written notice is given at least 72 hours before the scheduled appointment time. Rescheduling requests made with less than 72 hours’ notice may be refused and may be treated as a cancellation. Any further requested change, even where more than 72 hours’ notice is given, is at the discretion of Fresh by Design and may incur an additional administration or rebooking fee where reasonably required to cover time lost or preparation already undertaken.
5. Cancellations and refunds
All consultation fees are non-refundable except where Fresh by Design is required to provide a remedy under applicable consumer law. No refund is provided for change of mind, change in circumstances, failure to prepare for the consultation, or a decision not to proceed after booking. If the client cancels, fails to attend, is unavailable at the scheduled time, or otherwise does not proceed with the booked consultation, Fresh by Design may retain all amounts paid to cover the reserved appointment time, administration and preparation costs already incurred, to the extent permitted by law.
6. No-shows and late attendance
If the client does not attend the consultation at the scheduled time, arrives materially late, or is not in a position to proceed, Fresh by Design may treat the booking as a no-show. No-shows are not refunded. Where possible, Fresh by Design may, at its sole discretion, continue the consultation for the balance of the booked time only. Fresh by Design is under no obligation to extend the appointment beyond the original scheduled finish time.
7. Six-month use period and future fees
If the client chooses to proceed with a full design service for the room or rooms discussed within six months of the consultation date, Fresh by Design may credit the consultation fee against the future design fee, provided the new scope is accepted and commenced within that period. If full design services have not been formally engaged within six months, the consultation credit expires. Fresh by Design also reserves the right to re-price any future work based on current rates, revised scope, updated market conditions or additional work required. Where a rebooked consultation does not take place within six months of the original booking date, Fresh by Design reserves the right to require a new booking fee or charge the difference between the original consultation fee and current pricing.
8. Scope limits and reliance
The consultation is limited to the time booked and the matters actually discussed. Fresh by Design does not guarantee that every issue can be resolved within a single session, nor that any particular commercial, aesthetic or functional outcome will be achieved. Any implementation of ideas or recommendations is undertaken entirely at the client’s own risk. Fresh by Design is not responsible for acts, omissions, pricing, availability, delays, workmanship or contractual performance of any third-party supplier, retailer, manufacturer, builder, installer or consultant.
9. Products, finishes and colour selection
Any commentary regarding products, finishes, fittings, materials or colours is advisory only. Screen resolution, photography, samples, lighting conditions, dye lots, manufacturing variation and supplier changes may affect how a product appears or performs in reality. The client is responsible for approving final selections, obtaining physical samples where appropriate, and verifying suitability before purchase or installation. Fresh by Design excludes liability for supplier discontinuations, colour variance, batch variance and third-party substitutions to the extent permitted by law.
10. Limitation of liability
To the maximum extent permitted by law, Fresh by Design excludes liability for any indirect, incidental, special or consequential loss, including loss of profit, loss of opportunity, project delay, increased build cost or third-party expense arising out of or in connection with the consultation. Where liability cannot lawfully be excluded, Fresh by Design’s liability is limited to re-supplying the consultation services or refunding the amount paid for the consultation, at Fresh by Design’s election, to the extent permitted by applicable law.
11. Consumer rights
Nothing in these terms excludes, restricts or modifies any rights or remedies the client may have under applicable consumer protection laws, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 in New Zealand, and the Australian Consumer Law for clients located in Australia, where such rights cannot lawfully be excluded or limited.
12. Governing law
These terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand, except to the extent mandatory rights or forum protections apply under the consumer laws of the client’s home jurisdiction.