Terms and Conditions

1. About these terms

This website is owned and operated by ONZKO Limited (NZBN 9429053723680), referred to in these terms as ONZKO, we, us or our.

By using this website, creating an account, requesting a quote, accepting a quote, placing an order or otherwise asking us to supply products or services, you agree to the parts of these terms that apply to that activity.

These terms operate together with any quote, scope of work, order confirmation, invoice, product listing, project programme, variation, trade-account agreement, delivery information or other terms that we give you for a particular transaction (Specific Terms). If there is an inconsistency, the Specific Terms take priority for that transaction, followed by these terms.

For substantial, complex or higher-risk work, ONZKO may require a separate signed contract. These website terms are not intended to replace any written contract, disclosure statement, checklist, warranty or other document required by law.

2. Definitions

In these terms:

• Consumer has the meaning given under applicable New Zealand consumer law.
• Customer or you means the person or entity using the website, placing an order, accepting a quote or receiving products or services from ONZKO.
• Products includes goods, plants, soils, aggregates, mulches, composts, fertilisers, landscape materials, outdoor products and other items offered by ONZKO.
• Services includes consultation, design, landscape construction, installation, garden care, maintenance, project coordination, delivery and related services.
• Site means the property or location where products are delivered or services are performed.
• Website means onzko.com and any ONZKO-operated online shop or subdomain linked to these terms.
• working day means a day other than a Saturday, Sunday or public holiday in Auckland, New Zealand.

3. Website use

3.1 Information and availability

We aim to keep website information accurate and current. Product images, descriptions, availability, indicative pricing, project examples, calculators, coverage rates and other content are general information only unless confirmed in Specific Terms. They may change without notice.

Website content is not site-specific engineering, architectural, horticultural, drainage, geotechnical, regulatory, safety or other professional advice. You should obtain appropriate advice where your decision depends on site conditions, legal compliance or technical suitability.

3.2 Acceptable use

You must not use the website unlawfully; interfere with its operation or security; introduce malicious code; scrape or copy content at scale; attempt unauthorised access; impersonate another person; submit false information; or use our content or systems to infringe another person's rights.

3.3 Accounts

You are responsible for information submitted through your account and for keeping login details confidential. Tell us promptly if you suspect unauthorised use. We may suspend or close an account where reasonably necessary for security, suspected fraud, non-payment or a material breach of these terms.

3.4 External links

Links to third-party sites are provided for convenience. Unless we expressly say otherwise, ONZKO does not control or endorse those sites and is not responsible for their content, security, availability or separate terms.

4. Quotes, estimates and orders

4.1 Quotes and estimates

A written quote is open for the period stated in it and may be withdrawn before acceptance. If no period is stated, it is open for 30 days, subject to product availability and supplier pricing. An estimate is an informed approximation, not a fixed price.

Unless stated otherwise, a quote is based on the information and access available when prepared. It excludes work, materials or conditions not reasonably identifiable at that time.

4.2 Online product orders

Submitting an online order is an offer to buy. An automated acknowledgement confirms receipt only. A binding order is formed when we issue an acceptance or dispatch confirmation, or make the product available for collection. We may decline or cancel an order before acceptance where a product is unavailable, information or pricing contains a genuine error, payment is not authorised, delivery is not reasonably available, or fraud or unlawful activity is suspected. If we cancel after taking payment, we will refund the affected amount.

4.3 Service contracts

A contract for Services is formed when you accept our quote in the required manner and pay any required deposit, or when we otherwise confirm acceptance in writing. The accepted quote and its attachments form part of that contract.

4.4 Authority and accurate information

You confirm that you have authority to place the order or approve work at the Site. You must provide complete and accurate information, including dimensions, quantities, plans, access constraints and intended use. We may rely on that information when pricing and planning the work.

5. Prices, GST and payment

5.1 Prices

Prices are in New Zealand dollars. Consumer-facing prices include GST unless clearly stated otherwise. Trade or project prices may be shown exclusive of GST where this is clearly identified. Delivery, unloading, installation, permits, testing, disposal and other charges are included only if stated.

5.2 Payment

You must pay using an accepted payment method and by the date stated in the relevant order, quote or invoice. We may require a deposit, progress payments, payment before dispatch, or cleared funds before collection or commencement. Deposits are applied to the contract price and are not automatically non-refundable; any deduction on cancellation must be permitted by law and reflect the applicable contract terms and ONZKO's reasonable loss.

5.3 Payment security

Card and online payments may be processed by third-party payment providers under their own terms. ONZKO does not receive or store complete card details where payment is handled through a compliant hosted gateway.

5.4 Overdue amounts

If an undisputed amount is overdue, we may pause further supply after giving reasonable notice. For a Consumer, any recovery charges will be limited to reasonable costs lawfully recoverable. Additional trade-customer provisions appear in section 13. Rights and obligations under the Construction Contracts Act 2002 apply where relevant.

6. Products and natural materials

6.1 Images and natural variation

Website images are illustrative. Natural and manufactured landscape products may vary between batches in colour, grain, shade, texture, moisture, particle size, dimensions, markings and weathering. Plants may vary by season and maturity. These normal variations are not defects, but this does not excuse a product that fails an applicable legal guarantee or an expressly agreed specification.

6.2 Measurements, coverage and quantities

Coverage rates, volumes, weights and quantities may be estimates affected by compaction, moisture, waste, cutting, settlement, Site conditions and installation method. Unless ONZKO has expressly accepted responsibility for a measured take-off, you are responsible for confirming the quantity required. Reasonable production, weight and dimensional tolerances may apply where disclosed in the product information or Specific Terms.

6.3 Suitability and instructions

Tell us before purchase if you require a product for a particular purpose. You must follow product labels, safety data sheets, installation instructions, storage requirements, application rates and maintenance guidance. Some products may require protective equipment, licensed application or professional installation.

6.4 Availability and substitution

Products are subject to availability. We will not substitute a materially different product without your approval. If an accepted order cannot be supplied, we will offer an appropriate alternative, delay by agreement, or refund the affected product.

7. Delivery and collection

7.1 Delivery timing

Delivery dates are estimates unless we expressly agree a fixed date. We will keep you reasonably informed of material delays. Any consumer rights relating to delivery time, loss or damage remain unaffected.

7.2 Access and unloading

You must provide accurate delivery instructions and safe, lawful and suitable access for the delivery vehicle and unloading method. Unless agreed otherwise, bulk and heavy products are delivered to a safe point near the property entrance or kerb. The driver may refuse to enter or unload at a location that could endanger people, property, vehicles or services, or where access is inadequate.

If you ask a driver to enter beyond the kerb or formed access, you must identify weak surfaces, slopes, overhead restrictions, underground services, septic systems, drainage, soft ground and other hazards. ONZKO is responsible for loss caused by its failure to exercise reasonable care; you are responsible for loss resulting from inaccurate information, concealed hazards or an unsafe instruction, to the extent permitted by law.

7.3 Failed delivery

If delivery cannot be completed because no authorised person is present where required, access is unsafe or unsuitable, or information supplied by you is incorrect, we may return or store the products and charge the reasonable additional cost of redelivery or storage.

7.4 Inspection

Check the delivery as soon as reasonably practicable. Report shortages, visible damage or an incorrect product promptly, preferably with photographs and the order number. A delay in reporting does not remove any right you have under law, but prompt notice helps us investigate and remedy the issue.

7.5 Collection

For collection orders, bring the order confirmation and suitable transport and restraints. We may refuse loading where the vehicle or loading method appears unsafe or unlawful.

8. Returns, faulty products and refunds

8.1 Consumer remedies

If you are a Consumer and a Product or Service does not meet a guarantee under the Consumer Guarantees Act 1993, you may be entitled to a repair, replacement, refund, repeat performance, cancellation or compensation depending on the nature and seriousness of the failure. Contact us with your order or invoice details and reasonable evidence of the issue.

8.2 Change of mind

ONZKO is not required to provide a refund for change of mind. We may agree to accept a standard stocked Product if it is unused, undamaged, complete, in saleable condition and returned within the period stated in any published Returns and Refunds Policy. Approved change-of-mind returns may be subject to reasonable collection, return-freight or restocking costs disclosed before the return is accepted.

8.3 Products generally not eligible for change-of-mind return

Unless faulty, incorrectly supplied, or otherwise required by law, the following are generally not returnable: custom-made or cut-to-size products; special orders; clearance items identified as final sale; opened chemicals or fertilisers; bulk loose materials; plants or other perishable goods; and products damaged through incorrect handling, storage, installation, use or maintenance.

8.4 Do not return without instructions

Contact ONZKO before returning bulky, hazardous, perishable or freighted products. We will provide reasonable return or inspection instructions. Nothing in this section limits mandatory consumer rights.

9. Landscaping, construction and maintenance services

9.1 Scope

We will perform the Services described in the accepted quote or other Specific Terms. Anything not expressly included is excluded. Examples, concept images and preliminary discussions do not expand the agreed scope unless incorporated into the contract.

9.2 Customer responsibilities

You must, as applicable:

• provide safe and timely access to the Site, working space, parking, water and electricity;
• remove or secure vehicles, furniture, valuables, pets and other obstructions;
• identify known hazards and disclose relevant reports, plans, covenants, easements and restrictions;
• accurately identify private underground and overhead services not shown by public utility records, including irrigation, drainage, electrical, data, gas, septic and water lines;
• obtain owner, body corporate, neighbour or other private approvals unless our scope expressly includes them;
• make selections and decisions by the required dates; and
• not direct our workers or subcontractors to change the work outside the agreed variation process.

9.3 Consents and compliance

The quote will state who is responsible for identifying and obtaining building consents, resource consents, engineering approvals, service-location information and other permissions. Unless expressly included, these are the Customer's responsibility. ONZKO will not knowingly perform unlawful work and may suspend work if required approval is missing.

9.4 Unforeseen conditions

Rock, buried structures, unsuitable fill, contaminated material, asbestos, unstable ground, concealed services, unexpected groundwater, poor drainage, undocumented structures, archaeological material and other latent or unforeseen Site conditions may require a variation, specialist advice or suspension. We will notify you reasonably promptly after identifying a material issue.

9.5 Subcontractors and suppliers

ONZKO may use appropriately selected subcontractors and suppliers and remains responsible for its contractual obligations. Specialist work may be subject to licensing, consent and availability requirements.

9.6 Health and safety

You must follow reasonable Site safety directions and keep children, pets and unauthorised persons away from work areas, plant, materials and excavations. We may stop work where conditions present a material health, safety, environmental or property risk.

9.7 Residential building work

Where the Services are residential building work, the Building Act 2004 and related regulations may impose additional requirements and implied warranties. For work priced at NZ$30,000 or more including GST, ONZKO will use a separate written building contract and provide the prescribed consumer-protection checklist and disclosure statement where required. These terms do not exclude or replace those obligations.

10. Variations

A change to the scope, quantity, quality, sequence, access, timing or method of work is a variation. Where practicable, a variation must be recorded in writing and approved before the changed work starts, including its price or pricing basis and any programme effect.

ONZKO may propose a variation where you request a change; information supplied is incomplete or inaccurate; a consent authority, utility provider or other authorised body requires a change; an unforeseen Site condition arises; specified materials are unavailable; or additional work is reasonably necessary to complete the agreed work safely and lawfully.

If immediate work is reasonably necessary to protect health, safety, property or completed work and it is not practicable to obtain prior approval, ONZKO may take reasonable protective action and will notify you as soon as practicable. Any charge must be reasonable and legally recoverable.

11. Programme, delays and events outside reasonable control

Landscape work is affected by weather, soil moisture, Site access, approvals, product lead times, utilities, subcontractor availability and other dependencies. A programme or completion date is an estimate unless expressly agreed as fixed.

Neither party is liable for delay or failure caused by an event outside its reasonable control, such as severe weather, natural disaster, epidemic, fire, civil emergency, transport disruption, utility failure, government action, industrial action or supply interruption, provided the affected party gives reasonable notice and takes reasonable steps to reduce the effect.

The time for performance will be extended to the extent reasonably affected. If the event continues for an extended period and materially prevents performance, either party may end the unperformed part of the contract by written notice, subject to payment for Products supplied, Services performed and reasonable unavoidable commitments made before termination. Mandatory consumer remedies are unaffected.

12. Completion, defects and maintenance

12.1 Completion and handover

Services are complete when the agreed work is substantially complete and fit for its intended use, apart from minor items that do not prevent reasonable use. We may provide a completion record, care instructions, product warranties and a list of minor outstanding items.

12.2 Reporting defects

Tell us promptly in writing about any alleged defect and give us a reasonable opportunity to inspect and, where ONZKO is responsible, remedy it. For residential building work, statutory defect-remedy and implied-warranty obligations apply in addition to these terms.

12.3 Living landscapes and maintenance

Plants, turf and soils are living systems affected by watering, weather, pests, animals, soil conditions and ongoing care. After handover, you must follow the supplied watering, mowing, establishment and maintenance instructions. Unless a Specific Term says otherwise, ONZKO is not responsible for deterioration caused by inadequate or excessive watering, lack of maintenance, pest or animal damage, extreme weather, third-party work or other causes outside ONZKO's control. This does not limit liability for defective Products, poor workmanship or a failure to meet a mandatory legal guarantee.

12.4 Manufacturer and supplier warranties

Where a third-party warranty applies, we will provide available details and reasonable assistance with a valid claim. Such a warranty is additional to, and does not replace, applicable statutory rights.

13. Additional terms for trade customers

This section applies only where you acquire Products or Services in trade and for business purposes.

13.1 Contracting out where lawful

Where both parties are in trade, the supply is for business purposes, the agreement is in writing, and it is fair and reasonable to do so, the parties agree that the Consumer Guarantees Act 1993 does not apply. On the same basis, the parties agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986. This clause does not apply to a Consumer transaction or where contracting out would be unlawful.

13.2 Credit and overdue accounts

Approved credit is subject to ONZKO's trade-account terms and credit limit. ONZKO may review, reduce or withdraw credit on reasonable grounds. To the extent permitted by law and stated in the relevant Specific Terms, overdue amounts may attract default interest and the Customer must reimburse reasonable third-party collection costs actually incurred.

13.3 Risk, title and security interest

Risk in Products passes to the trade Customer on delivery to the agreed location or collection. Legal title does not pass until ONZKO has received all amounts owing for those Products in cleared funds.

To secure payment and performance, the trade Customer grants ONZKO a security interest in Products supplied and their identifiable proceeds for the purposes of the Personal Property Securities Act 1999. The Customer must reasonably assist ONZKO to register and maintain that interest. Any waiver of notices or rights under that Act applies only to the extent permitted by law and expressly stated in a signed trade-account agreement.

13.4 Trade liability

Subject to section 15 and to the extent permitted by law, ONZKO is not liable to a trade Customer for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or business interruption. ONZKO's aggregate liability arising from a particular supply is limited to the amount paid or payable for that supply, except where the loss results from fraud, wilful misconduct or any liability that cannot lawfully be limited.

14. Intellectual property

ONZKO or its licensors own the website content, branding, graphics, photographs, text, layouts, concepts, design documents and other intellectual property unless stated otherwise. You may view and print website material for your personal or internal business evaluation, but must not commercially reproduce, modify, distribute, sell or use it to create competing material without written permission.

Unless Specific Terms say otherwise, ONZKO retains intellectual property in concepts, drawings, specifications and designs it creates. After full payment, you receive a non-exclusive licence to use the final paid deliverables solely for the Site and purpose for which they were prepared. You must not reuse them at another site or provide them to another contractor for construction without our written agreement. Pre-existing materials and third-party rights remain with their owners.

We will not publish identifiable photographs or video of a private Site for marketing without the owner's or authorised Customer's consent. Any consent request will be separate and may be withdrawn for future use, subject to material already lawfully published or committed.

15. Liability and indemnity

15.1 Mandatory rights preserved

Nothing in these terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of a mandatory statutory obligation, or any other liability that cannot lawfully be excluded or limited.

15.2 Consumer transactions

If you are a Consumer, ONZKO's liability is determined by applicable law. Any limitation in these terms applies only to the extent it can lawfully apply and does not restrict a remedy available under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

15.3 Customer-caused loss

To the extent permitted by law, you are responsible for reasonable loss, damage or cost caused by your material breach of the contract, unlawful instruction, negligence, inaccurate information, undisclosed hazard or infringement of another person's rights. You are not responsible to the extent ONZKO or another person caused or contributed to the loss.

16. Privacy and electronic communications

We collect, use, store and disclose personal information in accordance with our Privacy Policy and the Privacy Act 2020. The Privacy Policy explains the information we collect, why we collect it, who we may share it with, overseas disclosures, security, retention, and how you can request access or correction.

We may send service messages that are necessary to administer an enquiry, quote, project, account or order. We will send marketing electronic messages only where we have the required consent or another lawful basis, will identify the sender, and will provide a functional unsubscribe method.

17. Complaints and dispute resolution

If something goes wrong, contact us promptly with the relevant quote, order or invoice number, a clear description of the issue, and supporting photographs or documents where appropriate. We will acknowledge the complaint and work with you in good faith toward a practical resolution.

If the matter is not resolved through direct discussion, either party may propose mediation or another agreed dispute-resolution process before starting court proceedings. This does not prevent either party from seeking urgent relief, using adjudication or payment procedures under the Construction Contracts Act 2002, making a claim in the Disputes Tribunal, or exercising any statutory consumer right or remedy.

18. General terms

18.1 Changes to these terms

We may update these terms by publishing a revised version and effective date. The version applying to an accepted order or contract is normally the version in effect when that transaction was formed, unless the parties agree otherwise or a change is required by law.

18.2 Notices

Notices relating to a transaction may be sent to the email, postal address or account details most recently provided by the recipient. You must keep your contact information current.

18.3 Assignment

You may not transfer a contract without our prior written consent, which will not be unreasonably withheld. ONZKO may transfer a contract as part of a genuine business sale or restructure if this does not reduce a Consumer's rights or materially prejudice the Customer.

18.4 Severability and waiver

If part of these terms is unlawful or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining terms. A failure or delay in enforcing a right is not a waiver of that right.

18.5 Entire agreement

These terms and the applicable Specific Terms record the agreement about the relevant supply, except for representations or rights that cannot lawfully be excluded. A change to an accepted contract must be agreed in writing or otherwise made under its variation procedure.

18.6 Governing law

New Zealand law governs these terms and the New Zealand courts have non-exclusive jurisdiction. If you are a Consumer, this does not deprive you of any mandatory protection available under applicable law.