Terms and Conditions

Last updated: September 11, 2023

By viewing and using the Bay Landscapes & Garden Centre website you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.



1 Privacy policy and personal information

Use of the services on our website requires you to provide personal information. We maintain a privacy policy at our Privacy Policy page. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: info@baylandscapes.co.nz


2 Users outside New Zealand

Our website is operated by Expert Online from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.


3 Copyright and Trademarks

We or our suppliers own copyright in the contents of our website. No part of our website may be distributed or copied for any commercial purpose, and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our website.


4 Linking

The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.


5 Advertising

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.


6 Communication tools

If you use any communication tools available through our website (such as any forum, chat room or message centre), you agree only to use those communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our website, you represent that you own the content of the communication.


We are under no obligation to ensure that the communications on our website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: info@baylandscapes.co.nz


7 Exclusion of liability

To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our website and any services we provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).


If you are a consumer using our website for non-business activities then nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).


8 Indemnity

You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.


9 Information and material

The content on this site is provided for general information only. You should obtain professional or specialist advice before taking or refraining from any action on the basis of any information on this site.


10 Entire agreement

These terms and conditions in conjunction with our privacy policy and any terms and conditions of supply form the entire agreement between us and you relating to our website and your use of the services.


11 General provisions

Our website is operated by Expert Online from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction. If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.


Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.


These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.



Terms and Conditions of Supply


1. Application of these Terms

1.1 These Terms apply to the supply of all goods to the Customer (except to the extent they are inconsistent with the terms of any written supply agreement for the provision of specific goods to the Customer which is signed by Bay Landscapes). In the event of such inconsistency, the terms of the specific supply agreement will prevail.

1.2 Other than any written supply agreement (as specified in clause 1.1), these Terms supersede and replace any previous or existing negotiations, letters, offers, representations (either verbal or in writing) between Bay Landscapes and the Customer in relation to the supply of goods.

1.3 No variation, modification or substitution of these Terms (even if included in, or referred to in, the document placing the order) shall be binding on Bay Landscapes, unless specifically accepted by Bay Landscapes in writing.

1.4 Bay Landscapes may unilaterally change any of these Terms and will post amended Terms on its website, from time to time.


2. Price

2.1 The prices payable for the goods are as notified by Bay Landscapes to the Customer from time to time.

2.2 In addition to the price for the goods, the Customer is liable to pay any applicable taxes and levies, as well as any applicable delivery and freight charges. All prices are inclusive of Goods and Services Tax unless stated to the contrary.

2.3 Unless otherwise agreed to in writing by Bay Landscapes, Bay Landscapes reserves the right to vary the price stated for any goods to reflect any increase in the cost of supply to Bay Landscapes, including any increase in wages, salaries, cost of materials, services or exchange rate fluctuations between the date of the order and the date of delivery. Prices may be altered at any time by Bay Landscapes without notice.

2.4 If there is an error in pricing online, in a product description, name or product image, Bay Landscapes reserves the right to contact the Customer and make the appropriate changes to the order. Bay Landscapes is under no obligation to provide the products to the Customer at a lower price where there is an obvious pricing error. If an alternative option is not agreed upon with the Customer, the order will be cancelled and the amount paid refunded.


3. Delivery

3.1 Delivery of goods shall be deemed to occur when the goods are delivered to the Customer, the Customers premises or a location specified by the Customer, or when the Customer or its employees or agents take possession of the goods.

3.2 Bay Landscapes will make reasonable efforts to ensure delivery of goods is in accordance with any delivery timeframes agreed in writing but will not be liable for any loss or damage including consequential loss arising from any delay in delivery.

3.3 Delay due to circumstances not reasonably within the control of Bay Landscapes shall not entitle the Customer to cancel any order or refuse to accept delivery.

3.4 No claim for loss, damage or destruction of the goods in transit, or short delivery, will be considered by Bay Landscapes unless the Customer notifies Bay Landscapes in writing immediately upon delivery. The Customer must also provide a detailed claim in writing within fourteen business days of delivery.

3.5 Delivery of bulk landscaping products shall be at the sole risk of the Customer and Bay Landscapes shall not be liable for any damage caused to the Customer’s property.


4. Payment

4.1 All payments by the Customer to Bay Landscapes will be made without deduction or set-off, counter-claims or any other cause whatsoever.

4.2 Payment must be made in cash prior to delivery, unless otherwise agreed in writing by Bay Landscapes.

4.3 Where Bay Landscapes has agreed to extend credit to a Customer, payment of all invoices is due by the 20th of the month following the date of invoice unless a different payment deadline is agreed in writing by Bay Landscapes.

4.4 The acceptance by Bay Landscapes of any type of bank transfer shall not constitute payment until the payment has been fully cleared through the banking system into Bay Landscapes’ bank account.

4.5 If a dispute arises in relation to an invoice, and such dispute is not resolved prior to the due date for payment, the Customer shall make payment in full (as per the invoice) but any amount subsequently agreed or determined to have been overpaid will be refunded without delay by Bay Landscapes.

4.6 Bay Landscapes may terminate the Customer’s ability to purchase goods on credit terms, or suspend or terminate any account held by the Customer, without notice for any reason.

4.7 Interest may be charged by Bay Landscapes on any amounts owing after the due date at the rate of 8% per month or part month.

4.8 In the event that an account is not paid by the due date, the Customer shall be liable to pay to Bay

Landscapes in full any expenses (including debt collection costs), disbursements, legal costs and interest incurred by Bay Landscapes in obtaining payment of any overdue amounts.

4.9 To the extent permitted by law, all money received by Bay Landscapes from the Customer will be applied in the manner and order determined by Bay Landscapes in its sole discretion.


5. Personal Property Securities Act 1999

5.1 The Customer grants to Bay Landscapes a security interest in the goods and their proceeds and accessions, to firstly secure payment of the purchase price of the goods, and secondly to secure payment of all outstanding debts and obligations of the Customer to Bay Landscapes from time to time.

5.2 The Customer agrees to do such acts and provide such information as in the opinion of Bay Landscapes (acting in its absolute discretion) may be necessary or desirable to enable Bay Landscapes to perfect under the PPSA the security interest (as defined in the PPSA) created in respect of the goods as a first-priority interest (including, if applicable, a purchase money security interest) or with such other priority as Bay Landscapes may agree to in writing.

5.3 The Customer must pay the costs, charges and expenses of and incidental to the need for, or desirability of registration of, a financing statement or financing change statement or any action taken by Bay Landscapes to comply with the PPSA (including complying with a demand given under section 162 of the PPSA) or to protect its position under the PPSA. The Customer must pay any costs incurred by Bay Landscapes, including legal costs on a solicitor-own client basis, arising from any disputes or negotiations with third parties claiming an interest in any goods supplied to the Customer.

5.4 While the goods continue to secure the Customers indebtedness and obligations to Bay Landscapes, the Customer must store the goods separately and clearly identify the goods as being subject to Bay Landscapes ’s security interest.

5.5 The Customer must not create or allow or permit the creation of a security interest (as defined in the PPSA) in any of the goods in favour of any person other than Bay Landscapes without first obtaining Bay Landscapes’ written consent nor may the Customer allow or permit the creation of a lien over any of the goods.

5.6 The Customer agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this contract. The Customer waives its rights pursuant to sections 116, 120(2), 121, 125, 129 and 131 of the PPSA and its rights to receive any verification statement relating to the security interests in the goods.

5.7 Where Bay Landscapes has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply and will not be limited by section 109 of the PPSA.

5.8 The Customer will not change its name without first notifying Bay Landscapes in writing of the proposed name change and the new name at least 7 days before the change takes effect.


6. Products

6.1 Colour and Style: Product pictures displayed on product pages/listings are for illustrative purposes only. While we take considerable efforts to ensure the images reflect the products as accurately as digital media allows, your monitors, screens and mobile devices can give different colour representations. As such, we do not guarantee an exact match of on-screen appearance to the actual product.

6.2 Descriptions: Product are sold subject to its description. We take all reasonable care to ensure that all details and descriptions of Products are correct at the time when the relevant information was entered on to the Website system. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position at the exact moment you place an order. The dimensions given are written for your guidance.

6.3 All Products shown on our Website are subject to availability. If a Product you have ordered is temporarily unavailable or discontinued by the manufacturer, we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund).


7. Ownership and Risk

7.1 The risk in any goods supplied by Bay Landscapes to the Customer shall pass on delivery.

7.2 Ownership of the goods remains with Bay Landscapes until payment is received in full for them and for all other goods supplied by Bay Landscapes to the Customer. The Customer shall be deemed to be a bailee of Bay Landscapes and acting in a fiduciary capacity in respect of any goods supplied by Bay Landscapes.

7.3 Until payment in full has been made to Bay Landscapes, the Customer acknowledges and agrees that:

a. The Customer gives Bay Landscapes irrevocable authority to enter any premises occupied by the Customer, at any reasonable time, to remove any goods not paid for in full by the Customer and to resell the goods removed and apply the proceeds to any overdue amounts subject to any contrary provision in the PPSA. Bay Landscapes shall not be liable for any costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action.

b. If the Customer manufactures, intermingles or deals with the goods in such a way that they become an integral part of any other object then the Customer shall be deemed to do so as an agent of Bay

Landscapes and ownership of the goods will remain with Bay Landscapes as principal.

c. If the Customer sells the goods to a third party it shall become accountable to Bay Landscapes for the proceeds derived from such sale and the Customer shall hold such proceeds on trust for Bay Landscapes.


8. Warranty and Returns

8.1 Where the New Zealand Consumer Guarantees Act 1993 applies to the supply of goods under these terms, the Customer may have additional rights under that Act.

8.2 Where goods are subject to manufacturers warranties, where possible, Bay Landscapes shall pass on to the Customer the benefit of any warranty given by its suppliers or a third party such as the manufacturer without itself being directly liable to the Customer under any warranty.

8.3 Bay Landscapes will only provide warranty services in respect of goods that were supplied by Bay Landscapes.

8.4 The Customer acknowledges and agrees that returns shall only be accepted by Bay Landscapes in accordance with Bay Landscapes’ returns policy as notified to the Customer from time to time on the Bay Landscapes website or otherwise in writing, and that the Customer may receive a credit for goods returned only if Bay Landscapes has consented in writing. However, nothing in these terms or in the returns policy will limit or affect any rights that a non-business consumer may have under the Consumer Guarantees Act 1993.

8.5 Damage caused by misuse or abuse, neglect, accidental damage, improper voltage, liquid spillage, electrical damage due to power fluctuations such as surges or spikes, incompatible consumables or software, are not covered under warranty. Consumables or incorrect operation of any product according to the manufacturer’s recommendations, are not covered under the warranty.

8.6 Where the goods the Customer acquires from us are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where the Customer acquires the goods for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by common law will not apply and are excluded from these terms.


9. Return of Goods

9.1 No goods will be accepted for return without obtaining prior written approval from Bay Landscapes. Freight, handling and insurance charges will be at the Customer’s expense.

9.2 Goods approved for return must be accompanied with a copy of the relevant invoice or receipt and must be returned within 14 days of delivery. Goods returned that do not meet these conditions will be rejected and will not be shipped back to the Customer except at their expense (a handling fee may also apply).

9.3 Goods returned must be in new condition and in the manufacturer’s original undamaged container with all relevant materials. Bay Landscapes reserves the right to reject goods not conforming to this condition or goods that are not in a saleable condition.

9.4 If the goods were correctly supplied, Bay Landscapes may, but is not obliged to, accept the return of the goods.


10. Liability

10.1 Except as otherwise provided by statute, Bay Landscapes shall not be liable for any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from goods, services (including delivery of goods) or advice provided by Bay Landscapes to the Customer and without limiting the generality of the foregoing of this clause Bay Landscapes shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss.

10.2 Should Bay Landscapes be found liable to the Customer for any reason notwithstanding clause 10.1, the Customer agrees that in no case shall the liability of Bay Landscapes exceed the purchase price of the goods giving rise to the liability.

10.3 The Customer shall indemnify Bay Landscapes against all claims of any kind whatsoever, however caused or arising, and without limiting the generality of the foregoing of this clause, whether caused or arising as a result of the negligence of Bay Landscapes or otherwise, brought by any person in connection with any matter, act, omission, or error of Bay Landscapes, its agents or employees in connection with the provision of the goods and/or services.



11. Force Majeure

11.1 Bay Landscapes is not liable for any failure to supply or other default resulting from any event beyond Bay Landscapes’ reasonable control.


12. Privacy Act 2020

12.1 The Customer authorises Bay Landscapes to make credit inquiries of any credit agency or person, company or firm with whom the Customer had or may have dealings with concerning the Customers credit worthiness, credit history or credit capacity.

12.2 The Customer authorises any person or company to give information to Bay Landscapes as may be required in response to credit inquiries.


13. Miscellaneous

13.1 If any provision or part of a provision of these Terms shall be invalid, void, illegal or unenforceable that provision or part provision shall be deemed deleted and the rest of these Terms remain in full force and effect.

13.2 These Terms shall be governed and construed in accordance with the laws of New Zealand and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts.

13.3 The Customer may not transfer or assign all or any of its rights or obligations under these Terms without the prior written consent of Bay Landscapes.

13.4 Failure or delay by Bay Landscapes to enforce any of these Terms shall not be deemed a waiver of any of the rights or obligations Bay Landscapes has under these Terms.

13.5 All communications to Bay Landscapes regarding the supply of goods and/or services should be directed to Bay Landscapes Nelson (2005) Limited.



14. Definitions

14.1 “Customer” means the purchaser of goods and/or services from Bay Landscapes.

14.2 “Bay Landscapes” means Bay Landscapes Nelson (2005) Limited.

14.3 “PPSA” means Personal Property Securities Act 1999.

14.4 “Terms” means these Terms and Conditions of Supply (as amended from time to time).


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