Terms of service

Terms & Conditions of Sale | Last updated: 15 October 2026

These terms apply to everything you buy through timbre.nz from Timbre Landscape Architecture + Design Limited (NZBN 9429052642463), trading as Timbre Landscape Architecture + Design ("Timbre", "we", "us"). By placing an order you agree to these terms. Nothing in these terms limits rights you have under New Zealand law that cannot be excluded (see section 12).

1. What we sell

Supplied products: planters made by Modscene and precast concrete pools made by Plungee. We are the seller of these products to you. They are manufactured and dispatched by the manufacturer.
Design and professional services: design packages, siting reports, planting guidance, consent documentation, project coordination, and Coffee and site brainstorm session.
Digital products: Downloadable PDF guides.
Custom Vouchers: Available on request for our Landscape Architecture servives, our Plungee, Modscene Cluster pot packages and Coffee and site brainstorm sessions.

Some packages combine a supplied product with our services. The product page and any written scope we give you set out exactly what is included.

2. Prices and GST

All prices are in New Zealand dollars. The price charged at checkout includes GST. Where a product page shows a figure "+GST", that is the price before GST.
Supplied product prices are based on the manufacturer's current published prices. If a manufacturer changes its price before we accept your order, we will tell you and you can choose to proceed or cancel for a full refund.
Where a price is clearly wrong because of an error, we may cancel the order and refund you in full.
Our design services cover Taranaki. Travel is charged at $1.20 per km (+ GST) for sites more than 20 km from the New Plymouth CBD.

3. Orders and payment

Your order is an offer to buy. A contract is formed when we confirm your order in writing.
Payment is by the methods shown at checkout. We will not order a supplied product from the manufacturer until payment has been received in full, except for pool packages (section 4).
We may decline an order, for example if delivery to your address is not possible. If we do, we will refund you in full.
Ownership of goods passes to you when we have received full payment.

4. Pool and design packages

The below assumes a checkout payment books the package, the pool is only ordered after a site visit and your signed scope.

Site visit first. Every pool package starts with a site visit to confirm access, levels, ground conditions and boundaries. We do not order your pool until you have approved a written scope and fixed price.
If the site is not suitable or you decide not to proceed after the site visit, we will refund what you have paid, less the negotiated in writing site visit and siting report fee if that work has been completed.
What is included. The package price covers the Plungee pool and kit described on the product page, plus our basic landscape design and siting report. Unless your written scope says otherwise, it does not include freight, crane hire, excavation, ground preparation, drainage, plumbing, electrical connection, pool barriers or fencing, surrounds, planting, building consent fees or other council charges.
Freight. Freight from Hawke's Bay is quoted as an estimate. The final cost is confirmed when delivery is booked.
Building consent. A pool and its barrier almost always need building consent, and pool barriers must comply with the Building Act 2004 and Building Code clause F9. Where our scope includes consent documentation, we will prepare and lodge it. Council fees and timeframes are outside our control.
Contractors. Installation and site works are carried out by specialist contractors. Contractors can be engaged directly by the client, or by Timbre on the client's behalf as stipulated in writing in the scope, which will set out who is responsible for each part of the work.
Unforeseen site conditions. If work reveals conditions we could not reasonably identify at the site visit, such as rock, groundwater, unstable ground or unmarked services, we will tell you before proceeding and agree any change in price or scope with you.
Your ongoing obligations. Once installed, the owner is responsible for keeping the pool barrier compliant. Councils inspect residential pool barriers at least every three years.

5. Planter packages

Modscene planters are made to order. Lead times are 3-8 working days and are estimates only based on regular seasonal trade.
Supply only: we arrange manufacture and delivery of the planters.
Supply and plant services: includes the planters plus our plant sourcing and guidance as described on the product page. Plants are quoted separately based on species, grade and availability unless the product page says they are included. Planted packages include watering and feeding notes for the first twelve months.
Colours on screen may differ from the finished product. We recommend ordering a Modscene colour sample before you commit.
Planting and placement services are available in Taranaki. Elsewhere these are quoted separately, including travel.

6. Delivery

Planters are delivered free to urban addresses in mainland New Zealand. Rural, remote, offshore island or urgent deliveries may cost extra. We will tell you before we accept your order.
Deliveries are to ground level and an easily accessible point. Lifting, carrying or placing on site is not included unless agreed.
Someone may need to be present to sign for delivery.
Check your delivery. Please inspect goods when they arrive and note any visible damage on the delivery paperwork. If you find damage after delivery, tell us within 48 hours with photos of the product, packaging and freight label, and keep the packaging. This lets us claim against the carrier. It does not limit your rights under section 12.
Risk in the goods passes to you on delivery.

7. Design and professional services

We will provide our services with reasonable care and skill, within the scope described on the product page or in our written scope.
Our work relies on information you give us and on available records. It is not a survey, geotechnical, structural or engineering assessment. Where these are needed, we will tell you so you can engage the right specialist.
Coffee and site brainstorm session include up to 2 hours on site and a report of up to 3 pages. You can reschedule with at least 48 hours'notice.
Additional work outside the agreed scope is charged at our hourly rate, agreed with you before we start.
Design copyright. We own the copyright in our drawings, reports and designs. Once you have paid in full, you may use them to build and maintain the project at the site they were prepared for. They may not be used for another site or reproduced for other purposes without our permission.
Plant performance depends on watering, maintenance and conditions after handover. We do not guarantee plant survival after handover unless agreed in writing.

8. Digital guides

When you buy a guide, you receive a personal, non-transferable licence to download and use it for your own property. You may not share, resell, upload or reproduce it.
Guides give general guidance for Taranaki conditions. They are not advice for a specific site.
Because digital products can be accessed immediately, we do not offer refunds for change of mind once the download link has been sent. If a file is faulty or will not open, contact us and we will fix or replace it.

9. Vouchers

Vouchers can be redeemed for the service shown on the voucher and cannot be exchanged for cash.
Vouchers expiry date is shown on each custom voucher.
Travel charges in section 2 apply to the voucher holder's site.

10. Cancellations and change of mind

Before we place a manufacturer order or start work: you can cancel for a full refund.
Made-to-order products: once we have placed your order with Modscene or Plungee, production starts. We cannot accept cancellations, returns or exchanges for change of mind, incorrect selection or sizing after that point.
Services: if you cancel after work has started, we will charge for work completed and any costs we have committed to, and refund the balance.
This section does not affect your rights if something is faulty or not as described (section 12).

11. Manufacturer warranties

Modscene planters come with Modscene's limited warranty, and Plungee, pools come with Plungee's warranty, as published by each manufacturer. These are in addition to your rights under section 12.
If you have a warranty issue, contact us first. We will help you make the claim and deal with the manufacturer.
Manufacturer warranties generally do not cover fading, weathering, normal wear, accidental damage, unsuitable plant selection, aggressive root growth, blocked drainage, incorrect installation or misuse.

12. Your rights under New Zealand law

If you are buying as a consumer, you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that cannot be excluded. For example, goods must be of acceptable quality and match their description, and services must be carried out with reasonable care and skill. As the seller, we are responsible to you for these guarantees, including for products made by Modscene or Plungee. Nothing in these terms limits those rights.

Business purchases: if you are buying goods or services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the extent permitted by law, and that it is fair and reasonable for you to be bound by this.

13. Limits on our liability

To the extent permitted by law, we are not liable for indirect or consequential loss, including loss of income or damage to plants, contents or surrounding property, unless it was caused by our failure to meet our legal obligations. For business purchases, our total liability is limited to the price paid for the product or service concerned. Nothing in this section limits rights described in section 12.

14. Your responsibilities

Give us accurate information about your site, including boundaries, access and any known underground services.
Provide safe access to the site for us, delivery drivers and contractors.
Use and maintain products for their intended purpose and follow the care instructions supplied.

15. Privacy

We handle your personal information in line with our Privacy Policy.

16. Disputes and governing law

If something goes wrong, please contact us first at hello@timbre.nz and we will try to resolve it promptly. These terms are governed by New Zealand law and the New Zealand courts and Disputes Tribunal have jurisdiction.

17. Changes to these terms. We update these terms from time to time. The terms in force when you place your order apply to that order.

Terms of service

@timbre_nz