Terms of service

Tonika NZ Limited - FishBru Terms and Conditions

These Terms and Conditions apply to purchases made through the FishBru online store.

·      FishBru is a brand of Tonika NZ Limited, based in Pataua North, Whangārei, New Zealand.

·      By placing an order through our website, you agree to these Terms and Conditions.

 

1. About us

Legal entity: Tonika NZ Limited
Trading name: FishBru
Location: Pataua North, Whangārei, New Zealand
Email: grow@fishbru.co.nz

·      In these Terms and Conditions, "FishBru", "we", "us" and "our" means Tonika NZ Limited.

"Customer", "you" and "your" means the person purchasing products from us.

 

2. Our products

·      FishBru products are fish hydrolysate products manufactured in New Zealand.

·      Our tagline is: FishBru — The Key to Healthy Soils

·      Product descriptions, photographs, specifications, labels and other information displayed on our website are intended to provide accurate information about our products.

·      Product appearance, packaging and other non-material details may change from time to time.

·      FishBru is not certified organic.

·      Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable New Zealand law.

 

3. Product information and use

·      You are responsible for reading and following the product information, directions for use, application rates, storage instructions, warnings and other information supplied with or displayed for the product.

·      FishBru products should only be used for their intended purpose and in accordance with the instructions provided by FishBru.

·      Our current product directions include specific requirements concerning dilution, non-chlorinated water, application timing, application rates and storage.

·      We have a Safety Data Sheet (SDS) available, and you should read and follow the applicable SDS before using the product.

·      The SDS provides relevant safety, handling, storage, hazard and emergency information. The SDS does not replace the product label or directions for use.

·      We are not responsible for problems arising from misuse, incorrect application, failure to follow instructions, inappropriate storage or use of a product for a purpose for which it was not intended, except to the extent that your rights under applicable law provide otherwise.

 

4. Product claims

·      We aim to provide accurate information about our products and their intended uses.

·      Any descriptions, benefits, application information, photographs or other product information on our website are provided to help customers understand our products.

·      We do not guarantee that a product will achieve a particular result in every situation, as results can vary depending on factors outside our control, including soil, plants, weather, application methods, storage, environmental conditions and other products or inputs used.

·      Nothing in this section limits any guarantee or right you have under applicable New Zealand consumer law.

 

5. Prices

·      All prices displayed on our website are in New Zealand dollars (NZD) unless stated otherwise.

·      Prices exclude GST where applicable.

·      We may change our prices from time to time, but a price change will not affect an order that we have already accepted.

·      We take reasonable care to ensure prices displayed on our website are accurate.

·      If we discover an obvious pricing error before an order has been accepted, we may contact you to confirm whether you wish to proceed at the correct price.

·      Any applicable delivery charges will be displayed during the checkout process or otherwise communicated to you before you complete your purchase.

 

6. Ordering Products

·      When you place an order through our website, you are making an offer to purchase the products selected by you.

·      After you place an order, you should receive an order confirmation.

·      An order confirmation confirms that we have received your order. It does not necessarily mean that we have accepted the order where an issue needs to be resolved.

·      We may decline or cancel an order where reasonably necessary, including where:

o   A product is unavailable

o   There has been an obvious pricing or product-description error

o   We reasonably suspect fraudulent or unauthorised activity

o   We are unable to obtain payment

o   We are unable to deliver the order to the address provided

o   There is another legitimate reason preventing us from fulfilling the order

·      If we cancel an order after you have paid, we will refund the amount you paid for the cancelled order.

 

7. Payment

·      We may offer payment methods including:

o   Credit or debit card

o   Direct bank transfer

o   Other payment methods made available through our Shopify store

·      Payment must be made in full unless we have agreed otherwise with you.

·      For direct bank transfers, your order may not be processed or dispatched until payment has been received and cleared.

·      We reserve the right to delay fulfilment where payment has not been received.

 

8. Delivery

·      We currently sell and deliver FishBru products within New Zealand.

·      Delivery options, costs and estimated delivery timeframes will be displayed during checkout or communicated to you before or after your order.

·      Delivery timeframes are estimates only and may be affected by factors outside our reasonable control, including courier delays, weather events, natural disasters, transport disruptions and other unforeseen circumstances.

·      We will take reasonable steps to dispatch your order within the timeframe communicated to you.

·      Once your order has been dispatched, responsibility for delivery is subject to applicable New Zealand consumer law and the terms applicable to the delivery service.

·      If your order does not arrive within a reasonable timeframe, please contact us at grow@fishbru.co.nz so that we can investigate.

 

9. Delivery Addresses

·      You are responsible for providing an accurate and complete delivery address.

·      If you provide an incorrect or incomplete address and this results in additional delivery costs, delay or the inability to deliver the order, we may contact you to arrange an appropriate solution.

·      Nothing in this section limits your rights under the Consumer Guarantees Act.

 

10.  Faulty, damaged or incorrect products

·      We stand behind the quality of our products.

·      If you receive a product that is faulty, damaged, incorrectly supplied or does not meet the guarantees required by New Zealand consumer law, please contact us as soon as possible at grow@fishbru.co.nz and provide your order number and, where possible, photographs of the product or packaging.  This will help us investigate and resolve the issue quickly.

·      Depending on the circumstances, we may provide an appropriate remedy, which may include a replacement or refund or other remedy required by law.

·      Your rights under the Consumer Guarantees Act 1993 (CGA) are not excluded or limited by these Terms and Conditions.

·      The CGA provides consumers with minimum guarantees regarding goods supplied by businesses in New Zealand. Consumer Protection

 

11. Change of mind

·      If you simply change your mind about a purchase, you are not automatically entitled to a refund or exchange under New Zealand law.

·      We may, at our discretion, offer a change-of-mind return or exchange, subject to any conditions we specify.  FishBru does not currently offer a general change-of-mind return policy.

·      Any voluntary change-of-mind policy we offer will be in addition to, and will not limit, your rights under the Consumer Guarantees Act or other applicable law.

 

12. Refunds

·      Where a refund is required under applicable law, we will process the refund using the original payment method where reasonably practicable.

·      Refund processing times may depend on your bank or payment provider.

·      If we voluntarily offer a refund in circumstances where a refund is not legally required, any applicable conditions will be communicated to you before the refund is processed.

 

13. Exchanges and replacements

·      Where appropriate, we may replace a product that is faulty, damaged, incorrectly supplied or otherwise does not meet applicable consumer guarantees.

·      We may ask you to provide reasonable information or evidence about the issue, such as photographs, or a description of the problem.

·      We will not require you to provide information that is unreasonable in the circumstances, or use our procedures to unlawfully restrict your rights.

 

14. Consumer Guarantees Act

·      Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies you have under the Consumer Guarantees Act 1993 where that Act applies.

·      If a product fails to meet a guarantee under the CGA, you may have rights to a remedy depending on the nature and seriousness of the failure.

·      We will comply with our obligations under the CGA.

 

15. Fair Trading Act

·      We aim to ensure that all product descriptions, pricing, advertising and other information we provide is accurate and not misleading.

·      Nothing in these Terms and Conditions is intended to exclude or limit rights you have under the Fair Trading Act 1986.

·      The Fair Trading Act applies to online businesses and prohibits misleading or deceptive conduct and false or misleading representations about goods and services. 

 

16. Website use

·      You may use our website for lawful purposes and in accordance with these Terms.

·      You must not:

o   Use our website for unlawful purposes

o   Attempt to gain unauthorised access to our systems

o   Interfere with the operation or security of our website

o   Introduce malicious software or code

o   Attempt to obtain information belonging to another customer

o   Use our website to engage in fraudulent activity

o   Copy, reproduce or commercially exploit our website content without our permission

·      We may restrict or suspend access to our website where reasonably necessary for security, maintenance or other legitimate business purposes.

 

17. Intellectual property

·      Unless otherwise stated, the FishBru name, logo, branding, product names, photographs, graphics, written content, website design and other materials on our website are owned by or licensed to Tonika NZ Limited.

·      You may view and use our website for your personal, non-commercial purposes.

·      You must not reproduce, modify, distribute, publish, sell or commercially exploit our content without our prior written permission.

 

18. User reviews and content

·      If we allow customers to submit reviews, photographs, comments or other content to our website or social media channels, you must ensure that the content:

o   Is truthful and based on your genuine experience

o   Does not contain unlawful, defamatory or misleading material

o   Does not infringe another person's intellectual property or privacy rights

o   Does not contain malicious software or harmful material

·      By submitting content to us for publication, you grant us a non-exclusive, royalty-free licence to use, reproduce and display that content for purposes associated with FishBru and our marketing, subject to applicable law.

·      We may remove content that we reasonably consider inappropriate, unlawful, misleading or inconsistent with these Terms.

19. Promotions and discount codes

·      From time to time, we may offer promotions, discounts or promotional codes.

·      Unless otherwise stated:

o   Promotional codes cannot be exchanged for cash

o   Only one promotional code may be used per order

o   Promotions may have specific eligibility requirements

o   Promotions cannot be applied retrospectively to previous orders

o   We may set a maximum number of uses or other reasonable conditions

·      Specific promotional terms will apply where they differ from these Terms.

 

20. Availability of products

·      We do our best to keep product availability information accurate. However, products may occasionally become unavailable unexpectedly.

·      If you order a product that becomes unavailable before we can fulfil your order, we will contact you and, where appropriate, offer an alternative, delay fulfilment with your agreement or provide a refund.

 

21. Website availability and accuracy

·      We aim to keep our website available and information accurate, but we do not guarantee that:

o   The website will always be available

o   The website will be free from errors

o   Information will always be complete or current

o   The website will be free from viruses or other harmful components

·      We may update, modify or temporarily suspend parts of our website where reasonably necessary.

·      Nothing in this section limits any rights you have under applicable New Zealand law.

 

22. Third-party services

·      Our online store is operated using third-party technology and services, including Shopify.

·      We may also use third-party services for payment processing, delivery, analytics, advertising, website functionality and other business purposes.

·      Third-party services may have their own terms and privacy policies.

·      Our Privacy Policy explains more about how we handle personal information.

 

23. Privacy

·      Our collection and use of personal information is governed by our Tonika NZ Limited FishBru Privacy Policy.

·      By using our website or purchasing from us, you acknowledge that you have had the opportunity to review our Privacy Policy.

 

24. Limitation of liability

·      To the maximum extent permitted by law, we will not be liable for loss or damage arising from matters outside our reasonable control.

·      This may include circumstances such as:

o   Natural disasters

o   Severe weather

o   Flooding

o   Fire

o   Transport disruptions

o   Courier delays

o   Government restrictions

o   Power or telecommunications failures

o   Cybersecurity incidents affecting third-party providers

o   Other events beyond our reasonable control

·      Nothing in these Terms excludes, restricts or modifies any liability, guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under New Zealand law.

·      In particular, nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those laws apply.

 

25. Events outside our control

·      If an event outside our reasonable control prevents or delays us from fulfilling our obligations, we will take reasonable steps to minimise the impact and resume performance as soon as reasonably practicable.

·      If an extended delay occurs, we will communicate with affected customers and work towards an appropriate solution.

 

26. Changes to these Terms

·      We may update these Terms and Conditions from time to time.

·      The latest version will be published on our website and will include the date it was last updated.

·      Changes will not retrospectively alter rights or obligations relating to an order that has already been accepted, except where required by law.

 

27. Governing law

·      These Terms and Conditions are governed by the laws of New Zealand.

·      Any dispute arising in connection with these Terms will be subject to the applicable laws and courts of New Zealand.

·      Nothing in this section prevents you from exercising any rights available to you under New Zealand consumer law.

 

28. Contact us

If you have a question about an order, product, delivery, refund or these Terms and Conditions, please contact us:

Tonika NZ Limited
FishBru
Whangārei, New Zealand

Email: grow@fishbru.co.nz

 

We are happy to help resolve any genuine customer issue as quickly and fairly as possible.

 

Last Updated 24 August 2026