Terms and conditions

ABOUT US

This website is owned and operated by Gazeboshop which is a trade name of PitBitz Limited. If you have any suggestions or comments or if you need to contact us, please email us.

Terms and Conditions of Sale of Pitbitz Ltd T/A Gazeboshop

1 Definitions

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 “Consumer” shall have the meaning as described in Section 12 of the Unfair Contract Terms Act 1977;

1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;

1.5 “Seller” means Pitbitz Ltd who trade as Gazeboshop from Unit 3 IO Centre, Jugglers Close, Wildmere Road Industrial Estate, Banbury, Oxon, OX16 3TA

1.6 “Terms and Conditions” means the Terms and Conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 “Website” means www.gazeboshop.co.uk

2 Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.

3 Ordering

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either: select a different option, wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.

4 Price and Payment

4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. However with the exception to the Printed Gazebo Packages – prices listed are subject to VAT. All Website prices exclude delivery charges.

4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

5 Rights of Seller

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 Delivery

6.1 Non printed goods supplied within the UK and ordered before 1pm will normally be delivered the following working day of acceptance of order but in any event, within 28 days after the Contract is entered into.

6.2 Non printed goods supplied outside the UK will normally be delivered within 7-10 working days of acceptance of order but in any event, within 28 days after the Contract is entered into.

6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund on non printed goods.

6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

6.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.

6.6 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.

6.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

6.8 It is the responsibility of the Buyer to check the correct amount of packages and items have been delivered and that any shortages should be notified to Gazeboshop within in 24 hours. Any claims after 24 hours cannot be entertained.

7 Cancellation

7.1 The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

8 Website Content Accuracy/Description of Goods

8.1 The Seller takes care in the preparation of the content of this Website. The Seller endeavours to ensure that all prices quoted are correct at time of publishing and that all products have been accurately described. Prices are quoted in pounds sterling and include VAT. Packaging may vary from that shown. The weights and dimensions may vary slightly. The Seller strives to ensure that the colours featured on the Website are as accurate as possible however colours can and do look slightly different depending on the monitor/smartphone/tablet being used to view. The Seller cannot be held liable for any slight differences in shade to delivered products.

Limitation of Liability

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

Waiver

10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Force Majeure

11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

Severance

12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes to Terms and Conditions

13.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Governing Law and Jurisdiction

14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Right to Cancel

15.1 You have the right to cancel this contract within 14 days without giving any reason.

15.2 The cancellation period will expire after 14 days from the day:

15.2.1 of the conclusion of the contract, in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium;

15.2.2 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;

15.2.3 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;

15.2.4 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;

15.2.5 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.

15.3 To exercise the right to cancel, you must inform us, Pitbitz Ltd, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).

15.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Service Contracts Begun During Cancellation Period

16.1 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

Delivery

17.1 Plain stock colour gazebos and accessories:

If the order is received before 1pm we endeavour to ship all goods on a next working day carrier.

Delivery cost will vary dependant on delivery region. Cost will be clearly displayed in the shopping cart.

Saturday delivery and time stated deliveries are available at an extra charge. Please contact us.

For non-mainland UK deliveries to NI and Ireland, Channel Islands, Isle of Wight and Europe etc, please call or email us for current delivery costs.

17.2 BESPOKE/ CUSTOM PRINTED ITEMS

Custom printed products will be delivered within 7 -14 working days from receipt of approved artwork and deposit. Balance payment is required in full, prior to dispatch.

All deliveries MUST be signed for as proof of delivery.

You must inform us within two working days if the goods are lost or damaged in transit in writing quoting your order number.

Returns, Refund and Cancellation Policy

We believe that you will be satisfied with the products you have purchased, however, if for any reason you are not satisfied with your purchase you can exchange it for another product, or receive a refund. This excludes bespoke or custom printed items.

We ask that you notify us by email or in writing within 7 days of receipt of the goods indicating if an exchange or refund is required. We will then send you a returns note by email within 7 days which will need to be completed and returned to us by email or post with a printed copy enclosed with the goods. All items must be returned in their original packaging and unused within 14 days. You are responsible for arranging the return of the goods.

You are responsible for the goods until they reach us, therefore, it is important that you use a secure delivery method with adequate insurance to cover the value of the goods that requires a signature upon delivery.

The customer is responsible for ensuring that all goods are returned in their original condition and packaging, and goods must be unused.

Goods which have been used cannot be returned without a valid reason (for example a manufacturing fault). We reserve the right to refuse any refund if the terms & conditions were not met.

Once the goods are received, Gazeboshop will inspect the goods and process quality control checks to confirm that the goods have not been used and that all items have been returned. We will process a refund for the price which was paid for the goods excluding any delivery or collection costs incurred by the company. We will charge you a 3% handling charge for the original cost of the goods within 30 days of the goods arriving back to us.

If at any point the customer decides to return a bespoke or custom printed item or order, we reserve the right to refuse a request for any return or refunds once the designs have been approved and “signed-off” by the customer.

Faulty or Defected Items

In the case of the goods being faulty or defective, you must notify Gazeboshop within 24 hours of receiving the goods. We will ask you to provide photographic evidence of the fault prior to us arranging to have the item collected and returned to us for inspection. This will enable us to make a decision to either replace or repair the item. We will make a decision to repair or replace the faulty item within 7 days of receiving the goods.

Payment Terms

18.1 We require full payment for all gazebos and accessories prior to dispatch. When ordering printed gazebos, a full payment will be required to confirm your order and put your printed products into production, with the balance due prior to dispatch.

18.2 We accept credit cards, bank transfer and cheques as payment. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Warranty

19.1 Our Heavy Duty Steel, Trader Steel, Compact Gazebos and Aluminium 40 HEX Series Gazebos come supplied with a 12 month warranty.

19.2 Our Aluminium Extreme 40 Series frames come supplied with a 3 year warranty.

19.3 Our Aluminium Extreme 50 Series frames come with a 3 year warranty period.

19.4 Canopies and sidewalls for all frame ranges come with a 12 month warranty.

Heavy Duty Wheel Gazebo Bags come with a 12 month warranty.

Both the Awana and Bonga Stretch Tents come with a 1 year warranty.

Our gazebos are covered by a manufacturer’s warranty against manufacturing defects.

Gazeboshop’s warranty does not cover damage caused to its products by adverse weather, wind, rain, snow or other forces of nature, accidents, improper assembly or dis-assembly or adjustment during set-up or take down, or any abuse, misuse or neglect by the user.

Our gazebos are not permanent structures and should not be left unattended for prolonged periods of time. We do not advise you assemble or disassembled your gazebo during adverse windy weather conditions. Damage caused by incorrect use or incorrect anchoring of gazebos in severe weather or through improper use is NOT covered by our warranty.