Terms & Conditions
This website is owned and operated by Popup-gazebos.net which is a trade name of Below The Line Ltd. If you have any suggestions or comments or if you need to contact us, please email us.
OUR CONTACT DETAILS:
Below The Line Ltd, Arundel House, 50 High Street, Warwickshire,
TERMS AND CONDITIONS OF SALE
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 Popup-gazebos.net;
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.popup-gazebos.net
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.
3.1 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. The price excludes 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.
6.1 Non printed goods supplied within the UK and ordered before 2pm 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 Popup-gazebos.net within in 24 hours. Any claims after 24 hours cannot be entertained.
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
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.
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.
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.
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
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
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
1 You have the right to cancel this contract within 14 days without giving any reason.
2 The cancellation period will expire after 14 days from the day:
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;
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;
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;
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;
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.
3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
If you electronically fill in and submit a clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
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.
EFFECTS OF CANCELLATION
5 If you cancel this contract, we will reimburse to you all payments received from you, excluding the cost of delivery if the goods have already been delivered to you including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7 We will make the reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9 In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.
RETURN OF GOODS
10 We will collect the goods.
COST OF RETURNING GOODS
11 You will have to bear the direct cost of returning the goods.
12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
SERVICE CONTRACTS BEGUN DURING CANCELLATION PERIOD
13 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.
Plain stock colour gazebos and accessories:
If the order is received before 2pm 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.
Bespoke/Custom Printed Products
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 AND REFUND AND CANCELLATION POLICY
We hope that you are delighted with your purchase. If however any goods received are either defective or unsatisfactory, we kindly ask that you notify us by email or in writing within 7 days of receipt indicating if a replacement or refund is required. All items must be returned in their original packaging and unused within 14 days. A full refund and postage refund will apply to faulty/defective items. Refunds will be processed within 21 days. Incorrectly ordered items (customer error) for replacement will incur a 10% handling fee and all postage costs will not be refunded. Cancellation of bespoke/custom printed goods deposit/payment will not be refunded. You will also be liable for any other cost that may have been incurred up to 90% of the final price agreed for the printed goods.
We require full payment for all gazebos and accessories prior to dispatch. When ordering printed gazebos, a 50% payment will be required to confirm your order and put your printed products into production, with the balance due prior to dispatch.
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.
Our Heavy Duty Steel Gazebos come with a 12 month warranty.
Our Aluminium Extreme Pro 40 frames come supplied with a 2 year warranty.
Our Aluminium Extreme Pro 50 frames come with a 3 year warranty period.
Canopies and sidewalls for all frame ranges come with a 12 month warranty.
Carry/storage bags for all gazebos are NOT covered under warranty as they are given free of charge with each unit sold.
Our gazebos are covered by a manufacturer’s warranty against manufacturing defects.
Damage caused by incorrect use or incorrect anchoring of gazebos in severe weather or through improper use is NOT covered by our warranty.