Terms & Conditions of sale

These terms and conditions of sale constitute a binding agreement between Hercules™ Instant Shelter (us/we) and its customers (you) which applies to all purchases of items by you from the website(www.herculesgazebo.co.nz) .

ACCESS:
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

WE RESERVE THE RIGHT TO:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

PURCHASE OF PRODUCTS:
All orders are subject to acceptance in accordance with our Order acceptance policy.

DESCRIPTION OF GOODS:
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

PRICES:
All prices listed include GST(Goods and services tax) at the New Zealand standard rate of 15%. Due to circumstances beyond our control prices may have to be increased or decreased including any alterations to GST. The correct price you will pay will be on your printed order confirmation. Any special offers will be priced accordingly showing the specific period this item is on special offer for.

PAYMENT:
All orders are payable in full before delivery. Interest is chargeable on unpaid balances. Hercules Instant Shelter will continue to own and reserve the right to repossess any goods sold under contract until payment has been received in full. We accept all major credit cards/debit cards VISA, Mastercard, You confirm that the credit or debit that is being used is yours. 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.

ORDER ACCEPTANCE POLICY:
Order acceptance and the completion of the contract between you and us will take place on the dispatch of the products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy. Non-acceptance of an order may be a result of one of the following: – Our inability to obtain authorisation for your payment – The identification of a pricing or product description error – You not meeting the eligibility to order criteria set out in the main Terms & Conditions, If there are any problems with your order, you will be contacted by our Customer Services Representatives. The sales contract is therefore completed in New Zealand. We reserve the right to reject any offer to purchase by you at any time.

REFUSAL OF TRANSACTION:
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under New Zealand law you must:- be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian’s consent to make the purchase and enter into the terms and conditions applying to the purchase – Stipulate a delivery address in the New Zealand including postcode. Please note that PO box numbers, hotels and accommodation addresses are not acceptable – Possess a valid credit or debit card issued by a bank acceptable to us By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

DELIVERY:
Except where noted delivery is free to mainland New Zealand, however for some New Zealand postcodes and offshore islands deliveries there may be a surcharge. It is noticed that Oversea deliveries are not available at the current stage. We will contact you to advise if there is an additional charge. We aim to deliver all ready-made goods within 3 working days from receipt of order. This excludes any bespoke printed items. If for any reason this deadline cannot be met, you will be contacted immediately.

INTELLECTUAL PROPERTY AND RIGHT TO USE:
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

LIMITATION OF LIABILITY:
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will not be liable, in contract, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: – any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or – any loss of goodwill or reputation; or – any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Return & Refund Policy

Hercules™ Instant Shelter we‘re so confident in the quality of our products, that we offer you a full guarantee. If for any reason you are not entirely happy with your purchase, you can exchange it for something else, or receive a full refund. This excludes any bespoke printed items. You’re welcome to return goods directly to our local stores. Our open hours are 9am to 5pm weekdays, 10am to 3pm Saturday, please contact us prior to coming.

YOUR RIGHT TO CANCEL:
1.1 If you have simply changed your mind about any item ordered and you wish to return it, you can do so provided you inform us of your decision within 14 days of receipt of the item. The item must not be used and must be ‘as new’ when returned to us. Therefore, they should remain in their original condition and in our packaging. Once you’ve informed us that you wish to return goods, you have 14 calendar days to return it to us. Once the item is received at Hercules™ Instant Shelter, we’ll issue a full refund for the product to your original payment method. The refund will included the full cost of the goods, and you are responsible for the cost of returning the goods to Hercules™ Instant Shelter and the cost for doing so. You are responsible for the goods until they reach us, so we highly recommend that you use Recorded Delivery (or any secure service, requiring a signature on delivery), when returning goods to us, so that you can track the item to ensure it reaches us and that we have acknowledged receipt of the goods.

1.2 Please note: Hercules™ Instant Shelter reserves the right to refuse return; therefore please ensure that before any is returned to us, you have notified our office to ensure we are happy to receive the goods.  Our open hours are 9am to 5pm weekdays, 10am to 3pm Saturday, you can find  a contact here.

1.3 You should return the goods in their original packaging to Hercules™ Instant Shelter to an accepted return address, please ensure that before any is returned to us, you have notified our office to ensure a correct and accepted return address is provided.

1.4 Please note that if your time for return as stated in (1.1) has expired, then your rights for refund/returns as outlined, may have also expired.

BESPOKE, PRINTED or PERSONALISED ITEMS:
1.5 Bespoke, printed and personalised items are not eligible for return once shipped unless faulty or damaged in transit. If at any point you wish to cancel a bespoke order (i.e. printing, or individual amendments), then the deposit taken, will be non-refundable. If 100% payment has been taken, then you will only be eligible for 50% refund. However, Hercules™ Instant Shelter reserves The right to refuse to refund, when bespoke work has been carried out on your instructions.

FAULTY OR DEFECTIVE ITEMS
1.6 Note that in the event of Hercules™ Instant Shelter sending you a faulty or defective item, we would need to be notified of said fault, within 20 working days of you receiving the goods.

1.7 In order to replace the faulty item, we may ask to see photographic evidence of the fault, or to have the item sent back to us before we can issue a replacement. This evidentiary requirement will enable us to make an informed decision about whether to repair or replace the item in question.

1.8 You can return the goods in their original packaging to Hercules™ Instant Shelter, when your return is accepted by us , and you have 14 calendar days to return, then we are responsible for the cost of returning the goods to Hercules™ Instant Shelter. Note that you are responsible for the goods until they reach us, so we highly recommend that you use Recorded Delivery (or any secure service, requiring a signature on delivery), when returning goods to us, so that you can track the item to ensure it reaches us and that we have acknowledged receipt of the goods.

1.9 Please Note: once used, we will not accept goods back without a valid reason (such as a manufacturing fault).

1.10 We reserve the right to repair or replace goods which have been proven faulty. We reserve the right to issue a credit note by way of refund.

1.11 Please note that if your time for return as stated in (1.6 & 1.8) has expired, then your rights for refund/returns as outlined, may have also expired.

Warranty Policy

Hercules™ Instant Shelter have a limited warranty from the date of original retail purchase that the product will be free from defects in material and workmanship. The length of the limited warranty may vary by product. The warranty is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. This does not include damage caused by incorrect anchoring, severe weather conditions and misuse of the products. Some of our frames benefit from extended warranty of up to eight years; cover does not apply to canopies and sidewalls. We reserve the right to repair or replace any part which may prove faulty.

PLEASE NOTE: KEEP THE ORIGINAL SALES RECEIPT.

Proof of purchase is required to obtain warranty performance. Please refer to your product for the exact terms and conditions of the limited warranty for your purchase. The warranty included with your purchased product is your exclusive warranty.

If your product is defective and is within your warranty period, please contact us. Do not return product to Hercules without authorization. You will be directed to attach a tag to the product that includes your name, address, daytime telephone number and description of the problem. Include a copy of the original sales receipt.