Terms of service

Terms of Service

OVERVIEW

Welcome to Custom Gazebos. The terms "we", "us" and "our" refer to Custom Gazebos. Custom Gazebos operates this website and online store, including all related information, content, products and services.

These Terms of Service, together with any policies referenced on our website, set out the terms that apply when you use our website or purchase products from us.

By visiting our website, placing an order, approving artwork, or purchasing from us, you agree to be bound by these Terms of Service, our Refund and Returns Policy, Privacy Policy, and any other policies displayed on our website. If you do not agree with these terms, you should not use our website or purchase from us.

SECTION 1 - GENERAL CONDITIONS

By using this website, you confirm that you are at least the age of majority in your state or territory of residence, or that you have permission from a parent or guardian.

You agree to provide current, complete and accurate information when placing an order, including your contact details, billing details, delivery address, artwork files and any other required order information.

You must not use our website, products or services for any unlawful purpose or in a way that infringes the rights of any third party.

SECTION 2 - OUR PRODUCTS

We supply custom printed gazebos and related display products, including but not limited to custom printed gazebo canopies, gazebo walls, gazebo frames, printed gazebo packages, accessories and other promotional display products.

Most of our products are custom made to order based on the customer's selected product options and approved artwork. Product images, mockups and photos shown on our website are for general reference only. The final appearance may vary depending on product size, material, printing method, lighting, fabric movement and screen display settings.

We make reasonable efforts to describe our products accurately. However, minor differences in colour, fabric texture, finishing, stitching, sizing tolerance, hardware appearance or product details may occur and do not automatically constitute a fault.

SECTION 3 - ARTWORK, DESIGN FILES AND APPROVAL

Customers are responsible for supplying suitable artwork files and checking all artwork details before production. This includes, but is not limited to, spelling, grammar, logos, colours, layout, size, contact details, QR codes, images and any other printed information.

Where we provide a digital mockup, proof or artwork preview, it is supplied for approval before production. Once the customer approves the artwork, the order will be produced based on the approved artwork.

After artwork approval, we are not responsible for errors that were visible in the approved proof, including spelling mistakes, incorrect contact details, low-resolution images, incorrect logos, layout preferences, or any other customer-approved details.

If a reprint is required because of an error in the approved artwork or customer-supplied file, additional costs may apply.

We may make small technical adjustments to artwork for production purposes, such as scaling, positioning, bleed, colour setup, sewing margin or print preparation. These adjustments are made to help produce the product correctly and may not always be shown separately to the customer.

SECTION 4 - COLOUR MATCHING

Printed colours may vary from what appears on a screen. Screen colours, RGB colours, HEX colours, photos and digital mockups may not print exactly the same on fabric or other materials.

If exact colour matching is required, the customer must advise us before production and provide a Pantone PMS colour reference where possible. Even with PMS references, exact colour matching cannot always be guaranteed due to differences in fabric, ink, printing process and finishing.

Reasonable colour variation is not considered a production fault unless exact colour matching was agreed in writing before production and the final product is clearly outside an acceptable production tolerance.

SECTION 5 - ORDERS AND ACCEPTANCE

When you place an order, you are making an offer to purchase. We reserve the right to accept, decline, cancel or request changes to an order at our discretion, including where product information, pricing, delivery details or artwork requirements are incomplete or incorrect.

An order is accepted when we confirm the order and receive the required payment. For custom printed products, production usually begins after payment and artwork approval have both been received.

Please check your order carefully before submitting. Once artwork has been approved or production has started, cancellation may not be possible because the product is custom made for you.

SECTION 6 - PRICES, TAXES AND PAYMENT

Prices are displayed in Australian dollars unless otherwise stated. Prices, discounts, promotions and product availability may change without notice.

Unless otherwise stated, prices may exclude delivery charges, taxes, duties, customs charges or other additional costs. Any applicable delivery costs will be shown or confirmed before the order is finalised where possible.

We reserve the right to correct pricing errors, product errors or website inaccuracies at any time, including after an order has been submitted. If this affects your order, we will contact you to confirm whether you wish to proceed.

SECTION 7 - PRODUCTION TIME AND DELIVERY

Production times and delivery times shown on our website or provided by our team are estimates only. We will make reasonable efforts to complete and dispatch orders within the estimated timeframe, but we cannot guarantee exact completion or delivery dates unless this has been agreed in writing.

Production or delivery may be delayed by factors outside our control, including artwork delays, late approval, payment delays, courier delays, stock availability, customs delays, weather events, public holidays, high order volume or other circumstances beyond our reasonable control.

We are not responsible for losses, event costs, missed deadlines or other consequences caused by delivery delays where the delay is outside our reasonable control.

Customers are responsible for providing a correct and complete delivery address. Additional costs may apply if an order is delayed, returned, redirected or redelivered because of incorrect delivery information supplied by the customer.

SECTION 8 - CUSTOM MADE PRODUCTS, RETURNS AND REFUNDS

Most of our products are custom printed and made to order. Because these products are produced specifically for each customer using approved artwork, we generally do not accept returns, exchanges, cancellations or refunds for change of mind once artwork has been approved or production has started.

Returns, replacements, reprints or refunds will only be considered where there is a confirmed product issue, such as faulty hardware, damaged goods, incorrect items supplied, or printing that does not match the final approved artwork.

Our Refund and Returns Policy applies to all return, replacement, reprint and refund requests. Nothing in these Terms limits your rights under the Australian Consumer Law.

SECTION 9 - FAULTY HARDWARE OR INCORRECT PRINTING

If you believe your order has faulty hardware, damaged parts, missing parts, or printing that does not match the final approved artwork, please contact us as soon as possible at customgazebosau@gmail.com.

Please include your order number, a clear description of the issue, and photos or videos showing the problem, packaging and full product where possible.

If the issue is confirmed to be caused by our production error, faulty hardware, shipping damage or incorrect printing compared with the approved artwork, we will arrange a suitable solution. This may include repair, replacement parts, reprint, partial refund or full refund depending on the circumstances.

SECTION 10 - PRODUCT USE, INSTALLATION AND WEATHER CONDITIONS

Gazebos and outdoor display products must be installed and used safely and correctly. Customers are responsible for checking that the product is suitable for their intended use, site conditions and weather conditions.

Gazebos must be properly secured using suitable weights, pegs, ropes or other appropriate fixing methods. The required securing method may vary depending on the location, ground surface and weather conditions.

Gazebos and display products should not be used in unsafe weather conditions, including strong wind, storms, heavy rain or other extreme conditions. Damage caused by incorrect installation, insufficient weighting, misuse, accidents, strong wind, extreme weather, neglect or normal wear and tear is not considered a product fault.

SECTION 11 - INTELLECTUAL PROPERTY AND CUSTOMER ARTWORK

You confirm that you own, control or have permission to use any artwork, logos, images, trademarks, text or other materials supplied to us for printing.

You agree that your supplied artwork will not infringe the copyright, trademark, privacy or other rights of any third party.

You agree to indemnify us against any claims, costs, losses or damages arising from artwork or materials supplied by you, including any claim that the artwork infringes another person's rights.

We retain ownership of our website content, product images, mockups, design templates, text, graphics and other materials created by us, unless otherwise agreed in writing.

SECTION 12 - THIRD-PARTY SERVICES AND SHOPIFY

Our online store is powered by Shopify. Shopify enables us to provide our online store and related services to you. However, any purchase you make through our store is made directly with Custom Gazebos.

We may also use third-party services for payment processing, shipping, website tools, analytics, marketing or other business functions. Your use of these services may also be subject to the relevant third party's terms and policies.

SECTION 13 - PRIVACY

Your submission of personal information through our website is governed by our Privacy Policy. By using our website or placing an order, you acknowledge that you have read our Privacy Policy.

Because our store is hosted by Shopify, information you submit through the website may be processed by Shopify and other third-party service providers as required to operate the store, process orders, accept payments and arrange delivery.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, including after you have submitted an order.

SECTION 15 - PROHIBITED USES

You may not use our website or services for any unlawful, harmful, fraudulent or abusive purpose. You must not upload or transmit viruses, malicious code, spam or any content that may damage, interfere with or disrupt the operation of our website.

You must not copy, reproduce, scrape, resell or exploit any part of our website, products, content or services without our written permission.

We reserve the right to refuse service, cancel orders or restrict access to our website if we believe these Terms have been breached.

SECTION 16 - DISCLAIMER OF WARRANTIES

We make reasonable efforts to provide accurate product information and supply products with due care and skill. However, except as required by law, we do not guarantee that our website will be uninterrupted, error-free or that all product information will always be complete, current or accurate.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, Custom Gazebos will not be liable for any indirect, incidental, special or consequential loss, including loss of profit, loss of business, event cancellation costs, missed deadlines, loss of opportunity or loss of revenue arising from the use of our website, products or services.

Where our liability cannot be excluded, our liability will be limited, where permitted by law, to the repair or replacement of the goods, the supply of equivalent goods, or the cost of repairing or replacing the goods.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Custom Gazebos, its owners, employees, contractors, suppliers and service providers from any claim, loss, damage, cost or expense arising from your breach of these Terms, your misuse of our products, your supplied artwork, or your violation of any law or third-party rights.

SECTION 19 - GOVERNING LAW

These Terms of Service are governed by the laws of New South Wales, Australia. You agree that any dispute relating to these Terms, our website or our products will be subject to the courts and tribunals of New South Wales, Australia, subject to any rights you may have under Australian Consumer Law.

SECTION 20 - CHANGES TO THESE TERMS

We may update, change or replace any part of these Terms of Service by posting updates on our website. The latest version will always be available on this page.

Your continued use of our website or services after any changes are posted means you accept those changes.

SECTION 21 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at customgazebosau@gmail.com.

Our contact information is:

Custom Gazebos
Email: customgazebosau@gmail.com
Address: 6 Hathern St, Leichhardt NSW 2040, Australia