Pergola Haven

1. General

1.1 Every effort will be made to ensure that all products displayed on our website are either available to order or pre-order However, we offer no guarantee of availability, and this electronic publication does not constitute an offer for sale.
1.2 All measurements are approximate.
1.3 Most products require full or part assembly. It is the Customer’s responsibility to ascertain this information prior to purchase should it be deemed a condition of purchase on the Customer’s part.
1.4 The reproduction of colours is as accurate as the photographic and production process will allow.
1.5 All risk in the products we supply to the Customer, in particular the risk of any loss or damage, shall pass to the Customer on delivery of the products to the address specified on the order. Ownership of the products shall not pass to the Customer until we have received payment in full in respect of such products.
1.6 We shall not be liable and thus offer no compensation for any indirect losses the Customer may suffer, including any loss of profit, wasted time including time off work, income or anticipated savings as a result of our failure to comply with these terms or our negligence. However, our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.
1.7 These terms, constitute the entire terms on which we will provide products to the Customer, and cancel and supersede all prior arrangements and representations, whether verbal or written.
1.8 We may amend these terms from time to time at our discretion without notice to the Customer. Any amendments will be posted on this website and will supersede any terms and conditions previously published by us.
1.9 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.
1.10 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to represent as much as possible the intent of the clause and, if such clause cannot be restated for any reason, it shall be severable from these terms and deleted.
1.11 The Customer may not assign or sub-contract any of their rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
1.12 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to US law, and the US courts shall have exclusive jurisdiction in all such matters.

2. Force Majeure

2.1 We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non foreseeable and beyond our reasonable control, thus making performance inadvisable, commercially impracticable, illegal, or impossible.

3. Prices

3.1 The price communicated to the customers for the products excludes postage and packaging unless specifically stated. The charge for Delivery will be communicated when the Customer has provided their personal details, such as zipcode or specific address.
3.2 All prices listed include VAT where applicable.

4. Delivery

4.1 This website is only for delivery of products to customers within the contiguous states of the United States. We cannot deliver to Hawaii or Alaska. This also applies to every other delivery destination outside of US.
4.2 We make every effort to deliver goods within reasonable timescales and on the date communicated. However, delays are occasionally inevitable due to unforeseen factors and all products are subject to availability. PergolaHaven US shall not be liable for any delay or failure to deliver the products within estimated or stated timescales.
4.3 All items must be checked within 7 days of receipt of goods. PergolaHaven US must be advised of any problems including damages, faults, incorrect product, missing parts, and unsuitability, within that period.
4.4 Risk of loss and damage of products passes to the Customer on the date when the products are delivered.
4.5 Customers must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that the Order is going to, but also the name of its recipient. We will not be liable for the delivery of an Order as a result of incomplete or inaccurate information provided. Parcels may require a signature on delivery.
4.6 Should a delay occur within our knowledge, every effort will be made to advise the Customer.

5. Payment

5.1 Payment is automatically taken from the Customer’s card at the time we receive the order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform the Customer of this as soon as possible. A full refund will be given when the Customer has already paid for the goods.
5.2 The price to pay is the price discussed with sales representatives when we receive the order. The following exception applies: While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods the Customer has ordered we will inform the Customer as soon as possible and give the option of reconfirming the order at the correct price or canceling it. If we are unable to make contact we will treat the order as cancelled. If the Customer cancels and has already paid for the goods, they will receive a full refund.
5.3 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
5.4 Title to any products ordered with PergolaHaven US shall pass to the Customer on delivery provided that we have processed and received payment in full for the products.
5.5 Payment can be made by any method specified on the website.

6. Refunds

6.1 All items must be checked within 7 days of receipt of goods. PergolaHaven US must be advised of any problems including damages, faults, incorrect product, missing parts, and unsuitability, within that period. Where a refund is applicable this shall be processed between 1-7 working days.
6.2 A full refund shall be given in the event of a product not being available nor an alternative being acceptable.
6.3 A full refund shall be given in the event of damaged or faulty product whereby a replacement is not available. PergolaHaven US reserves the right to provide a like for like replacement product if available.
6.4 If a refund is offered as a consequence of a late accepted delivery, then this shall not equate to more than the delivery charge paid.

7. Warranty

7.1 offers a warranty that stretches beyond legislation: you will receive no less than a 5 year warranty.
7.2 The warranty period starts from the moment of purchase. The original receipt serves as a warranty certificate. Warranty relates to construction and material defects that are already present on delivery. Damage caused by improper or incompetent use (such as abnormal loads), deterioration by aggressive substances, improper maintenance, incorrect assembly, as well as damage due to not following or not correctly following the user instructions are excluded from the warranty agreement. Further exclusions are: scratches due to use, rust formation on steel from the inside due to, among others, condensation.

8. Cancellation of Orders Due to Typing Mistakes

8.1 We reserve the right to cancel an order if it is based on inaccurate information, including price errors or technical information displayed on our website. The contract between buyer and seller becomes only valid as soon as the goods are sent by the seller. The customer will be notified of the cancellation, and any payments will be refunded in accordance with our policies.

9. Cancellation

9.1. Cancellation Before Production Begins: Customers may cancel their order before the start of production of the pergola. In such cases, a 20% service fee will be deducted from the refund amount of any payment made. The remaining balance will be refunded to the customer.
9.2. Cancellation After Production Has Begun: Once production of the pergola has commenced, the order cannot be cancelled. If a customer still wishes to proceed with cancellation after production has begun, the customer will be responsible for covering the full cost of the production incurred up to the point of cancellation.
If the down payment made by the customer is not sufficient to cover these incurred production costs, we reserve the right to automatically charge the remaining balance to the payment method on file.
9.3. Refund Processing: Any applicable refunds will be processed within [14-30 days] of receiving a confirmed cancellation request and will be refunded using the original payment method unless otherwise agreed upon.

10. Confidentiality

10.1 All Customer information including credit/debit card details are subject to and in accordance with the Data protection Act. Such details are not passed to third parties nor used in unsolicited communication.

11. Consumer Rights

11.1 The above Terms and Conditions do not affect the Customer’s statutory consumer rights.