Terms of service

PERGOLUX LLC

Purchasing Terms and Conditions

Scope of Application

These terms and conditions govern all orders placed with PERGOLUX LLC through our online store, including orders made via phone, chat, email, or direct checkout on Shopify.

General / Force Majeure/ Prices /Payment/ Permitting/ Risk-Free Orders/ Buy Now- Ship Later/ Retention of Title/ Warranty/ Liability/ Product Damage Rectification/ Assembly by Third Parties/ Transport Damage and Refusal of Delivery/ Shipping Policy/ Complaints/ Cancellation Policy/ Refund Policy/ Return Policy/ 100 Day Risk-Free Trial Policy/ Refer a Friend Conditions/ Tax Exemptions/ Final Provisions

Contract Partner and Formation

The purchase contract is established between two parties: the Customer and PERGOLUX LLC. Product listings on the website, as well as draft orders placed via phone, chat, or email, do not constitute a legally binding offer, but are merely invitations to place an order.

For online purchases, an order is created when the Customer clicks the Buy/Order/Pay Now/Complete Payment button for the selected products. For orders placed via phone, email, or chat, an order is formed once the customer provides final confirmation of the order. If there are any discrepancies between the order confirmation and what the Customer intended to order, it is the Customer’s responsibility to promptly notify PERGOLUX LLC to amend the contract. Failure to do so within 24 hours will be at the Customer’s risk, and PERGOLUX LLC cannot be held liable for any misunderstandings, incorrect items, or additional costs resulting from discrepancies that were not promptly addressed by the Customer.

PERGOLUX LLC reserves the right to cancel an order if it is based on incorrect information, such as pricing errors or technical inaccuracies displayed on our website. The contract between buyer and seller only becomes valid and finalized once the goods are dispatched by the seller. In the event of cancellation, the customer will be notified, and any payments will be refunded in accordance with our policies.

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 colors 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 subcontract 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 PERGOLUX LLC 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 shown for the products excludes delivery, unless specifically stated. The charge for delivery, if applicable, is shown at the checkout level once the Customer has entered their personal details, but before any payment information is taken.

3.2 The reductions shown in clearance sections are reductions from the original price charged on the website. 

3.3 Prices during sales are considered limited-time offers and apply only to orders placed within the specific sale timeframe indicated. Orders placed outside of the sale period do not qualify for sale pricing. 

4. Payment

Payment for PERGOLUX LLC products can be made by any method specified on the website. For detailed payment terms, conditions, and privacy policies, please consult the respective payment provider directly.

4.1 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.

4.2 The price to pay is the price displayed on this website at the time we receive the order. The following exception applies: While we try to 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 canceled. If the Customer cancels and has already paid for the goods, they will receive a full refund.

4.3 Title to any products ordered on this website shall pass to the Customer on delivery provided that we have processed and received payment in full for the products.

5. Permitting

PERGOLUX LLC, as the manufacturer and distributor, is not responsible for obtaining permitting approval or any site- or region-specific documentation required for installation.

It is the Customer's responsibility to determine whether such permitting or approval is required by local or state building codes, zoning laws, HOA guidelines, or other regulatory authorities, and, when applicable, to cover all associated costs.

6. Risk-Free Orders

6.1. Purpose

The Risk-Free Order option allows customers to temporarily secure pricing or a place in line while finalizing necessary approvals or details. This option applies in the following cases:

  • Customer is waiting on HOA approval and wants to lock in pricing.
  • Customer needs to confirm color, size, or accessories with significant other.
  • Customer is not currently at the delivery address and needs to visit the site to confirm specs or measurements.

6.2. Exclusions
This option does not apply to customers who:

  • Wish to delay delivery to a future date.
  • Are waiting for backyard completion before accepting delivery.
  • Do not currently have space to store the pergola.

6.3. Risk-Free Order Process

Customers must place a Risk-Free Order through the PERGOLUX Sales Team.

  • The Sales Team will generate a draft order including a $100 non-refundable ‘Reserve Now’ fee.
  • Customers must pay the $100 fee immediately to secure their order.
  • The remaining balance must be paid within 48 hours of the product being available for shipment.
  • If the product is in stock, full payment is required within 24 hours.
  • Orders will be canceled after 7 days if full payment is not received.

By using the Risk-Free Order option, you agree to these terms.

7. Storage

7.1 Service Overview

The "Storage" option allows customers to purchase a pergola and have it securely stored for up to six (6) months before delivery.

7.2 Storage Period

The maximum storage duration under this service is six (6) months from the date of purchase.

If the pergola cannot be received within the six-month period, additional arrangements must be made, and additional fees will incur.

7.3 Storage Fees

A storage fee of $150 per month will be charged for the duration of the storage period. Storage fees are non-refundable and will be calculated on a monthly basis starting from the date an order is ready to ship.

7.4 Delivery Coordination

A representative will contact you within a few days of purchase to confirm your preferred delivery time frame.

It is the customer's responsibility to ensure availability for delivery at the agreed-upon time.

8. Retention of Title

Ownership of goods remains with PERGOLUX LLC until payment is made in full.

9. Warranty (Full 10 Year Limited Warranty Coverage)

9.1 Warranty Coverage

A PERGOLUX pergola is covered by a tiered warranty:

  • 10-Year Warranty: Applies to structural components like columns, base plates, and beams.

  • 5-Year Warranty: Covers movable parts, including louvers, hand cranks, and mechanisms.

  • 2-Year Warranty: Applies to accessories and electrical components.

9.2 Warranty Activation

The warranty period starts from the installation date. The original receipt serves as a warranty certificate.

9.3 Warranty Conditions

This warranty is non-transferable and valid only for the original purchaser in the USA and Canada. It covers the original purchase price or replacement of parts, with the Customer responsible for the installation of any replacement components.

9.4 Exclusions

The warranty does not cover:

  • Environmental or natural disaster damage (e.g., extreme weather, sun fading) that is not covered by PERGOLUX’s engineering documentation

  • Misuse, modifications, or improper installation.

  • Incompetent use (such as abnormal loads).

  • Installation errors or damage caused by unstable surfaces.

  • Delayed installations (over one year from purchase).

  • Electrical components, covered separately for 2 years.

  • Additional costs such as disassembly, shipping, or storage.

  • Deterioration by aggressive substances

  • Improper maintenance.

  • Scratches, due to use.

  • Rust formation originating internally on steel components as a result of condensation.

9.5 Filing a Warranty Claim

Customers should submit claims within 30 days of identifying an issue by emailing warranty@pergoluxshop.com with proof of purchase and photos. Approved claims will be processed within 30 days.

9.6 Additional Terms

Warranty benefits may be withheld if any outstanding payments to PERGOLUX LLC remain.

10. Liability

We are fully liable for any damages caused by us, our legal representatives, or agents in cases of injury, intentional or grossly negligent misconduct, warranty breaches, or if governed by product liability laws. For minor negligence in breaching essential contractual obligations, our liability is limited to foreseeable damages typical of such contracts. This does not include our referral partners or carriers.

11. Product Damage Rectification

PERGOLUX LLC will remedy damage caused by material defects, provided that:

  • The product was assembled according to provided instructions.

  • Proper precautions were taken to protect the product against weather.

  • The buyer checked the completeness of parts before assembly.

  • Any parts damaged during assembly due to obvious defects are excluded from warranty coverage.

12. Assembly by Third Parties

Prior to engaging any third-party installer, customers must verify that all parts have arrived in full and are free from damage. PERGOLUX LLC is not liable for any costs or delays resulting from incomplete deliveries or scheduling issues. Furthermore, PERGOLUX LLC assumes no responsibility for any damages or issues arising from installation performed by third-party installers.

13. Transport Damage and Refusal of Delivery

13.1 In the event that goods are delivered with visible transport damage, it is essential that the Customer notify the carrier immediately and contact PERGOLUX LLC’s customer support team. Although failure to report such damage does not impact a Customer’s legal rights, it assists us in filing claims with the carrier and promptly addressing Customer concerns.

13.2 If delivery is refused without any visible damage being noted, the Customer will be responsible for any additional costs incurred due to re-delivery or refusal of the shipment.

14. Shipping Policy

14.1 This website is only for delivery of products to customers within the mainland United States. PERGOLUX LLC does not deliver to Hawaii or Alaska, unless a separate shipping agreement is reached between PERGOLUX LLC and the Customer. This also applies to all delivery destinations outside of the contiguous states of the US.

14.2 Standard delivery includes manual unloading of items from the truck (liftgate or forklift used only for orders containing glass panels), removal of cartons from pallets, and placement of cartons in a dry area of the Customer’s choice (e.g., backyard or garage). Delivery to raised areas, including rooftops, is not included and will incur additional shipping charges. It is the Customer's responsibility to ensure the property is accessible for delivery.  

14.3 We make every effort to deliver goods within reasonable timescales and on the date stated. However, delays are occasionally inevitable due to unforeseen factors, and all products are subject to availability. PERGOLUX LLC shall not be liable for any delay or failure to deliver the products within estimated or stated timescales.

14.4 All items must be checked within 7 days of receipt of goods. PERGOLUX LLC must be advised of any problems, including damages, faults, incorrect product, missing parts, and unsuitability, within that period. Risk of loss and damage of products passes to the Customer on the date when the products are delivered. Significant delivery damage requires documentation and signature upon delivery.

14.5 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. PERGOLUX LLC 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.

15. Complaints

If there are defects with a purchased product, the Customer is entitled to statutory warranty rights. Verification of defects requires the submission of photos and part numbers. Contact our customer service at customerservice@pergoluxshop.com for assistance. 

16. Cancellation Policy

Free Cancellation: Orders can be canceled within 24 hours of placement at no cost to the Customer.

10% Fee: For orders canceled after 24 hours, a 10% cancellation fee will apply. If the item has already been shipped, additional return shipping and restocking fees will be charged in accordance with the below return and refund policies.

17. Refund Policy

17.1 All items must be checked within 7 days of receipt of goods. PERGOLUX LLC must be advised of any problems including damages, faults, incorrect product, missing parts, and unsuitability, within that period. When a refund or reclamation is applicable, this shall be initiated for processing between 1-10 business days.

17.2 A full refund shall be given in the event of a product not being available or an alternative not being acceptable. A full refund shall be given in the event of damaged or faulty product whereby a replacement product is not available. PERGOLUX LLC reserves the right to provide a replacement product if obtainable.

18. Return Policy

PERGOLUX LLC does not initiate or offer exchanges or “swaps” for pergolas or accessories.

Customers wishing to obtain a different product must initiate a return for the original item and place a new order for the desired product. Refund disbursement for the original order will be processed in accordance with PERGOLUX LLC’s standard return policies and timelines.

18.1 Full pergola return:

If a Customer seeks to return a full pergola post-delivery, the following terms shall apply:

  1. Cancellation Fee: For orders canceled or returned after 24 hours, a 10% cancellation fee will apply, as outlined in section 16. 

  2. Shipping Process: The Customer is responsible for properly packaging and palletizing the pergola to ensure secure transport. Once the pergola is dispatched, the responsibility for its safe arrival lies solely with the Customer and their chosen carrier.

  3. Shipping Options: The Customer may choose to contract their own carrier or use PERGOLUX's shipping partner to handle the return shipment.

  4. Shipping Costs: If the Customer opts to use PERGOLUX's shipping partner, a shipping cost of $1,000 [for the continental U.S.] will be deducted from the order refund, in addition to a $500 restocking fee.

  5. Inspection Upon Arrival: Upon receipt of the pergola at our facility, a comprehensive inspection will be conducted to evaluate its condition. If the pergola is found to be in good, re-sellable condition, a refund—less the cancellation fee outlined in section 16, restocking fee outlined in section 18.1.4, and any applicable shipping costs—will be initiated within 10 business days. If the pergola arrives damaged or in a condition that diminishes its resale value, PERGOLUX reserves the right to withhold a portion or the entirety of the refund, reflecting the reduction in value.

  6. Customer Risk: All returns are processed at the Customer’s risk. Should the pergola be damaged during transit, the Customer may file and pursue a claim with the carrier. PERGOLUX is not responsible for any damages incurred during return shipping.

Customers are eligible for returns within 14 calendar days of delivery.

18.2 Restocking Fee for Cancellations and Change Orders During Transit:

* If a Customer wishes to cancel a pergola delivery that is already in transit, a $1,000 recall and $500 restocking fee will be applied to cover associated costs, in addition to the 10% cancellation fee outlined in section 16.

18.3 Change Orders During Transit:

* If a Customer wishes to change a full pergola order that is already in transit, a $1,000 recall and restocking fee will be applied to cover associated costs. The standard cancellation fee of 10% will not apply if a Customer re-orders another pergola of equal or greater value.

18.4 Accessory Returns:

Accessory returns are eligible for a refund, provided the Customer covers all return shipping costs. All returned accessories are subject to inspection, and refunds may be reduced for damage or diminished product value.

Fees:
A 10% cancellation fee applies to wall-based accessories, including screens, glass doors, and aluminum or wood slat walls.

Standard Return Fees (per item):

Screen: $500 each (maximum $1,000.00)

Glass Wall: $750 each (maximum $1,000.00)

Aluminum/ Wood Slat Wall: $500 each (maximum $1,000.00)

Heater: $50.00

Everglow: $50.00

LED Kit: $50.00

Only PERGOLUX LLC Customers are eligible to return PERGOLUX LLC merchandise. A PERGOLUX LLC order number is required to initiate a return.

19. 100 Day Risk-Free Trial Policy

19.1 All pergolas and accessories purchased directly from PERGOLUX LLC are eligible for a 100-day risk-free return, providing Customers the opportunity to evaluate the product after installation.

19.2 To qualify for this benefit, the purchased items must be fully installed. 

19.3 The trial period begins 10 days after the product is dispatched from our warehouse, allowing up to 100 days for the Customer to initiate a return. 

19.4 The Customer is responsible for all return shipping costs, as outlined in the return policy above. No explanation for a return is required, and the Customer may initiate the return at any time within the trial period, provided the Customer meets the conditions noted above. 

19.5 Any damage to the product that was not reported at delivery will lead to a reduction in the issued refund.

19.6 The 100-day risk-free trial policy is intended to provide an extended window of return, should a customer be unsatisfied with their purchase. Note that our 10% standard cancellation fee, as well as restocking and shipping fees, still apply to orders cancelled under this policy. 

20. Refer a Friend Conditions

The following terms and conditions apply to PERGOLUX LLC’s referral program. 

20.1 Eligibility:

  • The referrer must be an existing Customer who has placed at least one order.

  • The referred friend must be a new customer who has never purchased from PERGOLUX before.

20.2 Purchase Requirement:

  • The referred friend must place an order after the referrer has received their order. This ensures the referral is genuine and not just an attempt to gain rewards.

20.3 Order Verification:

  • Both the referrer and the referred friend must contact customer service with their respective order numbers and confirm that the referral led to the purchase.

  • Verification must be completed within 30 days of the referred friend’s purchase.

20.4 Rewards:

  • Both the referrer and the referred friend will receive a free Everglow or a $150 gift card for the PERGOLUX Shop.

  • If you choose the gift card, it will be sent electronically.

  • Rewards are subject to verification and availability.

20.5 Terms and Conditions:

  • Limited to one reward per referral.

  • Fraudulent referrals will be disqualified.

  • The referred friend must purchase a Pergola to qualify for the reward.

20.6 General Terms:

  • PERGOLUX reserves the right to modify or cancel the promotion at any time.

  • By participating, you agree to these terms and conditions

21. Tax Exemptions

Customers seeking to apply federal or state tax exemptions must submit the relevant 503(c) documentation to accounting@pergoluxshop.com before making a purchase. Tax exemptions cannot be applied retroactively to existing orders. 

22. Custom Design

22.1 Exclusion to the Right of Withdrawal of Custom Design

For contracts regarding the delivery of goods that are not pre-made and for whose production an individual choice or decision by the consumer is essential, or that are clearly tailored to the personal needs of the consumer, there is no legal right of withdrawal. This particularly applies to our custom-made pergolas, conservatories, and custom-made accessories such as screens, wooden louvered walls, glass, and sliding glass panels.

22.2 Information on Exceptions to the Right of Withdrawal

Since our custom-made products are tailored to your specific wishes and individual needs, they cannot be used by others. Therefore, and due to the unique nature of these products, the right of withdrawal does not apply to these items. This protects both our business model and ensures clarity and transparency towards our customers.

22.3 Complaint

If despite everything, you discover defects in your custom-made product, you are of course entitled to your statutory warranty claims. In such cases, we kindly ask you to contact our customer service at customerservice@pergoluxshop.com, and we will find a suitable solution for you.

22.4 Tolerance

For custom-made pergolas, the exact measurements may have a tolerance of ± 0.59 inches.

22.5 Cancellation due to Extended Delivery Time

For orders of custom-made products that have a significantly longer delivery time than originally stated, we grant the right to cancel the purchase. If the actual delivery time is three times or more the expected delivery time stated on the product page, you may cancel your order.

Example: If an expected delivery time of 3 months is stated on the product page and the delivery takes 9 months or longer, you are entitled to cancel. Please contact our customer service at customerservice@pergoluxshop.com to cancel your order if such delays occur.

 

23. Final Provisions

These terms represent the full and final agreement between the Customer and PERGOLUX LLC. For any issues not covered by these terms, applicable laws of the State of Delaware will govern.