Terms & Conditions

Section 1: Introduction
These Terms and Conditions (“Terms”) govern your use of the website (“Website”) operated by Hygge Pergola LLC, located in Delaware, USA (“we,” “our,” or “Hygge Pergola”). By accessing or using our Website, you agree to comply with these Terms. If you do not agree to these Terms, you must not use our Website or purchase products from us.

Section 2: Acceptance of Terms
By accessing or using our Website, you accept and agree to be bound by these Terms, along with any additional terms or conditions applicable to specific features, services, or products we may offer.

Section 3: Changes to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be effective when posted on this page. You are responsible for reviewing these Terms periodically. Your continued use of the Website constitutes acceptance of any changes.

Section 4: Product Information
We make every effort to display the products on our Website accurately, including descriptions and images. However, we cannot guarantee that the color or appearance of products on your device will be an exact representation. We reserve the right to correct any errors in product descriptions, pricing, or availability at any time without prior notice.

Section 5: Ordering Process
When you place an order on our Website, you make an offer to purchase the selected products. We reserve the right to accept or reject any order. An order confirmation will be sent via email once your order is accepted. You are responsible for ensuring that all information provided is accurate and complete.

Section 6: Payment Terms
We accept various payment methods, including credit cards and other forms of online payment. All payments are processed securely. You agree to provide accurate payment details and authorize us to charge the total amount of your order, including any applicable taxes and shipping fees. Prices are subject to change without notice.

Section 7: Shipping and Delivery

Shipping fees are calculated at checkout based on the delivery address. Delivery times vary depending on your location and the shipping method chosen. We do not guarantee delivery dates and are not liable for delays caused by third-party carriers. Upon shipment, you will receive tracking information. You are responsible for accepting the delivery of the products and any additional fees for missed deliveries or refusals.

Section 8: Shipment and Delivery
Delivery of goods will be made through a third-party carrier facilitated by Hygge Pergola. Once dispatched, you will be notified by email and/or phone. It is your responsibility to accept the delivery. In the event of a missed delivery, you are required to arrange re-delivery or collect the goods from a designated point. Any additional charges due to customer actions, such as missed deliveries, refusals, or non-collection, are the responsibility of the customer. If applicable, we may charge you for any extra fees incurred by the shipping carrier, including storage fees, up to $100 per day. We may also withhold delivery until any outstanding charges are paid.

Manufacturing and delivery times are approximate and not guaranteed. We are not liable for any delays in delivery. If you receive more products than invoiced, you must notify us within 48 hours of delivery. Failure to notify us may result in additional charges for the unbilled products.

Section 9: Returns and Refunds
You may return defective products within 30 days from the delivery date, provided they are in the original packaging and in new, unused condition. Non-defective returns are subject to restocking fees, and shipping costs are non-refundable. If you received a defective product, please contact us within 24 hours with photographic evidence.

Section 10: Warranty
Our Hygge Pergola products come with a 10-year warranty that covers the structural integrity of the aluminum frame. This warranty does not cover damage caused by improper installation, misuse, or extreme weather conditions (e.g., hurricane-force winds). The warranty is void if the product is not used in accordance with our installation and maintenance guidelines. Please refer to the product documentation for detailed warranty terms.

Section 11: Installation and Use
Installation is not offered by us. You are solely responsible for ensuring the correct installation of the product. We are not liable for any damages or injuries caused by improper assembly or misuse. It is your responsibility to ensure that the product complies with local building codes and regulations.

Section 12: Prohibited Uses
You agree not to use the Website or our products for any unlawful purpose or in a way that could damage, disable, or interfere with the Website’s functionality. Prohibited uses include, but are not limited to:

• Infringing on intellectual property rights
• Harassing or defaming others
• Uploading harmful viruses or malicious code
• Engaging in fraud, phishing, or other deceptive practices

Section 13: Limitation of Liability
We do not guarantee that your use of the Website will be uninterrupted, secure, or error-free. To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, or consequential damages, including lost profits, arising from your use of our products or Website.

Section 14: Indemnification
You agree to indemnify and hold harmless Hygge Pergola and its affiliates, employees, and contractors from any claims, losses, or damages, including reasonable attorney’s fees, arising from your use of the Website, your violation of these Terms, misuse of products, or any third-party claims.

Section 15: Force Majeure
We will not be held liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, but not limited to:

• Natural disasters (e.g., hurricanes, earthquakes, floods)
• Pandemics, epidemics, or health crises
• Acts of government or regulatory authorities
• Labor disputes or shortages
• War, terrorism, or civil unrest
• Interruptions in transportation or supply chains
• System failures, including technology or server outages
• Other events or circumstances beyond our control

In such cases, we will make reasonable efforts to resume performance as soon as reasonably possible. You acknowledge that delivery or other services may be delayed due to these circumstances, and no liability will be incurred by Hygge Pergola for such delays.

Section 16: Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Section 17: Termination
We may terminate or suspend your access to our Website at our sole discretion, without notice, if you breach these Terms or engage in any prohibited activities.

Section 18: Governing Law and Dispute Resolution
These Terms, including any warranties, are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are excluded from these Terms.

• Good Faith Negotiations: Before initiating any formal legal action, the parties agree to make reasonable efforts to resolve any dispute, claim, question, or disagreement arising from or relating to these Terms through consultation and good faith negotiations. You agree to first attempt to resolve any dispute directly with us by contacting our customer service team.
• Arbitration: If the dispute cannot be resolved through good faith negotiations, it shall be submitted to binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be held in New York, NY, and the decision of the arbitrator will be final and binding. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Injunctive Relief: Nothing in this section shall prevent either party from seeking immediate injunctive relief or other equitable remedies from a court of competent jurisdiction, including to prevent harm that cannot be fully addressed by arbitration. Any request for injunctive relief will not be deemed incompatible with this arbitration agreement.
• Confidentiality: The parties agree that all proceedings, evidence, and the final arbitration award will be kept confidential, except to the extent required by law or to enforce an award in court. Arbitration proceedings, including all evidence, documents, and the final award, shall not be disclosed to third parties, except as necessary to protect a legal right, or as required by applicable law.
• Waiver of Jury Trial and Class Actions: By agreeing to these Terms, you waive your right to a jury trial in any judicial proceeding. In addition, you agree to bring any claims or disputes only in your individual capacity and not as part of a class or representative action. No arbitrator or judge may consolidate more than one party’s claims or preside over any form of a representative or class proceeding unless both parties agree to such a consolidation.

Section 19: Insurance
Optional insurance for loss or damage during transit is available at checkout. Once purchased, this coverage cannot be canceled. By selecting the insurance option, you agree to pay the service fee as outlined during checkout. If you choose not to purchase insurance, you assume full responsibility for any loss or damage during transit.

Section 20: Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@hyggepergola.com
Phone: +1 888 421 6751
Address: Hygge Pergola LLC, 8 The Green STE B, Dover, DE 19901