Terms & Conditions

1. Acceptance of Terms

By placing an order with Hygge Pergola, you explicitly acknowledge and agree to be bound by these legally binding Terms and Conditions. Hygge Pergola reserves the unqualified right to update or modify these terms periodically without prior notice.

2. Orders and Payments

The 25% deposit required when placing an order constitutes a binding contractual commitment. Failure to clear the remaining 75% balance may result in the immediate forfeiture of the deposit. Orders are subject to acceptance by Hygge Pergola. We expressly reserve the unequivocal right to decline or cancel an order at any time.

3. Lead Time and Delivery

The standard lead time for a pergola is 4-6 weeks. While we strive to meet delivery estimates, logistical issues may arise. In such cases, customers may be eligible for a refund if the extended lead time is unacceptable, consistent with the Consumer Rights Act 2015.

4. Returns and Refunds

Refer to our Returns Policy for detailed information on initiating returns, options available, inspection processes, and refund timelines. Customers are unequivocally responsible for return shipping costs unless explicitly stated otherwise in our Returns Policy. This condition complies with consumer rights under the Consumer Contracts Regulations 2013. Unused items may be returned within 30 days, adhering to the conditions outlined in our Returns Policy, consistent with the Consumer Contracts Regulations 2013.

5. Defective Items

Customers claiming a defective item must provide incontrovertible evidence of the defect. If validated, Hygge Pergola will, without hesitation, offer a refund or replacement, including the entire cost of return shipping. This process adheres strictly to consumer rights under the Consumer Rights Act 2015.

6. 30-Day Satisfaction Guarantee

Our 30-day satisfaction guarantee is designed to ensure customer confidence and peace of mind. Customers have the right to assemble and use the purchased pergola for up to 30 days after delivery. If, within this 30-day period, customers find quality issues that are unsatisfactory or if the actual quality differs significantly from the images presented during the purchase, they are eligible for a refund. To initiate the refund process, customers must contact us at Support@Hyggepergola.co.uk within the 30-day period, providing details of the quality issues and attaching relevant photographs. The customer must return the item in its original packaging, which must be intact, and the pergola must be disassembled. Refunds under the 30-day satisfaction guarantee are contingent on the identified quality issues being objectively attributable to manufacturing defects or a substantial discrepancy between the advertised and actual quality. If the packaging is not intact or the pergola is not disassembled, we reserve the right to reject the refund request. Additionally, if there are any additional damages to the item when we receive the return, we reserve the right to either reject the return or deduct the corresponding amount from the refund. This guarantee is in compliance with UK consumer law, providing customers with the statutory right to a refund in cases of misrepresentation of the product’s quality. The refund will be processed within a reasonable timeframe, typically falling within the range of 5 to 7 days, and will include the full purchase amount, including any incurred shipping costs. This 30-day satisfaction guarantee does not impact customers’ statutory rights under the Consumer Rights Act 2015 and other applicable UK consumer protection laws.

7. Warranty Coverage

Hygge Pergola UK offers a limited warranty covering manufacturing defects and structural integrity under normal use. Exclusions:

• The warranty does not cover damage caused by extreme weather conditions, including but not limited to storms, high winds, heavy snowfall, or flooding.
• Normal wear and tear, improper installation, and lack of maintenance are not covered.
• Customers must follow all care and maintenance guidelines provided, as failure to do so may affect warranty claims.

8. Customer Responsibility & Safety

• The customer is responsible for ensuring the pergola is installed correctly and securely, following the provided installation instructions.
• Customers must check and tighten all bolts and fastenings periodically to maintain safety and stability.
• Before use, customers should inspect the pergola for any signs of wear, loose components, or potential hazards.

9. Liability Disclaimer

• Hygge Pergola UK is not liable for damage, injury, or accidents caused by improper installation, misuse, or failure to maintain the pergola in accordance with our recommendations.
• Customers assume full responsibility for ensuring the pergola remains safe for use.

10. Weather Conditions & Usage Advisory

• Our pergolas are designed for typical UK weather conditions but are not suitable for extreme storms or high winds.
• In adverse weather conditions, we strongly advise that customers take precautions, such as securing or temporarily disassembling any movable parts.
• Customers are responsible for assessing local weather conditions and ensuring the pergola remains safe to use.
• Our pergolas are designed for residential use. If used in a commercial setting, additional structural reinforcements may be required, and Hygge Pergola UK accepts no liability for any issues arising from such use.

11. Force Majeure

Hygge Pergola UK is not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, extreme weather conditions, supply chain disruptions, acts of government, or any other unforeseen circumstances.

12. Intellectual Property

All designs, images, and content on the Hygge Pergola website are unequivocally protected by intellectual property laws. Any unauthorized use is categorically prohibited.

13. Limitation of Liability

Hygge Pergola shall not, under any circumstances, be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use our products, within the strict bounds set by the Unfair Contract Terms Act 1977.

14. Governing Law and Exclusive Jurisdiction

These Terms and Conditions are unequivocally governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Privacy

Hygge Pergola is unwaveringly committed to protecting customer privacy. Refer to our Privacy Policy for meticulous details on how we collect, use, and protect your personal information, ensuring compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

16. Contact Information

For inquiries, contact us at Support@Hyggpergola.co.uk

17. Force Majeure Clause:

Neither party shall be held liable for failure to perform its obligations under these Terms and Conditions due to unforeseen circumstances or events beyond reasonable control, including but not limited to natural disasters, strikes, or government actions.

18. Severability Clause:

In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

19. Dispute Resolution:

Any disputes arising from or in connection with these Terms and Conditions shall be resolved through mediation or arbitration, as outlined in the applicable dispute resolution clause incorporated herein.

20. Accessibility and Acknowledgment:

These Terms and Conditions are easily accessible on our website. By placing an order, customers explicitly acknowledge their acceptance of these terms through a checkbox during the ordering process.

21. Currency of Prices:

All prices are quoted in British pound sterling (GBP). Any variations due to currency exchange rates will be communicated transparently to customers.

21. Modification of Terms:

Hygge Pergola reserves the right to modify these Terms and Conditions. Customers will be duly informed of any changes.

22. Third-Party Rights:

No third parties have rights or obligations under these Terms and Conditions unless explicitly stated otherwise.

23. Acceptable Use Policy:

An acceptable use policy is outlined to specify how customers are expected to use Hygge Pergola’s products or services, providing clear guidelines for customers and protecting business interests.

24. Electronic Signature Acceptance:

Electronic signatures or acceptances (such as clicking “I agree”) are legally binding and equivalent to written signatures.

25. Clear Waiver Language:

The failure to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or any other provision.

26. Inspection of Returned Items:

We reserve the right to thoroughly inspect returned items upon receipt. If the returned item does not meet the specified conditions, including intact packaging and a disassembled pergola, we retain the right to reject the return or deduct a corresponding amount from the refund to cover any restoration costs.

27. Deduction for Restoration Costs:

In cases where a returned item requires restoration due to damages or incomplete disassembly, we reserve the right to deduct reasonable restoration costs from the refund amount. Customers will be notified of any deductions, and supporting documentation will be provided upon request.

28. Limitation of Liability:

Our liability for any damages, losses, or claims arising out of the purchase, use, or return of our products is limited to the total amount paid by the customer for the specific product in question. In no event shall we be liable for any consequential, indirect, or incidental damages.

29. Communication Preferences:

By providing us with your contact information, you consent to receive communication from us, including but not limited to order updates, promotional materials, and important notices. Customers can opt-out of promotional communication at any time. 

30. Installation Liability Disclaimer:

1. Installation Responsibility: The installation of the Hygge Pergola is carried out by SGK Distributions, an independent third-party service provider. By agreeing to these Terms and Conditions, you acknowledge that SGK Distributions assumes full responsibility for the proper and safe installation of the pergola, including but not limited to the assembly, bolt-down, and foundation.

Hygge Pergola does not accept any responsibility or liability for the installation process, including any damages or issues arising from it. This includes, but is not limited to, issues with the foundation, bolt-down, structural integrity, or any consequential damage resulting from improper installation.

2. Liability for Installation Issues: Any claims, disputes, or damages arising from the installation, including but not limited to foundation issues, improper bolt-down, or structural defects, must be directed to SGK Distributions. These matters will be handled in accordance with SGK Distributions’ policies, and they will bear full responsibility for resolving any installation-related issues.

Hygge Pergola will not be held liable for any damages, costs, or consequences arising from the installation process, including damage to property, improper foundation, failure to secure the pergola correctly, or any damages resulting from installation defects.

3. Wind and Weather-Related Damage: The Hygge Pergola is designed to withstand winds of up to 60 MPH only when the structure is correctly bolted down to a properly installed and adequate foundation. The foundation must meet the specifications of 40cm x 40cm x 40cm deep concrete with the correct type of concrete. In areas exposed to high winds or open conditions, we recommend using 60cm x 60cm x 60cm deep concrete foundations for enhanced stability.

If the foundation is incorrectly installed or the wrong materials are used, the pergola may not withstand wind speeds of 60 MPH, and Hygge Pergola and SGK Distributions will not be liable for any damage, injury, or loss caused by wind, weather, or natural events. The customer is solely responsible for ensuring that the installation complies with the required foundation specifications and installation guidelines.

4. No Liability for Improper Installation or Foundation: Hygge Pergola will not be liable for any damage, injury, or loss caused by improper installation or failure to meet foundation requirements, including but not limited to:

• Failure to use the correct type or depth of concrete for foundations.
• Failure to secure the pergola properly to the foundation.
• Structural damage, collapse, or instability due to inadequate foundations or incorrect installation.
• Damage to property or injury caused by a failure to meet installation and foundation requirements.

5. Exclusion of Liability for Extreme Weather: Hygge Pergola is not responsible for any damage, injury, or loss resulting from extreme weather conditions such as high winds, storms, or natural events. This includes circumstances where the pergola has not been installed or anchored correctly in accordance with the specified guidelines.

Customers are strongly advised to ensure that the foundation meets the required specifications, the pergola is properly anchored, and the installation is performed correctly. Failure to do so will void the warranty and may result in significant damage to the pergola, surrounding property, and potential injury.

6. No Liability for Future Installation or Reinstallation: Any requests for reinstallation or fixing the pergola due to failure of foundation, bolt-down, or improper installation will not be covered under any warranty or liability from Hygge Pergola or SGK Distributions. Customers are advised that any such work is entirely their responsibility, and they may incur additional costs if reinstallation or modifications are needed due to improper setup.

Ongoing Security & Customer Responsibility To ensure long-term stability and safety, customers are solely responsible for regularly inspecting their pergola to confirm that it remains securely anchored to the foundation. External factors such as ground movement, weather conditions, and general wear may affect the integrity of the bolt-down installation over time. Hygge Pergola and SGK Distributions accept no liability for any damage, injury, or loss caused by the pergola becoming unstable or unsecured after installation. If any loosening or instability is detected, it is the customer’s responsibility to take immediate action to reinforce the structure. We strongly recommend periodic checks and professional inspections to maintain stability. Heater Safety Warning During installation, pergola heaters are securely bolted to the pergola frame. However, customers are solely responsible for ensuring the heater remains securely fastened over time. No person should be positioned directly underneath the heater while in use. While the heater is designed for safety, there is a risk that it may become dislodged due to external factors such as improper installation, wear and tear, or external impact. Hygge Pergola and SGK Distributions accept no liability for any injury, damage, or loss resulting from heater use. We strongly advise customers to regularly inspect the heater and tighten any fixings as needed.