Terms of service
Pergolux AU | Terms of Service
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, availability is not guaranteed, and the information provided on this site does not constitute a binding offer to sell.
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. We retain ownership of the products until full payment has been received from the Customer.
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.
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.Our failure or delay in exercising or enforcing any of our rights or remedies under these terms does not constitute a waiver of those rights.
1.10 If any part of these terms is found to be invalid or unenforceable, the remainder will still apply to the fullest extent permitted by law.
1.11 The Customer may not assign any of your rights or obligations without our written consent.
1.12 These Terms are governed by the laws of New South Wales, Australia, and the courts of that jurisdiction have exclusive authority over disputes.
2. Force Majeure
2.1 We will not be held responsible for any delay or failure to perform our obligations if caused by events beyond our reasonable control. If such an event occurs, we will notify you as soon as possible and work to minimise any impact.
3. Prices
3.1 The price shown for the products includes GST (where applicable) but excludes delivery charges unless otherwise stated.
3.2 We aim to ship free Australia-wide. However, there are some areas in Australia that will incur a fee. In this case, we will contact you to find the best solution, or you can contact us prior to purchase.
3.3 The reductions shown in clearance sections are reductions from the original price charged on the website.
3.4 We reserve the right to correct pricing errors. If an error occurs, we will contact you to confirm the correct price or cancel the order and issue a full refund.
4. Delivery
4.1 This website is for delivery to customers Australia wide.
4.2 We make every effort to deliver goods within reasonable timeframes. Delays may occur due to factors outside our control. If a delay occurs, we will notify you as soon as possible. Any charges associated with failure to accept delivery will be borne by the Customer.
4.3 All items must be checked within 30 days to help us resolve issues quickly, but this does not limit your rights under the Australian Consumer Law.
4.4 Risk of loss and damage of products passes to the Customer when delivery is received.
4.5 You must provide accurate delivery details; we are not responsible for failed deliveries due to incorrect or incomplete information.
4.6 Should a delay occur within our knowledge, then every effort will be made to advise the Customer.
5. Payment
5.1 Payment is processed automatically when the order is placed. All goods are subject to availability. If we are unable to supply the goods, we will notify the Customer as soon as possible. A full refund will be provided if the Customer has already paid for the goods and we are unable to supply them.
5.2 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 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 cancelling 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 GST (where applicable) at the applicable current rates but may exclude delivery charges, unless expressly stated otherwise.
5.4 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.
5.5 Payment can be made by any method specified on the website.
6. Refunds/Return Policy
6.1 All items must be checked within 7 days of receipt of goods – any issues must be reported immediately when goods are opened, not once pergola has been assembled.
PERGOLUX Pty Ltd. 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. Pergolux Pty Ltd. reserves the right to provide a like for like replacement product if available.
6.4 No refund or exchange is offered for change of mind (In accordance with Australian Consumer Law) once items have been despatched from our warehouse. In the event a cancellation is requested before goods are sent (but order has been packed) a 5% restocking fee will apply.
7. Returning an item
7.1 Where a product is being returned due to fault or damage (where agreed) it must be appropriately re-packaged and clearly labelled as advised, for its return.
7.2 Refunds shall be processed on return once quality checks have been completed
7.3 Where a product is damaged or faulty we shall organise the collection. All items to be returned must be in the original packaging the items arrived in as these need to be as secure as possible for the courier to collect (where this is not possible, please discuss with our customer service team first). Failure to do this may result in a non collection fee.
7.4 If a collection has been agreed and arranged with the Customer, and yet on arrival at the property it could not be executed, then a wasted journey fee may be chargeable.
8. Warranty
8.1 PERGOLUX Pty Ltd offers a warranty that stretches beyond legislation: you will receive no less than a 10 Years Warranty.
8.2 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.
8.3 Warranty Conditions
This warranty is non-transferable and valid only for the original purchaser in Australia. It covers the original purchase price or replacement of parts, with the Customer responsible for the installation of any replacement components.
8.4 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. Confidentiality
9.1 All Customer information including credit/debit card details are subject to and in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Such details are not passed to third parties nor used in unsolicited communication.
10. Consumer Rights
10.1 The above Terms and Conditions do not affect the Customer’s statutory consumer rights.