Up to 40% discount BLACK FRIDAY SALE!
Up to 40% discount BLACK FRIDAY SALE!
These terms and conditions govern all orders placed with PatioSphere through our online store, including orders made via phone, chat, email, or direct checkout on Woocommerce.
The purchase contract is established between two parties: the Customer and PatioSphere 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 PatioSphere to amend the contract. Failure to do so within 24 hours will be at the Customer’s risk, and PatioSphere cannot be held liable for any misunderstandings, incorrect items, or additional costs resulting from discrepancies that the Customer did not promptly address.
PatioSphere 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.
1.1 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.
2.1 PatioSphere 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.
3.1 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.
Payment for PatioSphere 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.
Ownership of goods remains with PatioSphere until payment is made in full.
6.1 Warranty Coverage
A PatioSphere pergola is covered by a tiered warranty:
5-Year Warranty: Applies to structural components like columns, base plates, and beams.
2-Year Warranty: Covers movable parts, including louvers, hand cranks, and mechanisms.
2-Year Warranty: Applies to accessories and electrical components.
6.2 Warranty Activation
The warranty period starts from the moment of delivery. The original receipt serves as a warranty certificate.
6.3 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.
6.4 Exclusions
The warranty does not cover:
Environmental or natural disaster damage (e.g., extreme weather, sun fading) that is not covered by PatioSphere’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.
6.5 Filing a Warranty Claim
Customers should submit claims within 30 days of identifying an issue by emailing sales@PatioSphere.com with proof of purchase and photos. Approved claims will be processed within 30 days.
6.6 Additional Terms
Warranty benefits may be withheld if any outstanding payments to PatioSphere remain.
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.
PatioSphere 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.
Prior to engaging any third-party installer, customers must verify that all parts have arrived in full and are free from damage. PatioSphere is not liable for any costs or delays resulting from incomplete deliveries or scheduling issues. Furthermore, PatioSphere assumes no responsibility for any damages or issues arising from installation performed by third-party installers.
10.1 In the event that goods are delivered with visible transport damage, it is essential that the Customer notify the carrier immediately and contact PatioSphere’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.
10.2 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.
11.1 This website is only for delivery of products to customers within the mainland United States. PatioSphere does not deliver to Hawaii or Alaska, unless a separate shipping agreement is reached between PatioSphere and the Customer. This also applies to all delivery destinations outside of the contiguous states of the US.
11.2 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. PatioSphere shall not be liable for any delay or failure to deliver the products within estimated or stated timescales.
11.3 All items must be checked within 7 days of receipt of goods. PatioSphere 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.
11.4 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. PatioSphere 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.
If there are defects with a purchased product, the Customer is entitled to statutory warranty rights. Contact our customer service at sales@PatioSphere.com for assistance.
13.1 All items must be checked within 7 days of receipt of goods. PatioSphere 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.
13.2 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. PatioSphere reserves the right to provide a replacement product if obtainable.
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.
Cancellation Request: To cancel an order, Customers must contact Customer Service via phone, email, or live chat. Applicable fees will be determined based on the time the cancellation request is made.
15.1 Full pergola return:
If a Customer seeks to return a full pergola post-delivery, the following terms shall apply:
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.
Shipping Options: The Customer may choose to contract their own carrier or use PatioSphere’s shipping partner to handle the return shipment.
Shipping Costs: If the Customer opts to use PatioSphere’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.
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, resellable condition, a refund—less any applicable shipping costs and restocking fee—will be issued within one week. However, if the pergola arrives damaged or in a condition that diminishes its resale value, PatioSphere reserves the right to withhold a portion or the entirety of the refund, reflecting the reduction in value.
Customer Risk: All returns are processed at the Customer’s risk. Should the pergola be damaged during transit, the Customer may file a claim with the carrier. PatioSphere is not responsible for any damages incurred during return shipping.
15.2 Restocking Fee for Cancellations During Transit:
* If a Customer wishes to cancel a pergola delivery that is already in transit, a $1,000 recall and restocking fee will be applied to cover associated costs.
15.3 Accessory Returns:
Accessory returns are eligible for a refund, provided the Customer covers all return shipping costs. The same inspection policies apply with deductions applicable for damage or diminished product value.
Note that glass walls and screens are considered freight items, and will be subject to higher shipping costs of $1,000.
15.4 Only PatioSphere Customers are eligible to return PatioSphere merchandise. A PatioSphere order number is required to initiate a return.
Customers seeking to apply federal or state tax exemptions must submit the relevant 503(c) documentation to sales@PatioSphere.com before making a purchase. Tax exemptions cannot be applied retroactively to existing orders.
These terms represent the full and final agreement between the Customer and PatioSphere. For any issues not covered by these terms, applicable laws of the State of Delaware will govern.
