1. Acceptance of Terms

Welcome to Pergola Cave. By accessing or using our website, placing an order, or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and Pergola Cave. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website.

2. Products and Orders

Product Information

We strive to provide accurate product descriptions, specifications, and images. However, we do not warrant that product descriptions, colors, or other content are accurate, complete, or error-free. Product specifications may change without notice.

Pricing

All prices are in USD and subject to change without notice. We reserve the right to correct pricing errors. If a product is listed at an incorrect price, we may cancel the order and notify you.

Order Acceptance

Your order is an offer to purchase products from us. We reserve the right to accept or decline any order for any reason. Order confirmation does not constitute acceptance; your order is accepted when we ship the product or confirm custom manufacturing has begun.

Custom Orders

Custom-sized or configured pergolas are made to order and are final sale. Lead times for custom products are estimates and may vary. Once custom manufacturing begins, orders cannot be modified or cancelled.

3. Payment Terms

Payment is due at the time of order. We accept major credit cards, PayPal, and financing through approved partners. By providing payment information, you represent that:

• You are authorized to use the payment method
• Payment information is accurate and current
• You will pay all charges incurred

For financing options, separate terms and conditions from our lending partners apply.

4. Shipping and Delivery

We offer free shipping to the continental United States. Delivery times are estimates and not guaranteed. We are not responsible for delays caused by:

• Shipping carrier delays
• Weather conditions or natural disasters
• Incorrect shipping information provided by customer
• Customer unavailability to receive delivery

Title and risk of loss transfer to you upon delivery to the carrier. You are responsible for inspecting shipments upon delivery and reporting any damage within 48 hours.

5. Returns and Refunds

Standard Products

Unopened standard products in original packaging may be returned within 30 days of delivery for a refund, subject to a 25% restocking fee plus return shipping costs. To initiate a return, contact our customer service team.

Custom Products

Custom-configured or custom-sized products are final sale and cannot be returned or refunded except for manufacturing defects covered under warranty.

Damaged or Defective Products

If you receive damaged or defective products, contact us within 48 hours of delivery with photos of the damage. We will replace damaged parts at no charge or provide a full refund if the product cannot be replaced.

6. Warranties and Disclaimers

Our products are covered by the warranties described on our Warranty Information page. EXCEPT AS EXPRESSLY SET FORTH IN OUR WARRANTY, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We do not warrant that our website will be uninterrupted, secure, or error-free. We are not responsible for technical malfunctions or failures beyond our control.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERGOLA CAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Loss of data or business opportunities
• Property damage not directly caused by our products
• Personal injury not caused by product defects

Our total liability for any claim shall not exceed the amount you paid for the product giving rise to the claim.

8. Installation

Products must be installed according to provided instructions and local building codes. Improper installation voids warranty coverage. If you hire third-party installers:

• Verify they are licensed and insured
• Ensure they follow our installation guidelines
• We are not responsible for installation errors by third parties

For professional installation services provided by Pergola Cave, separate service terms apply.

9. Intellectual Property

All content on our website, including text, images, logos, designs, and software, is the property of Pergola Cave or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute our content without express written permission.

10. User Accounts

If you create an account on our website, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized use
• Providing accurate and current information

We reserve the right to suspend or terminate accounts that violate these Terms.

11. Prohibited Uses

You may not use our website or services to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with other users' access to the website
• Collect user information without consent
• Make fraudulent purchases or use stolen payment methods

12. Dispute Resolution

Any dispute arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits. This arbitration clause does not apply to warranty claims or disputes that can be resolved in small claims court.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in Los Angeles County, California.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, along with our Privacy Policy, Return & Refund Policy, Warranty Information, and Accessibility Statement, constitute the entire agreement between you and Pergola Cave regarding the use of our website and services, superseding any prior agreements.

16. Contact Information

For questions about these Terms of Service, please contact us: