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1. Scope of application
The following General Terms and Conditions (GTC) form an integral part of all contracts between Sky Pergola (hereinafter “Sky Pergola”) and the contractual partner (hereinafter “Customer”).
They apply to all contractual relationships, regardless of whether the contract is concluded via our websites (in particular www.skypergola.de or online marketplaces), by email, by telephone or as part of a personal consultation.
These GTC apply in the version valid at the time the contract is concluded and take precedence over any terms and conditions of the customer.
To be valid, individual agreements must be made in writing.
2. Conclusion of contract
A contract is concluded as soon as the customer accepts a quote in writing (by email or signed), completes an order via the online shop, or receives a written order confirmation from Sky Pergola.
If an order confirmation is sent to the customer by email and the customer does not notify us in writing of a withdrawal or objection within 14 calendar days, the contract is deemed to have been accepted automatically.
Only the order confirmation is authoritative for scope and execution.
3. Prices and quotes
Catalogue and list prices are indicative and may be adjusted at any time. Quotes are valid for 14 days unless otherwise agreed in writing.
Assembly, delivery and additional costs are shown separately.
4. Standard pergola and custom-made pergola
A pergola is considered a standard model if the following criteria are met:
In this case, the delivery time is generally 2–3 working days from stock.
A pergola is considered custom-made if at least one of the following criteria applies:
In this case, the delivery time is approx. 3–4 months from order.Custom-made items are excluded from withdrawal.
5. Changes and cancellations
Changes or cancellations for stock items are possible within 14 days after conclusion of the contract.
Custom-made items cannot be changed or cancelled once production has started.
Returns of non-defective stock items are only possible with prior written consent from Sky Pergola. In this case, a credit note of up to 80% of the sales price will be issued. Shipping costs are borne by the customer.
6. Delivery, collection and installation
Delivery is made by freight carrier to the address provided by the customer or to an agreed collection warehouse. Delivery is made to the kerbside or parking area.
Delivery dates are non-binding. Claims for damages due to delivery delays are excluded.
If installation has been agreed, one trip is included in the price. Additional trips will be charged separately.
The customer is obliged to ensure that:
Additional costs due to insufficient preparation will be invoiced separately.
7. Payment terms
As a rule, private customers pay:
All invoices are payable within 10 days net.
Accepted payment methods:
8. Retention of title
The delivered pergola remains the property of Sky Pergola until all claims have been paid in full.
9. Transfer of benefit and risk
In the case of delivery, benefit and risk pass to the customer upon leaving the warehouse. If installation has been agreed, the transfer takes place upon acceptance by the customer.
10. Inspection and notice of defects
The customer must inspect the goods immediately upon receipt.
Transport damage must be reported immediately to the supplier and additionally notified in writing to Sky Pergola within 5 working days.
11. Warranty
Sky Pergola grants the following warranty periods:
The warranty excludes damage caused by:
12. Disclaimer of liability
Any further liability for direct or indirect damage is excluded to the extent permitted by law.
13. Data protection
Personal data is used exclusively for contract processing and customer communication.
14. Applicable law and place of jurisdiction
Only Swiss law applies.
Place of jurisdiction is Baden (AG), Switzerland.
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