Terms & Conditions

These General Terms and Conditions (GTC) govern all contracts between Sky Pergola (the trade name under which the operator named in the Legal Notice below sells aluminium pergola systems and accessories) and the customer for orders placed for the United Arab Emirates market via skypergola.ae, in our showroom, by e-mail, by telephone, or in the course of a personal consultation. They are written to comply with UAE consumer law and never remove or reduce any right that UAE law gives you as a consumer.

1. Scope of Application

These GTC form an integral part of all contracts between Sky Pergola (hereinafter "Sky Pergola") and the contracting party (hereinafter "Customer"). They apply to all contractual relationships, regardless of whether the contract is concluded via our website (in particular www.skypergola.ae), in the showroom, by e-mail, by telephone, or within the scope of a personal consultation. These GTC apply in the version valid at the time the contract is concluded and take precedence over any conflicting terms of the Customer. Individual agreements made in writing prevail over these GTC. Where any provision of these GTC conflicts with the mandatory consumer rights granted to you under Federal Law No. 15 of 2020 on Consumer Protection and its Executive Regulation (Cabinet Decision No. 66 of 2023), those mandatory consumer rights prevail and the conflicting provision does not apply to you.

2. Conclusion of Contract (Electronic Contract)

For online orders, the product presentation in our shop is an invitation to make an offer. By selecting the goods, confirming that you accept these GTC (click-to-accept), and completing the checkout, you submit a binding offer to purchase. The contract is concluded when we accept that offer, which we do at the latest by sending you an order confirmation or by dispatching or commencing performance. Outside the online shop, a contract is concluded when the Customer accepts an offer in writing (by e-mail or signed) or receives a written order confirmation from Sky Pergola.

Electronic contracts and click-to-accept are valid, binding, and enforceable under Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services and Federal Decree-Law No. 14 of 2023 on Trading by Modern Technological Means. Before completing your order, you can review and correct your entries. We confirm receipt of your order electronically; this confirmation, together with these GTC, records the terms of your contract. The order confirmation is decisive for the scope and execution of the order.

3. Prices, Taxes and Tax Invoice

All prices are stated in UAE Dirhams (AED). Prices include 5% UAE Value Added Tax (VAT) where applicable, in accordance with Article 38 of Federal Decree-Law No. 8 of 2017 on Value Added Tax (as amended by Federal Decree-Law No. 18 of 2022). The price you see is the price you pay: we never charge more than the displayed price, we apply no surcharge for paying by card, and there are no hidden fees. Assembly, delivery, and any agreed additional services are shown separately before you order. Offers are valid for 14 days unless otherwise agreed in writing.

We issue a valid, dated Tax Invoice for every order. The invoice will show our Tax Registration Number (TRN) once our UAE VAT registration is complete. Where a refund is due, it includes the VAT element and is processed by way of a Tax Credit Note. Any non-refundable cancellation fee that may apply under section 5 is itself VAT-inclusive.

4. Standard Pergola and Custom-Made Pergola

A pergola is considered a standard model if all of the following criteria are met: standard size (3×3 m to 7×7 m, full meters only), standard height 2.52 m, color RAL 7016 Anthracite, and free-standing design. In this case, the delivery time is usually 2–3 working days from stock.

A pergola is considered a custom-made product if at least one of the following criteria applies: special size, special height, White color (RAL 9016) or another special color, wall mounting, or other structural modifications. In this case, the delivery time is approximately 3½ months from the order date.

Because custom-made products are manufactured to your individual specifications, and because pergolas installed at your premises are modified to fit, they are excluded from the voluntary change-of-mind return described in section 5. This exclusion is disclosed to you before purchase. It does not affect your statutory rights if the goods are defective, damaged, unsafe, not as described, or not delivered as agreed (see section 11).

5. Returns, Changes and Cancellations

No statutory cooling-off period. UAE law does not grant online buyers a general "cooling-off" or change-of-mind right to return goods simply because they have changed their mind. We state this openly to avoid any misunderstanding.

As a goodwill gesture only, and on the terms below, we may accept the return of defect-free standard stock goods that have not been installed. Such a voluntary return requires our prior written consent and must be requested within 14 days of receipt. In this case, the purchase price is refunded less a cancellation and restocking fee of 10% of the product price (stated inclusive of 5% UAE VAT where VAT applies), and the Customer bears the return shipping costs. This voluntary policy does not apply to custom-made or installed products and does not limit your statutory rights in any way.

An order may be canceled free of charge within 24 hours of conclusion of the contract, before it is shipped or put into production. After that 24-hour window, the order is binding, subject only to the discretionary goodwill return described above and your statutory rights; we are not otherwise obliged to accept a change or cancellation of a stock order. Custom-made products can no longer be changed or canceled once production has started.

No restocking, cancellation, or similar fee is ever applied when you are exercising your statutory rights in relation to defective, damaged, unsafe, misdescribed, or undelivered goods (see section 11).

6. Delivery, Collection and Assembly

Delivery is made by freight forwarder to the address specified by the Customer or to an agreed collection point, with delivery available across the United Arab Emirates. Delivery is made to the curbside or parking area. Carrying the goods into the premises is not part of standard delivery. We will agree on a delivery time frame with you; if we are unable to deliver within the agreed time, you may contact us to agree on a new date or, where the law allows, to cancel and obtain a refund.

If assembly has been agreed, one trip to the site is included in the agreed price. Additional trips are charged separately. The Customer is obliged to ensure that the foundations are properly prepared, the ground is level and load-bearing, a power connection is prepared, and access to the construction site is guaranteed. Additional costs arising from insufficient preparation will be invoiced separately.

Obtaining all permits and approvals (authorities, building owner, landlord, community, neighbors, etc.) is the sole responsibility of the Customer. The absence of a permit does not affect the validity of the contract.

7. Terms of Payment

Private customers generally make a 50% down payment upon order and a 50% final payment before delivery or assembly. Different payment models can be agreed in writing. All invoices are payable net within 10 days. Accepted payment methods are shown at checkout and may include bank transfer, credit card, and other methods offered there. We do not charge any surcharge for paying by card.

8. Reservation of Title

The delivered pergola remains the property of Sky Pergola until all claims arising from the contract have been paid in full. Ownership passes to the Customer upon full payment. This reservation of title applies so far as it is permitted under the laws of the United Arab Emirates and does not affect the passing of risk under section 9.

9. Transfer of Benefit and Risk

In the case of delivery without assembly, benefit and risk pass to the Customer when the goods are handed over to the Customer or to a carrier nominated by the Customer. In the case of agreed assembly, the transfer takes place upon acceptance of the completed installation by the Customer. Your statutory rights in respect of goods that arrive damaged or defective are not affected by this section.

10. Inspection and Notice of Defects

The Customer should inspect the goods upon receipt. Visible transport damage should be reported to the carrier on delivery and notified to Sky Pergola in writing within 48 hours of receipt so that we can deal with the carrier. Reporting transport damage promptly helps us resolve it quickly; this inspection request does not limit your statutory remedies for defective, unsafe or non-conforming goods, which remain available within the periods provided by UAE law.

11. Your Statutory Rights for Defective or Non-Conforming Goods

If the goods are defective, damaged on delivery, unsafe, not as described, or not delivered as agreed, you are entitled to have them repaired or replaced, or to receive a full refund, at no cost to you. These remedies are granted under Article 12 of Federal Law No. 15 of 2020 on Consumer Protection and under Federal Decree-Law No. 14 of 2023, and they cannot be waived or reduced by these GTC. No restocking, cancellation or handling fee is charged for any of these statutory remedies.

In addition:

If a repair takes 14 days or more, we will provide you with an equivalent product to use in the meantime.
If the same defect recurs within the first year, you may choose either a full refund or a replacement.
Where a remedy involves a refund, it is processed by way of a Tax Credit Note and includes the VAT element.

12. Manufacturer's Warranty

In addition to your statutory rights above, Sky Pergola grants the following warranty periods:

10 years on the aluminium construction
4 years on moving parts
2 years on electrical components

The warranty covers material and manufacturing defects and entitles you to repair or replacement of the affected part. After we repair or replace an item under warranty, the warranty for that item restarts from the date you receive the repaired or replacement item. Required spare parts are supplied within 7 days where the part is regularly stocked, and within 14 days where it is not.

Excluded from the warranty are damage caused by normal wear and tear, improper assembly, tampering or unauthorised modification, and force majeure or storm damage. Warranty work is carried out on the freely accessible product. To make a warranty claim or arrange maintenance or spare parts, please contact us using the details in the Legal Notice below. This warranty is in addition to, and does not limit, your statutory rights under section 11.

13. Limitation of Liability

Our liability is limited to the maximum extent permitted by the laws of the United Arab Emirates. Nothing in these GTC excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud, gross negligence, death or personal injury, or any of your mandatory consumer rights. Minor deviations in colour, structure, or dimensions are deemed accepted, provided that fitness for use is not significantly impaired. Where these GTC or your order specify a pre-agreed amount of compensation, a competent UAE court may adjust that amount to reflect the actual loss suffered, in accordance with Federal Law No. 5 of 1985 (the Civil Code).

14. Right of Withdrawal of Sky Pergola

Sky Pergola is entitled to withdraw from the contract in the event of default of payment, insolvency, ongoing debt-collection proceedings, or other significant economic risks of the Customer. In this case, all claims become immediately due. This does not affect your statutory consumer rights.

15. Data Protection

The controller responsible for the processing of personal data is Spa Solutions GmbH (see Legal Notice below; this role will transfer to our UAE entity once it is registered). We process your personal data in accordance with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL), which is supervised by the UAE Data Office.

The lawful basis for processing the data needed to handle your order, delivery, installation, and after-sales service is the performance of our contract with you. For marketing, we rely on your separate, optional consent, which you can withdraw at any time. Under the PDPL, you have the right to be informed and to access your data, and to have it rectified, erased, or restricted, to object to its processing, to data portability, and to object to decisions based solely on automated processing.

To provide our service we use processors, including Shopify (online store hosting), and our payment, shipping, installation and analytics service providers. Some of these providers, including Shopify, are located in Switzerland and the EU, so your data may be transferred outside the UAE. We make such cross-border transfers in accordance with Articles 22 and 23 of the PDPL: the transfer is necessary to perform our contract with you, is covered by your express consent where required, and is protected by appropriate contractual safeguards (such as standard contractual clauses). We apply appropriate technical and organisational security measures, including encryption of data in transit and access controls, and where required we notify the UAE Data Office and affected customers of any personal data breach. You may exercise your rights or ask any data-protection question using the contact details below.

16. Applicable Law, Jurisdiction and Complaints

These GTC and any contract concluded under them are governed by the laws of the United Arab Emirates. The competent onshore courts of Dubai, UAE, have jurisdiction over any dispute. Nothing in these GTC removes or limits the mandatory rights you have as a consumer under UAE law; where any provision conflicts with those mandatory rights, the mandatory rights prevail.

If you have a complaint, please contact us first using the details below so that we can resolve it. If the matter remains unresolved, you may contact the UAE Ministry of Economy (consumer protection hotline 600-522-225, consumerrights.gov.ae) or the Dubai Department of Economy and Tourism (DET) consumer protection service.

17. Language

These consumer terms are also available in Arabic on request. In case of any question about meaning, please contact us using the details below.

Legal Notice (Imprint)

Operator and legally responsible seller:

Spa Solutions GmbH
Althau 1, 5303 Würenlingen, Switzerland
Commercial register (Switzerland): CHE-228.056.190
Managing owner: Dylan Ayer

Sky Pergola is operated for the UAE market by the above Swiss company, which is the current contracting party and legally responsible seller for skypergola.ae. A UAE establishment and trade licence is in formation. The UAE trade-licence number and the UAE Tax Registration Number (TRN) will be shown here once our UAE registration is complete.

UAE customer contact: