General Terms and Conditions (GTC)

SkyPergola – Aluminium Pergola Systems

1. Scope

The following General Terms and Conditions (GTC) form an integral part of all contracts between SkyPergola (hereinafter "SkyPergola") and the contracting party (hereinafter "Customer").

They apply to all contractual relationships, regardless of whether the contract is concluded via our websites (in particular www.skypergola.ch or online marketplaces), in the showroom, by e-mail, telephone or during a personal consultation.

These GTC apply in the version valid at the time of contract conclusion and take precedence over any terms and conditions of the Customer.

Individual agreements require written form to be valid.

2. Conclusion of Contract

A contract is concluded as soon as the Customer accepts a quote in writing (by e-mail or signed), places an order via the online shop, or receives a written order confirmation from SkyPergola.

If the Customer receives a written order confirmation by e-mail and does not notify a withdrawal or objection in writing within 14 calendar days, the contract is deemed legally accepted automatically.

The order confirmation exclusively determines the scope and execution.

3. Prices and Quotes

Catalogue and list prices are guideline prices and may be adjusted at any time. Quotes are valid for 14 days unless otherwise agreed in writing.

Installation, delivery and additional costs are shown separately.

4. Standard Pergola and Custom Pergola

A pergola is considered a standard model if the following criteria are met: standard size (3×3 m to 7×7 m, only whole meters), standard height 2.52 m, colour RAL 7016 Anthracite, and freestanding design. The delivery time in this case 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, colour white (RAL 9016) or other special colour, wall mounting or other structural adjustments. The delivery time in this case is 12–16 weeks.

The start of the delivery period depends on the Customer's written approval of the installation plan, as production can only begin after this approval. If the approval is delayed, the delivery period is extended accordingly.

If a special colour is chosen (RAL colour adjustment), the delivery time is extended by approximately 3 weeks, as powder coating is done in a separate production run.

All delivery times are guideline values within the meaning of clause 6 and do not constitute binding delivery dates. Custom-made products are excluded from withdrawal.

5. Changes and Cancellations

Changes or cancellations of stock items are possible within 14 days after contract conclusion. Custom-made products cannot be changed or cancelled after production has started.

Returns of non-defective stock goods are only possible with prior written consent from SkyPergola. In this case, a credit of up to 80% of the sales price will be issued. Shipping costs are borne by the Customer.

6. Delivery, Pickup and Installation

Delivery is made by freight forwarder to the address provided by the Customer or to an agreed pickup warehouse. Delivery is made to the curb or parking lot. Bringing the goods inside is not part of the delivery.

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 agreed price. Additional trips will be charged separately. The Customer is obliged to ensure that the foundations are correctly made, 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 charged separately.

Obtaining all permits (municipality, neighbours, landlords, etc.) is solely the responsibility of the Customer. The absence of a permit does not affect the validity of the contract.

7. Payment Terms, Retention and Set-off

Private Customers generally pay 50% deposit upon order and 50% balance before delivery or installation. Deviating payment models can be agreed in writing.

All invoices are payable net within 10 days.

Accepted payment methods are bank transfer, EC card, credit card, Twint or purchase on account via an external payment provider.

If an order is not yet fully completed – in particular because a defect or remaining work is still open after installation or a damage case is being processed – the Customer is entitled to retain a reasonable part of the outstanding invoice amount until completion.

The retention is limited to the estimated cost to remedy the reported defect, but at most 10% of the total order volume. Any retention beyond this as well as withholding the entire outstanding invoice amount is expressly excluded. The part of the invoice not retained remains due for payment within the agreed payment terms; retention does not constitute a deferral for the remaining amount.

Example: If the total order volume is CHF 20’000.– and a final invoice of CHF 10’000.– is outstanding while a defect remains after installation, a maximum of CHF 2’000.– may be retained. The remaining CHF 8’000.– must be paid on time.

The retained amount becomes due upon remedy of the defect or completion of the case.

Set-off against counterclaims of the Customer is excluded unless these are acknowledged in writing by SkyPergola or legally established by a court.

8. Retention of Title

The delivered pergola remains the property of SkyPergola until full payment of all claims.

SkyPergola is entitled to register the retention of title in the relevant register at the Customer's expense.

9. Transfer of Benefits and Risks

Upon delivery, benefits and risks pass to the Customer when leaving the warehouse. For agreed installation, transfer occurs upon acceptance by the Customer.

10. Inspection and Notification of Defects

The Customer must inspect the goods immediately upon receipt. Transport damages must be reported immediately to the supplier and additionally notified in writing to SkyPergola within 5 working days.

Transport damages reported later cannot be considered.

11. Warranty

SkyPergola grants the following warranty periods: 10 years on the aluminium construction, 5 years on moving parts and 2 years on electrical components.

The warranty is limited to repair, replacement, price reduction or refund. There is no claim to a new delivery.

Excluded from the warranty are damages caused by normal wear and tear, improper installation, tampering, force majeure or storm damage. Warranty work is only carried out on the freely accessible product.

Retention of payment due to a warranty or defect case is governed exclusively by clause 7.

Engagement of Third Parties

If the Customer commissions external companies, craftsmen, electricians, service technicians or other third parties, this is generally at their own cost and risk. This also applies if the work is related to a warranty, defect or damage case.

Costs of third parties are only covered by SkyPergola if their engagement and cost coverage have been expressly and in writing approved by SkyPergola in advance. Unauthorized commissioning of third parties by the Customer does not entitle to reimbursement, cost coverage or set-off against SkyPergola.

12. Disclaimer of Liability

Any further liability for direct or indirect damages is excluded as far as legally permissible.

Minor deviations in colour, structure or dimensions are considered accepted as long as usability is not significantly impaired.

13. Right of Withdrawal by SkyPergola

SkyPergola is entitled to withdraw from the contract in case of payment default, insolvency, ongoing debt collection proceedings or other significant economic risks of the Customer. In this case, all claims become immediately due.

14. Data Protection

Personal data is used exclusively for contract processing and customer communication. The Customer can request information, correction or deletion of their data at any time.

15. Applicable Law and Jurisdiction

Only Swiss law applies. Place of jurisdiction is Baden (AG).