Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Express Pergolas Ltd. Throughout the site, the terms “The Company”, “we”, “us” and “our” refer to Express Pergolas. Express Pergolas offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The copyright in all plans, designs, and other documents created by Express Pergolas Ltd shall remain the property of Express Pergolas Ltd. On order of the goods a non-exclusive, limited license is granted to the client to use the plans solely for the purpose of constructing the project at the specified site. The client shall not copy, distribute, or allow use of the plans for any other purpose or project without prior written consent.
For unauthorised use of any plans, designs, and other documents created by Express Pergolas Ltd we will issue a temporary licence at a rate of 50% of the value of the estimate or order or £10,000 whichever is the greater, to be paid within 48 hrs of receipt of invoice. Failure to pay this fee will result in legal proceedings to seek further damages.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5.1. BUILDING REGULATIONS and PLANNING PERMISSION
5.1.1 Meeting building regulations is the joint responsibility of the builder and the landowner, not of the supplier (us), nevertheless we want to make it clear that our products are not intended to be used where building regulations are required. If you are unsure about Building Regulations, we recommend that you seek further advice and guidance from your local Building Control Office.
5.1.2 Most of our products do not require planning permission under Permitted Development rights. However, if your property is a listed building, in a conservation area or any other designated area you may require planning approval. It is the responsibility of the landowner, not of the supplier (us), to determine if planning permission is required. If you are unsure about Planning Permission, we recommend that you seek further advice and guidance from your local Planning Office.
5.2 TITLE and RISK
5.2.1 The risk in the Goods shall pass to the Customer on dispatch by Express Pergolas. Damages to Goods caused by destruction or damage of the packaging shall be at the Customers risk and expense.
5.2.2 The Customer shall insure the Goods from the point of dispatch by Express Pergolas.
5.2.3 Title to the Goods shall not pass to the Customer until Express Pergolas receives payment in full (in cash or cleared funds) for the Goods.
5.2.4 Until title to the Goods has passed to the Customer, the Customer shall:
a. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Express Pergolas’ property.
b. not remove, deface, or obscure any identifying mark or packaging on or relating to the Goods.
c. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
d. notify Express Pergolas immediately if it becomes subject to any of the events listed in clause 16.1(b) to clause 16.1(c); and
e. give Express Pergolas such information as Express Pergolas may reasonably require from time to time relating to:
i. the Goods; and
ii. the ongoing financial position of the Customer.
5.3 PRICE and PAYMENT
5.3.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in Express Pergolas’ published price list in force as at the date of Order.
5.3.2 The price of the Goods:
a. includes amounts in respect of value added tax (VAT), at the prevailing rate at time of order.
b. includes the costs and charges of packaging, insurance, and transport of the Goods.
5.3.3 Without prejudice to clause 5.3.4, Express Pergolas will invoice the Customer for the Goods at the time the Customer places the Order (prepayment on account for the Order) and any Customer charges that are not collected by Express Pergolas as a prepayment will be invoiced in accordance with the remainder of this clause 5.3.
5.3.4 Express Pergolas may invoice the Customer for the Goods on or at any time after acceptance of the Order and in instalments.
5.3.5 The Customer must inform Express Pergolas in writing within 7 Business Days if they object to any invoices.
5.3.6 The Customer shall pay each invoice submitted by Express Pergolas:
a. on placing the order.
b. or with prior agreement on receipt of the invoice and agreed due by date.
c. in full and in cleared funds to a bank account nominated by Express Pergolas
5.3.7 If the Customer fails to make a payment due to Express Pergolas under the Agreement by the due date, then, without limiting Express Pergolas’ remedies under clause 16, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.3.7 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when the base rate is below 0%.
5.3.8 All amounts due under the Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Costs which are excluded from the Price
5.3.9 Unless otherwise stated in the Order, the costs of all the following are not included within the Price.
5.3.9.1 Scaffolding (except for tower scaffolding up to a platform height of 4 metres), provision and operation of a crane, lifting gear or similar;
5.3.9.2 concrete bases, foundations and screed;
5.3.9.3 road closures or other traffic management issues;
5.3.9.4 construction and building work;
5.3.9.5 removal of existing windows and doors;
5.3.9.6 plastering, painting and decorating;
5.3.9.7 finished flooring;
5.3.9.8 electrics and plumbing (including certified electrical connection required for any goods supplied);
5.3.9.9 landscaping;
We reserve the right to raise our invoice in respect of all such costs and you shall pay such invoice within 7 days of the date of invoice.
5.4 DELIVERY
We will contact you with a delivery date prior to delivery, in accordance with the turnaround times advised on our website at the time of sale. Turnaround times are specified on your order confirmation. Turnaround times state the number of working days within which your delivery date will be. Working days are hereby defined as Monday to Friday.
Time shall not be of the essence in this contract. We always use our best endeavours to deliver on the delivery date agreed or within the timeframe shown on the order confirmation. In the unlikely event that there is a delivery delay, we will contact you to rearrange your delivery date within a reasonable period of time.
We operate throughout selected areas in England and Wales. Deliveries can occur between 8:00am and 8:00pm on the day of delivery.
Express Pergolas shall deliver the Goods (delivery in instalments is permitted) to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Express Pergolas notifies the Customer that the Goods are ready.
5.4.1 Delivery is completed on the completion of unloading of the Goods at the Delivery Location.
5.4.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Express Pergolas shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Express Pergolas with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.4.3 If Express Pergolas fails to deliver the Goods for a reason not anticipated by clause 5.2.2 after a reasonable amount of time has passed from the quoted delivery date you must in writing permit Express Pergolas a period of not less than 30 Business Days to deliver the Goods.
5.4.4 If Express Pergolas fails to deliver the Goods its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Express Pergolas shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide Express Pergolas with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.4.5 If the Customer fails to accept delivery of the Goods Express Pergolas shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance).
5.4.6 If eight Business Days after the day on which Express Pergolas notified the Customer that the Goods were ready for delivery the Customer has not accepted actual delivery of them, Express Pergolas may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
5.4.7 Goods will be delivered ready to be unloaded by yourselves either as a two person or by use of forklift.
Please ensure that someone with the authority to accept the goods (you or your agent) is available all day on the day of delivery and to move the goods onwards.
If no-one is present to accept the goods, we will attempt contact with the customer. The delivery driver will wait for up to 20 minutes. If no one arrives to take delivery we will leave and a re-delivery charge will apply, at your cost.
Our delivery staff are not permitted to leave any products that have not been signed for by the customer.
5.4.8 Goods will be delivered to the first point of contact at the front of the Delivery Location e.g. kerbside or driveway. The delivery vehicle will park a maximum of 20m from the first point of contact. Our trucks will not enter the property. We do not deliver to the side/rear elevation, inside any building or go through a neighbour’s property. If there is no access at the front of the property, the goods will be delivered to kerbside, and you will need to move the goods from any public highways.
At point of delivery the title and responsibility for the goods transfers to the customer.
There must be suitable road access to the drop location, with no parking restrictions e.g., double red/yellow lines, parking bays, bus stops etc. You must advise us if there are access difficulties, our largest and most used vehicles are either 7.5T or 18T, 9m long and 2.6m wide. We need an access route capable of taking this size and weight of vehicle.
Damage to lawns, flower beds, gates, driveways etc. on or adjacent to a narrow or difficult access route will be the responsibility of the customer. If we attempt delivery and cannot do so due to foreseeable problems such as access restrictions, width of road etc. the goods will be returned to source. Re-delivery charges will be applied for a second delivery at your cost.
A clear route must be available for our delivery team to manoeuvre the goods from the delivery vehicle to the first point of contact at the front of the property or kerbside. The route must be at least 750mm wide for two-person delivery or at least 3.1m wide if you use a forklift to unload, free from obstructions (e.g. bins, cars, walls/fences, trees, overhanging obstacles) and allow good footing by the delivery team (e.g. not have slip or trip hazards, steep inclines, or declines).
Adequate space should be available to place the goods. Our products vary in size however are recognised as bulky goods with parts typically up to 6m in length and 1.2m in width.
Forklifts you supply to carry the product should be sufficient to carry the total package weight, have 3 tyres which rapidly turn 90 degrees or more and forks that will need to slide out from under the load.
Should a clear route or adequate space for the goods to be placed not be available then the goods will be delivered to the safest kerbside location within 20m from the safely parked delivery vehicle for onward movement by the customer or the goods will be returned. Re-delivery charges will be applied for a second delivery at your cost,
5.4.9 Any damaged/broken/missing parts identifiable during delivery must be noted with our customer care team within 24 hrs from delivery.
Our products come with protective packaging for transporting. Our drivers are unable to secure packaging to take it away with them so this must be disposed of by the customer. Depending on the product purchased the packaging is likely to help with protecting stored parts and part-built products from the elements.
5.5 BACK ORDERS
If the particular item/s you have ordered are not in stock, we will back order for you and arrange a an alternative delivery date.
5.6 RE-DELIVERY and RETURN EN-ROUTE COSTS
If we attempt a delivery and are unable to do so due to a breach of our delivery terms by the customer, then we will make a charge for that attempted delivery which is payable prior to any re-delivery. This will represent the true cost of that delivery and will be charged as outlined below, assuming our normal methods/vehicles were utilised.
Order Value Re-delivery Fee:
a. Package size up to 4m long £600 + Vat
b. Package size up to 5m long £750 + Vat
c. Package size up to 6m long £900 + Vat
5.7 YOUR RIGHT TO CANCEL
Our returns policy excludes bespoke packages or made to order items which are noted as such on the order form.
For non-bespoke items we fully comply with the Consumer Contracts Regulations, which give consumers buying on-line the right to examine and test items at home as they would in a shop. Business customers do not have this right.
Please note if your return doesn’t include an order number provided, we may not be able to process your return. In the 1st instance please contact our customer care team as we may direct you to return an item to the manufacturer, in this instance, we will provide the returns address along with your returns number.
5.7.1 Without limiting Express Pergolas other rights or remedies, if the Customer cancels the Bespoke Order, then the Customer shall compensate Express Pergolas on demand a sum equal to the greater of all loses calculated on an indemnity basis or the reasonable amount calculated in accordance with clause 5.7.2.
5.7.2 The reasonable amount is calculated on the basis of the following graduated scale:
a. in case of cancellation up to 14 days after the date of order: 25% of the Order value.
b. in case of cancellation more than 14 days after the date of order and up to 14 days prior to the date of delivery: 75% of the Order value.
c. in case of cancellation 14 days or less prior to the date of delivery: 100% of the Order value.
Any notification of cancellation must be made in a clear statement in writing, either by post or email to expresspergolas@gmail.com
If any of the goods form a commercial unit, then the customer cannot reject or cancel the order for some of those goods without also rejecting or cancelling the order for the rest of them. A unit is a ' commercial unit ' if division of the unit would materially impair the value of the goods or the character of the unit.
If the customer cancels whilst the goods are being actively delivered by one of our delivery vehicles, then the Company will not be able to cancel the delivery enroute and the refund will be subject to a deduction of the enroute return cost.
If the customer cancels any goods after they have been delivered, then the customer will make suitable arrangements to return such goods at the customer’s own cost.
5.8 RECTIFYING DEFECTS
We will supply goods that are in conformity with the contract. Goods are deemed to have been delivered without damages, defects, or shortcomings.
The Customer shall inspect and check the delivered Goods immediately after receipt. Objections, or defects about the Goods not immediately visible must forthwith be reported to Express Pergolas in writing and as detailed as possible, within two business days after the customer has detected them (or could have detected them). Please include your order number so we are able to locate you on our system.
Please note that any problems that occur due to the natural properties of the materials are not defects.
We will request clear photos to illustrate the reported defect and its cause so that we can determine the means to rectify it prior to any rectification. This may involve taking photos of parts of your product which you believe are unconnected to the defect, but which may nevertheless be the cause of it.
5.8.1 If a defect occurs which is the fault of the Company, the Company will give you appropriate options which may include replacement, repair, or partial refund.
Where the defect is deemed to be the customer's fault for any reason e.g., unsuitable base/site, poor maintenance, use of defective materials supplied by the customer or misuse of the product, any rectification will be chargeable to the customer.
If you do not give us a reasonable opportunity to rectify any defect, we will not reimburse you if you choose to rectify it yourself or with a third party.
5.8.2 The submission of a notification shall not suspend the Customer’s payment obligations. To qualify for a refund the goods must be returned no later than 14 days after the day on which cancellation is made.
The goods should be returned in their original condition and un-opened packaging as at the time of delivery other than handling necessary to establish the nature, characteristics and functioning of the goods.
Returned goods will be inspected and refunds will take place within 14 days after the items have been returned.
5.8.3 Refunds may be subject to a deduction up to the contract price covering any reasonable costs incurred by the Company, such as cost of items not returned in original condition and packaging other than handling necessary to establish the nature, characteristics and functioning of the goods (e.g., the goods have become weathered or damaged).
5.8.4 Any warranty provided by the manufactures (Deponti) will be in writing and will specify the ‘warranty period’ (if applicable), which at all times will not extend beyond a maximum period of 12 months from the date of delivery and the Goods.
5.8.5 Any warranty provided by Deponti shall be limited to the warranty period, any special conditions (made in writing by Deponti) and shall be limited to a guarantee that the Goods shall: (a) conform the Specification; (b) be free from material defects in design, material and workmanship; and (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)
5.9 CANCELLATION BY US
Your order might be cancelled if the goods you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
We may cancel the order if we have offered at least 3 different delivery dates and these dates have been refused by the customer.
If we do cancel your order, we will notify you and will refund you within 14 days. We will not be obliged to offer any additional compensation for disappointment suffered.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy
SECTION 7 – WEBSITE OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools, ”as is” and “as available” , without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 – WEBSITE THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – WEBSITE USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example form entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – WEBSITE PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – WEBSITE ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – WEBSITE PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Express Pergolas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service-providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Express Pergolas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16.1 Without limiting its other rights or remedies, Express Pergolas may terminate this Agreement with immediate effect by giving written notice to the Customer if:
a. the Customer commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so.
b. the Customer takes any step or action in connection with their entering administration, provisional liquidation, bankruptcy, or any composition or arrangement with their creditors.
c. the Customer's financial position deteriorates so far as to reasonably justify the opinion that their ability to give effect to the terms of the Agreement is in jeopardy.
16.2 Without limiting its other rights or remedies, Express Pergolas may suspend provision of the Goods under the Agreement or any other contract between the Customer and Express Pergolas if the Customer becomes subject to any of the events listed in clause 9.1(b) to clause 9.1(d), or Express Pergolas reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Agreement on the due date for payment.
16.3 Without limiting its other rights or remedies, Express Pergolas may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment.
16.4 On termination of the Agreement for any reason the Customer shall immediately pay to Express Pergolas all of Express Pergolas’ outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, Express Pergolas shall submit an invoice, which shall be payable by the Customer immediately on receipt.
16.5 Termination of the Agreement, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
16.6 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
Express Pergolas
20 Wenlock Road,
London
N1 7GU
email: sales@expresspergolas.co.uk
Last Update 01/10/2025