Terms of service
1. General
1.1 Every effort will be made to ensure that the products displayed on our website are available to order or pre-order. However, we cannot guarantee availability, and this website does not constitute an offer for sale.
1.2 All measurements provided are approximate.
1.3 Most products require assembly, either in full or in part. It is the customer’s responsibility to confirm these details before making a purchase if assembly is a condition.
1.4 While we strive for accuracy, the reproduction of colours may vary based on the limitations of the photographic and production process.
1.5 Risk of loss or damage to the products passes to the customer upon delivery to the specified address. Ownership of the products will only pass to the customer once full payment has been received.
1.6 Kustom Pergolas is not liable for any indirect losses the customer may experience, including loss of profit, wasted time (including time off work), or anticipated savings due to our failure to comply with these terms or any negligence on our part. However, we do not limit our liability for death or personal injury caused by our negligence.
1.7 These terms represent the full agreement between Kustom Pergolas and the customer and replace all prior agreements or representations, whether written or verbal.
1.8 We may update these terms from time to time without notice. Any changes will be posted on our website and will supersede prior terms.
1.9 No delay or failure by us in exercising any of our rights under these terms will operate as a waiver of those rights.
1.10 If any provision of these terms is found to be unenforceable by a court, it will be amended to reflect the original intent, or, if this is not possible, the provision will be severed from the terms without affecting the rest.
1.11 The customer may not assign or sub-contract their rights or obligations under these terms without our written consent. No third party shall have the right to enforce any part of these terms.
1.12 All matters related to any purchase made through this website will be governed by and construed in accordance with the laws of Australia, and the Australian courts will have exclusive jurisdiction.
2. Force Majeure
2.1 Kustom Pergolas will not be held responsible for delays or failures to fulfill our obligations if such delays or failures are caused by unforeseeable events or circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, or governmental actions.
3. Prices
3.1 The price of the products displayed excludes postage and packaging unless explicitly stated.
3.2 Delivery charges apply to metro and most regional areas in Australia. Additional fees may apply for deliveries to Tasmania or remote regions.
3.3 Clearance items are priced based on reductions from the original listed price on our website.
3.4 All prices listed include GST (where applicable), but exclude any delivery charges unless explicitly stated.
4. Delivery
4.1 Our website is intended for delivery within Metro and Regional Australia. We cannot guarantee delivery to all regional and remote areas of Australia.
4.2 We will do our best to deliver your products within reasonable timeframes and on the agreed-upon date. However, unforeseen delays may occur, and Kustom Pergolas is not liable for any delays in delivery or failure to deliver within the expected timeframe.
4.3 Customers must inspect all products within 7 days of receiving their order. Any issues, including damage, incorrect products, missing parts, or suitability concerns, must be reported within this timeframe.
4.4 Once delivered, the risk of loss or damage to the products passes to the customer.
4.5 Customers are responsible for providing complete and accurate delivery details, including the recipient’s name. We are not liable for delivery issues caused by incorrect or incomplete information. Some deliveries may require a signature upon receipt.
4.6 If there are any known delays, Kustom Pergolas will make every effort to inform the customer as soon as possible.
5. Payment
5.1 Payment will be taken from the customer’s card at the time the order is received. If the goods are unavailable, the customer will be informed promptly, and a full refund will be issued if payment has already been processed.
5.2 The price charged is the price listed on the website at the time the order is placed. In the event of a pricing error, the customer will be notified and given the option to confirm the order at the correct price or cancel it. If the customer chooses to cancel, a full refund will be issued.
5.3 All prices are inclusive of GST where applicable, but exclude delivery charges unless specifically stated otherwise.
5.4 Ownership of the goods passes to the customer upon delivery, provided full payment has been made.
5.5 Payment can be made through any method specified on our website.
6. Refunds
6.1 All items must be inspected within 7 days of receipt. Kustom Pergolas must be informed of any issues within this period, including damages, faults, incorrect products, or missing parts. Refunds, if applicable, will be processed within 1-7 working days.
6.2 A full refund will be issued if the product is unavailable or if no acceptable alternative can be provided.
6.3 If a product is faulty or damaged, and a replacement is not available, a full refund will be issued. Kustom Pergolas reserves the right to offer a like-for-like replacement if available.
6.4 If the customer returns an undamaged product for personal reasons, a refund will be issued for the original purchase price, minus any applicable delivery charges, provided the product is returned in saleable condition.Please note that the decision to approve a refund will be at the sole discretion of Kustom Pergolas.
6.5 If the refund is due to a late delivery, the maximum refund amount will be limited to the delivery charge paid.
7. Returning an Item
7.1 Items being returned must be appropriately re-packaged and clearly labeled as instructed by Kustom Pergolas.
7.2 Refunds will be processed upon receipt of the returned item as per Clause 6.
7.3 If the product is damaged or faulty, Kustom Pergolas will arrange collection. If the customer decides to return an undamaged item for personal reasons, a Collection Fee will apply, which will be deducted from the refund amount. The customer can avoid this fee by returning the product themselves. Items must be returned in their original packaging to ensure secure collection. Any faults or damages must be reported within 24 hours of receiving the goods, including photographs and descriptions of the issue.
7.4 If a scheduled collection cannot be completed, a wasted journey fee may be charged.
8. Warranty
8.1 Kustom Pergolas offers a warranty of at least 5 years on our products.
8.2 The warranty begins on the date of purchase. The original receipt serves as the warranty certificate. This warranty covers defects in materials and construction present at the time of delivery. Damage caused by improper use, poor maintenance, or failure to follow instructions is excluded from the warranty. Other exclusions include scratches, rust formation, and internal steel corrosion due to condensation.
9. Cancellation
9.1 Orders can be cancelled at any time before the scheduled delivery date for a full refund.
10. Confidentiality
10.1 All customer information, including payment details, is handled in compliance with data protection laws. Customer information will not be shared with third parties or used for unsolicited communications.
11. Consumer Rights
11.1 These terms and conditions do not affect the customer’s statutory rights as a consumer under Australian law.