Terms of Service
Effective Date: [Insert Date]
Welcome to Breeze Pergolas (“Breeze,” “Company,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your access to and use of the Breeze website, products, services, consultations, custom projects, installations, estimates, engineering, and related offerings.

By using this website, requesting a quote, approving drawings, placing an order, purchasing products, or using any Breeze services, you acknowledge that you have read, understood, and agreed to these Terms in full.

1. WEBSITE USE & ELIGIBILITY
   By accessing or using this website, you represent and warrant that:

• you are at least 18 years old
• you possess legal capacity to enter binding agreements
• all submitted information is accurate and complete
• your use of the website complies with all applicable laws

You agree not to:

• misuse the website
• interfere with website security
• attempt unauthorized access
• distribute malware or harmful code
• scrape or reproduce content
• use Breeze intellectual property without authorization

Breeze reserves the right to:

• refuse service
• suspend access
• terminate accounts
• cancel orders
• restrict website usage
  at any time and for any lawful reason.

2. PRODUCT INFORMATION & SPECIFICATIONS

Breeze continuously improves and updates products, systems, engineering, and specifications.

Accordingly:

• product specifications may change without notice
• dimensions may vary slightly
• finishes and colors may differ from photography or renderings
• renderings are illustrative only
• product images may contain optional upgrades or accessories

Minor manufacturing variations, cosmetic differences, and reasonable tolerances are not considered defects.

Customers are responsible for independently verifying:

• dimensions
• site requirements
• structural compatibility
• local code compliance
• permit requirements
• HOA restrictions

3. QUOTES, ESTIMATES & CUSTOM PROJECTS

All quotes, proposals, estimates, renderings, engineering concepts, and consultations are non-binding until formally accepted in writing by Breeze.

Custom and Signature™ projects may involve:

• engineering review
• modified dimensions
• custom fabrication
• supplier coordination
• specialized manufacturing
• freight logistics

Lead times are estimates only and not guaranteed.

Breeze reserves the right to:

• modify engineering details
• substitute equivalent materials
• revise specifications
• reject projects that cannot reasonably or safely be completed

Final customer approval of:

• drawings
• dimensions
• engineering concepts
• invoices
• proposals
  constitutes acceptance of all project specifications and terms.

4. PAYMENT TERMS

Unless otherwise agreed in writing:

• deposits are required before production
• balances may be due prior to shipment or installation
• staged payments may apply for larger projects

Customers are responsible for:

• taxes
• permit fees
• engineering costs
• HOA approvals
• site preparation
• crane or lift access if required
• utility coordination

Late balances may accrue interest at the maximum rate permitted by law.

Customer agrees to reimburse Breeze for:

• collection costs
• attorney fees
• enforcement expenses
  related to unpaid balances.

5. SHIPPING, DELIVERY & FREIGHT

Delivery dates are estimates only and are not guaranteed.

Breeze is not liable for delays caused by:

• freight carriers
• port congestion
• customs delays
• manufacturing interruptions
• labor shortages
• supply chain disruptions
• weather events
• force majeure events

Customers are responsible for:

• ensuring adequate delivery access
• site readiness
• unloading arrangements where required
• verifying shipment upon delivery

Risk of loss transfers upon delivery unless otherwise required by law.

Customers must inspect shipments immediately upon delivery and report visible damage within seven (7) calendar days.

6. INSTALLATION SERVICES

Installation services may be performed by:

• Breeze
• certified installer partners
• independent contractors
• third party installers

Customers are responsible for:

• permits
• local code compliance
• identifying underground utilities
• proper structural foundations
• safe and accessible jobsite conditions

Breeze is not responsible for:

• hidden site conditions
• drainage issues
• utility conflicts
• foundation failures
• third party contractor delays
• pre-existing structural deficiencies

Installation timelines are estimates only.

6.1 Independent Installer Network & Contractor Disclaimer

Breeze may provide customers with referrals, recommendations, introductions, or access to independent installers, contractors, builders, or third party service providers through the Breeze Certified Installer Network or other partner relationships.

Unless expressly stated otherwise in a separate written agreement:

• Breeze is not the licensed contractor performing installation services
• installers are independent third parties
• installers are not employees, agents, or legal representatives of Breeze
• customers contract directly with installers for installation-related services

Customers are solely responsible for conducting their own due diligence regarding any installer or contractor, including verification of:

• contractor licensing
• insurance coverage
• bonding
• qualifications
• permits
• local code compliance
• workmanship standards
• project supervision
• contractual terms

Breeze does not warrant, guarantee, supervise, or assume responsibility for:

• contractor performance
• installation quality
• project timelines
• labor practices
• code compliance
• permitting
• subcontractors
• site safety
• contractor representations
• contractor insurance coverage
• contractor licensing status

Any disputes relating to installation services, labor, workmanship, delays, property damage, injuries, code violations, or contractor conduct shall be resolved directly between the customer and the installer or contractor performing the work.

To the fullest extent permitted by law, Breeze shall not be liable for:

• contractor negligence
• installation defects
• construction errors
• property damage
• bodily injury
• permit issues
• inspection failures
• project delays
• contractor abandonment
• labor disputes
• acts or omissions of third party installers

Customers acknowledge that:

• installation quality may vary between independent contractors
• local licensing requirements vary by jurisdiction
• contractor availability and qualifications are outside Breeze’s control

Any installer referrals provided by Breeze are offered solely as a convenience and do not constitute an endorsement, warranty, partnership, joint venture, or guarantee of contractor performance.

Customer Responsibility for Contractor Agreements

Customers are solely responsible for reviewing and executing separate agreements with any third party contractor or installer.

Breeze is not a party to contractor installation agreements unless expressly stated in writing.

No Warranty on Third Party Labor

Unless expressly stated in writing, Breeze does not provide warranties covering third party labor or installation workmanship performed by independent contractors.

Any labor warranties are provided solely by the installing contractor.

7. WARRANTY

All Breeze products are subject to the applicable Breeze Limited Warranty.

Warranty terms, exclusions, and claim procedures are governed exclusively by the official Breeze Warranty Policy.

Warranty coverage does not apply to:

• improper installation
• unauthorized modifications
• misuse
• neglect
• environmental damage
• force majeure events
• normal cosmetic aging

8. Returns, Cancellations & Change Orders

Because Breeze pergola systems are large-format, partially custom, imported, engineered, and freight-based products, returns and cancellations involve substantial logistics, handling, freight coordination, inspection, and restocking costs.

Our policies are designed to be fair to both the customer and Breeze while protecting against unreasonable shipping, freight, handling, and product loss expenses.

Breeze does not offer direct exchanges or product swaps for pergolas or accessories.

Customers wishing to obtain a different product must initiate a return request for the original order, subject to the terms below, and place a new order separately.

Refunds are processed in accordance with the policies outlined herein.

8.1 Order Cancellation Policy

Standard Orders

Orders canceled within twenty-four (24) hours of purchase may be eligible for cancellation without penalty provided production, fulfillment, engineering, or freight booking has not commenced.

Orders canceled after twenty-four (24) hours are subject to:

• a 10% cancellation fee
• non-refundable merchant processing fees
• any incurred freight, warehousing, engineering, or administrative costs

Custom & Signature™ Orders

Custom pergolas, Signature™ projects, modified configurations, commercial projects, special finishes, and made-to-order products are generally non-cancelable once:

• engineering begins
• production is scheduled
• materials are allocated
• manufacturing has commenced

Deposits for custom projects are generally non-refundable.

Breeze reserves the right to deduct all incurred costs associated with canceled custom projects.

8.2 Full Pergola Return Policy

Customers may request a return of a standard pergola system within fourteen (14) calendar days of delivery, subject to approval and the following conditions.

Custom pergolas, Signature™ systems, commercial projects, and modified orders are generally non-returnable unless otherwise approved in writing.

Return Eligibility Requirements

To qualify for a return:

• the pergola must be unused or minimally used
• the pergola must not be permanently installed
• all original components, hardware, manuals, and packaging materials must be included
• the pergola must be properly palletized and prepared for freight shipment
• customer must provide original Breeze order number

Breeze reserves the right to deny any return request that does not meet these conditions.

Customer Responsibility for Return Shipping

The customer is solely responsible for:

• disassembly
• repackaging
• palletization
• freight coordination
• freight insurance
• safe transport of returned products

Customers may:

• arrange their own freight carrier
  OR
• request Breeze assistance in coordinating return freight

Standard Pergola Return Fees

Approved pergola returns are subject to the following deductions:

Return freight costs may vary depending on:

• size
• destination
• freight rates
• accessibility
• carrier surcharges

Inspection Upon Return

All returned pergolas undergo inspection upon arrival.

If the pergola is received in:

• good condition
• resellable condition
• complete condition

Breeze will process an approved refund less all applicable fees within approximately ten (10) business days after inspection approval.

If the pergola:

• arrives damaged
• has missing parts
• shows installation wear
• has cosmetic or structural damage
• cannot reasonably be resold as new

Breeze reserves the right to:

• reduce the refund amount
• withhold portions of the refund
• deny the return entirely depending on severity

Inspection determinations are made at Breeze’s reasonable discretion.

Customer Assumption of Risk

All approved returns are shipped entirely at the customer’s risk.

Breeze is not responsible for:

• freight damage
• carrier mishandling
• transit loss
• improper packaging
• shipment delays during return transit

Customers are encouraged to purchase freight insurance.

8.3 Delivery Refusal & In Transit Cancellation Fees

If a customer:

• refuses delivery
• cancels while shipment is in transit
• fails to schedule delivery
• fails to accept delivery
• provides incorrect delivery information
• fails to prepare the delivery site

the following charges may apply:

These charges reflect actual logistics, warehousing, carrier, and handling expenses incurred by Breeze.

8.4 Change Orders During Transit

If a customer wishes to:

• modify an order
• change pergola size
• upgrade product model
• alter configuration
  after shipment has entered transit, Breeze may assess:

The standard 10% cancellation fee may be waived if:

• the customer places a replacement order
  AND
• the replacement order is of equal or greater value

Approval of change orders during transit is not guaranteed.

8.5 Accessory Return Policy

Eligible accessories may be returned within fourteen (14) calendar days of delivery provided:

• products are unused
• products are uninstalled
• original packaging is included
• no damage is present

Customers are responsible for all return shipping costs.

All accessory returns are subject to inspection.

Accessory Return Fees

The following standard return fees may apply:

Wall-mounted systems and custom fabricated accessories may also be subject to:

• a 10% cancellation fee
• freight recovery costs
• packaging replacement fees

8.6 Non-Returnable Products

The following items are generally non-returnable:

• Signature™ pergolas
• custom pergolas
• commercial projects
• modified configurations
• engineered systems
• clearance items
• final sale products
• installed products
• used products
• damaged products caused by customer handling
• custom color finishes

Exceptions may be granted solely at Breeze’s discretion.

8.7 Refund Processing

Approved refunds are typically processed within ten (10) business days following:

• return receipt
• inspection completion
• final approval

Refund timing may vary depending on:

• banking institutions
• payment processors
• financing providers
• freight claims
• inspection timelines

Original shipping charges, white glove delivery charges, installation costs, permit costs, and service fees are non-refundable.

8.8 Abandoned Orders & Storage

Orders delayed, refused, or left unclaimed may incur storage fees.

Storage fees may include:

• warehouse storage
• container storage
• handling charges
• redelivery coordination
• freight repositioning

Storage charges may accrue daily, weekly, or monthly.

Orders remaining unpaid or unclaimed for extended periods may be deemed abandoned to the extent permitted by law.

Breeze reserves the right to:

• dispose of abandoned products
• resell products
• recover unpaid balances and fees

8.9 Return Authorization Requirement

No return shall be accepted without prior written authorization from Breeze.

Unauthorized returns may:

• be refused
• be returned to sender
• incur additional handling costs

Customers must obtain a valid Return Authorization (“RA”) number before shipping any product back to Breeze.

8.10 Policy Modifications

Breeze reserves the right to update, modify, or revise these return and cancellation policies at any time without prior notice.

The policy in effect at the time of purchase shall govern the applicable transaction unless otherwise required by law.

9. REFUND POLICY

Customers must inspect products within seven (7) calendar days of receipt and notify Breeze in writing regarding:

• freight damage
• defects
• missing parts
• incorrect products
• shipping discrepancies

Failure to report issues within seven (7) days may limit refund or replacement eligibility.

If products arrive damaged or defective, Breeze may:

• provide replacement parts
• repair the product
• replace the product
• provide partial compensation
• issue a refund where appropriate

Minor cosmetic imperfections and reasonable manufacturing variances may not qualify for refund eligibility.

Breeze reserves the right to deduct:

• cancellation fees
• freight charges
• restocking fees
• storage fees
• packaging replacement fees
• damage deductions
• merchant processing fees where permitted

Customers agree to contact Breeze directly before initiating any chargeback or payment dispute. Fraudulent or improper chargebacks may result in:

• collections activity
• attorney fee recovery
• suspension of warranty support
• reporting to payment processors

10. CUSTOM DESIGN, CUSTOM ORDERS & SIGNATURE™ PROJECTS

Custom-designed, made-to-order, engineered, or Signature™ products are manufactured specifically for the customer and are generally non-refundable.

This includes:

• custom pergola dimensions
• custom engineering
• custom finishes
• integrated systems
• commercial pergolas
• specialty accessories
• retractable systems
• custom screens and walls

10.1 Exclusion From Standard Return Rights

Custom projects are not eligible for standard return, withdrawal, or exchange rights once:

• engineering begins
• production is scheduled
• materials are allocated
• manufacturing commences
• fabrication begins

Deposits for custom projects are generally non-refundable.

10.2 Customer Responsibility for Measurements

Customers are solely responsible for verifying:

• dimensions
• site conditions
• utility locations
• clearance requirements
• permits
• HOA approvals
• code compliance

Final approval of drawings and specifications constitutes customer acceptance of all measurements and project details.

10.3 Custom Product Tolerances

Custom pergola dimensions may vary by up to ± 0.59 inches.

Minor dimensional or cosmetic variations that do not materially impact functionality are not considered defects.

10.4 Extended Delivery Delays

Custom projects frequently involve:

• international manufacturing
• engineering review
• custom fabrication
• freight coordination

Accordingly, delivery timelines are estimates only.

If delivery time exceeds three (3) times the original estimated timeframe stated in writing, Breeze may evaluate cancellation requests on a case-by-case basis provided delays are not caused by force majeure events or customer-related issues.

11. INTELLECTUAL PROPERTY

All Breeze content, branding, renderings, graphics, logos, product names, photography, videos, and website materials are proprietary and protected by intellectual property laws.

Users may not reproduce, copy, distribute, or use Breeze intellectual property without prior written consent.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Breeze shall not be liable for:

• indirect damages
• incidental damages
• consequential damages
• lost profits
• project delays
• property damage beyond the product itself
• loss of use
• labor costs outside approved warranty terms

Breeze’s maximum liability shall not exceed the amount actually paid for the specific product giving rise to the claim.

13. FORCE MAJEURE

Breeze shall not be liable for delays or failures caused by events beyond reasonable control including:

• natural disasters
• supply chain interruptions
• labor shortages
• governmental actions
• war
• terrorism
• pandemics
• transportation disruptions
• utility failures

14. DISPUTE RESOLUTION & GOVERNING LAW

These Terms shall be governed exclusively by the laws of the State of Delaware.

Any dispute arising from:

• products
• services
• installations
• warranties
• website use
• purchases

shall be resolved exclusively in California unless otherwise required by law.

Breeze reserves the right to require mediation and/or binding arbitration where permitted by law.

Customer waives class action participation to the fullest extent permitted by law.

15. ATTORNEY FEES

In any dispute arising under these Terms, the prevailing party shall be entitled to recover reasonable attorney fees, costs, and expenses.

16. POLICY MODIFICATIONS

Breeze reserves the right to update or modify these Terms at any time without prior notice.

The version in effect at the time of purchase shall govern the applicable transaction unless otherwise required by law.

17. CONTACT INFORMATION

Breeze Pergolas

Website: Breeze Pergolas
Email: support@breezepergolas.com
Phone: XXX-XXX-XXXX

FINAL ACKNOWLEDGMENT

By accessing the Breeze website, requesting a quote, approving a proposal, or purchasing Breeze products or services, customer acknowledges that they have read, understood, and agreed to these Terms of Service in full.