OVIA Living Terms and Conditions

Scope of Application

These Terms and Conditions apply to every order placed with OVIA Living, whether through our online store, by phone, by chat, by email, or via direct checkout.

By checking the acceptance box at checkout, completing a purchase, or otherwise confirming an order, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions in full, including the warranty terms, the liability provisions in Section 8, and the cancellation, return, and refund terms in Sections 14 and 15. A Customer who does not agree to these Terms should not place an order. These Terms, together with the Warranty page referenced within them, form the complete agreement governing the purchase.

How a Contract Is Formed

A purchase contract is formed between two parties only: the Customer and OVIA Living. Listings on our website, and any draft order discussed by phone, chat, or email, are not legally binding offers — they are invitations for the Customer to place an order.

Online, an order comes into being at the moment the Customer completes checkout and submits payment for the chosen products. For orders arranged by phone, email, or chat, the order is formed once the Customer gives final confirmation. Should anything in the order confirmation differ from what the Customer intended, the Customer must let us know promptly. If this is not raised within 72 hours, the risk falls to the Customer, and OVIA Living accepts no liability for misunderstandings, wrong items, or extra costs tied to discrepancies that were not flagged in time.

We reserve the right to cancel any order placed on the basis of incorrect information, including pricing errors or technical inaccuracies shown on the website. If we cancel an order, we will notify the Customer and refund any payment in line with these Terms.

1. General

1.1 We work to keep every product shown on our website available to order or pre-order, but we cannot guarantee availability, and nothing on the site amounts to a binding offer for sale.

1.2 All measurements are approximate.

1.3 Most products require full or partial assembly. Confirming what assembly a product needs, before buying, is the Customer's responsibility.

1.4 Colors are reproduced as faithfully as the photographic and production process permits.

1.5 Once products are delivered to the address on the order, all risk in them — including loss or damage — sits with the Customer. Ownership, however, stays with us until we have been paid in full.

1.6 We accept no liability and pay no compensation for indirect losses of any kind, such as lost profit, lost income, wasted time, time away from work, or anticipated savings. Nothing here limits our liability for death or personal injury resulting from our negligence, or any other liability that the law does not allow us to exclude.

1.7 These Terms are the complete basis on which we supply products, and they replace any earlier understanding or representation, spoken or written.

1.8 We may revise these Terms at our discretion. Updated versions are posted on our website and replace any earlier published terms.

1.9 If we delay or decline to enforce a right under these Terms on any occasion, that does not waive the right.

1.10 Should any provision be found unenforceable by a court, it will be reworded to capture its original intent as nearly as possible; if that is not possible, it will be severed, leaving the rest of the Terms intact.

1.11 The Customer may not transfer or subcontract their rights or obligations under these Terms without our written consent beforehand.

1.12 These Terms are governed by the laws of the State of Florida, and the Florida courts have exclusive jurisdiction over any dispute arising under them.

2. Force Majeure

OVIA Living bears no responsibility for delay or non-performance caused by circumstances that were not reasonably foreseeable and lie beyond our reasonable control, including any event that renders performance commercially impracticable, unlawful, or impossible.

3. Prices

3.1 Unless stated otherwise, the price shown excludes delivery. Where a delivery charge applies, it appears at checkout before any payment details are entered.

3.2 Any reduction shown in a sale or clearance section is measured against the product's original website price.

3.3 Sale prices are time-limited and apply only to orders placed within the stated sale window. Orders outside that window are charged at standard pricing.

4. Payment

Payment may be made using any method offered on the website. For the full payment terms and privacy practices, please refer to the relevant payment provider.

4.1 We take payment when the order is received. All goods depend on availability; if we cannot supply an item, we will tell the Customer as soon as we can and refund what was paid.

4.2 The price owed is the one displayed when we receive the order. If a pricing error has occurred, we will notify the Customer and offer either to reconfirm at the corrected price or to cancel for a full refund.

4.3 Title passes to the Customer on delivery, so long as we have received payment in full.

5. Permitting

As the manufacturer and distributor, OVIA Living does not handle permitting approval or any site- or region-specific paperwork needed for installation.

Determining whether permits or approvals are required — under local or state building codes, zoning rules, HOA guidelines, or any other authority — rests with the Customer, as does the cost of obtaining them.

6. Retention of Title

Goods remain the property of OVIA Living until they have been paid for in full.

7. Warranty

7.1 What is covered. OVIA Living pergolas carry a tiered warranty against manufacturing defects in materials and workmanship:

• 10 years (Ultra) / 15 years (Max+): the main structural frame — aluminum posts, beams, and rafters.

• 5 years: the powder-coat / paint finish, the manual louver mechanism, and ancillary parts.

• 2 years: electrical components — motor, control unit, remote, and LED lighting — when bought together with the pergola.

7.2 When it starts. Coverage runs from the installation date and is activated by registering the product within 30 days of delivery, including the installation photos described on our Warranty page.

7.3 Conditions. The warranty is non-transferable and applies only to the original purchaser within the continental United States. At our discretion, it covers repair, replacement of parts, or reimbursement up to the original purchase price of the affected component; installing any replacement part is the Customer's responsibility.

7.4 What is not covered. Coverage does not extend to damage or failure caused by improper installation, incorrect or inadequate anchoring, installation on unstable or shifting surfaces, misuse, abnormal loads, unauthorized modification or repair, poor maintenance, ordinary wear, environmental or natural events beyond the model's rated limits, or installation completed more than six months after delivery. Where a pergola is wall-mounted, the pergola itself remains covered, but damage arising from the host structure — including its movement, settling, decay, or loss of integrity, water seepage between the wall and the pergola, or damage transferred from that structure — and damage from wall-mount installation that does not follow the OVIA manual and mounting guidance, are not covered. The complete terms and exclusions appear on our Warranty page, which forms part of these Terms.

7.5 Claims. File any claim within 30 days of spotting the issue, including proof of purchase and photos, at info@ovialiving.com. Approved claims are handled promptly. We may hold warranty benefits while any amount owed to OVIA Living is outstanding.

8. Liability and Responsibility for the Installed Pergola

8.1 OVIA Living's obligation is to supply products free from manufacturing defects in materials and workmanship, as described in Section 7. Once a pergola has left our warehouse and been installed, we are not responsible for its performance, safety, stability, or condition, other than where a genuine manufacturing defect is shown.

8.2 OVIA Living carries no responsibility for any loss, damage, injury, or fault that results from:

• installation that departs from the OVIA manual, including errors in assembly, measurement, or anchoring;

• work carried out by the Customer or by any third-party installer;

• placement on an unstable, uneven, or moving surface, or damage caused by ground or slab movement;

• damage arising from the host structure where the pergola is wall-mounted, including movement, settling, or loss of integrity of that structure, water intrusion between the wall and the pergola, or any damage transferred from it, and any wall-mount installation that does not follow the OVIA manual and mounting guidance;

• misuse, abnormal loading, modification, poor maintenance, or disregard of our care and operating guidance; or

• weather or environmental conditions beyond the model's rated performance.

8.3 Ensuring the pergola is installed correctly — on a suitable foundation, by a competent installer, and in keeping with the manual — is the Customer's responsibility. A Customer who installs the pergola personally, or hires a third party to do so, takes on responsibility for that work and its result.

8.4 OVIA Living remains fully liable for damages caused by us, our representatives, or our agents in cases of death or personal injury, intentional or grossly negligent misconduct, breach of warranty, or where product liability law applies. This does not extend to our referral partners or carriers.

8.5 Apart from the liabilities described in 8.4, our total liability in connection with any order will not exceed the amount the Customer paid for the affected product.

9. Putting Defects Right

OVIA Living will put right damage caused by genuine material defects, as long as:

• the product was assembled following the supplied instructions;

• reasonable steps were taken to shield it from the weather; and

• the Customer confirmed that all parts were present and undamaged before assembly.

Parts damaged during assembly because of an obvious pre-existing defect that was not reported before installation fall outside coverage.

10. Installation by Third Parties

Before bringing in any third-party installer, the Customer must confirm that all parts have arrived complete and undamaged. OVIA Living is not liable for costs or delays caused by incomplete deliveries or scheduling problems, and takes no responsibility for any damage or issue stemming from installation carried out by a third-party installer or by the Customer.

11. Transport Damage and Refused Deliveries

11.1 Where goods arrive with visible transport damage, the Customer should record it at the point of delivery, alert the carrier at once, and contact OVIA Living support. Reporting it quickly helps us file carrier claims and resolve matters.

11.2 Where a delivery is refused although no visible damage was recorded, any extra cost of re-delivery or refusal falls to the Customer.

12. Shipping

12.1 We ship only within the continental United States. We do not deliver to Hawaii, Alaska, or anywhere outside the contiguous states unless a separate written arrangement is made.

12.2 Standard delivery covers unloading from the truck and placing the cartons in an accessible, dry spot of the Customer's choosing. Delivery to raised or non-standard locations, rooftops included, is not part of standard service and carries extra charges. Making sure the property is accessible for delivery is the Customer's responsibility.

12.3 We do our best to deliver within the stated timeframes, but delays can arise from factors outside our control, and all products depend on availability. OVIA Living is not liable for delay or failure to deliver within an estimated timeframe.

12.4 Every item must be inspected within 7 days of arrival. Any damage, fault, wrong product, or missing part must be reported to us within that window. Risk of loss and damage transfers to the Customer at delivery.

12.5 The Customer must give us complete, accurate delivery details, including the recipient's name and address. We are not liable for delivery problems that stem from incomplete or inaccurate information.

13. Complaints

If a purchased product is defective, the Customer keeps their statutory warranty rights. Confirming a defect requires photos and part numbers. Reach us at info@ovialiving.com for help.

14. Cancellations

No-cost cancellation: An order may be cancelled within 72 hours of being placed at no charge.

20% fee: After 72 hours, cancelling an order incurs a 20% fee. If the item has already shipped, the return shipping and restocking fees described below apply as well.

15. Returns and Refunds

15.1 Inspect all items within 7 days of receipt. Any damage, fault, wrong product, missing part, or unsuitability must be reported within that window. Approved refunds are processed within 1–10 business days.

15.2 A full refund applies where a product is unavailable and no acceptable alternative exists, or where a product is damaged or faulty and no replacement can be supplied. Where a replacement is obtainable, OVIA Living may provide one instead.

15.3 OVIA Living does not offer exchanges or swaps on pergolas or accessories. A Customer who wants a different product must return the original item and place a separate new order; the refund on the original order is handled under the terms below.

15.4 Returning a Full Pergola

Where a Customer seeks to return a standard (non-custom) pergola after delivery, the following apply:

• Cancellation fee. Orders cancelled or returned after the 72-hour window carry the 20% cancellation fee set out in Section 14.

• Packaging and dispatch. The Customer is responsible for properly packaging and palletizing the pergola so it travels securely. Once it is dispatched, responsibility for its safe arrival rests entirely with the Customer and their chosen carrier.

• Carrier choice. The Customer may arrange their own carrier or use OVIA Living's shipping partner for the return.

• Shipping cost. If the Customer uses OVIA Living's shipping partner, a return shipping charge of $1,000 (continental U.S.) is deducted from the refund, along with a $500 restocking fee.

• Inspection on arrival. Once the pergola reaches our facility, it is fully inspected. If it is in good, re-sellable condition, the refund — less the 20% cancellation fee, the $500 restocking fee, and any shipping charges — is issued within 10 business days. If it arrives damaged or in a condition that reduces its resale value, OVIA Living may withhold part or all of the refund to reflect that reduction.

• Customer risk. Every return is at the Customer's risk. If the pergola is damaged in transit, the Customer may file and pursue a claim with the carrier; OVIA Living is not responsible for any damage occurring during return shipping.

Returns must be initiated within 14 calendar days of delivery, and an OVIA Living order number is required.

15.5 Cancellations and Changes While an Order Is in Transit

• Cancelling in transit. To cancel a pergola that has already shipped, a $1,000 recall charge and a $500 restocking fee apply to cover the associated costs, in addition to the 20% cancellation fee in Section 14.

• Changing an order in transit. To change a full pergola order that has already shipped, a $1,000 recall and restocking charge applies. The 20% cancellation fee will be waived where the Customer re-orders another pergola of equal or greater value.

15.6 Custom-Size and Custom-Made Products

Pergolas built to a custom size, and other custom-made items, are produced to the Customer's own specifications. They are non-cancellable and non-returnable, and are not eligible for a refund except where a genuine manufacturing defect arises, in which case the warranty and complaint provisions apply. A custom item cannot be resold to another customer, which is the reason for this exclusion.

15.7 Accessory Returns

Accessories may be returned for a refund within 14 calendar days of delivery, provided the Customer covers all return shipping costs. Returned accessories are inspected, and refunds may be reduced for damage or diminished value. A 20% cancellation fee applies to wall-based accessories, including screens, glass doors, and aluminum or wood slat walls.

Standard return fees apply per item:

• Screen: $500 each (maximum $1,000)

• Glass wall: $750 each (maximum $1,000)

• Aluminum / wood slat wall: $500 each (maximum $1,000)

• Heater: $50

• LED kit: $50

Only OVIA Living customers may return OVIA Living merchandise, and an OVIA Living order number is required to begin a return.

16. Custom Design

16.1 For products that are not pre-made and whose production depends on the Customer's individual choice or specification, or that are shaped to the Customer's personal needs, no right of withdrawal exists. This is true in particular of our custom-size pergolas and custom-made accessories — screens, slat walls, glass, and sliding glass panels.

16.2 Because these custom-made products are built to the Customer's specifications and cannot be resold, the right of withdrawal does not apply to them.

16.3 If a defect appears in a custom-made product, the Customer still holds their statutory warranty rights. Contact info@ovialiving.com and we will work toward a suitable resolution.

16.4 Custom-size pergolas may vary from the exact measurements by a tolerance of ± 0.59 inches.

17. Tax Exemptions

A Customer seeking a federal or state tax exemption must send the relevant documentation to info@ovialiving.com before purchasing. Exemptions cannot be applied to existing orders after the fact.

18. Final Provisions

These Terms are the full and final agreement between the Customer and OVIA Living. Anything not addressed here is governed by the applicable laws of the State of Florida.

Last updated: June 2026.