Legal
Terms & conditions
The conditions under which Ombra Outdoor Systems offers and delivers its louvered pergolas and retractable sun shades — written to be read, not skimmed past. They explain how an order request becomes an agreement, what you may expect from a delivery, and what your rights are if something is not right.
1. Identity of the seller
These terms and conditions are used by:
| Trade name | Ombra |
| Legal name | Ombra Outdoor Systems |
| Address | De Maas 14, 5684 PL Best, the Netherlands |
| studio@ombraoutdoor.nl | |
| Telephone | +31 499 55 01 20 |
| Website | https://ombraoutdoor.nl |
| Chamber of Commerce (KVK) | [KVK-NUMMER] |
| VAT identification number | [BTW-NUMMER] |
| Established | 2008 |
The address above is both our visiting address and the address for correspondence, including notices of withdrawal and complaints. Our telephone line and our studio inbox are the fastest ways to reach us; we answer email within one working day.
2. Applicability
These terms apply to every offer made by Ombra, to every order request submitted by a customer, to every agreement concluded between Ombra and a customer, and to every delivery made under such an agreement.
They are made available on this page before the agreement is concluded, in a form that can be read, saved and printed. On request we will send them by email free of charge.
2.1 Definitions
- Ombra — Ombra Outdoor Systems, the seller described in section 1.
- Customer — the party that submits an order request or concludes an agreement with Ombra.
- Consumer — a customer who is a natural person and who is not acting in the course of a trade, business, craft or profession.
- Business customer — any customer that is not a consumer.
- Order request — the request described in section 4, submitted through the checkout on this website or by email or telephone.
- Order confirmation — the email in which Ombra accepts an order request.
2.2 Precedence and severability
- Mandatory consumer law takes precedence. Where a provision of these terms conflicts with a mandatory rule protecting consumers, that rule applies and the provision is read as far as possible in a way that respects it.
- Any general terms and conditions used by a business customer are expressly rejected unless Ombra has accepted them in writing.
- Deviations from these terms are valid only if agreed in writing, and apply only to the agreement for which they were agreed.
- If a provision is or becomes void or is annulled, the remaining provisions stay in force; Ombra and the customer will replace the affected provision with one that comes as close as possible to its purpose.
2.3 Amendments
Ombra may amend these terms. The version that applies to an agreement is the version published on this page at the moment the order request was submitted. Amendments never affect agreements already concluded.
3. The offer
Every offer on this website — each product page, the configurator and the shopping cart — is an invitation to submit an order request. It is not a binding offer by Ombra; see section 4.
3.1 Prices shown
All prices are stated in euro and include Dutch VAT unless expressly stated otherwise. Delivery costs are shown separately in the cart and in the order confirmation; see section 7. The price that applies is the price displayed for the configured system at the moment the order request is submitted, as repeated in the order confirmation.
Our current range and its indicative price bands:
| Pergola Mezzo (electric) | €6,400 – €10,000 |
| Pergola Piano (manual) | €5,000 – €6,000 |
| LED (Pergola Piano, manually switched) | €750 |
| Retractable sun shades (solar or wired, 3–5 m) | €1,600 – €3,100 |
These bands are indicative and depend on size, finish and options. The configured price on the product page is the one that counts.
3.2 Descriptions and images
Product descriptions, dimensions and specifications are prepared with care and are sufficiently detailed for the customer to judge the system properly. Colour and texture shown on a screen are a reproduction: a small difference between the screen image and the delivered powder-coated finish is not a defect. Where a dimension is given as a nominal size, ordinary manufacturing tolerances apply.
3.3 Quotations
A written quotation issued by our studio — for example for a project enquiry, or for a configuration that is not available directly from the shop — is valid for 30 days from its date, unless the quotation itself states a different term. After that term the quotation lapses and we will re-price on request.
3.4 Campaign pricing
Campaign prices, discount codes and other temporary offers apply only for the period stated with the offer, and only while the campaign lasts. They are not applied retroactively to agreements concluded before the campaign began, and they lapse for order requests submitted after it has ended. Any conditions attached to a campaign are stated with the offer.
3.5 Obvious errors
An obvious error or obvious mistake in an offer — a manifestly incorrect price, a typographical error, or an error caused by a fault in the website or the price calculation — does not bind Ombra. If an order request is based on such an error, we will inform the customer without delay and will not confirm the request at the incorrect price. The customer is then free to submit a new request at the corrected price or to let the matter rest; nothing is owed either way.
4. The agreement
This webshop does not take payment online and does not conclude the purchase at the moment of checkout. It works as an order request. The exact sequence matters, so it is set out step by step.
- The customer configures a system and submits an order request through the checkout, or by email or telephone, stating the products, options, quantities, the delivery address and the customer's contact details.
- The order request is an offer by the customer to conclude an agreement on the terms shown at that moment, including the price and these terms and conditions.
- The confirmation shown on screen after submitting, and any automatic acknowledgement of receipt, confirm only that the request has reached us. They are not an acceptance and do not create an agreement.
- Ombra checks availability, the delivery term and the technical feasibility of the configuration, and responds by email — normally within one working day.
- The agreement comes into being at the moment Ombra confirms the order request by email (the order confirmation), and not before. The order confirmation states the products, the price, the delivery cost, the expected delivery term and the payment terms.
- If Ombra cannot accept the request, or can accept it only on different terms — a different delivery term, a corrected price under section 3.5, or a changed configuration — that response counts as a rejection together with a new offer. The agreement is then concluded only once the customer accepts that new offer in writing.
- Until Ombra has sent the order confirmation, the customer may withdraw the order request at any time, free of charge and without giving reasons, by email to studio@ombraoutdoor.nl.
No payment details are collected through this website and no payment is taken at the moment of the request. Payment is arranged after the order confirmation; see section 6.
The customer is responsible for the accuracy of the details supplied. Ombra may contact the customer by telephone or email to verify a request, and may — stating reasons — refuse a request or attach conditions to it, for example where a configuration is technically unsuitable for the intended location or where an earlier order has not been paid.
Ombra stores the order confirmation and the order request with it. A customer who wants a copy can request one at any time at studio@ombraoutdoor.nl.
5. Right of withdrawal
5.1 The statutory 14-day period for consumers
A consumer may dissolve the agreement without giving reasons within 14 days of receiving the goods. The period starts on the day after the consumer, or a third party designated by the consumer other than the carrier, has taken physical possession of the goods. Where an order is delivered in several shipments or parts, the period starts on the day after receipt of the last shipment or part.
To exercise the right, the consumer informs Ombra of that decision within the 14-day period by an unambiguous statement — an email to studio@ombraoutdoor.nl is enough. The EU model withdrawal form may be used but is not obligatory. We confirm receipt of every notice of withdrawal by email.
5.2 Returning the goods
After giving notice, the consumer returns the goods within 14 days. During the withdrawal period the consumer may handle and inspect the system only as they would be allowed to in a shop. The kits are supplied uninstalled and must be returned uninstalled and in their original packaging, with all parts and documentation. A consumer who has handled the goods beyond what is necessary to establish their nature, characteristics and functioning is liable for any resulting diminished value.
Because the systems are large and heavy, they cannot be returned by ordinary post. The cost of returning them is borne by the customer, and the practical arrangements are made in consultation with our studio so that the pallet is collected and packed in a way that protects it. Contact us before shipping anything back.
5.3 Refund
Ombra refunds all payments received from the consumer, including the standard delivery cost charged for the outbound delivery, within 14 days of the day on which the notice of withdrawal was received. Where the consumer chose a more expensive delivery method than our standard delivery, the surcharge is not refunded. We use the same means of payment as the original transaction unless the consumer agrees otherwise, and we charge nothing for the refund. Ombra may wait to refund until the goods have been received back, or until the consumer has shown proof of return, whichever comes first.
5.4 Why no made-to-order exception applies
The statutory exception for goods made to the consumer's specification or clearly personalised does not apply to our range. Every Ombra system is supplied as a standard ready-to-assemble kit in a standard size and a standard finish from our catalogue; the choices made in the configurator select between standard variants and do not make the product bespoke. Consumers therefore keep the full 14-day right of withdrawal on everything sold through this webshop. If Ombra were ever to offer a genuinely bespoke system, that would be stated expressly before the order request is submitted.
5.5 Our 30-day return policy
On top of the statutory right, Ombra offers a commercial return period of 30 days for goods that are uninstalled and in their original packaging, with return shipping at the customer's expense given the size and weight of the kits. This policy is in addition to the statutory right of withdrawal and never limits it. The conditions are set out on our returns page.
5.6 Business customers
The statutory right of withdrawal is a consumer right and does not apply to business customers. Ombra may nevertheless accept a return from a business customer on the conditions of section 5.5; any such acceptance is given case by case and in writing.
6. Prices and payment
All prices are in euro and include Dutch VAT unless expressly stated otherwise. Delivery costs are stated separately (section 7). The price and the delivery cost agreed in the order confirmation are fixed for that agreement; a later price change in the shop does not affect it.
No payment is taken through this website. The checkout collects no card, bank or other payment details, and submitting an order request does not create a payment obligation — the obligation arises only once the agreement is concluded under section 4.
The applicable payment method and the payment term, including any advance payment, are stated in the order confirmation and are agreed there. We will not dispatch an order before the payment terms stated in the confirmation have been met, unless we have agreed otherwise in writing.
Where a consumer is required to pay in advance, that consumer may claim no right to delivery of the order until the required advance payment has been made.
The customer must report any inaccuracy in payment details supplied or stated to Ombra without delay.
If the customer does not pay on time, the customer is in default after Ombra has sent a reminder. For consumers, that reminder sets a further period of at least 14 days after receipt, and states the extrajudicial collection costs payable if payment is still not made within that period. From the moment of default, Ombra may charge the statutory interest and the extrajudicial collection costs, calculated for consumers in accordance with the Dutch decree on compensation for extrajudicial collection costs.
Delivered goods remain the property of Ombra until the customer has paid everything owed under the agreement in full.
7. Delivery and performance
Ombra delivers to the delivery address stated in the order confirmation and takes the greatest possible care in receiving and carrying out order requests.
| Delivery term | 2–3 weeks after the order confirmation |
| Delivery cost — orders of €1,500 and above | Free |
| Delivery cost — orders below €1,500 | [BEZORGKOSTEN < €1.500] — stated in the order confirmation |
| Method | Palletised, kerbside delivery |
| Risk passes | On delivery — see 7.4 |
7.1 Delivery term
Systems are normally delivered within 2 to 3 weeks of the order confirmation. Stated terms are indicative unless a fixed delivery date has been agreed in writing. Ombra keeps the customer informed of the planning and reports any delay as soon as it is known.
For consumers, the maximum delivery term is 30 days from the conclusion of the agreement unless a longer term has been agreed. If Ombra does not deliver within the agreed term, the consumer may set a reasonable further term for delivery; if Ombra fails to deliver within that further term, the consumer may dissolve the agreement without judicial intervention and free of charge. Ombra then refunds all amounts paid without delay, and in any event within 14 days of the dissolution.
7.2 Kerbside delivery
Kits are heavy and are shipped on a pallet by a freight carrier. Delivery is kerbside: the carrier unloads the pallet at ground level at the kerb or at the first accessible threshold of the delivery address. The carrier does not carry parts through a house, into a garden, up steps or over other obstacles, and does not unpack or assemble anything.
The customer makes sure the address is reachable by a delivery vehicle, that someone aged 18 or over is present at the agreed time to receive and sign for the pallet, and that enough people or equipment are available to move it from the kerb. If a delivery fails because nobody is present or the address is not reachable, the cost of a second delivery attempt may be charged.
7.3 Checking the delivery
We ask the customer to check the packaging for visible damage on receipt, to note any damage on the carrier's consignment note, and to report it to Ombra with photographs as soon as possible — ideally within two working days. This makes a claim against the carrier straightforward. For consumers, failing to do so does not affect their statutory rights under sections 5 and 9.
7.4 Risk
The risk of loss of or damage to the goods passes to the customer at the moment of delivery, that is, when the customer or a third party designated by the customer other than the carrier has taken physical possession of the goods. Where the customer has engaged a carrier of their own that was not offered by Ombra, the risk passes at the moment the goods are handed over to that carrier.
8. Assembly and installation
8.1 Self-assembly is the default
Every Ombra system is delivered as a ready-to-assemble kit. Unless an installation service has been agreed separately, assembly is carried out by the customer. Two people typically complete an assembly in 6 to 8 hours. Every order includes the full installation manual for the system supplied, and all manuals and step-by-step films are available on our manuals and installation page.
8.2 The customer's responsibilities
- Providing a suitable, level and sufficiently load-bearing substrate, and anchoring the system as prescribed in the manual for the location and the size supplied.
- Following the installation manual and the stated torque, fixing and drainage instructions.
- Checking and, where necessary, obtaining any local permit or consent required for placing the system, and observing any rules that apply at the location.
- Observing the maintenance and operating instructions supplied with the system.
8.3 Electrical connection of the Pergola Mezzo
The Pergola Mezzo is an electrically operated system. Its connection to the mains must be carried out by a certified electrician, in accordance with the electrical installation regulations that apply at the location — in the Netherlands, NEN 1010. The customer arranges this connection and bears its cost. Defects, damage or injury arising from a connection that was not made by a certified electrician or that does not comply with those regulations fall outside the warranty of section 9 and outside Ombra's liability.
8.4 Installation by Ombra
Installation by Ombra can be added to any system as a paid option, at the flat price shown with that option: €1,500 for a pergola and €750 for each retractable sun shade. It is carried out by our own fitters on a date agreed after the order, at a normally accessible location with a level, load-bearing surface and — for a motorised system — a working 230V connection within reach. Where the location needs preparation beyond that, we say so before the work starts and quote it separately.
8.5 Modifications
Structural modifications to the system, the use of non-original parts, or assembly that deviates from the manual may compromise the strength and the water-tightness of the construction. The warranty of section 9 does not extend to parts affected by such modifications.
9. Conformity and warranty
9.1 Statutory conformity
Ombra guarantees that the goods conform to the agreement, to the specifications stated in the offer, to reasonable requirements of soundness and usability, and to the statutory provisions in force on the date the agreement was concluded. The statutory rights of consumers under Dutch law — including the right to repair, replacement, a price reduction or dissolution where the goods do not conform — always apply and are never limited or replaced by the commercial warranty below.
9.2 Commercial warranty
| Aluminium frame — structural | 5 years |
| Motors and electrical components | 2–5 years |
The warranty period runs from the date of delivery. For motors and electrical components the applicable term within the 2–5-year range depends on the component and the system; the term that applies to a specific system is stated on its product page and repeated in the order confirmation. The order confirmation serves as proof of purchase.
Where a defect covered by this warranty appears within the applicable period, Ombra repairs or replaces the defective part free of charge, at its option, within a reasonable time and without significant inconvenience to the customer. Replacement parts take over the remaining term of the original warranty.
9.3 Exclusions
The commercial warranty of section 9.2 does not cover:
- defects arising from improper installation — including anchoring that deviates from the manual, an unsuitable or insufficiently load-bearing substrate, and a mains connection that was not made by a certified electrician or that does not comply with the applicable regulations;
- damage caused by extreme weather or other events beyond normal use — storm, wind above the wind class stated for the system, hail, snow load, flooding, lightning or fire — and damage caused by leaving louvers or a shade extended in such conditions;
- misuse: overloading, use outside the intended purpose of the system, hanging loads from the structure, or failing to carry out the maintenance described in the documentation supplied;
- normal wear, and gradual changes in appearance such as discolouration or weathering of the finish that do not affect the function of the system;
- modifications, repairs or the fitting of non-original parts by the customer or by a third party not engaged by Ombra;
- transport damage that was visible on delivery and was not reported in accordance with section 7.3;
- damage caused after delivery by the customer or by third parties.
An exclusion in this section never affects a consumer's statutory rights under section 9.1.
9.4 Making a claim
A warranty claim is made in the same way as a complaint; see section 10. Please include the order number, a description of the defect and photographs, so that we can identify the part and send the replacement directly.
10. Complaints
Complaints about the performance of an agreement are submitted to Ombra fully and clearly described, by email to studio@ombraoutdoor.nl or by telephone on +31 499 55 01 20. Please state the order number and, where the complaint concerns a product, add photographs.
A complaint should be submitted within a reasonable time after the customer has discovered the defect. For consumers, a complaint made within two months of discovery is in any event timely.
Ombra responds to a complaint within one working day. We aim to resolve every complaint within 14 days of receipt. If a complaint needs longer to investigate, we confirm receipt within that period, explain what we are doing and state when the customer can expect a substantive answer.
A complaint does not suspend Ombra's obligations unless Ombra states otherwise in writing.
10.1 If we do not resolve it together
If a complaint cannot be resolved in mutual consultation, the customer may bring the dispute before the competent court under section 12. Ombra is not affiliated with a certified disputes committee or a guarantee scheme, and makes no claim to any such membership.
The European Commission's online dispute resolution (ODR) platform, formerly at https://ec.europa.eu/consumers/odr/, stopped accepting new complaints in July 2025 and is no longer a usable route, so we do not refer customers to it. Consumers with a cross-border complaint can turn to the European Consumer Centre in their country of residence for free advice.
11. Liability
Ombra is liable in accordance with the law. Nothing in these terms limits or excludes Ombra's liability for death or personal injury, for damage caused by intent or deliberate recklessness on the part of Ombra or its management, for liability under the statutory rules on product liability, or for a consumer's rights where the goods do not conform.
Beyond those cases, Ombra's liability for damage arising from or in connection with an agreement is limited to the invoice value of the order to which the damage relates, or — if higher — to the amount paid out by Ombra's liability insurer in the case concerned.
Except where mandatory law provides otherwise, Ombra is not liable for indirect or consequential loss, including loss of profit, loss of turnover, loss of use or enjoyment, and costs of work by third parties that were not agreed with Ombra.
Ombra is not liable for damage arising from:
- assembly or installation carried out by the customer or by a third party engaged by the customer, where that work deviates from the manual;
- a mains connection that was not made by a certified electrician or that does not comply with the applicable electrical regulations;
- an unsuitable location, an insufficiently load-bearing substrate, or anchoring that deviates from the manual;
- use of the system outside the conditions stated in the documentation supplied, including its wind class and its maintenance requirements.
11.1 Force majeure
Ombra is not obliged to perform any obligation if it is prevented from doing so by a circumstance beyond its control and not attributable to it by law, by a legal act or by generally accepted standards. Such circumstances include disruption of transport or of the supply chain, failure of a supplier, extreme weather, fire, flooding, government measures, a shortage of energy or raw materials, and cyber incidents affecting Ombra or its suppliers.
During a period of force majeure, Ombra's obligations are suspended. If that period lasts longer than 60 days, either party may dissolve the agreement in writing, without either party owing the other any compensation. Amounts already paid for parts not delivered are refunded within 14 days of the dissolution.
12. Applicable law and competent court
Dutch law governs every agreement between Ombra and a customer to which these terms apply. The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) is excluded.
For a consumer who is habitually resident in another member state of the European Union, this choice of law does not deprive that consumer of the protection afforded by the mandatory provisions of the law of their country of residence.
Disputes are submitted to the competent court in the district in which Ombra is established — for our address in Best this is the district court of Oost-Brabant. A consumer retains the statutory right, within one month after Ombra invokes this clause, to choose the court that has jurisdiction under the ordinary rules of law, and may in any event bring proceedings before the court of their own place of residence where European rules on jurisdiction so provide.