This is a legally binding contract that can be enforced in a court of law.
These Terms and Conditions (“Terms and Conditions”) apply to the purchasers of any and all products (“Products”) manufactured and sold by JASWIG® llc (“Jaswig”) and to any and all users of this website. The purchaser of the Products (“Purchaser”) and user of the website agree to be bound by these Terms and Conditions.
Here’s what our product does.
Jaswig provides Purchaser with a height adjustable standing desk and possibly other products. The desks provide furniture for an active lifestyle and can be used at home, in the office, and in the classroom.
All Products manufactured by Jaswig will be used according to these safety instructions.
These safety instructions are intended not only for the protection of the desk, but also to protect the safety of yourself and others. Jaswig’s standing desk products are not heavy duty working surfaces, chairs, or toys. Jaswig’s desks are elevated surfaces used to support light weight study or work materials. Improper use of the desk can cause serious injury and/or property damage. In the case of improper use, a desk can be dangerous. Use every reasonable precaution possible when using the desk. Jaswig does not guarantee error-free products, including without limitation to its structural stability and height adjustment system. The desks need correct on-site assembly according to the assembly manual found at www.jaswig.com in order to be acceptable for use.
Proper use of the desk is limited to supporting proper desk materials such as books, paper, pens and pencils, laptops, computers and other educational tools, absolutely not exceeding a total of 20lbs (9kg). Always lock the locking bar of the desk when in use. Improper use of the desk includes and is not limited to: not locking the desk when in use, sitting, standing or hanging on the desk, pushing the desk over, putting two feet on the footrest, rocking the desk back and forth, drawing and/or carving on the desktop, placing hot objects on the surface, setting on fire, using outdoors, and more.
Purchaser uses all Products at his/her own risk.
Purchaser agrees to use the Products at his/her own risk. Purchaser shall be responsible for ensuring that all users of the Products purchased by Purchaser comply with these Terms and Conditions.
Installation and maintenance shall be done in accordance with these instructions.
The desks shall be assembled on site by a capable person according to the assembly manual provided by Jaswig upon purchase of a product or special request. If Jaswig provided no manual it is the Purchasers responsibility to request one. Improper assembly can result in structural failure, instability, and permanent damage. Purchaser agrees to assemble in accordance to the manual and agrees to conduct a thorough assembly check before use and to conduct periodic maintenance and inspection of the Products. If you have any questions about assembly please contact us at firstname.lastname@example.org.
Jaswig will warrant against material defects.
Jaswig warrants that the Products will be free from any and all material defects at the time of delivery. Jaswig also warrants that all parts manufactured from 18mm Russian Birch Plywood, excluding footrest, will serve their structural purpose for 50 years. Jaswig commonly refers to this warranty as “Limited Lifetime Warranty”. This warranty applies strictly to the structural purpose of the parts, not the aesthetics nor scratches, dents, stains or other defects as a resulting of any reason. This is the sole warranty offered. THIS WARRANTY DOES NOT INCLUDE, PARTS MANUFACTORED FROM ANY OTHER MATERIAL THEN 18MM RUSSIAN BIRCH PLYWOOD OR ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TOO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THAT OF THE DESCRIPTION ON THE FACE OF THESE TERMS AND CONDITIONS. This warranty applies only to Products manufactured by Jaswig. To the extent there is a defect in a component that is manufactured by a third-party, bring your claim directly to that third-party in accordance with their manufacturer’s warranty.
The warranty is not applicable in case of:
(a) Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes. (b)Damage caused during the installation and/or caused by a use that is not in accordance with the instructions and information provided. These instructions and information can also be provided via electronic communication channels.
Pre-Order Cancellations must be made 30 days prior to shipping.
Purchasers can cancel pre-ordered Products up to thirty days prior to shipping of the purchased products.
Replacement Parts and Returns.
After a Product has been delivered to the Purchaser, if the Purchaser believes that a part of the Product is defective, Purchaser shall contact Jaswig at email@example.com within 7 days of delivery and describe the defective pieces and defects in detail plus supply images of the defects. If Jaswig finds that the part is defective and the claim was filed within 7 days of delivery, Jaswig shall, at its sole discretion, file a replacement number and replace the parts at issue. In the event of replacement, Jaswig will pay shipping costs for ground shipping of the replacement parts. If Jaswig reasonably determines that the Product is not defective or defects are due to assembly error or other conduct of the Purchaser, or the Purchaser did not file the notice within 7 days of delivery, Jaswig will deny the application and take no further action.
After a Product has been delivered to the Purchaser, if Purchaser believes that the entire Product is defective, Purchaser shall contact Jaswig at firstname.lastname@example.org within 7 days of delivery and file a return application with a detailed description and pictures of the defects. Return applications can be found at www.jaswig.com. If after reviewing the return application, Jaswig finds, in its sole discretion, that the Product is defective and that the claim was filed within 7 days of delivery, Jaswig shall assign a return authorization number. To receive a return authorization number, contact us at email@example.com, and once the product has been deemed defective, an authorization number will be provided. The Purchaser must return the Product within 14 days of the date of delivery. No Product shall be processed without a return authorization number. Purchaser agrees to pack the Product carefully, the same way it was delivered and return it to Jaswig, freight prepaid, together with an explanatory note and the return authorization number. The returned Product must be free of any defect or damage caused by shipping or assembly. If Jaswig finds that the Product is defective and that the Product was returned within 14 days of delivery, Jaswig shall, at its sole discretion, either refund the purchase price, repair the defect, or replace the product. In the event of repair or replacement, Jaswig will pay return costs for ground shipping. If Jaswig reasonably determines that the Product is not defective or was not returned within 14 days of purchase, Jaswig will contact Purchaser and will arrange for reshipment to Purchaser. Reshipment will be at the expense of the Purchaser and will include a handling fee of 10% of the entire purchase price or $250, whichever is greater. If Purchaser declines to pre-pay such shipping and handling costs, Jaswig shall be under no obligation to return such non-defective Product. Material defects are defined as a material failure to comply with Jaswig’s published technical specifications for the applicable Product, available at www.jaswig.com.
If the Purchaser would like to return the Product without specific reason, the Purchaser shall contact Jaswig at firstname.lastname@example.org within 30 days of delivery. Purchaser shall communicate and sufficiently document that the Product is undamaged and as new. After Jaswig accepts the return for inspection, Purchaser shall send the undamaged Product in it’s original condition, including original packaging, proof of payment, accessories, etc. back to the Jaswig Warehouse (address on request) within 7 days of Jaswig accepting the return for inspection. If Jaswig accepts the returned product, Jaswig will refund the full amount paid by the Purchaser within 30 days of accepting the return. The return shipping cost will be covered by Purchaser. Jaswig holds the right at any time to reject the return and not refund the Purchaser. In case Jaswig decides the product is damaged or is not eligible for return by any reason, all shipping costs plus a 250$ handling will be paid by the Purchaser before Jaswig returns the Product. Jaswig commonly refers to this program at “30 day money back guarantee.”
You must be at least thirteen years old to use our website. You must be 18 years old to place an order online for any of our Products.
You must be at least 13 years of age to use our website. If you are under the age of 13, you are not allowed to use our website. We do not knowingly collect information from individuals under the age of 13. You must be at least 18 years old to place an order on our website. You must be at least 18 years old to contact us for a quote.
In the event that a lawsuit arises out of this agreement Ohio law will apply and Ohio will be the only jurisdiction in which an action may be brought.
This contract is governed by Ohio law, and any other legal rules (such as conflict of law provisions) that indicate another jurisdiction’s law should be used, do not apply. The parties agree and consent to exclusive jurisdiction in the state and/or federal courts located in Summit County, Ohio.
You will not use our site in an unauthorized or inappropriate manner.
You will not engage in any unauthorized or inappropriate actions, such as but not limited to, attempting to hack our site, misappropriate information or infringe our intellectual property.
Jaswig assumes no liability and Purchaser is solely responsible and assumes all risk.
Jaswig assumes no liability for damage or injury associated with the use of the Products. Jaswig does not guarantee error-free products, including but not limited to its structural stability and height-adjustment system.
Purchaser is solely responsible for any and all adjustments made to the Products in order to suit personal preferences.
Purchaser assumes all liability for damages to property or persons caused by use of Products.
Purchaser assumes all liability for improper use of the Products. Improper use of the desk includes and is not limited to, not locking the desk when in use, sitting, standing or hanging on the desk, pushing over, drawing and/or carving on the desktop, placing hot objects on the surface, setting on fire, using outdoors, and more.
Purchaser will, and hereby does, assume all risk and Purchaser determines the suitability of the Product for his or her intended use. Anyone injured or any property damaged by use of the Product purchased by Purchaser is the sole responsibility of the Purchaser.
IN NO EVENT SHALL JASWIG BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF PRODUCTS SOLD, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL JASWIG, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO PURCHASER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PURCHASER PAID TO JASWIG. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS FOR LIABLITY, EVEN IF JASWIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to purchaser. This agreement gives purchaser specific legal rights, and purchaser may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Purchaser agrees to defend, indemnify and hold harmless, Jaswig.
Purchaser hereby defends, indemnifies and holds harmless Jaswig and its agents, representatives and employees from any and all claims, liabilities, damages, and expenses (including attorney’s fees actually incurred) on account of death or injury to any person or damage to any property arising from or in connection with any products purchased by purchaser, except to the extent arising from the gross negligence or willful misconduct of Jaswig. This indemnity shall apply without regard to whether the claim, damage, liability or expense is based on breach of contract, breach of warranty, negligence, strict liability, some other tort, or any other theory of liability.
If a court determines one part of this agreement is invalid, the rest of the agreement still stands up.
If a court determines, for example, that a particular section of this agreement is invalid and void under the law, the rest of this agreement is still applicable and binding upon both parties.
This is the entire agreement between Purchaser and Jaswig.
These Terms and Conditions represent the entire integrated agreement of the parties with respect to the subject matter hereof and supersede and replace any prior or contemporaneous agreement or understanding. Changes or modifications to these Terms and Conditions can be made at any time at the sole discretion of Jaswig, without any notice to you the Purchaser. These changes or modifications will be posted here immediately once they are implemented. Continuing use of this site is a manifestation of your agreement to and acceptance of the updated Terms and Conditions.
We are happy to answer any and all questions. Contact us at email@example.com.