At Tabl Furniture LLC, we pride ourselves on our beautifully crafted and high quality products. But we do need to tell you some things about our warranty and your rights.
PLEASE READ CAREFULLY
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
WHEN THESE TERMS APPLY
- These terms and conditions (“Terms”) apply to the purchase and sale of Tabl products, sold by Tabl Furniture LLC (“Tabl”, “we”, “us” or “our”). BY PURCHASING A PRODUCT FROM OUR WEBSITE AND CLICKING “I ACCEPT”, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS.
- YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US OR THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
- These Terms are subject to change, without prior notice, in our sole discretion. Changes to the Terms will be in effect as of the "Last Updated Date" referenced below. You should review these Terms prior to purchasing any product from us. Your continued use of this website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
- When you place an order with us, you are offering to buy, under these Terms, the product(s) set out in your order. All orders must be accepted by us, in our sole discretion. We can choose not to accept any order for any reason. Once we accept your order, we will send you an order confirmation with the details of your order and an agreement incorporating these Terms and the information in your order request will be formed between you and us.
- These Terms, including the Warranty described below, apply only to end-consumers and will not apply to wholesalers, retailers or distributors of our products. Separate terms apply. If you want to distribute our products, get in touch. You represent and warrant that you are buying any products you order from us for your own personal use and not for resale or export.
- You can cancel your order any time before receiving an order confirmation from us. We may cancel your order at any time, for any reason, including after sending an order confirmation to you. If we cancel your order and you have already paid for the product, we will issue you a refund.
- All prices on our website do not include taxes, duties or charges for shipping and handling. All such taxes and charges will be added to your purchase total in your shopping cart at the time of purchase and will be itemized in your order confirmation email.
- Terms of payment are within our sole discretion and payment must be received before our acceptance of an order. If you pay by credit, debit or charge card, you represent and warrant that (i) the card information you supply is true, correct and complete, (ii) you are duly authorized to use such card for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our website at the time of your order.
SHIPMENT AND CANCELLATIONS
- The time for preparing your order for delivery and for shipping may vary. Delays in delivery, however, do not give you the right to cancel your order, or to claim damages.
- We will arrange for shipment of the products to you. Delivery options will be made available to you during checkout. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
- If the carrier / delivery company is unable to deliver a package to you (e.g. multiple failed delivery attempts, you enter your shipping address incorrectly, etc.), we are not responsible for payment of return shipping to us or re-shipping to you. In such cases, you will be responsible for all shipping costs associated with such failed delivery.
- Title and risk of loss pass to you upon our delivery of the product to the carrier / delivery company. All liability for breakage and / or non-delivery to you will be determined by the carrier / delivery company terms and conditions of carriage.
NO RETURNS AND REFUNDS EXCEPT FOR DEFECTS
- Except for defective products, ALL PRODUCTS WE SELL ARE NON-RETURNABLE AND NON-REFUNDABLE. If you have specific questions regarding any of our products, please get in touch prior to purchase.
- THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
- SUBJECT TO THESE TERMS, WE WARRANT THAT DURING THE WARRANTY PERIOD (DEFINED BELOW), THE PRODUCTS PURCHASED FROM THIS WEBSITE WILL BE FREE FROM DEFECTS IN MANUFACTURING AND WORKMANSHIP (“WARRANTY”).
- WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE WARRANTY. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THE WARRANTY.
Who may use this Warranty?
- This limited warranty extends only to the original purchaser of products from this website and only to purchasers who are located in the continental United States. It does not extend to any subsequent or other owner or transferee of the product.
What does this Warranty cover?
- During the Warranty Period (as defined below), this limited warranty covers defects in manufacturing and workmanship in products purchased from this website.
What Doesn’t This Warranty Cover?
- To the extent permitted by law, this Warranty and any other warranty, guarantee or representation, implied by law, does not cover:
- Transportation and storage;
- Natural variations in the wood grain or metal coatings or patina of or scratches to metal surfaces;
- Normal wear and tear including, without limitation, changes in surface finishes due to oxidation, aging, exposure to light or otherwise;
- Damaged resulting from misuse, mistreatment, or improper use;
- Failure to follow the product instructions including, without limitation, improper assembly or installation, or any failure to perform any preventative maintenance;
- Use with any flat surface weighing 60 kilograms / 130 pounds or more;
- Use with brittle or cracked surfaces (e.g. brittle stone types);
- Outdoor use;
- The flat surface with which you use our products including any damages thereto or breakages thereof;
- Modifications or alternations to any of our products;
- Repairs undertaken by anyone other than us;
- Second-hand, refurbished, or refinished products; and
- External causes such as accidents, abuse, atypical use, or other actions or events beyond our reasonable control.
Please refer to our care instructions, supplied with your product or available for download here for more information about how best to care for your Tabl products.
How long is the warranty period?
- This limited warranty starts on the date you purchase the product from us and lasts for 12 months (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What are your remedies under this Warranty?
- With respect to any defective products during the Warranty Period, we will, if we determine in our sole discretion that the defect is covered by the Warranty, repair or replace the defect part(s) free of charge.
How do you make a Warranty Claim?
- All warranty claims must be made in writing by emailing us at email@example.com. You must provide your name, address, email address and a telephone number as well as a copy of your original order confirmation showing proof of purchase and a detailed description of the defect or problem including detailed photos. You will be responsible for the costs of returning the product to us for our assessment. You will retain the risk of loss of until the returned product is delivered to us.
- All warranty claims are subject to inspection by us and we reserve the right to determine whether or not damages are covered by the Warranty, in our sole discretion. We must receive your written request for a warranty claim within the Warranty Period.
LIMITATION OF LIABILITY
- THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY TO YOU WITH RESPECT TO OUR PRODUCTS, INCLUDING ANY BREACH OF SUCH LIMITED WARRANTY. OUR (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) TOTAL AGGREGATE LIABILITY TO YOU WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED FROM THIS WEBSITE, NOR WILL WE (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATING THE WARRANTY, THESE TERMS OR ANY OF OUR PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- YOUR USE OF OUR PRODUCTS IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR (AND WE DISCLAIM) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, RESULTING FROM YOUR USE OF OUR PRODUCTS.
- YOU AND TABL FURNITURE LLC EXPRESSLY WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF OUR PRODUCTS. NEITHER YOU NOR TABL FURNITURE LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- This website is operated from the United States. These Terms and all matters arising out of or relating to these Terms are governed by and construed in accordance with the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. You agree that any and all disputes arising from or relating to the subject matter of these Terms, including disputes relating to the validity thereof, and any disputes related to our Products, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located New York County, New York, USA.
OTHER LEGAL STUFF
- We shall not be liable for delay in performing or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control.
- We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us by email to firstname.lastname@example.org. We may update our method and addresses notices to us by posting a notice on the Site.
- You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 38 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tabl Furniture LLC.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- These Terms and our order confirmation will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last Updated Date: February 10, 2019