Schwung Home USA: Terms and Conditions of Sale and Delivery

ACCEPTANCE OF TERMS AND CONDITIONS

These Terms and Conditions of Sale and Delivery (“Agreement”) govern all sales and deliveries by Schwung Home USA (“Schwung Home USA” or “we”) to the customer (“Buyer” or “you”). All other terms and conditions, including, without limitation, those terms and conditions contained in any purchase order(s) which are different from, in addition to, conflict with, or that vary the terms hereof are hereby rejected and shall not be binding on Schwung Home USA unless specifically accepted in writing.

PROFESSIONALS

We sell to the professional and commercial customer. By submitting an order you are warranting that you meet these requirements and have the necessary, valid tax and business licenses and/or certificates, that you are knowingly making tax-exempt purchases for resale or other use that allows you to not pay sales tax legally, and in no way binds Schwung Home USA to any potential tax or legal liability associated with your non-payment of sales and use tax in the transactions associated with the purchase and sale of our products to you, and that you agree to be bound by this Agreement. We reserve the right to cancel orders or terminate relationships at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

All information concerning Schwung Home USA’s products, including photos, sales materials or product design is subject to trademark, service mark, trade dress, copyright and other intellectual property rights held by Schwung Home USA. You may not copy, reproduce, modify, publish, distribute, transmit, transfer, reprint, post on the Internet or create derivative works from such information. Furthermore, you will be responsible for any legal fees associated with disputes arising from copyright infringements, which are not associated with a direct retail sale.

WAIVER

Waiver by Schwung Home USA of a breach by Buyer of any provision of this Agreement shall not be deemed a waiver of future compliance with any of the provisions of this Agreement.

CONTROLLING LAW/JURISDICTION

The laws of the State of North Carolina shall govern the validity and interpretation of this Agreement. You hereby submit to the jurisdiction of any state or federal court located in Guilford County, North Carolina, for the purpose of any suit, action or other proceeding arising out of any of your obligations under this Agreement. Any and all costs and fees, including attorneys’ fees, shall be reimbursed to the prevailing party by the other party upon demand by the prevailing party.

MISCELLANEOUS

Should any provision of this Agreement be determined to be illegal, invalid or unenforceable, the remaining provisions shall not be affected by this illegal, invalid or unenforceable provision and the parties shall undertake to renegotiate, modify, amend or delete the said illegal, invalid or unenforceable provision in order to give the fullest effect to the terms of this Agreement in accordance with the governing laws. Schwung Homes USA makes every effort to ensure the accuracy of pricing and product information, but in the event of an inaccuracy, Schwung Home USA shall have the right to cancel any orders placed for products listed at an incorrect price or containing other incorrect information. All prices and items are subject to change without notice. Availability of all items ordered is not guaranteed. Measurements and photos are approximations only.

MODIFICATION

This Agreement constitutes the entire agreement of the parties with respect to the terms and conditions of sale and delivery. No modification of this Agreement shall be binding upon the parties unless in writing and signed by an authorized agent of Schwung Home USA and of Buyer. This Agreement shall be deemed to be an offer by Schwung Home USA in accordance with the terms and conditions hereof.

REGISTERING ON OUR WEBSITE HEREBY SHOWS YOU AGREE AND ACCEPT ALL TERMS AND CONDITIONS

Special Order and Custom Products

We require a 50% deposit using a valid credit card, check, e-check or wire transfer on all special-order items. The balance will be due prior to shipment. NSF of $25.00 is required on all returned checks.

Special Order Cancellation

If an order is canceled after payment is received, a 25% cancellation charge will be deducted from your payment as these products are made to order. However, each situation is reviewed prior to final decision. If we cannot manufacture or produce such special-order item, then you shall be entitled to full refund of payment without any liability whatsoever.

Custom Order Cancellation

Items that have been customized using customer supplied fabrics or other materials and orders with specific dimensions and/or specific color choice are not eligible for any refund and the deposit is forfeited 100%.

Antiques, One of a Kind, and Vintage Items

All orders must be paid in full before shipping. Due to age, beauty, rarity, and condition these items are sold as is. Items may have character marks and/or odors due to their age. We will make every endeavor to point out any serious restorations etc. with purchased items from images on website or via email. The customer takes full responsibility of inspecting items purchased in person before sale is finalized and shipped.

All sales of Antiques, One of a Kind, and Vintage Items are final, no refunds or returns.

All Orders

When a special order is placed, Schwung Home will provide an estimated completion date.

All shipping charges are F.O.B. (Free on Board) High Point, NC; risk of loss and damage shall pass to buyer when products are released to carrier. In some instances, and/or upon request shipping charges may be added to your invoice prior to shipping.

Upon delivery, please inspect all items for damage & count all packages prior to signing bill of lading. Signature of receipt by your agent or employee constitutes full acceptance of all packages stated on the bill of lading or electronic clipboard in undamaged condition. Claims for damages will not be accepted under any circumstances unless noted on the shipper’s bill of lading or electronic clipboard at time of delivery.

Antiques, One of a Kind and Vintage Items are not crated and are shipped via Blanket Wrap (White Glove) delivery services.

Damages

All damages and claims must be reported within 7 days of delivery date. It is the responsibility of the receiving warehouse, interior designer, or end user to be present at the time of delivery to fully inspect items prior to releasing the driver. You are responsible for all shipping and return charges for any shipment that is refused.

Schwung Home shall not be liable for delay in shipment for any cause, nor shall any delay entitle you to cancel any order after it has shipped or refuse delivery. You agree that the shipping address provided to Schwung Home USA in writing is a valid shipping address for your business or delivery.

Blind shipments must be requested at time of order be clearly stated on the PO.

Guarantee and Returns

All items conform to the examples we display at trade shows, on our website, and in our showrooms. We do not ship substitutions without your consent.

It is the inherent nature of reclaimed products, older materials, and certain furnishings to appear weathered, and to contain variations and imperfections, including with respect to size, color, paint formulation, hue and patina, and that natural variations occur in the color of upholstered products.

Our products are guaranteed for six (6) months from date of delivery against defects in material and workmanship that materially impair the use of the products. You agree (a) to fully examine goods upon delivery, (b) not to deduct any claim for damage or for defective goods from any invoice, (c) to save all packaging materials with respect to damaged or defective goods, and (d) to contact us and provide a photograph showing the damage or defect immediately upon discovery. We will, at our option, repair or replace the item, or provide you a refund or credit. This is our only warranty or guaranty. Claims for damage to products that do not arise from defects in material or workmanship are the responsibility of the carrier. It is within our sole discretion as to whether to accept returns of merchandise; items returned without our prior authorization will be refused.

Returned items must be in their original condition and packaging, and you shall prepay and be liable for all charges in connection with the shipping of returned goods, including insurance. A 25% restocking fee will be assessed upon all return of merchandise that is not defective. Our guarantee does not cover: (a) normal wear and tear, (b) defects occurring naturally in reclaimed products or older materials, (c) variations in the size, color, paint formulation, hue, or patina of products, (d) defects or damage occurring due to, or following product modification, (e) damage caused by misuse, abuse, or negligent treatment of merchandise, and (f) fabric or materials supplied by you. Our guarantee is void if repairs or modifications have been attempted.

ANY OTHER WARRANTY BY SCHWUNG HOME USA, EITHER EXPRESSED OR IMPLIED, OR ANY AFFIRMATION OF FACT OR REPRESENTATION WHICH EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

Claims

All claims & discrepancies must be submitted in writing by email to info@schwung.design Please include photos of all damages and, if available, a copy of signed bill of lading. Upon receipt of your email, Schwung Home will review claim and respond within 48-72 hours