Zauben Inc.
Terms and Condition
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These Terms & Conditions (“Terms”) govern your use of Zauben’s website and your purchase of Zauben products and services. By accessing the Zauben website or placing an order, you agree to be bound by these Terms.
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1. Acceptance of Terms
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By using this website or purchasing Zauben products, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree, you must discontinue use of the website and refrain from placing orders.
Zauben may update these Terms at any time. Continued use constitutes acceptance of revised Terms.
2. Intellectual Property
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All content, trademarks, product designs, images, and materials are owned by Zauben or its licensors.
You are granted a limited, non-exclusive license to access and view website materials for personal or internal business use only.
You may not reproduce, distribute, display, sell, or modify any content without prior written consent.
3. Custom-Built Products
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Zauben products—including Model Z systems, smart planters, living walls, moss walls, and plant-integrated designs—are custom-fabricated to order and may include living plant materials.
Because of this:
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All orders are final
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Products cannot be returned
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Refunds and exchanges are not permitted
(See Sections 8–9)
4. Customer Responsibilities
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Customers are responsible for:
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Providing accurate shipping, site, and installation information
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Ensuring the installation location meets Zauben’s environmental and structural requirements
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Providing safe access for Zauben personnel
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Making timely payments
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Maintaining any required care agreements post-installation
Failure to meet these responsibilities may delay or prevent installation.
5. Orders and Payment Terms
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a. Order Acceptance:
Orders become binding once confirmed by Zauben.
b. Payment Requirements:
Zauben may require full or partial payment before fabrication, delivery, or installation.
Zauben reserves the right to pause work or delay delivery until all outstanding invoices are paid in full.
c. Non-Payment:
In cases of late or missing payment, Zauben may suspend service and reschedule installation without penalty.
6. Delivery Timeline and Delays
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a. Estimated Delivery:
Delivery and installation timelines are estimates only.
b. Causes of Delay:
Zauben is not responsible for delays due to:
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Supply shortages
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Manufacturing issues
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Weather or environmental conditions
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Shipping carriers
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Customer-caused delays (Section 14)
c. Delay Communication:
Zauben will provide updated estimates when delays occur.
d. Limitation of Liability:
Zauben is not liable for lost profits, business interruption, or consequential damages arising from delivery delays.
7. Installation Requirements
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Installation of certain products may require:
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Access to power or water
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Minimum lighting levels
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Verified environmental conditions
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Safe and accessible site conditions
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Compliance with Zauben’s installation protocols
Zauben may postpone installation if conditions are not met.
8. All Sales Final
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Because products are custom built to order:
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No refunds
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No returns
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No cancellations
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No exchanges
Once fabrication has begun or an order is confirmed, the sale is final.
9. Non-Refund Policy
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Zauben cannot accept returns or issue refunds due to the bespoke nature of its products and the environmental impact of remanufacturing.
10. Mandatory Maintenance for Living Systems
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a. Required Care Agreement:
Certain products—including Model Z, living walls, and plant-integrated smart planters—require an active annual plant care agreement as a condition of installation.
b. Condition Precedent to Installation:
Zauben may withhold or suspend installation until the required care agreement is executed and all associated payments are completed.
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11. Warranty and Performance Limitations
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a. Conditional Warranty:
Warranty coverage for plant-integrated systems applies only when the required care agreement is active and maintenance protocols are adhered to.
b. Exclusions:
The warranty does not cover:
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Plant mortality
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Plant decline from insufficient care
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Environmental issues outside recommended ranges
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Misuse, neglect, or unauthorized modifications
c. No Guarantee of Plant Longevity:
Plant health and performance depend on environmental factors and ongoing care. Zauben does not guarantee specific plant lifespans or growth outcomes.
12. Risk of Loss
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Risk of loss transfers to the Customer when:
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Products are delivered to the shipping carrier, or
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Products arrive at the installation site (as applicable)
Zauben is not liable for loss or damage after transfer of risk.
13. Limitation of Liability
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To the fullest extent permitted by law:
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Zauben’s total liability is limited to the amount paid for the product or service in dispute
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Zauben is not liable for indirect, incidental, special, or consequential damages
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Zauben does not assume liability for plant outcomes without active maintenance agreements
14. Customer-Caused Delays
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Delays are considered Customer-caused when due to:
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Unpaid invoices
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Missing agreements or approvals
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Inaccurate or incomplete information
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Failure to meet installation requirements
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Unsafe or inaccessible site conditions
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Customer-caused delays extend delivery timelines and do not constitute a breach by Zauben.
Zauben may pause fabrication, service, or installation without penalty.
15. Modifications to Terms
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Zauben may update these Terms at any time.
Revised Terms become effective upon posting.
Continued use of Zauben services constitutes acceptance of updated Terms.
16. Governing Law and Dispute Resolution
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These Terms are governed by the laws of the State of Illinois (or preferred jurisdiction).
Any dispute shall be resolved exclusively in state or federal courts located within that jurisdiction.
17. Acknowledgment
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By using Zauben’s website or purchasing Zauben products, you confirm that you:
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Understand and agree to all policies
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Acknowledge the All Sales Final and Non-Refund policies
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Understand installation and maintenance requirements
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Accept warranty limitations
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Accept the definition of Customer-caused delays​
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