Terms and Conditions
By using this website and by purchasing any of the services and products of Headstone Store offered here (hereinafter, “HeadstoneStore”), you are agreeing to be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”).
Headstone reserves the right to update and change the Terms and Conditions from time to time without notice. Continued use of the website after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at: HeadstoneStore.com/terms
California Contracts
If in the State of California then a sales agent will contact you to verify & gather extra details about your order then send you a sales agreement that will need to be signed before starting your order. That sales agreement and future sales agreements are hereby incorporated by reference and if any terms are conflicting then the sales agreement will supersede these terms here.
Custom Orders and Unique Products
HeadstoneStore.com offers a wide range of products for creating customize and unique commemorative items made to order, including but not limited to:
- Personalized memorial headstones
- Ceramic portraits and paintings
- Cremation urns and vessels
- Memorial stones and plaques
- Cremation jewelry
- Other custom items upon client request
Ownership and Partial/Returned Payments
Title to the memorial will remain with the Seller until the full price has been paid to the Seller. Seller may not deliver memorial until buyer has met all financial obligations. Buyer is responsible for returned check fees, payment dispute handling fees, and reasonable collections costs, if such actions prove necessary. It is further agreed that any money paid on account shall remain Seller’s property as liquid damages for Purchaser’s failure to pay. Deposits are considered the same as other types of partial payments.
No Cancellations or Refunds; Returns. ALL SALES ARE FINAL
Because products are customized, once you place an order, you may not cancel your order or return your product except as otherwise set forth herein. If production has not started, the client may cancel the order without any additional fees, and a full refund for the item will be provided.
Replacement of Defective or Incorrect Products
Items that are damaged during shipment will be replaced or repaired free of charge; provided, however, that you notify us of the damage within 24 hours of delivery. Items that are incorrect due to the fault of HeadstoneStore will be replaced free of charge. Please review your order upon delivery and notify us within 24 hours of mistakenly-engraved items. Please be prepared to submit photographs and/or videos to show what was received.
The client must send notice of the damage via email to Headstonestorela@gmail.com or call +1 747-609-9614. We will attempt to contact you to verify your order before starting on your order.
Pricing and Shipping
Product pricing does not include shipping where shipping costs (to the lower 48 states only) will be as reflected on the website. Prices and promotions posted on the website are subject to change at any time without notice to you. HeadstoneStore may offer rush or expedited production services for an additional charge.
All purchases are subject to applicable taxes to be paid by the purchaser. You acknowledge and agree that shipping delays are out the control of HeadstoneStore. For example, our shipping carrier could temporarily delay delivery of your order due to unavoidable circumstances, such as inclement weather, a natural disaster, a vehicle issue, or labor shortage.
If you specify that a product should be shipped directly to a third-party cemetery, you hereby represent and warrant that you have advised the cemetery of the direct shipment to ensure that the delivery is not rejected and that the cemetery understands the carrier’s shipping policies. You further acknowledge and agree that the address that you provided for shipment is accurate and complete. You acknowledge and agree that headstones are heavy and oversized products.
Cemetery Installation Terms and Responsibility
HeadstoneStore is not responsible for the organization or payment for the installation or maintenance of memorial products at the cemetery. You understand that HeadstoneStore does not offer installation or other monument placement services. All prices listed on the website do not include the cost of installation. Payment for such services must be made directly by the client to the cemetery administration.
We strongly advise clients to contact the cemetery in advance to confirm installation terms and costs. In most cases, cemeteries require payment for services before accepting delivery of the memorial. The client is responsible for ensuring all procedures and payments are completed in a timely manner.
Product Availability
We cannot guarantee that any product listed on the website will be in stock or remain available. We reserve the right to discontinue offering any product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product.
Materials Appropriate for Intended Use
HeadstoneStore sells gravestones, markers, and headstones in a variety of materials. Some cemeteries do not permit the use of certain materials; therefore, you acknowledge and agree that it is your responsibility to ensure that your material choice is permitted by the cemetery or property owner where you intend to place the stone product.
Engraving and Artistic Elements
All images, inscriptions, and photographs are applied using an impact engraver, which may result in some differences from the original designs. Minor variations in details are not considered grounds for return or replacement of the item. Claims regarding the resemblance will be considered only in cases where the differences are significant, and the engraving is substantially different from what was agreed upon.
Prior to placing an order for a customized or engraved gravestone, marker, or headstone, we request that you review the text and content of your submission thoroughly for accuracy. Orders are printed and engraved in their “as submitted” form, and you are solely and fully responsible for any text or content you submit. HeadstoneStore does proof and pre-screen content, but we are not responsible for misspelled or mis-designed submissions once you approve the final proofing.
Safety Guidelines for Handling and Use
By placing an order and upon receipt of the product, the client confirms that they are informed of the product specifications, including its weight, material, and components, as well as the safety guidelines for handling and using the product. The product may have a significant weight, requiring careful attention and focus during unloading, transport, and installation. It is recommended that clients use specialized tools and seek professional assistance to ensure safe handling.
Production Timeframes
The client is informed of the production timeframes for the order. Production time depends on the complexity of the order, including the cutting shape, availability of suitable materials in stock, and the quantity and complexity of the engraving. Standard production times range from 2 to 8 weeks, depending on the complexity of the order. Exceptions apply in cases of force majeure, which may affect the production timelines. Production and shipping times are estimates only.
Intellectual Property
By placing a custom order, you certify that you possess the lawful right to use all text and content submitted in your custom order and authorize HeadstoneStore to copy, print, and use said text and content to customize the product in the quantities requested. You represent and warrant that your submission does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity.
We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.
Disclaimer of Warranties
HEADSTONE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
HEADSTONESTORE IS NOT LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, DOWNTIME, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL HEADSTONE'S LIABILITY EXCEED REIMBURSEMENT OF ANY MONIES PAID BY YOU UNDER THIS AGREEMENT AND THIS SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM HEREUNDER. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold harmless HeadstoneStore and its affiliates, members, managers, employees, and agents, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by Headstone arising out of or based on any claim or threatened claim based on your use of or access to the website, your violation or breach of any of these Terms and Conditions, or any violation of any intellectual property rights of any third party.
Force Majeure
HeadstoneStore is not liable for any delay in providing any products or materials hereunder, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, general supply chain issues, shipping delays, civil or military authority, pandemic, epidemic, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond Headstone’s reasonable control or acts of God.
Governing Law and Venue
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law, except to the extent those laws are preempted by federal law. The proper venue for any proceeding at law or in equity will be Los Angeles County, California, and the parties waive any right to object to the venue.
Attorneys’ Fees
The prevailing party in any dispute regarding this Agreement shall be entitled to receive, in addition to any other remedy or award, reasonable attorneys’ fees and costs incurred in the enforcement of its rights under this Agreement.
Successors and Assigns
This agreement is binding upon the purchaser, his heirs, successors, assigns, and executors.
Severability
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Contact Information; Legal Notices
If you have any questions, require assistance, need to report any issues with an order, or if you have any questions or comments about the Terms and Conditions, you may contact us at by email at Headstonestorela@gmail.com or by phone at +1 747-609-9614. Legal notices should be sent to us in writing with delivery confirmation to the following address: HeadstoneStore, 3455 E Olympic Blvd CA. 90023, USA.
Acceptance of Terms
By placing an order through HeadstoneStore.com, the client agrees to the terms of this offer agreement and confirms their acceptance of them.