Terms Of Service

Here at PhotoHeadstones, we want you to be satisfied with your order and to rest easy knowing you are purchasing a quality product from a reputable company who stands by every single customer and their purchase. Please take a moment to review our Terms of Service before making a purchase. By clicking the checkout button and making a purchase, you hereby agree to all terms of service listed below.

OVERVIEW

This website is operated by PhotoHeadstones. Throughout the site, the terms “we”, “us” and “our” refer to PhotoHeadstones. PhotoHeadstones offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: VIEW OUR REFUND POLICY HERE
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy:

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USE

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PhotoHeadstones, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PhotoHeadstones and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States and the State of Florida which is where our firm is is organized as an Limited Liability Company.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - ADDENDUM EXHIBIT #1

Custom Made Orders

Our headstones are 100% custom made for each specific customer. To ensure total satisfaction, we require your approval of a headstone layout proof we send to you after your purchase. Under no circumstance do we provide refunds or returns on custom made products, except for orders damaged during shipment or errors made during production that caused your final product to not match the layout proof you approved. Please keep in mind that while our website is pretty good at portraying all colors and finishes of our products, we cannot guarantee how they vary from screen to screen and they may not accurately match the finished product.  

Non-Custom Orders (Stock Products)

All non-custom products are returnable for a refund minus 10% restocking fee for up to 10 days from delivery of said items. The product must be in good condition, not used and resalable. Any product that has been filled with ashes or cremation remains will not be accepted. Any item not returned within 10 days from delivery are NOT RETURNABLE – NO EXCEPTIONS. All returns require you to ship the item back at your expense. We are not responsible return shipping fees or lost or damaged goods. We suggest you insure your return via your shipping provider. 

Cancellations

You have the right to cancel your order and request a refund in full within 3 business days of placing our order. A cancellation fee of 10% is required on all canceled orders. There are no exceptions made whatsoever once your order has begun processing after 3 business days from the moment you place your order. THERE ARE NO CANCELLATIONS FOR RUSH ORDERS, UNDER ANY CIRCUMSTANCE. Please keep in mind these are custom products made just for you and the materials we use (granite, for example) are expensive and time-consuming to work with.

Return & Exchange Policy

All sales are final after 3 business days from the moment you order for CUSTOM ITEM ORDERS and 10 days for STOCK ITEM ORDERS. No returns, refunds or credits will be issued under any exception afer this time has passed. No exceptions.

Shipping, Delivery, Tracking & RMA

We send a photo and tracking information via email for your convenience and security. It is strongly urged for you to inspect your memorial upon arrival, sign the delivery document and get a copy for your records. If there is damage, make sure to write it directly on the delivery document as DAMAGED. 

For LTL commercial freight deliveries, the delivery company will call to schedule an appointment. Please keep in mind that a lift gate is not included for any of our deliveries. If delivering to a cemetery, they are required to have a life gate or truck which is very commonly used by cemeteries for this purpose. 

Any and all damage should be reported to us within 24 hours via phone or email so you may receive a Return Merchandise Authorization (RMA #) to begin processing your replacement order. Under no circumstances can a return or replacement be accepted without an RMA # and shipping label.

IT IS YOUR RESPONSIBILITY TO INSPECT THE ORDER BEFORE SIGNING THE DELIVERY RECEIPT. IT IS ALSO YOUR RESPONSIBILITY TO NOTE ANY DAMAGE ON THE RECEIPT AND TO GET A COPY FOR THE DELIVERY COMPANY. FAILURE TO DO SO MAY LEAD TO DAMAGE CLAIMS BEING VOIDED.

Packaging

All our headstone shipments are boxed or crated for protection during transit and upon delivery along with a packaging slip and photo of your headstone before it was shipped. 

PhotoHeadstones offers FREE SHIPPING to all customers in the contiguous US48. Shipping to Canada, Alaska, Hawaii, Puerto Rico, and other locations outside the US48 is quoted for you upon request.

Sign Off Required Before Production & Shipping

To guarantee that everything is produced exactly how you ordered it, we provide a proof of your headstone layout before commencing production. This is done free of charge, and should you encounter anything you need changed please let us know, we will then resend you a proof for approval before commencing production. We must have your signed approval before producing or shipping your order.

Tracking Information

We ship all orders with tracking and insurance via UPS / FedEx / USPS and LTL Commercial Freight depending on size and weight.

Receiving & Inspecting Your Shipment

We then send a photo and tracking information via email for your convenience and security. It is strongly urged for you to inspect your memorial upon arrival, sign the delivery document and get a copy for your records. If there is damage, make sure to write it directly on the delivery document as DAMAGED. For LTL commercial freight deliveries, the delivery company will call to schedule an appointment. Please keep in mind that a lift gate is not included for any of our deliveries. If delivering to a cemetery, they are required to have a loading dock, fork lift or pallet jack which is very commonly used by cemeteries for this purpose.

How We Package Orders

All of our headstone shipments are boxed or crated for protection during transit and upon delivery along with a packaging slip and photo of your headstone before it was shipped.

Where We Can Ship Orders

The most common and most efficient place to have your headstone delivered is the place it is going to be installed. Keep in mind these are very heavy products and this makes it easier for installation. Please make sure to include the name, address, phone, fax and email of the party we are shipping to.  

Installation, Setting & Other Cemetery Services

Please keep in mind we do not offer installation services under any circumstances. This is best done by your local cemetery or installer and all payments for setting or installation are paid directly to the cemetery or installer.

Turnaround Time for Headstones

Our normal estimated turnaround time is 2 weeks to ship your order. Delivery is normally 2 to 5 business days. Please keep in mind, the 2-week turnaround countdown begins once we receive your approval and response to the email we sent you with a final proof before commencing production.

WE DO NOT GUARANTEE PRODUCTION OR DELIVERY DATES UNDER ANY CIRCUMSTANCE. NO REFUNDS OR CREDITS, PARTIAL OR FULL, IN CASH OR STORE CREDIT, SHALL BE ISSUED DUE TO DELAYS OR NOT MEETING YOUR DATE. Please be conscious that this is a HIGHLY CUSTOM product that requires time to produce. This will allow us to make sure we meet your clear and reasonable expectations for quality production and deliver

Rush Orders

 We offer rush orders on a case-by-case basis. We are usually able to accommodate rush orders, these will incur a rush order fee. Please keep in mind that a RUSH ORDER FEE does not include faster delivery service. If a 3-to-5-day delivery is not quick enough for you, we can also quote faster delivery at an extra cost.  

Insurance for Shipments

 Every single headstone we produce and ship is 100% insured against damage during transit and delivery. In the rare case that damage occurs, we simply require a photo from you of the damaged headstone and that you keep all original packaging. We handle everything and you are not required to do anything else. We then being the production of your replacement stone and ship as soon as possible.  

Lifetime Guarantee

We make all our headstones from the finest granites, guaranteed for life. All our memorials are made right here in America by Americans for Americans. This allows us to provide you a lifetime guarantee on your order, and you can rest assured your headstone will last well into the next century and beyond.

Every single headstone we produce is done to provide an excellent hand-finished, hand tooled granite memorial. We never use artificial dyes or other coloring agents and guarantee the color for life. These headstones are all inspected individually and guaranteed for their natural color, uniform shape and finish along with the highest quality etched photos and ceramics.

To guarantee that everything is produced exactly how you ordered it, we provide a proof of your headstone layout before commencing production. This is done free of charge, and should you encounter anything you need changed please let us know, we will then resend you a proof for approval before commencing production. We must have your signed approval before producing or shipping your order.

Before shipping your headstone, we document your memorial via a photo which we send to you with your tracking information via email once shipped. This allows us to guarantee you that your order was shipping in pristine condition, and should any damages arise during delivery, we can request the funds from the shipping company right away. This very rarely happens but it allows both you and us to be at ease that everything is done correctly, safe and secure. Your order is always protected for any damages during delivery.

We guarantee that we will replace your headstone if there should be any defects, such as, cracks, discoloration, flakes, or any other defect due to natural causes. We 100% cover every single aspect of your headstone and will gladly replace it should any issue arise from defects.

Keep in mind, PhotoHeadstones is not responsible for damage, vandalism or theft of your headstone under any circumstance that might result from acts or other omitted details outside the aforementioned guarantee. We only provide a lifetime warranty on natural causes, not Acts of God or other actions of other parties. This warranty does not cover vases, ceramic photos or paint applied to any order. Nor do we under any circumstance provide installation, cleaning or maintenance services and are not responsible for any fees incurred by you or the cemetery for said acts or occurrences.

This warranty is hereby given to the original purchaser and their heirs. It is valid in perpetuity and becomes effective upon purchase when the terms of service have been met by both parties. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

Cemetery Approvals, Setting & Installation

PhotoHeadstones DOES NOT SELL OR PROVIDE INSTALLATION SERVICES. We are happy to help coordinate with your cemetery and/or local installer. But none of our products on our website include installation performed by us. Under no circumstances do we accept money for installation and this is ALWAYS BEST HANDLED BY YOUR LOCAL CEMETERY OR INSTALLER. No exceptions. Don’t worry, we’re here to help and make it easy.

PhotoHeadstones is interested in you receiving a headstone that is not only of the highest quality, but that will be acceptable for wherever you decide to install your memorial. As a courtesy, to protect your order, we require an approval of a layout proof of your headstone before commencing production and shipping. This is sent to you via email to the email address you provided when you placed your order. 

NO ORDER WILL ENTER PRODUCTION OR BE SHIPPED WITHOUT YOUR EXPLICIT APPROVAL OF THE LAYOUT PROOF SENT TO YOU VIA EMAIL. NO EXCEPTIONS. THIS IS DONE TO PROTECT YOU AND YOUR ORDER!

Our company ships orders daily all over North America. We do our best to provide you a headstone that will be accepted to cemeteries. However, it is ultimately your sole responsibility to check with your cemetery BEFORE MAKING A PURCHASE and BEFORE SIGNING YOUR LAYOUT PROOF. 

We are not responsible for cemeteries rejecting headstones and will not under any circumstance provide a replacement, a refund or credit for rejected headstones. No exceptions.

Thank you for entrusting PhotoHeadstones with your memorial. We appreciate your business!  

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@photoheadstones.com.
Our contact information is posted below:
PhotoHeadstones
help@photoheadstones.com
13727 SW 152nd Street #1132, Miami, Florida 33177
1-800-368-7274