Terms & Conditions | Privacy Policy

MARKERS AND HEADSTONES, LLC

TERMS AND CONDITIONS

By using this website and by purchasing any of the services and products of Markers and Headstones, LLC (hereinafter, “M&H”), you are agreeing to be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”).

M&H 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: www.markersandheadstones.com/termsandconditions

1. Order Placement. You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) M&H’s acknowledgement of an order is not acceptance of an order and M&H may reject or cancel an order at any time; (iii) you must provide a valid and authorized payment information and agree that M&H may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees, if applicable; (v) you will pay all applicable taxes; and (vi) if M&H does not receive payment from your payment card issuer, you will pay all amounts due upon demand.
2. Pricing and Shipping. Product pricing includes shipping (to the lower 48 states only) and additional shipping costs (to Alaska or Hawaii) will be as reflected on the website. Prices posted on the website are subject to change at any time without notice to you. M&H may offer rush or expedited production services for an additional charge. Prices on the website are in U.S. dollars for U.S. purchasers only; a shipping surcharge will be applied to shipments to Alaska or Hawaii. Expedited shipping may be available and fees will vary depending on distance, time and location. 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 M&H. 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, that the cemetery understands the carrier’s shipping policies, and further you acknowledge and agree that the address that you provided for shipment is accurate and complete. You acknowledge and agree that natural stone gravestones, markers and headstones are heavy and oversized products. M&H carriers offer curbside delivery only; you will be responsible for moving the product to storage and/or its ultimate placement destination.
3. Delivery Failure and Items Returned by Shipping Company; Address Change. It is your responsibility to ensure that the shipping address is accurate and complete, and that delivery of oversized products may be made. If delivery of a product cannot be made and is returned to M&H for any reason, you agree to pay M&H a re-delivery fee. M&H will not re-ship a product until payment of the re-delivery fee is received. If you need to make a change to the shipping address used on the original order, you will be charged an additional fee as follows:
   1. If your order has not yet been shipped, a $0 fee will apply.
   2. If your order has been shipped and is in mid-transit, a $15 fee will apply.
   3. If your order has been shipped and is almost at destination, you agree to pay an address change fee based on various factors such as distance, residential or commercial, and delivery type.
4. Cancellation and Refund Policy; Returns. 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. While cancellations are rare, our fees for cancellation cover stencil design and processing and are assessed to keep M&H’s overall pricing fair and competitive.
   1. Cancellation and Refunds:
      1. If you wish to cancel your order within one business day of placing the order, you may do so with a full refund and no cancellation fee, provided, however, that you did not order expedited or rush services.
      2. If you wish to cancel your order within two business days after placing the order, you may do so, provided, however, you agree to pay a cancellation fee as follows (and the remaining purchase price will be refunded after the cancellation fee is applied):
         1. For stones valued under $500.00, a 10% cancellation fee will apply.
         2. For stones valued between $501.00 and $1,000.00, a 7.5% cancellation fee will apply.
         3. For stones valued at $1001.00 or greater, a 5% cancellation fee will apply.

• Orders may not be cancelled or refunded on or after the third business day after placing the order.

1. Damaged Items. Items that are damaged during shipment will be replaced 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 M&H will be replaced free of charge. Please review your order upon delivery and notify us within 24 hours of mis-engraved items. See Paragraph 9 relating to your responsibility to verify the accuracy of engraved terms.
2. Layout Changes. We understand that you may wish to make a layout change after you place an order but before your stone is engraved. While some monument companies build in the risk of layout changes to overall pricing, to keep our prices low and fair, we apply layout charges only when required by a particular customer. Accordingly, we charge an administrative layout change fee as follows:
   29. For stones 24x12 or smaller: $29.00
   30. For stones 28x16 and custom sizes: $39.00
   31. For upright stones: $59.00

5. 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. You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, M&H will not be liable for these inaccuracies, omissions, or errors. M&H will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. M&H does not claim that the information on the website is appropriate for or applicable to your jurisdiction or that the products described on the website will be available for purchase in all jurisdictions.
6. No Placement or Installation of Products. M&H manufactures, engraves, sells and offers for delivery custom gravestones, markers and headstones. You understand that M&H does not offer installation or other marker placement services. You are responsible for the proper installation of the marker or headstone. You further acknowledge and agree that M&H’s marker products are intended for flat placement; vertical installation of a marker is not recommended as it could fall and break. Improper installation of custom upright headstones could also result in the stone’s fall and breakage. M&H is not responsible for damage to a product once delivered, and is further not responsible for any death or injury caused by improper installation or placements of products.
7. Materials Appropriate for Intended Use. M&H 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 in the cemetery where you intend to place the stone product.
8. Natural Products. Products made from natural materials (marble, granite, stone, etc.) have natural variations. Marble has veining and marbling and can vary in color. Granite and stone have natural variations in color, veining and appearance. As a result, you should expect variations. These natural variations are not defects, and no refund or replacement will be made for natural products that have normal color, texture and appearance variations. If you order a sample, the sample product may vary in color to the actual product for various reasons, including natural variations. You should also understand that your computer monitor’s display of any product may not be accurate. Additionally, because the gravestone, marker or headstone will be subjected to the natural environmental elements, you acknowledge that stone and engraving may change appearance after exposure to sun, salt, wind and/or precipitation. Dimensions offered are approximate; slight variations in size is inherent in natural stone products.
9. Engraving and Custom Products. Prior to placing an order for a customized or engraved gravestone, marker or headstone, you must 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 as well as final proofing. Standard pricing reflects engraving on one side of the gravestone, marker or headstone only; personal engraving can be included on both sides of the product for an additional fee. If you wish to have both sides of the product engraved, please contact us at info@markersandheadstones.com. M&H does not proof or pre-screen content and is not responsible for misspelled or mis-designed submissions. We reserve the right to reject orders and submissions that do not meet M&H policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Profane, offensive, libelous, infringing or objectionable words, phrases or content will not be honored and M&H may refuse to accept such content.
10. Porcelain Memorial Photos. M&H is an authorized distributor for a third-party supplier of porcelain memorial photos and medallions. If you purchase a porcelain memorial photo or medallion the following additional terms in this Paragraph 10 shall apply to your order. If you intend to install a porcelain memorial photo or medallion on a gravestone, marker or headstone, you agree to follow the instructions on proper adhesion of the porcelain memorial photo or medallion to the stone. Our third-party supplier currently offers a lifetime guarantee against breakage, vandalism and deterioration of its products when properly installed. M&H may assist you with the submission of a warranty claim with our supplier, but M&H offers no guarantee that such warranty claim will be honored, nor does M&H expressly or impliedly warrant or guarantee the porcelain memorial photo or medallion against breakage, vandalism and/or deterioration.
11. 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 M&H 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.
12. Production and Shipping. Production and shipping times are estimates only.
13. Disclaimer of Warranties. M&H SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
14. Limitation of Liability. M&H 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 M&H 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
15. Indemnification. You agree to defend, indemnify and hold harmless M&H 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 M&H 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.
16. Miscellaneous Terms.
    1. Force Majeure. M&H 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 M&H’s reasonable control or acts of God.
    2. Governing Law and Venue. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Arizona, 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 Maricopa County, Arizona, and the parties waive any right to object to the venue.
    3. 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.
    4. Successors and Assigns. You may not assign your rights hereunder to a third party.
    5. 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.
17. Contact; Legal Notices. If you have any questions or comments about the Terms and Conditions you may contact us at by email at info@markersandheadstones.com or by phone at 1-800-775-0089. Legal notices should be sent to us in writing with delivery confirmation to the following address: Markers and Headstones, LLC, 7235 E. Hampton Ave., Suite 111, Mesa, Arizona 85209.

Revised: September 13, 2024.