Terms and Conditions
By using this website and by purchasing any of the services and products of Pensacola Monuments and Headstones offered here (hereinafter, “Headstone”), 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:
Florida Contracts
If in the State of Florida 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.
Order Placement
You represent and warrant that you are at least eighteen (18) years of age or the civil age of majority in your jurisdiction if you are placing an order to purchase products; (ii) Headstone’s acknowledgement of an order is not acceptance of an order and Headstone may reject or cancel an order at any time; (iii) you must provide valid and authorized payment information and agree that Headstone 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 Headstone does not receive payment from your payment card issuer or other financial institution, you will pay all amounts due upon demand.
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. 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 Headstone 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. 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. Headstone 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 may be applied to shipments to Alaska, Hawaii or other U.S. territories if allowed. 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 Headstone. 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 natural stone gravestones, markers and headstones are heavy and oversized products. Headstone carriers offer curbside delivery only; you will be responsible for moving the product to storage and/or its ultimate placement destination unless we have arranged installation for you.
No Placement or Installation of Products.
Headstone manufactures, engraves, sells and offers for delivery custom gravestones, markers and headstones. You understand that Headstone does not offer installation or other monument placement services unless paid for separately through a monument specialist where supplemental terms (coming soon) would apply and supersede this paragraph. You are responsible for the proper installation of the marker or headstone. You further acknowledge and agree that Headstone’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. Headstone 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.
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, Headstone will not be liable for these inaccuracies, omissions, or errors. Headstone will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Headstone 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.
Materials Appropriate for Intended Use.
Headstone 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.
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, bronze and engraving may change appearance after exposure to sun, salt, wind and/or precipitation.
Engraving and Custom Products.
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. Headstone does proof and pre-screen content but we are not responsible for misspelled or mis-designed submissions once you approve the final proofing. We reserve the right to reject orders and submissions that do not meet Headstone 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 Headstone may refuse to accept such content.
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 Headstone 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.
Production and Shipping.
Production and shipping times are estimates only.
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.
HEADSTONE 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 Headstone 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.
Miscellaneous Terms.
- Force Majeure. Headstone 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 Florida, 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 Escambia County, Florida, 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; Legal Notices.
If you have any questions or comments about the Terms and Conditions you may contact us at by email at privacy@headstone.app or by phone at 1-844-464-3786. Legal notices should be sent to us in writing with delivery confirmation to the following address: Pensacola Monuments and Headstones, C/O J D Performance Auto, LLC, 3715 W Navy Blvd, Pensacola, FL 32507.