Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Stellar Merit Statuary ("Company," "we," "us," or "our"). By accessing, browsing, or using this website (the "Site") or purchasing products through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR PURCHASE ANY PRODUCTS.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement

You must be at least eighteen (18) years of age to use this Site or make purchases. By using this Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

2.2 Account Security

If you create an account on our Site, you are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring all account information is accurate and current

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abusive behavior.

3. PRODUCTS AND SERVICES

3.1 Product Descriptions

We strive to provide accurate product descriptions, images, and specifications. However:

Product colors may vary due to monitor settings and photographic lighting
Dimensions are approximate and may vary slightly
As handcrafted items, each product is unique and may have minor variations
We reserve the right to correct errors in product information at any time

3.2 Product Availability

All products are subject to availability. We reserve the right to:

Limit quantities available for purchase
Discontinue products at any time without notice
Refuse service to anyone for any reason
Cancel orders if products become unavailable after purchase

3.3 Pricing

All prices are in U.S. Dollars (USD) and are subject to change without notice. The price charged will be the price displayed at the time of order placement. We reserve the right to correct pricing errors and may cancel orders placed at incorrect prices.

4. ORDERS AND PAYMENT

4.1 Order Acceptance

Your receipt of an order confirmation email does NOT constitute our acceptance of your order. We reserve the right to accept or decline any order for any reason, including but not limited to:

Product availability
Pricing errors
Credit card authorization issues
Suspected fraudulent activity
Shipping restrictions

4.2 Payment Methods

We accept payment via credit card, debit card, and other methods as displayed during checkout. By providing payment information, you represent and warrant that:

You are authorized to use the payment method
All payment information is accurate and current
You will pay all charges incurred

4.3 Payment Authorization

By placing an order, you authorize us to charge your payment method for:

The purchase price of products ordered
Applicable shipping and handling fees
All applicable taxes
Any other fees disclosed at checkout

4.4 Failed Payments

If payment authorization fails, we reserve the right to cancel your order. You remain responsible for any amounts owed plus collection costs and reasonable attorney fees.

5. SHIPPING AND DELIVERY

5.1 Shipping Terms

Shipping terms, costs, and estimated delivery times are detailed in our Shipping Policy, which is incorporated into these Terms by reference.

5.2 Title and Risk of Loss

Title and risk of loss pass to you upon delivery to the carrier. We are not responsible for lost, stolen, or damaged packages after delivery confirmation by the carrier.

5.3 Delivery Requirements

You are responsible for:

Providing accurate shipping address information
Being available to receive delivery or authorizing a signature waiver
Ensuring delivery location is accessible to carrier vehicles
Any additional fees for failed delivery attempts

6. RETURNS AND REFUNDS

Our return and refund policies are detailed in our Refund Policy, which is incorporated into these Terms by reference. By making a purchase, you agree to be bound by the terms of our Refund Policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Stellar Merit Statuary or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Site for personal, non-commercial purposes. This license does not include:

Resale or commercial use of this Site or its contents
Collection and use of product listings or descriptions
Derivative use of this Site or its contents
Downloading or copying of account information for the benefit of another merchant
Use of data mining, robots, or similar data gathering and extraction tools

7.3 Prohibited Uses

You may not:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site
Use any meta tags or other hidden text utilizing our name or trademarks
Create derivative works based on the Site or its content
Frame or mirror any part of the Site without our express written consent
Reverse engineer any aspect of the Site or do anything that might discover source code

7.4 Trademark Notice

"Stellar Merit Statuary" and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without our prior written permission.

8. USER CONDUCT

You agree NOT to use the Site to:

Violate any applicable local, state, national, or international law
Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
Transmit any unsolicited advertising, promotional materials, or spam
Transmit any material containing viruses, malware, or other harmful computer code
Interfere with or disrupt the Site or servers or networks connected to the Site
Attempt to gain unauthorized access to any portion of the Site or any systems or networks
Collect or store personal data about other users without their consent

9. PRODUCT LIABILITY AND WARRANTIES

9.1 Limited Warranty

Our products are warranted to be free from material defects in materials and workmanship for a period of thirty (30) days from the date of delivery. This warranty is limited to replacement or refund at our sole discretion and does not cover:

Normal wear and tear
Damage from improper installation, use, or maintenance
Damage from weather, environmental conditions, or acts of nature
Damage from accidents, misuse, abuse, or negligence
Modifications or alterations to the product
Damage from pests, animals, or vegetation

9.2 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Site will be uninterrupted, timely, secure, or error-free
The results obtained from use of the Site will be accurate or reliable
The quality of products or services will meet your expectations
Any errors in the Site will be corrected

9.3 Product Safety and Fragility Warning

IMPORTANT SAFETY INFORMATION: Our cement statuary products are handcrafted decorative items that are both heavy and fragile. By purchasing, you acknowledge and agree that:

Heavy Weight: Statues can weigh from 10 to over 200 pounds and require proper lifting techniques and multiple people for safe handling
Fragile Material: Cement is brittle and can crack, chip, or shatter if dropped, impacted, or improperly handled
Installation Responsibility: You are solely responsible for proper installation, placement, and securing of products
Stable Placement Required: Products must be placed on level, stable surfaces capable of supporting their weight
Tip-Over Hazard: Products should not be placed where they could fall and cause injury or property damage (especially around children or pets)
Weather Exposure: While cement can withstand weather, freeze-thaw cycles can cause cracking over time; proper drainage and seasonal protection are recommended
Handling Precautions: Always use appropriate lifting equipment or assistance when moving heavy statues
No Climbing: Statues are not designed to support additional weight and should never be climbed on

ASSUMPTION OF RISK: You expressly assume all risks associated with handling, installation, placement, and use of cement statuary products. We are not liable for:

Personal injuries resulting from moving, installing, or handling products
Property damage from improper placement or securing
Injuries or damages from products falling, tipping, or breaking
Weather-related damage after installation
Damage occurring during customer transportation or handling

10. LIMITATION OF LIABILITY

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STELLAR MERIT STATUARY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Site
Any conduct or content of any third party on the Site
Any content obtained from the Site
Unauthorized access, use, or alteration of your transmissions or content
Product defects, malfunctions, or failures
Personal injury or property damage related to your use of our products

10.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10.3 State Law Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Stellar Merit Statuary, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorney fees) arising from:

Your use of and access to the Site
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Your use, installation, or placement of our products
Any claim that your use caused damage to a third party

12. THIRD-PARTY LINKS AND SERVICES

12.1 External Links

Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

12.2 Payment Processing

Payment processing services are provided by third-party payment processors (e.g., Stripe). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or omissions of these third-party providers.

13. PRIVACY AND DATA PROTECTION

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you via email.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, you and we agree that any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be held in [INSERT COUNTY AND STATE], and judgment on the award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

YOU AND STELLAR MERIT STATUARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], United States of America, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [INSERT COUNTY AND STATE].

16. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. WAIVER

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. ASSIGNMENT

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this section shall be null and void.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Stellar Merit Statuary regarding the use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

21. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site and updating the "Last Updated" date. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

22. TERMINATION

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

23. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Stellar Merit Statuary
Email: [INSERT EMAIL ADDRESS]
Phone: [INSERT PHONE NUMBER]
Address: [INSERT PHYSICAL ADDRESS]

24. ACKNOWLEDGMENT

BY USING THIS SITE OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.