Terms of service

OVERVIEW

This website is operated by Marmoso, LLC (“Marmoso”). Throughout the site, the terms “we”, “us” and “our” refer to Marmoso. Marmoso offers this website, including all information, tools, Products, and services available from this site to you, the "User" (or "Buyer"), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or making a “Product” purchase, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “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.

ORDERS

After requesting a quote, a sales order proposal will be prepared including Product specifications and pricing. All sales orders (“Sales Orders”) include a detailed drawing with exact dimensions for your approval.  We require a signed acknowledgement of acceptance of any and all specifications with respect to the Sales Order, including Product dimensions. A non-refundable 50% deposit is due before releasing Sales Orders for production and within 30 days from invoicing.

Orders are accepted when the signed Sales Order and deposit are received and cleared. Any other acknowledgement of your order is merely to report that your request has been received and does not constitute acceptance, and we reserve the right to decline acceptance of any Sales Order for any reason. All our mantels are made to order and ready for shipping within 6-8 weeks, at which time the remaining 50% balance will be invoiced. Payment of this balance is due before releasing the order for shipment and within 30 days from invoicing.

PRODUCTS AND SERVICES

All descriptions of Products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. We reserve the right to make adjustments to pricing on any of our Products and/or Sales Orders without notice, irrespective of whether your order has been acknowledged or accepted. In the event of any pricing adjustment on an accepted Sales Order, you have the opportunity to cancel the order and be refunded for any money already paid. 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.

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.

PAYMENT

The Buyer is responsible for ensuring that all invoices are paid in full. Payment may be made by ACH bank transfer. Orders are only accepted and released for shipment after the invoiced payment is received and cleared. All invoices must be paid within 30 days.

The Buyer shall not be entitled to withhold payment of any invoice by reason of any right or set off or any claim or dispute with Marmoso. If payment is not received within 30 days from invoicing, Marmoso shall be entitled to charge interest on the outstanding amount at the rate of 5% per annum above the 1YR LIBOR rate, accruing daily; and not make any delivery.

SALES TAX

Marmoso is currently required to collect sales tax only for Sales Orders shipped to destinations within the State of New York. Marmoso reserves the right to change these terms and collect sales tax in other states as required by the economic nexus obligations following the June 21, 2018 Supreme Court ruling in the South Dakota v. Wayfair case.

If you intend to purchase our mantels for resale as part of our Trade program, you will be required to submit a Resale or Sales Tax Certificate. Without this documentation, sales tax will be applied to all NY State orders.

SHIPPING

All mantels ship via specialized freight carrier and are securely wood-crated. Freight shipping transit times to any U.S. residential or commercial address are 6-8 weeks. We offer three convenient flat fee freight shipping options: curbside, in-home, and white glove. Curbside shipping includes delivery of the crate(s) to a business receiving dock or residential curbside or driveway. Threshold shipping includes delivery of the crate(s) across the first threshold (i.e., first room of the home). White glove shipping includes delivery of the crate(s) to any room of choice. All shipping options include a 4-hour delivery window scheduled at least 24 hours in advance.

DELIVERY

Each Sales Order is carefully inspected prior to shipment and securely packaged in wooden crates. Although our mantels are packaged very securely to prevent any damage, in rare cases damage may occur during shipment.

The Buyer agrees to inspect the wooden crate(s) and contents of the shipment for damage before signing the delivery slip. The delivery team will open the top of the crate(s) to facilitate this. In the unlikely scenario you notice any damage, please accept the shipment for delivery but note the damage on the delivery slip and contact us immediately. We are not responsible for the cost of repairs or replacement of damaged items if there is no notation on the delivery slip.

In the case of curbside delivery, the Buyer agrees to have able-bodied people and some way to move the crate(s) from the curb to inside the home at or around the time of delivery.

Aside from opening the top of the crate(s), we recommend the mantel(s) to remain crated until ready for installation. We also recommend an experienced stone mason to handle the installation of the fireplace mantel(s).

Any indication given by us as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by us for late deliveries. Please do not book an installer or begin any installation work until the order has been received.

WARRANTY

All Products are warranted to be free from damage. Products are also warranted to meet all specifications as accepted in the Sales Order, but Marmoso makes no warranties as to the accuracy of these specifications. You, as the Buyer, shall bear all responsibility for ensuring site conditions are properly prepared and constructed to accommodate the Products as designed per the accepted Sales Order specifications.

We have made every effort to display our Products and related images as accurately as possible on this website. However, variations in color, pattern, texture, and veining are inherent in natural stone and carving by hand. As such, the appearance of any manufactured Product in comparison with images displayed on this website or elsewhere will inevitably vary for reasons beyond our control. Marmoso does not warrant or accepts responsibility for these natural variations.

We do not warrant that the quality of any of our Products, Services, or other material purchased or obtained by you will meet your expectations.

RETURNS

All of our Products are made to order. As such, we do not accept returns except in the case of damage as covered by the warranty described above.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content 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. 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.

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.

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 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, so that we can complete your transactions and contact you as needed.

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 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.

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.

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 are unlawful, offensive, threatening, libelous, defamatory, 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.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

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 Sales 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.

PROHIBITED USES

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.

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 Marmoso, 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marmoso 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.

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.

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).

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 govern 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.

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 the State of New York, without giving effect to its rules and procedures regarding conflicts of laws.

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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@marmoso.com.