When ordering a ready or individual design glass memorial from Glasstone, hereinafter- the SELLER, the customer, hereinafter- the BUYER, acknowledges he/she has read, understood and agreed to the following terms and conditions of purchase.
1.1. SELLER shall produce a glass memorial the BUYER has chosen and ordered from the designs available on the www.glasstone.eu website.
1.2. Or/and the SELLER will produce a new individual design, according to the agreed sketches and 3D models.
1.3. Each Glasstone glass headstone is an original artwork by artist Ernests Vītiņš (Ernest Vitin). All copyrights and reproduction rights are the property of the author.
2. THE BUYER ACKNOWLEDGES THAT:
2.1. All memorial designs are custom made – uniquely handcrafted. Due to the nature of handwork and our style of work, detailed in paragraph 2.2., the nuances in the shape and the details of the surface of the ordered headstone may differ from the respective example shown on the website www.glasstone.eu.
2.2. Each monument, cast or layered glass, is entirely handcrafted – cut, chiselled, glued manually, by hand. The SELLER works with the glass memorials in a style similar to Impressionism; thus not striving for smoothly polished surfaces. Instead, the SELLER endeavours to create and combine different textures, indents, surfaces of the glass in one memorial and achieve a maximally various interplay of it with the light. The visual impression of the memorial will change a lot depending on the surroundings, how the light falls and the viewer’s position in relation to the memorial. The completed look is achieved by stepping slightly away from the memorial, rather than observing it at a close-up. At the close-up, one should expect to see indents, different textures and uneven surfaces- made and intentionally broken by the artist with the final result in mind.
2.3. The hue of the memorial may be perceived slightly different to the example on the website, due to several factors a) the surrounding colours and intensity of sunlight impact visual look of glass headstone and it’s colour, b) the colour settings of each device you are viewing the website on does influence how the pictures are displayed and perceived, c) most of the pictures are enhanced with photo editing programmes.
2.4. The colour, shape and any texture specifications for the bespoke designs, listed in paragraph 2. shall be agreed upon in writing, usually confirmed through email.
2.5. The 3D Models and sketches should not be taken as the exact replica of the proposed memorial. They are a close approximation of the intended shape of the memorial, not the colour and texture. +/- 2 cm should be allowed to differ from the agreed size of the memorial.
2.6. The visual proof of the final result of the headstone and memorial sculpture may be used as visual public portfolio within the SELLER’S website, social media and printed materials unless BUYER specifically agrees with the seller about special treatment of their memorial.
3. RESPONSIBILITIES OF THE SELLER
3.1. The SELLER will start the Production of the ordered memorials, immediately after receiving the first instalment as detailed in paragraph 5.5.
3.2. The SELLER shall complete the Production of the ordered products within the agreed timeframe.
3.3. The SELLER shall assist with arranging shipment and transportation of the memorial to the port or airport unit as requested and agreed with the BUYER.
3.3.1. The SELLER shall arrange shipment with the earliest possible means after receiving the second instalment, in paragraph 5.6.
3.3.2. The SELLER will inform the BUYER about the date of delivery to the agreed port or airport unit as soon as it is known.
3.4. The SELLER will provide safe packaging for the shipment of memorials
3.4.1 The SELLER does not carry responsibility for damage caused during the shipment if the packaging has been opened or damaged in the process of transportation or at the customs.
3.4.2. The BUYER may choose to arrange Insurance for the memorial for the period of shipment and after. Insurance is the sole responsibility of the BUYER, the SELLER will provide the requested documentation for its arrangement.
3.5. The SELLER guarantees quality and longevity of their products under different climatic conditions, except force majeure conditions, such as floods, earthquakes, etc.
3.6. The SELLER offers free guarantee service in the unlikely case of naturally occurring significant changes – defects, in the glass elements of Glasstone memorials, within the first 5 years from the time of purchase.
3.6.1. Significant changes – defects are assumed if they cover more than 20% of the glass memorial surface
3.6.2. If the BUYER has detected major changes in the appearance of the memorial, they should immediately contact Glasstone in writing at firstname.lastname@example.org, naming the “Subject” line of the email: “Significant changes in memorial – [Name of the BUYER/ or Contract number]”, detailing the problem and attaching photographs containing a clear visual material of the problem areas.
3.6.3. The SELLER will reply to BUYER within 10 work-days from receiving “Significant changes in memorial” e-mail, asking additional information to be able to the carry out further assessment or offer a solution.
3.6.4. The BUYER will provide all necessary additional information to the SELLER as soon as possible, latest – a month from receiving a request from the SELLER, to enable the SELLER to the carry out further assessment or offer a solution.
3.7. The SELLER does not take responsibility for damage caused directly by the BUYER or any third party, on purpose, accidentally or by treating memorials in ways that digress from those written in the maintenance (on the website www.glasstone.eu) and installation instructions (provided when a memorial is purchased).
3.8. The SELLER shall provide BUYER with a full written instruction for the installation and maintenance of the ordered glass memorial. The SELLER shall answer BUYER’S written questions, sent to email@example.com or representative they have been communicating with, regarding the installation, shipment or maintenance of glass memorials after their best conscience, within 48 hours.
4. RESPONSIBILITIES OF THE BUYER
4.1. The BUYER makes all the necessary inquiries and arrangements with the cemetery and guarantees a legally executed place of installation for the memorials
4.2. The BUYER provides the arrangement for all the necessary checks and preparation of the bearing capacity of the place of installation before the planned installation of each memorial
4.3. The BUYER is responsible for inquiries regarding and disbursement of all import fees at the customs of their country – the country of import. SELLER may or may not be able to assist with the process, depending on the country of import and each individual case.
4.4. The BUYER disburses the Services and Products of the SELLER listed in this agreement according to the schedule in paragraph 5.
4.5. Shipment will happen according to the planned schedule as provided by the logistics company, however, the BUYER should allow extra time, for delivery in case of unforeseeable shipping delays.
4.6. If there are doubts about the installation process of their glass memorial after reading the provided installation instructions, the BUYER should attempt to dispel the doubts by asking the SELLER before taking any action.
4.7. The BUYER procures all necessary equipment for the transportation and installation of the glass memorial after picking it up from the port or airport authority unit.
5. PAYMENT FOR SERVICES AND PRODUCTS
5.1. If BUYER wants to order a new, bespoke design, the SELLER shall start working on it after receiving the first instalment of 200 EUR. This is a non-refundable instalment, which partly covers the cost of the design development.
5.2. Contract Sum for the products and services can be seen in the Invoice provided by the SELLER.
5.2.1. Additional details or changes to the agreed services and designs usually are outlined within an email or other means of digital conversing, such as – Skype, Messenger, Telegram etc, between the BUYER and the SELLER. The most up to date information within the written conversation will be taken as proof of agreement.
5.3. Shipment cost has to be disbursed by the BUYER directly to the logistics company immediately after receiving the shipment invoice.
5.3.1. If the BUYER does not cover the shipment invoice timely, the shipment will be delayed.
5.4. Insurance of the memorial for the time of the shipment is optional and is not included in the Contract Sum (see paragraph 3.4.2).
5.5. The BUYER pays a non-refundable instalment comprising 50% of the Contract Sum, by clearing the Advance Invoice, as soon as he/she wants the SELLER to start working on the production.
5.6. The BUYER pays the remaining balance of the Contract Sum, by clearing the second invoice, immediately after endorsing photographic evidence of the finished product from the SELLER. This payment is non-refundable.
5.7. The BUYER makes all payments, except for or including the shipment fee, as agreed with the SELLER: in Cash, Check, Paypal or Bank Transaction.
5.8. Payment transaction fees are covered by the BUYER.
6. RESPONSIBILITIES OF BOTH PARTIES
6.1. The parties should attempt to solve any disputes and disagreements that arise during the time of agreement through a written mutual discussion.
6.1.1 If disagreements cannot be solved in a mutual discussion, they shall be taken to and solved at the Riga Arbitration Court, Latvia.
6.2. Any changes or additions to the agreement have to be made in writing via email and agreed by both parties.
6.3. As soon as the first instalment is paid by the BUYER to the SELLER these Terms and Conditions become legally binding for both parties, until the full completion of the obligations herein.