When ordering a ready or individual design glass monument from Glasstone, from now on- the SELLER, the customer, hereinafter- the BUYER, acknowledges he/she has read, understood and agreed to the following terms and conditions of sale and purchase, which come into force from the moment of payment for the service.
1. PRODUCTS
1.1. SELLER shall produce a glass monument BUYER has chosen and ordered from the designs available on the www.glasstone.eu website or develop a new individual design, according to the agreed sketches and 3D models. The particular design is specified in Point 7.1. of this Contract.
1.2. Each Glasstone glass headstone is an original artwork by artist Ernests Vītiņš (Ernest Vitin). All visual, textual and design copyrights and reproduction rights remain the property of the author.
2. BUYER ACKNOWLEDGES THAT
2.1. All monument designs, including those chosen by BUYER, are custom made (uniquely handcrafted). Due to the nature of handwork and style of work of SELLER, detailed in paragraph 2.3. the nuances in the shape and the details of the surface may slightly differ from the respective example shown on the website www.glasstone.eu and the 3D visualisations.
2.2. The hue of the monument may be perceived slightly different to the example on the website, due to several factors a) the surrounding colours and intensity of sunlight impact the visual appearance of the glass headstone and its colour, b) the colour settings of each device you are viewing the website on does influence how the pictures are displayed and perceived.
2.3. Each monument, cast or layered glass, is entirely handcrafted - cut, chiselled, glued manually, ground and sanded by hand. SELLER works with the glass monuments in a style similar to Impressionism; thus not striving for smoothly polished surfaces. Instead, SELLER endeavours to create and combine different textures, indents, surfaces of the glass in one monument and achieve a maximally various interplay of it with the light. The visual impression of the monument can change significantly depending on the surroundings, angle of the light and the viewer’s position in relation to the monument. The completed look is achieved by stepping slightly away from the monument, 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.
2.4. The 3D Models and sketches should not be taken as the exact replica of the proposed monument. They are a close approximation of the intended shape of the monument, not the colour and texture. +/- 2 cm may differ from the agreed size of the monument.
2.5. The visual proof of the final result of the headstone and monument sculpture may be used in a visual public portfolio within SELLER’S or their designated partner’s website, social media and printed materials unless BUYER specifically agrees with the seller about special treatment of the visual material of their monument.
3. RESPONSIBILITIES OF SELLER
3.1. SELLER will start the production of the ordered monument, immediately after receiving the first instalment (payment procedure detailed in paragraph 5.)
3.2. SELLER shall complete the production of the ordered products within the agreed timeframe (see paragraph 7), or will duly inform the BUYER about digression and the reasons for that, to agree upon a new timeframe.
3.3. On the request of BUYER SELLER shall provide options for shipment and transportation of the monument to the destination.
3.3.1. SELLER will inform BUYER once the monument is packed and ready for shipment.
3.4. SELLER will provide a safe packaging for the shipment of the monument:
3.4.1. The “Glasstone” glass headstones are packed in hardboard boxes lined from within with polystyrene foam board for shock absorption.
3.4.2. 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.
3.4.3. If BUYER chooses to arrange Insurance for the monument for the period of shipment and after, SELLER will provide the requested documentation for its arrangement. Upon BUYERS request, SELLER may find out and provide options and mediate the arrangement of insurance that the chosen logistics company offers. In all other aspects, the arrangement of insurance is the sole responsibility of the BUYER.
3.5. SELLER must provide BUYER with complete instruction for the installation and maintenance of the ordered glass monument.
3.5.1. BUYER must ask SELLER all questions that arise regarding the installation or maintenance of the monument after having read the installation instruction, before taking any independent actions. Questions should be written and sent to info@glasstone.eu or through an already established way of communication between the SELLER and the BUYER.
3.5.2. SELLER shall answer BUYER’S questions regarding the installation and maintenance of glass monuments after their best conscience, at latest within 48 hours.
3.6. SELLER provides a lifetime craftsmanship warranty service in the case of naturally occurring significant changes - defects, in the glass elements of Glasstone monuments, if terms and conditions listed in the following clauses 3.5.1., 3.6.1. - 3.6.6. , 3.7. - 3.7.3. and 4.2. are all met.
3.6.1. SELLER guarantees quality and longevity of their products under different climatic conditions, except force majeure conditions, such as floods, earthquakes, etc.
3.6.2. SELLER does not take responsibility for damage caused directly by BUYER or any third party, on purpose, accidentally or by treating monuments in ways that digress from those written in the maintenance (on the website www.glasstone.eu) and the individual installation instructions.
3.6.3. Significant changes are assumed if the defects cover more than 20% of the glass monument total surface area.
3.6.3.1. Significant changes affect the overall stability of the monument. Whereby, mere visual changes are not liable for the warranty service.
3.6.4. Installation process was carried out by a) SELLER b) their designated partner or c) BUYER, adhering to the installation instructions provided by the SELLER and can provide a video and photo evidence of the process of the installation - clearly showing each step of the installation instructions being completed and the result: headstone photographed from a close distance, but far enough to fit the whole object in the photo, at least from four different sides, right after it is installed in the cemetery. Further, if the installation was carried out by the BUYER independently (point - c) the following terms apply:
3.6.4.1. In the case of monuments with a stainless steel frame - the SELLER guarantees the quality of craftsmanship of the glass structure and its stability inside the frame. The responsibility for strengthening the glass monument to the base lies with the BUYER. SELLER provides instruction for the correct process of installation.
3.6.4.2. In the case of the installation of monuments without a stainless steel frame, using the designated UV glue - the SELLER is responsible for the stability of the glass structure, except for the places glued by the BUYER. SELLER provides instruction for the correct process of installation.
3.6.5. The installation evidence has to be emailed to info@glasstone.eu (or established means of communication between the two parties) within two days from the installation of the headstone at the cemetery.
3.6.6. The surface on which the glass headstone is mounted is one-piece, seamless, smoothly polished, straight levelled.
3.6.7. The term of the warranty ends either when the original BUYER is no longer able to submit a request, or when SELLER no longer produces glass memorials, or thirty years after the installation of the monument. Whichever comes first.
3.6.8. Transport and re-installation costs in case of warranty service are covered by the BUYER.
3.7. If BUYER has detected major changes in the appearance of the monument, they should immediately contact Glasstone in writing at info@glasstone.eu, naming the “Subject” line of the email: “Significant changes in the monument - [Name of BUYER/ or Contract number]”, detailing the problem and attaching photographs containing a clear visual material of the problem-areas.
3.7.1. SELLER will reply to BUYER within 10 working days from receiving “Significant changes in monument” e-mail, asking for additional information to be able to carry out a further assessment or offer a solution.
3.7.2. BUYER will provide all necessary additional information to SELLER as soon as possible, but no later than in one month from receiving a request from SELLER, to enable SELLER to carry out a further assessment or offer a solution.
3.7.3. Overall process of assessment of the changes in the monument, decision making and warranty service may take up to one year.
4. RESPONSIBILITIES OF BUYER
4.1. BUYER makes all the necessary inquiries and arrangements with the cemetery and guarantees a legally executed place of installation for the monuments
4.2. 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 monument
4.3. BUYER is responsible for finding a broker, making all necessary inquiries and disbursement of all import fees at the customs of their country - the country of import.
4.4. BUYER disburses the Services and Products of SELLER listed in this agreement according to the schedule in paragraph 5.
4.5. If BUYER carries out the installation process themselves, they strictly adhere to the given installation instructions.
4.5.1. If there are doubts about the installation process of their glass monument after reading the provided installation instructions, the BUYER should attempt to dispel the doubts by asking the SELLER before taking any action.
4.5.2. If BUYER wants to be entitled to a lifetime warranty service, BUYER records a video, takes photos of the installation process and shares it with SELLER as detailed in paragraph 3.6.5.
4.6. BUYER chooses the means of shipment and delivery by either choosing one that SELLER offers or by finding their own logisticians and clears the logistics company’s shipment invoice timely to avoid any delays of shipment.
4.7. Shipment will take place 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. SELLER is not liable for any delays in shipment once the cargo is submitted to the logistics company.
4.8. If a shipment is arranged to BUYER’S nearest port or airport, or logistics warehouse, BUYER procures all necessary equipment for the transportation and installation of the glass monument after picking it up from the logistics company, or port or airport authority unit.
4.9. Insurance for the transportation period is not compulsory and is not included in the Contract Sum, it is a BUYER’s choice and liability (see paragraph 3.4.1 - 3.4.3.)
5. PAYMENT FOR SERVICES AND PRODUCTS
5.1. The total amount payable (the full Contract Sum) for the products and services is indicated in the invoice issued by the SELLER and detailed in clause 5.2.1.
5.1.1. Additional details or changes to the agreed services and designs usually are outlined within an email or other agreed means of conversing, such as - WhatsApp, Telegram etc. The most up to date information within the written conversation will be taken as proof of agreement.
5.2. Payment procedure:
5.2.1. BUYER makes payment of 50% (in case of Classic headstone design 100%) of the full Contract Sum ___________________, by clearing the invoice, as soon as he/she wants SELLER to start working on the production of the monument. The payment is non-refundable.
5.2.2. For bespoke designs - BUYER pays the remaining balance of the Contract Sum, by clearing the second invoice after endorsing photographic evidence of the memorial in its middle development stage: the form being cut out, having gone through initial treatments, stacked in the form it will eventually take, before being glued together and before undergoing final treatment including grinding and sanding, cleaning and inserting lettering and, if necessary - stainless steel frame or rods.
5.2.3. After endorsing photographic/video evidence of the monument being completed BUYER clears the shipping (and if chosen - insurance) fees to the logistics company and SELLER submits the item for shipping.
5.3. BUYER makes all payments, as agreed with the SELLER via Bank Transaction.
5.4. All payments made by the BUYER to the SELLER are non-refundable.
5.5. Payment/bank 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 upon by both parties.
7. INDIVIDUAL ARRANGEMENTS BETWEEN SELLER AND BUYER
7.1. Technical and visual design specifications (confirmed in individual agreement):
7.7.1. Title of the monument: [...], size of the glass element [...], type of glass - [...]. Size of the stone element if any [...] Lettering on the monument [stainless steel (silver colour) or brass (bronze colour)], stainless steel frame [none/ light/ dark], stainless steel rods in the headstone [amount]
7.2 Time of production: [...] working days from receiving payment.