Terms and Conditions

TERMS AND CONDITIONS OF SERVICE

1.About Luxiomer Stone Gallery

Luxiomer Stone Gallery Inc, a California corporation ("Luxiomer," "we," "our," or "us"), is a full-service stone design, supply, fabrication, and installation company headquartered in Thousand Oaks, California. We provide residential and commercial clients with end-to-end stone and surface solutions, including design consultations, material sourcing and supply, custom fabrication, and professional installation (collectively, the "Services").

These Terms and Conditions (this "Agreement") govern all transactions, engagements, and relationships between Luxiomer and any individual or entity ("Client," "you," or "your") who requests, purchases, or receives Services from Luxiomer. For the avoidance of doubt, Luxiomer acts as a direct provider of Services and is not a marketplace or intermediary.

2.Scope of Services

Luxiomer offers the following categories of Services, each of which is subject to this Agreement:

(a) Design Consultations. Concept development, mood curation, 3D renderings, showroom consultations, material selection guidance, technical feasibility assessments, structural planning, and digital layout and vein-matching services.

(b) Material Supply. Sourcing, procurement, inspection, and delivery of natural stone (including quartzite, marble, and travertine) and engineered surfaces (including quartz, porcelain, and sintered stone) from Luxiomer's inventory or through Luxiomer's supplier network.

(c) Fabrication. Custom cutting, edging, templating (including digital laser templating), and finishing of stone and surface materials at Luxiomer's fabrication facility.

(d) Installation. Professional installation of stone and surface materials, including site preparation, structural support integration, subcontractor coordination, and post-installation clean-up.

(e) Aftercare & Maintenance. Repair, restoration, and refinishing services for stone and surface materials previously installed by Luxiomer.

The specific scope, pricing, timeline, and deliverables for any engagement will be set forth in a written proposal, estimate, or purchase order (each, a "Project Order") issued by Luxiomer and accepted by Client. In the event of any conflict between a Project Order and this Agreement, the terms of the Project Order shall govern with respect to the specific subject matter addressed therein.

3.Quotes, Estimates & Project Orders

3.1 Validity of Quotes. All quotes and estimates provided by Luxiomer are valid for thirty (30) calendar days from the date of issuance, unless otherwise stated in writing. Luxiomer reserves the right to revise or withdraw any quote prior to Client's acceptance.

3.2 Acceptance. A Project Order is deemed accepted, and a binding contract for the applicable Services is formed, when Client: (a) signs and returns the Project Order or a separate acceptance document; or (b) makes a deposit payment as specified in Section 4. No verbal agreement, email confirmation, or informal communication shall constitute acceptance unless followed by one of the foregoing.

3.3 Changes to Scope. Any changes to the scope of Services after a Project Order has been accepted must be agreed upon in writing by both parties in the form of a written change order ("Change Order"). Luxiomer reserves the right to adjust pricing, timelines, and material specifications in connection with any Change Order. Work on changed scope will not commence until the Change Order has been signed by both parties.

3.4 Material Availability. Quotes are subject to material availability at the time of Project Order acceptance. Luxiomer will notify Client promptly if any specified material becomes unavailable after acceptance and will propose comparable alternatives. If Client does not accept the proposed alternative within five (5) business days, either party may terminate the applicable Project Order without penalty, and any deposit paid will be refunded in full, less any costs already incurred.

4.Payment Terms

4.1 Deposit. Unless otherwise specified in the Project Order, Client shall pay a non-refundable deposit of fifty percent (50%) of the total Project Order value upon acceptance (the "Deposit"). Work will not commence, and materials will not be ordered or reserved, until the Deposit is received in full.

4.2 Final Payment. The remaining balance shall be due and payable in full upon completion of installation, or, if the Project Order does not include installation, upon delivery of fabricated materials. Luxiomer reserves the right to require full payment prior to releasing materials for delivery or installation.

4.3 Payment Methods. Luxiomer accepts payment by credit card, debit card, check, ACH/bank transfer, or such other payment methods as Luxiomer may make available from time to time. All amounts are due in U.S. dollars.

4.4 Late Payments. Any amount not paid when due will accrue a late payment charge of one and one-half percent (1.5%) per month (or the maximum rate permitted under California law) from the due date until paid in full. Luxiomer reserves the right to suspend Services until all outstanding amounts are paid.

4.5 Taxes. All prices quoted are exclusive of applicable federal, state, and local taxes, including California sales tax. Client is responsible for all applicable taxes. Where Luxiomer is required by law to collect sales tax, the applicable amount will be added to the Project Order.

4.6 Disputed Invoices. Client must notify Luxiomer in writing of any invoice dispute within five (5) business days of the invoice date. Failure to provide timely written notice shall be deemed acceptance of the invoice. Client may not withhold payment of undisputed amounts pending resolution of a dispute.

5.Cancellation & Refunds

5.1 Cancellation by Client. Client may cancel a Project Order by providing written notice to Luxiomer. Upon cancellation:

(a) If cancellation occurs before materials have been ordered and before any fabrication work has commenced, Luxiomer will refund the Deposit, less a cancellation fee of fifteen percent (15%) of the total Project Order value.

(b) If cancellation occurs after materials have been ordered but before fabrication has commenced, Luxiomer will refund the Deposit, less the cancellation fee described in clause (a) and the actual cost of any materials ordered that cannot be returned to the supplier.

(c) If cancellation occurs after fabrication has commenced, no refund of the Deposit will be provided. Client will also be responsible for payment of any amounts owed for work completed and materials consumed up to the date of cancellation, which may exceed the Deposit amount.

5.2 Cancellation by Luxiomer. Luxiomer reserves the right to cancel a Project Order due to unforeseen circumstances, including material unavailability, unsafe site conditions, or Client breach. In the event of cancellation by Luxiomer for reasons other than Client breach, Luxiomer will refund all amounts paid, less costs actually incurred.

5.3 Custom and Special-Order Materials. Materials that have been custom-ordered, specially procured, or fabricated specifically for Client's project are non-returnable and non-refundable under any circumstances.

6.Material Selection & Inspection

6.1 Natural Variation. Client acknowledges that natural stone and engineered surface materials are subject to inherent variation in color, veining, texture, thickness, and appearance. Luxiomer makes no warranty that any material delivered will be identical to samples, photographs, digital renderings, or showroom displays.

6.2 Client Inspection Opportunity. Luxiomer will provide Client with a reasonable opportunity to inspect selected slabs prior to fabrication, either in person at Luxiomer's showroom or fabrication facility, or via photographs. Client is strongly encouraged to inspect materials in person before approving them for fabrication.

6.3 Approval for Fabrication. Once Client approves materials for fabrication — whether in writing, verbally, or by failing to object within the time period specified by Luxiomer — such approval is final. Luxiomer will not be obligated to accept returns or provide refunds for materials on the basis of aesthetic characteristics after fabrication has commenced.

6.4 Pre-Existing Conditions. Natural stone materials may contain minor natural imperfections, including chips, fissures, veins, pitting, and discoloration. These are inherent characteristics of natural stone and are not considered defects. Luxiomer's fabrication team employs professional techniques to remediate minor imperfections as part of standard fabrication practice.

6.5 Post-Delivery Inspection. Upon delivery of fabricated materials, Client (or Client's authorized representative) shall inspect all materials and notify Luxiomer in writing of any visible damage, shortage, or non-conformity within forty-eight (48) hours of delivery. Failure to provide timely written notice shall constitute acceptance of the materials as delivered.

7.Delivery & Logistics

7.1 Delivery Arrangements. Unless otherwise agreed in writing, Luxiomer will arrange delivery of materials to the job site using Luxiomer's own personnel or appropriately equipped subcontracted carriers. Delivery dates specified in a Project Order are estimates only and are not guaranteed.

7.2 Client Responsibilities at Delivery. Client is responsible for ensuring that: (a) the delivery location is accessible for delivery vehicles; (b) a responsible adult is present to receive the delivery; and (c) adequate space is available for safe off-loading and staging of materials.

7.3 Risk of Loss. Risk of loss or damage to materials passes to Client upon delivery to the job site or designated delivery location.

7.4 Storage. If Client is unable to receive delivery on the scheduled date, Luxiomer may charge reasonable storage fees for materials held beyond five (5) business days from the originally scheduled delivery date.

8.Installation

8.1 Site Conditions. Client is responsible for ensuring that the installation site is suitable for installation, including that: (a) the area is clean, clear, and accessible; (b) cabinets, fixtures, and structural elements are fully installed and level; (c) required plumbing, electrical, and HVAC rough-in work is complete; and (d) the property is in a safe and habitable condition.

8.2 Site Assessment. Luxiomer will conduct a pre-installation site assessment. If site conditions are not suitable for safe installation, Luxiomer may postpone installation until conditions are remedied. Client will be responsible for any additional costs arising from a postponement due to inadequate site conditions.

8.3 Subcontractor Coordination. As part of Luxiomer's turnkey trade management offering, Luxiomer may coordinate licensed subcontractors for ancillary work, including plumbing, electrical, HVAC, cabinetry reinforcement, and drywall or paint touch-up. All subcontractors are independent contractors. Luxiomer will exercise reasonable care in selecting subcontractors but does not warrant or guarantee the quality of subcontractor work and will not be liable for any act or omission of any subcontractor.

8.4 Installation Standards. All installation work performed by Luxiomer will be carried out in a professional and workmanlike manner, in accordance with applicable manufacturer specifications and industry standards.

8.5 Post-Installation Acceptance. Upon completion of installation, Luxiomer will invite Client to conduct a walk-through. Any concerns identified will be documented in writing and addressed by Luxiomer within a reasonable period. Client's signature on a completion acknowledgment or Client's failure to identify concerns in writing within forty-eight (48) hours of completion shall constitute final acceptance of the installation.

9.Warranties & Aftercare

9.1 Workmanship Warranty. Luxiomer warrants that all installation work performed by Luxiomer's own employees will be free from material defects in workmanship for a period of one (1) year from the date of installation completion (the "Workmanship Warranty"). The Workmanship Warranty does not cover defects or damage arising from: (a) normal wear and tear; (b) improper care or maintenance; (c) alterations or repairs made by parties other than Luxiomer; (d) impact, misuse, or abuse; (e) structural movement or settling; or (f) inherent natural variation in stone materials.

9.2 Manufacturer Warranties. Certain materials may carry separate manufacturer warranties. Luxiomer's factory-certified installation status for brands including Dekton, Laminam, Lapitec, Neolith, Silestone, and Cambria is intended to preserve applicable manufacturer warranties. Manufacturer warranties are separate from and in addition to Luxiomer's Workmanship Warranty and are subject to each manufacturer's own terms.

9.3 Warranty Claims. To make a warranty claim, Client must notify Luxiomer in writing within the applicable warranty period and provide Luxiomer with reasonable access to the site for inspection and repair. Luxiomer's sole obligation under the Workmanship Warranty is, at Luxiomer's election, to repair or replace the defective work.

9.4 Aftercare Services. Luxiomer offers maintenance, repair, and refinishing services for materials previously installed by Luxiomer. Aftercare services beyond the scope of the Workmanship Warranty will be provided at standard service rates in effect at the time of service.

9.5 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, LUXIOMER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY LUXIOMER OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY BEYOND WHAT IS EXPRESSLY STATED HEREIN.

10.Client Responsibilities

Client acknowledges and agrees that:

(a) Client is responsible for obtaining all necessary permits, approvals, and licenses required for the installation of stone and surface materials at Client's property.

(b) Client is responsible for ensuring that Client's property is structurally capable of supporting the weight and installation requirements of the specified materials.

(c) Client is responsible for the care and maintenance of installed materials in accordance with applicable manufacturer guidelines and Luxiomer's care instructions.

(d) Client is responsible for providing accurate measurements, plans, and specifications. Any inaccuracies in information provided by Client that result in additional costs will be the responsibility of Client.

(e) Client represents and warrants that Client has the legal authority to authorize the Services at the applicable property, including any required consent from property owners, landlords, or homeowners' associations.

11.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXIOMER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR DAMAGE TO OTHER PROPERTY, EVEN IF LUXIOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LUXIOMER'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO LUXIOMER FOR THE SPECIFIC PROJECT ORDER FROM WHICH THE CLAIM ARISES.

11.3 Third-Party Subcontractors. Luxiomer shall not be liable for any acts or omissions of third-party subcontractors engaged in connection with Client's project. Client's sole recourse for claims arising from subcontractor work shall be against the applicable subcontractor.

11.4 Property Damage. Luxiomer will exercise reasonable care during installation to avoid damage to Client's property. Luxiomer's liability for property damage caused by Luxiomer's negligence shall not exceed the reasonable cost of repair of the damaged item.

12.Intellectual Property

12.1 Luxiomer Work Product. All designs, drawings, renderings, layouts, and specifications prepared by Luxiomer remain the exclusive property of Luxiomer until full payment is received. Upon receipt of full payment, Luxiomer grants Client a non-exclusive license to use such work product solely in connection with the installed project at Client's property.

12.2 Portfolio Rights. Client grants Luxiomer the right to photograph completed installations and to use such photographs for Luxiomer's marketing, portfolio, website, and social media purposes. Luxiomer will not include personally identifying information about Client without prior written consent.

13.Privacy & Data

Luxiomer collects and processes personal information in connection with the Services, including Client contact information, project details, and payment information. Luxiomer's Privacy Policy, available at www.luxiomer.com, is incorporated into this Agreement by reference.

Data Deletion Requests. Clients may request deletion of their personal data by contacting [email protected]. Luxiomer will process verified deletion requests within seven (7) business days, subject to any legal obligations to retain certain information.

14.Indemnification

Client agrees to defend, indemnify, and hold harmless Luxiomer and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client's breach of this Agreement; (b) Client's negligence or willful misconduct; (c) Client's failure to obtain required permits or approvals; (d) the actions or omissions of Client's agents or contractors at the installation site; or (e) any inaccuracies in information provided by Client to Luxiomer.

15.Dispute Resolution

15.1 Informal Resolution. In the event of any dispute, the parties agree to first attempt to resolve the matter informally by written notice. The parties will have thirty (30) days from delivery of such notice to attempt in good faith to reach a mutually acceptable resolution.

15.2 Mediation. If informal resolution is unsuccessful, the parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator in Ventura County, California, before pursuing any further legal remedies.

15.3 Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal proceeding not resolved by mediation shall be brought exclusively in the state or federal courts of competent jurisdiction in Ventura County, California.

15.4 Time Limitation. Any claim arising out of or related to this Agreement must be brought within twelve (12) months after the date on which the facts giving rise to the claim first arose. Claims not brought within this period shall be permanently barred.

15.5 Attorneys' Fees. In any dispute arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, to the extent permitted by applicable law.

16.Force Majeure

Neither party shall be liable for delays or failure to perform its obligations to the extent such delay or failure results from causes beyond that party's reasonable control, including acts of God, fire, flood, earthquake, pandemic, governmental action, labor disputes, or supply chain disruptions ("Force Majeure Event"). If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Project Order without penalty, with Client entitled to a refund of any amounts paid for work not yet performed.

17.General Provisions

17.1 Entire Agreement. This Agreement, together with any applicable Project Order and Luxiomer's Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings, whether written or oral.

17.2 Modifications. Luxiomer reserves the right to modify these Terms and Conditions from time to time. Any modification will be effective upon notice to Client via email or posting on Luxiomer's website. Modifications will not affect the terms applicable to a Project Order already accepted prior to the effective date of the modification, unless otherwise agreed in writing.

17.3 Assignment. Luxiomer may freely assign or transfer this Agreement. Client may not assign or transfer this Agreement without Luxiomer's prior written consent.

17.4 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.5 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision in the future.

17.6 Notices. All notices must be in writing and directed to Luxiomer at [email protected] or Luxiomer's principal place of business in Thousand Oaks, California.

17.7 Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

17.8 Counterparts. This Agreement and any Project Order may be executed in counterparts, including by electronic signature, each of which shall be deemed an original.

18.Contact Information

For questions about these Terms and Conditions, warranty claims, aftercare requests, or data deletion requests, please contact Luxiomer at:

Luxiomer Stone Gallery Inc | Thousand Oaks, California | [email protected] | www.luxiomer.com