Terms of service

OVERVIEW

This website is operated by Black Bear Mountain Stone. Throughout the site, the terms “we”, “us” and “our” refer to Black Bear Mountain Stone.

Black Bear Mountain Stone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “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.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Black Bear Mountain Stone is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.

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.

SECTION 3 - 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 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.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our refund policy.

We have made every effort to display as accurately as possible the colors and images of our products.

We cannot guarantee that your computer monitor's display of any color will be accurate.

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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - 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, the same credit card, 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 Black Bear Mountain Stone. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Black Bear Mountain Stone is not responsible for customer errors. If a customer enters incorrect data such as incorrect shipping address, etc. or orders the incorrect product, the cost to correct such errors will be solely the customer’s responsibility. Please see our refund policy for additional information.

SECTION 7 - 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.

SECTION 8 - 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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries, product reviews, product photos, etc.) 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, pornographic, 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.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through Black Bear Mountain Stone is governed by our privacy policy.

SECTION 11 - 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 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.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Black Bear Mountain Stone shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Black Bear Mountain Stone shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Black Bear Mountain Stone shall immediately issue a credit to your credit card account in the amount of the incorrect price. Please see our refund policy for additional information.

SECTION 12 - 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.

SECTION 13 - 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 Black Bear Mountain Stone, 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Black Bear Mountain Stone 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.

SECTION 15 - 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.

SECTION 16 - 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).

SECTION 17 - 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.

SECTION 18 - 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 United States.

SECTION 19 - 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.

SECTION 20 - CONTACT INFORMATION

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

SECTION 21 - COPYRIGHT AND TRADEMARK NOTICE

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Black Bear Mountain Stone, Copyright © 2006, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission.

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

SECTION 22 - CREDIT CARDS

We accept the following credit cards: Visa, MasterCard, American Express, Discover, and Diners Club. We also accept PayPal accounts, Apple Pay, Facebook Pay, Shop Pay and Venmo. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you).

Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

Black Bear Mountain Stone is not responsible for customer errors. If a customer enters incorrect data such as incorrect shipping address, etc. or orders the incorrect product, the cost to correct such errors will be solely the customer’s responsibility. Please see our refund policy for additional information.

SECTION 23 - MULTIPLE PRODUCT ORDERS

For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order. Please see our shipping policy for additional information.

SECTION 24 - ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Black Bear Mountain Stone reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

SECTION 25 - OTHER CONDITIONS

These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Black Bear Mountain Stone. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.

SECTION 26 - OUT-OF-STOCK PRODUCTS

We will ship your product as it becomes available. Please see our shipping policy for additional information. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.

SECTION 27 - PRIVACY POLICY

We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password.

We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

Our secure servers protect your information using advanced encryption techniques and firewall technology.

To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Black Bear Mountain Stone site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Black Bear Mountain Stone site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.

Other sites accessible through our site have their own privacy policies and data collection practices.

Please consult each site's privacy policy. Black Bear Mountain Stone is not responsible for the actions of third parties.

SECTION 28 - PROMOTIONAL CODES

Promotional codes are valid for a limited time only. Black Bear Mountain Stone reserves the right to modify or cancel promotional codes at any time.

Each promotional code can be used only once, unless otherwise specified.

Only one promotional code can be used per order and therefore cannot be combined with other offers using promotional codes.

If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.

Black Bear Mountain Stone reserves the right to void any transactions where prohibited.

SECTION 29 - ORDER CANCELATIONS

All cancelled orders are subject to a 3% processing fee.

All cancelled orders that have been confirmed to ship (orders with a scheduled carrier pick up) are subject to a 3% processing fee and a $100 re-stocking fee.

Orders that have shipped cannot be cancelled. To cancel a shipped order a return must be processed.

Please see our refund policy for additional information.

SECTION 30 - RETURNS / REFUND POLICY

Our refund policy lasts 30 days. If 30 days have passed since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. 

To complete your return, we require a receipt or proof of purchase.

All shipping costs are non-refundable.

You will be responsible for paying for your own shipping costs for returning your items. Black Bear Mountain Stone cannot guarantee that we will receive your returned item, therefore all returns must be shipped using a trackable shipping service and it is highly recommended you purchase shipping insurance. Black Bear Mountain Stone can also arrange the return shipping for you. If we handle the return shipping and you receive a refund, the cost of return shipping will be deducted from your refund.

All sample orders are final sale and cannot be returned or refunded.

All custom order products are final sale and cannot be returned or refunded. 

All cancelled orders are subject to a 3% processing fee.

All cancelled orders that have been confirmed to ship (orders with a scheduled carrier pick up) are subject to a 3% processing fee and a $100 re-stocking fee.

Orders that have shipped cannot be cancelled. To cancel a shipped order a return must be processed.

Unfortunately, returns for customers who are not satisfied with the final product that did not order a sample will not be accepted. We strongly recommend ordering a sample of each product in advance of placing your product order opposed to ordering products solely based on images from our website. All of our completed installation images are customer submitted and they are true to color, we do not enhance or manipulate our photos at all. There may be some differences from image to image, however this variation is caused by different lighting conditions and image quality. Additionally, images can look different from screen to screen.

Refunds (if applicable): Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit. Black Bear Mountain Stone cannot guarantee when a refund will arrive.

Late or missing refunds (if applicable): If you haven’t received a refund yet, don't panic, it may take some time before your refund is officially posted. There is often some processing time before a refund is posted. Black Bear Mountain Stone cannot guarantee when a refund will arrive.

For post purchase support please visit our post purchase support page or contact us at info@blackbearmountainstone.com.

SECTION 31 - SHIPPING POLICY

Most sample orders will ship the next day if ordered by 5:00PM EST and the sample is in stock, otherwise sample orders will ship within 3 to 5 business days (up to 2 to 3 weeks during peak seasons). Sample orders are not processed or shipped on Saturdays or Sundays.

Most product orders will ship within 3 to 5 business days if the product is in stock, otherwise the product will be made to order and can take up to 2 to 3 weeks to produce (up to 4 to 6 weeks during peak seasons). You will receive an email with an estimated ready to ship date after your order is processed. Product orders are not processed or shipped on Saturday or Sunday.

Please note: lead times quoted during check out are shipping lead times only, these lead times do not include production lead time or order processing lead time. 

We cannot guarantee when an order will arrive. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. Black Bear Mountain Stone is not responsible for delayed shipments. If an order is delayed please contact the shipping company for additional updates and escalation.

* Free shipping on all orders in the continental USA (applies to the continental USA. For orders shipping to Canada, Alaska, Hawaii, and Puerto Rico please contact us for shipping rates).

All shipping costs are non-refundable.

All shipments are shipped LTL (less than truckload). All residential deliveries are curbside only. LTL trucks will not back into driveways.

Free shipping on all sample orders applies to the continental USA only. For sample orders shipping to Canada, Alaska, Hawaii, and Puerto Rico please contact us for shipping rates.

Corners are add on items and cannot be sold and shipped independently of flats, unless purchasing at least 10 boxes of corners. Orders for less than 10 boxes of corners independent of flats will be cancelled.

Accessories are add on items and cannot be sold and shipped independently of flats. Orders for accessories independent of flats will be cancelled.

Black Bear Mountain Stone is not responsible for damage caused during shipping. Please inspect your order during delivery. In order to file a freight claim with the shipping company any and all damage will need to be noted at the time of delivery. If damage is not noted at the time of delivery your damage claim will be denied. Any additional compensation for damaged shipments is between you and the shipping company. The good news is most damaged materials are still usable and can be trimmed and installed. Please contact us if you have questions about how to trim damaged stone veneer and brick veneer.

Black Bear Mountain Stone is not responsible for lost shipments. In the unlikely event your order is lost we will remake and reship the order to you at no charge. Any additional compensation for lost shipments is between you and the shipping company.

Black Bear Mountain Stone is not responsible for customer errors. If a customer enters incorrect data such as incorrect shipping address, etc. or orders the incorrect product, the cost to correct such errors will be solely the customer’s responsibility. Please see our refund policy for additional information.

SECTION 32 - TAXES

Black Bear Mountain Stone shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.