Terms of service
MURAFLO®
TERMS OF SERVICE
Below are the Terms of Service that apply to your purchase of products sold directly by MURAFLO® through our website and email.
1. These Terms
1.1 What This Agreement Covers. These Terms of Service are the terms and conditions under which we offer this website - www.muraflo.com - and supply products to you.
1.2 Why You Should Read This Agreement. It is in your best interests to understand our Terms of Service so that you know your rights, responsibilities, and conditions of purchase. Please read carefully prior to making your purchase. If you have questions or concerns about our Terms of Service, please contact us.
2. About Us and How to Contact Us
2.1 Who We Are. We are Muraflo LLC, with a mailing address at 665 San Rodolfo Dr. 124 # 149,
Solana Beach, CA 92075. Throughout the site, the terms “we”, “us” and “our” refer to Muraflo.
2.2 How to Contact Us. You can contact us by calling 844-687-2356 and emailing info@muraflo.com.
2.3 How We Contact You. If we contact you, we will do so by phone or by email.
2. General Conditions
2.1 Your Acceptance of Terms. We offer this website, including all information and products available to you, 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 these Terms of Service, including any additional terms, conditions and policies referenced or linked to in this agreement,
2.2 Updates We Make. 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. Your continued use the website following the posting of any changes constitutes acceptance of those changes.
2.3 Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.4 Shopify. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
2.5 Legal Use of Our Service. 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. You agree that you will not use our products, our site, or out content, for any illegal, unauthorized, malicious, or immoral purpose. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion or use of our Service, without express written permission by us.
2.6 How We Use Your Information. We will only use your personal information as set out in our Privacy Policy. Credit card information is always encrypted during transfer over networks. 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.
3. Our Products, Site, and Information
3.1 Our Products. Our products are tiled and grouted shower trays in a range of collections, colors, materials, and sizes. Standard products are the products you can see on our website and in accompanying literature. Custom products are products that are not part of the standard line of products on our website but that you can request as a special order made to your specifications.
3.2 Information. All information contained on Muraflo’s website and literature is subject to change without notice. We strive to maintain the accuracy of this information but cannot guarantee that all information is up to date or free from technical inaccuracies or typographical errors. The site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
3.3 Proprietary Notices. Our site and literature may contain proprietary notices, the terms of which must be observed and followed. Nothing in this agreement should be interpreted as giving you any license or right to use any patents, copyrights, trademarks, or other intellectual property owned by Muraflo or any third party, unless it is specifically granted here.
3.4 Product Images, Descriptions, Samples, Models. Images, descriptions, samples, and models are for representative purposes only, and are subject to change without notice. All product finishes are unique and will vary from images, descriptions, samples, and display models: natural stone and pebble mosaics have variations in size, shape, color, shade, pattern, texture, placement, and grout joint width; ceramic mosaics have variations in color, shade, pattern, texture, and grout joint width; porcelain tiles have variations in color, shade, pattern, and texture; grout has variations in color, shade, and texture. Factors such as your computer or other device displays also affect how products look when viewing onscreen.
3.5 Third-Party Materials. Our products include finish materials supplied by third-parties including, without limitation, tile, mosaic, grout, and drain manufacturers. We are not liable for any harm or damage related to your purchase or use of same or similar materials from any third-party sources. Complaints, claims, concerns, or questions regarding third-party products purchased by you should be directed to the third-party.
4. Ordering Process
4.1 How You Place an Order.
a. For website purchases, place your order on www.muraflo.com.
b. For customers in Alaska and Hawaii, please place your order via email. When your order is finalized, we will email you an invoice.
c. For customers requesting to purchase custom products - products which are not standard products and are instead made to your unique specifications – please discuss your custom order requests with us via email and phone. When your order is finalized, we will email you an invoice.
4.2 Your Purchase Information. You agree to provide current, complete and accurate account information for all purchases made at our store or through email - including your email address, phone number, and correct credit card details - so that we can complete your transactions and contact you as needed.
4.3 How We Accept Your Order.
a. For website purchases, our acceptance of your order takes place when you have placed an order on www.muraflo.com and received confirmation of payment.
b. For email purchases - including for customers in Alaska and Hawaii and for customers purchasing custom products - our acceptance of your order takes place when we email you an order acknowledgement with receipt of payment.
4.4 If We Cannot Accept Your Order. If we are unable to process your order, we will notify you by email or phone. This may be due to factors such as product availability, out-of-stock materials, authorization issues with your payment card, unforeseen resource limitations, errors in the product's price or description, or non-compliance with these terms. If the product is unavailable or the product’s source materials are out of stock, you will have the option to accept the revised delivery dates, change your order, or receive a refund.
4.5 Where We Sell To. Muraflo accepts orders from locations within the continental United States and Hawaii. We do not accept orders from addresses outside the U.S. (Orders from Alaska and Hawaii customers are accepted via email only.)
4.6 Sales Exclusions. We occasionally exclude selected zip codes from purchasing certain colors and/or sizes of products through our website. This is due to our exclusive sales agreement(s) with trusted retail partner(s). If you receive a notice of exclusion, you will be provided the necessary information to purchase your product from our retail partner.
4.7 No Resale or Export. Unless otherwise agreed with Muraflo in writing, orders are for individual homeowner use. Orders for stock or resale are prohibited. For pro-partner business customers, please contact us to discuss your project. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
4.8 Other Sales Limitations. We only knowingly sell products to adults. If you are under the age of majority in your jurisdiction (typically 18 years old), you are not permitted to purchase products. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, geographic region, or per order. We reserve the right to refuse orders placed with us. We reserve the right to modify or discontinue products without notice at any time,
5. Price and Payment
5.1 Price. For website orders, product prices are as indicated on www.muraflo.com. For email orders, prices will be as indicated on our invoice to you.
5.2 Sales Tax. Sales tax for products will be shown on the checkout page (website purchases) and invoice (email purchases). Taxes applicable to products are based on the billing address.
5.3 Prices. Prices for our products are subject to change without notice.
5.4 Inaccurate Prices. Although we make reasonable efforts to ensure our product prices are current and correct, occasionally incorrect pricing may occur. If we detect a website or invoice pricing error, we will contact you before we accept your order and make a determination on how to proceed.
5.5 Payment for Products. For website orders, you can choose from the payment options listed on the site. For email orders, you can pay with check or with credit card. Payment for products must be received upon ordering. We may offer additional payment options at our discretion.
6. Rights to Make Changes
6.1 Your Rights to Make Changes.
If you wish to make a change to your order, please contact us promptly. Changes can only be made if your order has not yet shipped. We will inform you if the change is possible. If it is, we will provide details on any adjustments to the price, delivery time, or other relevant aspects, and ask for your confirmation to proceed with the change. If we are unable to make the change or if the impact of the change is unacceptable to you, you may be eligible to cancel your order, provided it has not yet shipped.
6.2 Our Rights to Make Changes. We may modify products due to factors including, without limitation, compliance with changes in applicable laws and regulations. If there are any significant changes to the product(s) in your order before we fulfill it, we will notify you and make a determination on how to proceed.
7. Cancellations
7.1 Your Rights to Cancel. You may request to cancel an order prior to shipment by calling or emailing us. This will incur a cancellation fee of 10%. Orders cannot be canceled after products have shipped.
7.2 Our Rights to Cancel. We reserve the right to cancel orders at our discretion and at any time for reasons including, without limitation: if you have violated these terms; if we believe your actions may violate applicable laws or harm Muraflo’s interests; or if a product in your order has been discontinued. In the case of a discontinued product, we will notify you of the discontinuation and refund any sums you have paid for said products.
8. Shipping & Delivery
8.1 Delivery Locations. Muraflo ships products to locations within the continental United States and Hawaii. We recommend you provide the address at which the product will be installed as the shipping address at checkout.
8.2 Delivery Costs. For website orders, delivery charges are included in your order. For email orders, any applicable delivery charges will be supplied on your invoice.
8.3 Shipping Method. Our products are packaged in cardboard boxes with foam inserts to protect against damage. We work with shipping carriers to provide the best service and insure our shipments against damage. We typically use Fedex Ground, however, our shipping carriers are subject to change without notice.
8.4 When We Will Provide the Products. We will ship your product(s) as soon as reasonably possible, typically within one to two weeks after we accept your order:
a. For website orders, general shipping information is provided at check-out, and an update sent by email. When your shipment leaves our facility, we will email you the expected delivery date and tracking number. Customers must be present to receive and sign for delivery.
b. For email orders, we will email you estimated shipping information with your invoice. When your shipment leaves our facility, we will email you the expected delivery date and tracking number. Customers must be present to receive and sign for delivery.
8.5 Delivery Delays Outside Our Control. If the delivery of our products is delayed due to an event beyond our control, we will notify you as soon as possible and take steps to minimize the impact of the delay.
8.6 Title and Risk of Loss. Title and risk of loss for products purchased directly from Muraflo passes to you upon delivery to your ship-to address. Muraflo is not responsible for any loss, theft, or damage after delivery. In the case of returns, title and risk of loss does not pass to Muraflo until the product arrives at our designated return location.
9. Returns
9.1 Order Returns. We are passionate about designing products for our customers to enjoy. However, if you decide that the shower tray you ordered is not right for you, we offer you the option to return standard products purchased directly from Muraflo. Please note that all return shipping charges are paid by the customer.
9.2 Return Period for Standard Products. You may return the item(s) within 30 days from the shipment date to receive a credit or refund of the purchase price paid. A restocking charge of 15% will be deducted from your refund.
9.3 Requirements and Exclusions. Only standard products for which you have received an RMA number may be returned, and providing that the instructions below have been followed. Custom products are NOT eligible for return or refund, unless the return is the direct result of a Muraflo error. Products that have been used, modified, installed, or altered in any way are NOT eligible for return or refund.
9.4 How to Make a Return. Please follow the steps below to receive a refund. Failure to follow the instructions will invalidate your return.
1: OBTAIN AN RMA NUMBER
To return a product, contact Muraflo before the end of the 30-day return period. Provided that the return conditions have been met, Muraflo will authorize your return and provide you with a Return Material Authorization (RMA) number. Muraflo will not accept returns without an RMA number. Contact us at 844-687-2356 or info@muraflo.com to request an RMA number.
Product(s) returned to Muraflo without prior authorization will be considered an unauthorized return and will not be accepted. For unauthorized returns, you will not receive a refund and we will not ship the product back to you.
2: REPACK YOUR PRODUCT(S) & INCLUDE YOUR RMA NUMBER
Reuse the original packaging, including protective inserts, to return the product(s), in as-new condition. All products must be returned with all items included (refer to Installation Instructions for item checklist). Partial returns will NOT be accepted. Ensure you correctly package the product with all protective inserts in place and secure it with tape as needed.
Write or attach THE RMA # on the outside of the package - on BOTH the top side AND front side. Ensure the text is plainly visible in large, bold, legible print. If the RMA # becomes covered in packing tape, or is in any other way obscured, ensure you write it again so that it is plainly visible.
3: SHIP YOUR PRODUCT(S) TO OUR MAILING ADDRESS
Muraflo will NOT provide return labels or shipping labels for your return. Please be aware that you must ship the product(s) you are returning at your own expense. We strongly suggest that you insure the shipment or accept the risk of loss or damage during shipment. If your return arrives in damaged condition, it will be ineligible for credit or refund. Ensure the package is securely fastened, with THE RMA # fully visible on the outside of the package. Return it to:
665 San Rodolfo Dr. 124 # 149, Solana Beach, CA 92075.
9.5 When you Will Receive your Refund. After receipt and inspection of your return, Muraflo will issue you the applicable refund or credit.
9.6 Exclusions. If the product arrives at our location in damaged condition, we will not issue a refund. We will notify you of the damage and provide you with any photos and documents that you need to follow up with your insurer. If the product was returned without authorization, we will not issue a refund. If we determine that the product has been used, modified, installed, or altered in any way, we will not issue a refund.
10. Shipping Damage Policy
10.1 Steps to Follow. While we do our best to ensure that products arrive in excellent condition, damage can occasionally occur during shipping. Please inspect your shipment(s) immediately upon arrival. If there are any signs of shipping damage:
· Receive the shipment.
· Detail the damage in writing on the shipper’s bill of lading and take a photograph of the document.
· Call us immediately at 844-687-2356. Shipping damage must be reported to us within one business day following delivery.
· We will ask you to send us information that will include, without limitation, photographs and notes about the damage.
10.2 Remedies. Depending on the nature and scale of the damage, we may offer you a full refund, a replacement, or a partial refund, at Muraflo’s discretion.
10.3 Written Approval. Do NOT return a product damaged in shipment without express written approval from Muraflo. Any products returned to Muraflo without approval may result in your return being treated as an unauthorized return rather than a damaged return.
10.4 Exclusions. If you do not send us proof of shipping damage including, without limitation, photographs and written documentation, we not offer you a refund, partial refund, or replacement.
11. Warranty
11.1 Limited three-year residential warranty. Each product is supplied with Muraflo’s manufacturer’s warranty, please read it here.
12. Other Important Terms
12.1 Subcontracting. We may use third party providers to fulfill our obligations under this agreement, including material procurement and shipment/delivery. You acknowledge that we will not be directly performing the services and agree to such subcontracting.
12.2 No Assignment or Third-Party Beneficiaries. This agreement is made solely between you and us. No third party shall have any right to enforce its terms against us. You are not allowed to transfer this agreement to any other party, and any such transfer made in violation of this clause will be deemed void. Warranty coverage is non-transferable.
12.3 Indemnification. You agree to indemnify, defend, and hold harmless Muraflo and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by a third party due to your breach of these Terms of Service, the documents they incorporate by reference, or your violation of any law or third-party rights."
12.4 Disclaimer of Warranties; Limitation of Liability. We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free. We may also remove or cancel the Service at any time without notice. Your use of the Service is at your own risk. The Service and all related products are provided "as is" and "as available," without any warranties, either express or implied, including but not limited to fitness for a particular purpose or non-infringement. Muraflo and its team (directors, officers, employees, agents, contractors, suppliers, service providers, or licensors) are not responsible for any injury, damage, or loss, including but not limited to lost profits, revenue, data, or replacement costs, that result from your use of the Service or products acquired through it. This includes any errors or issues in content or damages from the use of the Service, even if we were advised of the possibility. In areas where the law doesn't allow limits on liability for incidental or consequential damages, our liability is limited to the maximum extent permitted by law.
12.5 Force Majeure. Delays caused by circumstances beyond our reasonable control, including but not limited to acts of God, government actions or requests in their non-commercial capacity, riots, civil unrest, sabotage, accidents, fires, floods, explosions, damage to facilities, epidemics, typhoons, quarantine restrictions, government mandates, weather conditions, supply chain disruptions, shipping provider failures or delays, or lack of normal communication or transportation methods (each a "Force Majeure Event"), will extend our performance time under this agreement. You agree that we are not responsible for any loss, damage, detention, breach, or delay resulting from a Force Majeure Event.
12.6 Termination. Any obligations or liabilities that arise before the termination of this agreement will still apply even after termination. These Terms of Service are valid until either you or we decide to terminate them. You can terminate them at any time by informing us that you no longer want to use our Services or by stopping use of our site. If we believe, in our sole discretion, that you have violated any part of these Terms of Service, we may terminate the agreement without notice. You will still be responsible for any amounts owed up until the termination date, and we may deny you access to our Services (or parts of it).
12.7 Governing Law and Venue. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with federal laws or, where applicable, the laws of California.
12.8 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.
12.9 Waiver. Our failure to exercise, or delay in exercising any right, remedy, power, or privilege under this agreement shall not be deemed a waiver of that right. Additionally, the partial or single exercise of any right, remedy, power, or privilege will not prevent the further exercise of that or any other right, remedy, power, or privilege.
12.10 Survival. Terms in this agreement that, whether by implication or nature, are intended to survive will survive the cancellation, expiration or termination of this Agreement.
12.11 Discounts. Discounts are offered at Muraflo’s discretion and are subject to limitations and exclusions. Discounts may not be applied retroactively to purchases already made and are not transferable. Muraflo will not price match discounts from retailers. Discounts that apply will be shown in the checkout at the time of purchase (website orders) and in your invoice (email orders).
12.12 Agreement. These Terms of Service, including any documents referenced or linked in this agreement, or otherwise agreed to by you, contain the entire agreement between you and us with respect to your purchase of our products, and they supersede any prior or contemporaneous conversations, acknowledgement, emails, negotiations or other documentation. 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.