Terms of Service

These Terms of Service ("Terms") govern your use of gramansbathware.com and any purchase you make from us. The site is operated by Gramans Bathware LLC ("Gramans," "we," "us," or "our"), a Florida limited liability company located at 3780 SW Canoe Creek Terrace, Palm City, FL 34990.

By using this site or placing an order, you agree to these Terms. If you don't agree, please don't use the site.

Our Shipping & Freight Delivery, Refund & Return Policy, Limited Warranty, and Privacy Policy pages form part of these Terms. Where a specific policy addresses a subject in more detail, that policy governs.

1. Who Can Order

You must be at least 18 years old and able to form a binding contract. We ship only to addresses in the 48 contiguous United States, and we sell for personal, residential use — not for resale, and not for commercial, rental, hospitality, or multi-unit installation.

2. When Your Order Becomes a Contract

This matters, so it's near the top. Placing an order is an offer to buy. Our order confirmation email acknowledges that we received it — it is not acceptance.

A contract forms only when we dispatch the product to you. Until then we may decline or cancel any order, in whole or in part, for any lawful reason, including a pricing or description error, unavailable stock, a delivery address we can't serve, or a suspected fraudulent or reseller order. If we cancel after you've paid, we refund you in full and promptly.

3. Pricing and Errors

Prices are in US dollars and exclude sales tax, which is calculated at checkout based on your delivery address.

Despite our care, listings occasionally contain errors in price, specification, availability, or image. Where an error is obvious and a reasonable person would recognise it as a mistake, we are not obliged to supply at the incorrect price. We'll contact you, and you may confirm at the corrected price or cancel for a full refund.

We may change prices at any time. Changes don't affect orders already dispatched.

4. Payment

Payment is taken at checkout through our payment provider. By ordering you confirm you're authorised to use the payment method. We don't store full card details.

If a payment is reversed, charged back, or fails after dispatch, you remain responsible for the amount owed and we may suspend further orders.

5. Product Information

We publish more specification detail than most retailers, including interior dimensions and drain rough-in, and we work hard to get it right. Even so:

Dimensions are subject to normal manufacturing tolerance
Colour and finish shown on screen vary with your display and won't match the product exactly
We may change specifications or discontinue models without notice, though never after your order has been accepted

If a published figure is critical to your installation, confirm it with us in writing before you order. We're glad to check.

6. Delivery, Title, and Risk

Delivery terms are set out on our Shipping & Freight Delivery page and form part of these Terms. Delivery is curbside by freight carrier.

Delivery estimates are estimates. If we can't dispatch within the timeframe stated at checkout, we'll notify you with a revised date and offer you the option to cancel for a prompt full refund.

Title and risk of loss pass to you on delivery to your address, not on dispatch. If your tub is damaged in transit, we handle the carrier claim and replace it at no cost to you, provided you follow the inspection and reporting steps on the Shipping page — including noting damage on the delivery receipt and reporting within 48 hours.

You are responsible for ensuring the delivery address is accurate and accessible, and for being present to sign. Carrier storage, redelivery, and reconsignment charges arising from inaccurate addresses or missed appointments are passed through to you at cost.

7. Returns and Cancellations

Governed by our Refund & Return Policy, which forms part of these Terms. In summary: 30 days from delivery, on an unused and uninstalled tub in its original packaging, with an RMA issued by us, subject to a restocking fee and the cost of return freight. Damaged and defective products are handled at no cost to you.

8. Warranty and Disclaimer

Our Limited Warranty sets out what we cover and for how long, and forms part of these Terms.

Except as expressly stated in the Limited Warranty, and to the fullest extent permitted by law, products are supplied "as is" and we disclaim all other warranties, express or implied. Any implied warranty that cannot be disclaimed is limited in duration to the period stated in the Limited Warranty.

Some states do not allow the exclusion of implied warranties or limitations on their duration, so parts of this section may not apply to you.

9. Installation

We do not install, and we are not responsible for installation. Freestanding tubs require drain rough-in through the floor, correct levelling, and adequate structural support. We recommend a licensed plumber and, where floor loading is in question, a qualified contractor or structural engineer.

You are responsible for confirming that your floor, plumbing, and access can accommodate the product, and for compliance with local building and plumbing codes. Damage caused by improper installation is not covered by the Limited Warranty.

10. Your Content

If you submit a review, photograph, comment, or other material, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display it in connection with our business, including in marketing.

You confirm the material is yours to submit and isn't unlawful, defamatory, or infringing. We may remove any submission at our discretion, and we don't undertake to publish anything.

11. Our Content

All content on this site — text, specifications, photography, graphics, and the Gramans name and marks — belongs to us or our licensors and is protected by intellectual property law. You may not copy, reproduce, scrape, or use it commercially without our written permission. You may of course use it personally in connection with your purchase.

12. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your purchase or use of any product or this site. This includes, without limitation, water damage; damage to floors, ceilings, walls, cabinetry, or personal property; mould or remediation costs; loss of use; the cost of substitute facilities; labour or trade charges; and lost time, income, or profit.

Our total aggregate liability arising from any product will not exceed the purchase price you actually paid for that product.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

Some states do not allow certain exclusions or limitations, so parts of this section may not apply to you.

12A. Residents of Certain States

Some states restrict or prohibit the limitations set out in Sections 8 and 12. Nothing in these Terms limits or waives any right you have that cannot be limited or waived under the law of your state of residence, and where a limitation above conflicts with that law, the limitation does not apply to you.

In particular:

If you reside in a state that prohibits limiting or disclaiming implied warranties on consumer goods — including but not limited to Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, and West Virginia — the implied warranty limitation in Section 8 does not apply to you, and implied warranties apply for the period your state provides.
California residents: your rights under the Song-Beverly Consumer Warranty Act apply in full and are not limited by these Terms.
Louisiana residents: your rights in redhibition under the Louisiana Civil Code apply in full and are not limited by these Terms.
Nothing in Section 12 limits our liability for death or personal injury caused by our negligence, in any state.

This section prevails over Sections 8 and 12 wherever they conflict.

13. Indemnity

You agree to indemnify us against claims and costs arising from your breach of these Terms, your misuse of a product, or your failure to have a product installed properly.

14. Events Outside Our Control

We aren't liable for delay or failure caused by events beyond our reasonable control, including carrier disruption, port congestion, customs or regulatory action, severe weather, natural disaster, labour action, or supply failure. Where such an event materially delays your order, we'll tell you and you may cancel for a full refund.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.

Option A — Courts. Any dispute will be brought exclusively in the state or federal courts located in Martin County, Florida, and you consent to that venue and jurisdiction.

Option B — Arbitration. Any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Martin County, Florida. You and we each waive any right to a jury trial and to participate in a class or representative action. Either party may instead bring an individual claim in small claims court if it qualifies. You may opt out of this arbitration agreement by emailing us within 30 days of your first order.

16. General

Changes. We may update these Terms. The version in force when you place your order governs that order. Material changes take effect when posted with an updated date.

Electronic communications. You consent to receive notices from us electronically, at the email address on your order.

Severability. If any provision is unenforceable, the rest remains in force.

No waiver. Not enforcing a provision doesn't waive it.

Assignment. You may not assign these Terms. We may, on notice, in connection with a sale or reorganisation of our business.

Entire agreement. These Terms and the policies referenced in them are the entire agreement between us regarding your purchase.