Terms & Conditions
Terms and Conditions
Legal notice for users of MEMORIALS4U.COM:
By using the MEMORIALS4U.COM website you agree to abide by its legal notices, privacy policies, usage conditions, disclaimers, terms and conditions that appear anywhere on the MEMORIALS4U.COM website.
MEMORIALS4U.COM reserves the right to make changes to the MEMORIALS4U.COM website, legal notices, privacy policies, usage conditions, disclaimers, terms and conditions at any time. Each time you use the MEMORIALS4U.COM, you should review our current legal notices, privacy policies, usage conditions, disclaimers, terms and conditions that apply to your transactions. If you are dissatisfied with MEMORIALS4U.COM website, legal notices, privacy policies, usage conditions, disclaimers, terms and conditions you agree that it is your sole and exclusive remedy to discontinue using the MEMORIALS4U.COM website.
Fiddling with MEMORIALS4U.COM website, misusing user identity, using buying agents or conducting fraudulent activities on the site are prohibited.
Below are the details of Terms and Conditions:
COPYRIGHT © 2011- MEMORIALS4U.COM - ALL RIGHTS RESERVED
Copyright on the web pages, information and material therein and in their arrangement is owned by MEMORIALS4U.COM unless otherwise indicated. All intellectual property including data, products, art-work, texts, drawings, graphics, logos, icons, images, audio/ video material, photographs, web programs/technology and any other creations on our website are the sole property of MEMORIALS4U.COM protected by the United States of America and international copyright laws applying to intellectual property. Any form of alteration, modification, replication, , repetition, distribution, republication, copying or any other exploitation from the content of MEMORIALS4U.COM without our on paper permission, is strictly prohibited and will be prosecuted. The users of MEMORIALS4U.COM vow to respect the intellectual property rights held by MEMORIALS4U.COM without prejudice to the rights and exceptions provided for by any binding provisions.
Typographical Errors on Our Site:
Prices and availability of products and services are subject to change without notice and errors will be corrected as discovered. In the event that the MEMORIALS4U.COM website incorrectly lists a price or product description due to a typographical error or an error in the information received from a supplier, we reserve the right to refuse or cancel any order placed for products listed at an incorrect price prior to shipping. MEMORIALS4U.COM reserves the right to refuse or revoke any stated offer and to correct any errors, inaccuracies or omissions at any time including during or after a transaction; whether an order has been submitted and whether or not the order has been confirmed and your credit card is charged. If your credit card has been charged for the purchase and your order is cancelled, MEMORIALS4U.COM will immediately issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount will be credited to your account. For check or money order payments a check will be issued and sent out immediately after notification from customer.
Display Colors, Natural Materials & Hand-Crafting:
Some products offered on MEMORIALS4U.COM are made from metals, enamel, or wood including but not limited to metal urns, metal jewelry, wood urns and other products containing or incorporating the use of natural wood or metal material. The purchaser acknowledges that metal and wood are natural materials with variations in color and other characteristics and agrees to accept such natural variations. The MEMORIALS4U.COM website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends upon the monitor you are using and the camera used to take the pictures. Because many of the metal urns offered on MEMORIALS4U.COM are meticulously hand-crafted not every piece will be an exact replica of another. There could be small variations based on the artist who created it.
Confirmation & Acceptance of Orders:
The receipt of any electronic or other form of order confirmation does not guarantee our acceptance of your order, nor does it represent confirmation of our offer to sell. MEMORIALS4U.COM website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Note: Check orders will be held for 10 business days for the check to clear (expedited orders will be sent after 10 business days with selected delivery option).
Our Return Policy:
Customized / Un-Customized Products:
The Customer has ten (10) days from the delivery date to notify us of the return of the item/s by e-mail (support@memorials4u.com) or phone (888-386-1112). We will reply with return instructions within 24 hours during regular business days. Once the customer receives the return instructions the customer has ten (10) days to return the item/s (no exception). Expedited fees will not be reimbursed (example: Overnight or 2nd Day Delivery). The Product must be in resalable condition. We will not accept returns on any cremation products that have been filled with ashes. The Customer is responsible for the return shipping charges. If you are returning a product which is not personalized but has an add-on you will be charged for the add-on (example: name plate). In case of a customized product, (metal urn, jewelry, wood urn etc) if work has been started there will be no returns allowed. If work has not started on the item ordered customer may cancel the order without incurring any charges and a full refund will be given. Memorials.com reserves the right to replace the defective or incorrect products with one that meets the original order. You may be required to provide photographed details of the defective/incorrect product for internal review prior to any action being taken. If you are not satisfied with your purchase simply contact a customer care representative and we will assist you with the process.15% restocking fee will be applied.
Damaged Items:
If you receive a damaged item you must notify us within 24 hours of receiving the item; because we work with many different suppliers and a claim has to be filed with the shipping company (example: UPS, FedEx). The customer must notify us by sending an e-mail to support@memorials4u.com or calling us at 888-386-1112. We have the right to replace damaged items.
Expedited Delivery Charge Refund:
If the item was shipped and has a delay on the overnight or 2nd day delivery MEMORIALS4U.COM will default back to the shipping companies policy (UPS, FedEx or any other) and check with them if they will issue a refund.
If the delivery company issues a refund the refund will be extended to the customer, if the delivery company does not issue a refund no refund will be granted.
(Example: Due to a Natural calamity like bad snow storm, hurricane or earthquake, the delivery company could not deliver the product on time. In this situation they will not issue a refund. If the delay was the fault of the delivery company they usually will)
Trademarks:
Any or all content of MEMORIALS4U.COM website are trademarks of MEMORIALS4U.COM, those trademarks are not to be used in connection with other products or services in any way that could be confusing to the customer or have any similarity to this website. Copying of any content from the websites of the above named trademarks is prohibited and will be prosecuted.
Jurisdiction and Venue:
You agree that any legal action brought against MEMORIALS4U.COM and any of its subsidiaries will be governed by the laws of the State of Iowa without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any or all litigation arising from your use or orders made from MEMORIALS4U.COM will be an appropriate federal or state court located in Cedar Rapids, IA.
Pricing and Payment Methods:
Prices include the merchandise with any specified options and ground shipping within the continental United States unless otherwise stated. The price does not include sales taxes, rush charges, overnight or 2nd day delivery, and extra cost options, unless otherwise stated. All orders must be accompanied by payment at the time of the sale. Credit Card is the most common and preferred method for payment. We accept most major credit cards through PAYPAL and there is no additional charge for using a credit card. Please be sure to provide correct information when asked. Incorrect information may lead to delays in processing your order.
MEMORIALS4U.COM is qualified to offer PayPal as a payment option for our customers. Money orders, cashier’s checks or any other type of check will be accepted by us. Orders will be processed upon receipt of money orders or cashier’s checks. Any type of check or money order requires up to 10 working days after receipt of check for clearance of funds. Once the check has cleared the order will be processed promptly and delivered as per the delivery option elected by the customer. We will charge a $40 fee on all returned checks.
3rd Party / Outside Links:
MEMORIALS4U.COM may contain links to other websites controlled or offered by third parties (non-affiliates of us. MEMORIALS4U.COM hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to our website. By creating a link to a third party website, MEMORIALS4U.COM does not endorse or recommend any products or services offered or information contained on those websites. MEMORIALS4U.COM is not liable for any failure of products or services offered or advertised at those sites. Such third parties may have a privacy policy different from that of MEMORIALS4U.COM and the third party website may provide less security than the MEMORIALS4U.COM site.
Limitation of Liability:
In no event will MEMORIALS4U.COM be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MEMORIALS4U.COM or representatives thereof are advised of the possibility of such damages, losses or expenses.
Disclaimer:
While using MEMORIALS4U.COM you agree that the website and the materials therein are provided “as is”. MEMORIALS4U.COM makes no representations or warranties either express or implied, of any kind, or the information, content, materials, or any products included on this website. To the full extent permissible by the applicable law, MEMORIALS4U.COM disclaims all warranties, express or implied, of any kind with respect to the website or their use, including but not limited to implied warranties of merchantability and fitness for a particular purpose. MEMORIALS4U.COM has no liabilities or warranties of any kind express or implied, as to the operation of the website or its information, content, materials, or products included on this website. MEMORIALS4U.COM cannot accept any liability for any affiliates or third parties providing any or all services through this website. MEMORIALS4U.COM its directors, officers, employees or other representatives shall not be liable for any damages arising from this operation, content or use of the MEMORIALS4U.COM website. Limitation of liability is comprehensive and applies to all damages of any kind. MEMORIALS4U.COM will not be liable for any damages of any kind arising from the use of this site, incidental, punitive, compensatory, different, direct or indirect and consequential damages. We reserve the right to make changes to MEMORIALS4U.COM website and disclaimers, terms and conditions at any time.
Limitation of Liability and Disclaimer as to the Product Sold
MEMORIALS4U.COM products are guaranteed to be delivered free from defects. Except as expressly stated herein, MEMORIALS4U.COM will make no representations or warranties, express or implied, of any kind with respect to products sold on the MEMORIALS4U.COM website. Except as expressly stated herein, MEMORIALS4U.COM expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this website, including but not limited to, merchantability and fitness for a particular purpose. You agree that the maximum liability to MEMORIALS4U.COM arising from any product sold on the MEMORIALS4U.COM website will be the price of the product ordered. MEMORIALS4U.COM, its directors, officers, employees or other representatives shall not be liable for any damages special, indirect, consequential, or punitive related to product sold.
Severability Terms:
If any provision of these Terms and Conditions is determined to be unenforceable or invalid, the unenforceable or invalid part hereof shall be deemed severed from these Terms and Conditions, and the remaining portions of these Terms and Conditions shall be carried out with the same force and effect as if the severed portions had NOT been part of these Terms and Conditions.
Testimonials & Product Reviews:
MEMORIALS4U.COM has the right to post only comments, reviews and testimonials which are approved by our Auditing Department. MEMORIALS4U.COM has the right to audit any review to correct the spelling and punctuation.
International Delivery:
MEMORIALS4U.COM is not responsible for any customs or broker fees. In case you refuse your package for any other reason than that the package is damaged you will be responsible for all shipping cost (to you and back from you). It is the customer’s responsibility to check with your Countries Custom Border Department.
MEMORIALS4U is the home of exquisite products at an affordable price. Order once and you will see the difference in quality and customer service. Also, we provide Free Ground Delivery & No Sales Tax.
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