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Terms & Conditions

Notice:
Welcome to the MEMORIALS.COM™ Web site. By using the Memorials.com Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Memorials.com Web site.

References RCH International, LLC. to  herein refer to Memorials.com or their affiliates, subsidiaries and designees as deemed appropriate by RCH International, LLC.

RCH International, LLC. reserves the right to make changes to the Memorials.com Web site and its Conditions of Use and Legal Notices at any time. Each time you use the Memorials.com Web site, you should visit and review the current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Memorials.com Web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Memorials.com Web site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.


COPYRIGHT © RCH International, LLC. 2005. ALL RIGHTS RESERVED.    Back
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by RCH International, LLC. unless otherwise indicated. All intellectual property including graphics, text, and any other creations on this web site are the sole property of RCH International, LLC.; protected by the United States of America and international copyright laws. Any and all reproduction, modification, duplication, distribution, republication, copying, or any other exploitation, from the content of RCH International, LLC. and any of its web sites including but not limited to Memorials.com without written permission, is strictly prohibited and will be prosecuted.

Order Acceptance - Confirmation:   Back
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. RCH International, LLC. doing business as Memorials.com and the Memorials.com web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Note: All check orders will be held for 10 business days for the check to clear (expedited orders will be send after 10 business days with selected expedited delivery).

Errors on Our Site:    Back
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Memorials.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Memorials.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Natural Materials and Display Colors:    Back
Some products are made from natural stone or wood including but not limited to grave memorials made from granite, natural stone urns, wood urns, wood flag cases, and other products containing or incorporating the use of natural wood or stone material.  The purchaser acknowledges that stone and wood are natural materials with variations in color and other characteristics and agrees to accept such natural variations. The Memorials.com Web site 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, in part, upon the monitor you are using.

Third Party and Typographical Errors:    Back
In the event that the Memorials.com and the Memorials.com web site 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. Memorials.com reserves the rights to refuse or cancel any order whether or not the order had been confirmed and your credit card had been billed. If your credit card has been billed, Memorials.com will immediately issue a credit to your credit card account for the amount of the incorrect price. For check or money order payments a check will be issued and sent out immediately after notification from customer.

Returns:    Back

  • Non Customized Items:
    The Customer has ten (10) days from the delivery date to notify us of the return of the item/s by e-mail. 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 (there are no exception). Expedited fees will not be reimbursed (example: Overnight or 2nd Day Delivery). The Product must be in resalable condition and new - meaning not have been used. We will not accept returns on any cremation products that have been filled with ashes or used caskets (the item needs to be in the new). 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 plaques). To initiate a return click here: support@memorials.com (you will receive a response within 24 hours during regular business days, if you do not call us).
     
  • Customized Items:
    Including but not limited to personalized grave memorials, ceramic pictures, urns, memorial rocks, cremation jewelry and any other personalized item we may carry, 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. Customer has ten (10) days from the delivery date to report a defective or incorrect product; and a free replacement will be shipped at no additional cost to the customer.
    To initiate click here: support@memorials.com (you will receive a response within 24 hours, if you do not call us).
     
  • Damaged Items:
    If you receive a damaged item you must notify us within 24 hours; 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@memorials.com or calling at 1.800.511.5199. We have the right to replace damaged items.
  • Overnight and 2nd Day Delivery Charge Refund:
    If the item was shipped and has a delay on the overnight or 2nd day delivery Memorials.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: If it is a act of Nature and there was a snow storm or hurricane and the delivery company cannot deliver on time, they will not issue a refund. If the delay was the fault of the delivery company they usually will)

Lowest Price Guarantee: Back

  • Price Guarantee & Price Match:
    This has been created so you can shop with 100% Confidence and the knowledge you will not be overcharged. If you see a lower advertised price anywhere on another website or from a local funeral home we would ask you to bring it to our attention and we will gladly match their price before purchased (proof needs to be provided and our service department needs to be able to verify the price). Price Match has to be the same product and the same conditions need to apply in regards to shipping or additonal fees (the price from any one else will be calculated by if they add taxes, shipping or any other amount to the product price - the total amount needs to match our total amount). Price Match excludes Clearance, Sales and Weekly Specials.
     
    • Price match can be denied for any reason at any time.
    • Price match applies only to products in stock.
    • Price matches must be for identical products.
    • Price guarantee factors in any shipping and taxes charged from other retailers.
  • 5% Discount Program:
    If you find a place which has our item (identical product) for less ($) offered please e-mail us a link to the page of the other website to support@memorials.com and we will verify the link and offer you the product at the same price with an additional 5% off if product is in stock (only applies before the order is placed).

Discounts: Back
Only one (1) discount or coupon code can be used; in case two (2) codes are used the order may be refused and refunded.

Free Items: Back
Items which are considered Free or are addtions to a product come with the purchase of the product. In case the product is returned the Free item (customized or not) will be charged at regular price.

Trademarks:    Back
Memorials.com, Prestigememorials.com, Prestige Memorials are all registered trademarks of RCH International, LLC., in the United States and other countries. Any and all content of Memorials.com web site are trademarks of RCH International, LLC., 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 web site. Any copying of any content from the web sites of the above named trademarks is prohibited and will be prosecuted.

Jurisdiction and Venue:    Back
You agree that any legal action brought against RCH International, LLC. and any of its subsidiaries will be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any and all litigation arising from your use or orders made from Memorials.com web site will be an appropriate federal or state court located in Nueces County, Texas.

Pricing and Payment Methods:    Back
Prices include the merchandise with any specified options and shipping within the continental United States unless otherwise stated. The price does not include cemetery setting fees or charges, funeral home charges, 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. 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.
Money orders, cashiers checks or any other type of check will be accepted by us. Orders will be processed upon receipt of money orders or cashiers checks. Any other type of check 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. We will charge a $25 fee on all returned checks.

Links:    Back
THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF RCH INTERNATIONAL, LLC.). RCH INTERNATIONAL, LLC. HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, RCH INTERNATIONAL, LLC. DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE. RCH INTERNATIONAL, LLC. 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 RCH INTERNATIONAL, LLC. AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE RCH INTERNATIONAL, LLC. SITE.

LIMITATION OF LIABILITY:    Back
IN NO EVENT WILL RCH INTERNATIONAL, LLC. 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 RCH INTERNATIONAL,LLC., OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Disclaimer:    Back
You agree when using this web site which belongs to RCH International, LLC. also known as Memorials.com that: The Memorials.com web site and the materials therein are provided “as is”. RCH International, LLC. makes no representations or warranties either express or implied, of any kind with respect to the Memorials.com web site, or the information, content, materials, or any products included on this web site. To the full extent permissible by the applicable law, RCH International, LLC. disclaims all warranties, express or implied, of any kind with respect to the web site or their use, including but not limited to implied warranties of merchantability and fitness for a particular purpose. RCH International, LLC. has no liabilities or warranties of any kind express or implied, as to the operation of the web site or its information, content, materials, or products included on this web site. RCH International, LLC. cannot accept any liability for any affiliates or third parties providing any or all services through this web site. RCH International, LLC. its directors, officers, employees or other representatives shall not be liable for any damages arising from this operation, content or use of the Memorials.com web site. Limitation of liability is comprehensive and applies to all damages of any kind, RCH International, LLC. 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 Memorials.com web site and disclaimers, terms and conditions at any time.
Limitation of Liability and Disclaimer as to the Product Sold
All of the Memorials.com products are guaranteed to be delivered free from defects. Except as expressly stated herein, RCH International, LLC. will make no representations or warranties, express or implied, of any kind with respect to products sold on the Memorials.com web site. Except as expressly stated herein, RCH International, LLC. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this web site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the maximum liability to RCH International, LLC. arising from any product sold on the Memorials.com web site will be the price of the product ordered. RCH International, LLC., its directors, officers, employees or other representatives shall not be liable for any damages special, indirect, consequential, or punitive related to product sold.

Additional Terms:    Back
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Any materials provided by Memorials.com are subject to all terms and conditions stated on the web site under terms and conditions.

TRANSPORTATION AND HANDLING OF ASHES:    Back
At no do any employees of RCH International, LLC handle any of the cremation ashes which you might ship in conjunction with any of the services or products advertised on this web site.  Therefore, you agree that RCH INTERNATIONAL, LLC WILL NOT BE LIABLE TO YOU FOR DAMAGES, AND YOU HEREBY RELEASE RCH INTERNATIONAL, LLC FROM ANY LIABILITY FOR DAMAGES, ARISING UNDER ANY THEORY OF LEGAL LIABILITY, TO THE FULLEST EXTENT THAT YOU MAY LEGALLY AGREE TO RELEASE RCH INTERNATIONAL, LLC FROM LIABILITY FOR ANY DAMAGES OR CLAIMS RELATING TO LOSS OR MISHANDLING OF, OR DAMAGE TO ANY CREMATION ASHES, provided however, that you do not release RCH INTERNATIONAL, LLC from any liability arising solely from the willful misconduct or gross negligence of RCH INTERNATIONAL, LLC.

Severability:    Back
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:    Back
Memorials.com has the right to post only comments, reviews and testimonials which are approved by our Auditing Department. Memorials.com has the right, in its unilateral discretion, to decline to post any testimonial or product review, and to modify testimonials and product reviews for content, length, spelling, grammar, and punctuation.


MEMORIALS.com:  Your Premier Online Source for all your Funeral and Memorial needs. We live up to our name and reputation our staff is standing by to assist you, all products with No Sales Tax & Free Delivery.

 


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