Home > About Us > Terms & Conditions
Terms & Conditions
READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the Everlife Memorials website located at http://www.everlifememorials.com (the "Web Site" or "Site"). The Web Site is the property of Everlife Memorials, a division of Classic Memorials, Inc. a Texas corporation. Before you make any purchases, you must first agree to these terms and conditions. BY CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" CHECK BOX ON THE CHECKOUT PAGE YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.
General
This Web Site, including all of its features and content (the "Web Site") is owned and made available by Everlife Memorials, a division of Classic Memorials Inc., a Texas corporation. By using the Web Site to purchase the products sold from it, you accept these terms and conditions, which shall be interpreted according to the law as practiced in the State of Texas.
Order Accepting Policy
Your receipt of an order confirmation in any form does not necessarily constitute finality of the sale. Classic Memorials, Inc. retains the right at any time after receipt of your order to accept or decline it for any reason. We may require additional information and/or verification before accepting the order.
Pricing
Our pricing includes only the products and services ordered at the time of the sale. It does not cover any future work such as engravings or death date scrolls. The prices advertised on our website are current. However, due to the unpredictable price fluctuation with gold our gold cremation and memorial jewelry products we reserve the right to adjust these prices after the sale.
Natural Materials
If purchasing a product 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 any other product containing or incorporating the use of natural wood or stone material, purchaser acknowledges that stone and wood are natural materials with variations in color and other characteristics and agrees to accept such natural variations.
Headstone & Grave Markers
Cemetery Installation Fees
Including but not limited to bronze, and granite memorials, laser engraved memorials and personalized granite benches, the purchase price of the memorial does not include cemetery installation fees. It is the responsibility of the purchaser to pay the cemetery installation fees associated with this memorial purchase.
Layout Approval
Before any work is inscribed or cast on the memorial, the purchaser will be given the opportunity to review a proof of the memorial layout to check for accuracy. It is imperative that purchaser makes a final inspection of the drawing for correct spellings, dates, and design elements. Purchaser must sign the approval and return to our office before production commences and subsequent delivery.
Sizing & Dimensions
Unless otherwise agreed to in writing, purchaser agrees that all dimensions are approximate and purchaser understands and consents that a variance in sizing is normal within the stone industry.
Items Included in Sale
Purchase includes only the items detailed on the order. Our prices do not include final date inscriptions or final date bronze scrolls to be added at a later date, cemetery fees, installation charges, landscaping, perpetual care, rush charges, delivery charges outside our trade area, nor extra cost options unless otherwise stated in writing on the order form.
Returns & Cancellations
WE MUST BE NOTIFIED WITHIN 48 HOURS OF DELIVERY FOR A DAMAGED ITEM
NOTE: Unless otherwise stated on this website, product returns will be handled in the following manner.
In order to ensure the best possible return service, customer must contact us prior to any returns to obtain proper return instructions. Compliance with this measure will prevent unnecessary delays and/or additional shipping charges. Any item that has been refused at the time of delivery will be considered a return.
Non-Personalized Urns & Cremation Jewelry
This applies to most urns and cremation pendants that are not personalized. Customer has three (3) business days from the delivery date to contact us to initiate a return. Expedited fees will not be reimbursed unless the delivery was not fulfilled properly. The customer pays return shipping charges and package must be insured for full amount of purchase. If the return is damaged during transit back to warehouse and not insured up to full amount, customer will be responsible for difference. Not all urns carry the full refund guarantee and those whose sale is final or a restocking fee is applied during a return will be duly noted on the product information page. In order to honor the full refund guarantee the following conditions must be met:
- Item is returned within the allotted time frame
- Product must be in resalable condition
- Item cannot have been filled with ashes
- Urn or pendant was not personalized by engraving or special appliqués
To initiate a return contact us.
All Other Non-Personalized Products
Including but not limited to non-personalized statues, flag cases (excluding personalized nameplates) and other non-personalized items in resalable condition. Customer has ten (10) business days from the delivery date to return the non-customized item(s) for a refund less a 15% restocking fee unless otherwise stated below in 'Restocking Fees for Other Products'. Any expedite delivery charges and personalized accessories such as nameplates will not be refunded. Product must be in resalable condition. Customer pays return shipping charges and package must be insured for full amount of purchase. If return is damaged during transit back to warehouse and not insured up to full amount, customer will be responsible for difference.
Restocking Fees for Other Products:
Pet caskets - 25% restocking fee.
AKC Dog Urn - 25% restocking fee.
Peacelight Memorial Lights & accessories - 20% restocking fee.
Aluminum Cemetery Vases Starting with code USMC - 25% restocking fee
Bronze Cemetery Vases - 20% restocking fee
To initiate a return contact us.
Personalized Products
Including but not limited to personalized: bronze and granite headstones and grave markers, ceramic pictures, memorial lights, urns, engraved nameplates, engraved easels, cremation jewelry and any other such personalized items we may carry which cannot be resold once personalized. Customer has 3 business days to cancel order for a full refund provided no work which permanently alters the product has been started. Once the order has been processed and a layout proof has been sent to the customer and customer wishes to cancel order a service fee of 15% will be incurred. If work has already started in which alterations to the stock item have been made, there will be no returns or cancellations allowed.
If item has been damaged or made incorrectly, Classic Memorials, Inc. reserves the right to replace the defective/incorrect product with one that meets with the original order. You will be required to provide photographed details of the defective/incorrect product for internal review prior to any action being taken. Customer has ten (10) business days from the delivery date to report defective/incorrect products.
Note: If the product was personalized and it was received in damaged condition we reserve the right to replace the item as it was originally ordered.
Other Non-returnable Products
Cast bronze vases, bronze scrolls, bronze emblems and any other bronze item which is made to order cannot be returned for a refund. Customer must make certain that if ordering any one of these items that it is the correct one before completing the order.
Security Guarantee
Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. In the event that a fraudulent charge is made to your account through our Web Site and you are held liable we will cover the whole liability up to $50.00. Classic Memorials, Inc. will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at Classic Memorials, Inc. while using our Web Site. In the case of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules, regulations and procedures.
Copyright
The entire content included in this Web Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Classic Memorials, Inc.. The collective work includes works that are licensed to Classic Memorials, Inc. Copyright 2003, Classic Memorials, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Web Site for the sole purpose of placing an order with Classic Memorials, Inc. or purchasing Classic Memorials, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Web Site solely for your own non-commercial use, or to place an order with Classic Memorials, Inc. or to purchase Classic Memorials, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Web Site is strictly prohibited, unless authorized by Classic Memorials, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the Web Site.
Trademarks
EVERLIFE MEMORIALS and MAKING A DIFFICULT PURCHASE A LITTLE EASIER are registered trademarks or service marks of Classic Memorials, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Classic Memorials, Inc. All other trademarks or service marks are property of their respective owners. The use of any Classic Memorials, Inc. trademark or service mark without Classic Memorials, Inc.'s express written consent is strictly prohibited.
Third Party and Typographical Mistakes
In the event that the Web Site lists a price or product description incorrect 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. Classic Memorials, Inc. 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 had been billed, Classic Memorials, Inc. will immediately issue a credit to your credit card account in the amount of the incorrect price. By check or money order payment a check will be issued and will be sent out immediately. If the order has already been shipped and the customer wishes to return it due to any misinformation there will be a 15% restocking fee as mentioned under Returns.
Jurisdiction and Venue
You agree that any legal action brought against Classic Memorials, Inc. 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 Classic Memorials, Inc. Web Site will be an appropriate federal or state court located in Nueces County in Texas.
Payment Methods
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. Please be sure to provide correct information when asked for. Incorrect information may lead to delays in processing your order.
Money orders, cashiers checks or any other type of check will be accepted by Classic Memorials, Inc. Orders will be processed upon receipt of money orders or cashiers checks. For personal checks please allow 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.
Sales Taxes
Sales tax will be added automatically to your order for sales that originate in the state of Texas. Each customer will be solely responsible for all sales taxes, or other taxes on orders shipped in states other than Texas where applicable.
Shipping
Pricing includes regular ground shipping or common carrier shipping ("Free Delivery") to any destination within the 48 contiguous states. For shipments that extend beyond our "Free Delivery" area or if special delivery requirements are necessary, additional charges may be incurred.
Disclaimer
This Web Site and the materials and products on this Web Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Classic Memorials, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Classic Memorials, Inc. does not represent or warrant that the functions contained in the Web Site will be uninterrupted or error-free, that the defects will be corrected, or that this Web Site or the server that makes the Web Site available are free of viruses or other harmful components. Classic Memorials, Inc. does not make any warrantees or representations regarding the use of the materials in this Web Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Classic Memorials, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Web Site or the performance of the products, even if Classic Memorials, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Web Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Classic Memorials, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Classic Memorials, Inc. may deliver notice to you by means of e-mail, a general notice on the Web Site, or by other reliable method to the address you have provided to Classic Memorials, Inc..
Miscellaneous
Your use of this Web Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site (including but not limited to the purchase of Classic Memorials, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Web Site (including but not limited to the purchase of Classic Memorials, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Classic Memorials, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Classic Memorials, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Web Site
Harassment in any manner or form on the Web Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Classic Memorials, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or use the Web Site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Classic Memorials, Inc. does not and cannot review all communications and materials posted to or created by users accessing the Web Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Web Site, Classic Memorials, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web Site. However, Classic Memorials, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Classic Memorials, Inc. in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, Classic Memorials, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Classic Memorials, Inc., Classic Memorials, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Classic Memorials, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Classic Memorials, Inc. seeks to protect the integrity of its Web Site and the links placed upon it and therefore requests any feedback on not only its own Web Site, but for sites it links to as well (including if a specific link does not work).
Severability
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.
Indemnification
You agree to indemnify, defend, and hold harmless Classic Memorials, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web Site using your Internet account |
