Wholesale Terms & Conditions

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Welcome to Memoriam, LLC (www.thememoriam.com). By entering into a wholesale purchase agreement with Memoriam, LLC (“We”, “Us”, or “Company”), you agree to comply with and be bound by the following Terms and Conditions, including our Urn Warranty. Please review these carefully before entering into any commercial transaction with us. If you do not agree to these terms, please do not proceed with any wholesale order or use our services.

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1. General Terms

1.1 Eligibility

You must be at least 18 years old to make a purchase on the Website. By purchasing, you confirm that you meet this requirement.

1.2 Changes to Terms and Conditions

Memoriam, LLC. reserves the right to modify these Terms and Conditions at any time, with or without notice. Changes will be posted on the Website, and your continued use of the Website or purchase of products following any changes signifies your acceptance of these changes.

1.3 Product Descriptions

Memoriam, LLC. strives to ensure that all product descriptions and prices are accurate. However, errors may occur, and we reserve the right to correct any such errors, including pricing discrepancies, without prior notice. We also reserve the right to cancel or refuse orders placed with incorrect pricing or product information.

1.4 Customer Acknowledgements

You shall not use our Website for any illegal or unauthorized purposes. You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, without express written permission by us. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, payment information, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

2. Purchasing and Payment

2.1 Pricing

All prices are listed in USD and are subject to change without notice. Applicable taxes, shipping, and handling charges will be added at checkout.

2.2 Payment Methods

We accept Credit/Debit Card, PayPal, Apple Pay. Payments must be made in full before the product is shipped.

2.3 Order Acceptance

Upon placing an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order but is merely acknowledgment of receipt. Memoriam, LLC. reserves the right to accept or reject orders at any time.

3. Shipping and Delivery

3.1 Shipping

Products are shipped to the USA. For all container wholesale orders, the standard lead time for order fulfillment is 90 to 120 days from the date of order acceptance, unless otherwise agreed in writing. Delivery times may vary depending on location and shipping method. Memoriam, LLC. is not responsible for delays caused by third-party carriers or for delays resulting from force majeure events or circumstances beyond our reasonable control.

3.2 Risk of Loss

The risk of loss and title for purchased items pass to you upon our delivery to the carrier.

4. Returns and Refunds

4.1 Return Policy

If you are not satisfied with your purchase, you may return the item within 30 (thirty) days of receipt. Items must be returned in their original condition and packaging. To initiate a return, contact us at b2b@thememoriam.com.

1. Eligibility: Returns are only accepted for products that are defective, damaged in transit, or do not conform to the specifications agreed upon in the purchase agreement. All return requests must be submitted in writing within 10 business days of receipt of goods.

2. Return Authorization: Prior written authorization from Memoriam, LLC is required before returning any products. Unauthorized returns will not be accepted. To request authorization, please contact your Memoriam, LLC representative with your order details and reason for return.

3. Condition of Returned Goods: Returned products must be in their original packaging and condition unless the return is due to damage or defect. Products that have been altered, used, or are not in resalable condition (except for those returned due to defect or damage) will not be accepted for return.

4. Restocking Fees: A restocking fee of up to 20% may apply to returns not related to product defects or errors on the part of Memoriam, LLC. Restocking fees and eligibility will be determined on a case-by-case basis.

5. Lead Time and Credits: Upon receiving and inspecting the returned goods, credits or replacements will be processed within 30 business days. Please note that the original lead time for order fulfillment (90–120 days) will apply to any replacement orders unless otherwise agreed in writing.

6. Non-Returnable Items: Custom or special-order products, or products designated as non-returnable at the time of order, may not be returned unless they are defective or do not conform to agreed specifications.

7. Shipping Costs: Return shipping costs are the responsibility of the purchaser unless the return is due to product defect, damage, or an error on the part of Memoriam, LLC. In such cases, Memoriam, LLC will arrange for or reimburse return shipping.

8. Limitation of Liability: Memoriam, LLC is not responsible for goods damaged or lost in return transit. It is recommended that the purchaser use a trackable shipping service and purchase shipping insurance for returns.

This policy is subject to the terms and conditions outlined in the wholesale agreement and may be amended by Memoriam, LLC at its discretion.

4.2 Refunds

Refunds will be processed within 7 (seven) days after we receive the returned item, and have approved its condition. Refunds will be issued to the original method of payment. Shipping fees are non-refundable unless the return is due to a defective product or our error.

4.3 Non-Returnable Items

Customized or personalized items, are non-returnable unless they arrive damaged or defective.

5. Memoriam, LLC. Urn Warranty

Memoriam, LLC. is committed to providing high-quality products. The following warranty applies to urns purchased from our Website:

5.1 Warranty Coverage

Memoriam, LLC. warrants that each urn sold will be free from defects in materials and workmanship at the time of opening the package. This warranty applies only to defects evident immediately upon opening and does not extend beyond the initial inspection.

5.2 Exclusions

This warranty does not cover:

• Natural variations in materials, including but not limited to: onyx, marble, wood, and pink Himalayan salt. These natural characteristics are considered inherent features and not defects.

• Any damage or issues arising after the urn has been used, handled, or exposed to external factors beyond our control.

5.3 Claim Procedure

To file a warranty claim, please follow these steps:

• Inspect the urn immediately upon receiving the package.

• If a defect is detected, contact us within 7 days of discovery of the defect at customercare@thememoriam.com.

• Provide your order number, a detailed description of the defect, and any relevant photos or documentation.

• Our team will review your claim and, if the defect is covered under warranty, provide instructions for returning the defective urn for a replacement or refund.

5.4 Limitation of Liability

Memoriam, LLC.'s liability under this warranty is limited to the repair or replacement of the defective urn, or a refund of the purchase price. Memoriam, LLC. is not responsible for any incidental or consequential damages arising from the use or inability to use the urn.

5.5 Warranty Changes

Memoriam, LLC. reserves the right to amend or terminate this warranty at any time without prior notice. Any changes will not affect claims made prior to the amendment.

6. Intellectual Property

All content on the Website, including but not limited to images, text, logos, and graphics, is the property of Memoriam, LLC. and is protected by copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or use content from this Website without prior written consent from Memoriam, LLC.

7. Limitation of Liability

To the maximum extent permitted by law, Memoriam, LLC. shall not be liable for any damages, including but not limited to direct, indirect, incidental, punitive, and consequential damages, arising out of the use of or inability to use our products or Website.

8. Governing Law

This agreement shall be construed in accordance with the Laws of New York State. The parties agree that in the event you wish to enforce the terms of this Agreement, exclusive jurisdiction shall be fixed in the Supreme or District Court of Suffolk County, State of New York.

9. Force Majeure

In the event of a war, strike, riot, terrorist attack, epidemic, pandemic, plague, or any such "Act of God" including but not limited to hurricane, flood, earthquake, fire, virus, influenza, etc., which prevents us from fulfilling our obligations under the agreement, we may suspend our obligations under this agreement for the duration of the force majeure.

10. Privacy Policy

10.1 Collection of Information

This Privacy Policy describes how we collect, use, and disclose your Personal Information when you visit or make a purchase from our Website. By using our Website, you consent to our collection of certain information about your device, your interaction with the Website, your location, and information necessary to process your purchases. We may also collect additional information, including but not limited to, name, email address, phone number, mailing address, Social Security number, financial information, business information, company name, and tax identification number. All such information is referred to as "Personal Information" (“PI”). If you do not wish us to collect or process your PI, you should not use the Website. We have legitimate interests to use your PI to improve and customize our Website, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving the Website for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Website is being used, improve efficiency, and identify usage patterns.

10.2 Usage of Information

We shall store all your PI in a private database. We will use all commercially reasonable and customary efforts to maintain the confidentiality, security, and privacy of your PI.  We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. We will not sell, rent, or lease your personally identifiable information to any parties. In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We reserve the right to disclose any necessary information to any necessary parties, if required to do so in order to comply with any Federal, State, or local legal process, subpoena, regulation or governmental request, in order to protect our rights.

10.3 Cookies

We may use technically necessary and non-technically necessary cookies to optimize your experience on our Website and to provide our services. You can control and manage cookies in various ways. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser's "Tools" or "Preferences" menu. We can provide you with a list of cookies, upon your request. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Website may no longer be fully accessible.

10.4 Region-Specific Regulations

If you are located in a jurisdiction that is subject to the General Data Protection Regulation (“GDPR”), your use of our Website is a consent for us to lawfully collect and use your PI. You agree that the use of our Website permits us to collect your PI, and that these legitimate interests override your fundamental rights and freedoms. You have the right to access the PI that we collect, to port it to a new service, and to ask that your PI be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

If you are a resident of California, you have the right to access the PI that we collect, to port it to a new service, and to ask that your PI be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

10.5 Opt Out

We reserve the right to use your PI to provide marketing communications and/or targeted marketing to you. You may opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: https://optout.aboutads.info/.

10.6 Third Party Links

We are not responsible for, nor do we endorse any of the information contained in any links, advertisements, or other such “pointers” to other Internet sites maintained by third parties, nor for the content contained therein.

11. Construction Of This Agreement

This agreement constitutes the entire understanding between the undersigned parties, and supersedes any and all previous agreements, whether written or oral. The captions in this Agreement are for convenience only and are not to be considered in construing this Agreement. Whenever the text requires, the use of a singular number shall include the appropriate plural number as the text of the agreement may require, and vice versa. All pronouns shall be deemed to be the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require. References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates and other types of entities.  If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement.  A facsimile or electronic copy of this Agreement shall be deemed an original for all purposes. You consent to receive communications from us in an electronic and you may opt out.