Terms of Use and Privacy Policy

Last Updated: 01/09/06

The use of this site is governed by the policies, terms, privacy policies and conditions set forth below.

Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. The Congregation of Marian's reserves the right to make changes to this site and to these terms and conditions without notice at any time.

Copyright and Trademark Notice

The term "The Congregation of Marian's" and "web site" is used interchangeably to refer to this site selling merchandise through The Divine Mercy Gift Shop. This site is owned and operated by The Congregation of Marians of the Immaculate Conception, and is operated in conjunction with others. Unless otherwise specified, all materials appearing on this site, including copy, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of The Congregation of Marians, Copyright ©2003-2006, ALL RIGHTS RESERVED. Portions of this site were developed in conjunction with other entities with which we have written agreements and permission. Our assertion of copyright is not and does not intend to infringe on their existing or pending rights or the rights of the designers, manufacturers, or others who legally own these rights. No materials or graphic images from this site may be copied, reproduced, modified, republished, uploaded, downloaded, posted, transmitted, or distributed in any form or by any means without The Congregation of Marian's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties by the owner including relief sought by the manufacturers and owners of previously registered marks on this site. Copyrights, trademarks, and other rights referred to and used in this site are reserved worldwide without limitation.

Disclaimer and Limitation of Liability as to Products Sold

All of The Congregation of Marian's products are guaranteed against defects for 30 days from the date of the postmark or shipping date. Except as expressly stated herein, The Congregation of Marian's makes no representations or warranties, either express or implied, of any kind with respect to products sold on The Congregation of Marian's web site. EXCEPT AS EXPRESSLY STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE CONGREGATION OF MARIANS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE CONGREGATION OF MARIANS ARISING FROM ANY PRODUCT SOLD ON THE CONGREGATION OF Marian's SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED PLUS APPLICABLE SHIPPING CHARGES AND TAXES. IN NO EVENT SHALL THE CONGREGATION OF Marian's, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT(S) SOLD.

Disclaimer and Limitation of Liability as to The Congregation of Marian's Web Site

The Congregation of Marian's web sites and the materials therein are provided "as is." The Congregation of Marian's makes no representations or warranties, either express or implied, of any kind with respect to The Congregation of Marian's sites, their operations, contents, information, materials or year 2000 compliance. TO THE EXTENT PERMITTD BY APPLICABLE LAW, THE CONGREGATION OF Marian's EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE CONGREGATION OF Marian's, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE CONGREGATION OF Marian's SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Congregation of Marian's shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Congregation of Marian's shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Congregation of Marian's shall immediately issue a credit to your credit card account for that charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that The Congregation of Marian's is not responsible for the operation of or content located on or through any such site.

Order Acceptance Policy

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. The Congregation of Marian's reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Congregation of Marian's reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. A refund to your credit card will be issued or the unfilled items may be placed on backorder for future delivery. Please note for your safety and protection: once your credit card has been processed and accepted by the appropriate banking institution and/or credit card issuer, your credit card number and expiration date is not retained by us. All orders placed over $200.00 (USD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verification(s) or information before accepting any order. The Congregation of Marian's is a reseller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by The Congregation of Marian's.

Sales Taxes

The Congregation of Marian's shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the Commonwealth of Massachusetts, U.S.A., as required by law. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. We will provide information to any lawful authorities for such legal purposes as deemed necessary by a competent court of law and by the issuance of a subpoena.

Jurisdiction and Venue

All information appearing on this Congregation of Marians web site and any disputes arising there from shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. You hereby assent to the personal and subject matter jurisdiction of the courts (federal and state) within the Commonwealth of Massachusetts to resolve any disputes related in any way to this web site, and that any cause of action you may have with respect to the web site or activities related thereto is to be filed in a federal or state court located in Hampden or Berkshire County Massachusetts.

Privacy Policy

Personal information provided to us, via United States postal system, telephone, courier service, and electronic mail or by other means, in the normal course of business in order to provide you with your order shall remain completely confidential. For the last 60 years we have never sold, rented, leased, or provided to others any of the names of those who have provided such information to us. Our policy today remains identical as it did 60 years ago. We ask specific information in order to service your account. If you are under the age of 21, please have an adult (22 years of age or older) place orders for you and receive the goods. We cannot knowingly ship or transact any business with minors. Your use of this site indicates that you are at least 22 years of age with a valid credit card in your name. Your user id and password cannot be recovered and transmitted to you. Please do not lose your user id and password, if you do, you will have to create a new account. We take your personal information seriously and guard it appropriately. We will provide information to any lawful authorities for such legal purposes as deemed necessary by a competent court of law and by the issuance of a subpoena.

Graphic Images

We have made every reasonable attempt to ensure that the color you see is indicative of the actual color of the product, through effective use of the software and hardware available at the time. Due to color variances of monitors, software, hardware, other variables, and the fluctuating conditions of the Internet, Internet Service Providers, and others beyond our control, the actual color you see on your monitor may vary from the actual color of the goods for sale. The browser you use may also change the foreground colors, background colors or other styles and formatting of the site from its original intended format depending on your settings. Manufacturing variance(s) in color(s), dye(s), fabric(s), or other variance(s) may vary beyond manufacturer(s) or our control.

Orders outside The United States of America

For all orders for goods sold outside of the 48 contiguous states of The United States of America, please contact us via e-mail for additional information before ordering.

Return Policy

If the materials you receive are not what you ordered, we will gladly accept them for a return on your credit card within 30 days of invoice. Opened video, DVDs and audio tapes may not be returned, unless defective or damaged. Postage and handling will be refunded if we have made a mistake on your order only. If you receive something broken, please call and we will take care of this matter promptly. Our toll free number is 888-484-1112. Open daily 9am to 5pm, (closed during Masses and certain holy dys of obligation. Chaplet of The Divine Mercy, 3:00 - 3:15pm daily and during Sunday Masses, 10:30am and 2:00pm). Please be sure you have your order number ready. Thank you for choosing to shop www.divinemercygiftshop.org.