Funeral Service Terms and Conditions
1. These Terms
1.1. What these terms cover. These terms govern the funeral services and care we provide to you, as detailed in your Funeral Estimate Form (the Funeral Services), as well as any goods we supply to you as part of the Funeral Services.
1.2. Why you should read these terms carefully. These terms tell you who we are, how we will provide Funeral Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Remembrance Group Ltd and our address is Unit 4 Valley Parade, Hattersley Road West, Hyde, SK14 3FL.
2.2. Our funeral homes. We own and operate Remembrance Community Funeral Services. We are an independent business with no connections to any other funeral business or group of funeral businesses.
2.3. How to contact us. You can contact us by calling into our branch, telephoning our Remembrance service team on 0161 637 0304 or by emailing us at firstname.lastname@example.org
2.4. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us. It is your responsibility to ensure that the details you provide to us are accurate and up to date at all times.
2.5. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. A contract will come into existence between you and us at the point when we accept your completed instructions and our Funeral Estimate Form is signed by you the client, which provides details of the Funeral Services you have ordered.
3.2 We will where possible detail in writing all aspects of any order and further detail any subsequent changes to your order. You accept that we may incur costs in providing services to you before the contract commences and you further agree that if you subsequently decide not to proceed we may charge you our reasonable costs for those services.
4. About the Funeral Services
4.1. What the Funeral Services will include. Details of what is covered can be found in the Funeral Estimate Form we provide to you when we have accepted your instructions. Any services that are not detailed in the Funeral Estimate Form, or have not otherwise been agreed with us in writing, will not be included in the Funeral Services. Please note that in all cases the following do not form part of the Funeral Services and will incur an additional charge if required:
4.1.1. removal of any medical devices such as pacemakers or artificial limbs upon your request or where necessary for us to carry out the Funeral Services;
4.1.2. any fees that we are asked to pay by coroners or doctors on behalf of you or the deceased;
4.1.3. any additional products or services provided by third parties not previously agreed with us in writing, for example crematoria or cemetery services that you or the deceased have agreed directly with a third party.
4.2. We will not be held responsible for any failure to perform or delay in the delivery of any goods or services in the event of any strike, trade disputes, accident, fire, flood, weather conditions etc, or any natural disaster or “Act of God”, that prevents goods or services order by you, some of which may lead to the funeral service being delayed. Such a delay due to these circumstances shall not constitute a breach of contract between us, nor will you be entitled to claim for any loss or damage as a result of a Delay.
4.3. If you want to make changes to the Funeral Services. After we accept your instructions you are free to make changes to the Services up to the date of the funeral, provided we are able to accommodate your request and agree in writing. Please be advised that in some cases changes to the Funeral Services may result in additional costs which will be added to the final funeral account. In any case we will tell you if you request a change to the Funeral Services that will result in additional costs to you.
4.4. We may make changes to the Funeral Services to enable us to comply with rules and legislation. Where necessary to enable us to comply with our obligations we may make minor changes to the Funeral Services, provided that the changes do not in any way disadvantage you. We will not make any significant changes to the Funeral Services without obtaining your prior consent.
4.5 We reserve the right to determine whether or not we can safely bear the weight of a coffin or whether we need to use a device such as a wheel bier to assist. Where possible we will advise you in advance of the funeral should we need to use a wheeled trolley device to bear the coffin for safety reasons, but there may be circumstances where we are unable to inform you of this in advance.
4.6 If the deceased is to be cremated we will agree with you which crematoria will perform this service. On rare occasion, it may be necessary for us to change the location at which the deceased is cremated, for example, due to temporary closure of a particular crematorium. In this event, we will inform you in advance of the change.
5. Products and services provided by external suppliers
5.1. Our duty to ensure products and services are delivered by third parties. Some aspects of the Funeral Services will be delivered by our external suppliers. The Company is only responsible for those parts of the funeral arrangement that it performs itself. The Company, as a matter of course, makes all other necessary arrangements with third parties on behalf of its clients (such as with Ministers, Cemeteries, Crematoria, Organists, etc.)
5.2. The images of the goods in our brochures are for illustrative purposes only. Although we have made every effort to display the items accurately, we cannot guarantee that a picture in our brochure accurately reflects the colour of the goods. We are unable to guarantee that such material will match the exact colour or appearance of the image in our brochure as natural variations in tone and texture, including natural blemishes, may occur. Your goods may vary slightly from those images.
6. Your obligations to us
6.1. What you have to provide to us. Before we can carry out the Funeral Services, you must provide us with the relevant documents which are necessary and enable us to organise the funeral.
6.2. You must have the right to allow the funeral services to be carried out in respect of the deceased.
7. Care of the deceased
7.1. How we will treat the deceased. You permit us to exercise our own professional discretion to treat and prepare the body of the deceased so that it is ready for the funeral. In treating the body we will take into account any instructions you give us, but please note the following:
7.1.1. we may refuse instructions we consider unreasonable, or that could pose a health and safety risk or result in serious deterioration of the body;
7.1.2. we reserve the right to dispose of any soiled items of clothing that may pose a risk to our staff members.
7.1.3. although we will endeavour to preserve the body as best we can, we are not responsible for any normal physical deterioration in the body of the deceased whilst in our care.
7.2. Viewing the deceased. We are unable to accommodate any viewings of the deceased before the body has been prepared for the funeral. Once all preparation of the deceased has been completed we will endeavour to accommodate visitations wherever possible, but please note that viewings can only take place at times when we are able to facilitate them. We also reserve the right to decline visitations if we reasonably determine that the condition of the body could pose a health and safety risk.
7.3. The deceased’s wishes. We do not have any knowledge of the deceased’s wishes regarding the funeral. We are not responsible for any additional costs incurred if any aspects of the Funeral Services need to be adapted or cancelled if it becomes apparent that the Funeral Services you have ordered conflict with the wishes of the deceased or the deceased’s personal representatives.
7.4. Cremated Remains. If you choose for the cremated remains to be safely held at our premises, they can be collected or transferred by appointment to you at any time should you wish within 6 months of the funeral taking place. Please contact us with at least 24-hour notice should you like this to happen. After 6 months and without further notification we reserve the right to return cremated remains to the crematorium for a dignified scattering.
7.5 Clothes and personal affects. When a person is brought into our care with clothing, or personal effects, we will hold the items for a maximum of a month only. Should you require these at any point during the month please inform your funeral director. When a cremation or burial has been chosen and the deceased is presented in their own clothes, should you have provided items that are against cremation or burial regulations, these will be removed and given back to the client as close to the funeral date as possible.
8. Cancelling within 14 days – your cooling-off rights (when arrangements are made in clients home)
8.1. You can end the contract immediately in the first 14 days. If you change your mind after we receive your instructions then you have the right to cancel the contract without charge within your cooling-off period. The cooling-off period lasts for 14 days from the date that we received your instructions. If you wish to exercise this right, just contact us by phone, email or post and let us know that you want to cancel the funeral and, as long as the cooling-off period has not expired, we will refund any payments you have made to us. Please note however this right will not apply if you have instructed us to carry out the services during your cooling-off period.
8.2. We may charge you for any Funeral Services carried out during your cooling-off period. In most cases we may need to carry out Funeral Services during the 14 day cooling-off period to enable the funeral to go ahead on the date you have chosen. If we do this upon your request then you will still generally have a right to cancel within 14 days, but we can charge you for any Funeral Services carried out up to the date you cancelled. Please note that once all the Funeral Services have been carried out in full, you will lose the right to cancel.
9. The right to arrange the funeral
The Company has no means of establishing who has the legal right to arrange a particular funeral and it will therefore contract with any person that appears to have the authority to arrange the funeral by being the next of kin, being an executor of the estate, acting on the instructions of at least one of those individuals or, in the absence of any such individual, acting in their own capacity to facilitate the funeral.
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1. you do not make a payment to us when it is due.
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Funeral Services; or
10.1.3. in our reasonable opinion, you have acted inappropriately, engaged in criminal activity or shown an unacceptable level of discourtesy or harassment to any other member or to a member of our staff or representative.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the Funeral Services
11.1. How to tell us about problems. If you have any questions or complaints about the Funeral Services, please contact us immediately. You can contact us by telephoning on 0161 637 0304 , by writing to us at Unit 4 Valley Parade, Hattersley Road West, Hyde, SK14 3FL, or emailing us at email@example.com. A copy of our Complaints Policy is available upon request.
12. Price and payment
12.1. We can only estimate the total price when you place your order. Please note that as the Funeral Services will be provided by a number of different third parties we are unable to guarantee what the total price will be when you instruct us. The total price may also change if you make additions or changes to your specifications before the date of the funeral. Our total estimated charges are set out in your Funeral Estimate Form. Where we have offered a fixed fee funeral package, this price will be confirmed when you place your order.
12.2. We may ask for an advance payment to cover third party costs. When you place your order we may request an advance payment to cover the amounts we must pay to our suppliers before the date of the funeral. If we do this, the amount payable will be detailed in your Funeral Estimate Form and we reserve the right not to carry out the Funeral Services until you have made this payment.
12.3. We will send you the final funeral account at least 48 hours before the funeral. This will contain a fully itemised bill of what needs to be paid, and when it needs to be paid by. We will always try to ensure that the final account is as close to our initial estimates as possible, but please note the final account figure may be higher than our estimate for reasons outside of our control, for example if one of our suppliers increases its charges or we are forced to use a different supplier.
12.4. How you can pay. We accept payment by credit/debit cards, online BACS, cheque or cash.
12.5. When you have to settle the final funeral account. The final funeral account must be settled 48 hours before the funeral service takes place unless agreed otherwise.
12.6. We may charge interest on late payments. If the final funeral account is not paid in full in accordance with the contract, we may charge interest to you on the overdue amount at the rate of 8% a year above the Santander Bank base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7. You must compensate us if we have to take legal action to collect payment. Please note that you must pay us all reasonable costs, fees, disbursements and charges (including legal fees) that we reasonably incur in recovering any unpaid invoices.
13. Our responsibility for loss or damage suffered by you
13.1. We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that under no circumstances will we be liable for any business or commercial loss suffered by you or anyone else.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; including the right to receive the Funeral Services as described and supplied with reasonable skill and care.
14. Personal data and confidentiality