Funeral services terms and conditions
In these conditions:
“Our”/”We”/”Us” means Funeral Services Limited, registered in England and Wales with number 30808R at registered office 1 Angel Square, Manchester, M60 0AG. VAT registered 403 3146 04. Part of Co-operative Group Limited (registered number 525R).
“You”/”Your” means the individual or company requesting Our services.
“Order” means the written Order attached to these conditions.
These conditions and the written Order comprise all the terms of the contract between You and Us (“Contract”) and shall apply to the exclusion of any other terms and conditions, warranties and representations written or orally expressed or implied (save for those which by law cannot be excluded) unless accepted by Us in writing.
3.1 The price of the services shall be stated in the Order and unless otherwise agreed in writing by Us shall be inclusive of Value Added Tax. All invoices issued by Us will be payable in full without set-off or deduction within twenty one (21) days of the date of the invoice.
3.2 In the event that any payment due from You to Us is not made on the due date, We shall be entitled to receive interest on the late payment from the date the payment fell due until the date of actual payment (both before and after judgment) at an annual rate of interest equivalent to 1.5% above the base lending rate from time to time of The Co-operative Bank p.l.c. (registered number 990937) to be calculated on a daily basis.
4.1 Before We begin to provide the goods and/or services set out in the Order You have the right to cancel this Contract within 14 days of the date of the Order without giving any reason. The right to cancel can be exercised by contacting us, including by sending a cancellation notice to Us by email to firstname.lastname@example.org or by contacting us at the branch in which You placed the Order or at Customer Services, 12th Floor, Funeral Services Limited, 1 Angel Square, Manchester M60 0AG. You may use the Model Cancellation Form set out in this Contract but it is not obligatory.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. If You do this, You will not have to pay any charge for cancellation and any payments You have made during this time will be refunded to you in full.
- If You have requested the provision of goods and/or services to commence during the cancellation period and the goods and/or services have been made or provided to Your specifications or clearly personalised, the right to cancel does not apply and You shall be required to pay for such goods and/or services. This will not affect Your legal rights as a consumer in relation to bespoke or personalised goods that are faulty or not as described.
- If You requested the provision of goods and/or services to begin during the cancellation period and these have not been made to Your specifications or clearly personalised, You shall pay us an amount which is in proportion to what has been performed in comparison with the full contracted service up until the point at which You communicated to us Your cancellation of this Contract.
Where you are due a reimbursement, We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about Your decision to cancel this Contract. We will reimburse You using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
4.2 We may cancel this Contract at any time with immediate effect by giving you written notice if:
- 4.2.1 You do not pay Us when you are supposed to; or
- 4.2.2 You break this Contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to do so in writing.
5.1 Without prejudice to any terms implied by law for the benefit of You, We hereby undertake to You:
- 5.1.1 that the quality, quantity and description of the goods and services shall, subject as provided in these conditions, be as expressly specified in the Order and/or in any applicable specification supplied by You to Us and/or agreed in writing and signed by the parties.
- 5.1.2 We shall comply with all applicable regulations or other legal requirements concerning the manufacture and delivery of the goods and the performance of the services.
Prior to fulfilment of the Order, We shall comply with any variation, direction and/or requirement issued and signed by You to Us relating to all or any part of the Order. Such a variation, direction and/or requirement shall not invalidate the Contract and any amount due arising from such compliance shall be agreed between You and Us and in default shall be a reasonable sum incurred. Where the quality of goods or services is reduced, the price shall be reduced proportionally.
7. Force Majeure
In the event of the Contract being rendered impossible to perform by reason of any cause beyond the control of either party, each party has the option to cancel or suspend the Contract or so much of it as is thereby rendered impossible to perform provided always that if each party selects a different option then Your option shall prevail.
8.1 The Order is personal to You and You shall not assign or transfer or put aside to any person any of Your rights or obligations or sub-contract any of Your obligations under the Contract without Our prior written consent.
8.2 You hereby acknowledge and confirm that You have authority to enter into the Contract with Us for the provision of Our services. You confirm that You are personally responsible for the payment of all invoices concerning the services rendered. In the event a dispute occurs, You hereby agree to indemnify Us in full against all liability, loss, damages, costs and expense (including legal expense), awarded against or incurred or paid by Us as a result of or in connection with Your confirmation that You have authority to enter into the Contract.
8.3 If You are dissatisfied with any aspect of Our service please contact either the funeral home or Client Relations Team
Tel: 0800 083 6301
Or write to:
Client Relations Team, Funeral Services Limited, 3rd Floor, 1 Angel Square, Manchester, M60 0AG
This should be carried out within 21 days of Us providing the service, otherwise You are deemed to have accepted the service as complying with these terms and conditions. If We are unable to resolve Your complaint to Your satisfaction You can contact:
National Association of Funeral Directors (NAFD), 618 Warwick Road, Solihull, West Midlands, B91 1AA
Tel: 0121 711 1343
8.4 In considering Your funeral arrangements We may search Your record at a credit reference agency. They will add to Your record details of Our search and Your application. This will be seen by other organisations that make searches. We will add to Your record with the credit reference agency details of Your Order with Us, the payments You make under it and any default or failure to keep to its terms. These records will beshared with other organisations and used by Us and them to:
a) Help make decisions about credit and credit related services such as insurance for You and members of Your household.
b) Trace debtors, recover debt, prevent money laundering and fraud and to manage Your account. For these purposes We or they may make further searches, although these searches will be added to Your record, they will not be shared with others.
You have a legal right to details of those credit reference and fraud prevention agencies from whom We obtain and to whom We pass Information about You. You have a right to receive a copy of the Information We hold about You if You apply to Us in writing. A fee will be payable.
8.5 For every memorial requiring removal from a cemetery as part of the funeral arrangements, it is our policy to charge a removal and refix fee at the time of the funeral arrangement. The removal fee covers the cost of removing the memorial prior to the funeral. The refix fee covers the cost of returning the memorial to its original location and to the agreed standards approved by the National Association of Memorial Masons.
The refix fee does not cover any refurbishment (including lettering) to the memorial. We will contact you after the memorial has been removed in order to explain the cost to provide an additional inscription.
If, after 12 months following the memorial’s removal, you have not indicated to us that you wish to proceed with an Order, we will refix the memorial in its original location on your behalf.
If the memorial cannot be refixed for whatever reason, including due to the quality of the memorial, after this 12 month period then the refix fee will be used to dispose of the memorial on your behalf.
If at any point during the 12 months you decide you wish to use the services of another monumental mason, the refix fee is non-refundable but will cover the transportation of the memorial to your chosen mason within a 10 mile radius of the funeral branch where you arranged the funeral.
If the requirement to transport the stone is greater than 10 miles, we will explain the costs associated to transport the memorial and if after 12 months following the initial removal you have not agreed to pay the relevant transportation charges, the refix fee will cover the refixing of the memorial to its original location on your behalf.
8.6 We reserve the right to dispose of any unclaimed jewellery or personal effects that remain uncollected by You for a period of 3 months following the date of the funeral.
If the items remain uncollected for a period of 3 months following the date of the funeral, We will write to You (twice) advising You of Our intention to dispose of the items should they remain uncollected by You for 28 days following the date of the first letter to You.
Unclaimed jewellery is sold to a reputable gold smith and funds donated to a charity of our choice.
9. Third Parties
Nothing in these conditions confer any benefit on any third parties under the Contract (Rights of Third Parties) Act 1999.
10. Governing Law
English law shall apply to this contract. We agree with You that in the event of any dispute arising between You and Us the courts of England and Wales will have non-exclusive jurisdiction over any such dispute.
11. Are you a Co-op Member?
Our members benefit from exclusive member prices when they arrange a funeral or buy a funeral plan from us.
You must be a member prior to arranging a funeral or buying a plan and you’ll need to provide your Membership card number at the time of purchase. Exclusions and restrictions apply.
Co-op Member Services, The Co-op, c/o Swiss Post Solutions Ltd, Unit 550, Metroplex Business Park, Manchester, M50 2UE.
12. How my information will be used
We take your privacy seriously. We will only use your personal information in the following ways:
12.1 Where it’s needed to carry out the funeral services you have requested:
a) We may need to pass your information to third parties as part of the funeral arrangement. These can include crematoria, florists, transport providers, clergy or official bodies such as the police or coroners. This may include sensitive information, such as to arrange wheelchair access or to cater for dietary requirements.
b) We may need to transfer your personal data outside of the European Union in order to provide you with the services and products you require, such as repatriating the deceased to or from another country. Some of these countries may not have laws that protect privacy rights as extensively as in the European Union.
If we do this, we will take proper steps to ensure that your information is properly protected.
12.2 Where it’s necessary for legitimate business reasons:
a) We may share your information with agencies and other companies both inside and outside the Co-op Group for quality control, statistical, fraud prevention and debt collection purposes.
b) We may also use and share your information within the Co-op Group to develop and improve our services, by analysing your information. This will help us improve our future products, services and marketing.
c) If we change our company structure, then we may transfer your personal information to another company.
d) We may contact you to ask you to participate in customer satisfaction surveys and market research (by email or phone) and to undertake and analyse those surveys and research.
e) Our service includes free practical support to notify organisations about your loss, suppress junk mail and close social media accounts and to provide guidance on estate administration, inquests and other legal issues you may face following bereavement. To provide this service we are supported by Co-op Legal Services.
If you don’t want this to happen, please let us know. We won’t use your information for marketing, or pass it to third parties outside of the Co-op Group for their marketing purposes.