Pure Cremation Direct Cremation Terms & Conditions
Please read these terms and conditions carefully before you sign the order form enclosed. These Terms tell you who we are, how we will provide goods and/or 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.
These are the terms and conditions (“Terms”) on which Pure Cremation Limited (“we”, “us”, or “our”) supply direct cremation services (collection, storage and cremation of the deceased) and any goods related to our services, such as urns. We are registered in England and Wales under company number 09703301 and our registered office is at Amelia House, Crescent Road, Worthing, West Sussex, BN11 1QR.
Our contract with you
- If you request our services, either by telephone or via our Website, we will send you written confirmation of your order (our Order Form). Please check the Order Form and contact us if you believe we have made any errors or you require any changes.
- Our Order Form is an offer to you for the provision of our services in accordance with these Terms. If you are happy with the details of our Order Form and wish to accept our offer please sign the Order Form and return it to us by email or post to the applicable address above. By submitting your signed Order Form you accept our offer to provide our services to you at which point a contract will come into existence between you and us.
- 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.
- If we are unable to accept part or all of your order, we will inform you of this in writing and will not charge you for the goods or services. This might be for example because of unexpected limits on our resources which we could not reasonably plan for.
Your right to make changes
- If you wish to make a change to the goods or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods and/or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 4.4).
Our rights to make changes
- We may make minor changes to the goods or services to reflect changes in relevant laws and regulatory requirements.
- If we have to make any other changes to these Terms or the goods or services, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods or services paid for but not received.
Your right to cancel
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods or services bought over the telephone, by exchange of emails or away from our premises, you have a legal right to change your mind within the relevant cancellation period and receive a refund.
- Cancelling an order for services. For services you have ordered from us you have the right to change your mind and cancel within 14 days after the day on which we accept your Order. By submitting the cremation form you expressly request that we commence the services within the 14 day cancellation period provided by the Consumer Contracts Regulations 2013. You acknowledge that if the services are fully performed within the 14 days cancellation period, you will lose the right to change your mind and cancel the services under the Consumer Contracts Regulations 2013. If you cancel after we have started the services but before the services are completed then you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Cancelling an order for goods. For goods you have bought from us you have the right to change your mind and cancel within 14 days after the day you (or someone you nominate) receives the goods. You do not have the right to cancel if you change your mind in respect of an urn into which the ashes of the deceased have been deposited. This is because we would be unable to re-use the urn for another client if you cancelled and therefore unfortunately we cannot accept cancellations of such goods. Should you wish to inspect the type of urn you have chosen before the date of cremation of the deceased, please arrange this with us.
- To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email). Our contact details are at the top of these Terms or you may use the model cancellation form in the Schedule to these Terms but you do not have to.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 4.5.1 to 4.5.4 below the contract will end immediately and we will refund you in full for any goods and/or services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the goods or services or these Terms which you do not agree to (see clause 3.2);
- we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods or services may be significantly delayed because of events outside our control; and
- you have a legal right to end the contract because of something we have done wrong.
Our right to end this contract
- We may end the contract for goods or services at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
- we find out that your belongings have been taken away from you to pay off your debts, you have been declared bankrupt or a receiving order has been made against you.
- It is your responsibility to register the death of the deceased in the district where the death has occurred. We are legally prohibited from registering the death for you. You are responsible for providing us with a copy of the certificate for burial or cremation (known as the green form) and any release form provided to you by the Registrar or Coroner.
- We make reasonable and proper efforts to care for the deceased's body from the time of collection until the time of delivery of the body to the crematorium.
- Unless arising from a negligent action or breach of the contract by us, we shall not be liable for:
- loss of any jewellery, clothing or personal effects of the deceased or such items left with the deceased but belonging to any other person. We strongly recommend that no valuable items are left on or with the deceased; and
- any damage to the body of the deceased which is sustained before the deceased in under our full control.
- Cremation will take place at one of our network of crematoria, unless we have agreed that the cremation will take place at a particular crematorium and this has been detailed in your Order or confirmed by us in writing.
- On occasion it may be necessary for us to change the location at which the deceased is cremated, for example due to unforeseen temporary closure of a particular crematorium.
- If you have requested hand delivery of the ashes in your Order we will collect the ashes of the deceased following cremation and arrange delivery on a date we agree with you. There will be an additional charge for hand delivery on a specific time and date as set out here. We will store the ashes without charge for 28 days from the date of cremation. If you have not collected the ashes during this time we will write to you using recorded delivery to advise you that the ashes require collection. We shall write to you three times in total. If we do not receive a response from you within 6 months of our final letter we will write to you to advise that will we be scattering the deceased’s ashes, notifying you of the time and location for the scattering.
Our goods and services
- We will provide the goods and/or services to you set out in your Order.
- The goods we provide to you will:
- correspond to the description and any specification you agree with us (see clause 13 below); and
- be of satisfactory quality and fit for any purpose which we inform you of or that you make known to us.
- We will deliver the services to you with reasonable care and skill.
Providing the services
- We may need certain information from you so that we can supply the services to you, for example, your address and access to the property. If so, this will have been explained to you and we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Price and payment
- The price of the goods and/or services will be the price as told to you at the time you place an order with us. We use our best efforts to ensure that the price of the goods or services advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the goods or services you Order.
- You agree that you are responsible for paying us the full price of the goods and/or services when such payment falls due, before, and irrespective of the receipt of any sums due from any third party, including but not limited to any Government contribution.
- It is always possible that, despite our best efforts, some of the goods or services we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price of the goods and/or services at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the correct price of the goods and/or services at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- You must pay for the goods and/or services within 5 days of us providing you with a valid invoice and in any case prior to the cremation taking place or the delivery of goods.
- If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base rate of the Bank of England 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.
- If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- We may also charge you for any reasonable costs and expenses incurred by us as a result of your failure to pay amounts as they fall due.
Our responsibility for loss or damage suffered by you
- Our liability for any loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill is limited to the total contract price due by you to us. 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 order process.
- We shall not be liable for any loss or damage to your property or that of any other person unless caused by our negligent action or breach of the contract by us.
- Nothing in these Terms shall operate so as to exclude, limit or restrict our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any other liability the exclusion or limitation of which is not permitted by English law.
- We will not be liable or responsible for any failure to perform or delay in the delivery of any goods or services in the event of any strike, lock out, trade dispute, accident, fire, flood, inclement weather, or any natural disaster or act of God or any contingency whatsoever beyond our reasonable control (a “Delaying Event”) affecting the delivery of the goods or services ordered by you. Such suspension or cancellation shall not constitute a breach of contract between us, nor will you be entitled to claim for any loss or damage howsoever arising as a result of a Delaying Event.
Goods and services specification
- The images of the goods, such as urns, in our brochures or images provided to you are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a picture in our brochure accurately reflects the colour of the goods. For example where goods are made of natural occurring material and/or quarried stone, 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.
- If we are making the goods to measurements and/or providing the services to the specification that you have given us you are responsible for ensuring that these measurements and/or specification are correct.
How we may use your personal information
- We will use the personal information you provide to us:
- to supply the goods and/or services to you;
- to process your payment for the goods and/or services; and
- if you agreed to this during the order process, to give you information about similar goods and/or services that we provide, but you may stop receiving this at any time by contacting us.
- We take all complaints seriously. If we receive a complaint from you it will be reviewed by our customer care team who will respond to you within 28 days. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed to a senior person in our business who will review your complaint and the initial response and provide a further response within 28 days of your request to escalate the matter.
- Online Dispute Resolution service (internet orders only). If we are unable to resolve your complaint you may wish to submit a complaint via the Online Dispute Resolution service (see http://ec.europa.eu/odr). This is an independent portal provided by the European Union.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- Where the order is placed by two or more people, each of you will be jointly and severally liable for compliance with the obligations under these Terms (this means that we are entitled to enforce our rights against one, some or all of you as we consider appropriate in the circumstances).
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods and/or services, we can still require you to make the payment at a later date.
- These Terms constitute the entire understanding between us in relation to a contract, so please tell us if anything we have said is not included.
- These Terms are governed by English law and you can bring legal proceedings in respect of the goods and/or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods and/or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods and/or services in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate