Terms of Service

OVERVIEW

This website is operated by Perfect Cremation. Throughout the site, the terms "we", "us" and "our" refer to Perfect Cremation. Perfect Cremation offers this website, including all information tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions ("terms of service","terms"), including those additional terms and conditions and policies referenced herein or available by hyperlink. These terms of service apply to all users of the site including without limitation, users who are browsers, vendors, customers, merchants or contributors of content. Please read these terms of service carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service. Any new features or tools which are added to the current store shall also be subject to the terms of service. You can review the most current version of the terms of service at anytime on this page. We reserve the right to update comment change or replace any part of these terms of service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.

1 Estimates and Expenses

At the time you first instruct us to provide the services (which may be when you phone us) we will confirm the services we will provide and our charges based on the information and details that you provide at the time.

The details of the services and charges will also be provided when you make a booking on the website.

While we make every effort to ensure the accuracy of the estimate the charges are liable to alteration, particularly where third parties change their rates or if we incur additional fees because you fail to meet your obligations in the contract. We may not always know the amount of third party charges in advance of the cremation, however we will give you a best estimate of such charges. The actual amount of the charges will be detailed and shown in the final account. We may issue you with a further invoice for those additional fees (which we will recharge to you at cost). The third parties who we incur such fees to may include hospitals, who may charge for their storage of the deceased, and any funeral director who you may initially engage. If you amend your instructions we will require your written confirmation of the changes.

We may need to make an extra charge in accordance with prices published on our current price list. If we have to store the deceased for more than 14 days following the date you first instruct us (other than because of a delay caused by us) we can charge you £25 each additional day of storage of the deceased. If we have to store the ashes of the deceased for more than three months from the date of cremation we may charge £30 per month of storage. We will add VAT charges, where applicable and at the rate only applicable when we prepare the invoice.
The date of the cremation may alter if you fail to return the completed documents to us within the agreed time frame (and at least five days prior to the cremation taking place). This includes providing us with the certificate for burial or cremation (green form).

2 Payment Arrangements

The funeral account is due for payment within seven days of the invoice unless otherwise agreed by us in writing. If you fail to pay us in full on the due date we may charge you interest at a rate of 4% above our banks base rate from time to time in force. This will be calculated (on a daily basis) from the date of our account until payment and compounded on the first day of each month including before and after any judgement (unless a court orders otherwise). We may recover (under clause 3) the cost of taking legal action to make you pay.

3 Indemnity

You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis). Following any breach by you of any of your obligations under these terms. This means that you are liable to us for losses we incur because you do not comply with these terms. For example, we will charge you an administration fee where we receive a cheque from you which is subsequently not honoured or if we write to remind you that an account is overdue. If we instruct debt collection agents we may also recover from you the fees we incur. Further details regarding these fees are available on request. We may claim those losses from you at anytime and, if we have to take legal action, we will ask the court to make you pay our legal costs.

4 Data Protection (GDPR)

If you provide us with personal data (as defined in applicable data protection legislation) or we receive personal data under the contract with you, we will process such personal data in accordance with our privacy policy which can be found here (add a hyperlink)
Words shown in italics are defined in the Data Protection Act 2018 ("the act"). We respect the confidential nature of the information given to us and where you provide us with personal data ("data"), we will ensure that the data will be held securely, in confidence and processed for the purpose of carrying out our services. In order to provide our services we may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly. You have the right to know what data we hold on you and you can, by applying to us in writing receive copies of the data. By using our services you are agreeing to our privacy policy, and to us sharing your data with appropriate third parties. A copy of this policy is available upon request.

5 Cooling-Off Period

The consumer contracts (information, cancellation and additional charges) regulations 2013 may give you the right to terminate this agreement in the cooling off period of 14 days. If you wish the performance of the agreement to which this right applies to commence before the end of the cooling off period, you must sign the authority in the form which will be sent to you. In the event you exercise the right cancel this contract during the cooling off period, you will be required to pay a reasonable amount for the goods and services already supplied, However if the services have been fully performed the contract cannot be cancelled, even if the cancellation period is still running. If you cancel the contract, we will reimburse to you all payments received from you, but you will have to pay for the work that we have already done up to the point when you inform us of your decision to cancel. We will make the reimbursement without undue delay, and not later than 21 days after the day on which we are informed about your decisions cancel the contract.

6 Termination

This agreement may also be terminated before the services are delivered: (1) by us if you fail to honour your obligations under these terms and (2) by you communicating to us in writing, terminating your instructions.
If we or you terminate your instructions you may, depending upon the reasons for termination, be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.

7 Standards of Service

If you have any questions or concerns about the service we provide to you, please raise them in the first instance with your relationship manager.
We strive to provide a high quality service in all aspects. All dates and times provided in the contract are just estimates and cannot be guaranteed. Although we endeavour to provide a prompt and efficient service for you, there may be instances where, because of circumstances beyond our control, or because you have not fulfilled your obligations set out in the contract, we are unable to fulfil obligations to you on the date or time specified in the contract. Where this is the case, we will attempt to contact you in advance, using the details you have provided and advise you of alternative arrangements. In particular, although we will endeavour to cremate the deceased on the estimated date referred to in the contract, we may carry out the cremation on a date and at a time and place that we decide.

8 Agreement

Your continuing instructions will amount to your continuing acceptance of these terms of business. The contract is between you and us. No other person should have any rights to enforce any of its terms. Your instructions will not create any right enforceable by virtue of the contracts (rights of third parties act 1999) by any person not identified as our client. If any of these terms are unenforceable as drafted:-

• It will not affect the enforceability of any other of these terms
• If it would be enforceable if amended, it will be treated as so amended

Nothing in these terms restricts or limits our liability for death or personal injury. This agreement is subject to English law. If you decide to commence legal action, you may do so, in any appropriate UK court.

9 Clients Entitlement to make Funeral Arrangements

We enter into arrangements with clients in good faith, on the basis that they are entitled to make the relevant funeral arrangements. In circumstances where our clients entitlement is called into question by a third party, we will allow the third party reasonable time to seek legal advice on their position. What is reasonable will depend on the circumstances, but will be unlikely to exceed one week. If it becomes clear at anytime that our client did not have or wilfully misled us in relation to their entitlement to arrange the funeral, we reserve the right to terminate our contractual relationship with them.

10 Disputes in relation to ashes in our care

Where a dispute over entitlement to collect cremated remains arises between our client and a third party, we will release the deceased persons cremated remains to our client, unless we become aware of facts that call into question whether our client was entitled to make the funeral arrangements. In circumstances where our clients entitlement is called into question, we will allow the third party reasonable time to seek legal advice on their position before releasing the ashes to our client. What is reasonable will depend on the circumstances but will be unlikely to exceed 4 weeks. If at anytime it becomes clear that our clients did not have, or wilfully misled as in relation to their entitlement to arrange the funeral, we reserve the right to release the ashes to the cremation applicant or other person whom we deem appropriate.

11 Online Store Terms

By agreeing to these terms of service, you represent that you are at least the age of 18 in your area of residence, or you are the age of 18 in your area of residence and you have given as your consent to allow any of your minor dependants to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your services.

12 General Conditions

We reserve the right to refuse service to anyone for any reason at anytime. You understand that your content (not including credit card information), may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

13 Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

14 Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of 18 in your area of residence, or that you are the age of 18 in your area of residence and you have given us your consent to allow any of your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

15 General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

16 Modifications To The Service And Prices

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

17 Products or Services 

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

18 Accuracy of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.

19 Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

20 Third-Party Links

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

21 User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

22 Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

23 Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or national regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

24 Changes To Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25 Contact Information

Questions about the Terms of Service should be sent to us at info@perfect-cremation.co.uk 

Our contact information is posted below:
Perfect Cremation
info@perfect-cremation.co.uk