These are the terms and conditions on which we will provide the Simplicity Cremation services.
Please ensure that you read these terms and conditions before proceeding with the service. By making a payment you agree to be bound by the terms and conditions set out below.
1.1 When the following words are used in this Agreement, this is what they mean:
"Agreement" means this agreement between us for provision of the Services, incorporating the terms and conditions below;
"Cancellation Period" has the meaning given in the section "Right to Cancel";
"DWP Funeral Payment" means a registered payment offered by the Department of Work and Pensions intended to help pay for a funeral;
"Fees" means the fees set out in the section "Fees";
"Services" means the services set out in the section "Services";
"we" or "us" or "our" means Simplicity Cremations, a trading style of Dignity Funerals Limited, a company registered in England (registered number 41598), with registered address 4 King Edwards Court, King Edwards Square, Sutton Coldfield B73 6AP; and
"you/your" means the person who enters into this Agreement by making payment of the Fee.
2.1 By entering into this Agreement you confirm that you:
2.1.1 are over 18 years old;
2.1.2 are authorised to make the funeral arrangements;
2.1.3 will pay the Fees to us as set out in this Agreement.
2.2 By accepting these terms and conditions and subsequently completing the purchase process via our telephone payment service, you are making an offer to purchase funeral services from us on the terms set out in this Agreement. We are entitled at our absolute discretion to accept or decline this offer.
3. OUR TERMS
3.1 This Agreement sets out the conditions on which we will arrange and perform the Simplicity Cremations services you have chosen.
3.2 Please be aware that the Simplicity Cremations services set out in this Agreement do not provide for any funeral service and it will not be possible for you to attend the cremation of the person who has died. If you would like to attend the service, a Simplicity Cremation is not the right choice for you and we would be happy to offer alternative funeral arrangements to suit your needs.
3.3 Simplicity Cremations is available only where a person has died in mainland Great Britain, therefore is not available in Northern Ireland, Scottish Isles, Isle of Man or Channel Islands
3.4 Simplicity Cremations is not available where repatriation services are required to transport the person who has died from outside mainland Great Britain.
4.1 The total fee payable to us for the funeral shall be dependent on the package and add-ons you have chosen and inclusive of VAT (the "Fee")
4.2 In some circumstances you may also have to pay additional fees:
4.2.1 for collecting the deceased outside the hours of 9am to 5pm Monday to Friday or on UK Bank Holidays; and/or
4.2.2 the cost to remove of pacemakers or other medical implants prior to cremation where a charge is made.
5.1 The Services provided as part of the Simplicity Cremations are set out in full here.
5.2 Should you have any questions about the Services we provide, please do not hesitate to contact us using the details in the 'How to contact us' section below.
6.1 The Fee must be paid in full before we perform any Services. Payment shall be made by debit or credit card over the telephone during the initial instruction and arrangement call.
6.2 If you have made or intend to make an application for a DWP Funeral Payment or any other financial assistance or grant to help you pay for the funeral, it is important to remember that in all circumstances you will still be responsible to us for payment of all of the Fees.
7.1 To avoid the risk of loss or damage to the jewellery or valuables of the person who has died, we would advise that you remove such jewellery or valuables before collection. If you decide to leave any jewellery or valuables with the person who has died you will be doing so at your own risk.
7.2 You should not assume that we are aware of jewellery or other valuables on the person who has died. Even if we are aware of them we cannot accept responsibility for their safekeeping.
8. OUR LIABILITY TO YOU
8.1 If we fail to comply with this Agreement, we are responsible for (and only for) loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence.
8.2 Our total liability to you for any breach of this Agreement or negligence relating to this Agreement is limited to a sum equivalent to the total amount payable by you to us under this Agreement.
8.3 We do not exclude or limit in any way our liability for:
8.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or external suppliers;
8.3.2 fraud or fraudulent misrepresentation; and
8.3.3 any other liability that cannot be limited or excluded by law.
8.4 Your statutory rights are not affected by any statement contained in this Agreement. In particular, your rights are not affected by any provision which may have the effect of limiting our liability to you in the event that any service we provide is defective or fails to correspond with the description of the services we have provided. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will use the personal information you provide to us to:
9.1.1 provide you with the Services;
9.1.2 process your payment of the Fees; and
9.1.3 to inform you about our products and services. You can opt out of this at any time in the future.
9.2 Other than as stated above, we will not give your personal data to any other third party unless:
9.2.1 we are required to do so by law or regulation; or
9.2.2 you give us your permission to share your information with other third parties.
10. RIGHT TO CANCEL AND REFUND
You have the right to cancel this Agreement for a full refund within fourteen (14) days of payment of the Fee ("Cooling Off Period"). If you wish to cancel this Agreement, this right can be exercised by notifying us within the Cooling Off Period, using the postal address or email address set out in the "How to contact us" section below.
10.1 You shall be unable to cancel this Agreement for a refund after provision of the Services has commenced, even where we are providing Services during the Cooling Off Period.
10.2 By contacting us (by whatever means, including via the website, email or by telephone) and requesting the Services you give us authority to carry out the Services and you acknowledge and accept that we may begin performing the Services before the end of the Cooling Off Period.
11. HOW TO CONTACT US OR MAKE A COMPLAINT
11.1 If you wish to contact us for any reason, you can contact our representative(s) using the contact details provided to you following your application for the Services or, if you would prefer, our central Client Liaison Officer.
11.2 We make every effort to excel in the service we provide. However, if you feel we have not met your expectations, please contact our Client Liaison Officer who will acknowledge your complaint within 2 working days and will do their utmost to ensure any complaint is dealt with as quickly and efficiently as possible. Contact details are as follows:
Client Liaison Officer
4 King Edwards Court
King Edwards Square
Telephone: 0800 731 0655
11.3 If you are dissatisfied with the response from us you can take the matter further. Simplicity Cremations, as part of Dignity Funerals Limited, is registered with the National Association of Funeral Directors (NAFD) an independent organisation whose Code of Practice we follow. Contact details are as follows;
Telephone: 0121 711 1343 (Between 9am to 5pm Monday to Friday)
11.4 You also have access to an Online Dispute Resolution (ODR) platform which is provided by the European Commission. It allows consumers to submit complaints through the site and the complaint will then be allocated to an approved and appropriate Alternative Dispute Resolution Provider (ADR). For more information on this service please visit http://ec.europa.eu/consumers/odr
The National Association of Funeral Directors when handling complaints uses one of the approved Alternative Dispute Resolution providers and you can gain direct access to them by using the NAFD contact details provided above.
Simplicity Cremations - Terms & Conditions 01/08/17
0800 484 0260