Terms and Conditions

When arranging a funeral with Us, You confirm Your agreement to these Terms and Conditions. We will only be obliged to provide the products and services of the Funeral Product purchased on Your agreement to these Terms and Conditions.

 

DEFINITIONS

1.1 We, Our, Ourselves, Us, shall mean The Funeral Market Limited and its successors and assigns.

1.2 Client: means person engaging with Us on the terms in this Contract who agrees herein to be liable for payment.

1.3 You, Your, shall mean Client.

1.4 Deceased: shall mean the person who has passed away.

1.5 Order Form means the document that details information about the Deceased and price of goods and services including the Funeral Product.

1.6 Contract: means the agreement to these Terms and Conditions between the Client and Us as set out in this document INCLUDING THE INVOICE and THE PACKAGE DETAILS document.

1.7 Collection Point: means the place notified to Us as the place from which the Deceased is to be collected.

1.8 Funeral Product: Means either the Cremation Only, Attended Cremation, Cremation & Service, Traditional Funeral or Burial package in addition to other products or services including but not limited to: collection of Deceased from private address or residential home; medical certification fees (also known as Doctors’ fees); oversized coffin; return of cremated remains; out of hours collection of the Deceased; upgraded coffin; embalming; additional limousine; fulfilled by Us, our Administrator and selected Third Parties to the Client (and where the context so permits shall include any supply of Services as hereinafter defined).

1.9 Services: shall mean all services supplied by Us to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Services as defined supra).

1.10 Price: shall mean the cost of the Funeral Product as agreed between Us and the Client as set out in the Order Form.

1.10 Administrator: means The Funeral Market Limited.

1.11 Third Party and Third Parties: Means any organisation other than Us

1. GENERAL

1.1 We are The Funeral Market Limited, company registration number 10717084; Our registered address is: Brewery House, 4 Castle Street, Buckingham, MK18 1BS.

1.2 The Funeral Products provided by Funeral Plan Market Limited are Administered by Us and we may provide the services ourselves or contract out, all or part of, the services to a Third Party; for example, a funeral director that is located locally to the Deceased.

1.3 Please read all these Terms and Conditions carefully; they are the legal basis upon which we provide Our services to You. These terms apply to the purchase of the Funeral Product and any ancillary items from Us by You. When we accept Your instructions You and We will be legally bound by these terms.

2. DISCLAIMER

FUNERAL PLAN MARKET LIMITED WILL NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE TO THE CLIENT FOR ANY LOSS, CLAIM OR LIABILITY OF WHATEVER NATURE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE

3. THE RIGHT TO ARRANGE A FUNERAL

3.1 We have no means of independently establishing who has the legal right to arrange a particular funeral and We will therefore contract with any person that purports to have the authority to arrange the funeral by virtue of being the next of kin, an executor of the estate or that they are acting on the instructions of those persons or in the absence of the existence of any executor or family. Throughout these Terms and Conditions this person is the “Client”.

4. CONDUCT

4.1 We operate a Price and Service promise, details of which can be found on Our website at www.funeralplanmarket.com . If you have any questions or concerns about the services We provide please raise them with Us as soon as possible.

4.2 All information in respect of dates and time is estimated and cannot be guaranteed until You have signed this agreement and made payment in full.

4.3 There may be instances where, because of circumstances beyond our control, We are unable to fulfil Our obligations to You on the date or time specified. Where this is the case We will attempt to contact You in advance, using the details provided, and advise You of alternative arrangements.

5. AGREEMENT

5.1 All orders by the Client for the Funeral Product shall be subject to these Terms and Conditions to the exclusions of all other prior terms and all representations whether in writing or otherwise.

5.2 Our acceptance of Your order for the Funeral Product will take place when We have received payment in full.

5.3 Your instructions will not create any enforceable right (by virtue of the Contracts Rights of Third Parties Act 1999) in favour of 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; and if it would be enforceable if amended, it will be treated as so amended.

5.4 Nothing in these terms restricts or limits our liability for death or personal injury.

6. OUR FUNERAL PRODUCTS

6.1 We will provide the Funeral Product to You as set out on the Order Confirmation.

6.2 Purchase of additional goods and services thereafter, whatever they may be, are not included in the provision of this contract.

6.3 Any images of products or services, on Our website www.funeralplanmarket.com, are for illustrative purposes only.

7. PRICE, DEPOSIT AND PAYMENT

7.1 Payment can be made by bank transfer; Visa credit/debit card or MasterCard credit/debit card.

7.2 We do NOT accept cash, cheques, American Express, Bitcoin or any other method of payment other than that described in Clause 7.1.

7.3 The price of the Funeral Product is that as set out on the Order Confirmation.

7.4 You agree that You are responsible for paying Us in full for said amount as set out on the Order Confirmation.

7.5 You may pay a deposit of £500 to enable collection of the Deceased from the collection place to take the Deceased to a suitable resting place. The suitable resting place will be designated by the Administrator.

7.6 Save when a deposit payment has been made, payment in full is required for the Funeral Product to be provided.

7.7 If you have paid a deposit the balance payable must be paid within 3 working days. The balance payable being the total amount due, as set out on the Order Confirmation less the £500 deposit paid.

7.8 We may charge You for any reasonable costs and expenses incurred by Us a result of Your failure to pay amounts as they fall due.

7.9 Payment for products and services not set out on the Order Confirmation are to be paid to the Administrator as required.

8. THIRD PARTY SUPPLIES AND EXPENSES

8.1 We are only responsible for those parts of the funeral arrangements that we perform Ourselves. Our Administrator, as a matter of course, makes all other necessary arrangements with Third Parties on behalf of Clients (such as with Ministers, Cemeteries, Crematoria, Organists, Gravediggers etc.). Accordingly, the Third Parties involved (and not Us) are responsible to the Client for the provision of those services.

8.2 In most cases the Third Parties charge Us for their services and We charge You for those services. Should You request products or services that are not included in your Funeral Product you will be charged extra.

9. THE DECEASED

9.1 SIZE: We are, usually, unaware of the size of the Deceased at the time the funeral is being arranged. The prices quoted, and availability of products and services is based on the assumption that the size of the Deceased falls below certain reasonable limits; for example the height of the deceased is less than 190cm. Once known, We will take account of the size of the Deceased (in terms of both weight and dimension) as there are maximum sizes for each coffin and casket, for each hearse, for each grave and for each crematorium. To conform to the Manual Handling Regulations 1992 a risk assessment is carried out before each movement of the coffin. Where this indicates there is or could be an unacceptable avoidable risk, then either the coffin will be moved on a wheeled bier or arrangement for additional staff may be required or both. Where the size exceeds any of the limits We may, at Our absolute discretion authorise, provision of additional staff, transport and equipment and changes may be made to the type of coffin/casket (or method of construction), crematorium, cemetery or to any other part of the Funeral Product and any additional costs involved in these changes are payable by You within 7 days of request to the Administrator.

9.2 Removal of pacemaker, prosthetic/artificial limbs or other non-human items, from the Deceased, may incur additional cost; payment of which are payable by You within 7 days of request to the Administrator.

10. YOUR RIGHT TO CANCEL

10.1 Subject to Clause 10.3 You can cancel at any time.

10.2 Cancellation requests must made in writing by email to: info@thefuneralmarket.com or by recorded post to: The Funeral Market Limited, Brewery House, 4 Castle Street, Buckingham, MK18 1BS

10.3 Should You wish to cancel, and some services or supplies have been provided You will receive a refund for the amount paid less the amount for the services and supplies that have been delivered prior to receipt of Your cancellation instructions. A minimum cancellation fee applies.

10.4 Minimum cancellation fees

  1. Should you cancel within 24 hours of appointing Us a minimum cancellation fee of £250 applies.
  2. Should you cancel after the first 24 hours of of appointing Us a minimum cancellation fee of £500 applies.

10.5 You are not able to cancel on the day of the funeral service, cremation or burial (whichever comes earlier) or thereafter.

11. OUR RIGHT TO CANCEL

11.1 We may cancel the Contract and not have any obligation to provide the Funeral

Product if:

  1. You do not pay in full within 3 days working days of signing the contract.
  2. You have not provided information We have requested
  3. We decide to cancel the Contract because you have told us about a failure on your part

11.2 If We cancel the Contract for the reasons set out in Clause 11.1, We will have to charge You for the costs We have incurred. This is in addition to having to charge You Third Party fees We have incurred on your behalf, if We cannot recover them.

12. GENERAL OBSERVATIONS

12.1 We use staff who will use their best professional skill to ensure that the requests of its Client are honoured. During the initial planning, Our representative may not be fully aware of all the individual family circumstances and as these are disclosed it may transpire that certain requests cannot be met. In these circumstances We or a Third Party will assist in making alternative arrangements but We and any such associated Third Party will not accept any liability for additional costs or losses that may arise as a result.

13. INDEMNITY

13.1 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.

13.2 This means that You are liable to us for losses We incur because You do not comply with these terms. If We instruct debt collection agents We may also recover the fees We incur from you. Further details regarding these fees are available on request. We may claim those losses from You at any time and if We have to take legal action We will ask the court to make You pay our legal costs.

14. LIABLITY

14.1 Some places of worship including cemetery and crematoria chapels are now restricted by fire regulations with regard to the number of people who may enter the building. We do not accept any liability if some mourners are declined entry to the building for the funeral service.

14.2 We are not liable for the errors of Third Parties including, but not limited to, those of the Administrator, crematorium or cemetery.

14.3 We shall in no circumstances be liable to the Client for any loss, claim or liability of whatever nature caused by the acts or omissions of any Third Party.

14.4 We are not liable for a loss that was not reasonably foreseeable to both parties at the time the Contract was made.

14.5 We shall not be liable to the Client or be deemed to be in breach of the Contract for any reason if the breach of Contract was due to any cause beyond Our reasonable control. The following events shall be regarded as examples of causes beyond Our reasonable control but shall not act to limit the general nature of this clause: Acts of God, explosion, flood, tempest, fire, accident, civil disturbance, Acts; restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority, difficulties in obtaining labour, fuel, motor vehicle breakdown for whatever reason.

14.6 We are not liable for loss arising from commercial loss (e.g. loss of profit, loss of business or loss of business opportunity) to Your business which would not be affected by a Client – because We believe You are not paying for the Funeral Product wholly or mainly in connection with Your business.

4.7 The maximum aggregate liability of Us to the Client, for any sentimental or direct loss arising out of one or a series of linked events or omissions; and more specifically the loss theft or destruction of any of the jewellery or personal effects forming part of the Deceased’s estate shall be limited to the value of Our Charges to the Client.

15. DATA PROTECTION

15.1 You can view our Data Protection Policy on our website at www.thefuneralmarket.com/privacy-and-cookie-policy.

15.2 We will use the personal data You provide to Us to provide the Funeral Product purchased that includes processing Your payment for it.

15.3 We will pass Your personal data to Third Parties who are proving the products and services as part of the Funeral Product agreed with You.

16. COMPLAINTS

16.1 If You have a complaint you must contact Us as soon as possible by post to: The Funeral Market Limited, Brewery House, 4 Castle Street, Buckingham, MK18 1BS or by phone on 0800 689 1060 or my email to info@thefuneralmarket.com .

17. OTHER IMPORTANT TERMS

17.1 You agree to be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts in connection with any dispute that may arise from Your use of Our Funeral Products.

17.2 At present, in the United Kingdom, the costs of providing a funeral are not subject to Value Added Tax (VAT). If VAT becomes payable on funeral expenses, We reserve the right to recover this cost from You.

17.3 This Contract is between You and Us. You agree that the Administrator of the Funeral Product and any Third Party contracted in relation to the supply of the Funeral Product has the right to enforce these terms.

17.4 If a court finds part of this Contract is illegal, it will not affect the rest if its terms. Each term operates separately and if a court finds one illegal the rest will remain in full force and effect.

17.5 Even if We delay in enforcing the Contract, we can still enforce it later

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