Terms of Business
Terms of Business
Denise Wellington Funeral Services Ltd is a company incorporated in England & Wales, Company Registration Number: 9307446 having its registered address at Thornelea, St. Anne’s Hill, Bude, Cornwall EX23 0LT.
Our primary aim is to provide a transparent and high quality of service to our clients. In providing this service, we take into consideration all areas of responsibility we have when acting on behalf of our clients. These Terms of Business cover some specific areas of those responsibilities in line with our governing body SAIF (The National Society of Allied and Independent Funeral Directors) and their Code of Practice and the requirements set out by the CMA (Competition Markets Authority).
1. Estimates and Expenses
Denise Wellington Funeral Services Ltd promotes openness and transparency with regards to funeral arrangements and its pricing policy.
Our written estimate is an indication of the charges/fees likely to be incurred based on the information and details we know of at the date of estimate in relation to the funeral arrangements that have been requested and agreed.
While we make every effort to ensure the accuracy of our written estimate, we may not know the actual amount of our third-party charges in advance of the funeral; the charges are liable to alteration particularly where third parties may change their rates or charges.
We will inform our clients a soon as possible should there be a variation to the costs involved.
The actual amount of the charges will be detailed and shown within the Funeral Invoice.
If you wish to amend your instructions, we will require your written or email confirmation of any amendments so that these changes can be implemented accordingly.
2. Payment Arrangements
Any deposits or payments in full that may be required prior to the funeral, in relation to your chosen type of service, will be discussed with you and agreed upon during the funeral arrangement process.
We do not operate with a specific deposit policy.
We will respectfully send a final invoice for payment approximately 10 to 14 days following the funeral.
We kindly request the final balance be paid within 30 days of our final invoice date.
You will be required 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.
We may claim those losses from you at any time and if we are required to take legal action, we will ask the court to consider that you pay our legal costs.
4. Data Protection
Words shown in italics are defined in the General Data Protection Regulations 2018 (“the Regulations”).
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 for you.
When we arrange a funeral with our clients, we ask them to sign a personal data consent form that will allow us to collect and use their personal data in accordance with General Data Protection Regulations.
At this point we also ask our clients to choose a communication method they would prefer us to use with them throughout the course of our work on their behalf.
In order for us to provide our services on your behalf, we may need to pass such data to various third parties who are performing and providing services for you, some third parties may contact you directly. We will not pass any of your details to third parties for any marketing purposes whatsoever.
When you sign an acceptance form during the funeral arrangement process, you are giving us permission to keep your details on record.
Under the Regulations you have the right to know what data we hold about you and by applying to us in writing you are able to receive copies of that data.
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 fourteen 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 on the form which will be handed to you.
In the event that you exercise the right to cancel this contract during the cooling-off period, you will be required to pay a reasonable amount for goods and services already supplied.
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 terminations, be asked to pay a reasonable amount based upon the work carried out by us or third parties up to the time your termination is received.
7. Right to Cancel
You have the right to cancel the Contract if you wish.
This right is only applicable to binding Funeral Arrangements that were made in the clients home only; away from the business premises of Denise Wellington Funeral Services Ltd
This can be exercised by sending a cancellation notice to us at any time within the period of 14 days starting from the day of the funeral arrangements.
Where applicable, payment to Denise Wellington Funeral Services Ltd may be required in respect of any services we or other third parties have carried out on your behalf or disbursements that we have paid on your behalf, prior to the cancellation notice being received.
We are a member of The National Society of Allied & Independent Funeral Directors “SAIF” a private limited company by guarantee with registered number 02436831, having its registered address at SAIF Business Centre, 3 Bullfields, Sawbridgeworth, Hertfordshire, CM21 9DB, and subscribe to its current Code of Practice, a copy of which is available upon request.
We aim to act in a professional manner and provide a courteous, sensitive, and dignified service to you at all times.
If, however, you have any questions or concerns about the service we provide to you, then please raise them in the first instance with Denise Wellington Funeral Services Ltd.
We provide our clients with a copy of our Complaints Handling Procedure should it be required; this ensures compliance with current laws and regulations in relation to complaint handling and is in line with our governing bodies code of practice.
If that does not resolve the problem to your satisfaction, our governing body SAIF provides a dispute resolution service. They can be contacted by completing their complaints form, which is available by either visiting the SAIF website, by email to firstname.lastname@example.org or by phone 0345 230 6777.
All dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. Although we endeavour to provide a prompt and efficient service for you, 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 contact you in advance, and advise you of alternative arrangements.
Although we cannot be responsible for the performance of any third parties, which may include, but are not limited to; Crematoria, Councils, Grave Diggers, Ministers, Civil Celebrants, Florists, Printers, Vehicle Hire, Newspapers, Hospitals, Doctors, Coroner, Registrar, International Repatriation Service Providers; we continually strive to ensure the service provided to you by these third parties is of the highest standard.
Your continuing instructions will amount to your continuing acceptance of these Terms of Business.
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; and
- 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.
Nothing in these terms restricts or limits our liability for death or personal injury.
The parties agree that these Terms along with estimates and services accounts constitutes the entire agreement between them and supersedes all previous agreements, understandings, and arrangements between them, whether in writing or oral in respect of its subject matter
Notwithstanding anything else contained in these Terms, neither party shall be liable for any delay in performing, or non-performance of, its obligations hereunder if such delay or non-performance is caused by circumstances beyond the reasonable control of the party so delaying or non-performing, including but not limited to strikes, lock outs, labour disputes, acts of God, war, riot civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, disease, epidemic, pandemic, fire, flood, storm or adverse weather conditions.
Our liability is excluded to the maximum extent permitted by law including any implied terms.
No variation of these Terms shall be valid or effective unless it is in writing (including email), refers to these Terms and is duly signed or executed by, or on behalf of SAIF.
These Terms are subject to English Law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these terms, you submit to the non-exclusive jurisdiction of the English courts.
If you decide to commence legal action, you may do so, in any appropriate English Court.
Additional legal requirement
Instructions regarding cremated remains are to be issued by the cremation applicant and remain their sole decision and ownership unless otherwise agreed.
The National Society of Allied and Independent Funeral Directors