These are the terms and conditions on which we will provide the Simplicity Cremation Unattended Cremation product.
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.
Simplicity Cremations is a trading name for Dignity Funerals Limited, who is the provider of the Simplicity Cremation Unattended Cremation Product. Dignity Funerals Limited registered office is at 4 King Edwards Court, King Edwards Square, Sutton Coldfield, West Midlands, B73 6AP, under company number 00041598. These legal terms and conditions are between you and Dignity Funerals Limited, and the law of England and Wales apply
If your funeral is being conducted in Scotland, it will be delivered in line with the Scottish Government’s Funeral Director Code of PracticeIntroduction - Funeral Director Code of Practice - gov.scot.
1. DEFINITIONS
1.1 When the following words are used and are in bold in this Agreement, this is what they mean:
“Agreement” means this agreement between you and us for provision of the Services, incorporating the terms and conditions below;
“Cancellation Charge” means the fee charged if you cancel. Further details are set out in section 12 YOUR RIGHT TO CANCEL AND REFUND;
“CMG crematorium” means a crematorium owned and/or operated by the Crematoria and Memorial Group, which is one of the trading names of Dignity Funerals Limited.
“DWP Funeral Payment” means a registered payment offered by the Department of Work and Pensions intended to help pay for a funeral;
“Fees” means total amount payable including VAT for the Services we agree to provide;
“Services” means the services we agree to provide as set out in the sections 5 WHAT PRODUCTS/SERVICES ARE INCLUDED & 6 WHAT PRODUCTS/SERVICES ARE NOT INCLUDED.
“we”, “us” or “our” means Dignity Funerals Limited, a company registered in England (registered number 00041598), 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 Fees.
2. HOW TO CONTACT us
If you need to talk to us about anything, you can:
3. HOW WE’LL CONTACT YOU
We’ll contact you in English using email, phone or post to your home address. If any of your details change, please let us know as soon as possible.
4. WHO CAN ARRANGE A FUNERAL
4.1 By entering into this Agreement you confirm that:
4.1.1 you are over 18 years old.
4.1.2 you have the legal authority to arrange the funeral for the person who has died, this typically means you are either an executor named in the will or an administrator under the rules of intestacy.
4.1.3 you have agreed the funeral arrangements with all other executors and beneficiaries before proceeding.
4.1.4 you are aware that if you do not have the legal authority to arrange the funeral and a claim is made against us, you will be liable for any resulting losses or costs.
4.1.5 you will pay the Fees to us as set out in this Agreement.
4.1.6 the person who has died is currently located in mainland Great Britain.
4.2 By paying the Fees, you are making an offer to purchase funeral services from us on the terms set out in this Agreement. we are entitled at ourabsolute discretion to accept or decline this offer.
5. WHAT PRODUCTS/SERVICES ARE INCLUDED
5.1 By entering into this agreement we agree to provide the following Services as standard:
5.2 In some circumstances you may need additional services. The services Simplicity Cremations offer are listed below and incur an additional fee:
You will be told the additional fee verbally for each of these services before entering into this agreement.
Note: Where you have chosen for the ashes to be hand-delivered, we will deliver them to you within the timescales set out at the point of sale and throughout your journey with us.
Where you have chosen to collect the ashes, they will be available from the CMG Crematorium shortly after the cremation date. We will contact you with the information you need.
We will always try to contact you by phone, email or post to arrange collection or delivery of the ashes. If we are unable to reach you after a period of 12 months, we reserve the right to scatter the ashes in the Crematorium’s garden of remembrance. We will make every effort to contact you to reunite you with the ashes before we make this decision.
6. WHAT PRODUCTS/SERVICES ARE NOT INCLUDED
Please note that the following services are not provided for by Simplicity Cremations:
7. FEES
7.1 The total fee payable to us for the funeral shall be dependent on the Services you have chosen as per section 5.1 & 5.2 of this Agreement and are inclusive of VAT.
8. PAYMENT
8.1 The Fees 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.
8.2 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.
9. VALUABLES
9.1 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 we bring them into our care. If you decide to leave any jewellery or valuables with the person who has died you will be doing so at your own risk.
9.2 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.
10. our LIABILITY TO YOU
10.1 we are not responsible for delays or disputes outside our control, or if something was unavoidable despite us using reasonable care and skill to avoid it. So you won’t be able to claim against us if your losses resulted from circumstances that we couldn’t or shouldn’t have been expected to know about. This includes:
We’re not liable or responsible for verifying, investigating, advising on or checking:
10.2 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.
10.3 Except as stated in clause 10.4 below, 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.
10.4 we do not exclude or limit in any way our liability for:
10.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or external suppliers;
10.4.2 fraud or fraudulent misrepresentation; and
10.4.3 any other liability that cannot be limited or excluded by law.
10.5 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.
11 our RIGHT TO CANCEL
11.1 Subject to 11.2 and 11.3, we have the right to withdraw or amend the Services for a material reason (something significant that impacts the Services). Where we can, we aim to let you know why we are cancelling or amending in advance. If this happens, we will discuss alternative arrangements with you and work with you to find an alternative resolution
11.2 Some reasons why we may cancel or suspend our service if we believe you have:
11.3 we may also cancel the service if:
11.4 If we cancel your access to the Services, we’ll refund you any money that you’ve paid to us.
12 YOUR RIGHT TO CANCEL AND REFUND
12.1 You can request to cancel this Agreement by contacting us using the details in section 2 HOW TO CONTACT US.
12.2 Subject to 12.3, you can cancel this Agreement without being charged within fourteen (14) days of payment of the Fees (“Cooling Off Period”). If you cancel after the Cooling Off Period, you will be charged £230 (“Cancellation Charge”).
12.3 By entering in to this Agreement, you authorise us to commence providing the Services during the Cooling Off Period, and acknowledge that we may begin, and where relevant, complete the provision of the Services during the Cooling Off Period. The 6 following charges may also be applied in addition to theCancellation Charge upon cancellation where we have already begun to deliver the Services under this agreement:
12.3.1 If we agreed to collect the deceased from a location without a mortuary and have already done so, the additional fee associated with providing this service is nonrefundable
12.3.2 If we have completed providing all the Services during the Cooling Off Period, or incurred costs in performing the Services such that they account for a 100% of the Fees, you shall not be entitled to a refund.
13. HOW TO CONTACT us OR MAKE A COMPLAINT
13.1 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 Complaint Resolutions Team.
13.2 we pride ourselves on our service, so we hope you never have cause to complain, but if you ever do, we promise to take it seriously and respond quickly and fairly. In the first instance, if you have any questions or concerns, speak to a member of the team as they may be able to answer any queries you have directly. If you decide you’d like to make a formal complaint, you can do this in several ways:
13.3 They will do their best to make things right. But if you are dissatisfied with the response from them, you may be able to 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. You can contact them:
14 GENERAL TERMS
14.1 Enforcing our rights
If we do not enforce our rights under this agreement, or delay in doing so, this will not restrict our ability to enforce those rights now or in the future
14.2 Separate terms
Each term in this Agreement is separate from the others. This means that if one or more term becomes illegal or unenforceable, this will not affect the other terms. The other terms will apply as if the illegal or enforceable term had not been included in this Agreement.
14.3 Who can enforce these terms
No one other than the following people will have any rights under, or will be able to enforce the terms of this Agreement:
14.4 Law and jurisdiction
Your Agreement with us is governed by English law. The courts of England and Wales will have jurisdiction in relation to any claims or disputes of any nature that arise under or in relation to the plan. If you are resident in Scotland or Northern Ireland, you can raise an action in your local courts.
The following rules of interpretation also apply:
Any reference to a “month” is to a calendar month and any reference to a “day” is to a calendar day, unless we say otherwise. A “working day” means any day from Monday to Friday but excluding bank holidays and public holidays in England and Wales.
The singular includes the plural and vice versa, and any reference to one gender includes all other genders.
Where we refer to any law, this includes any changes to that law, or any law which replaces it.
The headings used in the terms and conditions are for convenience only, and do not affect how the terms and conditions should be interpreted.
Where we use words like “includes”, “including” and “for example”, these are for illustration only and do not limit the meaning of the surrounding words.
14.5 Other important terms
Our registration number with the Information Commissioner’s Office is Z6698248. We collect, store and use your personal information to provide and manage the relevant funeral service. For information on how we do this, see our privacy notice. If you would like a paper copy of our privacy notice, just let us know.
You may supply information about another person or other people to us when you buy a funeral. You confirm that you have their permission to pass on their details, including any sensitive data to us and that they agree to us holding and processing their information and data. Data provided to us will be processed in accordance with our privacy policy
Simplicity Cremations is a trading name for Dignity Funerals Limited. Dignity Funerals Limited is registered in England No. 00041598. VAT No. 486 6081 14. Registered office is: 4 King Edwards Court, King Edwards Square, Sutton Coldfield B73 6AP. Dignity Funerals Limited is authorised and regulated by the Financial Conduct Authority under Firm Reference Number 967130.
Calls may be recorded for monitoring and training purposes. All calls made to 0800 and 0808 numbers are free of charge, whether made from a landline or mobile phone.
Please note: the selling and administering of funeral plans is regulated by the Financial Conduct Authority (FCA). However, if you are buying a funeral without a funeral plan, it will not be covered by FCA regulation.
We are a member of the National Association of Funeral Directors.