Terms and Conditions
WE DO NOT TAKE ANY RESPONSIBILITY FOR, OR ACCEPT ANY LIABILITY IN RELATION TO, THE SERVICES OR THE AVAILABILITY OF THE SERVICES THAT THE SUPPLIERS MAY PROVIDE TO YOU AS WE ACT AS AN INTERMEDIARY BETWEEN YOU AND THE SUPPLIERS: WE ONLY ARRANGE FOR THEM TO PROVIDE YOU WITH A SERVICE. ANY CONTRACT FOR A FUNERAL SERVICE OR FUNERAL PRODUCT IS BETWEEN YOU AND THE SUPPLIER OF THE SERVICE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By using our website or using our Service, you agree to these terms and conditions. Our website and these terms and conditions are only available in English and our customer services only operates in English. You may want to print a copy of these terms and conditions for future reference. Our Service is only available to residents of England, Scotland and Wales who are over 18 years old.
1. ABOUT US
www.localfuneraldirector.co.uk is a website operated by Funeral Plan Market Limited (“we”, “us” and “our”) we also trade under the name Funeral Plan Market. We are a company registered in England and Wales under number 10717084, Data protection registration number ZA253429.
Our registered address is:
Bloxham Mill Business Centre
Barford Road, Bloxham
2. SERVICE WE OFFER AND OUR PRICE
2.1 We charge the prevailing price for the funeral product (“Services”) you purchase
2.2 We provide a range of funeral products (“Services”) for cremation or burial
2.3 You do not need to purchase a funeral product (“Services”) to use this website
3. SUPPLIERS AND SERVICES
3.1 We have selected suppliers (“Suppliers”) to provide the services (“Services”).
3.2 If you contact us through our website then you will have completed a form on our website (“Form””). When you submit the Form you will be confirming that you have read, understand and agree to these terms and conditions. When contacted, you agree to provide the information required to assist in providing you the Service.
3.3 If you complete a Form, we will endeavour to call you back on the number you have provided within 48 hours (excluding Sundays and public holidays). When you submit the Form successfully you may be given an identifying reference number. When we call you back we may take further details from you such as personal information and product specific information.
3.4 You should note that we do not search all available suppliers of the Services and we cannot guarantee that the price quoted to you is the cheapest that you may be able to obtain. Nor do we guarantee that any Supplier will agree to provide you with the Service or Product you are interested in.
4. YOUR STATUS
4.1 By submitting the Enquiry Form, you agree that:
- a. all the information you have provided is correct (we rely on this information to provide you with our Service and any inaccuracy may invalidate any quotes provided and may prevent you having access to our Service and/or the Supplier Services);
- b. you are at least 18 years old;
- c. you are legally capable of entering into binding contracts;
- d. you are resident in England, Scotland or Wales;
- e. you are accessing our website from England, Scotland or Wales;
- f. you are contracting in your capacity as a consumer, not in the course of a business.
5. AVAILABILITY OF SERVICES
5.1 Our website is only intended for use by people resident in England, Scotland or Wales. We do not make our Service available to individuals outside England, Scotland and Wales. Some Services are not available in some locations.
5.2 If for any reason we are unable to provide our Services to you, in whole or in part, you may not receive any quotes or services at all.
5.3 We reserve the right, at any time and without prior notice, to remove or cease to supply any product or service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.
6.1 Except in the case of 6.3, when you purchase a funeral product you have the right to cancel within 14 days from product purchase date.
6.2 Should you wish to cancel the purchase of the funeral product 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.
6.3 You are not able to cancel your purchase of the product on the day of the funeral service, cremation or burial (whichever comes earlier) or thereafter.
6.4 Should you cancel the funeral package and the deceased is in our care the amount to be refunded will be paid within 3 working days of the deceased being collected and removed from our care.
6.5 Should you cancel the funeral package and the deceased is not in our care the amount to be refunded will be paid within 3 working days of the cancellation request.
7.1 We will provide our Service to you with reasonable care and skill.
7.2 We do not accept any responsibility for inaccurate information provided to us by our Suppliers or other third parties.
7.3 We do not accept responsibility for business losses.
7.4 WE DO NOT TAKE ANY RESPONSIBILITY FOR, OR ACCEPT ANY LIABILITY IN RELATION TO THE SERVICES OR THE AVAILABILITY OF THE SERVICES THAT THE SUPPLIERS MAY PROVIDE TO YOU AS WE ACT AS AN INTERMEDIARY BETWEEN YOU AND THE SUPPLIERS: WE ONLY ARRANGE FOR THEM TO PROVIDE YOU THE SERVICE(S). IF YOU HAVE A PROBLEM WITH THE SERVICES THAT ONE OF THE SUPPLIERS IS PROVIDING, INCLUDING ANY BILLING ENQUIRY, YOU WILL NEED TO TAKE THIS UP DIRECTLY WITH THE SUPPLIER.
7.5 We do not exclude or limit in any way our liability:
- a. for death or personal injury caused by our negligence;
- b. under section 2(3) of the Consumer Protection Act 1987;
- c. for fraud or fraudulent misrepresentation; or
- d. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8. CORRESPONDENCE BETWEEN YOU AND US
8.1 If you need to correspond with us in writing please send all correspondence to Local Funeral Director, Bloxham Mill Business Center, Bardford Road, Banbury, Oxfordshire, OX15 4FF or by email to firstname.lastname@example.org. We may write to you at either the e-mail or postal address you provide to us.
9. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
9.1 The information, data and materials used in our website are protected by rights, including copyright, design rights, database rights and trademarks. All these rights are either owned by us or licensed to us by the rights owner(s) for use with our website or otherwise used by us as permitted by applicable law.
9.2 Any copying, distribution, storing, framing or transmission of any kind of the material used in our website is not allowed.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 You may not transfer your rights and obligations under the agreement you have entered into with us unless we have given you written permission to do so.
10.2 We can transfer our rights and obligations under this agreement in order to enable the Services to be provided continuously or if we sell our business.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We and you will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under the agreement that is caused by events outside our reasonable control (known as a “Force Majeure Event”).
11.2 A Force Majeure Event includes any act, event, non-happening, or accident beyond your or our reasonable control and includes the following:
- a. strikes, lock-outs or other industrial action;
- b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- e. impossibility of the use of public or private telecommunications networks;
- f. the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Performance of the agreement will be suspended for the period that the Force Majeure Event continues for the party affected, and that party will have an extension of time for performance for the duration of that period. The affected party will try to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
12. DISCLAIMER OR WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. SEPERATE CAUSES
15.1 If any of these terms and conditions or any provisions of the Contract are found by a competent authority to be invalid, unlawful or unenforceable then that part will be deleted and the remaining parts will still be valid.
15.2 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the agreement. While we accept no responsibility for statements and representations made by our employees, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We may need to revise and amend these terms and conditions from time to time. If we subsequently change our terms and conditions, you do not need to worry as these will not affect you as the terms and conditions that are on our website when you submit the Enquiry Form will form the agreement. However, in relation to the use of our website the current terms will be the ones on our website when you use it.
17. LAW AND JURISDICTION
17.1 By visiting www.localfuneraldirector.co.uk 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 this site.