Terms and Conditions

1. Introduction

1.1 These Terms and Conditions are the terms for the provision of services by us, Variety Funerals Limited “Variety Funerals”, a company registered in England and Wales under the company number 14615251, whose registered office address is Plum Park Estate, Paulerspury, South Northamptonshire, NN12 6LQ. You can write to us at this address, email service@varietyfunerals.com or telephone 0800 774 7804.

1.2 You expressly agree that you have the authority to enter into such agreement and that any amendments or variations must be requested only by you. In the event you enter into this agreement without the correct authority, knowingly or not, we reserve the right to cancel immediately and shall enter into an agreement with the relevant, authorised person.

1.3 We aim to act in a respectful, professional and courteous manner in our service to you, always. We will communicate with you by phone, email and text message.

1.4 These Terms and Conditions (“Terms”) govern the sale and provision of Services by us and will form the basis of the Contract between us and you. Please read these Terms carefully and ask us if you have any questions about these Terms.

2. Definitions and Interpretation

2.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Charges” means our fees and costs for performing the Services as set out in the relevant Invoice, subject to adjustment in accordance with these Terms and Conditions;

“Client” means you the individual who is named on the Invoice;

“Contract” means the contract for the provision of the Services, as explained in Clause 3,

“Deposit” means the initial payment required by you to enter into a Contract with Variety Funerals;

“Disbursement” means a payment made to third parties on your behalf, including but not limited to doctors’ fees and cremation fees;

“Invoice” means an invoice for the Charges which forms part of the Contract;

“Service Information” means the document that summarises the Services you choose, Variety Solo or Variety Plus;

“Quotation” means a written indication of the charges likely to be incurred for professional fees and Disbursements and may be subject to change in accordance with clause 4;

“Services” means the services which are to be provided by us to you;

“you” and “your” means the person who enters into the Contract by paying the Deposit;

“Variety VIP”” means the free of charge service provided to clients;

“we”, “us”, “our” means Variety Funerals

2.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.

2.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not permit the sense of the words before those terms.

2. Information About Us

Our Site is operated by Variety Funerals Limited. We are a limited company registered in England and Wales under company number 14615251. Our registered address is Plum Park Estate, Paulerspury, South Northamptonshire, NN12 6LQ.

3. The Contract

3.1 At the time you pay the Deposit there is a Contract between you and us for the supply of the Services, consisting of these Terms and Conditions, together with the Service Information, Application for cremation of the body of a person who has died and the Invoice(s). At the time you pay the Deposit we will ask you for your express consent for the supply of the Services to immediately commence.

4. Quotations

4.1 We will provide a quotation of sums due via our written quotation. The Quotation provided sets out the services we agree to supply. This Quotation is an indication of the charges likely to be incurred based on the information and details we know at the date of the Quotation. While we make every effort to ensure the accuracy of the Quotation, the charges are liable to alteration where circumstances occur outside of our control and where your requirements change.

4.2 We may not know the amount of Disbursements however we will give you a best estimate of such charges in the written Quotation. The actual amount of the charges will be detailed and shown in the Invoice.

4.3 If you amend your instructions, we may need to make an extra charge in accordance with prices published in our current price list and you will receive an updated Quotation or Invoice as applicable.

5. Orders

5.1 All Orders for Services will be subject to these Terms and Conditions. A legally binding Contract between us and you will be created upon you paying the Deposit.

5.2 You may change your Order a minimum of 3 working days before the cremation date by contacting us in writing.

5.3 We cannot guarantee that your Order can be changed, if your Order is changed, we will inform you of any change to the Invoice in writing; if your Order change request is rejected we will inform you in writing also.

6. Payment

6.1 The Deposit is to be paid for Variety Funerals to commence provision of the Services.

6.2 You must pay each Invoice within 7 days of the date on the Invoice (“Due Date”) unless otherwise agreed by us in writing.

6.3 Supplementary Invoices may be issued at any time before or after the cremation and are due for payment within 7 days from the date on the Invoice.

6.4 We accept payment by credit or debit card or by bank transfer to the bank account details written on the Invoice.

6.5 You will inform us if it is intended to make a claim for assistance for funeral expenses under the Department of Work and Pensions (DWP). The rules for eligibility are complex and we advise that you speak to your local DWP office for advice. DWP may not cover the entire Invoice amount.

6.6 You will inform us if a solicitor, bank trust company or insurance company ask that the Invoice is forwarded to them.

6.7 If you fail to pay us, in full, by the Due Date we may:

– 6.7.1 charge you interest:

• Statutory interest under ‘section 69 of the County Court Act of 1984’, calculated at 8% per annum until the debt has been paid in full;
• Interest will accrue on a daily basis from the Due Date for payment until the actual date of payment of the overdue sum, whether before or after judgement (unless a court orders otherwise);

– 6.7.2 recover the reasonable cost of taking legal action to make you pay;
– 6.7.3 choose to stop providing the services until you pay us in full: and/or;
– 6.7.4 cancel the Contract and raise an Invoice for the charges for the Services already carried out.

7. Providing the Services

7.1 The time for the performance of the services as set out in the Contract are conditional on you:

– 7.1.1 returning to us the completed documents referred to in the Contract within 5 days of the date you pay the Deposit; and
– 7.1.2 providing us with a green form (Certificate for burial or cremation) or Coroner’s Form 6 within 7 days of the date you pay the Deposit.

7.2 We strive to provide a high-quality service in all aspects. If you have any questions or concerns about the Service we provide you, please raise in the first instance with a Variety Consultant.

7.3 If we require any information from you in order to provide the services, we will inform you of this as soon as is reasonably possible.

7.4 Although we endeavour to provide a prompt and efficient Service for you, there may be circumstances beyond our control or because you have not fulfilled your obligations, where we are unable to fulfil our obligations to you at a date or time specified. Where this is the case, we will attempt to contact you in advance, using the details you have provided, and advise you of alternative arrangements.

7.5 The cremation date will be after the date when the Invoice is paid in full.

7.6 If we incur additional fees to third parties we will issue you a further Invoice for those additional fees (which we will recharge to you at cost). The third parties who we incur such fees may include hospitals, (who may charge for their storage of the deceased) and any funeral director who you may initially engage to make arrangements for the deceased who is subsequently replaced by us (who may charge for their services up to the date we replace them, e.g. for their collection and storage of the deceased).

7.7 If we have to care for the deceased for more than 14 days following collection (other than because of a delay caused by us) we can charge you £35 for each additional day of storage of the deceased.

7.8 If you do not collect, from the crematorium, the ashes of the deceased within 3 months from the date of cremation we may charge you £35 per month for storage fees incurred by us (reduced proportionately for storage for part of a month).

7.9 If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided, we may charge you a reasonable additional sum for that work.

7.10 Variety VIP is free of charge, we use third-parties to provide the services included and we can not guarantee their provision, nor are we liable for any such services provided.

7.11 All Services will be provided by us in accordance with all relevant laws, rules and regulations.

7.12 We will not undertake any services that conflict with any law in force, any voluntary or mandatory code of practise, or any similar rules, regulations or codes.

8. Data Protection

8.1 If you provide us with personal data (as defined in applicable data protection legislation) and/or we receive personal data under the Contract with you, we will process such personal data in accordance with our privacy policy, which can be found here or when you visit https://varietyfunerals.com/privacy-policy/

9. Our Liability

9.1 Notwithstanding clause 9.3, We will not be responsible for any loss or damage that is not foreseeable.

9.2 Nothing in the Contract restricts or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be lawfully limited.

9.3 Furthermore, nothing in these Terms and Condition shall affect your statutory rights as a consumer.

10. Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond out control.

11. Cancellation

11.1 You have the right to cancel the Contract within 14 days of the contract being formed (“Cancellation Period”) without giving any reason. However, if the Services have been completed the Contract cannot be cancelled, even if the Cancellation Period is still running.

11.2 To exercise the right to cancel, you must inform us of your decision to cancel the Contract in writing.

11.3 Should you choose to cancel the Contract you will be charged for any Services “Charges” already provided and/or Disbursements incurred. We will reimburse you all payments received from you LESS the sums for these Charges and/or Disbursements. Any of our own administration costs will be capped at £250.

11.4 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel.

11.5 We will make the reimbursement using the same means of payment as you used  for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

11.6 We may cancel the Contract immediately if:

– 11.6.1 the required personnel and/or required materials necessary for the provision of the Services are not available;
– 11.6.2 if an event outside of our control continues for more than 14 days (please see Clause 10 for events outside of our control);
– 11.6.3 if you fail to honour your obligations under the Contract

11.7 If we cancel the Contract you will be asked to pay a reasonable amount based upon the work carried out, and the costs we have incurred, up to the time of cancellation.

12. Other Important Terms

12.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (for example, if we sell our business). Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them. Your rights are not affected by a change of the company directors.

12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions and under the Contract without our express written permission.

12.3 The Contract is between you and us. No other person shall have any rights or entitlement to enforce any provision of these Terms and Conditions.

12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

12.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived the right, and no waiver by us of a breach of any provision of these Term and Conditions means that we will waive any subsequent breach of the same or any other provision.

13. Governing Law and Jurisdiction

13.1 These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

13.2 Any dispute, controversy, proceedings or claim between the Parties relating to the Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.