Go Direct Cremations - Terms and Conditions

1. Introduction

These Terms form part of the Contract with you and they will apply to the funeral services that we perform.
Please read these Terms carefully before you sign the Contract and please ask us if you have any questions about these Terms.

1. Definition

In these Terms the following words shall 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.
“Contract” means the contract between you and us for the supply of the Services, consisting of these Terms and our letter to you detailing the arrangements, together with the enclosed Instruction Form, Notice of Cremation, Application for cremation of the body of a person who has died and the Invoice(s).
“Application Form” means the form to be completed and signed by you and which sets out the details of the Services .
“Invoice” means an invoice for the Charges which forms part of the Contract.
“Services” means the services described in the Contract.
“you” and “your” means the person who enters into the Contract by signing the Instruction Form.
“we”, “us” and “our” means Go Direct Cremations Limited (company number 14069526).
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

3. Services and Charges

At the time you first instruct us to provide the Services (which may be when you phone us) we will confirm the Services we will provide and our Charges, based on the information and details that you provide at that time. The details of the Services and the Charges will also be set out in the Invoice and the other Contract documents that we send to you.
If we incur additional fees to third parties in the ordinary course of properly providing the Services and/or because you fail to meet your obligations in the Contract, we may issue you with a further Invoice for those additional fees (which we will recharge to you at cost). The third parties who we incur such fees to may include hospitals, who may charge for their storage of the deceased.
If we agree with you to change the Services we will require your written confirmation of the changes. Depending on the change to the Services, we may need to make an extra charge in accordance with prices published in our current price list.
If we have to store the deceased after more than 14 days following the date you first instruct us to provide the Services (other than because of a delay caused by us) we can charge you £35 for each additional day of storage of the deceased.
If we have to store the ashes of the deceased for more than 3 months from the date of cremation we can charge you £35 per month of storage (reduced proportionately for storage for part of a month).
We will add VAT to our Charges, where applicable, and at the rate applicable when we prepare the invoice.
The time(s) and date(s) for the performance of the Services, as set out in the Contract, are conditional on you . Returning to us the completed documents referred to in the Contract within 5 days of the date you first instruct us to perform the Services; and providing us with a green form (Certificate for burial or cremation) or Coroner’s Form 6 within 7 days of the date you first instruct us to perform the Services.

4 Data Protection

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: godirectcremations.co.uk/privacy-policy

5. Your right to cancel if you change your mind

You have the right to cancel the Contract within 14 days of the conclusion of the Contract (“Cancellation Period”) without giving any reason. However, if the Services have been fully or partly performed the Contract cannot be fully cancelled, even if the Cancellation Period is still running.
To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. by phone, a letter sent by post or e-mail). If you want to tell us about the cancellation in writing, this can be sent to us at Go Direct Cremations, 1 Market Place, Brackley, NN13 7AB, or by email to care@godirectcremations.co.uk
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your cancellation of the Contract before the Cancellation Period has expired.
If you cancel the Contract, we will reimburse to you all payments received from you, but you will have to pay for the work that we have done, and the costs we have incurred, up to the point when you inform us of your decision to cancel. Any of our own administration costs will be capped at £100.
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 the Contract.
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.

6. Termination

The Contract may also be immediately terminated:
- by us if you fail to honour your obligations under the Contract; or
- by you if we fail to honour our obligations.
  The party wishing to terminate the Contract will contact the other party by phone, email or by letter sent by post to advise of the termination of the Contract.
If we or you terminate the Contract you may, unless you are terminating for our failure to honour our obligations, be asked to pay a reasonable amount based upon the work carried out, and the costs we have incurred, up to the time your termination is received. Any of our own administration costs will be capped at £100.

7. Standards of Service

We strive to provide a high-quality Service in all aspects. If you have any questions or concerns about the Service we provide to you, please raise them in the first instance with your designated manager.
All dates and times provided in the Contract are just estimates and cannot be guaranteed. Although we endeavour to provide a prompt and efficient Service for you, there may be instances where, because of circumstances beyond our control or because you have not fulfilled your obligations set out in the Contract, we are unable to fulfil our obligations to you on the date or time specified in the Contract. 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.
In particular, although we will endeavour to cremate the deceased on the estimated date referred to in the Contract, we may cremate the deceased on a date and at a time and place that we decide.

8. Agreement

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds that any of the terms of the Contract are unenforceable as drafted it will not affect the enforceability of any other terms.
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.
The Contract is subject to English Law. If you decide to commence legal action in relation to the Contract, you may do so, in any appropriate UK court.