1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.2 This Contract shall be entered into between CCSL and the Client by the Client requesting, whether verbally or in writing (electronic or paper based), that CCSL perform the activities of funeral undertakers in relation to the Deceased. No verbal variation of the terms of this Contract shall be effective. These conditions apply to the exclusion of and in the place of any terms proposed or put forward by the Client and shall only be capable of variation by a written amendment to them, signed by CCSL. No verbal warranties, representations, agreements or assurances will bind CCSL, other than where provided for in this Contract or by law.
1.3 Subject to the terms of this Contract and in consideration of the payment of CCSL’S Charges and of any other monies which may become due under this Contract CCSL shall perform the activities of funeral undertakers in relation to the Deceased which shall include carrying the Deceased from the Collection Point to the Destination and using its reasonable endeavours to deliver the Deceased to the Destination at the time requested by the Client. CCSL shall use all reasonable skill and care when performing its obligations under the Contract
1.4 In these conditions except where the context otherwise required, the singular shall include the plural and vice versa; any gender include all genders; words denoting persons including bodies corporate and unincorporated associations and partnerships and vice versa.
2.1 CCSL shall retain full discretion as to the final route, means and procedure to be used when handling the Transit of the Deceased.
3.1 CCSL Charges are in respect of the services as funeral undertakers and the Client understands and accepts that all arrangements with third parties shall be made through the CCSL, unless otherwise agreed between CCSL and the Client. Payment for those third party arrangements shall be in addition to the Charges and payable by the Client.
3.2 Where the Charges are payable on a plan which does not include finance, invoices are payable within 30 days of the date of invoice and payment should be made without any deduction or set off.
3.3 In the event of overdue payments, CCSL reserve the right to charge interest at the statutory rate of 8% above the base rate of the Royal Bank of England where sums have been overdue for a period of 40 days or more, and continuing both before and after any judgement.
3.4 Prices include VAT. However, if the rate of VAT changes between the date of the Plan and the reaching the Destination, CCSL will adjust the rate of VAT, unless the Client has already paid in full before the change in the rate of VAT takes effect.
3.5 Where the Client has opted for a finance package to fund the Funeral Plan, a separate credit agreement shall be provided to the Client between CCSL and the Client detailing the terms for credit and repayment options.
3.6 Finance facilities are subject to checks and at the discretion of CCSL. Finance is not applicable to purchases made through the CCSL website(s).
3.7 Where the Client has a Funeral Plan Scheme in place, the Plan shall be made in accordance with the Funeral Plan Scheme.
3.8 Finance Plans may be purchased online by creating an account with CCSL. Payment is taken via Sage Pay and can be paid in full, upfront.
3.9 We accept payment by credit card and debit card – payments to CCSL by credit card will incur a surcharge.
|Visa Personal Credit Card||1.6%|
|Visa Business Credit Card||1.9%|
|MasterCard Personal Credit Card||1.6%|
|MasterCard Business Credit Card||1.9%|
4.1 CCSL offers a Funeral Plan Scheme to all Clients, which enables them to invest into pre-paying and pre-arranging a funeral.
4.2 Where a Funeral Plan Scheme is taken out, CCSL shall freeze all Charges so that they remain the same as they were on the day the Funeral Plan Scheme was started.
4.3 CCSL offers three (3) levels of Funeral Plan Scheme; Standard, Traditional and Sterling. Each scheme provides a different level of Service and the Client has the option of up-front payment or monthly instalments. Details of each scheme can be provided by contacting CCSL.
4.4 CCSL reserves the right to amend, adjust or cancel a scheme at any time. In the event that a Funeral Plan Scheme is amended or cancelled CCSL shall promptly inform the Client of any way(s) in which this may affect them.
5.1 Where the Client has purchased or ordered for purchase, a tangible item (such as coffins or urns), the Client may cancel such order within 14 days of the order being agreed and accepted by CCSL.
5.2 Due to the likelihood of the item being purchased being custom made, CCSL are unable to provide a full refund of the item, but shall offer a partial refund after 14 days. In the event that the item has not been custom made and is re-saleable, then a full refund shall be issued, within 28 days of request.
5.3 Faulty Goods or those which are incorrect must be returned within a reasonable timeframe from the time of purchase. A reasonable time shall be determined by how obvious the fault is amongst other things.
5.4 Refunds shall be made within 28 days from the date of receipt by CCSL, of the Goods.
6.1 Where the Client has ordered or purchased tangible Items, CCSL shall provide the Client with an estimated cost of delivery. These charges shall vary depending on the Item size, weight, value and delivery destination.
6.2 In the event that delivery is unsuccessful by the courier and contact is not made within a reasonable timeframe for redelivery, a redelivery fee shall be incurred.
6.3 Occasionally the delivery may be affected by an act of Force Majeure. See clause 8 for our responsibilities when this happens.
6.4 If CCSL are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, they shall deliver the Order in full, when the entire Order is ready for shipping.
6.5 The Client may cancel their Order straight away if any of the following apply:
(a) CCSL have refused to deliver the Goods; or
(b) The Client informed CCSL before the Order was accepted that delivery within the delivery deadline was essential.
6.6 Delivery of an Order shall be completed when CCSL deliver the Item(s) to the address provided (or a carrier organised by the Client collects the Item(s)) and the Item shall be the Client’s responsibility from that time.
6.7 The Client own the Item(s) once CCSL has received payment in full.
7.1 If CCSL fail to comply with these Terms, they are responsible for loss or damage suffered that is a foreseeable result of their breach of the Terms or negligence, but they not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it was contemplated by both parties at the time they entered into this contract.
7.2 The Deceased together with any jewellery or personal effects which form part of the Deceased’s estate shall be carried at the Clients risk.
7.3 CCSL shall only be liable to the Client where it causes, by its negligence or wilful misconduct, delay in the delivery of the Deceased to the Destination.
7.4 CCSL shall not be liable to the Client or deem to be in breach of the Contract for any reason if the breach of Contract has been due to any event of Force Majeure or omissions of any third party.
7.5 The maximum liability of CCSL to the Client for any sentimental or direct loss arising out of a series of linked events or omissions shall be limited to the value of CCSL’s Charges.
8.1 Force Majeure means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.2 CCSL will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under these Terms that is caused by Force Majeure.
8.3 If an act of Force Majeure takes place that affects the performance of CCSL’s obligations under these Terms:
(a) CCSL will contact the Client as soon as reasonably possible to notify them; and
(b) CCSL’s obligations under these Terms will be suspended and the time for performance of their obligations will be extended for the duration of the Force Majeure.
8.4 The Client may cancel the contract if an act of Force Majeure takes place and they no longer wish CCSL to provide the Service. CCSL will only cancel the contract if the Force Majeure continues for longer than 4 weeks.
CCSL may have to cancel a booking, due to an act of Force Majeure or the unavailability of a tangible item. If this happens:
(a) CCSL shall promptly inform the Client;
(b) if the Client has made any payment to CCSL for the Plan, this shall be refunded to the Client in full.
10.1 CCSL is registered in Edinburgh and registered and trading addresses can be found at the start of this Contracts.
11.1 CCSL may transfer their rights and obligations under these Terms to another organisation, but this will not affect any rights under the Contract or the obligations owed under the Contract.
11.2 No other person shall have any rights to enforce any of the terms herein.
11.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 These Terms are governed by English law. Both parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if the Client is a resident of Northern Ireland they may also bring proceedings in Northern Ireland, and if they are a resident of Scotland, they may also bring proceedings in Scotland.
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