These terms and conditions set out the terms by which Bare Funerals UK Limited (referred to in these terms and conditions as ‘Bare Funerals, ‘we’, ‘us’, or ‘our’) provides a funeral, cremation or other related service (Funeral Service) to you, being the person who buys a Funeral Service. Bare Funerals UK Limited is a company registered in England and Wales, with company registration number 13848575 and whose registered office is at 95a Bromsgrove Road, Romsley, Worcestershire, B62 0LE.
By submitting an Instruction Form, or by completing payment for a Funeral Service, or by otherwise indicating your asset to these terms after being made aware of them, you agree to be bound by these Terms & Conditions as a binding contractual agreement. The Funeral Schedule and Instruction Form referred to in these terms are incorporated into and form part of this agreement. If there is any ambiguity between the documents, the terms set out in these Terms and Conditions take precedence over the others.
Terms and Conditions
1. Key Terms
In addition to the terms defined in bold in these terms, the following words and phrases have the following meanings:
- (duration of these terms) These Terms commence on the date you accept these Terms, and will continue in force until terminated or cancelled in accordance with its terms.
- By engaging us to provide you with a Funeral Service, you represent and warrant that you are over 18 years of age; or
- The funeral provided under a Funeral Service must be conducted in the mainland of Great Britain, and the Funeral Service does not extend to conducting a funeral on places that are not on the main island (e.g. the Isle of Man, the Channel Islands, the Isle of Wight, and the Isles of Scilly).
- You or your Personal Representative(s) (as applicable) must provide us with all documents, forms and certificates reasonably requested by us to enable us to perform the goods services set out in the Funeral Service. Failure to do so may cause delays, for which we will not be liable.
3. The Service
- In consideration for your payment of the fees set out in the Funeral Service Schedule (Fees) and subject to sub-clause (b) and (c), we will provide you, the Covered Person and the Personal Representative with the Funeral Service as per the specifications set out in the Funeral Service Schedule.
- The rights and benefits set out in the Funeral Service will be held by you, the purchaser of the Funeral Service. Even if the Funeral Service is purchased for a Covered Person who is not you, the rights and benefits set out in the Funeral Service will be held by you (and not the Covered Person) as the contracting party and Bare Funerals will have no contractual relationship with the Covered Person.
- Any services to be provided under the Funeral Service will be provided by personnel appointed by us in our absolute discretion, provided that the relevant personnel provide the relevant services with due care and skill.
4. Service Inclusions
The Service only includes the goods and services specifically set out in the Funeral Service Schedule.
For the avoidance of doubt, it does not include:
- embalming, visits to a funeral director, viewing of the deceased, a procession with a hearse and limousines, or a minister or celebrant, floral tributes, newspaper obituaries, service stationery and memorials; and
- the costs of repatriation from outside mainland Great Britain.
If these goods are services are required, these must be organised by the Personal Representative. We may be able to assist with some of these services, for an additional fee paid separately at the time of the funeral.
We reserve the right to also invoice you for any additional charges for expenses reasonably incurred while carrying out the Funeral Service which are not covered in the Funeral Service Schedule, including:
- the removal of mechanisms such as pacemakers, which must be removed prior to a cremation;
- any doctor or coroner fees that we are asked to pay on your behalf for the issue of death or cremation medical certificates;
- any adjustments to prices that reflect the additional cost to us of any change in regulations, tax, laws or generally accepted practice, and which affect the conduct of the funeral covered under the Funeral Service.
5. Cremation Location
The crematorium where the cremation occurs will be selected by us, with regard to the chosen resting place of the deceased individual.
6. Change of Details
- The Funeral Service Schedule will specify:
- the agreed venue for the funeral; and
- the contact details we have on record for you and the Covered Person.
- In the event that any of the above details change, or if you would like them to change, you must notify immediately us at the address set out in the Contact Us section of these T&Cs:
- We’ll invoice you for the agreed fees for the Funeral Service, which you must pay within 7 days of the date of the invoice (Due Date), unless otherwise agreed by us in writing.
- If you fail to pay us, in full, by the Due Date we may:
- charge you interest on the amount outstanding at a rate of 8% per annum, calculated (on a daily basis) from the Due Date until the date you make full payment, compounding monthly; and
- choose to stop providing the Funeral Service, in whole or in part, until you pay us in full.
8. Cancellation by You
- You have 14 days from the date of booking (Cancellation Period) to decide that the arrangements you have made meet your requirements and that you do not wish to cancel the Funeral Service. If you do decide to cancel the Funeral Service, you must:
- notify us by completing and returning the cancellation form which will be provided to you with the Funeral Service Schedule; or
- otherwise notify us in writing, by telephone or by email using the details set out in the “Contact Us” section at the end of these terms.
- Any notification of cancellation should specify all of the following details:
- The Funeral Service number;
- the full name and address of the Covered Person;
- the Covered Person’s date of birth;
- a telephone number and/or email address for contact purposes should there be any issue with the cancellation.
There may be additional security questions where the Funeral Service is cancelled by telephone or by e-mail.
- Provided we receive such notification during the Cancellation Period, we will refund all the money you have paid within 14 days of us receiving notification of cancellation.
- If you wish to cancel the Funeral Service at any time after the 14 day Cancellation Period, we will refund all money you have paid, less a cancellation fee of £195, within 14 days of us receiving such notification of cancellation.
9. Cancellation by Us
- We may cancel the Funeral Service by giving notice to you if:
- an invoice remains unpaid after it is due;
- a funeral director is appointed independently by you who is not part of our approved network;
- the funeral is to be conducted outside mainland Great Britain; or
- the funeral cannot be performed because of circumstances outside our control (for example war, terrorism, riot or the occurrence of a pandemic or epidemic, or a decision of a governmental or regulatory authority)
- If we cancel the Funeral Service for any of the above reasons, we will refund any money you have paid, less the £195 cancellation fee, and we will have no further obligations to provide the goods or services set out in the Funeral Service.
- If we cancel the Funeral Service at our convenience, which we may do at any time in our absolute discretion by notice to you, there shall be no cancellation fee and we will provide a full refund.
10. Changes Requested by You
You may propose a change to the Funeral Service, but no change will take effect unless it is agreed in writing by us. Please use the contact details set out in the “Contact Us” section to propose a change.
11. Changes we may make
- If any of the goods or services provided under the Funeral Service are not available at the time of the funeral, we will offer to you provide with alternative good or service of at least equal quality and value at no further charge.
- We may also make any changes we deem reasonably necessary to the goods or services to be provided under the Funeral Service (including reducing or removing any part of the goods or services or making any other alteration in the type of services provided), as a result of circumstances arising which are outside our control or outside the control of our personnel (for example war, terrorism, riot or the occurrence of a pandemic or epidemic or the decision of a governmental or regulatory authority).
- To the extent that we make any such changes so that the goods or services provided under the Funeral Service are of reduced quality or capacity to the original services that would have been provided, we may (at our discretion) reduce the price of the Funeral Service by an equitable amount, and in such case, we will refund any such amount that you have already paid. Any refund will be made to you or your estate (as applicable).
- If you do not agree to the alternative arrangements, we may cancel the Funeral Service and refund to you any monies paid to date (taking into account any refund due), less a £195 cancellation fee. We may in our sole discretion agree to waive the cancellation fee in certain circumstances, for example where the alternative arrangements are materially different to the services that would otherwise have been provided under the Funeral Service.
12. Contact Us
For any notices to be provided under this agreement, you can contact us using the below details:
Bare Funeral Services UK Limited:
- Telephone: 0808 258 3583
- Email: email@example.com
13. VAT & CRA
- (vat) VAT is not currently charged on a funeral service. However, if VAT or any other form of tax becomes chargeable on a funeral service or part of it in the future, you or your Personal Representative must pay the VAT or additional tax at the time of the funeral.
- (consumer rights) Nothing in this agreement is intended to limit the operation of the Consumer Rights Act 2015 (the Act). Under the Act, you may be entitled to certain remedies and cancellation rights.
14. Disclaimers & Limitation of Liability
- Nothing in this agreement shall exclude or limit our liability for fraud or intentional unlawful conduct by us, or death or personal injury resulting from our negligence.
- To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
- To the maximum extent permitted by the applicable law, neither us, nor any of our employees, contractors, officers or agents (Personnel) will be liable to you for:
- any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Personnel have been advised of their possible existence, arising in connection with this agreement; nor
- any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings, arising in connection with this agreement.
- To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under this agreement, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
- Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage or expense arising out of this agreement, you agree that our maximum liability to you shall be limited to the amounts paid by you to us under this agreement.
- (governing law and jurisdiction) This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter.
- (third party rights) This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- (waiver) No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- (severance) Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
- (joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
- (assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
- (entire agreement) This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.