Terms and Conditions
We provide our service dependent upon the following Terms and Conditions
When the following words are used in this Agreement, this is what they mean:
we or us or our means Simplicita Cremations, Westpark Chapel, Park Cemetery, Regent Avenue, Lytham St. Annes, FY8 4AB
Services means the services we provide to you;
you/your means the person who is entering into a contract with us, and agreeing to pay a fee to us, incorporating the terms and conditions below;
Cancellation Period has the meaning given in the section “Right to Cancel”;
DWP Funeral Grant means a payment offered by the Department of Work and Pensions intended to help pay for a funeral;
Fees means the fees set out in the section “Fees”;
By requesting our service you confirm that you: are authorised to make the cremation arrangements; are at least 18 years old; will accept responsibility for payment of our fees and all necessary disbursements (third party fees) to us as set out in our invoice.
By signing our acceptance document, you will be deemed to have accepted these terms and conditions. We are entitled at our absolute discretion to accept or decline your request to provide a cremation.
These Terms and Conditions relate to the method on which we will arrange and perform the direct cremation service you have chosen. They are subject to English law and you and we submit to the exclusive jurisdiction of the Courts of England and Wales for the resolution of any dispute arising from them.
In providing a direct cremation, you accept that it will not be possible for you to view the person who has died after we have taken the deceased into our care.
It is not possible to attend the cremation, which will be at a licensed crematorium of our choosing, and at a date and time of our choosing.
Our direct cremation service is available only where a person has died in mainland England or Wales. It is not available in Northern Ireland, Scotland, Isle of Man, Isle of Wight or the Channel Islands
Our service is not available where a person has died outside mainland Great Britain, unless repatriation services are arranged at additional cost or are available as part of a pre-existing insurance cover.
The services we offer may be subject to change dependent upon adverse weather conditions or elements beyond our control. They may also be influenced by bariatric considerations (where the deceased is of excessive size or weight), which in itself may preclude a cremation being possible. Our services are described generally within our website and publications.
Our Fees must be paid in full prior to the cremation taking place. Payment may be made by debit or credit card over the telephone, or by cheque or bank transfer.
If you intend to, or have make an application to the DWP for a funeral grant, it is important to be aware that you will be responsible for payment of all our charges, which must be settled prior to the cremation. Additional charges for administration or mortuary storage may apply where delays are caused by this process.
The total fee payable to us for the direct cremation will depend on the chosen package and any necessary disbursements (third party fees). Our full list of fees appear on our website or current price list which includes options such as removal of the deceased from a non-hospital environment, requirement for a larger than usual coffin, removal of pacemaker, defibrillator or other such device, or the return of the cremated remains.
VALUABLES AND PERSONAL EFFECTS
Where jewellery or valuables are on or about the deceased, we ask that you remove such items before collection. Should you wish to leave any jewellery or valuables with the person who has died you will be doing so at your own risk.
Where any such items are intended to be cremated with the deceased, then we ask that this is clearly indicated within the documents we will provide for you to sign.
Where you have requested the return of valuable items, we will make every effort to return them to you by post or courier service. To avoid the risk of loss or damage to the items or valuables of the person who has died, you can collect the items in person, should you so wish.
Do not assume that we are aware of jewellery or other valuables on or about the person who has died.
Even if we are aware of them we cannot accept responsibility for their safekeeping.
We are generally not able to collect or return items of a personal nature (i.e. clothing etc) except where exceptional arrangements have been agreed.
OUR LIABILITY TO PROVIDE A DIRECT CREMATION
If we do not provide a satisfactory service and which is contrary to these Terms and Conditions, we will be responsible for (and only for) any loss or damage you suffer that is a foreseeable result of our failing to adhere to our agreed terms or our negligence.
We do not exclude or limit in any way our liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or external suppliers; fraud or fraudulent misrepresentation; and any other liability that cannot be limited or excluded by law. Otherwise, our total liability to you for any breach of these Terms or negligence relating to provision of our service is limited to a sum equivalent to the total amount payable by you to us under this Agreement.
Your statutory rights are not affected by any statement contained in these Terms and Conditions. Your rights are not affected by any provision which may have the effect of limiting our liability to you in the event that any service we provide is defective or fails to correspond with the description of the services we have provided.
Where ashes (cremated remains) are to be collected from us or the crematorium by the applicant or their agent, our responsibility or that of the crematorium for their safe-keeping ceases upon collection. Where a courier service is utilized, our responsibility for the care of the ashes (cremated remains) ceases upon collection by or delivery into the care of the courier. All such collections and deliveries by courier services are subject to the couriers own terms and conditions. We do not accept any responsibility for damage, loss, late or non-delivery or any other unforseeable situation. It is unusual for any ferrous materials to remain within the cremated remains, such as items that provide the integrity of the cremation coffin construction, however this may occur. As cremated remains are returned to the applicant or their agent as received by us from the crematorium, we accept no legal or pecuniary responsibility whatsoever should this occur.
We will use the personal information you provide to us to provide you with the Services we offer, to inform you about our products and services; to process payment of the fees.
Other than as stated above, we will not give your personal data to any other third party unless required to do so by law or regulation; or with your permission to share your information with other necessary third parties.
RIGHT TO CANCEL
Unless you have signed a derogation opting-out of the 14 day cooling-off period required by the UK consumer Law (the Cancellation of Contracts made in the Consumer’s Home or Place of Work Regulations 2008 as amended June 2014) and have paid our fees, you have the right to cancel this arrangement for a full refund.
If you wish to cancel this arrangement, and have not paid our fees, your right to do so can be exercised by notifying us within the cooling-off period, using our postal address or email address below.
You shall be unable to cancel this arrangement for a full refund after we have commenced providing our service, even where this is during the 14 day cooling-off period.
By contacting us (including via the website, email or by telephone) and requesting our services, you give us authority to carry out the services and you acknowledge and accept that we may begin performing the services before the end of the cooling-off period.
IF YOU HAVE A COMPLAINT
If you wish to complain to us, please contact us at the address below. We will endeavour to acknowledge your complaint within 2 working days.
Simplicita Cremations Limited
0800 689 0343
Simplicita Cremations are full members of the National Association of Funeral Directors (NAFD) and follow their Code of Practice. Should you be dissatisfied with our response to your complaint, you can take the matter further by contacting them at:
Terms & Conditions at 01/7/20