LIFE TREASURY LIMITED | HOME BOOK | TERMS & CONDITIONS FOR INDIVIDUALS AND FOR BEREAVED FAMILIES (“T&CS”)
These T&Cs comprise Section A: Terms of Purchase and Section B: The Life Treasury Home Book. Both sections are equally important.
SECTION A: TERMS OF PURCHASE
1. THESE T&CS
1.1 What these T&Cs cover. These are the terms and conditions on which we supply products to you, whether these are goods or services. When were refer to products we are referring to our Life Treasury Home Books (LTHBs) including the memory book that is inside the LTHB (the Memory Book), as well as any related goods and/or services we provide.
1.2 Why you should read them. Please read these T&Cs carefully before you complete the attached order form (the Order Form) to submit your order to us. These T&Cs tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these T&Cs or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Life Treasury, a company registered in England and Wales. Our company name is Life Treasury Limited, our company registration number is 10527650 and our registered office is at c/o Wilkin Chapman LLP, The Maltings, Brayford Wharf East, Lincoln, Lincolnshire LN5 7AY. Our registered VAT number is 310517842.
2.2 How to contact us. You can contact us by telephoning our service team at 01628 290502 or by writing to us at:
2.2.1 Your appointed Funeral Director email address as per the cover sheet of these terms or email@example.com;and
2.2.2 Your appointed Funeral Director address as per the cover sheet of these terms or Life Treasury, PO BOX 4960, Maidenhead, SL60 1ND.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us on your Order Form.
2.4 "Writing" includes emails. When we use the words writingor writtenin these T&Cs, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order for our goods and services. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for any of our products. This might be because our LTHBs are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours of our LTHBs accurately and the appearance of the Memory Book accurately in the proof sent to you for approval in accordance with Section B, clause 1.2, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your bespoke LTHB may vary slightly from those images.
4.2 Making sure that your details and (if applicable) those of your beloved one, are accurate. Please note that you are solely responsible for ensuring that your details/those of your loved one (if you are applying on behalf of a friend/family member) are accurate for the purposes of creating the LTHB. Please check carefully the details you have provided to us, to ensure that all names, and any wording provided for the LTHB, are accurate and free from typos. See Section B, clauses 1.1 and 1.2 for further details.
4.3 Making sure any Memory Book photographs are high resolution. As we will be tailoring the LTHB to your requirements (including using the photographs and text you send us for the Memory Book), you are responsible for ensuring that those photographs are sent with as high a resolution as possible and that the text provided is correct. You can find information and tips on how to create the Memory Book in our brochure, on our website, in the instructions in the link we will send you to create the Memory Book (see Section B, clause 1.2 for further details) or by contacting us.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please see Section B, clauses 1.1 and 1.2 for further details of our charges for certain changes.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change any product to:
6.1.1 reflect changes in relevant laws and regulatory requirements should there be any changes to, for example, the rules governing the storage of people’s ashes and related objects; and
6.1.2 implement minor technical adjustments and design changes, for example that photographs for the Memory Book are made smaller or their resolution is changed. These changes will not affect the function of the LTHB or how it is able to be used.
7. PROVIDING THE PRODUCTS
7.1 Are there any charges for delivery?All costs of delivery within the UK (including to our appointed funeral director or other relevant authorised agent) are included within our prices for the products.
7.2 When we will make our products available. During the order process we will discuss with you and let you know the estimated date by which we will make available to you the LTHB for collection from our appointed funeral director (or other relevant authorised agent) (the Collection Appointment.
Please note that we need at least:
7.2.1 15 working days from the later of:
(a) receipt of your Order Form (once fully and accurately completed); and
(b) the date of death of the person named on the LTHB,
(c) receipt of your full payment
and in any case at least 5 working days after the cremation to make available the LTHB for collection at the Collection Appointment; and
7.2.2 7 working days from your approval in writing of the proof Memory Book (in accordance with Section B, clause 1.2) for it to be available for collection from our appointed funeral director (or other relevant authorised agent). We strongly advise you to approve the Memory Book in writing as soon as possible, in order for it to be available alongside the LTHB at the Collection Appointment.
7.3 We are not responsible for delays outside our control. If our supply of a LTHB is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products for which you have paid for but have not yet been manufactured.
7.4 If you do not attend agreed appointments. If you do not collect the LTHB as arranged, we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection by you we may end the contract and Section A, clause 9.2will apply.
7.5 Your legal rights if we deliver late. You have legal rights if we provide any products late. If we miss the deadline for supplying a LTHB or a Memory Book then you may treat the contract as at an end straight away if any of the following apply:
7.5.1 we have refused to supply the products;
7.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.5.3 you told us before we accepted your order that delivery of the LTHB and/or the Memory Book by the Collection Appointment was essential.
7.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Section A, clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Section A, clauses 7.5or 7.6, you can cancel your order for any of the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.8 When you become responsible for the LTHB. The LTHB (including the Memory Book) will be your responsibility from the time you collect it at the Collection Appointment.
7.9 When you own the LTHB. You will own the LTHB once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply our products to you, for example, the information required to put together the LTHB and the Memory Book. If so, this will have been stated on our Order Form or in the description of the products in our brochure or on our website. We will contact you to ask for this information if it is not completed on the Order Form. If you do not give us this information within a reasonable time of our asking for it (and at the latest by the deadlines stated in Section A, clause 7.2), or if you give us incomplete or incorrect information, we may either end the contract (see Section A, clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result (see Section B, clause 1.1). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by your not giving us the information we need within a reasonable time of our asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.11.1deal with technical problems or make minor technical changes; or
7.11.2make changes to the product as requested by you or notified by us to you (see Section A, clause 6).
7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Section A, clause 11.4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you that we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Section A, clause 11.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Section A, clause 11.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see Section A, clause 10, If there is a problem with the products).
8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at Section A, clauses 8.2.1 to 8.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
8.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.2 there is a risk that supply of the products may be delayed significantly because of events outside our control;
8.2.3 you have a legal right to end the contract because of something we have done wrong (but see Section A, clause 7.5in relation to your rights to end the contract if we deliver late).
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in Section A, clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we will deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Please note that no LTHB charges will be refunded as this is a bespoke product. Therefore, any refund will be made in our absolute discretion, but without any obligation on us to make any refund.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due (i.e. if for any reason your payment is rejected and we are not aware at the time, or is later reversed) and you still do not make payment within 5 days of our letting you know that payment is due;
9.1.2 you do not, within a reasonable time of our asking for it, provide us with information that is necessary for us to provide the products, for example, confirmation of the details of you or your loved one (as applicable) to be included in the LTHB, should for example we have any queries regarding the information included on the Order Form;
9.1.3 you do not, within a reasonable time, collect the LTHB from us as arranged at the Collection Appointment;
9.1.4 you are in breach of any of the terms of Section B, clause 2.4; or
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Section A, clause 9.1we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur (including but not limited to our cost to manufacture your bespoke product) as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCTS
10.1 How to tell us about problems. If you have any questions or complaints about your LTHB, in the first instance please speak to our appointed funeral director (or other relevant authorised agent) as per the cover sheet of these terms. If they are unable to resolve your question or complaint within 14 days of making contact then please contact us. You can telephone our customer service team at 01628 290502 or write to us firstname.lastname@example.org and Life Treasury, PO BOX 4960, Maidenhead, SL60 1ND.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these T&Cs will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06.
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example a support contract for a boiler or tickets to a concert, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage (please contact us for details) or collection. If a LTHB contains human ashes, it must never be sent in the post; please contact us to discuss the best way to carry out a return.
10.4 Alternative Dispute Resolution.If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without your having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolutionplatform at https://ec.europa.eu/consumers/odr.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of products advised to you is correct. However please see Section A, clause 11.3for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11.4 When you must pay and how you must pay. We will advise you prior to your making payment of the payment methods which we accept (these will vary between our appointed funeral directors or other relevant authorised agents). For all of our products, you must payall of the purchase price in advance, before we commence the manufacture of your LTHB or Memory Book.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You can telephone our customer service team at 01628 290502 or write to us email@example.com. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Section A, clause 10.2.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing. We may not agree if, for example, that person is for any reason not permitted to enter the appointed Funeral Director/ agent.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these T&Cs 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.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything which you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These T&Cs are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
SECTION B: THE LIFE TREASURY HOME BOOK
1. THE LIFE TREASURY HOME BOOK (LTHB)
1.1 Correct spelling of name and dates. You are solely responsible for providing us with the correct spelling of the name which is to appear on the LTHB cover on the Order Form, in the format of:
1.1.1 First name;
1.1.2 Middle Initial(s) (if any);
1.1.3 Surname; and
1.1.4 Date of Birth (DD.MM.YYYY)
1.1.5 Date of Death (DD.MM.YYYY)
We will use those Order Form details stated by you, for the LTHB cover. Any changes that are required to be made to a LTHB after it has been created, will incur a fee of £150.00 (to cover our costs in re-printing and re-binding the LTHB, redelivery and administration time). If we have set up for printing but not yet printed, we will charge you a reasonable administrative fee to make the changes to the LTHB.
1.2 Memory Book. We will send you:
1.2.1 a personalised URL to a secure landing page in order for you to create your Memory Book using our book-builder software which allows you to add photographs and customise text, using the instructions provided. When you have finished customising your Memory Book, you must click “finish” and approve the proof to submit to us.Once the proof has been accepted, we will print the Memory Book. Any changes to a Memory Book after your approval of the proof will incur a charge of £45.00. If we have set up a Memory Book for printing but not yet printed it, we will charge you a reasonable administrative fee to make the changes to the Memory Book.
1.2.2 Should you require assistance with the creation of your Memory Book, we advise a family member or friend to be sought for assistance. In the event of there being no support available, please contact Life Treasury on 01628 290502 or firstname.lastname@example.org support can be provided at the additional cost of £25.00 per hour.
1.3 Pre-purchase Home Books. You will receive a link to your personalised URL for creation of your memory book and a certification of purchase along with instructions for your family to arrange delivery of your LTHB after your death. This is so that your Date of Date can be recorded on the spine of the book. Should you wish to receive your LTHB immediately after purchase (prior to your death), please email email@example.com call 01628 290502 and this can be arranged, however, after your death, your next of kin will be required to return the LTHB to Life Treasury to complete the Date of Death on the spine of the book. This will incur an additional administrative, production and delivery fee from our published price list at the time, which will be approximately £50.00 in 2019 adjusted for inflation based on the consumer price index. This can be paid at the time of purchase to secure the price and for ease on your relatives.