1. THESE TERMS
TERMS AND CONDITIONS
1.1 What these terms cover. These are the terms and conditions on which services are provided for the interment of human cremated remains within a Barrow at the Site (called Services). More details relating to these Services are set out below.
1.2 Why you should read them. Please read these terms carefully before you sign the Niche Agreement. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. THE SERVICES
2.1 The Services allow persons/other entities (known as Niche Owners) to place (inter, interment, in context) a container (called an Urn or a Capsule) holding the cremated remains of deceased person(s) (the Deceased) in a designated space (a Niche) in a barrow/mausoleum structure (called a Barrow) at any Stones Stones’ Site.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 W h o w e a r e . The Site is operated by Sacred Stones’ wholly owned subsidiaries and the Landowner(s) and their ownsubsidiary company(s). Together we are referred to as the Site Owner.
3.2 How to contact us. You can contact us by telephoning at 01234 780 280 or by writing to us at Building 109, Bedford Technology Park, Thurleigh, Bedfordshire, MK44 2YP or by email at [email protected]
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us in your application. N.B. ‘Writing’ includes emails.
4. FORMING A CONTRACT
4.1 The legal documentation. The legal arrangements for the provision of Services are set out in the following two
- (a) a separate formal written agreement between you, as Niche Owner, and us, the Site Owner, under which you will be granted the right to use and access a Niche or Niches for a defined period (this is called a Niche Agreement); and
- (b) the terms and conditions set out in these terms, including the Site Rules, which appear in the Schedule at the end of these terms.
4.2 How you make a contract. If you wish to use the Services you will be required to sign a Niche Agreement and pay the required charges (called Charges) by cheque, or BACS payment.
4.3 When you have signed the Niche Agreement and returned it to us you accept that a contract will come into existence once the Site Owner has also signed the Niche Agreement. The Services will be provided subject to both the Niche Agreement and to these terms.
- YOUR RIGHTS TO MAKE CHANGES Once the Niche Agreement has been signed it will not be possible to make any changes without our agreement. If you do wish to make a change, please contact us. We will let you know if the change is possible. If so, we will let you know about any changes to the price payable, any fee for making the change, the timing 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. If we cannot make the change or the consequences of making the change are unacceptable to you, the provisions of the original Niche Agreement will remain binding.
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Services. We may change our Services:
- (a) to reflect changes in relevant laws and regulatory requirements and codes of practice; and
- (b) to implement technical adjustments and improvements, for example to our Site Rules. These changes will not materially affect your use of the Services.
7. PROVIDING THE SERVICES
7.1 When we will provide the Services. The Services will be provided for the duration of the Niche Agreement or until youend the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
7.2 We are not responsible for delays outside our control. If the supply of the Services is delayed by an event outside our control then 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.
7.3 What will happen if you do not give the required information to us? We will not be responsible for a failure to supply any part of the Services if this is caused by you failing to fully complete the Niche Agreement or by giving us inaccurate information in the Niche Agreement (or failing to provide the information needed within a reasonable time of us asking for it).
7.4 We may also suspend the supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 11.2) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts and/or terminate the Niche
Agreement. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 11.3).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Ending your contract with us. Your rights when you end the contract will depend whether there is anything wrongwith the Services we are performing and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(b) If you have just changed your mind about the Services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately. The reasons are:
(a) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(b) you have a legal right to end the contract because of something we have done wrong;
(c) you have the legal right to end the contract because of provisions in the Niche Agreement.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). Where you are a consumer, or where you have applied for our Services online or away from our trade premises, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
8.4 How long do I have to change my mind? You have 14 days after the day that the Niche Agreement has been signed by both parties to change your mind.
8.5 How we will refund you. Where we are required to refund you, we will do so using the same method you used for payment. However, we may make deductions from the price, as described below.
8.6 When your refund will be made. We will make any refund due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you breach it. We may end the Niche Agreement at any time by writing to you if
- (a) you do not make any payment when it is due and you still do not make payment within 14 days of a reminder you that payment is due;
- (b) you do not comply with the Niche Agreement;
- (c) you do not comply with these Terms and Conditions and the Site Rules.
9.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 9.1 you will not be refunded any Charges you have paid for the Services, and we shall be entitled to charge an administration fee. In addition, you shall be responsible for the costs of removing the Urns from the Niche.
9.3 We may end the contract if the Barrow is no longer available. We may also end the Niche Agreement at any time by written notice to you if the Barrow is no longer available due to circumstances beyond our control.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us on telephone number 01234 780 280, email: [email protected], or write to us Building 109, Bedford Technology Park, Thurleigh, Bedfordshire, MK44 2YP.
10.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with the contract. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key 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.
Where you are receiving services, for example, 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.See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11. PRICE AND PAYMENT
11.1 Where to find the price for the Services. The price of the Services (which shall include VAT where appropriate) willbe the price detailed in the Niche Agreement.
11.2 When you must pay and how you must pay. We accept payment by cheque, or BACS. You must pay all charges due under the Niche Agreement within 30 days after the date of the invoice. If you wish to ‘reserve’ a niche and pay a deposit, the balance will be due within 30 days after receipt of the deposit (Except if the deposit is placed during the construction of your chosen barrow, in which case see separate deposit policy).
11.3 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.
11.4 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 and we will not charge you interest until we have resolved the issue.
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 terms and the Niche Agreement, we are responsible (on a joint and several basis) for loss or damage you suffer that is a foreseeable result of our breaking the 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 before signing the Niche Agreement.
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; or for breach of your legal rights in relation to the Services.
12.3 We shall not be liable to you or any other party for any loss, damages, costs, expenses or other claims in relation to any Niche or any cover stones or any of your articles or personal effects at the Site unless caused by our negligence or wilful misconduct.
12.4 We are not liable for business losses. We only supply our Services for private use. You may not use the Services for any commercial, business or re-sale purpose and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 How we will use your personal information. We will use the personal information you provide to us: 5
- (a) to supply the Services to you;
- (b) to process your payment for the Services; and
- (c) if you agreed to this prior to signing the Niche Agreement, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
12.6 We will only give your personal information to other third parties where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to each other or 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.
13.2 You cannot transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person, save to your heirs and successors in title (which will include your executors or other administrators of your estate when you die). Such transfer will be effective only if we are notified in writing and with necessary supporting documentation as provided for in clause 27 of the Site Rules.
13.3 Nobody else has any rights under these terms. The contract is between you and us (or our assigns). No other person (save for your heirs and successors in title) shall have any rights to enforce any of its terms.
13.4 If a court finds part of these terms illegal, the rest will continue in force. 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.
13.5 Even if we delay in enforcing these terms or the Niche Agreement, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms or the Niche Agreement, 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.
13.6 Which laws apply to the contract and where you may bring legal proceedings. These Terms and Conditions and the Niche Agreement are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
These Site Rules are effective from 1st June 2016
Schedule Site Rules
- DEFINITIONS. The definitions used in these Site Rules should be read in conjunction with the definitions in the Niche Agreement, but such definitions are summarised in simple form in the following paragraphs.
- INTRODUCTION. Persons (known as Niche Owners) are permitted under a formal legal agreement (called a Niche Agreement) to place (inter/interment) a container (called an Urn or a Capsule) holding the cremated remains of deceased person(s) (the Deceased) in a designated space or spaces (a Niche) in a barrow/mausoleum structure (called a Barrow) at any Sacred Stones site (called the Site). The Site is managed by the Site Owner. The Niche Agreement with the Site Owner lasts for a specified duration called the Period.
- TYPES OF NICHE AND SINGLE CAPSULE. Niches are termed ‘Double or Standard’ (designed to hold two urns), ‘Large or Family’ (designed to hold up to five urns) and ‘Single Capsule’ (designed for one set of ashes, and comprising an ash container and capsule seal).
- SITE RULES PREVAIL. These Site Rules apply to all Niche Owners, regardless of any terms, which any Niche Owner may seek to impose.
- CHANGING THE SITE RULES. The Site Owner reserves the right to vary these Site Rules at any time by written notice to a Niche Owner, provided that such changes will not materially prejudice the Niche Owner’s use of the Niche.
- NO EXCLUSIVE RIGHTS. The Niche Agreement does not create any right of exclusive occupation nor any interest in land for the Niche Owner at the Site.
- CHANGES TO THE SITE. The Site Owner has absolute discretion in relation to the landscaping, layout, design and to any alterations or building from time to time at the Site and of all Niches within the Barrow, and may develop, move or extend any part of the car park (or vary the access to it or the Barrow) and/or Barrow at any time as the Site Owner may think fit.
- CONDUCT OF EVENTS. If the Niche Owner wishes to carry out any ceremony, activity or other event (E v e n t ) at the Site at any time, including in relation to Interment of any Deceased or placement of any Urns, the Niche Owner shall be required to seek the Site Owner’s prior consent by giving the Site Owner reasonable prior written notice (and in any event not less than 14 days prior to the proposed Event), giving details, including timing and approximate number of attendees at the Event. The Site Owner may impose such conditions on the Event as it requires or refuse consent to any such Event, in the Site Owner’s sole discretion, including (but not by way of limitation) an attendance charge (e.g. for the opening of the Barrow and associated management of the Event).
- CONTROL OF THE SITE. The Site Owner shall have full control over all Interments and placements of Urns carried out at the Site and may in its absolute discretion decline to permit access to the Site to any funeral director or other person or body concerned with the provision of funeral or related services. In particular the Site Owner may close the Site and the Barrow during private placements of Urns.
- ACCESS TO THE SITE. Access to the Site and exterior of the Barrow will be permitted on foot during the hours of 9am to 5pm each day, including weekends. The Site and the Barrow may be closed for maintenance from time to time or in the event of emergency or other circumstances beyond the Site Owner’s reasonable control, and as contemplated by paragraph 9 above.
- ACCESS TO THE BARROW. Access for niches owners and their families is allowed between 0900-1700 365 days per year provided a private placement service or maintenance is not taking place. Niche owners will be given the barrow gate security code once the niche agreement has been signed and payment received. Please review our website and or call us to ensure the barrow is not closed for a private placement or maintenance.
- CHARGES. Charges are payable by the Niche Owner without any right of set off within 30 days of the Site Owner’s invoice, unless the invoice from the Site Owner expressly specifies otherwise. All invoices from the Site Owner shall include VAT, where appropriate, at the applicable rate.
- NICHE COVERS. Each Niche shall bear a stone cover, which will be in the form provided by the Site Owner to the Niche Owner (at no additional cost to the Niche Owner). Such stone cover may be personalised by the Niche Owner who shall be responsible for organising and paying for the personalising and fitting of such personalised stone cover (or refitting if placing additional Urns into a Niche) The Site Owner will assist in sourcing a tradesman to provide this service, where requested.
- DECORATIONS. No headstone, stone cover (other than as permitted in paragraph 13 above) or other stone, vase, ornament, Urn markers (save as provided by the Site Owner), name plaques, decorations, wind chimes, jewellery, valuable items or any other structure or article shall be placed upon, around or within any Niche or within or outside the Barrow or on the Site at any time. The Niche Owner agrees and acknowledges that the Site Owner reserves the right to remove, without warning, any items which it deems inappropriate and that any items of value which are placed in the Niche, the Barrow or the Site whether or not in breach of these Site Rules, shall be at the risk of the Niche Owner.
- FLORAL TRIBUTES, No bulbs, plants or flowers (save as permitted in this paragraph) or any other form of wreath or foliage (real or artificial) shall be planted, placed or retained on or within any Niche or any part of the Site at any time without the prior written approval of the Site Owner. Natural (but not artificial) flowers, without packaging, may be placed within the Barrow but may be removed at the discretion of the Site Owner. The Niche Owner agrees and acknowledges that the Site Owner reserves right to remove, without warning, any such items which it deems inappropriate.
- PLACEMENT AND REMOVAL OF URNS. THE Niche Owner shall be responsible for the cost of the placing of each Urn into the Niche, and the removal and replacement of the stone cover on each occasion, which shall be at a time agreed in advance with the Site Owner. The Niche Owner will give written instructions to the Site Owner not less than three (3) months prior to the end of the Period as to what should happen to the Urn at the end of the Period, and in the absence of any such instructions at the end of the Period the Urn may, in the sole discretion of the Site Owner be removed from the Niche and the ashes strewn within the site of the Barrow. If the Niche Owner wishes to remove the Urn(s) before the end of the Period, and surrender the Niche, the Niche Owner may do so by giving at least three months’ written notice to the Site Owner. The Niche may then be resold by the Site Owner.
- RESPECTING THE SITE. The Niche Owner (and any person visiting the Site with the Niche Owner’s express or implied authority) shall respect the integrity of the Site and the adjoining land (which is private land and where no rights are granted save as provided in the Niche Agreement) and the rights of access, and the privacy of others visiting the Site and shall not act in a manner which causes or may cause loss, nuisance or inconvenience to the Site Owner, other Niche Owners, visitors to the Site or any landowners. The Niche Owner (and any person visiting the Site with the Niche Owner’s express or implied authority) shall remain within the boundaries of the Site.
- DOGS. The Niche Owner must not drop litter or allow any dog fouling at the Site. All dogs must be on a lead.
- ACCESS AND PARKING. The Niche Owner shall only use the access ways shown on the Plan for the purposes of visiting the Site and shall only park vehicles in car parking spaces designated by the Site Owner from time to time. The Niche Owner shall not, and shall procure that any accompanying visitors to the Site shall not, park in such a way as to obstruct or interfere with any means of access provided by the Site Owner from time to time for the benefit of the Niche Owners. For the avoidance of doubt, vehicular access is only permitted to the parking area. Any vehicular access to the Barrow is only by arrangement with the Site Owner which permission can be withheld at the Site Owner’s entire discretion.
- CLIMBING THE BARROW. The Niche Owner shall not (nor shall the Niche Owner permit any person visiting the Site with the Niche Owner’s express or implied authority to) climb the mound forming part of the Barrow or to place any item on it. The Niche Owner shall be responsible for all costs of repair of any damage by the breach (and all costs and expenses of the Site Owner in enforcing any such breach) of this or any other condition.
- SITE OWNER’S DISCRETION. The Niche Owner acknowledges that the Site is in the exclusive management of the Site Owner and that the Site Owner shall have absolute discretion in permitting access to the Site to any party at any time.
- MAINTENANCE OF REGISTER. The Site Owner shall maintain a register of ‘placement’ of the Urns, and their locations within each Niche, which shall be open for inspection by the Niche Owner upon reasonable notice being given in writing.
- IDENTIFYING NICHES. The Site Owner shall maintain a record of the Niche numbers allocated to the Niche Owner.
- CONTACT DETAILS. The Niche Owner shall keep the Site Owner updated with all relevant contact details (including alternative/secondary contact details). All contact and other details given to the Site Owner must be up to date and accurate and the Site Owner shall not be liable for any issues arising through the Niche Owner’s failure to comply with this paragraph.
- LIABILITY FOR ITEMS AT THE SITE. The Site Owner shall not be responsible for any personal effects, jewellery or other items left at the Site by the Niche Owner or any third party. Leaving any items at the Site, whether in an Urn, Niche or otherwise, shall be at the risk of the depositor.
- DAMAGE TO BARROW. If the Barrow is damaged (to the extent that it can no longer be operated or accessed) then the Niche Agreement shall be terminated. The Site Owner shall secure the area of the Barrow and preserve the same as a memorial area for the remainder of the intended period of the Niche Agreement.
- PROOF OF IDENTITY. If we are contacted by the Niche Owner, or anyone purporting to be the next of kin, or heirs or successors in title of the Niche Owner, such persons shall be responsible for establishing at their cost (to our reasonable satisfaction) their identity, and their relationship to the Niche Owner.
- BREACH OF THE SITE RULES. In the event that the Niche Owner (or any person visiting the Site with the Niche Owner’s express or implied authority) breaches any of these Site Rules, the Site Owner reserves the right to remove any Urns from the Niche and return them to the Niche Owner (or as directed by them) at the Niche Owner’s cost (or otherwise dispose of the Urn(s) and the ashes) and to terminate the Niche Agreement.