Terms and Conditions

1   Website terms and Conditions

1.1   What these terms cover. These are the terms and conditions on which we supply memorial goods and products ("products") to you on our website at www.celebrationoflifestore.co.uk.

1.2   Why you should read them. Please read these terms carefully before you submit your order to us. These terms 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.

2   Information about us and how to contact us

2.1   Who we are. We are Memoria Limited a company registered in England and Wales. Our company registration number is 06803359 and our registered office is at The Pool House Bicester Road, Stratton Audley, Bicester, Oxfordshire, England, OX27 9BS.

2.2   How to contact us. You can contact us by telephoning our customer service team at 01869 278780 or by writing to us at customerservices@celebrationoflifestore.co.uk.

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 in your order.

2.4   "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3   Our contract with you

3.1   How we will accept your order. Our acceptance of your order will take place when we email 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 the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.

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.

3.4   We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from (or deliver to) addresses outside the UK.

4   Our products

4.1   Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary slightly have a 2% tolerance.

4.2   Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3   Making sure your measurements are accurate. If we are making the product to your order, please make sure your measurements, spellings and other personalised details are correct. Once the products are personalised we cannot accept any return. Where we are customising or personalising a product, we may contact you to verify measurements, spelling or other personalisation.

5   Your rights to make changes

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. If we cannot make the change, we are not able to receive returns of personalised or customised products and you will remain liable for the price of the order placed.

6   Our rights to make changes

6.1   Minor changes to the products. We may change a product advertised and sold on our website:

6.1.1   to reflect changes required by laws and/or regulatory requirements; and

6.1.2   to implement minor technical adjustments and improvements to the products (which should not affect your enjoyment of the product).

7   Providing the products

7.1   Delivery costs. The costs of delivery will be as displayed to you on our website.

Delivery is FREE OF CHARGE to UK addresses. We only sell in the UK.

7.2   When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 42 days of the cremated remains arriving at point of production.

7.3   We are not responsible for delays outside our control. If our supply of the products 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, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4   We will use delivery services to ship products ordered. Our liability for delivery of products ordered ends when the product is made available to the delivery agents/ services; once the product is with the delivery agent/service, any delay in delivery shall be the responsibility and liability of the delivery agent/ services, and as far as we are concerned, any delay shall be treated as outside of our control (see 7.3 above). You have the right to terminate the contract with immediate effect if  we are responsible for:

7.4.1   refusing to deliver the goods ordered; or

7.4.2   a delay when delivery within the delivery deadline was essential and (i) the delay is caused by us (taking into account all the relevant circumstances) and (ii) you told us  before we accepted your order that delivery within the delivery deadline was essential.

7.5   Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.4, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on 01869 278780 or email us at customerservices@celebrationoflifestore.co.uk for a return label.

7.6   When you become responsible for the goods. A product which is goods will be your responsibility from the time it is delivered to the delivery address you specified in your order.

7.7   When you own goods. You own a product which is goods once we have received payment in full.

7.8   What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, some personal information such as names to be inscribed or choices of colours of products. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will not be responsible for supplying the products late or not supplying any part of them if this is caused by your delay.

7.9   Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.9.1   deal with technical problems or make minor technical changes;

7.9.2   update the product to reflect changes required by law and/or regulatory requirements;

7.9.3   make changes to the product as requested by you or notified by us to you.

8   Your rights to end the contract

8.1   You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1   If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

8.1.2   If you want to end the contract because of something we have done, see clause 8.2;

8.1.3   If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (and is not possible for customised or personalised goods) and you will have to pay the costs of return of any goods;

8.1.4   In all other cases (if we are not at fault and there is no right to change your mind)

8.2   Ending the contract because of something we have done. If you are ending a contract for a reason set out at 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 and you may also be entitled to compensation. The reasons are:

8.2.1   we have told you about an upcoming change to the product or these terms which you do not agree to;

8.2.2   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;

8.2.3   there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4   you have a legal right to end the contract because of something we have done wrong, including late delivery where we are clearly at fault.

8.3   Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online 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 in these terms.

8.4   When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

8.4.1   personalised or customised items you order that are made to your specifications;

8.4.2   products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

8.4.3   any products which become mixed inseparably with other items after their delivery.

8.4.4   Where you have bought goods or products, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8.4.5   Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) cost of production to us as compensation for the net costs we will incur as a result of your ending the contract.

9   How to end the contract with us (including if you have changed your mind)

9.1   Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1   Phone or email. Call customer services on 01869 278780 or email us at customerservices@celebrationoflifestore.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2   By post. Write to us at Memoria Ltd, The Pool House, Bicester Road, Stratton Audley, Oxfordshire OX27 9BS, including details of what you bought, when you ordered or received it and your name and address.

9.2   Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Memoria Ltd, The Pool House, Bicester Road, Stratton Audley, Oxfordshire OX27 9BS or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01869 278780 or email us at customerservices@celebrationoflifestore.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3   When we will pay the costs of return. We will pay the costs of return:

9.3.1   if the products are faulty or misdescribed;

9.3.2   if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

9.3.3   if you are exercising your right to change your mind.

In all other circumstances, you must pay the costs of return.

9.4   How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5   Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1   We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2   The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.6   When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.6.1   If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

10   Our rights to end the contract

10.1   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:

10.1.1   you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;

10.1.2   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, colours selection information or names for personalisation.

10.2   You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you cost price to us as compensation for the net costs we will incur as a result of your breaking the contract.

11   If there is a problem with the product

11.1   How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01869 278780 or write to us  at Memoria Ltd, The Pool House, Bicester Road, Stratton Audley, Oxfordshire OX27 9BS.

11.2   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 terms will affect your legal rights.

11.3   Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 01869 278780 or email us at customerservices@celebrationoflifestore.co.uk for a return label.

12   Price and payment

12.1   Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website and summarised at the time of placing your order and making online payment. You must make full payment (or make arrangements to make full payment using our third party payment provider) before we despatch the goods.

12.2   When you must pay and how you must pay. We accept payment online [using our third party payment provider] and direct you to their website, where payment can be made.

13   Our responsibility for loss or damage suffered by you

13.1   We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.

13.2   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 set out in 11.2.

13.3   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.

14   How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

15   Other important terms

15.1   We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation

15.2   You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3   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

15.4   If a court finds part of this contract 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.

15.5   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, 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.

15.6   Which laws apply to this contract and where you may bring legal proceedings. These terms 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.