Terms & Conditions
TERMS AND CONDITIONS
Section 1: Meanings of words used by us
"Customer", "you", "your" and "yours" means you the person using this Website ordering Goods or Services;
"Goods" “Item” “Urn” “Casket” “Coffin” “Memorial” “Accessories” or "Products" means the item which you have ordered from us and any other Engraving or accessories ordered by you which are set out in your order form;
"Website" is a reference to the website, www.lincspetcrem.co.uk / www.petmemorialsuk.online which is run and operated by us and on which these Terms and Conditions are displayed.
"Service" or "Services" means any service that we offer to our customers. The exact details of which are dependent on the level of service which is selected;
"Terms and Conditions" means this document and any updates to the document which are displayed on our Website; "we", "us" and "our" are references to Lincolnshire Pet Crematorium Ltd and/or Pet Memorials UK;
Section 2: Ordering from Us
1 - When you order Goods and/or Services from us you are entering into a contract with us, for the purchase of the Goods and/or Services. You must take care when providing us with your details to ensure that these are accurate and complete at the time of ordering.
2 - Any order that you place with us is subject to availability and acceptance by us. When you place your order online we will send you an email confirming your order (Order Confirmation). If the Goods are not available we will contact you by telephone or email and offer you an alternative, or the option of cancelling your order.
3 - When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
4 - We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
5 - The description and price of goods you order will be as shown on our website at the time you place your order.
6 - After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
Section 3: Prices
1 - All prices shown on the website are displayed inclusive of value added tax (where applicable with the exception of Trade users) but exclusive prices are shown in a less pronounced way. All prices are exclusive of delivery.
2 - Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3 - The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. When you are paying by credit or debit card payment will be taken at the time of placing your order and not when the order is dispatched.
4 - Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found. The price will be verified once your order is assembled.
5 - If an error in our pricing is found, we will inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.
6 - In some cases it may be necessary for us to request further information from you in order to perform CNP (cardholder not present) checks on payments received for the purpose of avoiding fraud. This is in the interest of all card holders. If you are unable to provide further information upon request the order may be cancelled or the delivery address amended to the registered card address at our discretion.
Section 4: Delivery
1 - Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
2 - Your order will be fulfilled as soon as possible after your Order Confirmation and in any event within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
3 - Please ensure that you or someone who is authorised to sign for the goods on your behalf is available to take receipt of the goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage then you can either refuse the delivery or sign for the package as damaged.
4 - The Products will be at your risk from the time of delivery.
5 - You may collect the Goods from our premises by arranging this with us in advance. Please ensure that you have valid identification at the time of collection to demonstrate proof of your name and order address.
6 - Goods will only be shipped to the United Kingdom
Section 5: Cancellation and Returns
1 - If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products this does not however apply to any personalised items which are deemed as non returnable except in the case of error. You must notify us via durable medium (email / letter) and quote your order number in any communication. Notification by phone is not sufficient.
2 - You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. If required we can arrange collection using our courier. The cost of this will be notified to you and deducted from any refund.
3 - Once the cancelled Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 30 days which does not include the initial delivery charge (where applicable) which you paid for the delivery of the Goods less the collection charge we paid for the collection of the Goods if applicable.
4 - Where the order is for custom/personalised goods and the order has commenced the construction stage the charge in full will be applied including VAT in the event of cancellation, and be deducted from any refund due.
5 - Any personalised goods do not have the right of cancellation and will not be refunded. Please see the Distance Selling Regulations 2000 for further information.
6 - A full statement of your legal rights under the Distance Selling Regulations may be obtained in the UK from your local Citizen's Advice Bureau or Trading Standards Office.
7 - If the goods supplied to you are physically damaged then you should notify us via email, letter or webmail by logging into your account area within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care.
8 - If you suspect that the Goods are faulty and wish to return them you must contact us within 72 hours of discovering the fault and submit written details and supporting photographs. We will examine the returned Product and if you are entitled, we will notify you of your options to replace or refund via e-mail within a reasonable period of time. We will usually process your elected, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for replacement or refund for the defective Product.
9 - Any returns to us at your own cost and liability. We can arrange a courier collection for larger items at your own expense. Any costs will be pre-arranged with yourselves
10 - Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of the goods supplied, we recommend original packaging is used. If original packaging is not available, new specialty packaging can be used. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.
Section 6: Warranty
1 - All Goods that we supply are warranted free from defects. This warranty does not affect your statutory rights as a consumer.
2 - Goods found by us to be defective will be replaced or refunded with an item of an equal or better value. . Any goods received by us without previous notification will be rejected and returned to sender.
3 - This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us or the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.
4 - Should you take any goods purchased from us to a 3rd party and have them attempt to repair a fault, you will VOID all warranties on the order and we will not cover the costs of any charges as we do not provide or charge you for warranties. If you have any problems with your order you must contact us for advice
Section 7: Website security
1 - We use the industry standard secure sockets layer (SSL) encryption technology to ensure that all your personal and transactional information is encrypted before transmission.
2 - If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.
Section 8: Using Our Website
1 - The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
2 - We aim to have the Website available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
3 - You must not interfere with the working of our Website nor must you circumvent security on the Website, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
4 - All sizes and measurements quoted on the Website are approximate and all natural stone, wood and/or other materials may vary in colour, patterns and shade. This is not a fault or damage and we do not accept any liability for such differences.
Section 9: Complaints about our Service
1 - We hope that you will not have any complaints about our Services however if you do have an issue please contact us at email@example.com or firstname.lastname@example.org and we will do our best to respond within 5 business days.
Section 10: Our Intellectual Property Rights
1 - All copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the Goods and Services (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is the exclusive property of Lincolnshire Pet Crematorium Ltd and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so.
Section 11: Disclaimer and limits to our liability
1 - Limits on our liability: We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Goods or Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
2 - Indirect or inconsequential losses: We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Goods or Services or as a result of any failure of any goods purchased from us.
3 - The Website: We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
4 - Acts of God: We shall not be held liable for any failure or delay in delivering the Goods or performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
5 - Security Breaches: We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Section 12: Legal points
1 - Ability to transfer or subcontract: We may subcontract any part or parts of delivery of the Goods or the Services that we provide to you from time to time and we may transfer our rights and/or obligations under this Agreement without your consent or any requirement to notify you.
2 - Changes to the Terms and Conditions: We may alter or vary the Terms and Conditions at any time. Any variations or updates to these Terms and Conditions will be published on our Website. You will be deemed to
accept the latest version of the Terms and Conditions when you purchase or order our Goods or Services.
3 - Entire Agreement: This Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
4 - Invalidity: If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
5 - Jurisdiction and English Law: These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
6 - Delays: No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. 7 - Rights of Third Parties: It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.