Legal Notice

TERMS AND CONDITIONS

 

Welcome to Southall Sikh Funerals.

These terms and conditions (the "Terms") outline the basis on which we, Southall Sikh Funerals ("SSF" "we", "us”, or "our"), provide services (the "Services") to THE Client ("you", or "your") As a provider of professional funeral services and related goods, we are committed to delivering compassionate and respectful assistance during your time of need.

Please take the time to carefully review these Terms before utilizing our services. They explain how we operate, how we can modify or terminate our agreement, and what steps to take if issues arise. Your use of our services signifies your acceptance of these Terms.

By accessing or using the Southall Sikh Funerals website, you acknowledge that:

A. you have read and understand these terms and conditions;

B. represent that you are at least 13 years old and, if you are between 13 years old and 18 years old, that you have obtained proper consent from a parent or guardian prior to using our website;

C. accept these Terms and agree that you are legally bound by its provisions.

Your access and ongoing use of our website and the services provided through it signify your binding acceptance and agreement to all the Terms herein. If you do not accept these Terms at any time, you should immediately cease all use of our website and services. The right to use our services is personal and not transferable to any other person or entity. We reserve the right to refuse service to any user who fails to comply with these Terms, abuses their rights related to our services, or for any other reason we deem appropriate.

Sign the document on the final page to confirm that you accept the full terms and conditions. However, notwithstanding your signature, the contract will come into force when we accept your instructions to us to provide you with our services.

Thank you for choosing Southall Sikh Funerals. We value your trust in us during this difficult time.

1. OUR CONTRACT WITH YOU

1.1 Our acceptance of your instructions, whether communicated verbally or in writing, will occur upon receipt of your request to arrange the funeral. This confirmation will serve as the formal acknowledgment of our ability to provide the requested services and will mark the commencement of a binding contract between you and us. Our acceptance of your instructions, whether communicated verbally or in writing, will occur upon receipt of your request to arrange the funeral.

1.2 Upon the Client's request for us to take the deceased into our care, a service often  equested before making funeral arrangements and entering into a Funeral Contract, the Client acknowledges and agrees that costs are incurred by us for providing this service. In the event that the Client decides not to proceed with the funeral arrangements, we reserve the right to charge the Client for all the 100% costs incurred for these services.

1.3 SSF reserves the right to make changes to this Contract and/or the provision of Services and Goods, with prior written notice to you. If you choose to terminate the Contract as a result, you will be liable for all fees, disbursements, and expenses incurred until we receive your written notice of termination. Any agreed-upon changes will take effect on the date specified in our notice. Should you consent to the changes, the terms of this Contract will continue to apply to all work contracted before the effective date of the changes, and any new instructions from you will be subject to the revised terms.

1.4 If we are unable to fulfil part or all of your request for funeral services, we will promptly inform you in writing or verbally and will not charge you for the services. This may occur due to unexpected limitations on our resources that could not have been reasonably foreseen, if we are unable to meet a specified deadline, or for any other reason that prevents us from providing the requested services.

2. OUR OBLIGATIONS

2.1 We agree to provide funeral services in accordance with your instructions and preferences as outlined and agreed upon between both parties.

2.2 We provide an initial estimate of costs upon your briefing. A full estimate, including expenses, is provided before the funeral. Your acceptance of these fees is assumed upon continuing our services.

2.3 We will provide you with a detailed breakdown of costs for the services requested, including any additional charges that may apply, and will obtain your approval before proceeding with any additional services not covered by the initial agreement.

2.4 We will make every effort to accommodate any special requests or requirements you may have and will communicate with you promptly and effectively throughout the funeral arrangement process.

2.5 We will ensure that all personnel involved in the provision of funeral

services adhere to professional standards and conduct themselves appropriately at all times.

3. YOUR OBLIGATIONS

3.1 You are required to pay the agreed-upon fees for the funeral services before services and goods can be delivered as outlined in the contract.

3.2 You must ensure they have the legal right to arrange the funeral, either as the executor of the will, next of kin, or with written authority from the executors or administrators of the estate.

3.3 You must provide accurate and complete information about the deceased, including personal details and any specific wishes or instructions for the funeral arrangements.

3.4 You should ensure agreement with other relatives or interested parties about the type of funeral before briefing the service provider, to avoid potential costs from disagreements or changes of plan.

3.5 Any changes to the funeral arrangements must be communicated to the service provider within 24 hours. You may be subject to additional fees for changes or cancellations.

3.6 You are responsible for any damage caused to the funeral home or its property, crematorium, places of worship, or any other property by you or your guests during the funeral services.

3.7 You agree to allow our personnel to enter your home with coffins for funeral arrangements and for the removal/collection of the deceased. You accept that neither the funeral business nor its personnel shall be held liable for any damages caused to your property during the entry or exit of the personnel with coffins or while removing/collecting the deceased and you assume all risks associated with this process and agree to indemnify and hold us harmless from any related claims or losses.

3.8 You must inform the service provider if you are applying for funds to help with the funeral cost and we will support in your application process.

3.9 If you are applying for discretionary funding from the Department of Work and Pensions Social Fund or any other funding body, you are responsible for any shortfall between the amount awarded and the full estimate. You are reminded that the DW and other funding bodies may not cover any costs. In this instance, you are still responsible for ensuring that full payment is made within the payment terms detailed below.

3.10 You must confirm plans for cremation within 24 hours of instructing the service provider, or the provider reserves the right to terminate the contract and charge for outstanding costs.

3.11 You must only inform us of any changes in scheduling or plans as a part of your responsibility.

3.12 You are responsible for registering the death and providing all necessary paperwork to the service provider.

4. THIRD PARTY SUPPLIERS

4.1 You acknowledge that certain aspects of the funeral services may be provided by third-party suppliers, such as florists, caterers, transport services, crematoriums, live webcast, music i.e. audio sound and visual recordings etc. We reserve the right to engage these suppliers on behalf of you to ensure the smooth execution of the funeral arrangements.

4.2 The Client agrees to cooperate with us in providing necessary information and approvals for engaging third-party suppliers. Any additional costs incurred from engaging third-party suppliers shall be invoiced separately, and the you agree to pay these invoices within 24 hours.

4.3 We cannot be held responsible for the quality of products or services provided by third-party suppliers.
Any concerns regarding the products or services should be addressed directly with the respective supplier.

4.4 We are not liable if fire regulations restrict the number of mourners entering certain places of worship, such as crematorium chapels, for the funeral service.

5. OUR RIGHTS TO MAKE CHANGES

5.1 We reserve the right to make changes to the agreed-upon funeral services, including but not limited to the date, time, location, and specific arrangements, as necessary.

5.2 We will confirm the dates and times for the funeral only after final bookings are made and all third parties involved have provided their confirmation.

5.3 If changes are necessary, we will work with the client to arrange suitable alternatives that meet the client's needs and preferences to the best of our ability.

5.4 In the event of unforeseen circumstances, such as severe weather, legal requirements, or other emergencies that necessitate changes to the funeral services, we will notify the client as soon as possible and make alternative arrangements.

5.5 The exact timing of the funeral services is not guaranteed and is not the essence of this contract. While we will make every effort to inform you of any changes in advance, we are not liable for delays or changes caused by third-party suppliers or factors beyond our control.

5.6 If we are unable to supply the coffin/casket you ordered
by the required time, we will notify you and offer alternative options. The price of the selected alternative will be invoiced and payable instead of the original selection.

5.7 Some of our services, such as horse-drawn vehicles or dove releases, depend on the behaviour and health of animals. These services may be affected by ill health or weather conditions. Additionally, vintage or classic vehicles may be prone to mechanical failure. We do not accept liability should any of these events occur.

6. RIGHT TO CANCEL CONTRACT

6.1 As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Consumer Regulations"), you have the right to cancel this contract within 14 days of signing without providing any reason.

6.2 You acknowledge that by accepting the Terms of the agreement, you agree to waive your right to receive any refund for services rendered if you cancel.

6.3 In the event of cancellation, you will be liable to pay 100% of the fees, including but not limited to third-party fees incurred.

6.4 To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent by post, fax, or email.

6.5 To cancel, you must inform us of your decision by a clear statement sent by post, fax, or email. This statement should include your name, address, contract details, and a clear indication of your decision to cancel.

6.6 We reserve the right to cancel this contract at any time if we believe that continuing with the contract would put us in breach of any legal or regulatory requirement.


7. PERSONAL EFFECTS AND CREMATED REMAINS

7.1 When we bring the deceased into our care, we will document all clothing and personal effects in their possession. We will exercise reasonable care, but we shall not be held responsible for any loss or damage to such items, unless it arises from our negligence or wilful misconduct.

7.2 Any items left with us for more than a week after the funeral will be recycled, donated to charity, or disposed of. When jewellery and/or other valuables are placed in the coffin or left on/with the person who has died during visits SSF is not responsible for their safekeeping and does not accept any liability in the event of loss or damage.

7.3 We agree to exercise reasonable care in handling the ashes/human remains of the deceased. You agree to provide us with a minimum of 72 hours' notice before collecting the ashes/human remains, with collection to be conducted on weekdays during office hours.
However, we can retain the ashes/human remains on your behalf up to 3 months for free. After this period, we are authorized by you to scatter them in a designated memorial garden or in a flowing body of water that leads to the sea or a daily charge is applied, see fees/charges on website.

7.4 You are responsible for providing any special instructions regarding the handling, clothing, personal effects, or disposition of the ashes/human remains of the deceased. We shall not be liable for any claims arising from your failure to provide such instructions or for following your instructions in good faith.

7.5 You agree to indemnify and hold us and our employees harmless from any and all claims, damages, liabilities, costs, and expenses, including legal fees, arising from or related to the handling, clothing, personal effects, or disposition of the ashes/human remains of the deceased, unless such claims arise from our negligence or wilful misconduct.

8. BILLING AND PAYMENT

8.1 You agree to pay all fees and charges associated with the funeral services as outlined in the provided cost estimate. Full payment is due before any services/products are delivered. Details of all fees and charges are available on our website.

8.2 You acknowledge that the fees for the funeral be paid in advance. You must ensure that the payment is made in full and cleared before we deliver the services and goods.

8.3 Payments shall be made by BACS only, no cheques, credit cards, cash or any other forms of payment.

8.4 Failure to pay the any additional invoiced amount within 30 days of the due date in accordance with the invoice, interest will be charged at 4% per calendar month or part thereof.

8.5 Failure to pay the invoiced amount may result in the suspension or termination of services, at our discretion.

8.6 Any disputes regarding invoiced amounts must be submitted in writing to us within 5 days of receipt of the invoice. The parties agree to negotiate in good faith to resolve any disputes.

8.7 You agree to reimburse us for any costs incurred in the collection of overdue payments, including but not limited to legal fees and court costs.

8.8 We reserve the right to postpone the funeral if fees are not received when due. Where instructed to do so, SSF will forward its final invoice to another person provided full contact details and information is provided. Notwithstanding such instructions, you are however personally liable for making payment in full of all Fees and disbursements and simply forwarding the final invoice to another person will not discharge that liability.

8.9 The funeral service invoice must be paid in full before the services are rendered. Any unpaid invoices after 6 months from the date of issuance will be passed on to a debt recovery agency or company for further action.

9. DATA PROTECTION AND PERSONAL DATA

9.1 We shall collect, and process personal data provided by the Client solely for the purpose of arranging and conducting the funeral service. Personal data may include but is not limited to, the Client's name, contact information, sensitive information that reveals a person's racial or ethnic origin, religious / Philosophical beliefs, health info or sexual orientation and any relevant details about the deceased.

9.2 We shall process personal data based on one or more lawful bases as defined in the UK GDPR, including but not limited to, the necessity of processing for the performance of the contract with the Client and compliance with legal obligations.

9.3 We shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage and shall notify you without undue delay on becoming aware of a Personal Data breach.

9.4 We shall retain personal data provided by the Client only for as long as necessary to fulfil the purposes for which it was collected, including any legal, accounting, or reporting requirements.

9.5 We shall only keep Personal Data in identifiable form for 24 months following the date of the funeral and any financial data will be deleted immediately.

9.6 We may share personal data provided by you with third parties, such as suppliers or subcontractors, solely for the purpose of fulfilling its obligations under this agreement. The Funeral Service Provider shall ensure that any third party to whom personal data is disclosed complies with the same data protection standards as set forth in this clause.

9.7 You have the right to request access to, rectification, or erasure of their personal data, or to restrict or object to its processing, as well as the right to data portability.

9.8 We confirm that we are registered with the Information Commissioner's Office and are committed to complying with Data Protection Legislation and ensuring your Personal Data is protected.

10. CONFIDENTIALITY

We agree to maintain the confidentiality of all information provided by you, including personal, financial, and funeral-related details, and shall not disclose such information to any third party without the prior written consent of the you, except as required by law. We shall use the Confidential Information solely for the purpose of providing the agreed-upon funeral services and shall take all necessary measures to protect its confidentiality and security, Including implementing physical, technical, and administrative security measures to prevent  unauthorized access, use, or disclosure. We shall return all Confidential Information to you or destroy it in a secure manner upon completion of the funeral services, as directed by you. The obligations of confidentiality set forth in this clause shall survive the termination of this agreement.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any breach of this Agreement by you, including but not limited to the unauthorized disclosure of confidential information. You also agree to indemnify us for any injury or damage caused by you or your guests to the funeral home or its property, crematorium, places of worship, or any property or person during the funeral services. Furthermore, you agree to indemnify us for any claim or demand made by any third party arising out of or related to the funeral services provided under this Agreement, including but not limited to claims for negligence, breach of contract, or violation of any law or regulation. You agree to indemnify us for any damages caused by our personnel during the entry or exit with coffins or while removing/collecting the deceased from your home. Your obligations shall survive the termination or expiration of this Agreement. You shall promptly notify us of any claim or demand that may give rise to indemnification under this clause and shall cooperate fully with us in the defence of such claim or demand.

12. LIMITATION OF LIABILITY

We shall not be liable for any loss, damage, or delay arising from the performance or non-performance of our obligations under this agreement. This limitation extends to any acts, omissions, or errors by third-party suppliers engaged by us, for which we shall not be held responsible.
In no event shall we be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, or loss of goodwill, arising out of or in connection with the services provided under this agreement. Our total liability under this agreement shall not exceed the total amount paid by you for the funeral services provided hereunder, regardless of the legal theory under which such liability is asserted. You agree that this limitation of liability is fair and reasonable given the nature of the services provided and the amounts charged for such services.

We do not seek to exclude or limit our liability to you: for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors; for fraudulent misrepresentation; or where such exclusion or limitation is prohibited by law.

13. NOTICE AND COMMUNICATION

Any notice or communication required or permitted to be given under this Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post, or by email to the recipient's address as specified in this Contract or as otherwise notified in writing. Any such notice or communication shall be deemed to have been received: if delivered personally, at the time of delivery; if sent by post, two Business Days after posting; and if sent by email, at the time of transmission, provided no delivery failure notification is received by the sender.

14. SEVERABILITY


If any term or provision of this Contract is held to be void, invalid, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, enforceable, and consistent with the original intent. If modification is not possible, such provision shall be deemed severable and the remaining provisions of the Contract shall remain in full force and effect.

15. FORCE MAJURE

Neither Party shall be considered in breach of the Funeral Contract or liable for any delays or failures in performance under the contract due to circumstances beyond their reasonable control. Such circumstances shall not constitute a breach of contract between SSF and you, nor shall you be entitled to claim for any loss or damage arising from Force Majeure. These circumstances include, but are not limited to: Fire, flood, explosion, infectious disease, epidemic, pandemic, riots, calamities, strikes, unforeseeable traffic delay, lockout, labour shortage or dispute, war, accident, computer virus, inclement weather, hurricane, earthquake, acts of God, acts or requests of government, change of regulations or rules or law or government policy which render a Party incapable of performing any of its obligations, or any other contingency beyond the Party's reasonable control affecting the delivery of the goods or services agreed upon.

16. NO WAIVER

The failure or delay by either party to exercise any right, power, or remedy under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver by either party of any provision of this Contract shall be effective unless in writing and signed by the waiving party.

17. ENTIRE AGREEMENT

This Contract, including any documents expressly referenced herein, constitutes the entire agreement between you and SSF, and supersedes all prior discussions, arrangements, understandings, or agreements, whether oral or written, relating to the subject matter herein. Each party acknowledges that, in entering into this Contract, it has not relied on any representation or warranty not expressly set forth herein or in the documents referenced herein.

18. COMPLAINT PROCEDURE

Our aim is to provide you with the service you require in a seamless manner. If, however, you are dissatisfied with the service you have received, we encourage you to first discuss the matter with the staff members you have been working with. Should the issue remain unresolved, please refer contact us through our website:  https://www.southallsikhfunerals.co.uk 

Please note that your statutory rights under the Consumer Rights Act 2015 and other relevant legislation are not affected by anything in this contract.

19. GOVERNING LAW AND JURISDICTION

This Contract shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation including non-contractual disputes or claims.

 

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Contact Us

If you have any questions or concerns about our services or this Legal Policy, please contact us. manpreet@southallsikhfunerals.co.uk

 

This Legal Policy is effective as of 22nd January 2023 and may be updated by us at any time.

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