Terms & Conditions

Westerleigh Group – Terms and Conditions of Supply – Online and Over the Telephone Sales (B2C)

Where to find information about us and our products

You can find everything you need to know about us, Westerleigh Group, and our products on our website, in our catalogues, in our leaflets or from our representatives before you order. We also confirm the key information to you in writing by email when you order.

Where we refer to “we”, “us”, “our” or “Westerleigh” in these terms and conditions, we are referring to the company in the Westerleigh Group with which you are contracting. The details of the relevant Westerleigh Group company will be confirmed in the key information that we provide about your order, but will often be Crematoria Management Limited.

When you buy from us you are agreeing that:

• 1. We only accept orders when we’ve checked them.
• 2. Sometimes we reject orders.
• 3. We charge you when you order.
• 4. We’re not responsible for delays outside our control.
• 5. Products can vary slightly from their pictures.
• 6. You’re responsible for making sure your measurements are accurate.
• 7. If you bought online or over the telephone, you have a legal right to change your mind.
• 8. You have rights if there is something wrong with your product.
• 9. We can change products and these terms.
• 10. We can suspend products.
• 11. We can withdraw products.
• 12. We can end our contract with you.
• 13. We don’t compensate you for all losses caused by us or our products.
• 14. We use your personal data as set out in our Privacy Notice.
• 15. You have several options for resolving disputes with us.
• 16. Other important terms apply to our contract.
• 17. The crematorium and cemetery terms form part of our contract.

1. We only accept orders when we’ve checked them

We contact you to confirm we’ve received your order and we accept it when we dispatch or supply the product to you.

2. Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK, because the product was mispriced by us or because the inscription that you have requested is deemed offensive or inappropriate by us (at our sole discretion). When this happens, we let you know as soon as possible and refund any sums you have paid.

3. We charge you when you order

Unless stated otherwise by us during the order process, we charge you when you order.

4. We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as postal issues or supplier issues, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team through the details on the “Contact Us” page on the website www.memorials.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.

5. Products can vary slightly from their pictures and descriptions

A product’s true colour may not exactly match that shown on your device or its packaging may be slightly different. When our products are tailor made, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 5% (five percent).

6.You’re responsible for making sure your measurements are accurate

If we’re making or supplying a product to measurements you provide, you’re responsible for making sure those measurements are correct.

7. If you bought online or over the telephone, you have a legal right to change your mind

• 7.1. Your legal right to change your mind. For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
• 7.2. When you can’t change your mind. You can’t change your mind about an order for:
• 7.2.1. digital products, after you have started to download them or, if they are bespoke works, work on their creation has commenced;
• 7.2.2. services, once these have been completed;
• 7.2.3. goods that are made to your specifications or are clearly personalised;
• 7.2.4. goods which become mixed inseparably with other items after their delivery; and
• 7.2.5. goods or services where ashes have been interred as part of our contract with you.
• 7.3. The deadline for changing your mind. Subject to clause 7.2 above, if you change your mind about a product you must let us know no later than 14 days after:
• 7.3.1. the day we deliver your product, if it is goods, for example a physical memorial. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
• 7.3.2. the day we confirm we have accepted your order, if it is for a service, for example the scattering or interment of ashes.
• 7.3.3. the day we confirm we have accepted your order, if it is for digital content for download, streaming or publishing online (for example, online memorials), although you can’t change your mind about digital content once we have started producing it.
• 7.4. How to let us know. To let us know you want to change your mind, fill in the online form here or contact us.

8. How to let us know.

To let us know you want to change your mind, please contact your local Crematoria by phone or email or fill in the online form which can be found at https://www.basildoncrem.co.uk/contact-map.php.

• 8.1. You have to return the product at your own cost. If your product is goods, for example, a physical memorial, you have to return it to us within 14 days of you telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
• 8.1.1. bring the product to your local Westerleigh crematorium or cemetery. You will need your email receipt and the card you paid with.
• 8.1.2. send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price.
• 8.2. You have to pay for services you received before you change your mind. If you bought a service we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
• 8.3. We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable when inspecting the product pre-sale in person, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price labels have been removed, the packaging is damaged or parts are missing. In some cases, because of the way you have treated the product, no refund may be due.
• 8.4. When and how we refund you. If your product is a service, digital content or goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

9. You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team through the details on the “Contact Us” page on the website www.memorials.co.uk or. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that ‘You have several options for resolving disputes with us’ (see below).

10. We can change products and these terms

• 10.1. Changes we can always make. We can always change a product:
• 10.1.1. to reflect changes in relevant laws and regulatory requirements;
• 10.1.2. to make minor technical changes and improvements, for example to address a security threat or improve the performance of a product. These are changes that don’t negatively affect your use of the product; and
• 10.1.3. to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.
• 10.2. Changes we can only make if we give you notice and an option to terminate. We can also make other types of change to the product or these terms, but if we do so we’ll notify you and invite you to contact us to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance (but not received), if you do not wish to proceed.

11. We can suspend products.

We can suspend the supply of a product. We do this to:

• 11.1. deal with technical problems or make minor technical changes;
• 11.2. update the product to reflect changes in relevant laws and regulatory requirements; or
• 11.3. make changes to the product (see ‘We can change products and these terms’ above).

12. We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We will let you know in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

13. We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

• 13.1. you don’t make any payment to us when it’s due and you still don’t make payment within five (5) days of our reminding you that payment is due;
• 13.2. you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
• 13.3. you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.

14. We don’t compensate you for all losses caused by us or our products

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

• 14.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• 14.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in the section ‘We’re not responsible for delays outside our control’.
• 14.3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by having the minimum system requirements advised by us.
• 14.4. A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession, in which case our maximum liability to you in contract, tort (including negligence), misrepresentation, restitution or otherwise shall not exceed the total sum paid by you to us pursuant to this contract.

15. We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

16. You have several options for resolving disputes with us

• 16.1. Our complaints policy. Our Customer Service Team, who can be contacted through the details on the “Contact Us” page on the website www.memorials.co.uk will do their best to resolve any problems you have with us or our products as per our Complaints Policy. Please contact them in the first instance.
• 14.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in the section ‘We’re not responsible for delays outside our control’.16.2. Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to The National Society of Allied & Independent Funeral Directors by following their complaints procedure found on their website at through their website at www.saif.org.uk/about-saif/complaints. If you’re not satisfied with the outcome you can still go to court.
• 16.3. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

17. Other important terms apply to our contract

• 17.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
• 17.2. We can subcontract our duties under this contract. We can engage another party to perform our responsibilities under this contract, so long as we remain responsible for their acts or omissions.
• 17.3. This contract is the entire agreement between you and us. This contract is the entire agreement between you and us and replaces all previous agreements, promises and understandings between you and us, whether written or spoken, relating to the subject matter of this contract.
• 17.4. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
• 17.5. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
• 17.6. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

18. Crematorium and cemetery terms

• 18.1. Products (whether bought from us or from elsewhere) may not be placed, and ashes may not be scattered or interred, in a crematorium or cemetery controlled or operated by us without our prior written consent.
• 18.2. If your contract with us specifically includes us providing you with a licence (permission) to place a product, such as a physical memorial (e.g. an inscribed memorial object, whether a stone, plaque or something else) or a living memorial (e.g. a shrub, plant, tree or something similar) in a crematorium or cemetery controlled or operated by us, the following terms shall apply to the contract:
• 18.2.1. You must comply with the crematorium or cemetery’s rules and regulations. These rules will be clearly displayed or otherwise made available to you by us or at the crematorium or cemetery, and may be updated from time to time.
• 18.2.2. Your licence or right granted by us is specific to the products identified in it. Placing items that are not expressly covered under the terms of your licence, the relevant crematorium or cemetery’s rules, or are otherwise contrary to our instructions from time to time, (e.g. prohibited items, weathered flowers, etc.) is not allowed. We may remove any unsuitable items without notice.
• 18.2.3. Products may only be placed in locations specified in your licence or as directed by us. Products may not otherwise be placed, nor ashes scattered or interred, in a crematorium or cemetery controlled or operated by us without our prior written consent.
• 18.2.4. Products may only be installed by individuals approved by us. Where products require installation, they must only be installed by individuals, and at times, approved by us in writing.
• 18.2.5. Purchasing a licence or right from us does not grant you ownership of land. All land within the crematorium and/or cemetery, including memorial plots and interment plots, remain the property of us (or the crematorium or cemetery owner as the case may be).
• 18.2.6. Any licence or right granted by us is personal to you. Any licence issued to place a product or a right to scatter or interment ashes is personal to the individual named in your contract. You are responsible for notifying us of any changes to your contact details and you can only transfer your licence or right with us to someone else if we agree to this. However, we will not unreasonably withhold this permission.
• 18.2.7. Your licence or right granted by us is only valid for the period agreed by us in relation to your order and, after this, we may remove your product. Once your licence to place a product or right to scatter or interment ashes expires:
• 18.2.7.1. We may remove any physical memorial (not a living memorial) and hold it ready for your collection. If the physical memorial is not collected by you within three months after expiry of your licence period, we may reuse or dispose of it as we see fit.
• 18.2.7.2. We may remove any living memorial and reuse or dispose of it as we see fit.
  No compensation shall be due to you in either case.
• 18.2.8. You are responsible for the upkeep and insurance of your product. We are not liable for any loss or damage to your product whilst it is at the crematorium or cemetery. We may inspect products placed or installed in a crematorium or cemetery for safety and reserve the right to alter, remove, or reposition any products we consider unsafe, unstable, or hazardous.
• 18.2.9. Sometimes we may need to temporarily move your products. Occasionally, we may need to temporarily move products to allow for access or maintenance in other parts of the crematorium or cemetery.
• 18.2.10. Sometimes we may need to permanently move your products. In certain cases, we may permanently remove or reposition a product placed by you or relocate an interment plot. If this happens:
• 18.2.10.1. We will provide one month’s written notice to your last known address (physical or email); and
• 18.2.10.2. We will move your product to the repositioned location (or provide a similar replacement product for use at the repositioned location) and, as applicable, provide a similar replacement interment plot.
• 18.2.11. If we can no longer operate the crematorium or cemetery. If, for reasons outside of our control (such as a legal or regulatory order), we are unable to continue operating the crematorium or cemetery, your licence or rights will immediately end automatically.
• 18.2.12. Removal of human remains and ashes from an interment plot. We understand the sensitive nature of interment and the importance of honouring your loved one. At the end of the licence period, or any time thereafter, we will make efforts to contact you or the family or next of kin to discuss and agree on a suitable outcome for human remains or ashes in an interment plot. If, after three months following the end of the licence period, we are unable to reach agreement and you have not reclaimed the human remains or ashes, we may respectfully and lawfully scatter or dispose of them, ensuring that such act is performed with care and dignity.
• 18.3. If you place a product in a crematorium or cemetery controlled by us and have not complied with clauses 17.1 and 17.2 above (as applicable), we reserve the right to remove such products and hold them for collection for three months. Where we consider that the product has material value to you, we will notify you at your last known address (physical or email) that we have removed the product. If products are unclaimed after three months, we may dispose of them without compensation.