OUR TERMS – for Funerals

We are a member of the National Association of Funeral Directors and subscribe to its current Code of Practice, a copy of which is available upon request. We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.

  1. Estimates and Expenses

The estimate sets out the services we agree to supply. This estimate is an indication of the charges likely to be incurred on the basis of the information and details we know at the date of the estimate. While we make every effort to ensure the accuracy of the estimate, the charges are liable to alteration particularly where third parties change their rates or charges.

We may not know the amount of third-party charges in advance of the funeral; however, we give you a best estimate of such charges in the written estimate. The actual amount of the charges will be detailed and shown in the final account.

If you amend your instructions, we will require your written confirmation of the changes. We may need to make an extra charge in accordance with prices published in our current price list.

We will add VAT to our charges, where applicable, and at the rate applicable when we prepare the invoice.

  1. Payment Arrangements

The funeral account is due for payment from the date of our account, unless otherwise agreed by us in writing.

If you fail to pay us in full within 30 days we may charge you interest:

at a rate of 8% APR;

calculated (on a daily basis) from the date of our account until payment;

compounded on the first day of each month; and

before and after any Judgment (unless a Court orders otherwise).

We may recover (under Clause 3) the cost of taking legal action to make you pay.

  1. Indemnity

You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms.

This means that you are liable to us for losses we incur because you do not comply with these Terms. For example, we will charge you an administration fee where we receive a cheque from you which is subsequently not honored or if we write to remind you that an account is overdue. If we instruct debt collection agents, we may also recover from you the fees we incur. Further details regarding these fees are available on request. We may claim those losses from you at any time and, if we have to take legal action, we will ask the Court to make you pay our legal costs.

  1. Data Protection

Words shown in italics are defined in the Data Protection Act 2018 (the “Act”).

We respect the confidential nature of the information given to us and, where you provide us with personal data (“data”), we will ensure that the data will be held securely, in confidence and processed only for the purpose of carrying out the services.

In order to provide the services we may need to pass such data to third parties who are performing some of the services for you, who may contact you directly.

Further details regarding these third parties are available upon request and are noted in our privacy policy.

Under the Act you have the right to know what data we hold on you and you can, by applying to us in writing and paying a fee, receive copies of that data. You confirm that you have permission to also give consent to use all information you supply, including your relatives & friends, unless you specify.

  1. Cooling-Off Period

The Cancellation of Consumer Contracts made in the Consumer’s Home or Place of Work etc Regulations 2008 may give you the right to terminate this agreement in the cooling-off period of fourteen days. If you wish to cancel you must do so in writing and deliver personally to the funeral director as mentioned overleaf. If you wish the performance of the agreement to which this right applies to commence before the end of the cooling-off period, you must sign the authority at the bottom of this Confirmation and Estimate of Funeral Expenses. In the event that you exercise the right to cancel this contract during the cooling-off period, you will be required to pay a reasonable amount for goods and services already supplied.

  1. Termination

This agreement may also be terminated before the services are delivered:

(1) by us if you fail to honour your obligations under these Terms and
(2) by you communicating to us in writing, terminating your instructions.

If we or you terminate your instructions you may, depending upon the reasons for termination, be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.

  1. Standards of Service

The National Association of Funeral Directors’ Code of Practice requires that we provide a high quality service in all aspects. If you have any questions or concerns about the service we provide to you, please raise them in the first instance with our designated senior person. If that does not resolve the problem to your satisfaction the National Association of Funeral Directors through the Funeral Arbitration Scheme (FAS) provides a low cost dispute resolution service, as an alternative to legal action. You can contact the FAS at 618 Warwick Road, Solihull, West Midlands B91 1AA. The FAS, and how it can be accessed, is explained in the leaflet entitled “Your Right to Put It Right” made available to you and on display on our premises. The FAS provides independent conciliation and arbitration through DDRS Ltd, a wholly owned subsidiary of the Chartered Institute of Arbitrators.

All dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. Although we endeavour to provide a prompt and efficient service for you, there may be instances where, because of circumstances beyond our control, we are unable to fulfil our obligations to you on the date or time specified. Where this is the case we will attempt to contact you in advance, using the details overleaf, and advise you of alternative arrangements.

  1. Agreement

Your continuing instructions will amount to your continuing acceptance of these Terms of Business.

Your instructions will not create any right enforceable by virtue of the Contracts (Rights of Third Parties Act 1999) by any person not identified as our client.

If any of these terms are unenforceable as drafted: –

it will not affect the enforceability of any other of these Terms; and

if it would be enforceable if amended, it will be treated as so amended.

Nothing in these Terms restricts or limits our liability for death or personal injury.

This agreement is subject to English Law. If you decide to commence legal action, you may do so, in any appropriate UK Court.

OUR TERMS– for Flower Shop

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions for the supply of goods, services or digital content order through the www.leeses.co.uk and all other country derivatives of the same website (Website).
    2. Why you should read them. Please read these terms carefully before you submit your order to us as you will be bound by these terms if you place an order on the Website. These terms tell you who we are, how the products are supplied to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Harold H. Leese Limited Funeral Directors a company registered in England and Wales. Our company registration number is 11405889 and our registered office is St. Peter’s Close, Stoke-on-Trent Staffordshire England ST4 1LP.
    2. How to contact us. You can contact us by telephone at +44 (0) 1782 744433 or by writing to us at ofice@leeses.co.uk or at Mill Street, Stone, Staffordshire England ST15 8BA.
    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.

 

  1. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. How we work. We operate the Website as a platform for us to sell our chosen local florists products directly to you. We do not supply you with any products directly and act as agent for the independent florists. Our role is limited to acting as agent facilitating the sale of the products and processing payments and refunds between the parties. We also assist in locating an alternative supplier for the products you have ordered if they are unavailable from our preferred supplier.Delivery is arranged by our local florist based on your instructions.

 

  1. ORDERING PRODUCTS
    1. How your order is accepted. Our acceptance of your order will take place when we email or text you to accept it, at which point a contract will come into existence between you and ourselves.
    2. If your order cannot be accepted. If we, or our chosen local florist, are unable to accept your order, we, will inform you of this in writing and will not charge you for the product. If a payment has already been taken it will be refunded. This might be because the product is out of stock with the local florists, because of unexpected limits on the local florist’s resources which they could not reasonably plan for, because we have identified an error in the price or description of the product or because the local florist is unable to meet a delivery deadline you have specified.
    3. Your order number. We will assign an order number to your order and tell you what it is when you place the order and when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

  1. THE FLOWERS AND OTHER PRODUCTS
    1. Flowers and other products may vary slightly from their pictures. The images of the flowers and other products on our Website are for illustrative purposes only. The images are provided to us by the local florists and we use them in good faith. You will appreciate that every flower is different and we cannot therefore guarantee that the flowers supplied by the local florist will be the same in appearance as those in the pictures on the Website and may therefore vary slightly from those images. The local florist may also need to make minor adjustments to the flowers supplied due to seasonal variations or availability.
    2. Product packaging may vary. The packaging of the flowers and other products may vary from that shown in images on our website.
  2. YOUR RIGHTS TO MAKE CHANGES
    1. If you wish to make a change to the flowers or other products 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 the change cannot be made or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).
  3. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the products. The local florists may change the flowers or products due to seasonal variations in the flowers available alternative, but similar flowers may be supplied. The local florist may also changed the products if required by law.
    2. Changes to the quantity or the flowers or other products and these terms. In addition, we, or the local florists, may make more substantial changes to the flowers or the other products if your order is unable to be fulfilled in the quantity ordered due to a lack of materials or flowers, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  4. PROVIDING THE FLOWERS AND PRODUCTS
    1. Delivery costs. The flowers will either be delivered to our premises by the florist for us to place in the hearse along with the coffin, or taken to a local address of your choosing. The cost for this is included in the price of the item as shown.
    2. Where the flowers or other products will be delivered. The flowers or other products will be delivered by the local florist to the address or location specified by you during the checkout process. If the address or location you have supplied is not accessible for any reason we, or the local florist, will contact you to discuss alternatives. Our local florists will not deliver any flowers or other products to any address or location where to do so would be prohibited by law.It is advisable for you to provide a contact telephone number so contact can be made about delivery. If no contact detail is provided and the local florist cannot gain entry, or no one is available to accept delivery. Refunds will not be available in the case of flowers or personalised products if an incorrect or incomplete address is provided and no contact can be made.
    3. When the flowers and other products will be provided. The flowers will be supplied to you or the designated recipient by the local florist. If the flowers are to accompany the coffin then they will be supplied for the date of the funeral, timescales on the website are an indication only. Times given on a particular day are a guide only and, provided the flowers or other products are delivered on that date it forms no basis for a refund. If there is to be a longer delay in delivery we, or our local florist, will contact you to confirm and discuss your options.
    4. 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.

 

  1. If there is no-one in when the flowers or other products are delivered. If no one is available at your chosen location for delivery and the flowers or other products cannot be posted through a letterbox, our local florist (or their delivery provider) will either contact you to discuss alternatives, deliver the flowers or other products to a neighbour (and leave the recipient a note explaining that), leave the flowers or products in a safe place (and leave the recipient a note explaining that), or leave the recipient a note informing the recipient of how to rearrange delivery or collect the flowers or other products from the local florist. If delivery is rearranged our local florists reserve the right to charge an additional delivery charge and no refund will be available if this relates to flowers or personalised goods.
  2. If delivery is not re-arranged. If delivery is not rearranged, or the flowers or other products are not collected from the local florist as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the local florist we, or the local florist, will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our, or the local florist’s reasonable efforts, we are unable to contact you or re-arrange delivery or collection in a reasonable time, or before the flowers or other products perish the local florist may end the contract. If the flowers or other products perish before they have been delivered or collected due to a lack of contact by or an inability to contact you or the recipient due to you providing incorrect or unattainable details the local florist will not provide a refund.
  3. Your legal rights if we deliver goods late. You have legal rights if the local florist’s first attempt to deliver any flowers or other products is late. If the local florist’s first delivery attempt misses the delivery deadline (subject to clause 7.3) for any flowers or other products then you may treat the contract as at an end straight away if any of the following apply:
    1. we have refused to deliver the goods;
    2. delivery within the delivery deadline was essential due to being for a funeral.
  4. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 7.8 you can cancel your order for any of the flowers or other products or reject the flowers or other products that have been delivered. After that we will arrange for us to refund any sums you have paid to us for the cancelled flowers and other products and their delivery. If the flowers or other products have been delivered to you, you must either return them in person to the local florist, post them back to the local florist or (if they are not suitable for posting) allow the local florist to collect them from you. We will pay the costs of postage or collection. Please call us to arrange this.
  5. When you become responsible for the flowers or other products. The flowers or other products will be your responsibility from the time we deliver the product to the address or location you gave us or you, other recipient, collect them from us.
  6. When you own the flowers or other products. You own the flowers or other products once they have been delivered provided we have received payment in full.
  7. What will happen if you do not give required information to us. We or the local florist may need certain information from you so that the local florist can supply the flowers or other products to you. If so, this will have been stated in the description of the products on our website. We, or the local florist, will contact you 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, the local florist may either end the contract or make an additional charge of a reasonable sum to compensate them for any extra work that is required as a result. The local florist will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us, or the local florist the information needed within a reasonable time of asking for it.
  1. YOUR RIGHTS TO END THE CONTRACT
    You may be able to end your contract with us. Your rights for ending the contract will depend on what you have bought, whether there is anything wrong with it, how we or the local florist are performing and when you decide to end the contract.

    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;
    2. If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will, on your request, end immediately and we, will refund you in full for any flowers other products which have not been provided. The reasons are:
      1. we, or the local florist, have told you about an upcoming change to the flowers or other products or these terms which you do not agree to (see Clause 6.2);
      2. we, or the local florist, have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the flowers or products may be significantly delayed because of events outside our, or the local florist’s control;
      4. the local florist has suspended supply of the products for technical reasons, or you are notified they are going to suspend them for technical reasons, in each case for a period of more than 3 days.
    3. If you have just changed your mind about the product. For most products bought online (costing £43 or more) you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. However, you do not have this right for perishable items, tailor made items or personalised items. You do not therefore have the right to change your mind about flowers once they have been prepared as they perish. Any items which have been personalised cannot be refunded or returned under this paragraph once the personalisation has taken place. If you want to cancel the contract you must e-mail office@leeses.co.uk confirming your decision and which products the cancellation relates to.
  2. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us, know by calling or e-mailing on the number or e-mail detailed during the ordering process or email us at office@leeses.co.uk  Please provide your name, home address, details of the order and, where available, your phone number and email address.
    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 the local florist. You must either return the goods in person to the local florist or allow us, or the local florist to collect them from you. Please call us 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 and the local florist you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed;
      2. if you are ending the contract because we have told you of an upcoming change to the flowers or other products 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 in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    4. What we charge for collection. If you are responsible for the costs of return and we, or the local florist, are collecting the product from you, we, or the local florist, will charge you the direct cost of collection. The costs of collection will be reasonable in all the circumstances.
    5. How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we, or the local florist, may make deductions from the price, as described below if you exercising your right to change your mind:
      1. We may reduce your refund of the price 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.
    6. When your refund will be made. If you are entitled to a refund under the terms of this agreement we, or the local florist, will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then this will either be within 14 days from the day on which the local florist receives the product back from you or, if we, or the local florist, confirm there are no goods to return, within 14 days of you telling us or the local florist you have changed your mind.
  3. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We, or the local florist, may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us, or the local florist when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us, or the local florist asking for it, provide us or the local florist with information that is necessary for us to provide the flowers or other products;
      3. you do not, within a reasonable time, allow the local florist to deliver the products to you or collect them from them;
      4. we, or the local florist, believe that the flowers or other products ordered may cause distress or offence to any person, or is being used for any unlawful purpose.
    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, or the local florist, will refund any money you have paid in advance for products that have not been provided but we, or the local florist, may deduct or charge you compensation for the net costs incurred as a result of your breaking the contract.
    3. We may withdraw the product. We, or the local florist, may contact you to let you know that the local florist is stopping providing the product.
  4. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. How to tell us about problems. If you have any questions or complaints about the flowers or other products, please initially contact us. You can telephone or e-mail them on the contact detail provided during the ordering process. You must lodge any complaints or problems with us within 7 days. Following this time period you should not expect a refund or a re-delivery. You may be required to provide photographic evidence of any problems.
  5. PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order on the Website. We use our best efforts, in conjunction with our local florists, to ensure that the price of the flowers or other products advised to you is correct. However if we discover an error in the price of the flowers or other products you order we will contact you to advise you of this before accepting your order. However, if we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we, or the local florist, may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. When you must pay and how you must pay. Unless otherwise stated payment for all orders must be made in full by credit card, debit card, PayPal or other digital payment method we may make available on the Website from time to time on the checkout page. You should be aware that your card issuer may carry out validation checks and we are not responsible if your card issuer declines to authorise payment for any reason, nor are we responsible for any additional handling fee your card issuer charges you.
    4. We can charge interest if you pay late. If you do not make payment in full at the time of ordering we, or the local florist may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank 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.
    5. Discounts and Promotional Codes. If we issue any discount or promotional codes they can only be used in accordance with the terms and conditions attached to them at the point of issue.
  6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. Limitation of our liability. If we, or the local florist, breach the terms of this agreement and are found to be liable for your losses neither we, nor the local florist, will be responsible for any losses which are not foreseeable nor those which exceed the value of the order placed by you. Neither we, nor the local florist, will be liable for any failure to perform obligations under this agreement where such failures are due to fire, flood, earthquake, storm, hurricane, natural disaster, war, invasion, terrorism, national action, labour strike or interruption or failure of electricity, telephone or other utility.
    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; for breach of any term in the Consumer Rights Act 2015 or the Consumer Protection Act 1987 which cannot be limited or excluded; or any other liability which cannot be limited or excluded by law.
  7. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information. We will only use your personal information as set out in our this agreement or in our privacy policy which can be found at https://leeses.co.uk/privacy-policy/
    2. Confirmation of consent to supply information. By entering into this agreement you confirm that you have the permission of any third party recipient to provide us, the local florist and all of our agents, subcontractors, assigns and employees with any personal data you give to us relating to that third party. You also confirm that the permission extends to this being shared amongst all of the above parties in order for us to provide the flowers or other products you have purchased and to deliver them to the location requested. You provide us, the local florist and all of our agents, subcontractors, assigns and employees with an indemnity against any action from the third party recipient whose detail you have provided to us related to the use of their personal data in the fulfilment of this contract.
  8. OTHER IMPORTANT TERMS
    1. 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.
    2. Even if we, or the local florist, delay in enforcing this contract, we can still enforce it later. If we, or the local florist do not insist immediately that you do anything you are required to do under these terms, or if we, or the local florist, 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.
    3. 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 flowers or other products in the English courts.