Terms & Conditions 2

Website Terms and Conditions

Please read these terms of use carefully. 

For the purposes of these terms, “we/our/us” means Willow & Green LTD.

Together with our privacy policy, they govern our relationship with you in relation to this website. If you have any comments or questions about our website terms of use, please contact us at info@willowandgreen.co.uk or write to us at Willow & Green LTD, 2 Middle Row, High Street, Ashford, TN24 8SQ.

We may change these terms of use or our privacy policy at any time by updating this page. Please check this page from time to time to review these terms of use to ensure you are happy with any changes. Using or accessing this website indicates your acceptance of these terms of use. If you do not accept these terms, please do not continue to use this website.

Information about us

Willow & Green LTD is a British company registered in England and Wales at Companies House and the registered number is 12051753. Our registered office is at 2 Middle Row, High Street, Ashford, TN24 8SQ.  

You can contact us by email at info@willowandgreen.co.uk or by telephone on 020 8124 3333

The website to which these terms of use apply and for which we are responsible is: www.willowandgreen.co.uk

Your use of this website and our intellectual property rights

We have made this website available to you for your non-commercial use. We may modify, withdraw, or deny you access to this website at any time.

This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use.

Materials include, but are not limited to, the design, layout, look, appearance, graphics, documents, on the website, as well as other content such as articles, reports, presentations, stories, logos, trademarks (registered or unregistered) and other text.

You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.

You may print or download materials from this website for your non-commercial use or copy the content to other individuals for their personal information provided that:

  • No materials are modified in any way
  • No graphics are used separately from accompanying text
  • Our copyright and trademark notices appear in all copies, and you acknowledge this website as the source of the material
  • The person to whom you are providing these materials is made aware of these restrictions.
  • You may not use any third parties’ likenesses, names, and/or properties without their express permission.

Our liability to you 

If we fail to comply with this Agreement, we are responsible for (and only for) loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence.

15.2 Our total liability to you for any breach of this Agreement or negligence relating to this Agreement is limited to a sum equivalent to the total amount payable by you to us under this Agreement.

15.3 We do not exclude or limit in any way our liability for:

15.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or external suppliers;

15.3.2 fraud or fraudulent misrepresentation; and

15.3.3 any other liability that cannot be limited or excluded by law

15.4 Your statutory rights are not affected by any statement contained in this Agreement. In particular, your rights are not affected by any provision which may have the effect of limiting our liability to you in the event that any service we provide is defective or fails to correspond with the description of the services we have provided. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

15.5 We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website will be available all the time or at any specific time. We reserve the right to withdraw or modify this website at any time.

15.6 We are only liable to you for losses which you suffer as a result of a breach of these terms by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

15.7 To the fullest extent permissible by law, we will not be liable to you in any way if our website (or any part of it) is unavailable at any time and for any period. We exercise all reasonable skill and care to ensure that our site is free from viruses and other malware. However, to the fullest extent permissible by law, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our website (including the downloading of any content from it) or any other site referred to on our site or owned or controlled by us. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship

15.8 You acknowledge that our website and services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into, and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via our website or services. 

 

Information on this website

While we strive to ensure the information contained on the website is accurate and up to date, we cannot guarantee that inaccuracies will not occur.

If this should happen, we will correct the information as soon as we are aware of it.

To the extent permitted by applicable law, Willow & Green LTD disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.

We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.

Information you send to the W&G website

Subject to the application of the Privacy Policy to personal data, any material you send to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled use any or all of it for any purpose, without compensation to you, including for reproduction, disclosure, transmission, publication, broadcast and posting. If you have any data specific enquiry, please contact our data and security representative via data@willowandgreen.co.uk

You must only send material to the Site if you are the original author of the material or otherwise have the necessary rights to use that material

You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.

Indemnification

By using this Site, you agree to indemnify, defend and hold harmless us and our Related Parties from all Damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:

  • Any claims for infringement of intellectual property rights, libel, defamation relating to any materials you send to the Site;
  • Any activity relating to your Internet Account, including negligent or wrongful conduct by you or anyone using the Site through your Internet Account;
  • Your breach of any provision of these Terms;
  • Any other matter regarding this Site and your use of it.

You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Linking

We may link to other websites which are not within our control. We are not responsible for these websites in any way and do not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit. You may not link to this website from another website without our consent in writing Governing Law and Jurisdiction.

This Agreement is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute (including non-contractual dispute) or difference arising under it.

Severability

If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

 

Funeral Service Terms and Conditions

WILLOW & GREEN LTD AT NEED TERMS & CONDITIONS

These are the terms and conditions on which we will provide the Willow & Green funeral services.  

Please ensure that you read these terms and conditions before proceeding with the service. By making a payment you agree to be bound by the terms and conditions set out below.

  • Definitions

When the following words are used in this Agreement, this is what they mean:

“Agreement”: means this agreement between us for provision of the Services, incorporating the terms and conditions below;

“Notice of Right to Cancel this Agreement within the Cooling Off Period of 14 Days”: as Cancellation Notice above;

“materials sent to the Site” (and “materials you send to the Site” and other like terms): means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user;

“Site Contents”: means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site;

“DWP”: means the Department of Work and Pensions; 

“Estimate and Confirmation Notice”: means the proforma providing written confirmation of the Estimate in the form annexed to these terms and conditions;

“Fees” or “Prices”: means the fees set out in the section “Fees” or “Prices”;

“Final Account”: means the invoice of all fees and disbursements incurred when providing Services to you;

“Instructions”: means instructing the Company to make specific arrangements;

“Instruction fee”: The instruction fee is a percentage of the total cost of services rendered by the company and its affiliates and third parties.

“Cremation Notice”: means a proforma notice in regard to cremation arrangements;

“NAFD”: means the National Association of Funeral Directors;

“Services”: means the services set out in the section “Services”; means any of the services we have agreed to provide to you, including, without limitation: Cremation; Direct Cremation; Exhumation; Full-Service Funeral; Memorial Service; Monumental

“Use of this Site” (and “using” and other like terms): means “any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site;

“we” or “us” or “our”: means Willow & Green LTD, a British company registered in England and Wales at Companies House and the registered number is 12051753. Our registered office is at 2Middle Row, High Street, Ashford, TN24 8SQ.

“you/your”: means the person who enters into this Agreement by making payment of the Fee;

“Nominated Third Party”: means a third party nominated by you and may include such persons or organisations as a solicitor, accountant, bank, the DWP or whoever else may be administrating the deceased person’s estate; and

“Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners;

“Cancellation Notice”: means a notice served to cease work in relation to the contract agreed, provided that such notice is served within the 14-day cooling-off period, as detailed in the Terms and Conditions;

“Ceremony Date”: means the date of the funeral, Exhumation, Cremation, Direct Cremation, Memorial Service or Repatriation as the case may be;

  • Eligibility

By entering into this Agreement you confirm that you:

  • are over 18 years old;
  • are authorised to make the funeral arrangements;
  • will pay the Fees to us as set out in this Agreement.

By accepting these terms and conditions and subsequently completing the purchase process via our telephone payment service, you are making an offer to purchase funeral services from us on the terms set out in this Agreement. We are entitled at our absolute discretion to accept or decline this offer.

  • Our terms 
  1. This Agreement sets out the conditions on which we will arrange and perform the Willow & Green LTD services you have chosen.
  2. Willow & Green LTD is currently available only where a person has died in Kent as defined by Kent County council.
  3. If you have chosen the simple funeral package, please be aware that Willow & Green LTD do not offer the services of a minister or officiant or any kind of procession. Transport will be provided for the deceased only, in a company or third-party ambulance. The cremation will be held at a crematorium of our choice on a date and time of our choice. Nobody will be allowed to witness the committal.
  4. If you have chosen our “Unattended Simple” funeral ceremony package, please be aware that Willow & Green LTD do not offer the services of a minister or officiant or any kind of procession. Up to 12 people will be admitted to the crematorium for an informal farewell on the grounds. No access t the chapel, music or attendance at the committal will be possible.
  5. If you have chosen our “Attended Simple” or “Bespoke” funeral, the cremation will be held at a crematorium on a date and time of your choice, where you will be offered provision of the chapel and the services of a Chapel Attendant. Up to? 12 people will be admitted into the crematorium where you will have a short time to play a choice of music, say a few words and witness the committal by the chapel attendant.
  6. Where repatriation services are required to transport the person who has died from outside mainland Great Britain, a third-party service provider will act on our behalf and their terms and conditions will apply.
  • General
  1. No variations in these terms can be effective unless in writing, and in the case of the Company, by a director of the Company.
  2. No failure to exercise or delay in exercising any of our rights shall constitute a waiver.
  3. In the event that any provision of the Estimate or these terms becomes invalid, illegal or unenforceable, the remainder shall survive unaffected.
  4. Nothing in these terms or in the Estimate is intended to confer on any third party, other than our respective successors or assigns, any right or remedy.
  5. Nothing in these Terms restricts or limits our liability for death or personal injury.
  6. Your continuing instructions will amount to your continuing acceptance of these Terms and Conditions.
  7. Our agreement with you shall be governed by English law and the English Courts shall have exclusive jurisdiction.
  • Extra Fees
    1. The total fee payable to us for the funeral shall be dependent on the package and add-ons you have chosen and inclusive of VAT (the “Fee”).
    2. In some circumstances you may also have to pay additional fees:

      2.1 for collecting the deceased outside the hours of 9am to 5pm Monday to Friday or on UK Bank Holidays; and/or
      2.2. The cost to remove of pacemakers or other medical implants prior to cremation where a charge is made.
      2.3. The cost to procure additional services on your behalf.
  • Estimate and Confirmation Notice
    1. An Estimate and Confirmation Notice is annexed to these terms and conditions.
    2. The Estimate and Confirmation Notice provides you with:

      2.1. Details of the Services we are providing, including the date and time, place of assembly, service, place of committal and any additional services in respect of such things as arrangements for the cremated remains; and
      2.2. An estimate of the costs of the funeral.

When signed by you, it indicates an approval of the arrangements and costs and constitutes a formal contractual agreement.

  • Disbursements
    1. We charge separately for additional expenses that we incur. Disbursements paid for on your behalf will be charged at cost plus VAT (if applicable).
    2. You authorise the Company to incur such disbursements as it considers necessary to comply with your Instructions.
  • VAT

All fees, charges and disbursements will be subject to VAT (or exempt from VAT) in accordance with VAT regulations.

  • Responsibility for Payment
    1. By providing the Company with Instructions you are solely responsible for the payment, in full, without set off or deduction, of all fees and disbursements, thereby incurred, to the Company.
    2. The Company will forward its Final Account to a Nominated Third Party, when so instructed by you.
    3. You, as our client, will be personally liable for making payment in full of all Company fees and disbursements and simply forwarding the Final Account to another person will not discharge that liability.
    4. You remain liable to the Company until full payment of the Final Account is received by us.
    5. You also remain liable for any outstanding balance due to the Company which (in applicable cases) is not discharged by your Nominated Third Party.
    6. At all times it is your responsibility, as our client, to ensure that payment is made within the payment terms detailed below (Payment Terms).
    7. Where you have received an estimate of the anticipated DWP Social Fund Grant (the “Grant”), on the basis of the information provided by you to the DWP, the Company is not responsible for any difference between the actual and anticipated Grant. If you receive less Grant than you anticipated you remain responsible for the difference.
  • Payment Terms
    1.  The agreed “Instruction Fee” must be paid in full before we perform any Services. Payment shall be made by debit or credit card over the telephone during the initial instruction and arrangement call.
    2.  If you have made or intend to make an application for a DWP Funeral Payment or any other financial assistance or grant to help you pay for the funeral, it is important to remember that in all circumstances you will still be responsible to us for payment of all of the Fees.
    3.  Some customers will be offered the option to pay in instalments at the discretion of W&G and a third-party credit provider.
    4.  The Company requires payment for Services to be provided and disbursements in cleared funds not less than twenty-four hours prior to the Ceremony Date if The Company has not agreed to a payment plan (e.g., instalments).
    5.  The Company retains the title to all goods supplied and rights obtained from third parties until such time as it receives payment in full of the Final Account.
    6.  The Company charges non surcharges on the disbursements.
    7.  The Company will produce the Final Account as soon as reasonably practical after the Ceremony Date. The Final Account details all applicable charges for Services provided and disbursements (except those payable by a pre-payment fund) and records any payments already received and any loyalty or affinity discounts. The balance shown is due for payment within 28 days.
    8.  Where settlement of the Final Account is by funds from a recognised pre-payment funeral plan, arranged in advance of the Ceremony Date, any difference between the funeral plan payment and the Final Account is your sole responsibility.
    9.  Where settlement of the Final Account has been referred by you to a Nominated Third Party, the Final Account will be sent as soon as practicable to the Nominated Third Party. A copy of the Final Account will be sent to you for your records.
  • Instalment terms and conditions

Where settlement of the Final Account is by an interest free credit agreement, between the Company and a finance house offering interest free credit, the Final Account will be submitted as soon as practicable direct to the finance house for settlement. A copy of the Final Account will also be sent to you for your records.

  • Overdue accounts
    1. Payment is due in accordance with the Company’s standard payment terms as set out in Payment Terms.
    2. In the event that these terms are not met, and an amount remains outstanding twenty-eight days from the date of the Final Account, the Company will charge interest on a rate of 1.5%, calculated at a daily basis from the date of the Final Account until payment, and compounded on the first day of each month.
    3. Debtors handed over to our Nominated Third Party company.
  • Funds held on Account

If we hold money on your behalf or where any other amount is due to you, we reserve the right to set off this money towards payment or part payment of any monies due to us. We will advise you if this is being done.

  • Valuables
  1. To avoid the risk of loss or damage to the jewellery or valuables of the person who has died, we would advise that you remove such jewellery or valuables before we bring them into our care. If you decide to leave any jewellery or valuables with the person who has died you will be doing so at your own risk.
  2. You should not assume that we are aware of jewellery or other valuables on the person who has died. Even if we are aware of them we cannot accept responsibility for their safekeeping.
  • Indemnity

        1. You will indemnify the Company and each of our connected persons from any losses, claims, demands, damages, costs, charges, expenses or liabilities (or actions, investigations or other proceedings in respect thereof) (a “Claim”) which we (or any such connected person) may suffer or incur or which may be made against us or such connected person relating to or arising directly or indirectly out of or in connection with the Instructions or following any breach by you of any of your obligations under these terms and conditions.

        2. This means that you are liable to us for losses we incur because you do not comply with these terms and conditions. For example, we will charge you an administration fee where we receive a cheque from you which is subsequently not honoured 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.

         3. The indemnity in sub clause 16.1 shall not, however, apply to the extent that the relevant Claim resulted primarily from our negligence or default or that of any of the connected persons.

         4. “connected persons” for the purposes of this clause 16 (Indemnity) shall mean any of our directors, employees or agents.

  • Cooling-Off Period
  1. The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 may give you the right to terminate this agreement in the cooling-off period of 14 days.
  2. Your rights: It is our responsibility to supply you with goods and services that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us – our contact details are given above. If you are unclear about your rights or require advice, you can contact the Citizens Advice Consumer Service on 0845 404 0506 or www.adviceguide.co.uk 
  3. Cancellation – your rights: You have a right to cancel this contract and further information is given below.
  4. Your right to cancel: You have a right to cancel this contract without giving any reason within 14 days of entering into this contract with us. However, if the service of this contract has been fully performed, i.e. completed, this contract cannot be cancelled. In order to exercise your right to cancel, you must inform us of your decision by a clear statement (i.e. a telephone call, letter sent by post, fax or email). You are advised to obtain proof that you have informed us. To meet the cancellation deadline, you should let us know that you wish to cancel before the cancellation period has expired. If you want to put this in writing, this can be sent using the details at the bottom of this page, or by email.
  5. Effects of cancellation: If you cancel this contract, we will reimburse you all that you have paid us, subject to certain possible deductions set out below. To do this, we will need a specific request from you because of the cancellation period. This will mean that you will still have a right to cancel but you will have to pay our costs for the work that we have done up to the point when you inform us of your decision to cancel. We will make the reimbursement without undue delay and not later than 14 days after the cancellation notice has been received. We will make the reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
  6. In accepting the Terms and Conditions you instruct W&G Ltd to start work on our contract on a date that we have already agreed.
  7. The Company acknowledges that you have a right to cancel this contract, as described above, within the cancellation period which ends at 14 days after the date on which the Terms and Conditions were accepted. Further, you acknowledge that, following cancellation, you may have to pay certain costs or have some reduction in reimbursement, as above.
  • How we may use your personal information
  1. We will use the personal information you provide to us to:
    1.1 provide you with the Services;
    1.2 process your payment of the Fees; and
    1.3 to inform you about our products and services. You can opt out of this at any time in the future.
  2. Other than as stated above, we will not give your personal data to any other third party unless
    2.1 we are required to do so by law or regulation; or
    2.2 you give us your permission to share your information with other third parties
  3. For further details of how we may use the personal information you provide to us, please read our Privacy Policy.
  • Bereavement Register

The Company may pass the details of the deceased to the Bereavement Register to remove the name and address from certain data bases and mailing files to assist in preventing unsolicited direct mail and identity fraud. Please advise the Company in writing if you do not require us to notify the Bereavement Register.

  • Right to inspect cremation documentation
  1. In accepting these terms and conditions, you acknowledge your right to inspect the Medical certificate and Confirmatory medical certificate (Cremation 4 & Cremation 5) as completed by the doctors certifying the cause of death as set out by the Ministry of Justice.
  2. You acknowledge that the Medical Referee can give advice as to the content of the forms (Cremation 4 & Cremation 5), but may charge a fee for doing so, for which you (and not the Company) accept responsibility for payment. You acknowledge that in exercising your right to inspect the cremation forms, some delay may be caused to the funeral arrangements.
  • Confidentiality

The Company will keep information that you supply to us in strict confidence unless you instruct us to disclose that information or it is already in the public domain or if we, in good faith, consider disclosure to be required by law or the rules of any government, regulatory or professional body.

  • Right to cancel and refund

You have the right to cancel this Agreement for a full refund within fourteen (14) days of payment of the Fee (“Cooling Off Period”).

If you wish to cancel this Agreement, this right can be exercised by notifying us within the Cooling Off Period, using the postal address or email address set out in the “How to contact us” section below.

  1. You shall be unable to cancel this Agreement for a refund after provision of the Services has commenced, even where we are providing Services during the Cooling Off Period.
  2. By contacting us (by whatever means, including via the website, email or by telephone) and requesting the Services you give us authority to carry out the Services and you acknowledge and accept that we may begin performing the Services before the end of the Cooling Off Period.
  • Termination
  1. Funeral arrangements can be cancelled, by you, upon giving notice in writing to the Company within seven days of placing the Instructions.
  2. You agree to settle in full any fees or disbursements the Company has incurred on your behalf.
  3. For your convenience a Cancellation Notice is annexed to the Estimate and Confirmation Notice and these terms and conditions.
  4. The Company may terminate its agreement with you if you fail to honour your obligations under these terms and conditions.
  5. All accrued rights and liabilities under these terms and conditions shall survive and remain in force and effect notwithstanding termination.
  • How to contact us or make a complaint
  1. If you wish to contact us for any reason, you can contact our representative(s) using the contact details provided to you following your application for the Services or, if you would prefer, our central Client Liaison Officer.
  2. We make every effort to excel in the service we provide. However, if you feel we have not met your expectations, please contact our Client Liaison Officer who will acknowledge your complaint within 2 working days and will do their utmost to ensure any complaint is dealt with as quickly and efficiently as possible. Contact details are as follows :

            Complaint Contact info:
            Addressed to: Client Liaison Officer, 2 Middle Row, High Street, Ashford, TN24 8SQ
            Telephone: 020 8124 3333  OR
            Email: complaints@willowandgreen.co.uk 

          3. If you are dissatisfied with the response from us you can take the matter further. Willow & Green LTD, is registered with the National Association of Funeral Directors (NAFD) an independent organisation whose Code of Practice we follow

             Contact details are as follows:
             Telephone: 0121 711 1343 (Between 9am to 5pm Monday to Friday)
             Email: info@nafd.org.uk

www.nafd.org.uk

            4. You also have access to an Online Dispute Resolution (ODR) platform which is provided by the European Commission. It allows consumers to submit complaints through the site and the complaint will then be allocated to an approved and appropriate Alternative Dispute Resolution Provider (ADR). For more information on this service please visit http://ec.europa.eu/consumers/odr.

The National Association of Funeral Directors when handling complaints uses one of the approved Alternative Dispute Resolution providers and you can gain direct access to them by using the NAFD contact details provided above.