© Copyright Tyde Group Limited 2021
Terms and Conditions
TYDE GROUP LIMITED – TERMS AND CONDITIONS OF SERVICE
Please read all of these terms and conditions carefully before you order any funeral services because, by ordering, you agree to be bound by them. If you do not accept these terms and conditions, you should not order any funeral services from us.
You may wish to print and save a copy of these terms and conditions for your future reference.
1. These terms
1.1 What these terms cover These are the terms and conditions on which we supply funeral services to you, from organising the funeral in accordance with the preferences you select to providing an online portal through which you can manage associated matters.
1.2 Why you should read them Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide funeral services 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
2.1 Who we are We are Tyde Group Limited, a company registered in England and Wales. Our company registration number is 12658702 and our registered office is at Unit 4 St John's House, Haslett Avenue West, Crawley, West Sussex, United Kingdom RH10 1HS.
2.2 How to contact us You can contact us by telephoning us on 0333 444 2211 or by writing to us at firstname.lastname@example.org or Tyde Group Limited, Unit 4, St. John’s House, Haslett Avenue West, Crawley, RH10 1HS.
2.3 How we may contact you If we have to contact you we will do so by telephone or by writing to you using the telephone number or the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Contract restrictions
3.1 Consumers only Our funeral services are only intended for use by consumers (that means people who want to buy our funeral services for personal reasons and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our funeral services for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.
3.2 Confirmation of personal status By placing an order with us through our website, you are confirming to us that you are a consumer, that you are at least 18 years old and that you are not purchasing our funeral services for any business purposes.
3.3 Right to make arrangements We have no way to know who has the legal right (for example by virtue of being next of kin, an executor of the estate or an individual acting on such persons' instructions) to arrange a funeral for someone who has died. We can accept no responsibility where an individual has placed an order through our website but is subsequently found not to have such authority.
3.4 Restrictions on areas of service We only provide funeral services in England and Wales. This means that we cannot perform services at locations outside these areas, including without limitation the repatriation of a deceased body to England or Wales.
4. Our contract with you
4.1 Contract terms We revise our terms and conditions from time to time. You and your order will be subject to the terms and conditions in force at the time that you submit your order.
4.2 How we will accept your order When you place an order and we accept it, a new contract is created between you and us. Following completion of the booking process on screen or over the phone we will provide confirmation of your order by email sent to the address you provided. This email confirmation also indicates our acceptance of your order, and a contract will come into existence between you and us when you receive it.
4.3 If we cannot accept your order If we are unable to accept your order, we will inform you of this by email and will not charge you for the funeral services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to provide the funeral services on the date you have specified.
5. Our funeral services
5.1 Product images The images of our funeral services and the products supplied as part of them (such as coffins, urns, floral tributes, sympathy products) on our website are for illustrative purposes only. For example the dimensions of floral tributes are approximate only and the actual size and presentation may vary slightly to what is displayed on our website. In addition while we have made every effort to display the colours accurately, we cannot guarantee that a device's display accurately reflects the colour of any products we supply. The products delivered as part of the funeral services may vary slightly from those images.
5.2 Funeral services information The information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we will contact you to try and agree an appropriate substitution and any associated charges. If we are unable to do so for any reason we reserve the right not to supply the affected funeral services to you. We will notify you if this is the case and will not charge you for that element of the funeral services.
5.3 Fulfilment of funeral services While we are responsible for coordinating the delivery of the funeral services you acknowledge that elements of the funeral package and associated products will be fulfilled by our carefully selected partners.
5.4 Live streaming Some attended cremation venues offer an ability to stream funeral services live. Our booking pages will set out if live streaming is available at a particular venue. This service is offered to you free of charge. We do not have any control over the provision of such streaming services and cannot accept responsibility in respect of its operation or unavailability.
6. Your responsibilities
6.1 What is included what is / is not included in the service is set out in the Arrange Now section of our website: www.tyde.co/arrangenow. We may need to change the funeral services from time to time but will only do so in accordance with paragraph 9.
6.2 Formalities You are responsible for:
6.2.1 obtaining a medical certificate of cause of death from a medical professional who has verified the death – this is required before we can collect the deceased;
6.2.2 registering the death of the deceased person in the district where the death has occurred – you must provide us with a copy of the Green Form provided by the applicable registry office at least 72 hours before the scheduled cremation date; and
6.2.3 providing us with a copy of a completed Cremation Form 1 at least 72 hours before scheduled cremation date.
6.3 Personal items, money and jewellery You should remove all personal items, money, jewellery and other valuables from the deceased prior to collection. We will make a record of any such items left with the deceased at the time of collection and, unless you tell us otherwise, these will be returned to you prior to cremation. The deceased will be transferred from the place of collection in the clothing worn. All undergarments, nightwear or soiled clothing will be treated as waste. All other clothing and shoes will be returned to you or at your instruction disposed of by a means we think appropriate.
7. Price and payment
7.1 Where to find the price for the funeral services The price of the funeral services (which includes VAT) will be the price indicated on the order pages when you placed your order. The price is made up of two elements, our fixed service fee for handling the funeral arrangements and the charges for each option selected by you. These options are supplied to you at the same price we typically pay to our fulfilment partners as notified to you before you place your order and confirmed in our acceptance of your order. We take all reasonable care to ensure that the total price of the funeral services advised to you is correct. However please see paragraph 7.2 for what happens if we discover an error in the price of any part of the funeral services you order.
7.2 What happens if we get the price wrong It is always possible that, despite our best efforts, some of the funeral services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where any element of the funeral services' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If an element of the funeral services' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept and process your order. If we accept your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an error, we will contact you on becoming aware of the issue and offer you the choice to pay the difference between the price that should have been charged and the actual price paid or to end the contract. If you choose to end the contract we will refund you any sums you have paid but may require the return of any products provided to you as part of the funeral services. If you wish to keep any of the products already supplied then we will be entitled to deduct the cost we actually incur for such items from the sums refunded to you.
7.3 When you must pay and how you must pay We accept payment by the following methods:
7.3.1 all major credit and debit cards including Visa, MasterCard, American Express and Solo. When you pay using a credit or debit card you must pay the price in full when your order is confirmed. We will pre-authorise your card for the full price at the time you place your order but will not take payment until we have issued our confirmation email; and
7.3.2 in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, three payment options are available, where payment is made by you to Klarna: (a) Pay Later in 30 days (interest free); (b) Pay Later in 3 instalments (interest free); and (c) financing with payments spread over 6 to 36 months (interest payable). Further information on how these options work and Klarna's user terms can be found here. General Information on Klarna can be found here.
7.4 What to do if you think the amount you have been charged is wrong If you think you have been charged incorrectly, please contact us promptly to let us know so we can address any queries and resolve the issue for you
8. Your rights to make changes
If you wish to make a change to the funeral services you have ordered, please contact us. We will let you know whether the change is possible. If the change is possible, we will let you know about any changes to the price of the funeral services 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 we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 11, Your rights to end the contract).
9. Our rights to make changes
9.1 Minor changes to the funeral services We may change the funeral services to reflect changes in relevant laws and regulatory requirements. These changes will not affect the fundamental nature of the funeral services you receive. Even so where possible we will always try to discuss any changes which may impact on the funeral services we will provide with you.
9.2 Substitutions of elements of the funeral services Occasionally for reasons outside of our control we may be unable to deliver an element of the funeral services that you have selected. Where this happens we will contact you to try and agree an appropriate substitution. If we are unable to do so for any reason we reserve the right not to supply the affected funeral services to you. We will notify you if this is the case and will not charge you for that element of the funeral services. If you are unhappy with the proposed substitution or our decision not to supply the affected part of the funeral services, you may want to end the contract (see paragraph 11, Your rights to end the contract).
9.3 Covid-19 pandemic: We may need to make changes to the funeral services from time to time in order to observe governmental guidance and restrictions related to the Covid-19 pandemic. We will always try to minimise such changes and keep you updated on their impact on the funeral services we will provide to you.
10. Providing the funeral services
10.1 When we will provide the funeral services You can select your preferred date for the provision of the funeral services as part of the booking process. We will provide the funeral services to you on the dates and times notified to you by email following our confirmation of your order.
10.2 We are not responsible for delays outside our control If our supply of the funeral services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take reasonable 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 funeral services you have paid for but not received.
10.3 Reasons we may delay the supply of the funeral services to you We may delay the supply of the funeral services if:
10.3.1 we need certain information from you so that we can supply the funeral services to you, for example, a medical certificate of cause of death, and you have not provided this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information;
10.3.2 we are notified by your payment provider that a payment has been fraudulently made and is to be cancelled; or
10.3.3 we are contacted by a third party who alleges you do not have authority to make arrangements for the funeral services.
We will not be responsible for supplying the funeral services late or not supplying any part of them if we delay the supply of the funeral services for any of these reasons.
10.4 What happens if we delay the supply of funeral services We will contact you in advance to tell you we will be delaying supply of the funeral services except in an emergency. Yours and our rights when we delay the supply of funeral services will depend on why the funeral services were delayed:
10.4.1 if you have not given us required information and we have to delay the supply of the funeral services for more than 5 days, we may either end the contract (in which case condition 13 shall apply) or, provided we are still legally able to perform the funeral services, make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result;
10.4.2 if we receive notice your payment was fraudulently made and we do not receive full payment within 2 days of our notice of delay and request for payment, we may end the contract (in which case condition 13 shall apply); and
10.4.3 if it is alleged you do not have the right to arrange the funeral services we may end the contract or you may contact us to end the contract. We will be entitled to retain our fixed service fee but will refund you any charges for your selected options that we have not provided (so long as such charges have not been incurred by us prior to the date the contract ends). We shall be entitled to deduct from this refund a reasonable sum to compensate us for any additional charges we may incur from our fulfilment partners as a result of the delay. In addition if you notify us that you wish to keep any of the products that we have arranged on your behalf as part of the funeral services but not yet supplied, we may agree to deliver these to a delivery address notified by you subject to deducting from your refund the charges we have incurred for such products together with an additional reasonable sum to compensate us for any extra costs that we may incur in doing so.
11. Your rights to end the contract
11.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the funeral services we have provided and when you decide to end the contract:
11.1.1 if what we have provided is faulty or misdescribed you may have a legal right to end the contract or to get some or all of your money back, see paragraph 14: If there is a problem with any part of the funeral services;
11.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see paragraph 11.2;
11.1.3 if you have just changed your mind about the funeral services (or any part of them), see paragraph 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
11.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see paragraph 11.6.
11.2 Ending the contract because of something we have done or are going to do If you are ending a contract for a reason set out at paragraphs 11.2.1-11.2.5 below the contract will end immediately and we will refund you in full for any funeral services which have not been provided or have not been provided properly and you may also be entitled to compensation. The reasons are:
11.2.1 we have told you about an upcoming change to the funeral services or these terms which you do not agree to;
11.2.2 we have told you about an error in the price or description of the funeral services you have ordered and you do not wish to proceed;
11.2.3 there is a risk that supply of the funeral services may be significantly delayed because of events outside our control; or
11.2.4 you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms.
11.4 When you don't have the right to change your mind You do not have a right to change your mind in respect of:
11.4.1 items which are made to your specification or are clearly personalised;
11.4.2 perishable products (that is products which are liable to deteriorate or expire rapidly such as fresh flowers); or
11.4.3 services, once these have been completed, even if the cancellation period is still running.
11.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the funeral services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the funeral services provided up until the time you tell us that you have changed your mind. This will include our fixed service fee which relates to the administrative costs we incur in arranging and providing the funeral services and will be applied on a pro rata basis.
11.6 Ending the contract where we are not at fault and there is no right to change your mind Even if we are not at fault and you do not have a right to change your mind (see paragraph 11.1), you can still end the contract before we finish providing the funeral services to you and you have paid for them, but you may have to pay us compensation. If you want to end a contract before it is completed, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for funeral services not provided, but we may deduct from that refund our fixed service fee and any charges we have incurred to our fulfilment partners.
11.7 Your right to keep products arranged for you by us as part of the funeral services If you end your contract but notify us that you wish to keep any of the products that we have arranged on your behalf as part of the funeral services but not yet supplied, we may agree to deliver these to a delivery address notified by you subject to deducting from your refund the charges we have incurred for such products together with an additional reasonable sum to compensate us for any extra costs that we may incur in doing so.
12. How to end the contract with us (including if you have changed your mind)
12.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
12.1.1 Telephone or email Call customer services on 0333 444 2211 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your telephone number and email address.
12.2 How we will refund you We will refund you the price you paid for the funeral services by the method you used for payment. However, we may make deductions from the price, as described in section 11 above.
12.3 When your refund will be made We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us this.
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
13.1.1 we are notified by your payment provider that a payment has been fraudulently made and is to be cancelled and we do not receive full payment within 2 days of our notice and request for payment to you;
13.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the funeral services; or
13.1.3 you do not, within a reasonable time, allow us to deliver the funeral services to you;
13.2 You must compensate us if you break the contract. If we end the contract in one of the situations set out in paragraph 13.1 we will refund any money you have paid in advance for funeral services we have not provided but we may deduct our fixed service fee, any charges we have incurred to our fulfilment partners and any additional costs we may incur as a result of ending the contract as compensation for the net costs we will incur as a result of your breaking the contract.
14. If there is a problem with any part of the funeral services
14.1 How to tell us about problems If you have any questions or complaints about any part of the funeral services, please contact us. You can telephone our customer service team at 0333 444 2211 or write to us at firstname.lastname@example.org or Tyde Group Limited, Unit 4, St. John’s House, Haslett Avenue West, Crawley, RH10 1HS.
14.2 Summary of your legal rights We are under a legal duty to supply funeral services that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the funeral services. Nothing in these terms will affect your legal rights.
15. Our responsibility for loss or damage suffered by you
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen, for example, if you discussed it with us during the sales process.
15.2 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 funeral services including the right to receive services which are supplied with reasonable skill and care or to receive products which are not defective under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. We only supply the funeral services for domestic and private use. If you use the funeral services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
16. How we may use your personal information
16.1 How we will use your personal information We will use the personal information you provide to us:
16.1.1 to supply the funeral services to you; and
16.1.2 to process your payment for the funeral services.
16.2 We may pass your personal information to third parties in order to provide the funeral services to you. These can include third party suppliers (such as a florist, undertaker, funeral director or the crematorium), transport providers or official bodies such as the police or coroner.
16.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
17. Use of our website and online portal
17.1 Access to our website You may access most areas of our website without registering your details with us, however to place an order and use the online portal you will need to register an account. You are responsible for making all arrangements necessary for access to our website. We grant you access to our website on a temporary basis. We do not guarantee uninterrupted access to our website and make no guarantees as to its operation, functionality or otherwise.
17.2 Changes to our website We may change the arrangements for access to, deny access to, close or suspend part or the whole of our website or any of the services offered on our website (other than the online portal), at any time, for any period of time, and for any reason without telling you beforehand and without liability.
17.3 Availability of and changes to our online portal While the online portal is provided on an "as is" basis, we will use reasonable efforts to make it available to you 24 hours a day, 7 days a week, except during any planned maintenance or emergency maintenance. We will try to carry out such maintenance outside periods of usage and to provide advance notice of such maintenance either on our website or by email. We may modify the features and functionality of the online portal at any time provided there is no depreciation in any material feature or functionality which has a material adverse effect on your use of the online portal. We
17.4 Protection of content of our website Please keep your username, password and any other information relevant to your access to our website and/or the creation of an account, confidential. You must not give this information to anyone (except where you have registered on behalf of somebody else in which case you may disclose the information to them only). We are the owner or the licensee of all intellectual property rights and data in our website and in material published on it, including the “look and feel” of our website. These rights are protected by laws and treaties around the world.
17.6 Accuracy of content The information contained in our website has been published in good faith and we will do our best to ensure that it is accurate, but in some cases it may be incorrect, incomplete or out of date. We are not obliged to keep our website content accurate, complete or up to date and shall not be responsible for pricing, typographical, or other errors on our website, except as set out in these Terms and Conditions of Service. The content of our website is not intended to amount to advice so please do not rely on it.
17.7 How you can use our website You may use our site only for lawful purposes and in accordance with this paragraph 17. You may print or download / save one copy of each page of our website for your personal reference and any information we expressly make available for such purposes on the website. You must not otherwise copy, scrape, distribute, reproduce or modify any material printed or downloaded from our website. You must not use any illustrations, photographs, video or audio sequences or any graphics from our website separately from any accompanying text, or remove any indications of ownership. Where there are no indications of ownership you must acknowledge our status (and that of any identified contributors) as the authors of the material. You must not post or publish any copies or downloads of materials which come from our website on any networked computer, or make any statements or undertake any actions which could result in liability for us.
17.8 What you cannot do with our website You must not use, or attempt to: (a) use our website to carry out or assist any unlawful or criminal activity; (b) post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, malicious, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other person's computer system; (c) access parts of our website that are not intended for public use; (d) access without authority, interfere with, damage or disrupt any equipment, network or software on which our site is stored or which is used or owned by our site or that of a third party; or (e) assist, encourage or permit any other person to do any of the acts described above
17.9 Computer viruses We will try to ensure that our website is free of viruses, however, unfortunately due to the inherent risks associated with using the Internet we cannot guarantee that it is. It is your responsibility to protect your computer against viruses and ensure that you log off shared computers after using our website.
17.10 Links to / from our website We will provide you with a link to your personalised page on the online portal that you can share with anyone you like. This link will allow them to access your page and any information that you have made public on it (for example the online obituary or donations information). You may not] however link this website to any other website. We do not make any promises about the content of any other website which may be referred to or accessed by hypertext link from this website, and we do not endorse, approve or take responsibility for the content of such third-party websites. If you have any queries about such websites, you should contact the operator of the website. We recommend that you always check the websites’ terms and conditions before you use them.
17.11.1 we may close our website;
17.11.2 we may temporarily or permanently prevent you from using the whole or any part of our website (e.g. the online portal);
17.11.3 we may issue a warning to you;
17.11.4 we may take legal proceedings against you (and may seek reimbursement of all costs any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach of this policy on an indemnity (pound for pound) basis;
17.11.6 we may disclose such information to law enforcement authorities as we feel is necessary.
18. Other important terms
18.1 We may transfer this contract to someone else We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 5 business days of us telling you about it and we will refund you any payments you have made in advance for any part of the funeral services not provided.
18.2 You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree to such transfer if we reasonably think you are doing so for your own or anyone else's business purposes or where you do not have authority to make the arrangements for the funeral services.
18.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.
18.4 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.
18.5 Which laws apply to this contract and where you may bring legal proceedings These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the funeral services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the funeral services in either the Scottish or the English courts. If you live in Wales you can bring legal proceedings in respect of the funeral services in either the Welsh or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the funeral services in either the Northern Irish or the English courts.
18.6 Alternative dispute resolution Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact RetailADR by visiting www.retailadr.org.uk or writing to Retail ADR, 12-14 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes, MK12 5TW.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To [INSERT SUPPLIER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.