Memoria Funerals is a trading name of Low Cost Funeral Limited who are authorised and regulated by the Financial Conduct Authority.
Low Cost Funeral Limited is the funeral plan provider. At the time of need your funeral will be provided by Memoria Funerals.
Definitions
Business Charge: the charge by Memoria Funerals to set up and administer the Funeral Plan. The Business Charge is already included in Your agreed Funeral Plan price. Please refer to Section 9 of Your Funeral Plan Summary document.
Funeral Plan Summary: a document which explains what is and is not included in Your Funeral Plan, how You will pay for Your Funeral Plan and information on cancelling Your Funeral Plan and making a complaint.
Insurance Provider: the provider that your money is placed within an insurance policy with, chosen by Memoria Funerals .
Membership Pack: the paperwork sent to you via email immediately (if an email address is provided) and followed by a paper copy within 14 days of the purchase of Your Funeral Plan.
Payment Method: means the way that You have chosen to pay for Your Funeral Plan.
Plan Holder: means the person(s) whom the Funeral Plan is for. The Plan Holder may also be the Plan Purchaser.
Plan Purchaser: means the person who is paying for the Funeral Plan and is responsible for making all the payments due under the Payment Method. The Plan Purchaser may also be the Plan Holder.
Plan Start Date: means the date that Your Funeral Plan commences. Your Funeral Plan commences from the date of receipt of the plan documents.
Nominated Representative: means the Plan Holder’s chosen Nominated Representative or anther Representative who has legally been appointed e.g. executor or trustee, etc.
Us/We/Our: means Memoria Funerals, a trading name of Low Cost Funeral Limited and will hereafter be referred to as Memoria Funerals.
You/Your: means the covered individual and their Nominated Representative
(Your) Funeral Plan: means the funeral plan that You have chosen.
2. Your Memoria Funerals Plan and these Terms and Conditions
Your Funeral Plan is an agreement between You and Us. The Agreement is made up of these Terms and Conditions, together with Your Funeral Plan statement and Your Funeral Plan Summary (incorporated by reference).
These Terms and Conditions apply to the Agreement to the exclusion of any other terms that You may wish to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
We reserve the right to amend Your Funeral Plan if we are required to do so by any applicable statutory or regulatory requirement.
3. Taking out a Funeral Plan
Funeral Plans are provided for UK residents over 40 years of age. At the time that you redeem your funeral plan you must be located in Great Britain. Memoria Funerals is unable to provide a funeral to those outside of the United Kingdom at the time of need.
Your Funeral Plan covers you for cremation in the UK only. If you die abroad, but wish to be repatriated back to the UK for cremation, your Nominated Representative or executors would need to make these arrangements. You should also be aware that there may be additional charges required to provide your cremation in such circumstances which are not included in your plan price.
Funds to cover Your funeral, minus the Business Charge, are placed with one of Our chosen insurance providers. Details of Your provider can be found on Section 4 of the Funeral Plan Summary. Please note that for all whole of life policies, the provider will pay out the proceeds to Memoria Funerals.
By taking out a Funeral Plan, You are agreeing to buy Your Funeral Plan on these Terms and Conditions and are responsible for making all the payments due under the selected Payment Method. You have the rights and benefits set out in these Terms and Conditions, which will be passed to Your estate or Your Nominated Representative on Your death.
4. The Aim of The Plan
To provide a funeral for the covered individual upon death based on the Funeral Plan. The funeral will be arranged by Memoria Funerals.
5. What Your Funeral Plan Includes
The Funeral Plan includes the services described in Section 1 of Your Funeral Plan Summary (“Services”). The Plan Price includes the administration and processing Business Charge.
All of Our set plans include Our Memoria Funerals services and fees, for example, crematorium fees. All of these fees are fixed, which means Your family/next of kin will not pay more for the services included in Your Funeral Plan Summary at the time of need. If certain elements of Your Funeral Plan are not available at the time of Your funeral, We will provide reasonable alternatives.
If You fail to make a payment due under Your Funeral Plan and this Agreement by the due date, then We will contact you to discuss bringing your payments up to date. We may cancel your funeral plan if you have missed two payments and you fail to bring your payments up to date upon
6. Payment Methods
Payment in Full: the money paid to Memoria Funerals for Your Funeral Plan will be used to purchase a whole of life insurance policy with Our chosen life insurance provider. You shall make payment either by single payment by credit or debit card, one-off direct debit, bank transfer or funeral finance option. Memoria Funerals will be the beneficiary of this policy upon Your death and use the funds to fulfil Your Funeral Plan. You must be aged between 40 and 99.
7. Funeral Safe
On request, Memoria Funerals will introduce Youto Funeral Safe Limited, an FCA-regulated funeral finance provider who offer a finance term from 2 to 8 years subject to status and personal circumstances. Customers who select this option are provided with Pre-Contract Credit Information, Adequate Explanations and a Credit Agreement directly by Funeral Safe Limited. Funeral Safe can be contacted on 0330 002 0875 or by visiting their website at: funeralsafe.co.uk. Your Funeral Plan may be cancelled if You do not keep up repayments detailed in the Funeral Safe documentation. Customers who select funeral finance may pay more than the price of the Funeral Plan, further information about the total amount payable is detailed in the Funeral Safe documentation.
Memoria Funerals is a credit broker, not a lender and may receive commission for making such an introduction.
8. What Your Funeral Plan Does Not Cover
The Funeral Plan does not include services described in Section 2 of Your Funeral Plan Summary. Cost for other services or special requests, for example, a memorial, headstone, flowers and catering are not included in the Funeral Plan. You can make note of your wishes for these services, but we cannot take payment for such additional goods or services now. These additional goods or services would need to be paid for at the time of need.
If any other fees are required that are not included in Your Funeral Plan, they will need to be paid for separately at the time of need. These will be detailed on Your Funeral Plan Summary and can include but are not limited to, battery operated implant removal e.g. pacemaker, a larger coffin, collection fee, delivery of ashes or doctor’s fees.
9. Your Funeral Plan Documents
We will send your Membership Pack by email within 48 hours of taking out Your Funeral Plan and a paper copy, within 14 days of Your Plan purchase date. You should keep these documents in a safe place and let Your family or Representative know where they are kept.
10. What Your Nominated Representatives and/or Family Need to do at the Time of Need
Our friendly and supportive team are available 24 hours day, 7 days a week. Please call Us on 0800 007 3580.
Memoria Funerals shall use all reasonable endeavours to supply the Services at the time of need in accordance with the Funeral Plan. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
Memoria Funerals shall not be in breach of the Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from an event outside of Memoria Funeral’s control. The time for performance of such obligations shall be extended accordingly.
11. Change Of Address Or Change In Details
If You need to update Your details, please call Us on 0800 007 3580 or email Us at info@memoriafunerals.co.uk. Alternatively, You can write to Us at Memoria Funerals, The Pool House, Bicester Road, Stratton Audley, Oxfordshire, OX27 9BS.
12. Limitation of liability
References to liability include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
In any event, Memoria Funeral’s total liability to You shall not exceed the amount paid by You at the date that you redeem your Funeral Plan against Memoria Funerals.
13.VAT
Most elements of the funeral service are currently value added tax (VAT) exempt. Your Funeral Plan will not include VAT as it is not currently charged on the items/services included in Our set Funeral Plans. Some additional services may include VAT, according to the regulations set out by HM Customs and Revenue. We include VAT at its current rate on the cost of any additional services in Your Funeral Plan for which VAT is currently payable at the rate applicable at the Funeral Plan purchase date.
14. How We Hold Information About You Or Your Nominated Representatives
The information we hold about You and Your Nominated Representative will be used for the purpose of administering Your Funeral Plan, for the purchase of the whole of life insurance policy from Our chosen life insurance provider. For details of how We store and handle Your data please see Our Privacy Policy at www.memoriafunerals.co.uk
15. General
This Agreement is personal to You and You may not assign or transfer the benefit of it to anyone.
No variation of this Agreement shall be effective unless it is in writing and signed by both parties (You and Us).
A waiver of any right or remedy shall not be deemed a waiver of any subsequent right or remedy. Any delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
16. Complaints
If You would like to make a complaint, please email complaints@low-cost-funeral.co.uk , or call Us on 0800 007 3580. Alternatively, You can write to Us at Memoria Funerals, The Pool House, Bicester Road, Stratton Audley, Oxfordshire, OX27 9BS. We will aim to resolve Your complaint as soon as possible. If further investigation is required, We will write to You to let you know. If You are not happy with our proposed resolution, You can refer Your complaint to the Financial Ombudsman Service for free at www.financial-ombudsman.org.uk or by contacting them on 0800 023 4567. For further information please see Our complaints policy on www.memoriafunerals.co.uk for further information.
17. Cancelling Your Funeral Plan
You have the right to cancel Your Funeral Plan and to receive a full refund with no obligation within 30 days of the Plan Start Date. If You cancel Your Funeral Plan after 30 days of the Plan Start Date, any monies paid, less than the cancellation fee of £299 will be refunded.
If following the death of the plan holder, the Representative or estate do not wish to use this plan, the plan will be cancelled and the monies paid, less the cancellation fee of £299 will be refunded. However, if we receive notification to cancel the plan after we have already started the process of arranging Your funeral, a refund may still be provided minus any costs incurred up until the point of cancellation.
18. Making changes to your funeral plan
If You would like to make any changes to Your Funeral Plan, You can do so by contacting Us. You can change Your personal funeral wishes at any time. If You would like to upgrade or downgrade Your Funeral Plan, or change Your payment method, there may be related costs.
19. Financial Services Compensation Scheme (FSCS)
If We are unable to meet Our liabilities, You or the covered individual may be entitled to compensation from the Financial Services Compensation Scheme. First, We will try to find replacement cover for Your Funeral Plan on a like for like contract with another regulated provider. If this is not possible the FSCS will protect plan holders and will refund plan holders the cost of a Funeral Plan at that time. Further information about the limits applicable to the different product types is available from the FSCS at fscs.org.uk/what-we-cover/products.
20. Law
Law of Scotland applies if You reside in Scotland and the courts of Scotland shall have jurisdiction. Law of England and Wales applies if You live in England or Wales, and the courts of England and Wales shall have jurisdiction.
