Terms & conditions

1. Who the contract is with

"Valentines" is the public-facing name used by our funeral businesses. Your contract is with the legal company named on your written estimate or arrangement confirmation (the "Contracting Company"):

• Valentines Family Funeral Directors Ltd, company number 09445193; or
• G.M. Valentine Ltd, company number 15389793.

Both companies have the registered office: Suite 5, 1–2 Leonard Place, Westerham Road, Keston, Kent, England, BR2 6HQ.

Central contact: Valentines Family Funeral Directors, 262 High Street, Orpington, Kent, BR6 0NB; office@valentinesfunerals.com; 01689 798448.

In these terms, "we", "us" and "our" mean the Contracting Company. "You" means each person named as the client on the estimate or arrangement confirmation.

2. Scope of these terms

These terms apply to at-need funeral arrangements and related goods and services supplied to a consumer. They are read together with the written estimate, arrangement confirmation, relevant price lists, any written changes and any cancellation information we give you.

Separate terms may apply to pre-paid funeral plans, credit or finance, monumental masonry, repatriation, online memorials, donations or another specialist service. If separate terms apply, we will identify them before you commit. A pre-paid funeral plan is provided or arranged under the documents of the relevant FCA-authorised provider; these terms do not replace those documents.

3. How the contract is made

We will give you a written estimate or arrangement confirmation describing the goods and services requested, the price or how it will be calculated, and the Contracting Company. Please check it carefully.

A contract is made when we accept your instructions, you sign or otherwise confirm the arrangement, or (at your express request) we begin work. Where a statutory cancellation right applies, section 10 and Appendix A also apply.

The specific written estimate and confirmed written changes take priority over these general terms for the particular arrangement. These terms take priority over general website descriptions. Information about us or the service that we give you, and which you take into account when deciding to contract, may also become binding under consumer law.

No change to the contract is effective unless agreed by you and us, except for a change required by law or an urgent step permitted under section 7.

4. Your authority and the nominated client

By instructing us, you confirm that you are legally entitled or properly authorised to make the funeral arrangements and that you will tell us promptly about anyone who may have an equal or better right to give instructions.

We may ask for evidence of identity, relationship, authority, executor status or the agreement of other family members. Where several people share authority, we may require them to nominate one spokesperson in writing. We may rely on instructions from the named client or authorised spokesperson until told in writing that their authority has changed.

If there is a genuine family dispute, conflicting instruction, court order, safeguarding concern or uncertainty about authority, we may pause any step that can reasonably wait while the position is clarified. We will continue any care that is necessary for dignity, safety or legal compliance and will take reasonable steps to minimise delay and cost.

You are responsible for ensuring that information and approvals you give us are accurate and complete. If a material inaccuracy, withheld fact or unauthorised instruction causes us direct loss, you may be responsible for the reasonable loss actually incurred, provided we take reasonable steps to reduce it. This does not make you responsible for loss caused by our breach, negligence or failure to take reasonable care.

5. Our service standards and your statutory rights

We will provide services with reasonable care and skill, in accordance with the description and information agreed with you, and within the agreed time or, if no time is agreed, within a reasonable time.

Goods we supply must be of satisfactory quality, fit for any purpose you make known to us and as described, subject to lawful qualifications such as natural variations explained before purchase.

If a service does not conform to the contract, consumer law may give you the right to require repeat performance where possible or an appropriate price reduction. Other remedies may also be available. Nothing in these terms excludes or restricts a right or remedy that the law says cannot be excluded or restricted.

6. Estimates, prices and third-party charges

Your written estimate sets out the goods and services we expect to provide and the information available at the time. It will distinguish our charges from estimated third-party charges where reasonably possible and state VAT where applicable.

Our charges will not change simply because our general prices later change. They may change where:

• you ask us to change or add goods, services, dates, locations or instructions
• information supplied to us was materially incomplete or inaccurate
• an unforeseen condition or requirement arises that could not reasonably have been identified when we prepared the estimate; or
• a third party changes a fee that we must pay for your arrangement.

We will explain the reason and likely cost and seek your agreement before incurring an additional charge wherever reasonably possible. If an urgent step is necessary to protect the person who has died, comply with law or prevent materially greater loss and we cannot contact you, we may take the minimum reasonable step and will explain it and the cost as soon as possible.

Third-party charges may include crematorium, cemetery, officiant, doctor, venue, newspaper, florist, transport, repatriation and similar charges. We will use the best information reasonably available, confirm changes promptly and show the actual charges on the final account. We will not add an undisclosed fee.

Our Standardised Price List, Additional Options Price List and relevant local crematorium prices are available in branch and on our website. Bespoke prices will be given before you agree to buy.

7. Instructions, approvals and changes

Please give changes as early as possible. We may ask you to confirm a change in writing, including by email, so there is a clear record. A change is subject to availability and may affect the date, price or ability to provide another part of the service.

You are responsible for checking names, dates, spellings, photographs, music, readings, notices, inscriptions, routes and other proofs by the deadline we give you. We remain responsible for errors we introduce after your approval; you may be responsible for the reasonable cost of correcting an error that appeared in the information or proof you approved, where it was clear and we had not caused it.

If a requested change affects a bespoke product or a booking already placed, you may have to pay the reasonable cost of work already done and any third-party charge that cannot reasonably be recovered. We will take reasonable steps to reduce those costs.

8. Payment

The named client is personally responsible for payment, even if payment is expected from an estate, bank, insurer, benefit, funeral plan provider, family member or another third party, unless we expressly agree otherwise in writing.

If more than one person is named as client, each is responsible for the full amount due, although we will not recover more than the amount owed.

We may require a deposit, payment of third-party charges or payment for bespoke goods before placing an order or making a booking. The amount and due date will be stated in the estimate or invoice.

Each invoice is payable by the date shown on it. Unless we agree a different payment plan in writing, the balance must be received as cleared funds at least five working days before the funeral.

If payment is late, we will contact you and give a reasonable opportunity to resolve the position. Subject to the dignity and lawful care of the person who has died, we may pause an unperformed service, decline to place further orders or, as a last resort, terminate under section 12 where the non-payment is serious and unresolved.

We will not withhold the person who has died or cremated remains as security for payment. We may recover a reasonable direct cost of a rejected payment or third-party debt recovery only where the cost was actually and reasonably incurred, legally recoverable, not duplicated and explained to you. Any late-payment interest or administration charge applies only if its amount or method of calculation was clearly stated before the contract was made and is fair.

Please tell us promptly if you anticipate difficulty paying. Any payment arrangement must be confirmed in writing.

9. Funeral plans and third-party funding

Where a pre-paid funeral plan is used, the plan provider decides what the plan covers under its own regulated terms. We will identify any requested item not covered by the plan and obtain your agreement to the additional price before providing it.

An application for payment from an estate, bank, insurer, the Social Fund or another source does not remove the named client's responsibility unless we agree in writing to accept that source as the sole payer. Delay or refusal by a third party does not automatically extend the payment date, but we will consider a reasonable written payment arrangement.

10. Statutory cancellation rights for distance and off-premises contracts

If the contract is made entirely by telephone, email or online, or is made away from our business premises (for example in your home), you will normally have 14 days to cancel without giving a reason. The period starts on the day after the contract is made. There is not normally an automatic 14-day change-of-mind right for a contract made at our premises, but section 11 still allows you to end your instructions.

You may cancel by any clear statement, including email, letter or telephone. You may use the model form in Appendix A, but you do not have to. We will acknowledge the cancellation.

Funeral arrangements often need to begin immediately. We will not begin a service during the 14-day period unless you expressly request this on paper or another durable medium. You must also acknowledge that, once the service has been fully performed, you lose the statutory right to cancel that completed service. Suggested wording is in Appendix B.

If you validly cancel after expressly requesting an early start, you must pay a reasonable amount proportionate to the service supplied up to cancellation. You will not have to pay for work started during the cancellation period if the law prevents us charging because we did not give the required information or obtain the required request.

The statutory change-of-mind right may not apply to goods made to your specification or clearly personalised, such as bespoke printed material, an engraved item or a made-to-order memorial. Your rights remain if goods are faulty, not as described or otherwise do not conform to the contract.

Where the statutory cancellation rules require a refund, we will make it without undue delay and within 14 days, using the original payment method unless you expressly agree otherwise, and without a refund fee.

11. Ending or cancelling your instructions

You may end your instructions at any time by telling us clearly. We recommend email or another recorded method, particularly close to the funeral date.

If you cancel and we are not in breach, you may be required to pay only for:

• services properly performed up to the time we receive cancellation
• goods made to your specification or clearly personalised that cannot reasonably be reused or resold
• third-party charges and commitments that were properly incurred for your arrangement and cannot reasonably be recovered; and
• a reasonable direct net loss caused by the cancellation, after taking reasonable steps to reduce that loss.

We will not charge twice for the same loss, charge for work we no longer have to do, or impose a penalty. We will explain the calculation and refund any balance due without undue delay, normally within 14 days after the final cancellation amount can reasonably be established.

If you appoint another funeral director, we will cooperate with a lawful and properly authorised transfer. Charges already properly incurred remain payable. Any transfer is subject to appropriate identity, authority, dignity, safety and practical arrangements.

12. Suspension or termination by us

We may suspend or end the contract only where there is a serious reason, such as:

• a material payment default that remains unresolved after reasonable notice
• a material breach of these terms that you do not remedy after a reasonable opportunity
• unlawful, unsafe, abusive, discriminatory or threatening conduct or instructions
• a genuine dispute or lack of evidence about who has authority to instruct us
• a legal, regulatory, safeguarding or professional obligation that prevents us continuing; or
• performance becoming impossible despite reasonable efforts.

Unless urgent circumstances make this impracticable, we will explain the issue, give reasonable notice and allow a reasonable opportunity to put it right. We will take proportionate steps, protect the dignity and lawful care of the person who has died and, where appropriate, assist an authorised transfer to another funeral director.

We will refund amounts paid for goods and services we will not provide, less reasonable sums properly due for work performed, bespoke goods and unavoidable third-party costs. We will not use termination to avoid responsibility for our own breach.

13. Dates, delays and circumstances beyond reasonable control

A proposed date or time is not guaranteed until all necessary bookings and approvals are confirmed. Services may be affected by coroners, Medical Examiners, registrars, crematoria, cemeteries, clergy, venues, transport providers, airports, airlines, severe weather, public emergencies and other circumstances outside our reasonable control.

If an event outside our reasonable control affects performance, we will contact you as soon as reasonably possible, explain the effect, take reasonable steps to reduce disruption and offer a reasonable alternative where possible.

We are not responsible for delay or failure caused solely by an event outside our reasonable control where we used reasonable care and could not reasonably avoid or overcome it. This does not exclude responsibility for our own lack of reasonable care, poor coordination or breach. If a substantial delay means the main purpose of the contract cannot reasonably be achieved, you may end the affected part and receive a refund for goods and services not supplied, less any fair and lawful amount already due.

14. Third-party suppliers

We often arrange third-party services as part of a funeral. We will tell you where a supplier contracts directly with you rather than through us. We remain responsible for our own selection, instructions, coordination, information and payment obligations where applicable.

Where you contract directly with a third party, that supplier is responsible under its own terms for its service. We are not responsible for a direct supplier's breach unless we caused or contributed to the loss through our own breach or failure to use reasonable care.

15. Goods, bespoke items and natural materials

Descriptions, photographs and samples are intended to show the general appearance of goods. Natural products such as wood, stone and flowers may have reasonable variations in colour, grain, texture or seasonal availability. A variation is not a defect if it is consistent with the description, sample and information given before purchase.

Bespoke goods will be made from the specification or proof you approve. Section 7 explains responsibility for checking details. This does not affect your rights where goods are faulty, not fit for an agreed purpose or not as described.

Delivery and installation dates for memorials and other specialist goods may depend on permits, ground conditions, cemetery rules, weather and supplier lead times. We will give the best information reasonably available and keep you informed of a material delay.

16. Personal possessions and cremated remains

Please tell us about jewellery, valuables, implants, clothing and personal possessions and confirm in writing what should happen to them. We may record items received and ask you to sign an instruction or receipt.

We will take reasonable care of property in our possession. We are not responsible for loss caused by an undisclosed characteristic or value that we could not reasonably have known, but this does not exclude responsibility for loss caused by our negligence or breach.

We will agree collection or delivery arrangements for cremated remains and will verify the authority of the person receiving them. We will not withhold cremated remains because an account is unpaid and will not dispose of them without lawful authority.

For other uncollected personal possessions, we may give reasonable written notice requiring collection. If they remain uncollected after at least three months, we may arrange reasonable storage, return or lawful disposal, taking account of the nature and value of the item. Any storage charge must have been disclosed or be a reasonable actual cost. This paragraph does not apply to cremated remains.

17. Respectful and safe conduct

We will treat you respectfully and ask that you treat our staff and suppliers in the same way. We may set reasonable boundaries, change the contact person, require written communications or pause a non-urgent service if conduct is threatening, abusive, discriminatory or unsafe. Any action will be proportionate and will not compromise the dignity or necessary care of the person who has died.

18. Privacy and records

We use personal information to respond to enquiries, arrange and provide services, administer payment, meet legal obligations and protect legitimate interests. Our Privacy Notice explains the information we use, lawful bases, sharing, retention and rights. Information solely about a deceased person is outside the UK GDPR, but we treat it confidentially and funeral records often contain protected information about living people.

19. Complaints and alternative dispute resolution

Please raise a concern promptly with the Orpington main office using the contact details in section 1. We will investigate fairly and in accordance with our complaints procedure. Making a complaint does not affect your legal rights.

We are a member of the National Association of Funeral Directors (NAFD) and follow the applicable Funeral Director Code. If we cannot resolve a qualifying complaint locally, the contracted client may refer it to NAFD Resolve, a free independent dispute-resolution service operated with the Centre for Effective Dispute Resolution.

NAFD Resolve: nafd.org.uk/professional-standards (opens in a new tab); 0121 711 1636; NAFD Resolve, 618 Warwick Road, Solihull, West Midlands B91 1AA. Eligibility and time limits apply; current details are available from the NAFD.

20. Responsibility when something goes wrong

We are responsible for loss or damage that is a reasonably foreseeable result of our breach of contract or failure to use reasonable care and skill. We are not responsible for loss that was not reasonably foreseeable, was caused by inaccurate or incomplete information supplied to us, or arose from a third party you contracted with directly, except to the extent that our own breach or negligence caused or contributed to it.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of your statutory consumer rights, or any other liability that cannot lawfully be excluded or limited.

These terms are for consumers. We are not responsible for business losses such as loss of profit, revenue or business opportunity where you entered the contract wholly or mainly for personal purposes.

21. Communications and records

We may communicate by telephone, post, email or another method you agree. Please keep your contact details current and tell us if a message is especially urgent or confidential. Email is treated as received when it is capable of being accessed, but we will not rely on this rule where we know delivery failed.

Electronic signatures, emailed approvals and other durable records may be used where lawful. We keep appropriate records of instructions, approvals, estimates, changes and payments.

22. General terms

If a court finds part of these terms unlawful or unenforceable, the remaining parts continue to apply. We will not replace an invalid term with a broader term than the law permits.

No person other than you and the Contracting Company may enforce the contract under the Contracts (Rights of Third Parties) Act 1999, except where a specific written term expressly says otherwise. This does not affect rights a person has independently of that Act.

We may transfer the contract only where this does not reduce your rights or protections and we tell you in writing. You may transfer your rights where the law allows or with our reasonable written agreement, including to a properly authorised representative or estate representative.

English law applies. The courts of England and Wales have jurisdiction, but if you live elsewhere in the UK you retain any mandatory right to use the courts of the part of the UK in which you live.

Appendix A: Model cancellation form

Use this form only if you wish to cancel. You may instead make any other clear statement of cancellation.

Appendix B: Request to start during the 14-day cancellation period