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Terms of Business: Mulligans Funeral & Monumental Services Ltd

These Terms of Business govern the provision of services by Mulligans Funeral & Monumental Services Ltd ("we," "us," or "our"). By engaging our services, you agree to the following terms and conditions.

1. Estimates and Charges

1.1 Estimate:
We will provide you with a written estimate based on your chosen funeral arrangements. This estimate will include all known charges for our services, third-party disbursements (such as crematorium fees), and any additional items requested. The estimate is valid for 30 days from the date of issue. However, we cannot guarantee that third-party fees (e.g., crematorium fees) will remain unchanged, as these are subject to fluctuation beyond our control.

1.2 Final Invoice:
The final invoice may differ from the original estimate if additional services or costs arise. This may include third-party fees that were not confirmed at the time of the estimate or any changes requested by you after the arrangements were agreed upon.

2. Payment Terms

2.1 Deposit:
A deposit is required in cleared funds 5 days before the funeral to confirm the booking. The deposit is refundable only in cases where services have not been rendered or third-party costs have not been incurred. If services have already been provided or costs incurred (such as crematorium fees, celebrant fees, etc.), the deposit will be refunded minus those costs.

2.2 Full Payment:
The remaining balance is due within 7 days after the funeral has taken place. This includes the total cost of the funeral services, third-party disbursements, and any additional services provided.

2.3 Discounts:
Any discounts offered are strictly conditional on full payment being received on time. If payment is late, any agreed discount will be revoked, and the full, undiscounted amount will become due.

2.4 Late Payment:
In the event of late payment, we reserve the right to charge interest at 8% per annum above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Interest will be applied to the outstanding balance from the day after the due date. We also reserve the right to recover any costs incurred in pursuing late payments, including legal fees.

2.5 Payment Methods:
We accept payment via bank transfer, debit/credit card, or cheque. Cash payments are accepted by prior arrangement only.

3. Amendments and Cancellations

3.1 Amendments:
You may request changes to the funeral arrangements at any time. Any additional costs or refunds arising from the amendments will be detailed in a revised estimate or final invoice. We will make every effort to accommodate changes, but some adjustments may not be possible due to third-party availability (e.g., crematorium schedules).

3.2 Cancellations:
If you need to cancel the funeral, you must inform us as soon as possible.

If cancellation occurs before services have been rendered or third-party costs incurred, we will refund the deposit in full.

If cancellation occurs after services have been rendered or third-party costs incurred, these costs will be deducted from the refund. In cases where the full payment has been made, any non-rendered services will be refunded, minus any non-refundable disbursements.

4. Animal Welfare and Related Services

4.1 Horse-Drawn Hearse and Dove Release:
We prioritise the welfare of our animals and reserve the right to withdraw services involving animals (including horse-drawn hearses and dove releases) where it is deemed animal welfare is at risk or there is a risk to the public. This includes, but is not limited to:

• Weather conditions: Extreme heat, cold, storms, or other hazardous conditions.

• Unsafe road conditions.

• Animal fatigue or illness.

• Dangerous or disruptive behaviour by attendees, including the use of smoke bombs, fireworks, or drones.

4.2 Refunds and Cancellation of Animal Services:
No Refunds for Dangerous or Disruptive Behaviour:
In cases where dangerous or disruptive behaviour occurs during the funeral, we reserve the right to remove the horse-drawn hearse or cancel the dove release. No refunds will be offered under such circumstances, as the welfare of our animals takes precedence.

Refunds for Non-Attendance Due to Weather or Safety Concerns:
If the horse-drawn hearse or any service involving animals cannot attend at all due to weather conditions, unsafe roads, or other safety concerns, we will provide a full refund for the cost of the horse-drawn hearse or other animal service. In such cases where this involves animal services being a mode of transportation, alternative transportation will be provided, and the cost of the alternative transport will apply.

5. Condition of the Deceased

5.1 Presentation of the Deceased:
We strive to present your loved one in a manner that reflects your memories of them. However, it is important to understand that in a state of natural rest, facial features may settle differently than they appeared in life, particularly in the absence of expressions such as smiling. This can result in a subtle change in appearance. Rest assured, every effort will be made to present your loved one as you wish, while honouring the natural resting position of their features. Mulligans Funeral & Monumental Services Ltd does not accept responsibility for any emotional distress or injuries that may arise from visiting your loved one.

5.2 Natural Decomposition:
We take every reasonable measure to care for and preserve the condition of the deceased. However, the natural process of decomposition is unavoidable and beyond our control. As such, we cannot be held responsible for any changes in the deceased’s condition over time, particularly prior to viewing.

5.3 Post-Mortem Condition:
In cases where the deceased has experienced trauma, a prolonged period before discovery, or certain medical conditions, it may not be possible to fully preserve the physical condition of the body despite our best efforts. While we exercise the utmost care and professionalism, we cannot guarantee the condition of the deceased in such circumstances.

6. Photography of the Deceased
Mulligans Funeral & Monumental Services Ltd maintains a strict policy regarding the photography of deceased individuals. We do not, under any circumstances, take photographs of the deceased in our care unless it is legally mandated (e.g., coroner investigations), which will be conducted under proper supervision. This is to uphold the dignity, privacy, and respect of the deceased at all times.

We kindly request that no photographs, including those taken by visitors, are allowed within our chapels of rest. Our chapels are specially designed to present loved ones with the utmost care, using specialised lighting, screens, and appropriate makeup techniques to ensure they are presented in the best possible manner. Photography—particularly flash photography—can not only alter the appearance of the deceased but may also be considered a violation of their dignity and privacy.

We ask that you respect this policy to ensure a peaceful and dignified environment for everyone. For details of our complete policy, please ask a member of our staff.

7. Cremated Remains

7.1 Storage:
We will store cremated remains for up to 90 days after the cremation has taken place. After this period, we reserve the right to charge for continued storage. If you require additional storage time, please inform us in writing.

7.2 Release of Cremated Remains:
Cremated remains will only be released to the client unless otherwise instructed by the client in writing. Any authorised representatives collecting the cremated remains on behalf of the client must provide identification.

7.3 Unclaimed Remains:
In cases where cremated remains are unclaimed after 90 days and no contact has been made, we reserve the right to make alternative arrangements, which may include interment in a communal area or scattering. We will make every reasonable effort to contact the client before such action is taken.

8. Personal Property

8.1 Responsibility for Personal Property:
Any personal property left with the deceased, such as jewellery, clothing, or keepsakes, must be clearly identified at the time of arrangement. We cannot be held responsible for any loss or damage to personal property unless agreed upon in writing.

8.2 Return of Personal Property:
Any personal items that need to be returned will be made available within 7 days of the funeral. While we will make every effort to return these items in good condition, we cannot be held liable for any damage that may occur during handling or storage.

9. Data Protection (GDPR Compliance)

9.1 Use of Personal Data:
We are committed to protecting your personal data in compliance with the UK General Data Protection Regulation (UK GDPR). The personal information you provide to us will be used solely for the purpose of providing funeral services and fulfilling contractual obligations.

9.2 Data Sharing:
Your personal information will only be shared with third parties as necessary to fulfil the funeral service (e.g., crematoriums, celebrants, florists) and in compliance with applicable data protection laws.

9.3 Data Retention:
We will retain your personal data for as long as necessary to complete the services provided, comply with legal obligations, or resolve any disputes. After this period, your personal data will be securely deleted or anonymised.

9.4 Your Rights:
You have the right to request access to, correction of, or deletion of the personal data we hold about you. If you have any questions regarding our use of your personal data or wish to exercise your rights, please contact us at karen@mulligansfuneralservice.co.uk.

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10. Complaints and Dispute Resolution

10.1 Complaints:
If you are dissatisfied with any aspect of our service, we encourage you to raise your concerns as soon as possible so we can address them promptly. Complaints can be made verbally or in writing to the contact details provided.

10.2 Dispute Resolution:
In the unlikely event that a dispute cannot be resolved directly, we encourage the use of alternative dispute resolution (ADR) procedures such as mediation. This can be arranged by mutual agreement.

10.3 Funeral Arbitration Scheme:
We are members of the National Association of Funeral Directors (NAFD), and you may use the Funeral Arbitration Scheme (FAS), an independent service, if disputes cannot be resolved through direct communication.

11. Limitation of Liability

11.1 General Liability:
We will take all reasonable care in the provision of our services. However, we shall not be liable for:

• Any unforeseen circumstances affecting the service (e.g., road closures, accidents).

• The natural decomposition of the deceased.

• The failure to deliver services involving animals due to welfare concerns as outlined in Section 4.

11.2 Force Majeure:
We shall not be liable for any failure or delay in performing our services due to circumstances beyond our control, including but not limited to acts of nature, accidents, or unforeseen road or weather conditions.

12. Membership and Compliance

As proud members of the National Association of Funeral Directors (NAFD), Mulligans Funeral & Monumental Services Ltd abides by the principles and standards outlined in the Funeral Director Code. This code ensures that we:

• Provide the highest standard of care to bereaved families, respecting their individual needs and circumstances.

• Maintain the dignity of the deceased at all times.

• Act with transparency, honesty, and integrity, ensuring clear communication and fair pricing for all services.

• Adhere to legal and regulatory obligations and cooperate with regulators as required.

• Encourage equality and respect for diversity in all of our services.

Our commitment to the Funeral Director Code ensures that our clients receive professional, compassionate care, while maintaining public trust in our business. We are regularly monitored to ensure compliance with these high standards, which provide peace of mind during difficult times.

13. Legal Compliance

We operate in accordance with UK laws governing funeral services, including the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), the Funeral Director Code, and the CMA's Funeral Markets Investigation Order 2021. Our terms are compliant with all relevant consumer protection, data protection, and pricing transparency regulations.
 

By engaging our services, you acknowledge that you have read and agreed to these Terms and Conditions.