This is the terms and conditions on which we will provide the services of Simply Cremated Ltd.

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

DEFINITIONS
1.1 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;
“Cancellation Period” has the meaning given in the section “Right to Cancel”;
“DWP Funeral Payment” refers to a registered payment offered in applicable circumstances by the Department of
Work and Pensions intended to help pay for a funeral.
“Fees” means the fees set out in the section “Fees”;
“Services” means the services set out in the section “Services”;
“we” or “us” or “our” means Simply Cremated Ltd.
A subsidiary of Frank S. McLean & Son Ltd, Funeral Directors, Holmhill, 4 Station Road, Keith. AB55 5DR
“you/your/ the Client” means the person who enters into this Agreement by making payment of the Fee

ELIGIBILITY
2.1 By entering into this Agreement you confirm that you:
2.1.1 are over 18 years old;
2.1.2 have the authority to make the funeral arrangements; and
2.1.3 will pay the Fees to us as set out in this Agreement.
2.2 By accepting these terms and conditions and subsequently completing the purchase process via our 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
3.1 This Agreement sets out the Conditions on which we will arrange and perform the Simply Cremated services which you have chosen.
3.2 Please be aware that the Simply Cremated services set out in this Agreement do not provide for any funeral service and it will not be possible for you to attend the cremation of the person who has died. If you would like to attend a service,
Simply Cremated may not be the right choice for you and we would be happy to suggest alternative funeral arrangements to suit your needs.
3.3 In certain circumstances when we receive remains into our care, if the condition is deemed to cause risk to our staff’s health, then it may necessitate hygienic treatment to be carried out. Simply Cremated reserve the right to undertake hygienic treatment of the remains if necessary at no extra cost to the family.

FEES
4.1 The total fee payable to us for the funeral shall be £1195.00 (the “Fee”).
4.2 In some circumstances you may also be required to pay additional fees see exclusions to the service (5.1) If we have to store the deceased, after 14 days following the date you first instruct us to provide the Service (other than because of a delay caused by us) we may charge you £35 for each additional day of storage of the deceased.
4.3 For providing an ashes-casket other than the provided vessel, shall incur an additional fee.
4.4 Return of Ashes will take place within 4 weeks of the date of being notified. If after another 4 weeks we are unable to contact the Authorising Person, either by Email, Phone or text, the Ashes will be returned to the Crematorium of cremation.
4.5 If we are required to store the Ashes beyond the 8 week period, by the Authorising person, we can charge the figure of £35 per calendar month for storage.
4.6 An additional charge will be applied for an extra large coffin in excess of 6’2” x 22” x 13”.
4.7 If viewing is requested this will incur of further fee of £300

SERVICES
5.1 The Services provided as part of the Simply Cremated service are set out as follows;
Arrangements and guidance by telephone 24 hours a day, 365 days a year.
Bringing the deceased into our care from a Hospital with mortuary facilities within our area of coverage and holding them at our
Own mortuary and facilities.
Our local team will pick up the deceased using our specialist vehicle.
Transportation of the deceased to a crematorium and a cremation in a simple coffin.
Ashes scattered at the crematorium. (See also 4.4 and 4.5 above)
24 hour telephone bereavement and advice counselling service. 
The following are exclusions to the Service;
Viewing of the deceased 
Funeral procession, hearse or limousines
Service or attendance at the funeral
Choice of time or date for the cremation 
Hygienic treatment, arranging of floral tributes, the collection of charitable donations
5.2 Should you have any questions about the Services we provide, please do not hesitate to contact us using the details in the
How to contact us or make a complaint’ see other page.

PAYMENT
6.1 The Fee must be paid in full before we perform any Services. Payment shall be made by BACS, debit or credit card over the telephone during the initial instruction and arrangement call.
6.2 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 before commencement of our services.

VALUABLES
7.1 We would advise the removal of all jewellery and valuables before collection.
However, this can be left on at your request.

OUR LIABILITY TO YOU
8.1 If we fail to comply with this Agreement, we are responsible for (and only for) the loss or damage you suffer that is a result of our breach of the Agreement or our negligence.
8.2 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.
8.3 We do not exclude or limit in any way our liability for:
8.3.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or external suppliers;
8.3.2 Fraud or fraudulent misrepresentation; and
8.3.3 Any other liability that cannot be limited or excluded by law.
8.4 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.

HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will use the personal information you provide to us to:
9.1.1 provide you with the Services;
9.1.2 process your payment of the Fees; and
9.1.3 We will not contact you regarding other service’s we provide unless you authorise us to do so. You can opt out of this at any time In the future.
9.2. Other than as stated above, we will not give your personal data to any other third party unless:
9.2.1 We are required to do so by law or regulation; or
9.2.2 You give us your permission to share your information with other third parties. Under the Data Protection Act, 2018, you have the right to know what data we hold on you and you can apply to us in writing in order to receive said data, for a fee.

RIGHT TO CANCEL AND REFUND
10.1 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 or make a complaint” section below.
10.2 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. 
10.3 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.

HOW TO CONTACT US 
11.1 You can contact us 24 hours a day, 365 days a year on 0800 193 0403 Email: – info@simplycremated.co.uk

COMPLAINTS PROCEDURE
12. If you decide to make a formal complaint you can do so in the following way:-
a. Telephone:- Nicola McLean, 01542 882899
b. Email:- ask@fsmclean.co.uk REF. COMPLAINT
c. Writing:- Nicola McLean, Director “Holmhill”, 4 Station Road, Keith. Moray AB55 5DR
Once a complaint is received we will acknowledge its arrival within 3 working days
Based on the level of complaint, we will endeavour to respond as quickly as possible to the best of our ability and to do so within 14 working days. If it is a complex complaint involving others outside our direct employ it may take a little longer than the stated time period above. Our response to your complaint will be in writing. If you are dissatisfied with the response from us you can take the matter further to The National Society of Allied & Independent Funeral Directors.
Regulations 2015. In Scotland where a complaint relates to the care of the deceased, the funeral director must inform the Government’s Inspectors within 48 hours.

In Scotland a customer may raise a complaint with the Scottish Government Inspectors for Burial, Cremation and Funeral Directors.

Simply Cremated – Terms and conditions 20/05/2024