e–commerce terms and conditions

This page (together with the documents referred to in it) tells you the terms and conditions on which we sell any of the goods ("Goods") or services ("Services") (collectively the "Products") via our website ("Site") to you.

Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

IMPORTANT NOTE REGARDING MEMORIALS : Although we would like to keep FriendsAtRest.com going forever, we simply cannot make that promise. Therefore, we can only guarantee that a paid for memorial will remain on the site for at least one year from the date that it first goes live on the site.


Information about us

This Site is operated by FriendsAtRest.com Ltd ("We"). We are registered in Scotland under company number SC358440 and have our registered office (which is also our main trading address) at 9, South Row, Coaltown-Of-Wemyss, Fife, KY1 4LU.


Where we deliver goods

Unless otherwise stated on the Site, delivery of Goods will only be made to addresses in the United Kingdom mainland.


Your status

By placing an order through our Site, you warrant that:

1) you are legally capable of entering into binding contracts;

2) you are at least 18 years old

3) you shall abide by our Terms and Conditions


How the contract is formed between you and us

a) After placing an order, you will receive an order acknowledgment e-mail from us or our payment processor confirming that we have received your order and payment ("Order Acknowledgment Email"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e–mail confirming the dispatch of the Goods or the supply of Services ("Confirmation Email"). The contract between us ("Contract") will only be formed when we send you the Confirmation Email.

b) The Contract will relate only to those Products whose dispatch or supply is confirmed in the Confirmation Email. We will not be obliged to dispatch or supply any other Products which may have been part of your order until the dispatch or supply of such Products has been confirmed in a separate Confirmation Email.


Cancellations

a) You may cancel a Contract for Goods at any time up to seven working days after the day you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods.

b) You may cancel a Contract for Services at any time before such Services start. In this case, you will receive a full refund of the price paid for the Services.

c) To cancel a Contract, you must inform us in writing. In the case of Goods, you must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of any Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

d) You will not have any right to cancel a Contract where the Product:

1) has been used; or

2) is audio or video recordings or software and you have taken it out of the sealed packet in which it was delivered to you;

3) has been made or customized specifically for you; or

4) is by its nature of limited lifespan, such as flowers and fresh food.


Availability and delivery

Your order will be fulfilled by the delivery date set out in the Email Confirmation or, if no delivery date is specified, then within 30 days of the date of the Email Confirmation, unless there are exceptional circumstances.


Risk and title

1) Goods will be at your risk from the time of delivery.

2) Ownership of Goods will only pass to you when we receive full payment of all sums due in respect of such Goods, including any delivery charges.


Price and delivery charges

1) The price of any Product will be as quoted on our Site from time to time, except in cases of obvious error. Prices include VAT but exclude any delivery costs.

2) Delivery costs will be stated prior to you submitting your order to us and will be added to the total amount due.

3) It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We are under no obligation to provide any Product to you at the incorrect (lower) price, even after we have sent you an Email Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.


Refunds policy

1) If you have cancelled the Contract (see CANCELLATIONS above) then we will refund the price of the Product in full, including the delivering costs. Please note that you will be responsible for the cost of returning any Goods to us.

2) If there is a fault with any Goods within 12 months of delivery, we will normally offer a prompt repair, exchange or refund. In all cases, we reserve the right to inspect the Goods and verify the fault. Any refund due to a fault will include a refund of the delivery costs paid by you. We will also pay for our costs of collecting the faulty Goods

3) Any refund will be made within 30 days and usually by the same method originally used by you to pay for your purchase.


Our liability

1) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

2) This does not include or limit in any way our liability:

a) for death or personal injury caused by our negligence;

b) under section 2(3) of the Consumer Protection Act 1987;

c) for fraud or fraudulent misrepresentation; or

d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

3) We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

a) loss of income or revenue;

b) loss of business;

c) loss of profits or contracts;

d) loss of anticipated savings;

e) loss of data; or

f) waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise.


Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e–mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.


Events outside our control

1) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

2) A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

a) strikes, lock-outs or other industrial action;

b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

e) impossibility of the use of public or private telecommunications networks;

f) the acts, decrees, legislation, regulations or restrictions of any government.

3) Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


Waiver

1) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2) A waiver by us of any default shall not constitute a waiver of any subsequent default.

3) No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


Severability

If any provision of these terms and conditions or any Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining terms and conditions or any Contract which will continue to be valid to the fullest extent permitted by law.


Entire agreement

1) These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

2) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.


Law and jurisdiction

Contracts for the purchase of Products through our Site will be governed by Scottish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Scotland.