- THESE TERMS
1.1 What these terms cover; These are the terms and conditions on which we supply memorials to you, which are ordered via our website www. mindfulmemorials.co.uk, including (where applicable) any related delivery and installation services (collectively “Products“).
1.2Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Mindful Memorials is a trading name of J Rotherham Limited a company registered in England and Wales. Our company registration number is 02251907 and our registered office is The Masons Yard, Rossmoor Park, Melbourne, York, YO42 4SZ.
2.2 How to contact us. You can contact us by emailing us at email@example.com or writing to us at Mindful Memorials, The Masons Yard, Rossmoor Park, Melbourne, York, YO42 4SZ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your quote or order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place upon receipt of the full value of the purchase item at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products you have ordered. This might be because the memorial you have ordered (or materials required to make it) are unavailable or out of stock, or because of unexpected limits on the resources we require to fulfil your order. It may also be because we have identified an error in the price or description of the Product you have ordered, or because we are unable to meet a delivery deadline you have specified, or for other reasons.
3.3 Your order number. We will assign an order number upon acceptation of your order. Please keep this number as we will require it whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not currently accept orders from or deliver to addresses outside the UK.
- OUR PRODUCTS
4.1 What our Products include: Our Products include Granite and Stone Memorials as well as related (optional) delivery and installation services (depending on locality in the country)
4.2 All our memorials are made to your specification and order: Our memorials are designed by choosing your preferred material type, size and inscription detail. In the case of memorials that are not manufactured from Granite and Stone these are produced by our network of partners, with whom, as mindful memorials, will liaise with to make sure that the specification is communicated effectively in full.
4.3 Our Products are bespoke: Since our memorials are bespoke, made to order Products and since they are made from natural materials the images of the memorial components and materials on our website are for illustrative purposes only. Although we have made every effort to display the components and colour and texture of materials accurately, we cannot guarantee that such images accurately reflect the colour or texture or appearance of the finished memorial. Your memorial may vary slightly from those images. In addition, although we made every effort to be as accurate as possible, because our Products are bespoke, there may be small differences between any sizes, weights, capacities, dimensions and measurements indicated on our website or stated in your order, to those of the finished Products.
4.4 We sell samples: We are able to provide you with 3 samples for the cost of £10 inc. VAT so that you can appreciate the approximate quality of the material and make a decision on the colour you want. The cost of the sample is refundable when you place a memorial order.
Our Products may vary from samples: Variations in colour may be an inherent natural characteristic of the Products that we sell and therefore no guarantee can be given that the colour will not vary from the colour of any sample, nor that your memorial will be free from natural marking, veining or fissures.
4.5 Delivery and Installation service: Our standard order includes either delivery or installation (depending on location) which will be included in the price quoted by our sales team.
However, if you do not require our installation services and wish to opt for delivery only, please let our sales team know and they will deduct the cost of installation from your quote.
If you choose the delivery only option we will put your memorial into production following receipt of your order and full payment of the product based on the information you have provided us.
We rely on the measurements, plans, specifications, choices and other details you give and it is your responsibility to ensure that all information you have given us is accurate and correct and that the memorial you have chosen is suitable for installation at the cemetery/ churchyard you are considering.
If you require installation and we are able to service the location of the cemetery/ churchyard then we will ask you for the full cost of the fee as charged by that cemetery/ churchyard and we will make the application to that relevant authority.
All orders whether delivery or installation will be processed through a drawing approval. The drawing will show the outline of the memorial and the inscription wording and font style required. Once the drawing is approved by yourself then this will be used as part of the application process to the relevant authority.
4.6 We will not give refunds for, replace or allow you to reject the memorial which has been supplied to you in accordance with the measurements, plans, specifications, choices and other details you gave us unless the memorial is faulty. You may also choose the Collection only option, if that is the case, please let our sales team know and we will not charge you for delivery. Collection will take place from our premises at The Masons Yard, Rossmoor Park, Melbourne, York, YO42 4SZ. Upon collection of the Product, we will not be liable for any damage of the Product that occurs after collection.
4.7 Validity of the Quotation.
Any quotation subject to a promotional offer will be valid for 30 days from its date of issue or, if sooner on the expiry of the promotional offer, unless stated otherwise.
5.1 Granite, Limestone, Sandstone and Slate Memorials: The natural attributes of Granite, Limestone, Sandstone and Slate Memorials means that variances can occur in colour, tonality and particle structure. The performance of the memorials are not in any way diminished because of these variances and therefore any memorials that vary in any aspect to either a sample seen or within the same order will not deemed to be defective.
5.2 Wooden Memorials; Wood is a natural material and your sculpture will be durable and designed to last. This longevity will be enhanced with the right care, we recommend a coating of decking oil every year. Due the inherent properties of wood you will find that your piece may develop slight cracks in summer or warmer weather which may or may not close in winter. These cracks do not affect the integrity of the piece and add to the uniqueness of the product rather than detract from it.
5.3 Stained Glass Memorials:
- YOUR RIGHTS TO MAKE CHANGES
6.1 When you can make changes to your order: Once you have submitted your order, it is possible to make changes which are necessary to the inscription before putting your worktop into production. However, once you have confirmed the details of your final order following the approval of your layout, your memorial will be put into production and it will not thereafter be possible to change your order.
6.2 How to request changes to your order: If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Products: We may make small changes to the Products you have ordered:
7.2 to reflect any findings occurred during manufacture. For example, we may make small adjustments to the layout given in your original order to ensure optimal spacing of wording on the memorial.
7.3 to reflect changes in relevant laws and regulatory requirements; and
7.4 to implement minor technical adjustments and improvements to any Product.
- DELIVERY AND INSTALLATION OF YOUR MEMORIAL
8.1 Delivery and installation costs. We can either deliver only or deliver and install your memorial and so the costs of delivery and installation will be included in the total price given to you when you place your order depending on your requirements. Once the memorial is ready for delivery and/ or installation we will contact you and advise of the date of delivery/ installation.
8.2 Delivery date: We will always do our best to accommodate your preferred delivery and (if applicable) installation date. However, delivery and (if applicable) installation dates are subject to availability in our diary system. In addition, we sometimes may need to change delivery and installation dates due the non-availability of personnel or factors beyond our control. If, for any reason, we need to change your delivery and/ or installation date we will contact you to agree a new date. Provided we do this we will not be liable for delays to delivery and/ or installation caused by events beyond our reasonable control. In all instances of installation, we will be required to make the necessary application for the right to erect a memorial, the installation date will be subject to the requirements of the relevant local authority.
8.3 If we are not able to deliver your memorial at the agreed delivery date due to circumstances beyond our control then we shall contact you to arrange an alternative date. Please note that if we are unable to complete the delivery as there is no-one at the premises to accept the delivery then we reserve the right to charge an additional delivery charge if we are asked to attempt delivery again.
8.4 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the Products as requested by you or notified by us to you (see clause 5).
8.5 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one (1) month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.6 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 13.3) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products.
- IF YOU CHJANGE YOUR MIND ABOUT YOUR ORDER
9.1 If you change your mind about the Product prior to drawing approval-
If you change your mind and cancel your order prior to drawing approval, we will refund your deposit in full.
9.2 If you change your mind about the product following layout approval but prior to delivery installation-
If you change your mind about the Product following layout approval and following application to the cemetery/ churchyard then it may not be possible to offer a refund. Many of our orders are placed to our supplier and if manufacture has commenced then we will not be able to offer a refund. If manufacture has not commenced then we can offer a refund less £250.
9.3 Once you have paid any final balances then it is not possible to offer any refund.
9.4 How to end your contract with us if you change your mind: If you wish to end your contract with us as permitted above, you must let us know as soon as possible by contacting us by email at firstname.lastname@example.org. Please provide your name, home address, details of the order an, your phone number and email address.
- YOUR RIGHTS IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. If you want detailed information about your key legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
10.2 If the Products you have bought are faulty, you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all your money back).
10.3 How to tell us about problems. If you have any questions or complaints about the Product you have purchased, please contact us by email at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Mindful Memorials warrants that:
11.1 The Products shall be supplied in accordance with the terms of the order; and
11.2 The Products will on delivery, be free from material defects in design, material or workmanship; and
11.3 The Products will be provided using reasonable skill and care.
11.4 In case of any problems with the Products, we shall, at our option, either repair or replace any defective Products which are not in conformance with the warranties above, or re-perform any defective Products which are not in conformance with the warranties above, or refund the price paid for any such defective Products, provided that:
You give us notice in writing within a reasonable time of discovery that the Products do not comply with the warranties set out above;
We are given a reasonable opportunity of examining any such Products; and
you (if asked to do so by us) return any such Products to Mindful Memorials’ place of business.
11.5 We shall not be liable for the failure of any Products to comply with the warranties above if:
the defect arises because you have failed to comply with the terms of this order;
the defect arises because you have failed to comply with or follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products;
we have expressly stated that the defect in question should not be regarded as a defect or fault;
the defect arises as a result of us following any drawing, design, specification or instructions supplied by you;
you (or any third party) alters or repairs such Products without our written consent;
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
the Products were not supplied in accordance with the terms of the order as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
11.6 Except as provided in this clause 12 we shall have no liability to you in respect of any failure if the Products do not comply with the warranties set out above.
11.7 The terms of these conditions shall apply to any repaired or replacement Products supplied by us pursuant to this clause 12 or otherwise.
- CARE AND MAINTENANCE
12.1 The care and maintenance guidelines for all our Products are available on our website. These guidelines must be adhered to if the memorial is to remain in a pristine condition over time. Mindful Memorials will accept no responsibility or consider any remedial work if these guidelines have not been followed.
- YOUR OBLIGATION TO RETURN REJECTED PRODUCTS
13.1 If you wish to exercise your legal rights to reject products, we may require you to return the Products to us or to allow us to collect it. We will discuss this with you when you notify us of a problem.
- OUR RIGHTS TO END THE CONTRACT
14.1 We may end the contract if at any time by contacting you if:
you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
14.2 If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you a reasonable amount to cover the following:
any costs we have already incurred in carrying out a template before the contract is bought to an end; and/ or
any costs we incur in storing Products where we have been unable to deliver them to you; and/ or
the cost or wasted labour and materials if the contract is ended after we have commenced production of your worktop; and/ or
any other costs we have incurred (or will incur) as a result of your breaking the contract.
- PRICE AND PAYMENT
15.1 Where to find the price for the Products. The price of the Products (which includes VAT) will be the price indicated on the order confirmation when you placed your order. We take reasonable care to ensure that the price of the Products advised to you is correct. However please it is possible that despite our best efforts, the Products may be incorrectly priced.
15.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability: (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) for fraud or fraudulent misrepresentation; (iii) for breach of your legal rights in relation to the Products including the right to receive the Products which are: a) as described to you; b) of satisfactory quality; c) fit for any particular purpose made known to us; d) supplied with reasonable skill and care and, where installed by us, correctly installed; and e) for defective products under the Consumer Protection Act 1987.
16.3 When we are liable for damage to your property. If we are responsible for providing services (such as template and installation) in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing these services.
16.4 We are not liable for business losses. We only supply the Products via this website for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will use the personal information you provide to us:
17.2 to supply the Products to you;
17.3 to process your payment for the Products; and
17.4 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
17.5 We never share information with third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.
- OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if we give any guarantee in relation to any Product you have purchased, you may transfer our guarantee to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass a guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of any guarantee we give in relation to a Product. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
18.7 Updates to these terms and conditions. We may revise these terms and conditions from time to time. The terms and conditions which will apply to your contract with us will be the terms and conditions which were in force at the time that you placed your order with us. Please check these terms and conditions each time you place an order with us. These terms and conditions were last updated on 24th May 2020.