Funeral Directors in Gosport Privacy Policy

These are the terms and conditions on which Elkin & Bell Funerals Ltd (“we”, “us”, or “our”) supply professional services and/or funeral related goods to you.

We are independent funeral directors in Gosport, and we provide a range of professional funeral services and related goods. 

We are registered in England and Wales under company number 11888343 

Our registered office is 186 Nobes Avenue, Bridgemary, Gosport Hampshire PO13 0HY.

You can contact us by telephoning 01329600050 or writing to us at enquiries@elkinandbellfunerals.co.uk or the registered address above. 

If we need to contact you, we will do so by telephone or write to you at the postal or email address you provided to us during the funeral arrangements. 

When we use the words “writing” or “written” in these terms, this includes emails.

Please read these terms carefully before you agree to employ us. 

These terms tell you who we are, how we will provide services or related goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

If you think that there is a mistake in these terms, don't hesitate to get in touch with us to discuss

1.1 For funerals, our acceptance of your order will take place when we tell you that we can provide you with our services, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
You accept that we may incur costs in providing services to you before the contract commences, and you further agree that if you subsequently decide not to proceed, we may charge you our reasonable costs for those services.

1.2 For all other services and goods we provide to you, our acceptance of your order will occur when we write to you to accept it, at which point a contract will come into existence between you and us (Elkin & Bell, Funeral Directors in Gosport).

1.3 If we cannot accept part or all your orders, we will inform you of this in writing and not charge you for the goods or services.
This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or services, or because we are unable to meet a delivery deadline you have specified.

2.1 We, as funeral directors, will provide the goods and/or services to you set out in your order.

The goods we provide to you will:

2.2 correspond to the description and any specification you agree with us (see clause 11 below); and

2.2.1 be of satisfactory quality and fit for any purpose that we inform you of or make known to us.

2.3 We will deliver the services to you with reasonable care and skill.

3.1 If you wish to change the goods or services 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 goods and/or services, 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. If we cannot make the change or the consequences of making the change unacceptable, you may want to end the contract (see clause 7.2).

4.1 We as funeral directors may make minor changes to the goods or services to reflect changes in relevant laws and regulatory requirements. For example, at certain times, viewings of the deceased may not be possible due to contamination risks, or churchyard regulations may not permit certain types of a memorial.

4.2 If we have to make any other changes to these terms or the goods or services, we will notify you, and you may then contact us to end the contract before the changes take effect and receive a refund for any goods or services paid for not received.

5.1 If there is any cost of delivering any goods, we will inform you of the cost both verbally and in writing.

5.2 During the order process, we will agree with you on the estimated delivery date for delivering any goods and the provision of any services.

5.3 You will own the goods, and the goods will be your responsibility, from the time we deliver the goods to the address you gave us for delivery.

5.4 We may need certain information from you to supply the goods and/or services to you, for example, your address and access to the property, grave number and in the case of a memorial, permission from the church or cemetery authority. If so, this will have been explained to you, and we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may make an additional charge of a reasonable sum to compensate us for any extra work required as a result. We will not be responsible for supplying the goods or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.1 The price of the goods or services will be the price as told to you when you place an order with us. We use our best efforts to ensure that the price of the goods or services advised to you are correct. However, please see clause 6.3 for what happens if we discover an error in the price of your order's goods or services.

6.2 By signing the arrangement form, you are accepting our estimated list of charges. You agree that you are responsible for paying us the full price of the goods or services when such payment falls due, before, and irrespective of the receipt of any sums due from any third party, including but not limited to any Government contribution.

6.3 It is always possible that, despite our best efforts, some of the goods or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the goods and/or services at your order date are less than our stated price at your order date, we will charge the lower amount. If the correct price of the goods and/or services at your order date are higher than the price stated to you, we will contact you for your instructions before accepting your order.

6.4.1  FOR OUR SIMPLE OR BESPOKE CORE PACKAGES A minimum deposit of £1,000 or all third-party fees (whichever is greater) is required before the day of the funeral.
Final payment is required within fourteen (14) days of the date of the funeral. 

6.4.2   

FOR OUR UNATTENDED PACKAGE Full and final payment is required within three (3) working days of your instruction for us to proceed.

6.5 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

6.6 If you think an invoice is wrong, don't hesitate to get in touch with us promptly to let us know. You will not have to pay any interest until any dispute is resolved. Once a dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

6.7 We reserve the right to charge you for any reasonable costs and expenses incurred by us due to your failure to pay amounts as they fall due.

6.8   If you are having financial difficulties paying the funeral invoice, please discuss

this with us, and we may be willing to consider a repayment option. We would

ask that any repayment option set up with the company be settled within six

months of the completed funeral.

If required, we will forward a copy of the funeral account to a solicitor, bank or the

Department for Work and Pensions in respect of seeking payment if payment is

not forthcoming from either of the above organisations, we will look to the

client for payment.

7.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods or services bought over the telephone, by exchange of emails or away from our premises, you have a legal right to change your mind within the relevant cancellation period and receive a refund as follows:

7.1.1 Cancelling an order for goods. For goods you have bought from us, you have the right to change your mind and cancel within 14 days after the day you (or someone you nominate) receives the goods. You do not have the right to cancel if you change your mind regarding goods that are made to your specification and/or clearly personalised to the deceased, including but not limited to coffins, obituaries, floral tributes and engraved memorials. This is because we would be unable to re-use these goods for another client if you cancelled and therefore, unfortunately, we cannot accept cancellations of such goods.

7.1.2 Cancelling an order for services.  

FOR OUR SIMPLE OR BESPOKE CORE PACKAGES The client has the right to cancel this contract if they so wish within the cooling-off period of seven (7) days from instruction.
FOR OUR UNATTENDED PACKAGE The client has the right to cancel this contract if they so wish within the cooling-off period of three (3) days from instruction. 

You acknowledge that if the services are fully performed within the cancellation period, you will lose the right to change your mind and cancel the services under the Consumer Contracts Regulations 2013. If you cancel after we have started the services, but before the services are completed, you must pay us for the services provided until you tell us that you have changed your mind.

7.2 To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email). 

7.3 If you are exercising your right to change your mind regarding goods delivered and the goods are suitable for posting, you must pay for the cost of return.

7.4 Ending the contract because of something we have done or are going to do. 

If you are ending a contract for a reason set out at 7.4.1 to 7.4.4 below, the contract will end immediately, and we will refund you in full for any goods and/or services that have not been provided, and you may also be entitled to compensation. The reasons are:

7.4.1 we have told you about an upcoming change to the goods or services or these terms which you do not agree to (see clause 4.2);

7.4.2 we have told you about an error in the price or description of the goods or services you have ordered, and you do not wish to proceed;

7.4.3 there is a risk that supply of the goods or services may be significantly delayed because of events outside our control;

7.4.4 you have a legal right to end the contract because of something we have done wrong.

8.1 We may end the contract for goods or services at any time by writing to you if:

8.1.1 you do not make any payment to us when it is due, and you still do not make payment within 28 days of us reminding you that payment is due; or

8.1.2 we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you.

 9.1 Our liability for any loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill is limited to the total contract price due by you to us. 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 you and we knew it might happen, for example, if you discussed it with us during the order process.

9.2 We shall not be liable for any loss or damage to your property or that of any other person unless caused by our negligent action or breach of the contract by us.

9.3 Nothing in these terms shall operate to exclude, limit or restrict our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other liability the exclusion or limitation of which is not permitted by English law.

10.1 We will not be liable for any failure to perform or delay in the delivery of any goods or services in the event of any strike, lockout, trade dispute, accident, fire, flood, inclement weather, or any natural disaster or act of God or any contingency whatsoever beyond our reasonable control (a “Delaying Event”) affecting the delivery of the goods or services ordered by you. Such suspension or cancellation shall not constitute a breach of contract between us, nor will you be entitled to claim for any loss or damage howsoever arising as a result of a Delaying Event.

11.1 The images of the goods in our brochures are for illustrative purposes only. 

Although we have made every effort to display the colours accurately, we cannot guarantee that a picture in our brochure accurately reflects the colour of the goods. 

For example, where goods are made of naturally occurring material and/or quarried stone, we cannot guarantee that such material will match the exact colour or appearance of the image in our brochure as natural variations in tone and texture, including natural blemishes, may occur. Your goods may vary slightly from those images.

11.2 If we are making the goods to measurements and/or providing the services to the specification you have given us, you are responsible for ensuring that these measurements and/or specifications are correct. You can obtain information and tips on how to measure or provide the specification by contacting us.