Regulations, Terms & Conditions
Please read all of these terms and conditions carefully before you apply for any services or memorial products because, by submitting an application, you agree to be bound by them. If you do not accept these terms and conditions, you should not apply for any services or memorial products from us.
You may wish to print and save a copy of these terms and conditions for your future reference.
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our services and memorial products to you, from allocating you with a natural burial plot or an ashes interment plot (in accordance with the preferences you select) and supplying memorial plaques or trees, to liaising with you, your loved ones and/or your chosen funeral director to assist with a natural burial, direct cremation or interment of ashes.
1.2 Why you should read them. Please read these terms carefully before you submit your application to us. These terms tell you who we are, how we will provide our services and memorial 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. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are We are Oxton Farms Trust trading as Tithe Green.
2.2 How to contact us You can contact us by telephoning us on 01623 677 100 or by writing to us at firstname.lastname@example.org or Tithe Green Grange Farm, Ollerton Road, Oxton, Nottinghamshire NG25 0RG
2.3 How we may contact you If we have to contact you we will do so by telephone or by writing to you using the telephone number or the email address or postal address you provided to us in your application.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Contract restrictions
3.1 Consumers only. Our services and memorial products are only intended for use by consumers (that means people who want to procure them for personal reasons and not for any business purposes). We reserve the right to reject or cancel your application if we reasonably think that you are buying our services or memorial products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your application.
3.2 Confirmation of personal status. By submitting an application with us through our website or over the phone, you are confirming to us that you are a consumer, that you are at least 18 years old and that you are not purchasing our services or memorial products for any business purposes.
4 Our contract with you
4.1 Application. You can purchase services or memorial products from us either:
4.1.1 online via our website or over the phone; or
4.1.2 by submitting an application with your chosen funeral director who is providing the funeral services to your loved one.
4.2 Supply of memorial products. Products can be purchased in the same way as applying for our services. Memorial products can only be purchased at the time of arranging a burial on interment at the prices stated on our website at that time and cannot be purchased in advance.
4.3 Contract terms. We revise our terms and conditions from time to time. The terms and conditions in force at the time that you submit your application will apply.
4.4 How we will accept your application. When you place an application and we accept it, a new contract is created between you and us. Following completion of the booking process via your chosen funeral director, on screen or over the phone we will provide confirmation of your application by email or by post sent to the address you provided at the time of making your application. This confirmation also indicates our acceptance of your application, and a contract will come into existence between you and us when you receive it.
4.5 What your application entitles you to. When you apply for:
4.5.1 a plot for burial or interment of ashes which we accept, our confirmation sent by email or by post will grant you an exclusive right, for the period specified in clause 4.7 below, to a plot at the natural burial ground site selected by you when you submitted your application and, as confirmed by us. This right is not a grant, transfer or sale of an interest in land; or
4.5.2 a direct cremation, which we accept, our confirmation sent by email or by post, we agree to procure the cremation of ashes on your behalf. The ashes can either be returned to you or we can inter the ashes at your chosen natural burial ground site where you have also purchased a plot.
4.6 Proof of Grant. If you purchase a burial plot in advance, we will also provide you with a certificate of Exclusive Grant of Right via post to the address provided in your application for your records. We will also hold an electronic copy.
4.7 Expiry of Exclusive Grant of Right. Natural burial plots are issued for a period of 25 years. We will contact you at the address included within your application at least three months before the expiry date (Notice of Expiry). If you do not respond to the Notice of Expiry within 30 days following the expiry date stated in the Notice of Expiry to confirm that you still want the plot, we reserve the right to allocate that plot to someone else. If you tell us that you still want the plot, then we will extend your Exclusive Grant of Right for a further 25 years and follow the same notification and renewal process on expiry of that renewed Exclusive Grant of Right for a maximum of 100 years from the date of grant.
4.8 If we cannot accept your application. If we are unable to accept your application, we will inform you of this by email or by post and will not charge you for the services or memorial products purchased. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to provide the services or memorial products you have specified.
5 Our services and memorial products
5.1 Website images. The images of our services and the memorial products supplied as part of them (such as memorial trees or plaques) on our website are for illustrative purposes only. The products delivered as part of the services may vary slightly from those images.
5.2 Website information. The information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect, we will contact you to try and agree an appropriate substitution and any associated charges. If we are unable to do so for any reason we reserve the right not to supply the affected services to you. We will notify you if this is the case and will not charge you for that element of the services.
5.3 Arranging a natural burial or interment of ashes. Once we have accepted your application and before we can conduct a burial or interment, we must be provided with a copy of the Certificate for Burial or Certificate of Cremation (as applicable).
5.4 Arranging for a direct cremation. Before we can arrange a direct cremation you must provide us with a Certificate of Cremation Part B. We will then liaise with our chosen supplier for the provision of this service.
5.5 Fulfilment of services While we will coordinate the delivery of our services with your selected funeral director, officiant or official arranging the burial or cremation and interment, you acknowledge that we are not responsible for any of the services or products provided by other third party suppliers you engage (such as the coffin).
5.6 Grave digging or interment fee. If you have purchased a burial plot in advance, the plot will be allocated at the time of interment ( unless an adjacent plot to an individual already interred has been reserved) and at such time, a digging or interment fee is payable. This digging or interment fee is in addition to the cost of the plot and any memorial products you purchase from us at the time of arranging a burial or interment. Interment fees cannot be paid in advance.
5.7 Site Rules. Our Site Rules govern what you can and cannot do at our natural burial grounds and you must comply with these at all times on our sites.
6 Price and payment
6.1 Where to find the price for the services and memorial products. The price of the services and memorial products (which includes VAT) will be the price indicated on the order pages of our website or notified to you over the phone when you submitted your application. We take all reasonable care to ensure that the total price of the services and memorial products advised to you is correct. However please see paragraph 6.2 for what happens if we discover an error in the price of any part of the services or the memorial products that you have applied for.
6.2 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the services or memorial products we sell may be incorrectly priced. We will normally check prices before accepting your application so that, where the correct price of any element of your application is less than our stated price at your application date, we will charge the lower amount. If the correct price of any element of the of your application is higher than the price stated to you at your application date, we will contact you for your instructions before we accept and process your application. If we accept your application where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as an error, we will contact you on becoming aware of the issue and offer you the choice to pay the difference between the price that should have been charged and the actual price paid or to end the contract. If you choose to end the contract we will refund you any sums you have paid.
6.3 When you must pay and how you must pay. We accept payment by all major credit and debit cards including Visa, MasterCard, and American Express. When you pay using a credit or debit card you must pay the price in full when your application is confirmed. If you think you have been charged incorrectly, please contact us promptly to let us know so we can address any queries and resolve the issue for you
7 Your rights to make changes
7.1 If you wish to make a change to the services or memorial products you have purchased, please contact us. We will let you know whether the change is possible. If the change is possible, we will let you know about any changes to the price of the services or memorial products 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 are unacceptable to you, you may want to end the contract (see paragraph 10, Your rights to end the contract).
8 Our rights to make changes
8.1 We may change the services or memorial products to reflect changes in relevant laws and regulatory requirements. We will notify you of any changes made to the provision of the services or memorial products. In the event that any changes substantially effect the provision of the services or memorial products that you have purchased, then you will be entitled to cancel the provision of such services or products and we will return all sums received within 28 days and we will have no further obligation to provide the services or memorial products to you.
8.2 Occasionally for reasons outside of our control we may be unable to deliver an element of the services or the memorial products that you have selected. Where this happens we will contact you or your nominated funeral director to try and agree an appropriate substitution. If we are unable to do so for any reason we reserve the right not to supply the affected services or memorial products to you. We will notify you if this is the case and will not charge you for that element of the services or memorial products. If you are unhappy with the proposed substitution or our decision not to supply the affected part of the services or memorial products, you may want to end the contract (see paragraph 10, Your rights to end the contract).
9 Providing the services
9.1 When we will provide the services. We will provide the services and memorial products on a date mutually agreed between you or your loved ones and us and (if applicable) your nominated funeral director.
9.2 We may delay the supply of the services or memorial products without any obligation to you if:
9.2.1 we need certain information from you so that we can supply the services to you, for example, a Certificate for Burial or Certificate of Cremation (as applicable) and you have not provided this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information;
9.2.2 we are notified by your payment provider that a payment has been fraudulently made and is to be cancelled; or
9.2.3 we are contacted by a third party who alleges you do not have authority to make arrangements for the services.
9.3 What happens if we delay the supply of services or memorial products. We will contact you in advance to tell you we will be delaying supply of the services or memorial products except in an emergency. Yours and our rights when we delay will depend on why the services or memorial products were delayed:
9.3.1 if you have not given us required information we may end the contract or you may contact us to end the contract;
9.3.2 if we receive notice your payment was fraudulently made and we do not receive full payment within 2 days of our notice of delay and request for payment, we may end the contract; and
9.3.3 if it is alleged you do not have the right to arrange the services we may end the contract or you may contact us to end the contract.
10 Your rights to end the contract
10.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the services or memorial products we have provided and when you decide to end the contract:
10.1.1 if what we have provided is faulty or misdescribed you may have a legal right to end the contract or to get some or all of your money back, see paragraph 13: If there is a problem with any part of the services or memorial products;
10.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see paragraph 10.2;
10.1.3 if you have just changed your mind about the services, the memorial products (or any part of them), see paragraph 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
10.1.4 in all other cases (if we are not at fault and there is no right to change your mind), you may contact us to request a termination of your application and we will discuss potential options with you. However, it will be to our discretion whether we allow you to end the contract and on what terms we would allow such termination.
10.2 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 paragraphs 10.2.1-10.2.4 below the contract will end immediately and we will refund you in full for any services or memorial products which have not been provided or have not been provided properly and you may also be entitled to compensation. The reasons are:
10.2.1 we have told you about an upcoming change to the services, memorial products or these terms which you do not agree to;
10.2.2 we have told you about an error in the price or description of the services or memorial products you have applied for and you do not wish to proceed;
10.2.3 there is a risk that supply of the services or memorial products may be significantly delayed because of events outside our control; or
10.2.4 you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) For most services and products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms. You have 14 days after the day we email you to confirm we accept your application. If you cancel after we have started to provide the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
10.4 You do not have a right to change your mind in respect of:
10.4.1 items which are made to your specification or are clearly personalised (such as engraved plaques); or
10.4.2 services, once these have been completed, even if the cancellation period is still running.
11 How to end the contract with us (including if you have changed your mind)
11.1 To end the contract with us, please call customer services on 01623 677 100 or email us at email@example.com Please provide your name, home address, details of the application and, where available, your telephone number and email address.
11.2 If you have chosen to end the contract with us and are entitled to do so as set out in paragraph 10, we will refund you the price you paid for the services and/or memorial products by the method you used for payment.
11.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us this.
12 Our rights to end the contract
12.1 We may end the contract at any time by writing to you in accordance with the circumstances set out in clause 9.3. If we do this, we will refund any money you have paid in advance for services or memorial products we have not provided but we may deduct any additional costs we may incur as a result of ending the contract as compensation for the net costs we will incur as a result of your breaking the contract, including but not limited to costs incurred where we have already taken steps to personalise any memorial products.
13 If there is a problem with any part of the services or memorial products
13.1 How to tell us about problems. If you have any questions or complaints about any part of the services or the memorial products, please contact us. You can telephone our customer service team at 01623 677 100 or write to us at firstname.lastname@example.org or Tithe Green, Grange Farm, Ollerton Road, Oxton, Nottinghamshire NG25 0RG
13.2 Summary of your legal rights. We are under a legal duty to supply services and products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the services and memorial products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
The Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service or product if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
14 Our responsibility for loss or damage suffered by you
14.1 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 or not caused by us breaking the contract. 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 that it might happen, for example, if you discussed it with us during the application process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services or memorial products including the right to receive services which are supplied with reasonable skill and care or to receive products which are not defective under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. We only supply the services and memorial products for domestic and private use. If you use our services or memorial 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.
15.2 You must ensure that your personal details (including next of kin details) are up to date and inform us of any change of address or other contact details as soon as possible.
16 Other important terms apply to our contract
16.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your service or memorial products. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team: https://www.tithegreen.com/pages/contact to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for services or memorial products not provided. You can only transfer your contract with us to someone else if we agree to this.
16.2 Nobody else has any rights under this contract. The contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
17 You have several options for resolving disputes with us
17.1 Our complaints policy. Our Customer Service Team: https://www.tithegreen.com/pages/contact will do their best to resolve any problems you have with us, our services or memorial products.
17.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If we cannot resolve a dispute, we will contact the Association of Natural Burial Grounds through their website at Natural Death Centre .org - Association of Natural Burial Grounds If you're not satisfied with the outcome you can still go to court.
17.3 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.