Business Terms & Conditions

Business Terms & Conditions

1. Parties
In these conditions:
“Our”/”We”/”Us” means Harmony AFD, registered in England and Wales.
“You”/”Your” means the individual or company requesting Our services.
“Order” means the written Order attached to these conditions.

2. Terms
These conditions and the written Order comprise all the terms of the contract between You and Us
(“Contract”) and shall apply to the exclusion of any other terms and conditions, warranties and
representations written or orally expressed or implied (save for those which by law cannot be
excluded) unless accepted by Us in writing.

3. Price
3.1 The price of the services shall be stated in the Order and unless otherwise agreed in writing by Us
shall be inclusive of Value Added Tax. All invoices issued by Us will be payable in full without set-off
or deduction within seven (7) days of the date of the invoice.
3.2 In the event that any payment due from You to Us is not made on the due date, We shall be
entitled to receive interest on the late payment from the date the payment fell due until the date of
actual payment (both before and after judgment) at an annual rate of interest equivalent to 1.5%
above the base lending rate from time to time of The Co-operative Bank p.l.c. (registered number
990937) to be calculated on a daily basis.

4. Cancellation
4.1 Before We begin to provide the goods and/or services set out in the Order You have the right to
cancel this Contract within 5 days of the date of the Order without giving any reason. The right to
cancel can be exercised by contacting us, including by sending a cancellation notice to Us by email or
by contacting us at the branch in which You placed the Order. You may use the Model Cancellation
Form set out in this Contract but it is not obligatory.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning
Your exercise of the right to cancel before the cancellation period has expired. If You do this, You will
not have to pay any charge for cancellation and any payments You have made during this time will be
refunded to you in full.

Please Note: 

• If You have requested the provision of goods and/or services to commence during the
  cancellation period and the goods and/or services have been made or provided to Your
  specifications or clearly personalised, the right to cancel does not apply and You shall be
  required to pay for such goods and/or services. This will not affect Your legal rights as a
  consumer in relation to bespoke or personalised goods that are faulty or not as described.
• If You requested the provision of goods and/or services to begin during the cancellation
  period and these have not been made to Your specifications or clearly personalised, You
  shall pay us an amount which is in proportion to what has been performed in comparison with
  the full contracted service up until the point at which You communicated to us Your
  cancellation of this Contract.

Where you are due a reimbursement, We will make the reimbursement without undue delay and not
later than 31 days after the day on which we are informed about Your decision to cancel this Contract.
We will reimburse You using the same means of payment as You used for the initial transaction,
unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of
the reimbursement.

4.2 We may cancel this Contract at any time with immediate effect by giving you written notice if:

• 4.2.1 You do not pay Us when you are supposed to; or
• 4.2.2 You break this Contract in any other material way and you do not correct or fix the
  situation within 5 days of Us asking you to do so in writing.

5. Specification
5.1 Without prejudice to any terms implied by law for the benefit of You, We hereby undertake to You:

• 5.1.1 that the quality, quantity and description of the goods and services shall, subject as
  provided in these conditions, be as expressly specified in the Order and/or in any applicable
  specification supplied by You to Us and/or agreed in writing and signed by the parties.
• 5.1.2 We shall comply with all applicable regulations or other legal requirements concerning
  the manufacture and delivery of the goods and the performance of the services.

6. Variations
Prior to fulfilment of the Order, We shall comply with any variation, direction and/or requirement
issued and signed by You to Us relating to all or any part of the Order. Such a variation, direction
and/or requirement shall not invalidate the Contract and any amount due arising from such
compliance shall be agreed between You and Us and in default shall be a reasonable sum incurred.
Where the quality of goods or services is reduced, the price shall be reduced proportionally.

7. Force Majeure
In the event of the Contract being rendered impossible to perform by reason of any cause beyond the
control of either party, each party has the option to cancel or suspend the Contract or so much of it as
is thereby rendered impossible to perform provided always that if each party selects a different option
then Your option shall prevail.

8. General
8.1 The Order is personal to You and You shall not assign or transfer or put aside to any person any
of Your rights or obligations or sub-contract any of Your obligations under the Contract without Our
prior written consent.

8.2 You hereby acknowledge and confirm that You have authority to enter into the Contract with Us
for the provision of Our services. You confirm that You are personally responsible for the payment of
all invoices concerning the services rendered. In the event a dispute occurs, You hereby agree to
indemnify Us in full against all liability, loss, damages, costs and expense (including legal expense),
awarded against or incurred or paid by Us as a result of or in connection with Your confirmation that
You have authority to enter into the Contract.

8.3 If You are dissatisfied with any aspect of Our service please contact either the funeral home or
Client Relations Team

Email: accounts@harmonyfuneralcare.co.uk
Or write to: 67-75 Cross Road, Coventry, CV6 5GR

This should be carried out within 7 days of Us providing the service, otherwise You are deemed to
have accepted the service as complying with these terms and conditions.

8.4 In considering Your funeral arrangements We may search Your record at a credit reference
agency. They will add to Your record details of Our search and Your application. This will be seen by
other organisations that make searches. We will add to Your record with the credit reference agency
details of Your Order with Us, the payments You make under it and any default or failure to keep to its
terms. These records will be shared with other organisations and used by Us and them to:

a) Help make decisions about credit and credit related services such as insurance for You and
members of Your household.
b) Trace debtors, recover debt, prevent money laundering and fraud and to manage Your account.
For these purposes We or they may make further searches, although these searches will be added to
Your record, they will not be shared with others.
You have a legal right to details of those credit reference and fraud prevention agencies from whom
We obtain and to whom We pass Information about You. You have a right to receive a copy of the
Information We hold about You if You apply to Us in writing. A fee will be payable.

8.5 We reserve the right to dispose of any unclaimed jewellery or personal effects that remain
uncollected by You for a period of 1 month following the date of the funeral.
If the items remain uncollected for a period of 1 month following the date of the funeral, We will email
You advising You of Our intention to dispose of the items should they remain uncollected by You for
28 days following the date of the email.
Unclaimed jewellery is sold to a reputable gold smith and funds donated to a charity of our choice.

9. Third Parties
Nothing in these conditions confer any benefit on any third parties under the Contract (Rights of Third
Parties) Act 1999.

10. Governing Law
English law shall apply to this contract. We agree with You that in the event of any dispute arising
between You and Us the courts of England and Wales will have non-exclusive jurisdiction over any
such dispute.

12. How my information will be used
We take your privacy seriously. We will only use your personal information in the following ways:

12.1 Where it’s needed to carry out the funeral services you have requested:
a) We may need to pass your information to third parties as part of the funeral arrangement. These
can include crematoria, florists, transport providers, clergy or official bodies such as the police or
coroners. This may include sensitive information, such as to arrange wheelchair access or to cater for
dietary requirements.
b) We may need to transfer your personal data outside of the European Union in order to provide you
with the services and products you require, such as repatriating the deceased to or from another
country. Some of these countries may not have laws that protect privacy rights as extensively as in
the European Union.

If we do this, we will take proper steps to ensure that your information is properly protected.

12.2 Where it’s necessary for legitimate business reasons:a) We may share your information with agencies and other companies both inside and outside
the Harmony Group for quality control, statistical, fraud prevention and debt collection purposes.
b) We may also use and share your information within the Harmony Group to develop and improve
our services, by analysing your information. This will help us improve our future products, services
and marketing.
c) If we change our company structure, then we may transfer your personal information to another
company.

d) We may contact you to ask you to participate in customer satisfaction surveys and market research
(by email or phone) and to undertake and analyse those surveys and research.
e) Our service includes free practical support to notify organisations about your loss, suppress junk
mail and close social media accounts and to provide guidance on estate administration, inquests and
other legal issues you may face following bereavement. To provide this service we are supported
by Local Legal Services providers.

If you don’t want this to happen, please let us know. We won’t use your information for marketing, or
pass it to third parties outside of the Harmony Group for their marketing purposes.
If you require further information about how we use personal data then please request a copy of our
Privacy Policy or visit harmonyfuneralcare.co.uk