Helping Families and Friends Honor Their Loved One

Terms and Conditions including Returns policy

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. www.heavenlyservices.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. Heavenly Services, 171-177 Hessle Rd, Hull HU3 4AA.

2.2 How to contact us. You can contact us by emailing us at info@heavenlyservices.co.uk or writing to us at Heavenly Services, 171-177 Hessle Rd, Hull HU3 4AA. Tel: 01482 240080

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 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 All our personalised memorials are made to your specification and order: Our memorials are designed by choosing your preferred material type, size and inscription detail.

4.2 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.

If 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.

4.3 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.

4.4 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.

MATERIAL

5.1 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.

5.2 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.

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 work 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 will not charge any extra cost.

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.

IF YOU CHJANGE YOUR MIND ABOUT YOUR ORDER

9.1 If you change your mind about the Product prior to final approval-

If you change your mind and cancel your order prior to fianl 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 info@memorials-uk.com. 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 info@heavenlyservices.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

WARRANTIES
Heavenly Services 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 Heavenly Services 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.

YOUR OBLIGATION TO RETURN REJECTED PRODUCTS

12.1 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

13.1 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;

13.2 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

14.1 Where to find the price for the Products. The price of the Products 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

15.1 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.

15.2 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
16.1 How we will use your personal information. We will use the personal information you provide to us:

16.2 to supply the Products to you;

16.3 to process your payment for the Products; and

16.4 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.

16.5 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
17.1 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.

17.2 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.

17.5 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 05th August 2020.

2. DATA COLLECTED
DATA STORAGE LOCATION

We are Cyprus based company and operate web servers hosted in Germany. Our hosting provider Hetzner Online GmbH adheres to the EU/US “Privacy Shield”, ensuring that your data is securely stored and GDPR compliant. For more information on Hetzner Online GmbH privacy policy, please see here: Hetzner Data Privacy Policy.

REGISTRATION DATA

If you register on our website, we store your chosen username and your email address and any additional personal information added to your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit this information.

PURCHASE DATA

To receive product support, you have to have one or more Envato/ThemeREX purchase codes on our website. These purchase codes will be stored together with support expiration dates and your user data. This is required for us to provide you with downloads, product support and other customer services.

SUPPORT DATA

If you have registered on our website and have a valid support account, you can submit support tickets for assistance. Support form submissions are sent to our third party Ticksy ticketing system. Only the data you explicitly provided is sent, and you are asked for consent, each time you want to create a new support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.

COMMENTS

When you leave comments on the website we collect the data shown in the comments form, and also the IP address and browser user agent string to help spam detection.

CONTACT FORM

Information submitted through the contact form on our site is sent to our company email, hosted by Zoho. Zoho adheres to the EU/US “Privacy Shield” policy and you can find more information about this here: Zoho Privacy Policy.

These submissions are only kept for customer service purposes they are never used for marketing purposes or shared with third parties.

GOOGLE ANALYTICS

We use Google Analytics on our site for anonymous reporting of site usage. So, no personalized data is stored. If you would like to opt-out of Google Analytics monitoring your behavior on our website please use this link: Google Analytics Opt-out.

CASES FOR USING THE PERSONAL DATA

We use your personal information in the following cases:

  • Verification/identification of the user during website usage;
  • Providing Technical Assistance;
  • Sending updates to our users with important information to inform about news/changes;
  • Checking the accounts’ activity in order to prevent fraudulent transactions and ensure the security
  • over our customers’ personal information;
  • Customize the website to make your experience more personal and engaging;
  • Guarantee overall performance and administrative functions run smoothly.
3. EMBEDDED CONTENT

Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:

FACEBOOK

The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy .

TWITTER

We use the Twitter API to display our tweets timeline on our site. Twitter has its own cookie and privacy policies over which we have no control. Your IP is not sent to a Twitter server until you consent to it. See their privacy policy here: Twitter Privacy Policy .

YOUTUBE

We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.

CONSENT CHOICE

We provide you with the choice to accept this or not, we prompt consent boxes for all embedded content, and no data is transferred before you consented to it.

The checkboxes below show you all embeds you have consented to so far. You can opt-out any time by un-checking them and clicking the update button.

  • YouTube
  • Facebook
  • Twitter
4. COOKIES

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.

NECESSARY COOKIES (ALL SITE VISITORS)
  • cfduid: Is used for our CDN CloudFlare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. See more information on privacy here: CloudFlare Privacy Policy.
  • PHPSESSID: To identify your unique session on the website.
NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)
  • wp-auth: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
  • wordpress_logged_in_{hash}: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
  • wordpress_test_cookie Used by WordPress to ensure cookies are working correctly.
  • wp-settings-[UID]: WordPress sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
  • wp-settings-[UID]:WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
5. WHO HAS ACCESS TO YOUR DATA

If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself.

If you are a client with a registered account, your personal information can be accessed by:

  • Our system administrators.
  • Our supporters when they (in order to provide support) need to get the information about the client accounts and access.
6. THIRD PARTY ACCESS TO YOUR DATA

We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us. Please see below:

ENVATO PTY LTD

For the purpose of validating and getting your purchase information regarding licenses for the Avada theme, we send your provided tokens and purchase keys to Envato Pty Ltd and use the response from their API to register your validated support data. See the Envato privacy policy here: Envato Privacy Policy.

TICKSY

Ticksy provides the support ticketing platform we use to handle support requests. The data they receive is limited to the data you explicitly provide and consent to being set when you create a support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.

7. HOW LONG WE RETAIN YOUR DATA

When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation.

If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.

8. SECURITY MEASURES

We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.

In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.

9. YOUR DATA RIGHTS
GENERAL RIGHTS

If you have a registered account on this website or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us.


You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address).

If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.

GDPR RIGHTS

Your privacy is critically important to us. Going forward with the GDPR we aim to support the GDPR standard. ThemeREX permits residents of the European Union to use its Service. Therefore, it is the intent of ThemeREX to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.

10. THIRD PARTY WEBSITES

ThemeREX may post links to third party websites on this website. These third party websites are not screened for privacy or security compliance by ThemeREX, and you release us from any liability for the conduct of these third party websites.

All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. ThemeREX bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

11. RELEASE OF YOUR DATA FOR LEGAL PURPOSES

At times it may become necessary or desirable to ThemeREX, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.

12. AMENDMENTS

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.