TERMS AND CONDITIONS OF SERVICE
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why 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 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 or would like to request any changes for your order, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Aeternum, a company registered in England and Wales. Our company registration number is 11720048 and our registered office is at 67 Shakespeare Road, London, United Kingdom, W7 1LU.
2.2 How to contact us.
You can contact us by writing to us at email@example.com or by post at Aeternum, 67 Shakespeare Road, London, W7 1LU.
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 order.
2.4 ”Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, 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 product. This might be, among other reasons, because a launch is full or has been delayed/cancelled, if it is beyond the deadline for a launch, a product is 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 product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is intended for UK sales.
Our website is for the promotion of our products in the UK. For interest in our services outside the UK (for example if ashes are currently based outside the UK), please contact us at firstname.lastname@example.org.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display them accurately, your product may vary slightly from images.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your information is accurate.
If we are making the product, or delivering a service, according to information you have given us (such as measurements), you are responsible for ensuring that this information is correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to a product or service 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 your order, 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 are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the service.
The space industry is still in its infancy, and procedures/launch plans are often subject to change. We may therefore need to change how we provide your order:
(a) to reflect changes in relevant laws, regulatory/industry or launch provider requirements, in the interest of ensuring our service to you and other customers is delivered effectively; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat, or to be able to deliver our service given the requirements of a particular rocket (for example by changing the size/shape of our capsules or different memory storage format).
6.2 More significant changes to the products and these terms.
In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so 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 products paid for but not received. For the avoidance of doubt, this clause does not cover launch delays (which are dealt with in Clause 7.3):
(a) Offering an alternative launch if a particular launch is cancelled (which may potentially be out of our hands).
6.3 Updates to digital content.
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. PROVIDING THE SERVICE
7.1 Data-only services.
Where your order only includes a data service, with no ashes element, the following terms will specifically apply to your order (in addition to those contained in Clauses 7.3 – 7.8 below):
- Delivery costs: as your data will be uploaded via the internet for data-only services, the price is inclusive of all delivery costs. Once you purchase a data-only service (e.g. our Space Ark service), we will automatically create a folder in the cloud of your chosen size, and email you with instructions for uploading the data you would like to use on our service.
- Deadline for uploads: Due to strict deadlines imposed on us by external launch providers’, we must impose an equally strict deadline on our customers’ data uploads. For data-only services, this deadline is 30 days from the date of purchase (and therefore the creation of your cloud folder), after which your folder will be locked and further uploads will be prevented. We will send you an email reminder 10 days prior to this date. Aeternum may, in our sole discretion, extend this deadline where possible.
- What happens if the deadline for uploads is missed? As we will already have incurred the cost of booking the necessary space on a launch, you will not be able to claim a refund on your order where you have failed to upload data by the deadline notified to you in accordance with Clause 7.1(b).
7.2 Services including ashes (including services with both ashes and data).
Where your order includes ashes (or both ashes and data), the following terms will apply specifically to your order (in addition to those contained in Clauses 7.3-7.8 below):
- Delivery costs: The costs of delivery and return of our ash capsules are generally included in the price displayed to you on our website for ashes collected from within the UK. As the regulations and administration involved in transporting ashes varies from country to country, we need to assess the costs involved in collecting from ashes outside the UK on a case-by-case basis. Should your order involve ashes located outside the UK, please contact us at email@example.com so we can discuss cost and arrangements.
- Delivery of memorial box to you: If not already agreed between you and us prior to your order, we will contact you after your order is complete to arrange for delivery of our memorial box (including ashes capsule and, if applicable, memory card).
- Return of memorial box to us: The box will contain instructions for filling and sealing the capsule, and uploading your chosen data to the memory card. Once you have filled and sealed the capsule and uploaded your data to the memory card so that the memorial box is ready to launch, please contact us to arrange for return to Aeternum.
- Deadline for return: Due to strict deadlines imposed on us by external launch providers, we must impose an equally strict deadline for your return of our memorial box, which will be notified to you after you complete your order.
- What happens deadline for return is missed? As we will already have incurred the cost of booking the necessary space on a launch, you will not be able to claim a refund on your order where you have failed to return the memorial box to Aeternum by the deadline notified to you in accordance with Clause 7.2(d).
- Courier losses. Please note that for return of ashes to us, couriers will generally not provide insurance for loss of delivery – in the unlikely event that your package (including symbolic portion of ashes in capsule and, if applicable, memory card) is lost by the courier before it is delivered to us we do not bear responsibility or liability, although we will of course issue you with a new package wherever possible.
7.3 Delays to space launches are common and can be lengthy – we are not responsible for delays outside our control.
Delays to launches are commonplace in the space industry and can be lengthy – around 1 in 5 launches are delayed and the time usually ranges from between 1 month and 1 year. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you do not re-arrange delivery.
If you do not collect any delivery from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect it from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply. We will not be able to refund you where we have already incurred costs in booking the necessary launch space on your behalf.
7.5 When you become responsible for the memorial box.
Physical products will be your responsibility from the time we deliver them to the address you gave us or collect it from us, until you have arranged a successful return to us (if applicable).
7.6 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, your correct address, preferred delivery/collection dates or preferred launch date. If so, this will have been stated in the description of the products on our website. 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 either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required, or extra charges we incur, as a result. We will not be responsible for supplying your order late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.7 Reasons we may suspend the supply of your order.
We may have to suspend the supply of your order to:
(a) deal with technical problems or make minor technical changes;
(b) update our products/services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6);
(d) due to launch delays as described in Clause 7.3.
7.8 We may also suspend supply of your order if you do not pay.
If you do not pay us for your order when you are supposed to (see Clause 12.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of your order until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of your order. We will not suspend your order where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.5.
8.2 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 (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to your order or these terms which you do not agree to (see Clause 6.2), but, for the avoidance of doubt, this shall avoid launch delays (see Clause 7.3);
(b) we have told you about an error in the price or description of your order and you do not wish to proceed;
(c) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most things bought online you have a legal right to change your mind within 14 days and receive a refund (less cost of return, if applicable). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) any bespoke products or services that we have already booked for you;
(b) any data-only services for which 14 days have passed since the completion of your order (as after this date your booking on a launch will be treated as confirmed and we will incur costs as a result.
(c) any services including ashes (including ashes and data) for which 14 days have passed since the delivery to you of our memorial box (as after this date your booking on a launch will be treated as confirmed and we incur costs as a result).
(d) digital products after you have started to download or stream these;
(e) services, once these have been completed, even if the cancellation period is still running;
(f) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(g) any products which become mixed inseparably with other items after their delivery.
8.5 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) compensation for the net costs we have or will incur as a result of your ending the contract (including reasonable compensation for man-hours expended).
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by contacting us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract.
If you end the contract for any reason after physical products (such as our memorial box) have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at the address displayed on our website footer or (if they are not suitable for posting) allow us to collect them from you. Please email us at email@example.com with the subject ‘Return’ to arrange their return.. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if your order are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to your order or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £50 for collection of memorial boxes within the UK.
9.5 How we will refund you.
We will refund you the price you paid for your order including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect the fact that we are unable to send the memorial box to another customer, if this has been caused by your handling of it (including if you have already filled it with ashes). If we refund you the price paid before we are able to inspect the memorial box and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
(b) If we have already delivered a memorial box to you, we may deduct the costs of this postage (in the UK this figure is £15). If you have already returned the box to us, we may deduct the cost of our return courier (in the UK this figure is £50). Figures for customers outside the UK will be informed of these amounts during the order process.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied (including our expenses and/or man-hours expended), in comparison with the full coverage of the contract.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If you have one or more of our goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive them back from you. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your correct address, preferred delivery/collection dates or preferred launch date; or
(c) you do not, within a reasonable time, allow us to deliver the memorial box to you and return it to us.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for an order we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract (for instance in our expenses in booking the necessary space on a particular launch).
10.3 We may have to withdraw a particular service.
We may write to you to let you know that we are going to stop providing a particular service, for example if your chosen launch has been cancelled due to factors outside our control. We will let you know as soon as reasonably possible should this be the case and will refund any sums you have paid in advance for orders which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us at firstname.lastname@example.org
11.2 Your legal rights in respect of goods.
If your product is goods, rather than a service, the Consumer Rights Act 2015 says they must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
11.3 Your obligation to return rejected goods.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection (in respect of unsatisfactory goods, rather than simply your changing your mind).
12. PRICE AND PAYMENT
12.1 Where to find the price for a service.
The price of a service (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
As our business involves arrangements with ashes, many of our services are VAT-exempt. Where VAT is applicable, and if the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s 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 and refund you any sums you have paid.
12.4 When you must pay and how you must pay.
All of our services, unless we notify you otherwise during the payment process, must be paid for at the time of your order.
12.5 We can charge interest if you pay late.
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 3% a year above the base lending rate of NatWest Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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. 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.
13.2 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 products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property.
If we are providing services 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 the services.
13.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions, common sense or reasonable IT practice, or to have in place the minimum system requirements advised by us.
13.5 We are not liable for business losses.
We only supply our products and services 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.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we may use your personal information.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable chance that the transfer will impact the ability of either party to complete the contract.
15.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
15.4 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.
15.5 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.
15.6 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.
15.7 Alternative dispute resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com/consumer/funerals-estate-planning/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.