Last updated January 26, 2021
TERMS & CONDITIONS OF WEBSITE USE
The terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions) and Graceful Graves, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website.
Website is referred to as any online platform owned, managed, or occupied by Graceful Graves or Graceful Graves Ltd.
If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. In these terms and conditions, User or Users means any third party accesses the Website and is not either (i) employed by Graceful Graves and acting in the course of their employment of (ii) engaged as a consultant or otherwise providing services to Graceful Graves and accessing the Website in connection with the provision of such services.
Users must be at least 18 years of age to use this Website.
By using this Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
All content included on this Website, unless uploaded by Users, is the property of Graceful Graves, our affiliates or other relevant third parties.
In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use this Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on this site without the owners prior written permission.
You may, for your own personal, non-commercial use only do the following: retrieve, display, and view the Content on a computer screen or mobile device.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Graceful Graves.
You may not use the Website for any of the following purposes/;
in any way which causes, or may cause, damage to the Website or interferes with any other persons use or enjoyment of the Website;in any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Graceful Graves or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
LIMITATION OF LIABILITIES
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence as applicable; (b) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentations; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the extent of the Website and Content are provided free of chare, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Graceful Graves accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any dara, database or software; any special, indirect or consequential loss or damage
TERMS AND CONDITIONS OF SERVICES
All Graceful Grave memorial and cleaning services are undertaken by our specialist grave guardians with manners and respect.
Our availability will be regularly updated via our website All bookings are non-refundable.Once you've signed up to become a member you'll be able to purchase your chosen Graceful Care Plan from our 'Plans & Pricing' page.
This will allow you to book each date that you would like your Graceful Care Service to be completed by each month.The date you book for should be the date you would like your service to be completed by only.
For your very first booking, we require a minimum of 14 days before your desired completion date to give our Graceful Guardians enough time to locate, assess, and report on the grave or memorial before cleaning.
All future dates will only require a minimum of 7 days before your desired completion date from then on.
For Primrose, Rose, and Violent plans you will have access to '12 sessions' which will allow you to book in for 1 date per month for the entire year until your plan ends.
These plans are only valid for 1 BOOKING PER MONTH, please do not book multiple times in the same month. You should book all of your preferred dates at the time of purchase to avoid disappointment.
For Daisy and Holly plans you will have access to '1 session' which will be valid for a one-off booking. We require 14 working days before we can make our first visit to a grave/memorial, and we will endeavour to fulfil any special day visits, but these cannot be guaranteed, if they fall within these first 14 days of the initial booking.
Once you have paid for your subscription you will receive an email confirming that your payment has been successful via wix as well as confirmation of your first booked date.
You will then receive an email confirming the 11 other remaining dates you have chosen. In the event of a cancellation on the customer's behalf there is a no refund policy, please contact us immediately to cancel the booking.
If you need to reschedule please contact us within 48 hours of making your booking as you may be able to select an alternative day, at the discretion of management and availability of staff.
Repeat cancellations, failed payments, or any breach of terms and conditions gives us the right to terminate your subscription and account with us at any time Due to the nature of our Graceful services we will always take a digital photo of your ordered item, at the location you requested as proof of delivery and fulfilment of your order, this photo will then be e-mailed to you.
We will also have a copy for our records, which may also be used for promotional purposes at our discretion. If you would like to exempt your images from promotional use please let us know ASAP. Unless you are able to provide us with a grave number and exact location, we cannot guarantee that the work will be completed during our initial visit, as the grave will need to be located first which can sometimes be problematic, but you will be contacted if this is the case.
If it is not possible to locate the grave or memorial and adequate information is not provided, you will still be charged for the cost of the visit. If you need help and would like us to locate the grave for you, we can do so for an additional one off cost of £25. Occasionally, plant, fresh flower or bulb substitutions are necessary due to temporary availability issues.
If this is the case with the item (s) you've selected, our Graceful Grave care team will contact you and ensure that the style, theme and colour scheme is preserved and will only substitute of equal or higher value.
We are not able to accept responsibility for problems arising from the provision of a service where relevant permissions have not been obtained.
We accept no liability for any loss or damage arising after your order has been fulfilled, and any issues will be detailed in your assessment report.
Graceful Graves is committed to protecting your privacy. We will only use information that we collect from you in order to process authorisation.
We maintain all security and transaction processing software standards.
We may email you with information about other related products & services that we think might be of interest to you on key days, such as, mother’s day, father’s day, and anniversary dates you have supplied. If you choose not to receive this information please tell us at the time of your order.
FEES AND SUBSCRIPTION TERMS
Graceful Graves offers a range of subscription plans to its graceful care services, including, without limitation, "Primrose" , "Rose", "Violet," , "Daisy" and "Holly" As an express condition of your use of and access to the Graceful Grave and Maintenance Care Service, you agree to pay all fees applicable to your subscription plan (your "Plan"), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of our services.
To view the specific details of your Plan, including pricing information and the commencement date of your next renewal period, visit the Graceful Graves Website, login at https://www.gracefulgraves.co.uk and log in to your account from the sidebar navigation select “Log In”, then “My Bookings”, after logging in.
We may, upon any notice required by applicable law, change the fees for our Graceful grave and memorial care Services at any time or require new fees or charges. Such changes will be effective immediately upon posting on Our Website; provided, however, that such fee changes will be effective only as to prospective Graceful grave and memorial care orders (including renewals) accepted by Graceful Graves after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
PAYMENT OF FEES
Your Graceful Grave Care Service Plan, which may start 7 days before your selected completion date, will renew automatically and continue month-to-month or year-to-year (depending on your Service) unless and until you cancel your plan or we terminate it, in each case pursuant to the terms of this Agreement.
There is a 14 day cooling-off period from the day you sign up for your Graceful Grave Care Service Plan, you can cancel for any reason and get your money back as long as your first Graceful Grave Care Service has not been completed. The minimum contract term is 3 months.
To view the specific details of your Plan, please refer to your email confirmation, or log into your account and look under 'My Bookings'.
We will bill the fees due under your Graceful Grave Care Service Plan to the credit or debit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to your account and use of Graceful Graves Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in GBP.
PAYMENT TERMS, FEES, UPGRADES AND CANCELLATIONS
The fees for your Plan are billed either immediately when booking, or in advance of the service completion date, are non-refundable, and automatically renew on a monthly or annual basis, as specified in your Graceful Grave Care Service Plan (not including Daisy and one-off care plans).
No refunds or credits will be provided for partial months of the upgrades/downgrades, or for months unused with an open account.
If you downgrade your Graceful Grave Care Service Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle.
If you upgrade your Graceful Grave Care Service Plan level, your credit card will immediately be charged a prorated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
The only valid method for canceling your Graceful Grave Care Service Plan is via email to email@example.com. Requests to cancel by deactivating your account online or phone are not considered, and do not accomplish, cancellation.
If you cancel your Graceful Grave Care Service Plan before the end of your current pre-paid period (after the 3 month minimum term), you will not be charged again for your Plan beginning with the next billing cycle.
If you cancel your Graceful Grave Care Service Plan during your minimum term via your bank, you are breaching the terms and conditions of sale and legal action will be taken.
It is your responsibility to evaluate Graceful Graves, including its services, features, requirements, and limitations before selecting and committing to any Paid Plan. Graceful Graves will not issue refunds to customers on the basis of customers not understanding the system requirements, or the presence of compatibility issues, including inadequate internet speed or consistency, or incompatible devices, operating systems, or browser software versions.
If you cancel your Graceful Grave Care Service Plan, you will lose all access to that plan's service level, upon the expiration of your current pre-paid period.
Your payment is due in full immediately upon each due date with respect to your Graceful Grave Care Plan Subscription. You must notify Graceful Graves of any change in your payment account information, either by updating Your Account on the Graceful Graves website or via email.
If payment is not successful at the time of monthly subscription payment, you will be notified via email.
We operate a ‘two strike’ policy whereby we reserve the right to cancel your Graceful Grave Care Plan Subscription. And decline future membership for the Service after two payment issues including but not limited to, non payment and late payment.
Graceful Graves will allow for up to 7 days grace for the balance to be cleared, after this time we may immediately suspend all or part of your subscription(s). The balance is still be required to be paid if membership is for any completed and outstanding services
If your payment is declined on the date your recurring charge is due, you will be notified by email and requested to update your payment details and/or make funds available.
CREDIT AND DEBIT CARD PAYMENTS
All fees for your Graceful Grave Care Service Plan will be billed to your credit or debit card. You authorize the card issuer to pay any amounts described herein and in your Graceful Grave Care Service Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Graceful Grave Care Service Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly notify Graceful Graves if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password).
You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit or debit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
NOTICES; MODIFICATIONS AND TERMINATION OF SERVICES; AMENDMENT TERMS
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid; illegal or unenforceable, that provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subjected to the exclusive jurisdiction of the English and Welsh courts.