Your Wings ltd - Terms of Business

These terms of business are important as they will apply to our provision of services and they set out our and your legal rights and obligations.

Accordingly, please read these terms very carefully and ensure that you understand them before ordering any services from us. Please note that before placing an order with us, you will be asked to confirm your acceptance of these terms.

If you have any queries about anything in these terms, please do not hesitate to let us know. You can contact us by telephoning 0845 257 0377 or by emailing info@yourwings.co.uk.

Please print a copy of these terms for future reference.

Your attention is drawn in particular to clauses 7 ("Our liability to you") and 8 ("Events outside our control").

  • 1. DEFINITIONS
  • 1.1 When the following words with capital letters are used in these terms of business, this is what they will mean
    • (a) Event Outside Our Control: is defined in clause 8.2
    • (b) Order: your order for Services, comprising documentation that we will email to you confirming (amongst other things) the Services to be provided and the price
    • (c) Product: any physical product we create for you as part of the Services (for instance, a memorial DVD)
    • (d) Scattering Date: the date for the scattering of your ashes, as may be rescheduled in accordance with these Terms
    • (e) Services: the ash scattering services that we are providing to you as set out in your Order and subsequently confirmed by us in writing
    • (f) Terms: the terms and conditions set out in this document and
    • (g) we/our/us: Your Wings Limited (Company No. 08191170) whose registered office is at 3 Barnett Way, Northleach, Cheltenham, Gloucestershire, United Kingdom, GL54 3JQ.
  • 1.2 When we use the words "writing" or "written" in these Terms, this will include email.
  • 2. OUR CONTRACT WITH YOU
  • 2.1 These Terms are the terms and conditions on which we supply Services to you.
  • 2.2 Please ensure that you read these Terms carefully. Please also check that the details you provide to us (and those set out in your Order) are complete and accurate, before you confirm to us that you wish us to proceed with supplying the Services. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
  • 2.3 After discussing your requirements with you, we will prepare and email to you the documentation comprising your Order, and if you reply to us confirming that you wish to go ahead, a legally binding contract will come into existence between you and us (incorporating these Terms) for the provision of the Services.
  • 3. CHANGES TO ORDER OR TERMS
  • 3.1 We may revise these Terms from time to time in the following circumstances:
    • (a) changes in how we accept payment from you or
    • (b) changes in relevant laws and regulatory requirements or
    • (c) changes in how we operate our business.
  • 3.2 If we have to revise these Terms under clause 3.1, if you wish you can choose to cancel the contract in accordance with clause 9.
  • 3.3 You may make a change to your Order for Services at any time before 30 days prior to the proposed Scattering Date by contacting us. Where this means a change in the total price of the Services, we will notify you of the amended price in writing. You can choose to cancel your Order in these circumstances if you wish to do so.
  • 3.4 If you wish to cancel your Order, your rights to do so are set out in clause 9.
  • 4. PROVISION OF SERVICES
  • 4.1 Descriptions and images on our website and in promotional materials are for illustrative purposes only. Although we have made every effort to convey information about our Services accurately, the nature of our Services means that they may vary in scope and nature from time to time.
  • 4.2 When ordering Services, you may chose from one of our standard packages or you may discuss with us the options for bespoke services.
  • 4.3 We will make every effort to undertake the scattering of your ashes on the Scattering Date confirmed by us, however please be aware that there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens. Indeed, Our provision of Services is highly weather dependent so even where we are able to proceed upon an estimated Scattering Date, it may be that visibility and your experience is affected by adverse weather.
  • 4.4 We prefer that you (or your relatives) bring your ashes on the day of scattering, as if you deliver them into our possession before that date we are unable to insure them (and accordingly if you do so you acknowledge and accept that we shall have no liability for any loss or damage to the ashes in any circumstances).
  • 4.5 We may need certain information from you that is necessary for us to provide the Services, and we may ask you to bring certain documentation and/or other things with you when the Services are to be provided (for instance, documents confirming your identity). We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services. We will not be liable for any delay or non-performance where you have not provided this information or documentation to us after we have asked.
  • 4.6 During the provision of Services and specifically on the Scattering Date, we may lend you (and/or your relatives) certain equipment (such as binoculars). Please ensure that you (and/or your relatives) take good care of and do not damage this equipment.
  • 4.7 We may have to suspend the Services if we have to deal with technical problems. Where possible, we will endeavour to contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency, in which case we may not be able to do so.
  • 4.8 If you do not pay us for the Services when you are supposed to as set out in clause 6.2, we will have no obligation to provide the Services until you have paid us the outstanding amounts. This does not affect our right to charge you interest under clause 6.3.
  • 4.9 During the performance of our Services, please ensure that you (and/or your relatives) listen to and comply with any instructions that we may give to you (including but not limited to those in relation to safety and security).
  • 4.10 Certain of our Services may have certain eligibility requirements. For instance, for individuals with a military background may be able to have a military display team take part. Where this is the case, you must ensure that you meet the eligibility requirements and you must provide us with such documentation as we may request in order to verify this.
  • 4.11 Where you or a family member wish to take part in a tandem parachute jump, you will ensure that you are or such person is physically fit, healthy, and follows all instructions given in this regard. If you or they have any concerns about taking part from a health point of view, these should be raised and discussed with your doctor prior to taking part. Further, you and/or your family member must meet such statutory and other requirements as we may notify to you, including but not necessarily limited to those of the British Parachute Association.
  • 4.12 Where the Services include the provision of a memorial DVD, we will ask you to provide certain materials to us (including home movies and photographs). Please supply us with copies rather than originals. Where you supply us with originals, please be aware that you do so at your own risk (and we cannot accept any financial responsibility in the event of any loss or damage to such materials). Please ensure that you are fully entitled to supply us with copies of the materials and that these do not infringe the rights of any third parties.
  • 5. IF THERE IS A PROBLEM WITH THE SERVICES OR ANY PRODUCT SUPPLIED BY US
  • 5.1 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care and if any Products are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  • 5.2 In the unlikely event that there is a defect in a Product:
    • (a) please contact us and tell us as soon as reasonably possible
    • (b) please give us a reasonable opportunity to repair or fix any defect and
    • (c) we will use every effort to repair or fix the defect as soon as reasonably practicable.
    • You will not have to pay for us to repair or fix a defect in a Product under this clause.
  • 6. PRICE AND PAYMENT
  • 6.1 The price of the Services will be as we notify to you before you place your Order with us. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
  • 6.2 You will need to pay for the Services not less than 30 days prior to the proposed date when the Services will be provided, using one of the payment methods that we notify to you. If you wish to book an earlier Scattering Date than we would normally require, i.e. one that falls within 30 days of entering into our contract with you, you will need to pay for the Services immediately on confirming that you wish to proceed. Your rights to a refund on cancellation are set out in clause 9.
  • 6.3 If you do not make any payment due to us on or by the due date for payment, we may (in our discretion) (a) delay the Scattering Date; (b) cancel our contract with you; or (c) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time (which 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). In circumstances where we chose to charge interest, you must pay us interest together with any overdue amount.
  • 7. OUR LIABILITY TO YOU
  • 7.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
  • 7.2 We do not exclude or limit in any way our liability for:
    • (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors
    • (b) fraud or fraudulent misrepresentation
    • (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
    • (d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples) and
    • (e) defective products under the Consumer Protection Act 1987.
  • 8. EVENTS OUTSIDE OUR CONTROL
  • 8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms, or for any loss or damage that you suffer, that is caused by an Event Outside Our Control. It may be that we have to reschedule the Scattering Date due to an Event Outside Our Control, in which case we will endeavour to notify you as soon as possible and arrange an alternative Scattering Date.
  • 8.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation adverse weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or failure of public or private telecommunications networks, failure or negligence of any third party supplier, or failure of any equipment, vehicles (including aircraft) or machinery.
  • 8.3 If an Event Outside Our Control takes place that affects our provision of Services and/or the performance of our obligations under these Terms:
    • (a) we will contact you as soon as reasonably possible to notify you; and
    • (b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
  • 8.4 You or we may cancel the contract for the provision of Services if an Event Outside Our Control continues for longer than three (3) months. In these circumstances, we will refund all monies paid by you less any third party costs that we have incurred and that cannot be refunded to us.
  • 9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
  • 9.1 As a consumer, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
  • 9.2 You have the following rights to cancel an Order for Services:
    • (a) As your contract with us will be concluded at a distance, the Consumer Protection (Distance Selling) Regulations 2000 will apply. You may cancel your Order for Services at any time within 7 working days beginning the day after we have confirmed acceptance of your Order (the "Cooling-off Period") unless you wish to book a Scattering Date that falls within 30 days of entering into our contract with you. In these circumstances, by submitting your Order to us in these special circumstances you are consenting to us commencing to provide services (including liaising with you and making firm arrangements with third parties) prior to the end of the Cooling-off Period and accordingly you will not have a right to cancel your contract under this clause.
    • (b) You may cancel any Order for Services at any time before 30 days prior to the Scattering Date by contacting us.
    • (c) If you cancel an Order under clause 9.2(a) or clause 9.2(b) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
    • (d) If you wish to cancel your Order fewer than 30 days prior to the Scattering Date, please note that we reserve the right to charge any costs we have suffered or incurred resulting from such cancellation to you if these are unrecoverable. If you cancel fewer than 7 days prior to the Scattering Date, in addition, we will charge a 20% cancellation fee by way of compensation for additional costs that we will have incurred and time that we will have spent making the arrangements to perform the Services.
    • (e) You may cancel your Order for Services at any time if: (i) we breach our contract with you in any material way and we do not correct or fix the situation within a reasonable period; (ii) if we go into liquidation or a receiver or an administrator is appointed over our assets; or (iii) if we change these Terms under clause 3.1 to your material disadvantage.
  • 10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
  • 10.1 If we have to cancel an Order for Services before the Scattering Date:
    • (a) we may have to cancel an Order before the Scattering Date, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
    • (b) If we have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, then (at your option) we will rearrange the Scattering Date or refund these amounts to you.
    • (c) Where we have already started work on your Order for Services by the time we have to cancel under clause 10.1(a), we will not charge you anything and you will not have to make any payment to us.
  • 10.2 We may cancel your Order for Services at any time with immediate effect by giving you written notice if:
    • (a) you do not pay us when you are supposed to as set out in clause 6.2. This does not affect our right to charge you interest under clause 6.3 or
    • (b) you break the contract in any other material way and you do not correct or fix the situation within a reasonable period.
  • 11. HOW TO CONTACT US
  • 11.1 If you have any questions or if you have any complaints, please contact us using the contact details at the bottom of this document.
  • 11.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by emailto the address given at the bottom of this document. If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address you provide to us in your Order.
  • 12. HOW WE MAY USE YOUR PERSONAL INFORMATION
  • 12.1 We will use the personal information you provide to us in accordance with our privacy policy, which is available on our website. We will only use your personal information to:
    • (a) provide the Services;
    • (b) process your payment for such Services; and
    • (c) respond to queries and questions that you may have from time to time.
  • 12.2 You agree that we may pass your personal information to third parties involved in the provision of the Services and that such third parties may keep a record of such personal information. We will not give your personal data to any other third party.
  • 13. OTHER IMPORTANT TERMS
  • 13.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
  • 13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  • 13.3 The contract will be formed between you and us. No other person shall have any rights to enforce any of its terms, unless you are contracting with us for the scattering of your own ashes, in which case your heirs may benefit from (and enforce) your contract with us.
  • 13.4 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.
  • 13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • 13.6 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.