You have 30 days from the date you receive the Agreement to decide that the arrangements you have made meet your requirements and that you do not wish to cancel the Plan. If you do decide to cancel the Plan, you must:
• notify us by completing and returning the cancellation form entitled “Notice of the Right to Cancel” which will be included with the documents that make up your Agreement or
• otherwise notify us in writing, by telephone or by email;
Post: Distinct Funeral Plans Limited, Oak Tree Court, Brookfield Drive, Cannock, Staffordshire WS11 0JN
Telephone: 0800 0472026
Any notification of cancellation should specify all of the following details: (i) the Plan number; (ii) the full name and address of the Covered Individual (iii) the Covered Individual’s date of birth; and (iv) a telephone number and/or email address for contact purposes should there be any issue with the cancellation. There will be additional security questions where the Plan is cancelled by telephone or by e-mail.
Provided we receive such notification within 30 days of receipt of the Agreement, we will refund all the money you have paid within 14 days of us receiving notification of cancellation.
If you wish to cancel the Plan at any time after the stated 30 day Cancellation Period, we will refund all money you have paid, less a cancellation fee of £95, within 14 days of us receiving such notification of cancellation. In the event that the Plan is not used and cancellation is requested after the death of the Covered Individual we may require additional information from the person cancelling the Plan before we can complete the cancellation.
Any refund will be made to the person who originally paid for the Plan or to the Planholder’s estate.
We may cancel the Plan by giving notice to you if:
• an instalment remains unpaid more than 60 days after it is due;
• a funeral director is appointed independently by you who is not part of our approved network
• the funeral is to be conducted outside mainland Great Britain; or
• the funeral cannot be performed because of circumstances outside our control (for example war, terrorism, riot or the occurrence of a pandemic or epidemic).
If we cancel the Plan, we will refund any money you have paid, less the £95 cancellation fee, and we will have no further obligations to provide the services set out in the Plan.
We may make any changes we deem reasonably necessary to the services that are provided under the Plan (including reducing or removing any part of the services or making any other alteration in the type of services provided), as a result of circumstances arising which are outside our control or outside the control of the Funeral Personnel (for example war, terrorism, riot or the occurrence of a pandemic or epidemic). To the extent that we make any such changes so that the services provided under the Plan are of reduced quality or capacity to the original services that would have been provided, we may (at our discretion) adjust the price of the Plan by an equitable amount, and in such case, we will refund any such amount that you have already paid. Any refund will be made to the person who originally paid for the Plan or to the Planholder’s estate.
If the Personal Representative(s) do not agree to the alternative arrangements, we may cancel the Plan and refund to the Planholder’s estate any monies paid to date (taking into account any refund due), less a £95 cancellation fee.
Distinct may in its sole discretion agree to waive the cancellation fee in certain circumstances, for example where the alternative arrangements are materially different to the services that would otherwise have been provided under the Plan.
The Plan is designed to cover funeral costs and is not an investment product, and we will not pay interest on money refunded.
Value Added Tax (“VAT”)
VAT is not currently charged on a funeral service. However, if VAT or any other form of tax becomes chargeable on a funeral service or part of it in the future, you or your Personal Representative must pay the VAT or additional tax at the time of the funeral.
Once we have confirmed your Application for the Plan, the following documents all make up the Agreement:
• your Application
• the Funeral Plan Schedule
• the Key Features Summary
• these Terms and Conditions
Please keep these documents in a safe place for the attention of the Personal Representative. You are advised to discuss your funeral arrangements with the person who will be the Personal Representative.
These documents together make up the Agreement concerning the Covered Individual’s funeral arrangements. Anything which is not documented in writing in the Agreement will not be effective. If there is any ambiguity between the documents, the terms set out in these Terms and Conditions take precedence over the others. English law shall apply to this Agreement. If anything in this Agreement is invalid or unenforceable, then this Agreement will be interpreted as if that part were modified or deleted to make it valid and enforceable, and the rest shall remain in force.
If we fail to exercise or delay in enforcing our rights (such as our right to cancel the Plan in the event of unpaid instalments), such failure or delay will not restrict our rights to do so, and a waiver of any such rights or of any breach of any term will not be deemed to be a waiver of any other right or any later breach.
You may propose a change to the Plan, but no change will take effect unless it is agreed in writing by us. If you wish to change the type of plan then this will take effect through a new Agreement for a new plan. Please use the contact details set out in the “How to Contact Us” section in these circumstances.
The Agreement is personal to you and may not be assigned (transferred) or made the subject of any trust, mortgage or charge given as security for any obligation to any third party. Only you or the Personal Representative is entitled to claim the rights or benefits set out in the Agreement. The Funeral Personnel may also claim the rights or benefits set out in the Agreement. Otherwise, no other person (including the Planholder) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any other rights these people may have. These Terms and Conditions apply to all Plans entered into from 01/08/2021.