TERMS & CONDITIONS
Terms & conditions
The following regulations apply to everyone who uses or visits this site and are in place to enable managers of Primrose Wood Natural Burial Ground to create and maintain a peaceful, respectful space alongside wildlife and a developing native broadleaved woodland. The site is intended to be woodland, effectively a nature reserve, in perpetuity.
Exclusive Rights of Burial
To be buried at Primrose Wood Natural Burial Ground (PWNBG) you will need to buy your Exclusive Right of Burial which effectively means your right to have your remains interred within an agreed area of PWNBG for a minimum of 25 years from the date of purchase (see clause 12). It does not give you any legal ownership of or right to the land and is personal to you and cannot be sold, transferred or shared. Once you have paid for your Exclusive Right of Burial in full, you will be issued with a Certificate.
1. Purchase: By agreeing to purchase an Exclusive Right to Burial you are agreeing to these terms. To purchase your Exclusive Right of Burial, we ask you to complete an Application Form.
2. Certificate: Once you have paid the price of your Exclusive Right of Burial in full, PWNBG will issue you with the Certificate. If you lose or destroy the Certificate you must notify us immediately in writing and we will issue you with a duplicate.
3. The purchase of the Exclusive Right of Burial is for the right of burial in the plot or area. It does not confer ownership of the plot.
4. Amendments: We may, at our absolute discretion, agree to variations to the Exclusive Right of Burial that you request in writing. Please note that we are entitled to charge for any such variations and that they will not be binding upon us unless we have confirmed our agreement to them. You must send any Certificate you have received to us (or any duplicate Certificate) when you make such a request.
We may at our absolute discretion agree to a written request by you to purchase an alternative arrangement in place of the Exclusive Right of Burial (such as a change in the general area of the site or a change in the type of Plot you have selected). Such agreement will be subject to such additional Terms (including without limitation, Terms relating to payment) as we reasonably require. You must send any Certificate you have received to us (or any duplicate Certificate) when you make such a request.
5. Choosing a grave plot and availability: A pre-purchase of the Exclusive Right of Burial may specify an agreed preferred area that a single or double grave plot will be sited in, but never an exact grave plot. If purchased at the time of need, the Exclusive Right to Burial may specify a grave plot.
6. For advance ‘pre-purchase’ of Exclusive Right of Burial: The passage of time and/or changes in circumstances, such as difficult weather and ground conditions, may unavoidably affect the availability of certain arrangements, such as the preferred burial area. If this happens, it may be necessary for us to provide reasonable alternative locations. In the event that you or your Representatives do not agree to such alternative arrangements, then we will cancel the Exclusive Right of Burial and will return all monies you have paid to us within 28 days of notification of cancellation, following which we will have no further obligation to provide the Exclusive Right of Burial.
Cancellation and Refunds
7. If you wish to cancel your Exclusive Right of Burial within three months of the date of purchase, you must give us written notice and (where a Certificate has been issued) you must also send this Certificate (and/or any duplicate) to us. We will not be able to refund any monies to you unless we receive your Certificate. All monies that we have received from you in payment for the Exclusive Rights of Burial will then be repaid to you, less the cancellation/admin fee applicable at the time of cancellation.
8. After this period, you may cancel your Exclusive Right of Burial, only under exceptional circumstances and at our discretion. In this instance the same terms apply as in 7 above.
9. The Exclusive Right of Burial cannot be cancelled after the death of the person(s) named as the holder of the Exclusive Right of Burial. No monies under these circumstances will be refunded. It is therefore important that your relatives/representatives are made aware your arrangements.
10. If we are unable to provide the burial plot(s) or carry out the burial due to circumstances outside our control, including changes in legislation, regulation or official requirements, unsuitable ground conditions, flooding, fire, or any other circumstances which mean that the burial can no longer lawfully or reasonably take place at PWNBG, we reserve the right to cancel the Exclusive Right of Burial and repay all monies you have paid to us to you or your Representatives. Following repayment, we will have no further obligation to provide the Exclusive Right of Burial.
11. Transfer of Burial Rights: Exclusive Right of Burial to specific plots cannot be sold or transferred.
12. Unclaimed Rights of Burial: If the Exclusive Right of Burial is unclaimed after a period of 25 years from the date of purchase, then we will write to you at your last known address to establish that it is still your intention to claim the Exclusive Right of Burial. If we do not hear from you within six months of the letter, then we shall be entitled to consider that you have chosen not to claim the Exclusive Right of Burial and we may, at our discretion cancel the Exclusive Right of Burial and retain the monies.
13. The Exclusive Right of Burial and any rights already purchased under these Terms and Conditions will not be affected by subsequent changes to these Terms and Conditions. However, site rules, operational requirements and procedures may be amended from time to time to reflect changes in the management or operation of the Burial Ground, and you and your Representatives must comply with any such reasonable changes. You and your Representatives must also comply with any applicable changes in legislation, regulations or official requirements relating to the Burial Ground or the burial of human remains.
Burials
14. Provision of the Right of Burial: The Exclusive Right of Burial will only be granted once the full purchase price has been received by PWNBG. Before the burial, the relevant Representatives must supply:
I. the Certificate for Burial or Cremation relating to the deceased, or any other documentation required by law and
II. the Certificate of Exclusive Right of Burial (or a certified duplicate Certificate) to us (at the address stated on the Certificate), as proof of payment and
III. Burial Fee before the burial takes place. This is the fee charged at the time of the funeral for funeral administration, mapping the grave location, preparing the grave, certifying the burial and entering details into the statutory Register
15. For the avoidance of doubt PWNBG is under no obligation to give any refund should you or your Representatives after death (executors, trustees, personal representatives or other representatives who are lawfully appointed and authorised to act on your behalf or the Grantee’s behalf if appropriate) decide not to receive Burial Rights to which you are entitled.
16. Cremated remains will require a Certificate of Cremation from an approved crematorium prior to interment.
17. For logistical reasons, PWNBG will allocate the burial plots but the wishes of the applicant will be considered wherever possible. For those pre-purchasing plots, we can only allocate general areas and these may be subject to change – see 5 and 6 above.
18. Subject to availability, burials take place Tuesdays-Thursdays. We may, by exception, agree to burials on Mondays or Fridays. We are unable to have burials over weekends or Bank Holidays.
19. Bodies that have been embalmed or treated with formaldehyde are not permitted to be buried at PWNBG, except in exceptional circumstances, such as repatriation from abroad, and only with the express permission of PWNBG. Where the deceased had a notifiable disease or other condition that may present a public health risk, burial will only take place when permitted by law and any required approval or advice from the relevant authority has been obtained.
20. The coffin, shroud or urn: Only coffins, shrouds, urns and their linings made from natural, biodegradable materials and approved by PWNBG may be used. The proposed coffin, shroud or urn must be specified on the Notice of Interment Form and approved by PWNBG before the funeral. MDF, veneered chipboard and tropical hardwood coffins are not permitted.
21. Anything placed in the coffin, other than a wedding ring, must be biodegradable, including clothing.
22. Grave digging will be arranged by PWNBG and only persons appointed by PWNBG are permitted to excavate within the burial ground. Purchase of the Exclusive Right of Burial will not cover any mandatory grave Burial Fee.
23. In the event of graves becoming sunken over time, it may be necessary to top up the ground with excess soil. PWNBG reserves the right to undertake this maintenance.
24. We reserve the right to exclude anyone from the premises who is found to be disruptive or disrespectful.
25. Any non-native floral tributes following a burial will be removed seven days after the burial or earlier if appropriate.
26. If a large funeral is anticipated or unusual transport anticipated PWNBG should be notified and appropriate arrangements can be made.
Memorial items
We ask that those organising the funeral make these rules well known to all mourners and subsequent visitors. PWNBG is trying to create a wild, natural woodland without lots of man-made memorial items.
27. Only fresh, native flowers may be left at the burial site by visitors. If in doubt please ask PWNBG. No containers or floral foam, are permitted. PWNBG will remove any non-native flowers once a week.
28. No headstones/gravestones are permitted on the site. This includes, but is not limited to: headstones made from granite, marble, limestone or slate. Wooden memorial stakes will be provided through PWNBG and are included in the Burial Fee. Limited length inscriptions (name, date of birth and date of death, and short inscription) need to be requested on your Interment Form so that we can get them carved, but will be installed soon after burial when they are ready. Engraved wooden stakes will last for the lifespan of the post and replacement of these wooden posts can be arranged through PWNBG, subject to an additional fee.
29. Plaques on memorial benches can be purchased on a minimum fixed term as set out in our list of fees. After this term it will be necessary to renew the payment to ensure continuation of the memorial plaque (although they may well remain in situ for longer). A reminder will be sent, to the contact details PWNBG has on file, three months before the end of the term.
30. Any other memorials of any kind will be removed without notice whether religious or not. No marker, monument, fence, or other construction is permitted. No plastic flowers, vase, toys, bird/mammal boxes, wind charms, lanterns, or other man-made decorative items/fixings etc are permitted. All inappropriate items will be removed from all graves. Sky lanterns or other similar airborne items are prohibited.
Visiting access and site rules
31. All visitors to PWNBG must comply with the Site Rules in force at the time of their visit. The Site Rules are separate from these Terms and Conditions and may be amended from time to time to reflect changes to the operation, management, safety or environmental requirements of the Burial Ground. The current Site Rules will be available on the PWNBG website and/or displayed at the Burial Ground.
32. We ask that all mourners and visitors treat the burial ground with care and respect to ensure it is a place for respectful burial, peace and quiet reflection for all.
Exhumation
33. Exhumation: Human remains may not be removed from PWNBG without the appropriate legal authorisation. The Exclusive Right of Burial does not confer any right to exhume or remove remains. Where an exhumation is required or requested, the necessary licence or other legal authorisation must be obtained in accordance with applicable law. Further information and application forms are available from GOV.UK.
Charges
34. Our current fees are published on our website and may be amended annually to reflect changes in our costs, taxation, regulation or legislation. Any changes to our fees will apply to future purchases and services and will not affect fees that have already been paid in full.
Liability for damage or loss
35. Mourners and visitors enter PWNBG at their own risk and are responsible for taking reasonable care of themselves and their belongings.
As a developing woodland and natural burial ground, the site may have uneven, slippery or wet ground, branches, roots and other natural or temporary hazards. Visitors should take appropriate care and wear suitable clothing and footwear, particularly walking or wellington boots. Burials may take place throughout the year and facilities and shelter on site may be limited.
PWNBG will not be responsible for loss of or damage to personal belongings or vehicles, except when caused by the negligence or wilful act of PWNBG or its staff, or where liability cannot legally be excluded or limited.
Visitors are responsible for taking reasonable care and following the Site Rules and any reasonable instructions given by PWNBG.
Compliance with law, codes of practice
36. You and your Representatives must comply with all applicable laws and regulations and with the Site Rules and any reasonable instructions given by PWNBG while on the site.
37. You and your Representatives shall be responsible for all persons present at PWNBG with your consent (including children and dogs) and shall ensure that at all times they behave in a suitable and appropriate manner and shall be suitably supervised.
Data protection & Privacy policy
38. GF Hawkins Ltd, as operator of Primrose Wood Natural Burial Ground, will collect and process personal information where necessary to administer the burial ground, manage Exclusive Rights of Burial, maintain burial records, communicate with you, comply with legal obligations and operate site security, including CCTV. Personal information will be processed securely and in accordance with the UK GDPR, the Data Protection Act 2018 and other applicable data protection legislation. Information will only be shared where necessary, legally required or where there is a lawful basis to do so.
39. GF Hawkins Ltd is committed to protecting and respecting your privacy. You may contact us to request access to, or correction of, personal information we hold about you, or to ask any questions about how your information is used.
Waiver
40. The failure of either party at any time to enforce any of the Terms, provisions or conditions of the agreement, or to exercise any right under it, shall not constitute a waiver or affect that party’s rights thereafter.
General
41. These Terms and Conditions, together with the payment and your Application Form, constitute the agreement between us and you regarding the Exclusive Rights of Burial to which they refer. They do not affect your statutory rights.
42. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This shall not affect any right or remedy of any person arising otherwise than under that Act. If any part of the agreement proves ineffective the remainder shall not be prejudiced. This agreement shall be governed by English Law.
43. There is no interest payable to you in respect of the Price or of the monies used to purchase your Exclusive Rights of Burial whether fully paid, cancelled or redeemed.
Indemnity
44. You and your Representatives shall be responsible for any reasonable loss, damage or costs directly resulting from a breach of these Terms. You agree to reimburse PWNBG for such loss, damage or costs, except where liability cannot legally be excluded or limited.
Complaints Procedure
45. If you have any complaint in relation to your Exclusive Rights of Burial or payment, please write to us at the address as stated at the end of this document. We will acknowledge your complaint within 10 working days of receiving it and then endeavour to resolve the complaint within a further 28 days.
Address for correspondence
Primrose Wood Natural Burial Ground, c/o The Hall, Milden, Sudbury, CO10 9NY.
Telephone: 01787 247235 – if for any reason, such as digitisation of telephone network, this phone number becomes unavailable, always check our website for up-to-date contact details.
Email: info@primrosewoodnaturalburial.co.uk
https://www.primrosewoodnaturalburial.co.uk/
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