Terms & Conditions
Last Updated: 10 June 2026
DEFINITIONS
In these Terms and Conditions:
“Earthbound”, “we”, “us”, and “our” means Earthbound Memorials Ltd.
“Customer” means the individual placing an order with Earthbound.
“Memorial” means any memorial tree, planter, memorial vessel, engraved item, keepsake, digital memorial page, or associated service supplied by Earthbound.
“Cremated Remains” means the ashes provided to Earthbound by or on behalf of the Customer.
“Digital Memorial Page” means the online memorial page provided by Earthbound.
“Services” means the collection, handling, preparation, planting, delivery, memorial page provision, and any associated services provided by Earthbound.
“Order” means a request placed by the Customer for the provision of Services.
ABOUT EARTHBOUND
Earthbound Memorials Ltd is a company incorporated in England and Wales under company number 16406449.
Earthbound provides living memorial products and associated services incorporating cremated remains.
Our contact details are:
Earthbound Memorials Ltd
[email protected]
Additional contact information may be published on our website from time to time.
FORMATION OF CONTRACT
3.1 An Order constitutes an offer by the Customer to purchase Services from Earthbound.
3.2 A contract is formed when Earthbound accepts the Order and payment has been received.
3.3 Earthbound reserves the right to decline any Order where it is unable to provide the requested Services.
ORDERS AND PAYMENT
4.1 All prices are stated in pounds sterling (£).
4.2 Payment must be made in full before Earthbound commences the provision of Services unless otherwise agreed in writing.
4.3 Earthbound reserves the right to amend pricing at any time prior to an Order being confirmed.
4.4 Any additional services requested after confirmation may incur additional charges.
CREMATED REMAINS AND CUSTOMER AUTHORITY
5.1 The Customer warrants that they have the legal authority and permission necessary to provide Cremated Remains to Earthbound.
5.2 The Customer is responsible for ensuring that all information provided regarding the Cremated Remains is accurate and complete.
5.3 Earthbound accepts instructions in good faith and shall not be responsible for disputes arising between family members, executors, beneficiaries, or any other parties regarding authority over Cremated Remains.
5.4 Earthbound reserves the right to suspend Services where a dispute concerning authority or ownership of Cremated Remains becomes known to us.
COLLECTION AND TRANSPORT
6.1 Cremated Remains may be collected directly by Earthbound, delivered to Earthbound by the Customer, or transported using a third-party postal or courier service, depending on the service selected.
6.2 Where Earthbound physically collects Cremated Remains, we will take reasonable steps to ensure their secure identification, handling, storage, and transportation while in our care.
6.3 Where Cremated Remains are transported by a third-party postal operator, courier, funeral director, crematorium, or other third party, responsibility for the Cremated Remains shall remain with that organisation during transit and Earthbound shall not be liable for loss, delay, damage, or misidentification occurring whilst the Cremated Remains are in their possession.
6.4 The Customer acknowledges that Earthbound relies upon information supplied by third parties, including funeral directors, crematoria, couriers, and postal operators, and shall not be responsible for inaccuracies originating from those parties.
MEMORIAL PREPARATION
7.1 Cremated Remains shall be incorporated into the Memorial in accordance with the service selected by the Customer.
7.2 Earthbound reserves the right to determine the appropriate horticultural methods used in the preparation of each Memorial.
7.3 The Customer acknowledges that the appearance, size, and development of the Memorial may vary from photographs, illustrations, or examples shown on the website.
7.4 Certain components of the Memorial may be handmade, natural, or individually prepared and may therefore vary slightly in appearance.
LIVING PLANTS
8.1 Memorial trees and plants are living organisms and are subject to natural variation.
8.2 Earthbound cannot guarantee future growth rates, appearance, flowering, fruiting, longevity, or survival following delivery.
8.3 Responsibility for the ongoing care and maintenance of the Memorial passes to the Customer upon delivery.
8.4 Care guidance supplied by Earthbound is provided for general assistance only and does not constitute a guarantee of plant performance.
DELIVERY
9.1 Delivery arrangements shall be determined by Earthbound according to the service selected and the delivery location provided by the Customer.
For memorials requiring personal delivery, proposed delivery arrangements will normally be discussed with the Customer prior to payment and confirmation of the Order.
For services involving postal or courier delivery, the Customer acknowledges that delivery methods, carriers, and delivery schedules may be determined by Earthbound.
Earthbound reserves the right to amend delivery arrangements where reasonably necessary to complete the Services safely and appropriately.
9.2 Delivery dates provided by Earthbound are estimates only.
9.3 Earthbound shall not be liable for delays caused by circumstances beyond our reasonable control.
9.4 Where delivery cannot be completed due to incorrect information, restricted access, recipient absence, or other circumstances attributable to the Customer, additional charges may apply.
9.5 Risk in the Memorial passes to the Customer upon delivery.
CANCELLATIONS AND REFUNDS
10.1 Due to the personalised nature of the Services and the involvement of Cremated Remains, cancellation rights are limited as set out in this section.
10.2 An Order may be cancelled by the Customer at any time before Cremated Remains have been collected by or delivered to Earthbound.
10.3 Earthbound reserves the right to deduct any reasonable costs already incurred on behalf of the Customer prior to cancellation, including but not limited to engraving, planter procurement, bespoke materials, delivery arrangements, or other personalised work requested by the Customer.
10.4 Once Cremated Remains have been collected by Earthbound or received into Earthbound’s care, the memorial preparation process shall be deemed to have commenced and the Order shall become non-cancellable and non-refundable.
10.5 Following delivery of the Memorial, no cancellation or refund shall be available except where required by law.
10.6 Nothing within these Terms affects the Customer’s statutory rights.
DIGITAL MEMORIAL PAGES
11.1 Earthbound may provide a Digital Memorial Page as part of the Services.
11.2 Earthbound reserves the right to modify, improve, replace, suspend, or discontinue features of the Digital Memorial Page at any time.
11.3 Access to the Digital Memorial Page may be subject to subscription fees, renewal fees, or maintenance charges as notified by Earthbound.
11.4 Earthbound will take reasonable steps to maintain the availability of the Digital Memorial Page but does not guarantee uninterrupted access.
11.5 Customers remain responsible for the content uploaded by themselves or invited users.
11.6 Earthbound reserves the right to remove content that is unlawful, abusive, defamatory, offensive, or otherwise inappropriate.
11.7 Earthbound may archive or remove inactive memorial pages where subscription fees are not maintained.
LIMITATION OF LIABILITY
12.1 Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
12.2 Subject to Clause 12.1, Earthbound’s total liability arising out of or in connection with the Services shall not exceed the total amount paid by the Customer for the relevant Order.
12.3 Earthbound shall not be liable for indirect or consequential loss, loss of opportunity, loss of enjoyment, loss of data, loss of profits, or any loss not reasonably foreseeable at the time the contract was formed.
12.4 Earthbound shall not be liable for loss arising from:
information supplied by third parties;
the actions or omissions of funeral directors, crematoria, postal operators, couriers, or other third parties;
environmental conditions affecting living plants;
customer care, maintenance, placement, watering, repotting, or treatment of the Memorial following delivery.
12.5 Earthbound shall not be responsible for delays resulting from circumstances beyond our reasonable control.
INTELLECTUAL PROPERTY
13.1 All intellectual property rights relating to the Earthbound website, branding, designs, content, photographs, illustrations, and marketing materials remain the property of Earthbound or its licensors.
13.2 Customers may not reproduce, distribute, modify, or commercially exploit any Earthbound materials without prior written consent.
PRIVACY AND DATA PROTECTION
14.1 Earthbound processes personal information in accordance with applicable data protection legislation.
14.2 Details regarding the collection, storage, and processing of personal information are set out within our Privacy Policy.
14.3 Customers are responsible for ensuring that any photographs, messages, or personal information uploaded to a Digital Memorial Page have been shared with appropriate permission.
FORCE MAJEURE
15.1 Earthbound shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond our reasonable control.
15.2 Such circumstances may include, but are not limited to, severe weather, flooding, fire, disease, plant availability issues, supplier shortages, manufacturing delays, shipping disruption, import or export restrictions, transport disruption, industrial disputes, utility failures, government action, armed conflict, sanctions, or other unforeseen events.
15.3 Where such circumstances arise, Earthbound shall be entitled to a reasonable extension of time to perform its obligations.
GOVERNING LAW
16.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
16.2 Any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
