general terms and conditions

General terms and conditions funeraltoys
E-mail: info@funeraltoys.com
Website: www.funeraltoys.com
Definitions
1. funeraltoys: Funeral & Funeral Specialist, established in Castricum under Chamber of Commerce no. 64398900.
2. Customer: the person with whom funeraltoys has entered into an agreement.
3. Parties: funeraltoys and customer together.
4. Consumer: a customer who is also an individual and acts as a private person.
 Applicability of General Terms and Conditions
1. These terms and conditions are applicable to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of funeraltoys.
2. Parties may only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
3. Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Prices
1. All prices quoted by Funeraltoys are in Euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
2. All prices used by funeraltoys for its services and products, on its website or made known in any other way, may be changed by funeraltoys at any time.
3. Parties agree on a total amount for services provided by funeraltoys as a guide price, unless parties have explicitly agreed on a fixed price in writing, from which no deviation can be made.
Funeraltoys shall be entitled to deviate from the recommended price by up to 10%.
5. Should the guide price be more than 10% higher, Funeraltoys shall inform the Customer in good time as to why a higher price is justified.
6. Should the guide price be more than 10% higher, the customer is entitled to cancel the part of the order that exceeds the guide price increased by 10%.
Funeraltoys shall be entitled to adjust its prices annually.
8. Funeraltoys shall notify the customer of any price adjustments prior to their commencement.
9. The consumer shall be entitled to terminate the agreement with funeraltoys should he not agree to the price increase.
Payments and term of payment
Funeraltoys may demand a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must have made payment within 14 days of delivery.
3. Payment terms are regarded as deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, he will be in default by operation of law, without funeraltoys having to send the customer a reminder or give him notice of default.
Funeraltoys reserves the right to make delivery conditional upon immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
1. If the customer fails to pay within the agreed period, Funeraltoys shall be entitled to charge statutory interest of 2% per month for non-business transactions and statutory interest of 8% per month for business transactions from the day the customer is in default, whereby part of a month shall be counted as a whole month.
2. Should the customer be in default, he shall also owe Funeraltoys extrajudicial collection costs and any damages.
3. The collection costs shall be calculated in accordance with the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
4. Should the Customer fail to pay on time, Funeraltoys may suspend its obligations until the Customer has met its payment obligations.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, funeraltoys’ claims against the Customer shall be immediately due and payable.
6. Should the customer refuse to cooperate in the performance of the agreement by funeraltoys, he shall still be obligated to pay funeraltoys the agreed upon price.
Right of complaint
1. As soon as the customer is in default, funeraltoys shall be entitled to invoke the right of complaint with respect to the products delivered to the customer which have not been paid for.
Funeraltoys shall invoke the right of complaint by means of a written or electronic notification.
3. As soon as the customer has been notified of the invoked right of complaint, the customer shall immediately return the products to which the right of complaint applies to funeraltoys, unless the parties agree otherwise.
4. The costs of returning or transporting the products shall be borne by the customer.
Right of withdrawal
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
– the product has not been used
– it is not a product that spoils quickly, such as food or flowers
– it is not a product that has been customised or altered especially for the consumer
– it is not a product that cannot be returned for hygienic reasons (underwear, bathing suits, etc.)
– the seal is still intact if it is a data carrier with digital content (DVDs, CDs, etc.)
– the product or service is not accommodation, travel, catering, transport or a leisure activity
– The product is not a separate magazine or newspaper
– it does not concern an (order for) emergency repair
– it does not concern betting and/or lotteries
– the consumer has not waived his right of withdrawal
– it does not concern a service which, with the consent of the customer, will be completely executed within the 14 calendar day cooling-off period and where the customer has explicitly declared to waive the right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 shall commence
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has concluded the contract for the provision of services
o as soon as the consumer has confirmed that he will purchase digital content via the Internet
3. The consumer can make his appeal to the right of withdrawal known via info@funeraltoys.com, if desired by using the withdrawal form that can be downloaded from the website of funeraltoys, www.funeraltoys.com.
4. The consumer shall be obliged to return the product to funeraltoys within 14 days of having given notice of his right of withdrawal, failing which his right of withdrawal shall lapse.
Reimbursement of delivery costs
1. In the event that the consumer has exercised his right of withdrawal in a timely manner and, as a result, has returned the complete order to funeraltoys in a timely manner, then funeraltoys will refund any delivery costs paid by the consumer within 14 days of receipt of the timely and complete returned order.
2. Funeraltoys will only be liable for the costs of delivery insofar as the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs of returning the complete order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
Right of retention
1. Funeraltoys may invoke its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding invoices to funeraltoys, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the grounds of earlier agreements from which the customer still owes payments to funeraltoys.
Funeraltoys shall never be liable for any damage the customer may suffer as a result of exercising his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to funeraltoys against a claim against funeraltoys.
Retention of title
1. Funeraltoys retains title to all products delivered until the customer has fully met all payment obligations towards funeraltoys on the basis of whatever agreement concluded with funeraltoys, including any claims regarding failure to perform.
2. Until that time, funeraltoys may invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. In the event Funeraltoys invokes its retention of title, the agreement shall be deemed dissolved and Funeraltoys shall be entitled to claim damages, loss of profits and interest.
Delivery
1. Delivery takes place as long as stocks last.
2. Delivery will be made to funeraltoys, unless parties have agreed otherwise.
3. Delivery of products ordered online will be made to the address provided by the customer.
4. Should the agreed amounts not be paid or not be paid on time, funeraltoys shall be entitled to suspend its obligations until the agreed portion has been paid.
5. Late payment shall constitute default on the part of the creditor, with the result that the customer shall not be able to hold funeraltoys liable for late delivery.
Delivery time
1. The delivery times stated by Funeraltoys are indicative and, if exceeded, do not entitle the Customer to dissolution or damages, unless parties have explicitly agreed otherwise in writing.
2. The delivery time commences at the moment that the customer has completed the (electronic) ordering process and has received an (electronic) confirmation thereof from funeraltoys.
3. Exceeding the stated delivery time does not entitle the customer to compensation, nor does it entitle the customer to dissolve the agreement, unless funeraltoys is unable to deliver within 14 days after being requested to do so in writing, or the parties have agreed otherwise.
Actual delivery
The customer shall ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise.
Packaging and dispatch
1. Should the packaging of a delivered product be opened or damaged, then the customer should, prior to accepting the product, have the forwarding agent or delivery person make a note of this, failing which funeraltoys cannot be held liable for any damage.
2. In the event that the Customer is responsible for transporting the product, the Customer must report any visible damage to the product or the packaging to Funeraltoys prior to transport, failing which Funeraltoys cannot be held liable for any damage.
Insurance
1. The Customer undertakes to adequately insure the following and to keep them insured against, amongst other things, fire, explosion and water damage, as well as theft:
o delivered goods that are necessary for the execution of the underlying agreement
o Funeraltoys’ goods present at the customer’s premises
o goods delivered under retention of title
2. Upon funeraltoys’ first request, the customer shall submit the policy of these insurances for inspection.
Storage
1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of a possible loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late acceptance of products shall be borne entirely by the customer.
Warranty
1. If the parties have entered into an agreement for services, Funeraltoys only has an obligation to perform to the best of its ability and is not obliged to achieve a certain result.
2. The guarantee on products applies exclusively to defects caused by faulty manufacturing, construction or materials.
3. The warranty does not apply in the case of normal wear and tear and in the case of damage caused by accidents, modifications made to the product, negligence or inexpert use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment that they are legally and/or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.
Execution of the agreement
Funeraltoys shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
Funeraltoys shall be entitled to have the agreed service(s) carried out (in part) by third parties.
3. The agreement shall be executed in mutual consultation and after written approval and payment of any agreed upon advance by the customer.
4. It is the customer’s responsibility to ensure that Funeraltoys can commence execution of the agreement in a timely manner.
5. In the event that the customer has not ensured that funeraltoys can commence performance of the agreement in a timely manner, any ensuing additional costs and/or additional hours shall be borne by the customer.
Provision of information by the Customer
1. The customer shall make all information, data and documents that are relevant for the correct execution of the agreement available to funeraltoys in a timely manner and in the desired form and manner.
2. The Customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these come from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer so requests, funeraltoys shall return the documents in question.
4. Should the customer fail to provide information, data or documents reasonably required by funeraltoys, or fail to do so properly or in a timely manner, and the performance of the agreement is delayed as a result, the resulting additional costs and hours will be charged to the customer.
Indemnification
The customer indemnifies funeraltoys against any third party claims related to the products and/or services supplied by funeraltoys.
Complaints
1. The customer should inspect a product delivered or service rendered by funeraltoys for any shortcomings as soon as possible.
2. Should a product delivered or service rendered fail to meet the expectations that the Customer may reasonably have under the agreement, the Customer shall notify Funeraltoys thereof as soon as possible, but in any case within 1 month after discovery of the defects.
3. Consumers must notify Funeraltoys within 2 months of the discovery of defects.
4. The Customer shall provide as detailed a description as possible of the shortcoming, so that Funeraltoys is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. Should a complaint relate to work in progress, this shall in any event not lead to Funeraltoys being obliged to perform work other than that agreed.
Notice of default
1. The customer must notify funeraltoys in writing of any notice of default.
2. It is the customer’s responsibility to ensure that a notice of default actually reaches funeraltoys (in a timely manner).
Joint and several liability of the customer
In the event funeraltoys enters into an agreement with more than one customer, each of them shall be severally liable for the full amounts owed to funeraltoys pursuant to the agreement.
Liability of funeraltoys
Funeraltoys shall only be liable for any damage incurred by the customer if and insofar as such damage is caused by intent or gross negligence.
2. Should funeraltoys be liable for any damage, it shall only be liable for direct damage arising from or in connection with the performance of an agreement.
Funeraltoys shall never be liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
4. Should funeraltoys be liable, then this liability shall be limited to the amount paid out by a (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of the damage, the liability shall be limited to the (portion of the) invoice amount to which the liability pertains.
5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation of damage and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Any right of the customer to claim compensation from Funeraltoys shall in any case lapse 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right of rescission
1. Customer shall be entitled to rescind the agreement in the event that Funeraltoys fails imputably in the fulfilment of its obligations, unless such failure does not justify rescission due to its special nature or minor importance.
2. Should funeraltoys not be able to permanently or temporarily fulfil its obligations, rescission may only take place after funeraltoys has been in default.
Funeraltoys shall be authorised to dissolve the agreement with the customer, in the event that the customer fails to meet his obligations arising from the agreement in full or in a timely manner, or if funeraltoys becomes aware of circumstances giving it good reason to fear that the customer will not be able to meet his obligations properly.
Force Majeure
1. In addition to the provisions in article 6:75 of the Dutch Civil Code, funeraltoys cannot be held accountable for any failure in the fulfillment of any obligations towards the customer in a situation that is beyond the control of funeraltoys, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required from funeraltoys.
2. The force majeure situation as referred to in paragraph 1 shall also include – but not be limited to -: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
3. Should a force majeure situation arise as a result of which funeraltoys is unable to meet one or more obligations towards the customer, then these obligations shall be suspended until funeraltoys is once again able to meet them.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing either wholly or partially.
Funeraltoys shall not be liable for any compensation or damages whatsoever in the event of force majeure, even if it gains any advantage as a result of the force majeure situation.
Amendment to the agreement
1. Should it appear necessary to amend or supplement the contents of the agreement after it has been concluded, the parties shall amend the agreement accordingly in good time and in mutual consultation.
2. The preceding paragraph shall not apply to products purchased in a physical shop.
Amendment of general terms and conditions
Funeraltoys shall be entitled to amend or supplement these general terms and conditions.
2. Amendments of minor importance may be made at any time.
3. Funeraltoys will discuss major changes in content with the customer in advance, as much as possible.
4. Consumers are entitled to terminate the contract in the event of a substantial change to the General Terms and Conditions.
Transfer of Rights
1. Customer’s rights arising from an agreement between parties may not be transferred to third parties without the prior written consent of funeraltoys.
2. This provision shall be deemed to be a clause having effect under property law as referred to in Article 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
1. Should one or more provisions of these General Terms and Conditions prove to be void or voidable, this shall not affect the other provisions of these General Terms and Conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what funeraltoys had in mind when drawing up the terms and conditions on that point.
Applicable law and competent court
1. Any agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where funeraltoys has its registered office / practice / office is exclusively competent to take cognisance of any disputes between parties, unless the law imperatively dictates otherwise.
Drawn up on 15 December 2021.