Terms and conditions
§ 1 Scope of validity
1. These General Terms and Conditions (GTC) apply to all orders with our customers (“Client”) for the preparation and execution of a funeral (funeral contract) as well as agreement of the funeral provision (funeral contract at the later time of death).
2. Agreements made individually with the client in individual cases (ancillary agreements, supplements and amendments) shall take precedence over these General Terms and Conditions. For the content of such agreements, the text form or our written confirmation is decisive.
§ 2 Conclusion of contract
The funeral contract is concluded with the acceptance of the binding offer or the signing of the order by the client.
In the case of funeral contracts, we shall be bound by binding offer prices for 3 days. In the case of funeral provision contracts, the provisions of the funeral provision contract shall apply.
The client is obligated to pay all funeral costs to the funeral home, regardless of any inheritance.
The client assures not to be hindered by the right of death of a third party to give a funeral order.
The funeral home is entitled to commission third parties to fulfill the contractual services.
§ 3 Conclusion of contract outside our business premises
If the funeral contract is concluded outside the business premises of the funeral home (e.g. in a retirement home, hospital) or as a distance contract with the client, the following applies:
-Cancellation policy of an “off-premises contract”-.
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by mail, fax or e-mail) of your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already performed up to the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.
Waiver of revocation due to immediate execution of the contract
The client is aware that due to the circumstances at the time of the conclusion of the contract (placing of the order outside the business premises of the mortician) he is in principle entitled to the right of revocation described above, and this until 14 days after the conclusion of the contract. He is also aware that with his declaration he finally waives his right of withdrawal as soon as the mortician begins with the execution of the service. In this respect, the client expressly confirms in the funeral order that the contractor may immediately begin with the execution of the service and that he, the client, insofar finally waives his right of withdrawal.
– End of the cancellation policy –
§ 4 Subject of the service
The scope of services is based on the agreed services and the external services necessary for the execution of the funeral. Additional services ordered at a later date or services that are objectively necessary and in the interest of the client will be charged additionally; expenses will be passed on in the amount actually paid.
§ 5 Powers of attorney
1. the funeral home is authorized with the granting of the written order to provide the services mentioned in § 4 or to commission them. The power of attorney also includes the authority to make declarations to authorities (e.g. registry office), social insurance carriers, insurance companies or other third parties (e.g. church parish, florist, newspaper publisher) on behalf of the client or to receive declarations and documents. 2.
2. the funeral home can carry out the commissioning of a third party as an own or third party business for the client. In this respect, the client grants the funeral home corresponding authority by placing the order and expressly releases the funeral home from the restrictions of § 181 BGB with regard to the commissioning of third-party work.
§ 6 Prices
1. the prices of the funeral service are divided into two categories:
(a) Own supplies and services: These are goods sold by us and/or services provided by us. All prices stated are final prices including the respective statutory value added tax.
b) External services: Third-party services include all services that are not directly provided by us, but are procured by us on your behalf. These are all services that are provided by third parties. (e.g. medical death certificate, civil death certificates, coffin arrangements and wreaths, newspaper, funeral and thank-you announcements, crematorium and cemetery costs, organists and funeral orators, funeral coffee, etc.). All prices quoted by us in this regard are final prices including value-added tax.
The prices of external services are expressly stated by us without obligation. The prices at the time of the actual execution are decisive, especially in the case of expenses and fees, the amount of which is usually only determined after completion of the funeral service.
§ 7 Terms of payment
(1) Unless otherwise agreed, the claim for remuneration shall be due for payment immediately and without deduction upon receipt of the invoice by the client. Payment shall be made to the account specified in the order or invoice. Decisive for the timeliness of the receipt of payment is the account credit.
The funeral home is entitled to demand advance payments up to the amount of the expected partial services (e.g. collection and / or transfer, burial of the deceased).
The receipt of insurance policies, in particular death benefit insurance or other documents of value and the assertion of insurance benefits or other claims against insurance companies or third parties shall be made exclusively on behalf and for the account of the client and shall have no debt-discharging effect.
Insofar as services of the funeral home are remunerated by third parties, in particular death funds, insurance companies, the funeral home is authorized to offset these payments against its claim for remuneration.
The statement of account will be issued to the client within 30 days after the last receipt of payment, in case of several third party payments within 30 days after the last receipt of payment.
§ 8 Retention of title
Delivered items and goods remain our property until full payment of the remuneration.
§ 9 Right of set-off and retention
Offsetting with claims other than undisputed or legally established claims is excluded.
§ 10 Claims for Defects of the Customer
(1) The statutory provisions shall apply to the Customer’s rights in the event of defects, unless otherwise stipulated below.
(2) Minor deviations of the delivered item with regard to quality, color, shape in relation to samples or catalog illustrations shall not constitute a defect insofar as these are customary in the trade and do not significantly impair the function of the contractual item.
(3) We shall be liable for damages – irrespective of the legal grounds – in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable for damages arising from injury to life, limb or health or essential contractual obligations.
The limitations of liability resulting from clause 3 shall also apply to breaches of duty by persons for whose fault we are responsible in accordance with statutory provisions.
§ 11 Limitation
The limitation period for claims arising from defects is one year from the date of performance (in particular, burial of the coffin or urn).
§ 12 Early termination
If the client cancels the contract before completion of the order, the funeral home is entitled to demand a lump-sum payment of 15% of the total order amount of own services from the client. Further claims remain reserved. The client reserves the right to prove a lower claim for compensation.
§ 13 Copyright and rights of use
(1) The client confirms to the funeral home that the photographic originals or digital image files provided by the client
a) no third party copyright exists, or
b) a right of use exists in his favor.
In the case of a copyright or right of use violation, the client exempts the funeral home from any liability claims. The client authorizes the funeral home to process the photos or digital image files without restriction for the printed matter ordered by the client, to reproduce them and to pass them on to third parties for the purpose of publishing funeral/thanksgiving announcements.
The image and text material prepared by the funeral home is protected by copyright and proprietary rights and may only be used with its permission.
§ 14 Data protection
The personal data of the client or the relatives are collected and used by us for the purpose of fulfilling our contractual obligations and for the execution of the contract, insofar as they are necessary for the fulfillment of the contract. The data will only be passed on to third parties with the consent of the client, unless they are subject to the legal or official duty of disclosure.
The data will be deleted as soon as they are no longer required for the purpose of their processing. Persons whose data we have collected and processed in this way are entitled to request information from us as to which data concerning them we have stored. In the event of inaccuracy of the data collected, these persons may demand that we correct the data, and in the event of inadmissible data storage, that we delete the data. They also have the right to lodge a complaint with the supervisory authority responsible for data protection.
§ 15 Data protection
The law of the Federal Republic of Germany applies. Place of performance and jurisdiction is the registered office of the funeral home.
§ 16 Final provisions
Should any of the above provisions prove to be invalid or unenforceable in whole or in part, or become invalid or unenforceable as a result of legal changes after the conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected.
The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the meaning and purpose of the invalid provision.