General terms and conditions

General terms and conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the economic operator

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the economic operator in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional guarantee

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 Disputes

Article 18 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the meanings set forth below:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
Durable data carrier: any tool – including e-mail – that enables the consumer or trader to store information that is addressed personally to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
Model withdrawal form: the European withdrawal form set out in Annex I to these Terms and Conditions. Annex I should not be made available if the consumer does not have a right of withdrawal in relation to his order;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same place at the same time.

Article 2 – Identity of the economic operator

Richard Hattink

Castricummerwerf 138, 1901RS Castricum, the Netherlands

Phone number: 00316 1103 1414 between 9 a.m. and 5 p.m.

E-mail address: info@funeraltoys.com

Chamber of Commerce number: 64398900

VAT identification number: NL136005858B01

If the activity of the entrepreneur is subject to a relevant licensing system: the

information concerning the supervisory authority.

If the entrepreneur is exercising a regulated profession:

the professional association or organisation to which he belongs;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and indications as to where and how these professional rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader’s and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.
Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer are not binding on the Entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can within legal frameworks – inform himself whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable medium:
the visiting address of the establishment of the trader to which the consumer can address his or her complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of exclusion from the right of withdrawal;
the information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
The buyer is not allowed to resell the products.

Article 6 – Right of withdrawal

For products:

The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 shall start on the day after the consumer or a third party, other than the carrier and indicated in advance by the consumer, has received the product; or
the day on which the consumer, or a third party designated by the consumer, has received the last product, if the consumer has ordered more than one product in the same order. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
where the delivery of a product consists of several consignments or parts, the day on which the consumer, or a third party designated by the consumer, has received the last consignment or part;
in the case of a contract for the regular supply of products over a given period of time, the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content which is not supplied on a tangible medium:

The consumer may terminate a service contract and a contract for the supply of digital content which has not been supplied on a tangible medium, for at least 14 days, without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this Article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.
Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any diminished value of the product resulting from a handling of the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the trader did not provide him with all the legally required information about the right of withdrawal before or at the time of the conclusion of the contract.

Article 6 – Right of withdrawal

For products:

The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 shall start on the day after the consumer or a third party, other than the carrier and indicated in advance by the consumer, has received the product; or
the day on which the consumer, or a third party designated by the consumer, has received the last product, if the consumer has ordered more than one product in the same order. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
where the delivery of a product consists of several consignments or parts, the day on which the consumer, or a third party designated by the consumer, has received the last consignment or part;
in the case of a contract for the regular supply of products over a given period of time, the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content which is not supplied on a tangible medium:

The consumer may terminate a service contract and a contract for the supply of digital content which has not been supplied on a tangible medium, for at least 14 days, without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this Article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.
Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any diminished value of the product resulting from a handling of the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the trader did not provide him with all the legally required information about the right of withdrawal before or at the time of the conclusion of the contract.

Article 9 – Obligations of the economic operator in the event of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible in an electronic way, he will immediately send an acknowledgement of receipt after receiving this notification.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the operator offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is the sooner.
The trader uses the same means of payment as the consumer has used for reimbursement, unless the consumer agrees to another method. Reimbursement shall be free of charge to the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract:

Products or services of which the price is bound to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Contracts concluded by public auction. A public auction is defined as a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full execution of the service, but only if:
performance has begun with the consumer’s express prior consent; and
the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;
Package travel as referred to in Section 7:500 of the Dutch Civil Code and passenger transport agreements;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Leisure contracts, if the contract provides for a specific date or period of performance;
Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
Products that deteriorate quickly or have a limited shelf life;
Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing is broken after delivery;
Products that after delivery are by their nature irrevocably mixed with other products;
Alcoholic beverages the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the trader has no influence;
Sealed audio, video recordings and computer software, the sealing of which is broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to these;
The supply of digital content on any medium other than a tangible medium, but only if:
performance has begun with the consumer’s express prior consent; and
the consumer has declared that this will deprive him of his right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the operator may offer products or services whose prices are subject to fluctuations in the financial market and over which the operator has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases as from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions, or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 – Performance of the agreement and additional guarantee

The trader guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the trader if the trader has failed to fulfil his part of the agreement.
An additional guarantee is understood to mean any obligation on the part of the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfil his part of the agreement.
Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in the assessment of requests for the provision of services.
The place of delivery is the address that the consumer has made known to the trader.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer receives no later than 30 days after he has placed the order notice. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative appointed in advance and announced to the Entrepreneur, unless explicitly agreed otherwise.
The funeral toys are delivered assembled as much as possible. Where this is not possible, the package consists of parts that are easy to assemble. If this is not possible, there is support by means of photos. If this is not yet to my full satisfaction, I will visit you to help you build.
No construction drawings of the funeral toy are supplied, nor is the funeral toy supplied in a coloured box.

Article 14 – Duration transactions: duration, termination and extension

Termination:

The consumer can terminate a contract for an indefinite period of time, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice of at most one month.
The consumer can choose the contracts referred to in the previous paragraphs:
(c) to give notice of termination at any time and not be limited to termination at a specific time or in a specific period of time;
at least terminate in the same manner as they have entered into by him;
always terminate with the same notice as the company has stipulated for itself.
Prolongation:

A fixed-term contract, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded and that extends to the regular delivery of daily newspapers, weeklies and periodicals may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended contract towards the end of the renewal with a notice of no more than one month.
A fixed-term contract that is intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer is at all times entitled to terminate with a notice of up to one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, weekly and news newspapers and periodicals.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be tacitly continued and will automatically end at the end of the trial or introductory period.
Duration

If a contract lasts more than one year, after one year of the contract the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.
Article 15 – Payment

Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, that period shall begin on the day following the day on which the consumer receives confirmation of the contract.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question, before the stipulated advance payment has taken place.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
If the consumer fails to meet his payment obligation(s) on time, he will owe the statutory interest on the outstanding amount after the consumer has been notified by the trader of the late payment and the trader has allowed the consumer a period of 14 days to meet his payment obligations, after the failure to do so within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, = with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 14 – Duration transactions: duration, termination and extension

Termination:

The consumer can terminate a contract for an indefinite period of time, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice of at most one month.
The consumer can choose the contracts referred to in the previous paragraphs:
(c) to give notice of termination at any time and not be limited to termination at a specific time or in a specific period of time;
at least terminate in the same manner as they have entered into by him;
always terminate with the same notice as the company has stipulated for itself.
Prolongation:

A fixed-term contract, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded and that extends to the regular delivery of daily newspapers, weeklies and periodicals may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended contract towards the end of the renewal with a notice of no more than one month.
A fixed-term contract that is intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer is at all times entitled to terminate with a notice of up to one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, weekly and news newspapers and periodicals.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be tacitly continued and will automatically end at the end of the trial or introductory period.
Duration

If a contract lasts more than one year, after one year of the contract the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.
Article 15 – Payment

Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, that period shall begin on the day following the day on which the consumer receives confirmation of the contract.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question, before the stipulated advance payment has taken place.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
If the consumer fails to meet his payment obligation(s) on time, he will owe the statutory interest on the outstanding amount after the consumer has been notified by the trader of the late payment and the trader has allowed the consumer a period of 14 days to meet his payment obligations, after the failure to do so within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, = with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.