General terms and conditions

General terms and conditions Rouw&

Definitions

  1. Rouw&: Funeraltoys, established in Castricum under Chamber of Commerce no. 64398900.
  2. Customer: the person with whom Rouw& has entered into an agreement.
  3. Parties: Rouw& and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all offers, quotations, work, orders, agreements and deliveries of services or products by or on behalf of Rouw&.
  2. The parties can only deviate from these terms and conditions if they have explicitly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Prices

  1. All prices quoted by Rouw& are in euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, postage or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. Rouw& may change all prices quoted for its products or services, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which Rouw& could not foresee at the time of the offer or conclusion of the agreement, may give rise to price increases.
  4. The consumer is entitled to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and Models

If the customer has received a sample or model of a product, he may not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered shall correspond to the sample or model.

Consequences of late payment

  1. If the customer does not pay within the agreed period, Rouw& is entitled to charge the statutory interest of 2% per month for non-trade transactions and the statutory interest of 8% per month for trade transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
  2. If the customer is in default, he will also owe Rouw& extrajudicial collection costs and any damages.
  3. The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
  4. If the customer does not pay on time, Rouw& may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Rouw&’s claims against the customer are immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the agreement by Rouw&, he is still obliged to pay the agreed price to Rouw&.

Right of complaint

  1. As soon as the customer is in default, Rouw& is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
  2. Rouw& will invoke the right of complaint by means of a written or electronic notice.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Rouw&, unless the parties have made other arrangements in this respect.
  4. The costs of taking back or returning the products are to 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 on the condition that

– the product has not been used

– it is not a product which 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, swimwear, etc.)

– the seal is still intact if it is a data carrier with digital content (DVDs, CDs, etc.)

– the product is not a journey, ticket, catering order or a leisure activity

– the product is not a separate magazine or newspaper

– it is not an (order for) urgent repair

– The consumer has not waived his right of withdrawal.

  1. The cooling-off period of 14 days, as mentioned in paragraph 1, starts

o on the day after the consumer has received the last product or part of 1 order

o as soon as the consumer has received the first product of a subscription

o as soon as the consumer has purchased a service for the first time

o as soon as the consumer has confirmed that he will purchase digital content via the Internet

  1. 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 Rouw&, www.funeraltoys.com.
  2. The consumer is obliged to return the product to Rouw& within 14 days after giving notice of his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the complete order in time, the costs of returning the complete order will be for 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. Rouw& may invoke its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding invoices to Rouw&, unless the customer has provided sufficient security for these costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes Rouw& payments.
  3. Rouw& is never liable for any loss the customer may suffer as a result of exercising its right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Rouw& against a claim against Rouw&.

Retention of title

  1. Rouw& retains title to all delivered products until the customer has fulfilled all its payment obligations towards Rouw& under any agreement concluded with Rouw&, including claims relating to non-compliance.
  2. Until such time, Rouw& may invoke its retention of title and take back the goods.
  3. Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Rouw& invokes its retention of title, the agreement will be regarded as dissolved and Rouw& will be entitled to claim damages, loss of profit and interest.

Delivery

  1. Delivery will take place as long as stocks last.
  2. Delivery takes place at Rouw&, unless parties have agreed otherwise.
  3. Delivery of products ordered online will take place at the address indicated by the customer.
  4. If the agreed amounts are not paid or not paid on time, Rouw& is entitled to suspend its obligations until the agreed part has been paid.
  5. Late payments are considered to be creditor’s default, as a result of which the customer cannot hold a late delivery against Rouw&.

Delivery time

  1. The delivery times stated by Rouw& are indicative and, if exceeded, do not entitle the customer to rescind or claim damages, unless parties have expressly agreed otherwise in writing.
  2. The delivery time begins when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation of this from Rouw&.
  3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Rouw& is unable to deliver within 14 days after being reminded in writing to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transport costs

Transport costs shall be borne by the customer, unless the parties have agreed otherwise.

Packaging and dispatch

  1. If the packaging of a delivered product has been opened or damaged, the customer must, before accepting delivery of the product, have the forwarder or delivery person make a note of this, failing which Rouw& cannot be held liable for any damage.
  2. If the customer is responsible for the transport of a product, he/she must report any visible damage to the products or the packaging to Rouw& before the transport takes place, failing which Rouw& cannot be held liable for any damage.

Storage

  1. If the customer takes delivery of products ordered later than the agreed delivery date, the risk of a possible loss of quality shall be borne entirely by the customer.
  2. Any extra costs resulting from premature or late delivery of products will be borne entirely by the customer.

Warranty

  1. The warranty on products applies exclusively to defects caused by faulty manufacturing, construction or materials.
  2. 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.
  3. 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.

Indemnification

The customer indemnifies Rouw& against all claims by third parties related to the products and/or services supplied by Rouw&.

Complaints

  1. The customer must check a product or service supplied by Rouw& for any shortcomings as soon as possible.
  2. If a product delivered or a service provided does not meet the reasonable expectations of the customer under the agreement, the customer must inform Rouw& as soon as possible, and in any event within one month of discovering the defects.
  3. Consumers must inform Rouw& within 2 months after the discovery of the shortcomings at the latest.
  4. The customer must give as detailed a description as possible of the shortcoming, so that Rouw& is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between parties.
  6. If a complaint relates to work in progress, this cannot lead to Rouw& being obliged to carry out work other than that agreed.

Notice of default

  1. The customer must give Rouw& written notice of default.
  2. It is the responsibility of the customer to ensure that a notice of default actually reaches Rouw& (in time).

Joint and several liability of the customer

If Rouw& enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Rouw& under that agreement.

Liability of Rouw&

  1. Rouw& is liable for any damage suffered by the customer only if and insofar as that damage was caused by intent or deliberate recklessness.
  2. If Rouw& is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Rouw& is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
  4. If Rouw& is liable, this liability is limited to the amount paid out by a professional liability insurance policy taken out. In the absence of a full payment by the insurance company, the liability is limited to the invoice amount (or part thereof) to which the liability relates.
  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 damages from Rouw& expires at any rate 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. The customer is entitled to terminate the agreement if Rouw& fails imputably in the fulfilment of its obligations, unless this failure does not justify termination due to its special nature or minor importance.
  2. If Rouw& is unable to fulfil its obligations either permanently or temporarily, termination can only take place after Rouw& is in default.
  3. Rouw& is entitled to terminate the agreement with the customer if the customer fails to fulfil his/her obligations under the agreement in full or on time, or if Rouw& becomes aware of circumstances giving it good reason to fear that the customer will not be able to fulfil his/her obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Rouw& to fulfil any obligation towards the customer cannot be attributed to Rouw& in a situation independent of the will of Rouw&, as a result of which the fulfilment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot reasonably be required from Rouw&.
  2. The force majeure situations referred to in paragraph 1 include, but are not 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. In the event of force majeure preventing Rouw& from fulfilling one or more of its obligations to the customer, these obligations will be suspended until Rouw& can fulfil them again.
  4. As soon as a situation of force majeure has lasted at least 30 calendar days, both parties may dissolve the agreement in writing, wholly or in part.
  5. In a situation of force majeure, Rouw& is not liable for any compensation, even if it benefits from any advantage as a result of the situation of force majeure.

Joint and several liability of the customer

If Rouw& enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Rouw& under that agreement.

Liability of Rouw&

  1. Rouw& is liable for any damage suffered by the customer only if and insofar as that damage was caused by intent or deliberate recklessness.
  2. If Rouw& is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Rouw& is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
  4. If Rouw& is liable, this liability is limited to the amount paid out by a professional liability insurance policy taken out. In the absence of a full payment by the insurance company, the liability is limited to the invoice amount (or part thereof) to which the liability relates.
  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 damages from Rouw& expires at any rate 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. The customer is entitled to terminate the agreement if Rouw& fails imputably in the fulfilment of its obligations, unless this failure does not justify termination due to its special nature or minor importance.
  2. If Rouw& is unable to fulfil its obligations either permanently or temporarily, termination can only take place after Rouw& is in default.
  3. Rouw& is entitled to terminate the agreement with the customer if the customer fails to fulfil his/her obligations under the agreement in full or on time, or if Rouw& becomes aware of circumstances giving it good reason to fear that the customer will not be able to fulfil his/her obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Rouw& to fulfil any obligation towards the customer cannot be attributed to Rouw& in a situation independent of the will of Rouw&, as a result of which the fulfilment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot reasonably be required from Rouw&.
  2. The force majeure situations referred to in paragraph 1 include, but are not 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. In the event of force majeure preventing Rouw& from fulfilling one or more of its obligations to the customer, these obligations will be suspended until Rouw& can fulfil them again.
  4. As soon as a situation of force majeure has lasted at least 30 calendar days, both parties may dissolve the agreement in writing, wholly or in part.
  5. In a situation of force majeure, Rouw& is not liable for any compensation, even if it benefits from any advantage as a result of the situation of force majeure.

Amendments to the agreement

If, after the agreement has been concluded, it appears necessary for its implementation to amend or supplement the contents thereof, the parties shall amend the agreement accordingly in good time and in mutual consultation.

Amendment of general terms and conditions

  1. Rouw& is entitled to amend or supplement these general terms and conditions.
  2. Amendments of minor importance may be made at any time.
  3. Rouw& will discuss major changes in content with the customer in advance as much as possible.
  4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

  1. Rights of the customer under an agreement between parties may not be transferred to third parties without the prior written consent of Rouw&.
  2. This provision is regarded as a clause under property law, as referred to in Article 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions turn out to be void or voidable, this will not affect the other provisions of these 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 Rouw& had in mind when drawing up the terms and conditions.

Applicable law and competent court

  1. Any agreement between the parties is governed exclusively by Dutch law.
  2. The Dutch court in the district where Rouw& has its registered office / practice / office is exclusively authorised to take cognisance of any disputes between parties, unless the law imperatively stipulates otherwise.

Drawn up on 25 May 2021.