Article 1 - Definitions
In these conditions:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used. distance.
Article 2 - Identity of the entrepreneur
Entrepreneur: Uitvaartkist-Online also trading under the name Coffin in a Box Company
Zuiderkerkplein 30, 7331 AB, Apeldoorn
Phone: 055-5690226 (during office hours)
Warehouse: Radeweg 19, Vaassen
Chamber of Commerce number: 08079956
VAT number: NL100829375B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realized between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from 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 consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
4. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him. most favorable.
Article 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o the possible costs of delivery;
o the manner in which the agreement will be concluded and which actions are necessary for this;
o whether or not to apply the right of withdrawal;
o the method of payment, delivery and execution of the agreement;
o the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
o whether the agreement is filed after the conclusion, and if so, how this can be consulted for the consumer;
o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in case of an extended transaction.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. The product will not be used for trying and / or laying out a deceased person. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned due to their nature and use (refurbishment, cremation or burial);
d. that can spoil or age quickly
e. that are no longer reusable for hygienic / ethical reasons
Article 9 - The price
1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. By means of discount codes and online offers, the prices of products can be temporarily reduced.
7. When using a discount code, a fixed amount and / or fixed percentage will be deducted from the product price.
8. With an offer the product price is reduced by a fixed amount.
9. A discount code or offer can be changed or canceled unilaterally at any time by us.
10. Paragraph 9 of this article also applies if the terms and conditions or an advertisement determine otherwise.
11. Paragraph 9 of this article also applies if an agreement has already been concluded between the consumer and us, involving a product with an offer or discount. In that case UKO can dissolve the agreement unilaterally.
12. An offer is not valid in combination with other discount codes or offers. In that case, the consumer is obliged to reimburse the lowest discount. UKO can also dissolve the agreement unilaterally in that case.
13. No rights can be derived from advertising or promotion of discount codes and offers in any form whatsoever, the previous paragraphs of this article apply in full, in case of conflict this article prevails.
Article 10 - Conformity and Guarantee
1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Article 11 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within the set delivery period unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 5 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and made representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in article 6 paragraph 1.
2. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 13 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
Article 14 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 15 - Additional or deviating provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.