§ 1. Basics
The following general terms and conditions apply to all legal transactions of the Goettinger Funeral Home - hereinafter referred to as undertaker - with its contractual partner - hereinafter referred to as client.
These general terms and conditions are part of all offers and contracts of the Goettinger Funeral Home. These conditions are deemed accepted when the order is placed or at the latest when the goods or services are accepted. Verbal agreements are only binding if expressly agreed and after written confirmation by the undertaker. The general terms and conditions do not override the specific, individual contractual agreements between the service provider and the client.
§ 2. Formation of the contract
The implementation of all our services is based on the trust of our clients. In order to win this trust in the funeral service, we need individual and trusting advice from our clients. This advice is a pre-contractual service that we, the Goettinger Funeral Home, are happy to provide, but which does not result in any legally binding obligations on either side. The undertaker's offer is non-binding. A contract with the undertaker comes into effect when the signed order or order offer is sent by post, SMS or e-mail or directly by signature. Verbal agreements must subsequently be in writing in accordance with Section 1, Paragraph 3 in order to be binding.
§ 3. Subject of the contract and scope of services
The scope of services depends on the agreed services and the external services required for carrying out the funeral. If, during the execution of the order, it becomes apparent that individual contractual services are impossible and cannot be performed without the undertaker being responsible for this, this does not affect the remaining contractual relationship, insofar as the essential purpose of the contract can also be achieved without these parts of the service. Furthermore, the undertaker provides all additional services that are required, even if they deviate from the written order or are not included in it, insofar as these deviations or additional services are necessary for the execution of the order. Such services may arise, for example, as a result of official regulations, requirements or orders. The client already acknowledges that the undertaker is entitled to provide additional services for him that deviate from the written order and to charge for the additional work as an additional service. Additional services commissioned at a later date will be charged additionally. Expenses will be passed on to the client in the amount actually paid. Appointments made in order to carry out agreed services are to be understood as "probable" dates and are not binding for the fulfillment of the order insofar as the performance of the agreed services is sometimes determined by third parties in such a decisive manner that the undertaker cannot promise binding dates. Any rights of the client if the expected deadlines are exceeded due to external causes are therefore excluded. However, dates and processes that can be completely influenced by the undertaker are subject of the contract and are still seen as binding in the sense of the funeral service.
§ 4. Prices
Insofar as prices have been agreed in the written order for individual services, these are binding for both parties. In the case of services or parts of services that are not fixed in price, the client will be charged reasonable prices. All deliveries and services are subject to the statutory VAT of currently 19%.
§ 5. Terms of payment
The invoice amount is due and payable net without deduction after the invoice has been issued. Third-party payments expected or promised by the customer do not affect his own obligation to pay. After the payment period has expired, the client is in default of payment. If the client is in default, the undertaker is entitled to charge a flat-rate reminder fee for each reminder, namely €6 for each reminder letter. In addition, in the event of default in payment, the undertaker is entitled to charge interest on arrears from the day of default to the amount of the bank overdraft credit used by us, but at least 5% above the Bundesbank discount rate. The undertaker reserves the right to claim higher damages caused by delay. In the event of higher damage caused by delay, the client has the option of proving to the undertaker that damage caused by delay did not occur at all or that damage caused by delay was lower. Insofar as payments are made to the undertaker by third parties for our services (e.g. by insurance companies), the undertaker is authorized to offset these payments against claims against the client to which he is entitled. The client will be billed within 30 days of receipt of payment, in the case of several third-party payments within 30 days of the last receipt of payment. Payments on our part to authorities, cemetery offices, etc. are expressly subject to reservation. If our client is in default of payment, the undertaker Ackermann-Bestattungen is entitled to reclaim the payments made. The authorities or offices are then free to
§ 6. Liability and Warranty
Defects and damage of any kind (complaints) must be reported to the undertaker immediately and immediately (within 24 hours) in writing by post, SMS or e-mail, taking into account the special features of the funeral service. The undertaker can remedy justified complaints at his own discretion by eliminating (subsequent delivery or repair) or by reducing the contractual fee appropriately. Any warranty claims are excluded for transfers. Insofar as damage or defects are caused or otherwise brought about by third parties during the execution of our order, our liability is excluded. If the third persons are our vicarious agents within the meaning of § 278 BGB, our liability is limited to damage resulting from intentional or grossly negligent action. Claims for damages against the undertaker himself are excluded, unless they are based on intentional or grossly negligent behavior on the part of the undertaker himself or his vicarious agents. Apart from that, liability is excluded.
§ 7. Termination
If you would like to terminate the contract with us, you will find a sample cancellation form here . If the client terminates the contract before the order is fulfilled or if the burial becomes impossible for the contractor due to circumstances for which the client is responsible, the undertaker is entitled to demand a flat-rate fee of 20% of the total order amount from the client. Further claims from expenses already incurred remain reserved. The client has the opportunity to prove that a claim for remuneration did not arise at all or that it was less than the flat-rate remuneration.
§ 8. Jurisdiction
The place of jurisdiction and fulfillment for all transactions is Goettingen
German law applies exclusively to the business relationship between the parties.
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