GENERAL TERMS AND CONDITIONS OF IMA AFSCHEIDSZORG, V.O.F.
FILED WITH THE CHAMBER OF COMMERCE IN AMSTERDAM UNDER NUMBER 60368454
ima afscheidszorg arranges funerals for babies who have died on or around birth.
ARTICLE 1. GENERAL
1.1 These general terms and conditions apply to the agreement concluded between ima afscheidszorg and the client concerning the arrangement of a funeral.
1.2 The general terms and conditions apply to every assignment, regardless of any substitute client for the same funeral.
ARTICLE 2. AGREEMENTS
2.1 The agreement is concluded in writing. The fact that both parties date and sign the so-called order form is sufficient for this. The client is also the debtor unless otherwise agreed.
2.2 The absence of a written agreement does not affect the authority of the parties to demonstrate that an agreement – with simultaneous specification of the content of that agreement – has been concluded in a different way.
ARTICLE 3. TIME OF DELIVERY
3.1 The delivery of goods and/or services takes place on the days and times as agreed between the client and ima afscheidszorg. The day and time of the funeral are agreed subject to approval by the administrator of the relevant cemetery or crematorium.
3.2 The initially agreed day and time of the funeral can only be changed with the approval of the client, ima afscheidszorg and the aforesaid administrator.
ARTICLE 4. ORDER FORM
4.1 The order form to be signed will at least contain:
a) all data of the deceased and the client relevant to the funeral arrangements, to be entered on the “personal details form”.
b) the statement that the client has received the applicable general terms and conditions.
c) a detailed breakdown of the agreed (forms of) services and deliveries with a listing of the corresponding prices.
4.2 Memorandum items are items for specified goods or services, the costs of which are not yet exactly known when entering into the agreement. If the right prices are not yet known for certain services and/or deliveries, ima afscheidszorg will, if possible, list a target price per memorandum item stating “exact costs will follow later”. The client cannot derive any rights from this statement. The client will at all times owe the actual costs.
4.3 ima afscheidszorg is obliged to inform the client of the actual prices of the items referred to in the previous article, as soon as possible.
A copy/extract of third-party invoices will be provided to the client upon request.
4.4 The agreement can only be changed with the approval of ima afscheidszorg. The financial consequences of accepted changes, both positive and negative, are specified and settled with the client.
ARTICLE 5. RATES
5.1 ima afscheidszorg charges a fee of EUR 350 for cooling. The remaining costs are determined on the basis of the wishes of the client. On the day of the funeral, two employees can be deployed to ensure proceedings on the day run smoothly.
5.2 The client receives a written specification of the agreed services prior to entering into the agreement.
5.3 The client can only make changes to the composition of the agreed services with the approval of ima afscheidszorg. In that case, the rate will be adjusted fairly.
5.4 The prices stated in the agreement cannot be changed unless mandatory law dictates otherwise or unless the prices are based on incorrect information provided by the client.
ARTICLE 6. PAYMENT
6.1 The client must pay the specified invoice on the basis of the order form and any changes agreed later, within ten days of receipt.
6.2 If the funeral insurance company asks to receive the invoice directly from ima afscheidszorg, the requirement will be met and the client will receive a copy of this correspondence.
6.3 Costs arising from government regulations will never be payable by ima afscheidszorg.
6.4 The client, without any notice of default being required, will be in default after the expiry of the payment term referred to in paragraph 1 of this article, irrespective of whether or not exceeding the payment term can be attributed to the client.
6.5 In that case, ima afscheidszorg, without prejudice to any further rights accruing to it, will be entitled to charge interest on the outstanding amount of 1.5% per month or a part of a month, to be calculated from the relevant due date.
ARTICLE 7. INSURANCES
7.1 The client can submit insurance policies, from which can be claimed in the event of death, to ima afscheidszorg, which will provide sound proof of delivery/receipt thereof.
7.2 If the policy or policies give rise to a monetary benefit claim, the beneficiary can authorise ima afscheidszorg to collect the benefit in order to deduct it from the funeral invoice. Any surplus will be paid to the beneficiary/beneficiaries
ARTICLE 8. PERSONAL DETAILS
8.1 The stated personal details of the deceased are, in consultation with the client, used to register the death with the civil registrar. Registering the death with the civil registrar is arranged by the client unless otherwise agreed.
8.2 The client ensures that all information with regard to which ima afscheidszorg indicates that it is required or with regard to which the client should reasonably understand that it is required for the execution of the agreement, is made available to ima afscheidszorg in time.
8.3 If the client discovers an error in the death certificate, the client must immediately notify ima afscheidszorg thereof.
8.4 If, in accordance with article 8.1, ima afscheidszorg arranges the registration and the death certificate contains an error, ima afscheidszorg will promote the rectification thereof. If the error can be attributed to ima afscheidszorg, ima afscheidszorg is liable for the costs of having the certificate changed. In all cases, the costs will be payable by the client.
8.5 Our privacy statement can be found on the website.
ARTICLE 9 PRINTED MATTER
9.1 The client must deliver the text (for combined birth announcement/mourning cards and notices) in writing, in order for the matter to be printed and to approve a sample. The client is, therefore, responsible for the content of any printed matter. ima afscheidszorg will make every effort to provide the requested service.
ARTICLE 10. THIRD-PARTY SERVICES
10.1 Services provided by third parties such as funeral transport, flowers, printed matter, clothing, mortuary, etc. are subject to the general terms and conditions of these suppliers.
10.2 In the event of a cancellation of third-party services, the client is obliged to reimburse ima afscheidszorg any costs incurred.
ARTICLE 11. LIABILITY
11.1 ima afscheidszorg will execute the agreement to the best of its knowledge and ability and in accordance with high standards.
11.2 ima afscheidszorg is not liable for damage resulting from any shortcoming in the performance of its obligation(s) towards the client unless in the event of intent or gross negligence.
11.3 ima afscheidszorg accepts no liability for advice provided by or on behalf of ima afscheidszorg.
11.4 Specific requests, including being laid out at home, are not the responsibility of ima afscheidszorg.
ARTICLE 12. DELAY
Hold-ups and delays in the execution of the assignment are only at the expense of ima afscheidszorg if they can reasonably be attributed to its suppliers. Hold-ups and delays cannot be attributed to ima afscheidszorg if they are not due to blame, or if they are payable by ima afscheidszorg by virtue of the law or on account of a legal act or common opinion in judicial matters.
ARTICLE 13. COMPLAINTS
13.1 Complaints about the funeral arrangements, to which the client wishes to attach consequences, must be fully and clearly described by the client (or his authorised representative) and submitted to ima afscheidszorg within 21 days of the date of the funeral. Failure to submit a complaint in time may cause the consumer to lose his rights.
13.2 Complaints about the funeral invoice must be submitted to ima afscheidszorg in writing within 14 days of receipt of the invoice.
13.3 ima afscheidszorg will try to reach agreement with the client on settlement of the complaint within 14 days of receipt of the complaint.
ARTICLE 14. PARTIAL NULLITY
If one or more provisions of this agreement with the client are not or not entirely legally valid, the other provisions will remain in full force. A suitable provision will apply replacing the invalid provision, which provision will be as close to the original intention of the parties and the economic result pursued by them as possible, all this in a legally effective manner.
ARTICLE 15. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT JUDGE
15.1 All offers from and agreements of ima afscheidszorg are exclusively governed by Dutch law.
15.2 All disputes arising from the agreement between the client and ima afscheidszorg or ensuing agreements will be resolved by the competent court in Amsterdam.