General Terms and Conditions
This site has been translated into English. Although we try to ensure proper translations, it is possible that the translation or interpretation of certain terms and phrases may conflict with our intended purpose. For this reason, we take no responsibility for any false, conflicting, incomplete or otherwise misrepresented contents. In case of discrepancies between the interpretation of certain terms or passages in this translated site and the original German site, the German version is binding. The English version is for information purposes only.
For business agreements between us
Sternentier Pet Cremation
SP: Daniela Krueger
and the contracting party – hereinafter referred to as “customer/customers” –
only the following general terms and conditions apply in their version valid at the time of concluding the contract. Deviating conditions of the customer are not recognized, unless we expressly agree to their validity in writing.
2. Conclusion of contract
The order is placed by the customer in writing. The contract becomes legally binding with the signature by both parties – the customer and us. A binding contract can also be made by handing over the deceased pet.
The language available for the contract is German. All agreements shall be in German.
Our website services are not legally binding offers, but pure online information. The nature and extent of the provided services result from the pet cremation contract. We are entitled, at our discretion, to fulfil the services ourselves or to use knowledgeable third parties.
If the order includes the delivery of products that have been selected by the customer according to the catalogue or a sample, we are entitled to do so in a different form, provided that the deviation is minor. In particular, detail and colour deviations of the urn selection are considered insignificant in this respect.
4. Prices and payment
All prices quoted are final prices and include the applicable value added tax. Payments can be made either cash, by bank transfer, Giropay, credit card, PayPal or SOFORT banking.
With the order of an individual cremation by the customer, a down payment of 50% of the set total order amount is due immediately, after 5 days at the latest, the outstanding balance before the return of the ashes. After expiry of this period, the customer is in default of payment and we are entitled to charge interest acc. to § 288 BGB. If payment is not made on time, we are entitled to the right of retention of the ashes until full payment is received. The maximum storage of the ashes is 2 months. Thereafter, an additional storage fee of 15.00 Euro per month started is due.
With the order of a communal cremation or of an individually customized urn, the total order amount is due immediately, after 5 days at the latest. After expiry of this period, the customer is in default of payment and we are entitled to charge interest acc. to § 288 BGB.
The cremation will not take place until payment had been received.
The set-off and assertion of rights of retention by us with claims of the customer are excluded, unless the counterclaim is undisputed or legally determined.
We are entitled to assign our remuneration claims from the contract with the customer to third parties. In this case, debt-exempting can be provided exclusively to the respective commissioned institution.
5. Termination of contract
If the customer terminates the contract or if the cremation becomes impossible due to a circumstance for which the customer is responsible, the agreed remuneration for the services and the goods, a minimum at least 20% of the total order, shall be due if we are not responsible for the non-execution.
6. Funeral regulations
By agreeing to the contract, the customer confirms that he has been informed by us about the legal requirements of a burial of the deceased pet on his own grounds, and that the place of burial chosen by the customer complies with the legal and local regulations.
The customer guarantees to act either as sole owner of the deceased pet or on behalf of the owner. Furthermore, the customer confirms that according to the veterinarian and according to his knowledge, the deceased pet did not suffer or die from any epidemic according to the Federal Waste Disease Act.
Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, body, health or breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on wilful or grossly negligent breach of duties of duty by us. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, we shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health.
8. Right of withdrawal
Customers have a right of withdrawal in certain legally regulated situations. For contracts concluded outside of our business premises, we will inform you separately.
9. Place of performance and jurisdiction
The place of performance for the services of the contracting parties and the place of jurisdiction for any disputes is the registered office of the Sternentier Pet Cremation in Paderborn.
10. Final clause
The law of the Federal Republic of Germany shall apply to contracts between us and the customer by way of exclusion of the UN Convention on Contracts for the International Sale of Goods.
The contract remains binding even in the case of legal ineffectiveness of individual paragraphs in its remaining parts. In place of the ineffective paragraphs, if available, the statutory provisions apply. To the extent that this would constitute an undue hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.