1.1.
Die vorliegenden Allgemeinen Geschäftsbedingungen (AGB) gelten für alle Aufträge mit unseren Kunden (?Auftraggeber?) zur Vorbereitung und Durchführung einer Bestattung (Angebot eines Basispakets und Zusatzdienstleistungen) sowie Vereinbarung der Bestattungsvorsorge (Bestattungsvertrag zum späteren Zeitpunkt des Todesfalls).
1.2.
Agreements made individually with the client in individual cases (ancillary agreements, supplements and amendments) shall take precedence over these GTC. The text form or our written confirmation shall be authoritative for the content of such agreements.

2.1.
The funeral contract can be bindingly concluded by the client as follows:
– durch telefonische Beauftragung (Gespräch kann aufgezeichnet werden)
– durch schriftliche Beauftragung (per E-Mail oder Postweg)
– durch Beauftragung mittels Unterzeichnung des Angebots
2.2.
Submitted binding offer prices are bound for 5 days for funeral contracts. In the case of funeral provision contracts, the current daily prices at the time of death apply.
2.3.
The client is obligated to pay all funeral expenses to the funeral home, regardless of any inheritance.
2.3.1.
The exclusion of the inheritance does not exempt the relatives from assuming the costs of the commissioned funeral or the funeral costs incurred. According to the decision of the Federal Supreme Court, the client has concluded a service contract that is subject to the generally applicable laws for services and must be paid accordingly.
2.4.
The client assures that he/she is not prevented from issuing a funeral order by the right of death of a third party.
2.5.
The funeral home is entitled to engage third parties to fulfill the contractual services.

If the funeral contract is concluded outside the business premises of funeralma^® (e.g. in a retirement home, hospital) or concluded as a distance contract with the client, the following shall apply:
Widerrufsbelehrung eines ?ausserhalb von Geschäftsräumen abgeschlossenen Vertrages?
3.1.
You have the right to revoke this contract within one week without giving any reason. The cancellation notice is one week from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us by means of a clear statement (by mail and registered mail) of your decision to withdraw from this contract.
3.2.
Consequences of revocation
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben; Ein Unkostenbeitrag von pauschal CHF 250.- wird berechnet.

4.1.
The scope of services is based on the agreed services and the external services required to carry out the funeral.
4.2.
Nachträglich zusätzlich in Auftrag gegebene bzw. objektiv notwendige, im Interesse des Auftraggebers liegende Leistungen werden zusätzlich berechnet, Auslagen werden in der tatsächlich geleisteten Höhe weiterberechnet.

5.1.
funeralma^® is authorized with the issuance of the written order to provide or commission the services mentioned in § 4. The power of attorney also includes the authority to make declarations to authorities (e.g. registry office, social insurance carriers, insurance companies) or other third parties (e.g. church parish, florist, newspaper publisher) on behalf of the client or to receive declarations and documents.
5.2.
funeralma^® may commission a third party as its own business or as an external business on behalf of the client. In this respect, the client grants funeralma^® corresponding power of attorney by placing the order and agrees with funeralma^® with regard to the commissioning of third party work.

6.1.
The prices of the funeral service are divided into two categories
a) Own supplies and services:
These are goods sold by us and/or services provided by us. All prices quoted are final prices including the respective statutory value added tax.
b) External services:
Third-party services include all services that are not provided directly by us, but are procured by us on your behalf. These are all services that are provided by third parties. (e.g. medical death certificate, civil death certificates, coffin arrangements and wreaths, newspaper, funeral and thank-you announcements, crematorium and cemetery costs, organists and funeral orators, etc.). All prices quoted by us are final prices including VAT.
6.1.1
The place of the deceased person (place of collection) is decisive for the choice of province and the associated flat rate price of the basic package.
6.2.
The prices of external services are expressly stated by us without obligation. The prices at the time of the actual execution are decisive, in particular for expenses and fees, the amount of which is usually only determined after completion of the funeral service.
6.2.2.
funeralma^® takes no influence, nor the costs themselves of third-party services, such as by authorities (documents, etc.), municipalities (cremation or cemetery costs, etc.) or companies (Leidmahl, room rent, etc.). These additional costs, if any, are usually billed directly to the end customer and are independent of the services provided by funeralma^®.

7.1.
Unless otherwise agreed, the claim for remuneration shall be due for payment immediately and without deduction upon receipt of the invoice by the Client. Payment shall be made to the account specified in the order or invoice. The crediting of the account shall be decisive for the timeliness of the receipt of payment.
7.2.
funeralma^® is entitled to demand advance payments up to the amount of the anticipated partial services (e.g. collection and/or transfer, embedding of the deceased).
7.3.
The receipt of insurance policies, in particular death benefit insurance policies or other documents of value and the assertion of insurance benefits or other claims against insurance companies or third parties shall be made exclusively on behalf and for the account of the client and shall not have any debt-discharging effect.
7.4.
As far as services of funeralma^® are remunerated by third parties, in particular death funds and insurance companies, funeralma^® hall be entitled to offset these payments against its claim to remuneration. The statement of account shall be issued to the client within 30 days of the last receipt of payment, in the case of several third-party payments within 30 days of the last receipt of payment.

Delivered items and goods remain the property until full payment has been received of funeralma^®.

The set-off with other than undisputed or legally established claims is excluded.

The statutory provisions shall apply to the Customer's rights in the event of defects, unless otherwise stipulated below.
10.1.
The statutory provisions shall apply to the Customer's rights in the event of defects, unless otherwise stipulated below.
10.2.
Minor variations in the quality, color, shape of the delivered item in relation to samples or catalog illustrations do not constitute a defect, provided that these are customary in the trade and do not significantly impair the function of the contractual item.
10.3.
Für Schadensersatz haften wir ? gleich aus welchem Rechtsgrund ? bei Vorsatz und grober Fahrlässigkeit. Bei Fahrlässigkeit für Sachschäden haften wir bis zum Wert des Auftrages und für reine direkte Vermögensschäden (ausser sie sind in öffentlich zugänglichen Gegebenheiten) bis zu einer Haftungsbegrenzung von CHF 1’000.-. Indirekte, mittelbare und Folgeschäden sind ausgeschlossen.
10.4.
In publicly accessible laying-out rooms and funeral halls as well as in cemeteries and crematoria, we are generally not liable for mobile valuables such as jewelries, watches, personal coffin gifts, floral arrangements, decorations, etc. Valuables that are left with the deceased person will be handed over to the relatives together with a written list of valuables, which must be countersigned by the relatives.
10.5.
For transfers by air, liability ends after the coffin is abandoned at the airport. The shipping company, the airline, the foreign funeral home or the relatives are responsible for the loading, flight and pick-up at the destination airport.

The period of limitation for claims arising from defects is one year from the date of performance (in particular, burial of the coffin or urn).

If the client terminates the contract before the order has been fulfilled, funeralma^® shall be entitled to demand a lump-sum payment from the client amounting to 50% of the total order sum for the client's own services. Further claims remain reserved.

13.1.
The client confirms to funeralma^®, that the photographic originals or digital image files provided by the customer
a) no third party copyright exists, or
b) there is an existing right of use in its favour.
In the event of an infringement of copyright or rights of use, the client shall indemnify funeralma^® against any liability claims.
13.2.
The client confirms to funeralma^®, that the photos or digital image files may be processed and reproduced without restriction for the printed matter ordered by the client and may be passed on to third parties for the purpose of publishing obituaries/thanksgiving announcements. The image and text material created by funeralma^® is protected by copyright and proprietary rights and may only be used with its permission.
13.3.
Live stream and video recording of the funeral
Upon payment, ownership of any data carriers or physical work results, as well as the right to use intangible rights, shall pass to the client. The client is the owner of these data after payment of the agreed remuneration. funeralma^® is in any case entitled to use the audiovisual works produced within the scope of the order (live streaming, video, photographs, etc.) as showreel or as self-promotion (social media) and to adapt them accordingly for this purpose. The client shall grant funeralma^® all rights of use necessary for this purpose, unlimited in time and space.

The personal data of the client or the relatives are collected and used by us for the purpose of fulfilling our contractual obligations as well as for the execution of the contract, insofar as they are necessary for the fulfillment of the contract. The data will only be passed on to third parties with the consent of the client, unless they are subject to the legal or official duty of disclosure. The data will be stored in the customer database of funeralma^® and treated in accordance with the Swiss Data Protection Law.

Swiss law shall apply exclusively. Place of execution and jurisdiction is 8152 Opfikon, Switzerland.

Should any of the above provisions prove to be invalid or unenforceable in whole or in part or become invalid or unenforceable as a result of statutory changes after conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the meaning and purpose of the invalid provision.

Last updated: 01. January 2023