When selling tombstones. The Consumer Purchase Act (1990:932) contains provisions on the seller's and the buyer's rights and obligations in consumer purchases. The provisions below relate to the Consumer Purchase Act.
Reception/assembly
The headstone is considered delivered when it has been installed at the grave site and the installation work has been completed. The tombstone must be delivered within a reasonable time from the purchase - depending on the administration's regulations, installation can take place between 3-12 months after the last burial.
Costs for the headstone
The transport costs and installation of the tombstone, which arise before the delivery and are not due to the delivery being delayed as a result of any relationship from the buyer, have been clearly stated before the order is approved by the customer.
Risks of the tombstone
Damages that occur after delivery and installation are not compensated by the seller.
Delayed payment
In the event of late payment, statutory late payment interest is charged.
Mounting
Installation of headstones takes place according to the Central Grave Care Committee's installation instructions for headstones.
Reclaim
The buyer needs to notify the seller in writing of errors on the gravestone with an attached picture. the error must be notified within a reasonable time. If the buyer does not complain within 3 years from the completion of the work on the tombstone, he loses the right to invoke the fault, unless otherwise follows from a guarantee or similar statement.
Right of withdrawal
The consumer has the right to a 14-day right of withdrawal starting when the buyer receives the item and is responsible for returning it to the seller in the same condition as purchased. However, the right of withdrawal does not apply to goods that are specially manufactured according to the consumer's instructions or that have a clear personal touch, for example a tombstone.
Actions in case of defects
Defects are detected on tombstones that have not been damaged by external influences after installation.
This will be fixed as soon as possible.
The consumer's right to damages
Under the conditions specified in the Consumer Purchase Act, the buyer has the right to compensation for damage - e.g. expenses and losses – incurred by him because the goods are faulty or through the seller's delay. However, the damages do not include compensation for loss in business activities. The consumer is obliged to take reasonable measures to limit his damage.
The price
If a fixed price is not agreed upon, the buyer must pay what is reasonable with regard to the nature and condition of the tombstone, the current price at the time of the purchase and other circumstances.
Penalties for late payment
If the buyer does not pay on time and it is not due to the seller, the seller has the right to cancel the purchase and claim damages according to the conditions specified in the Consumer Purchase Act. This shall also apply if the goods have come into the buyer's possession.
Buyer's right to cancellation
The buyer has the right to cancel the tombstone before it is delivered. If the buyer cancels the headstone, the seller is entitled to reasonable compensation for his costs to fulfill the agreement and for his special costs as a result of the cancellation, according to the conditions specified in the Consumer Purchase Act. The seller is also entitled to reasonable compensation for his losses in general due to the cancellation.
Dispute
Disputes relating to the interpretation or application of these provisions must first be resolved by agreement between the parties. If the parties cannot agree, the dispute can be referred to the responsibility committee of the National Association of Grave Care Companies (GRO). The dispute can also be tried by the General Complaints Board (ARN) to the extent that the board is competent or by a general court.