Terms and Conditions

Effective as of October 2025​

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1. Scope of Application
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These General Terms and Conditions apply to all contracts between

formorgen GmbH & Co. KG
Klosterstraße 21
24211 Preetz, Germany
Email: info@formorgen.de

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– hereinafter referred to as the “Provider” –
and its commercial customers (hereinafter referred to as the “Buyer”),
which are concluded via the website www.evig-urne.de or by other means.

 

Any deviating terms and conditions of the Buyer shall not be recognized unless the Provider expressly agrees to their validity in writing.

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(1) The Provider is liable only for damages resulting from an intentional or grossly negligent breach of duty.
(2) In cases of slight negligence, the Provider is liable only for breaches of material contractual obligations (cardinal obligations); in such cases, liability is limited to foreseeable damages typical for this type of contract.
(3) Liability for consequential damages, lost profits, or other financial losses is excluded.
(4) Upon delivery of the urn to the funeral director, the recipient, or another authorized representative, the risk of accidental loss or damage passes to that party.
(5) The Provider assumes no liability for damage occurring after handover due to improper handling, transport, storage, or other influences by third parties.

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2. Subject Matter of the Contract

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​The seller offers sustainable funeral products and accessories.
Some of the products offered are handmade and may exhibit natural variations in texture, color, and shape. These do not constitute a defect.

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3. Conclusion of the Contract

The presentation of products on the website does not constitute a legally binding offer, but rather an invitation to place an order.
By submitting the order, the buyer makes a binding offer to enter into a purchase contract.
The contract is concluded as soon as the provider accepts the offer by sending an order confirmation via email.

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4. Prices and Payment Terms

All prices listed are exclusive of applicable sales tax and shipping costs.

The following payment methods are accepted:

• Prepayment (bank transfer)

• PayPal

• Credit card

• Invoice (by agreement)

• Unless otherwise agreed, the invoice amount is due within 14 days of the invoice date.

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5. Delivery and Shipping

Shipping is handled by DHL or as otherwise agreed.
Deliveries are made within approximately 14 days of receipt of payment, provided the item is in stock. The seller is not liable for delays caused by the selected shipping partner.

If a product is unavailable, the seller will notify the buyer immediately. In this case, any payments already made will be refunded.

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5. Delivery and Shipping

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Shipping is handled by DHL or as otherwise agreed.
Deliveries are made within approximately 14 days of receipt of payment, provided the item is in stock. The seller is not liable for any delays caused by the selected shipping partner.

If a product is unavailable, the seller will notify the buyer immediately. In this case, any payments already made will be refunded.
 

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6. Warrenty & Liability

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For business customers, the statutory liability for defects applies with the following provision:
The buyer is obligated to inspect the goods for defects immediately upon receipt and to report any defects in writing within 7 days.
Natural material properties or minor variations resulting from the nature of the mycelium material do not constitute grounds for a complaint.

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Special Properties of the Natural Material / Disclaimer of Liability

The EVIG urn is made of a natural, biodegradable mycelium composite material. Due to the nature of the material, the products are sensitive to moisture, wetness, extreme temperature fluctuations, and biological influences from the environment.

Once the goods have been handed over to the funeral director or other commercial customer, formorgen assumes no liability for changes in quality resulting from improper storage, transport, or handling.

These include, in particular, but are not limited to:

• Insect infestation,

• Mold growth,

• Moisture absorption

• Deformations or discoloration,

• or other damage to the material caused by environmental or storage conditions.
   

The funeral director is obligated to store the product exclusively in dry, clean, and well-ventilated indoor areas and to protect it from moisture, contact with the floor, and direct exposure to water.

Liability for damages resulting from failure to comply with these storage conditions is excluded.

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The provider is liable only for damages resulting from an intentional or grossly negligent breach of duty.
For slight negligence, the provider is liable only in the event of a breach of material contractual obligations (cardinal obligations).
Liability is limited to foreseeable damages typical for this type of contract.
Liability for consequential damages, lost profits, or other financial losses is excluded.

(Upon handover of the urn to the funeral director, the recipient, or another authorized representative, the risk of accidental loss or damage passes to that party.
The provider assumes no liability for damage occurring after handover due to improper handling, transport, storage, or other influences by third parties.

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​7. Retention of Title

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The goods remain the property of formorgen GmbH & Co. KG until full payment has been made.​​

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8. Right of Withdrawal and Returns

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There is no right of withdrawal for custom-made or personalized products, provided there is no defect.

In all other respects, the statutory provisions regarding the right of withdrawal apply.

Returns may only be made by prior arrangement.​​

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10. Copyrights and Design Protection

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All content, designs, images, and text displayed on the website are protected by copyright and are the property of formorgen GmbH & Co. KG.

Any use, reproduction, or publication requires the express consent of the provider.

 

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11. Data Protection

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The collection, processing, and use of personal data are carried out in accordance with our Privacy Policy.

 

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12. Jurisdiction and Governing Law

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The laws of the Federal Republic of Germany apply.

The place of jurisdiction is—to the extent permitted by law—Plön.

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13. Final Provisions

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Should individual provisions of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by the applicable statutory provision.

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