General Terms and Conditions

Memories to Keep B.V. has its office at Oranjeplein 90, 5104 HJ in Dongen (The Netherlands) and is registered in the Trade Register of the Chamber of Commerce (KvK) under number: 76584852. Memories to Keep sells wooden funeral products, such as urns.

Terms
In these General Terms and Conditions, the following terms are defined as:
Memories to keep: the legal person who sells those products and consequently the user of these General Terms and Conditions.
Consumer: the natural person, not acting in the performance of a profession or undertaking, who enters into a contract and/or a distance contract with Memories to Keep.
Reseller: the natural person acting in the performance of a profession or undertaking or legal person that enters into a reseller agreement with Memories to Keep.
Written: both traditional written communication and digital communication such as email.
Website: the Memories to Keep website: https://memoriestokeep.nl

Applicability
1. These General Terms and Conditions also apply to agreements for additional work, amended agreements and follow-up agreements.
2. Applicability of the General Terms and Conditions of the resellers, by whatever name, is explicitly rejected. Deviations from and additions to these General Terms and Conditions are only applicable if they have been explicitly accepted in writing by Memories to Keep.
3. These General Terms and Conditions also apply to agreements for additional work, amended agreements and follow-up agreements.
4. Memories to Keep reserves the right to amend and/or add to these General Terms and Conditions. You will be notified of this in advance.
5. If one or more provisions in these General Terms and Conditions should be invalid or voidable, the remaining provisions will continue to be fully applicable, and parties will negotiate the content of a new provision. Any such new provision will have as far as is possible the same purport as the original provision.
6. In the event of conflict between the content of these General Terms and Conditions and an agreement/contract entered into by a consumer/reseller and Memories to Keep, the content of the agreement/contract will prevail.

Offer
1. An offer or order made will lapse if the consumer does not pay immediately, unless otherwise agreed.
2. All prices mentioned include tax (btw) unless otherwise specified.
3. The consumer/reseller will ensure that any data provided to Memories to Keep will be correct, up to date and complete.
4. The content of the agreement/contract consists solely of the products described in the offer.
5. Memories to Keep is not bound by any apparent programming/typing errors in the offer or on the website and/or social media channels.

Realisation of the agreement/contract
1. The agreement between the consumer and Memories to Keep will be realised:
a. When the consumer digitally agrees with the offer made by Memories to Keep by indicating the product of their choice and completing the order. Only when payment has been made in full will the order be processed;
b. When Memories to Keep has confirmed by email the order made by the consumer;
c. When the consumer confirms their agreement with an offer made by Memories to Keep in an email;
2. When the consumer/reseller agrees that all the usual means of communication, in particular those that make use of an Internet connection, may be used to communicate.

Right of withdrawal
1. When the consumer places an order on the Memories to Keep website, a distance agreement/contract is created between the consumer and Memories to Keep.
2. In the case of a distance contract, the consumer has the right to annul the agreement/contract within fourteen (14) days of receiving the product. Should the consumer wish to invoke the right of withdrawal, the consumer should notify Memories to Keep of this in writing, within fourteen (14) days. The consumer should subsequently return the product to Memories to Keep within fourteen (14) days of annulment. The consumer must pay the postage costs of the return.
3. During the cooling-off period, the consumer may unpack the product with the aim of establishing the nature and features of the product in the same way as they would do this in the shop. The consumer will treat the product with care. The consumer is liable for any reduction in value caused by unpacking or using the product.
4. The risk and the burden of proof with regard to the correct and prompt exercise of the right of withdrawal lies with the consumer.
5. The statutory right of withdrawal does not apply to products which are unsuitable for return, for reasons of hygiene, if the consumer has already used these products. This refers to such products as urns and mini urns.
6. Neither does the statutory right of withdrawal apply to products which have been tailor-made according to specifications provided by the consumer and based on an individual choice or decision on the part of the consumer or products clearly intended for a specific person. These include engraved products or urns commissioned by the consumer.
7. The statutory right of withdrawal only applies to distance contracts.

The content of the agreement/contract
1. In the event no specific norms or requirements have been agreed, Memories to Keep will supply in accordance with that which Memories to Keep might reasonably assume.
2. Memories to Keep guarantees that products comply with the agreement/contract, the specifications detailed in the offer, the reasonable demands of soundness and/or usability and the statutory provisions and/or government requirements existing on the date of the realisation of the agreement/contract.
3. The products offered by Memories to Keep have the properties communicated by Memories to Keep with respect to the products in the offer. Memories to Keep cannot guarantee that the products are suitable for the purpose for which the consumer wishes to use them.

Delivery and postage
1. Memories to Keep will fill all confirmed orders within thirty (30) days unless a different delivery period has been agreed. In the event a delivery date cannot be met, Memories to Keep will notify the consumer of this without unnecessary delay. In that case, the consumer has the option of annulling the agreement/contract and claiming restitution of the purchase price within seven (7) days of receiving that notification. Memories to Keep will repay the consumer the amount paid in advance within thirty (30) days.
2. Products will be delivered to the address provided by the consumer in the ordering process/the delivery address provided to Memories to Keep by the reseller or, by agreement, collected from Memories to Keep.
3. Any risk of damage and/or loss of products is transferred from the moment of delivery to the consumer/reseller or a representative designated by the consumer/reseller and made known to Memories to Keep beforehand, unless otherwise agreed.
4. All prices mentioned include postage unless otherwise indicated. Prices for delivery abroad do not include postage.

Additions to and deviations from these provisions for reselling
1. Offers for reselling are valid for ten (10) days.
2. All prices mentioned include tax (btw) unless otherwise indicated.
3. The agreement/contract between Memories to Keep and the reseller will be realised when the reseller agrees in writing to the offer made by Memories to Keep or when Memories to Keep confirms in writing an order submitted by the reseller.
4. Memories to Keep has the right to refuse orders submitted by the reseller, for example in the event that the reseller has failed to meet payment obligations in the past or has caused damage to the product or professional reputation of Memories to Keep.
5. The statutory right of withdrawal does not apply to resellers.
6. Delivery periods will be agreed in consultation. An agreed delivery period will start as soon as Memories to Keep has received all the necessary information from the reseller and payment. Under no circumstances can an agreed delivery period be regarded as a strict deadline.
7. The reseller agrees that the agreement/contract between themselves and Memories to Keep is not based on exclusivity and that Memories to Keep also collaborates with other resellers.
8. Memories to Keep is entitled to impose a maximum selling or recommended price on the reseller.
9. The reseller is obliged to pass on the maintenance instructions to their buyers.
10. The reseller will receive an invoice. The payment period for invoices is fourteen (14) days after the invoice date.
11. Should the payment fail to be received on time by Memories to Keep, Memories to Keep is entitled to charge the reseller a monthly interest rate of five percent (5%) and collection costs of ten percent (10%) with a minimum of 150 euros. A fraction of a month will count as a whole month.
12. All intellectual property rights with regard to the product and its design, including material for the promotion of sales of the product, rest exclusively with Memories to Keep.

Prices and payment
1. All costs resulting from circumstances which Memories to Keep need not, in all reasonableness, take into consideration when entering the agreement/contract, shall be borne by the consumer/reseller.
2. Products should be paid for immediately following conclusion of the order, by a payment method indicated by Memories to Keep. The consumer will receive confirmation of the order automatically at the email address they have provided.
3. Memories to Keep retains full ownership of the products delivered until the consumer/reseller has met their payment obligation.

Guarantee and liability
1. The consumer/reseller should inspect the product on delivery for quality, visible damage, features, or defects and notify Memories to Keep of this in writing without unnecessary delay.
2. The products of Memories to Keep are made of natural materials. Variations in the grain and pores of the wood, markings and colour differences in the skin can cause slight deviations in the products from any models or illustrations shown or provided to the consumer/reseller by Memories to Keep.
3. Direct sunlight, dampness, air, detergents, warmth, and heat can influence the colour and/or robustness of the product over time. Rubbing, intensive use and knocking or dropping the product can also influence the colour and/or robustness. Memories to Keep can make no guarantees about this.
4. Excluded from guarantee are products which the consumer/reseller has personally repaired/modified and/or has allowed third parties to repair/modify.
5. The consumer is obliged to comply with the maintenance instructions supplied.
6. The liability of Memories to Keep is limited to reimbursement of the purchase price or redelivery of the product. In all cases, the liability of Memories to Keep is limited to no more than the amount paid out by their liability insurance, augmented by the amount of their excess. If no liability insurance has been taken out, the insurance provider does not agree to pay out or the damage is not covered by the insurance, the liability of Memories to Keep is limited to no more than the purchase price of the product concerned.

Complaints
1. If you are dissatisfied with the service Memories to Keep provides or if you have a complaint about the implementation of the agreement/contract, you should notify Memories to Keep of this in writing, describing your complaint clearly and in full, no later than fourteen (14) days after the complaint arose.
2. Memories to Keep will respond to the substance of the complaint no later than fourteen (14) days after having received the complaint and where possible, offer a solution.
3. For consumers who have a complaint about a purchase made through our website, it is possible to submit a complaint through the ODR platform at http://ec.europa.eu/odr.
4. Submitting a complaint does not exempt you from your payment obligation.

Applicable law and jurisdiction
1. Dutch law is exclusively applicable to all agreements/contracts entered into by Memories to Keep and to these General Terms and Conditions.
2. All disputes will be submitted to the competent judge in Breda unless there is an overriding statutory provision that precludes this. This also applies to disputes that are seen by only one of the parties as a dispute.

Version March 2021