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 B.V. sells wooden funeral products, such as urns.
In these general terms and conditions you'll find the conditions under which you can buy products from Memories to Keep B.V. We have done our best to make these general terms and conditions as clear as possible, using legal terms only where absolutely necessary. If you have any questions about (parts of) these Terms and Conditions, please do not hesitate to contact us firstname.lastname@example.org.
Article 1 – Terms and definitions
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
For the readability of the conditions, the consumer or reseller will also be referred to as 'you' and the consumer or reseller and Memories to Keep will be referred to as 'parties'.
Article 2 – Applicability
1. These General Terms and Conditions apply to the offer, quotations, agreements, invoices and the delivery of products by or on behalf of Memories to Keep.
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. When you order a product in the webshop, you are asked to accept these General Terms and Conditions in advance.
4. When you agree to the offer by Memories to Keep, Memories to Keep assumes that you are familiar with these General Terms and Conditions and agree with their content.
5. Memories to Keep reserves the right to amend these General Terms and Conditions. The latest version of the General Terms and Conditions is always displayed on the website.
6. These General Terms and Conditions also apply to agreements for additional work, amended and follow-up agreements.
7. 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.
8. 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 possible the same scope and purpose of the original provision.
9. In the event that a provision in these General Terms and Conditions is contrary to an agreement concluded between the parties, the content of the agreement shall prevail over these General Terms and Conditions.
Article 3 – Offer
1. An offer in the webshop is without obligation. This means that Memories to Keep can change the offer. If an offer has a limited period of validity or if specific conditions apply to the offer, this will be explicitly stated in the offer.
2. All prices mentioned include tax (VAT) unless otherwise specified.
3. When images are displayed in the webshop, these images are a true representation of the products offered. However, the provisions of Article 10(3) of these General Terms and Conditions remain applicable as the products of Memories to Keep are made of natural materials.
4. You ensure that any data provided to Memories to Keep will be correct, up to date and complete.
5. The content of the agreement/contract consists solely of the products described in the offer.
6. Memories to Keep is not bound by any apparent programming/typing errors in the offer or on the website and/or social media channels. This means that in such a case, Memories to Keep is not obliged to deliver the product at the incorrect price.
7. When the term for a promotion or offer has expired, Memories to Keep can no longer be held to the promotion rate and the promotion conditions of that offer.
Article 4 - Realisation of the agreement
1. The agreement between the consumer and Memories to Keep will be realised when:
a. the consumer digitally agrees to the offer by Memories to Keep by indicating the product of their choice on the website, completing the order and complying with the conditions set;
b. 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. You agree that all the usual means of communication, in particular those that make use of an Internet connection, may be used to communicate.
Article 5 – Right of dissolution (right of withdrawal)
1. The Memories to Keep website contains an online store where physical products can be purchased remotely. When the consumer places an order in the Memories to Keep webshop, a distance agreement 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) calendar days of receiving the product. Should the consumer wish to invoke the right of withdrawal, they should notify Memories to Keep of this in writing, within fourteen (14) calendar days. The consumer may also complete the standard withdrawal form. The consumer should subsequently return the product to Memories to Keep within fourteen (14) calendar 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 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 sealed 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, photo products or urns commissioned by the consumer.
7. The statutory right of withdrawal only applies to distance contracts.
Article 6 - The content of the agreement
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.
4. If you order a photo product, the following additional conditions apply:
a. The quality of the photo you provide can influence the result of the photo product;
b. Photos are printed by a third party. This requires Memories to Keep to share your photo with this party. You are aware of this and agree;
c. Memories to Keep cannot be held responsible for minor differences in colour between the photo you have delivered and the photo product;
d. Memories to Keep will handle the photo provided by you with care;
e. Photo products are excluded from the statutory right of withdrawal as set out in Article 5 of these General Terms and Conditions.
Article 7 - Delivery and postage
1. Memories to Keep will fill all confirmed orders within thirty (30) calendar 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 by an external transport company 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 to the consumer/reseller 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.
Article 8 - Additions to and deviations from these provisions for reselling
1. Offers for reselling are valid for ten (10) calendar days after the quotation date.
2. All prices mentioned include tax (VAT) unless otherwise indicated.
3. The agreement 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 the 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 and payment by the reseller. 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 sale 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) calendar 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.
Article 9 - 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. Memories to Keep has the right to change its prices. Current prices are always shown in the offer in the webshop.
3. 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. The ordering process includes an option to pay afterwards.
4. Memories to Keep retains full ownership of the products delivered until the consumer/reseller has met their payment obligation.
5. If you do not meet your payment obligation, you will receive a one-time payment reminder. After that you are in default by operation of law and statutory interest will be charged on the amount due. Statutory collection costs also apply.
Article 10 - Warranty and liability
1. Memories to Keep takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment and appropriate security measures.
2. 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.
3. The Memories to Keep product are made of natural materials. Variations in the grain and pores of the wood, markings and colour differences in the hide can cause slight deviations in the products from any models or illustrations shown or provided to the consumer/reseller by Memories to Keep.
4. 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.
5. Excluded from guarantee are products which the consumer/reseller has personally repaired/modified and/or has allowed third parties to repair/modify.
6. The consumer is obliged to comply with the maintenance instructions supplied.
7. 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.
Article 11- 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, you should notify Memories to Keep of this in writing, describing your complaint clearly and in full, as soon as possible after its creation.
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.
Article 12 - Applicable law and competent court
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 of the Zeeland-West-Brabant district court, 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.
3. In all cases, the parties will first try to reach a solution together.
Version February 2022 1