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General Terms and Conditions
Memories to keep B.V. is established at Oranjeplein 90, 5104 HJ in Dongen, the Netherlands, and is registered with the Trade Register of the Chamber of Commerce under number 76584852. Memories to keep B.V. sells wooden (memorial) products such as urns.
These general terms and conditions describe the conditions under which you can purchase products from Memories to keep B.V. We have made every effort to draft these terms and conditions as clearly as possible and to use as little legal jargon as possible. If you have any questions about (parts of) these terms and conditions, please feel free to contact us at info@memoriestokeep.com
Article 1 – Definitions
In these general terms and conditions, certain terms are used repeatedly. In order to avoid any discussion about their meaning, this article explains what is meant by these terms.
Memories to keep: this is us, the legal entity that sells products and is therefore the user of these general terms and conditions.
Consumer: the natural person who does not act in the course of a profession or business and who enters into an agreement and/or a distance contract with Memories to keep.
Reseller: the natural person who does act in the course of a profession or business, or the legal entity that enters into a resale agreement with Memories to keep.
In writing: both traditional written communication and digital communication, such as communication by e-mail.
Website: the website of Memories to keep: https://memoriestokeep.com
For the sake of readability of these general terms and conditions, the consumer and the reseller may also be referred to as “you”, and the consumer/reseller and Memories to keep together are also referred to as the “parties”, or individually as a “party”.
Article 2 – Applicability
1. These general terms and conditions apply to all offers, quotations, agreements, invoices and the delivery of products by or on behalf of Memories to keep.
2. Any general terms and conditions used by the reseller, under whatever name, are expressly excluded. Deviations from and additions to these general terms and conditions shall only apply if they have been expressly accepted in writing by Memories to keep.
3. When you place an order in the webshop, you will be asked in advance to agree to these general terms and conditions.
4. By accepting an offer from Memories to keep, Memories to keep assumes that you are familiar with these general terms and conditions and agree to their content.
5. Memories to keep may amend these general terms and conditions. The most recent version of the general terms and conditions will always be displayed on the website. In the case of ongoing agreements, you will be notified in writing in advance of any intended amendments.
6. These general terms and conditions also apply to additional work agreements, amended agreements and subsequent agreements.
7. If one or more provisions of these general terms and conditions prove to be null and void or voidable (invalid), the remaining provisions shall remain fully applicable, and the
parties shall negotiate on the content of a new provision. This new provision shall, as far as possible, reflect the intent and purpose of the original provision.
8. In the event that a provision of these general terms and conditions conflicts with an agreement concluded between the parties, the provisions of the agreement shall prevail over these general terms and conditions.
Article 3 – Offer
1. An offer in the webshop is non-binding. This means that Memories to keep may amend the offer. If an offer has a limited period of validity or if conditions apply to the offer, this will be expressly stated in the offer.
2. All prices stated in the offer include VAT, unless stated otherwise.
3. The images shown are a true representation of the products offered. The provisions of Article 10(3) of these general terms and conditions remain applicable, as the products of Memories to keep are made from natural materials.
4. You are responsible for ensuring that the information you provide to Memories to keep is correct, up to date and complete.
5. The content of the agreement consists exclusively of the products described in the offer.
6. Memories to keep is not bound by obvious mistakes and typographical errors in the offer, nor by programming and/or typing errors on the website and/or social media channels. This means that Memories to keep is not obliged to deliver the product at an incorrect price.
7. Once the period of a promotion or offer has expired, Memories to keep can no longer be held to the promotional price and the promotional conditions of that offer.
Article 4 – Formation of the Agreement
1. The agreement between the parties is concluded at the moment that:
a. the consumer digitally accepts the offer of Memories to keep by selecting the product of his or her choice on the website, completing the order and complying with the applicable conditions;
b. Memories to keep confirms an order to the consumer by e-mail; c. the consumer accepts an offer made by Memories to keep by e-mail.
2. The parties agree that all means of communication customary at the time may be used for communication, in particular means of communication that make use of an internet connection.
Article 5 – Right of Termination (Right of Withdrawal)
1. The website of Memories to keep contains a webshop in which physical products can be purchased at a distance. When the consumer places an order in the webshop of Memories to keep, a distance contract is concluded between the consumer and Memories to keep.
2. In the case of a distance contract, the consumer has the right to terminate the agreement within fourteen (14) calendar days after receipt of the product, without giving reasons and free of charge. The statutory right of withdrawal commences on the day after the consumer has received the product. In the case of multiple products in the same order, the statutory right of withdrawal commences on the day on which the consumer has received the last product. If the consumer wishes to exercise this right, the consumer must notify Memories to keep in writing within fourteen (14) calendar days. For this purpose, the consumer may
use the Model Withdrawal Form or send an e-mail. The consumer must subsequently return the product to Memories to keep within fourteen (14) calendar days after termination. The costs of return shipment shall be borne by the consumer.
3. During the withdrawal period, the consumer may unpack the product in order to assess the nature and characteristics of the product in a manner comparable to how this would be done in a physical store. The consumer shall handle the product with due care. In the event that a decrease in value occurs as a result of unpacking or using the product, the consumer shall be liable for such depreciation.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
5. The statutory right of withdrawal does not apply to sealed products which are not suitable for return for reasons of hygiene, if these products have been used by the consumer. This includes, among others, (mini) urns.
6. The statutory right of withdrawal also does not apply to products that are custom-made according to the consumer’s specifications and are produced on the basis of an individual choice or decision of the consumer, or to products that are clearly intended for a specific person. This includes, among others, engraved products, photo products or urns that are made to order at the request of the consumer.
7. The statutory right of withdrawal applies exclusively to agreements concluded at a distance.
Article 6 – Content of the Agreement
1. If no specific standards or requirements have been agreed upon, Memories to keep shall deliver in accordance with what Memories to keep could reasonably assume.
2. Memories to keep guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded.
3. The products offered by Memories to keep possess the characteristics that Memories to keep has made known with regard to those products in the offer. Memories to keep cannot guarantee that the products are suitable for the purpose for which the consumer intends to use them.
4. In the event that you order a photo product, the following additional conditions apply:
a. The quality of the photo provided by you may affect the final result of the photo product;
b. Memories to keep cannot be held responsible for minor colour differences between the photo provided by you and the photo product;
c. Memories to keep shall handle the photo provided by you with due care;
d. 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 & Shipment
1. Memories to keep shall fulfil accepted orders no later than within thirty (30) calendar days, unless a different delivery period has been agreed. If a delivery period cannot be met, Memories to keep shall inform the consumer thereof without undue delay. In that case, the consumer has the option to terminate the agreement within seven (7) calendar days after receiving such notification and to claim a refund of the purchase price. Memories to keep shall refund the prepaid amount to the consumer within thirty (30) days.
2. Products are delivered by an external carrier to the address specified by the consumer during the ordering process / the delivery address made known to Memories to keep by the reseller, or, by mutual agreement, may be collected from Memories to keep.
3. The risk of damage to and/or loss of the products passes to the consumer/reseller at the moment of delivery to the consumer/reseller or to a third party designated in advance by the consumer/reseller and made known to Memories to keep.
4. All prices stated include shipping costs, unless stated otherwise. For shipments outside the Netherlands, shipping costs are not included.
Article 8 – Additional / Deviating Provisions for Resale
1. Quotations for resale are valid for ten (10) calendar days after the quotation date.
2. All prices stated are exclusive of VAT, unless agreed otherwise.
3. The agreement between the reseller and Memories to keep is concluded at the moment the reseller accepts the offer of Memories to keep in writing, or when Memories to keep confirms an order to the reseller in writing.
4. Memories to keep reserves the right to refuse orders from the reseller, for example if the reseller has failed to meet its payment obligations in the past, or if the reseller causes damage to the products of Memories to keep or to the good name and reputation of Memories to keep.
5. The statutory right of withdrawal does not apply to resellers.
6. Delivery periods are agreed upon in consultation. A delivery period agreed by the parties commences once Memories to keep has received all required information and the reseller’s payment. An agreed delivery period shall in no event be considered a strict or fatal deadline. Exceeding the delivery period shall not automatically place Memories to keep in default.
7. The reseller agrees that the agreement between Memories to keep and the reseller is not based on exclusivity and that Memories to keep also cooperates with other resellers.
8. Memories to keep is entitled to impose a maximum resale price or recommended retail price on the reseller.
9. The reseller is obliged to pass on the supplied maintenance and/or usage instructions to its customers. If the reseller fails to do so, the reseller shall indemnify Memories to keep against claims from customers and end users.
10. The reseller shall receive an invoice. The payment term for invoices is fourteen (14) calendar days after the invoice date.
11. If payment has not been received by Memories to keep in time, Memories to keep is entitled to charge the reseller monthly interest of five percent (5%) and collection costs of ten percent (10%) of the outstanding claim, with a minimum of €150.00. Any part of a month shall be regarded as a full month.
12. All intellectual property rights relating to the product and its design, including promotional materials intended to promote the sale of the product, vest exclusively in Memories to keep.
13. If Memories to keep decides to initiate a product recall with respect to products supplied to the reseller, the reseller is obliged to fully cooperate. Such cooperation includes, among other things, tracing sold products, informing customers or end users, retrieving the relevant products, providing necessary information and cooperating in reporting to the authorities.
14. In order to protect the image and trade name of Memories to keep, the reseller undertakes to:
a. sell the products exclusively through sales channels with a professional webshop or physical store that complies with applicable laws and reasonable standards in the field of customer service and product presentation;
b. ensure correct and complete product information and adequate packaging and shipment.
Article 9 – Prices and Payment
1. All costs arising from circumstances that Memories to keep could not reasonably have foreseen at the time the agreement was concluded shall be borne by the consumer/reseller.
2. Memories to keep reserves the right to amend its prices. Current prices are always displayed in the offer in the webshop.
3. Products must be paid for via a payment method designated by Memories to keep, immediately after completion of the order. The consumer will automatically receive an order confirmation at the e-mail address provided by the consumer. The ordering process includes an option for payment after delivery.
4. Memories to keep remains the owner of the delivered products until the consumer/reseller has fulfilled all payment obligations.
5. If you fail to meet your payment obligations, you will receive a one-time payment reminder. Thereafter, you shall be in default by operation of law and statutory interest will be charged on the outstanding amount. In addition, the statutory collection costs shall then apply.
Article 10 – Warranty & Liability
1. Memories to keep takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment with appropriate security measures.
2. Upon delivery, the product must be inspected immediately by the consumer/reseller for quality, visible damage, characteristics or defects. The consumer/reseller must report any such issues to Memories to keep in writing without undue delay.
3. The products of Memories to keep are made from natural materials. Due to, among other things, variations in wood grain and pores, patterns and colour differences in the material, products may differ slightly from any models or images shown or provided by Memories to keep to the consumer/reseller.
4. Direct sunlight, moisture, air, cleaning agents, heat and high temperatures may affect the colour and/or strength of the product over time. Friction, intensive use, and impacts or dropping may also affect the colour and/or strength of the product. Memories to keep cannot provide any warranty in this respect.
5. Warranty is excluded for products that have been repaired and/or modified by the consumer/reseller themselves or have been repaired and/or modified by third parties.
6. The consumer is obliged to comply with the supplied maintenance and/or usage instructions.
7. In all cases, the liability of Memories to keep is limited to a maximum of the amount paid out under its liability insurance, increased by the amount of the deductible. If no liability insurance has been taken out, if the insurer does not pay out, or if the damage is not covered under the insurance, the liability of Memories to keep shall be limited to a maximum of the purchase price of the relevant product.
8. The limitations of liability included in this article do not apply in the event of intent or wilful misconduct (conscious recklessness) on the part of Memories to keep.
Article 11 – Complaints
1. If you are not satisfied with the services of Memories to keep or have a complaint regarding the performance of the agreement, you must notify Memories to keep in writing as soon as possible after the complaint arises, providing a full and clear description.
2. Memories to keep shall provide a substantive response to the complaint within fourteen (14) calendar days after receipt and, where possible, propose a solution.
3. The submission of a complaint does not suspend your payment obligation. The exclusion of the right of suspension does not apply to consumers.
Article 12 – Privacy
1. The privacy statement of Memories to keep also applies to all agreements and these general terms and conditions. The privacy statement can be consulted via the website.
2. The privacy statement describes, among other things, which personal data Memories to keep processes, for what purposes and on which legal basis, how long the data are retained, with whom they are shared and how they are protected. The privacy statement also sets out the rights of data subjects.
3. Memories to keep shall process the personal data provided by you solely in accordance with the privacy statement.
Article 13 – Applicable Law and Jurisdiction
1. All agreements concluded and to be concluded by Memories to keep, as well as these general terms and conditions, are governed exclusively by Dutch law.
2. All disputes shall be submitted to the competent court of the District Court of Zeeland-West-Brabant, unless a mandatory statutory provision provides otherwise. This also applies to disputes that are regarded as such by only one of the parties.
3. In all cases, the parties shall first attempt to resolve any dispute jointly and amicably.
January 2026
