Terms & Conditions
Table of Contents
- Article 1 – Definitions
- Article 2 – Identity of the Entrepreneur
- Article 3 – Applicability
- Article 4 – The Offer
- Article 5 – The Agreement
- Article 6 – Right of Withdrawal
- Article 7 – Costs in Case of Withdrawal
- Article 8 – Exclusion of the Right of Withdrawal
- Article 9 – The Price
- Article 10 – Conformity and Warranty
- Article 11 – Delivery and Execution
- Article 12 – Duration Transactions: Duration, Termination, and Renewal
- Article 13 – Payment
- Article 14 – Complaints Procedure
- Article 15 – Disputes
- Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Duration transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
- Durable data carrier: any tool that enables the consumer or entrepreneur to store information personally addressed to them in a way that future consultation and unaltered reproduction is possible.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- Model withdrawal form: the withdrawal form made available by the entrepreneur which a consumer may use when exercising the right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, using exclusively one or more remote communication techniques.
- Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being physically present at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company: Memo Mundi
Address: Nieuwezijds Voorburgwal 104, 1012SG Amsterdam
Email: contact@memomundi.com
Chamber of Commerce: 98494414
VAT number: NL005153482B61
If the entrepreneur’s activity is subject to a licensing system, information about the supervisory authority must be provided.
If the entrepreneur practices a regulated profession:
- The professional association or organization with which they are registered;
- The professional title and the EU/EEA country in which it was granted;
- A reference to applicable professional rules in the Netherlands and where they can be accessed.
Article 3 – Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms shall be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the terms can be viewed and that they will be sent free of charge upon request.
If the contract is concluded electronically, the terms may be provided electronically in such a way that they can be stored by the consumer on a durable data carrier.
If specific product or service conditions also apply, the same provisions apply. In the event of conflicting terms, the consumer may rely on the provision that is most favorable to them.
If one or more provisions of these terms are void or annulled, the remaining provisions shall remain valid. The void provision will be replaced by a provision that reflects the original intention as closely as possible.
Situations not covered in these conditions must be assessed “in the spirit” of these terms.
Uncertainties regarding the interpretation of one or more provisions should be interpreted “in the spirit” of these terms.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated.
The offer is non-binding; the entrepreneur may change or adjust it.
The offer includes a complete and accurate description of the products/services. Images represent the products truthfully, but obvious mistakes do not bind the entrepreneur.
All images, specifications, and data are indicative.
Each offer clearly states the rights and obligations attached to acceptance, including:
- Price including taxes;
- Shipping costs;
- The method of concluding the agreement;
- Whether the right of withdrawal applies;
- Payment, delivery, and execution conditions;
- The period during which the offer and price are valid;
- Whether the contract will be archived;
- How the consumer can correct data before concluding the contract;
- Available languages;
- Applicable codes of conduct;
- The minimum duration of the contract in case of duration transactions;
- Optional details: available sizes, colors, materials.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets its conditions.
When acceptance occurs electronically, the entrepreneur shall confirm receipt promptly.
The entrepreneur shall take appropriate technical and organizational measures to secure electronic transactions.
The entrepreneur may investigate whether the consumer can meet payment obligations. Based on this, the entrepreneur may refuse an order or apply special conditions.
Upon delivery, the entrepreneur will provide:
- The business address for complaints;
- Conditions for the right of withdrawal;
- Warranty information;
- Information from Article 4(3), if not already provided;
- Termination requirements for contracts of more than one year.
Every agreement is subject to sufficient availability of ordered products.
Article 6 – Right of Withdrawal
For product delivery:
The consumer may withdraw from the contract within 14 days without providing a reason. This period begins the day after receipt of the product.
The consumer shall handle the product and packaging carefully and only inspect the product to the extent necessary.
To exercise the withdrawal right, the consumer must notify the entrepreneur within 14 days via the model withdrawal form. They must return the product within 14 days after notification.
If the consumer does not follow the withdrawal procedure within the specified periods, the purchase becomes final.
For service delivery:
The consumer may withdraw within at least 14 days after concluding the service contract.
Article 7 – Costs in Case of Withdrawal
The consumer bears the return shipping costs.
If the consumer has paid an amount, the entrepreneur shall refund it as soon as possible, but no later than 14 days after withdrawal—provided the product has been returned or proof of return is supplied.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the withdrawal right only if this is clearly stated prior to contract conclusion.
Exclusion is possible for products:
- Made according to the consumer’s specifications (including custom-made notebooks and other personalized stationery);
- That are personal in nature;
- That cannot be returned due to their nature;
- That perish or age quickly;
- Subject to financial market fluctuations;
- Newspapers and magazines;
- Audio/video/software with broken seals;
- Hygiene products with broken seals.
Exclusion is possible for services:
- Accommodation, transport, catering, leisure activities on a specific date;
- Where execution has begun with consumer consent before the cooling-off period ends;
- Betting and lotteries.
Article 9 – The Price
Prices will not increase during the offer period except for VAT changes.
Products linked to financial market fluctuations may vary in price.
Prices include VAT.
Typographical errors do not bind the entrepreneur.
Article 10 – Conformity and Warranty
The entrepreneur ensures products/services comply with the contract, specifications, and legal requirements.
Defects must be reported within 4 weeks.
The warranty period equals the manufacturer’s warranty.
Warranty does not apply if:
- The consumer has repaired/modified the product;
- The product was misused or treated carelessly;
- Defects result from government regulations on materials.
Article 11 – Delivery and Execution
The entrepreneur will take utmost care in receiving and executing orders.
Delivery occurs at the address provided by the consumer.
Orders will be executed as soon as possible, no later than 30 days, unless agreed otherwise. If delayed, the consumer may cancel the contract.
The entrepreneur will refund payments within 14 days after cancellation.
If the ordered product is unavailable, a replacement may be provided.
The risk passes to the consumer upon delivery.
Article 12 – Duration Transactions: Duration, Termination, Renewal
Termination:
- The consumer may terminate an indefinite contract at any time with max. one month’s notice.
- A fixed-term contract may be terminated at the end of its term with max. one month’s notice.
- Termination must be possible in the same way the contract was concluded.
Renewal:
- Fixed-term contracts may not be automatically extended.
- Newspapers/magazines may be renewed once for max. three months.
- Contracts may be converted to indefinite duration only if the consumer may terminate at any time with max. one month’s notice.
- Trial subscriptions end automatically.
Duration:
If a contract lasts longer than one year, the consumer may terminate after one year with max. one month’s notice.
Article 13 – Payment
Amounts must be paid within 7 working days after the start of the cooling-off period unless otherwise agreed.
The consumer must report incorrect payment details immediately.
The entrepreneur may charge reasonable costs in case of non-payment.
Article 14 – Complaints Procedure
The entrepreneur maintains a clear complaints procedure.
Complaints must be submitted within 7 days after detection of defects.
Complaints will be answered within 14 days.
If unresolved, the dispute falls under the dispute resolution process.
Consumers may also submit complaints via the EU ODR platform.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and consumer.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or on a durable data carrier.