Terms & Conditions
Last updated: July 2026
Welcome to MEMOIR. These Terms & Conditions govern your use of our website and the purchase of products from MEMOIR. By accessing our website and placing an order, you agree to these Terms & Conditions.
1. About MEMOIR
MEMOIR
Amsterdam, The Netherlands
Chamber of Commerce (KvK): 42111689
VAT number: TBD - will be added upon issuance
Email: hello@memoiramsterdam.com
Website: www.memoiramsterdam.com
Throughout these Terms & Conditions, "MEMOIR", "we", "our", and "us" refer to MEMOIR. "Customer", "you" and "your" refer to the natural person not acting for purposes related to their trade, business or profession who uses our Services.
2. Definitions
Agreement: the agreement between MEMOIR and the Customer concluded via the Website, including for the sale of Products.
Products: all products offered by MEMOIR, including Christmas ornaments, Year Charms and related accessories.
Services: all services provided by MEMOIR and/or third parties engaged by MEMOIR.
Website: www.memoiramsterdam.com and all associated subpages.
3. Applicability
These Terms & Conditions apply to every offer made by MEMOIR and to all current and future Agreements, deliveries and other legal relationships between the parties. The applicability of any purchasing or other conditions of the Customer is expressly rejected. Deviations from these Terms & Conditions are only valid if expressly agreed in writing. If one or more provisions are found to be void, the remaining provisions shall remain in full force. Parties will in such case agree on a new valid provision as close as possible to the original intent.
4. Offer and Conclusion of Agreement
All offers on the Website are non-binding unless expressly stated otherwise. The Agreement is concluded when the Customer places an order via the Website. After receipt of the order, MEMOIR will send an order confirmation by email. This confirmation guides the content of the Agreement, subject to obvious typographical errors. MEMOIR cannot be held to an offer if the Customer could reasonably understand that the offer, or part thereof, contains an obvious mistake or error.
5. Products
We strive to ensure all descriptions, specifications, images and pricing are accurate. However:
- Each MEMOIR ornament is hand-painted, making every piece unique. Slight variations in colour and finish are part of its character.
- Colours may vary slightly due to screen settings.
- Dimensions may vary slightly due to the nature of production.
- Minor differences between photographs and delivered items do not constitute a defect.
MEMOIR reserves the right to modify or discontinue products at any time.
6. Pricing and Payment
All prices are in Euro (€) and include VAT where applicable, unless stated otherwise. Shipping costs are displayed separately at checkout and are excluded unless stated otherwise. MEMOIR is entitled to correct obvious pricing errors.
Payment is made via the payment methods offered at checkout (including iDEAL and Credit Card). The order will only be processed once payment has been received. For consumer purchases, MEMOIR will not require more than 50% advance payment. MEMOIR does not store payment card details; payments are processed securely via approved payment providers.
If the Customer fails to pay on time, the Customer is in default by operation of law. The Customer will then owe statutory interest. If MEMOIR is forced to collect the claim via legal proceedings, the Customer will also be liable for all reasonably incurred judicial and extrajudicial costs, in accordance with the applicable Decree on extrajudicial collection costs.
7. Shipping and Delivery
We currently ship to the Netherlands and Belgium. Would you like to order from another country? Please contact us at hello@memoiramsterdam.com — we would be happy to explore the possibilities with you.
Weekday orders placed before 3 PM are dispatched the same day and typically delivered the next day. Weekend orders are processed on Monday. During the holiday season, delivery times are determined by our shipping partners. Although your order will be dispatched promptly from our Amsterdam studio, slight delays may occur.
Estimated delivery times are for guidance only and are never a strict deadline. If we cannot deliver within the indicated period, we will inform you as soon as possible and agree on a new delivery date with you.
The risk of loss or damage to the Products transfers to the Customer upon delivery at the address provided by the Customer. If Products are available for the Customer but not collected, they will be stored at the Customer's risk and expense. Shipment is made via PostNL or another carrier chosen by MEMOIR.
8. Right of Withdrawal
You have the right to withdraw from the Agreement within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you, or a third party designated by you who is not the carrier, acquire physical possession of:
- the Product; or
- the last Product, if you ordered multiple Products in one order delivered separately; or
- the last shipment or part, if delivery consists of several shipments or parts.
To exercise your right, you must inform us by an unequivocal statement (e.g. email to hello@memoiramsterdam.com) that you wish to withdraw. You may use the model withdrawal form provided below, but it is not mandatory.
During the withdrawal period you must handle the Product and packaging with care. You may only inspect the Product as you would in a physical store. You are liable for any diminished value resulting from handling beyond what is necessary to establish the nature and functioning of the Product.
If you withdraw, we will reimburse all payments made, including standard delivery costs, within 14 days after receiving the returned Product. You will bear the direct cost of returning the Products.
Model Withdrawal Form:
I hereby inform you that I withdraw from my agreement regarding the sale of the following products: [order number, product(s)], Ordered on [date] / Received on [date], Name, Address, Email, Date, Signature (only if on paper).
9. Returns
After the withdrawal period, returns are only possible if you can prove the Product was damaged upon arrival due to no fault of your own. For the first 12 months after delivery, it is presumed the Product did not conform to the Agreement at the time of delivery, unless proven otherwise.
Returned products must be unused, undamaged and, where reasonably possible, in original packaging. To request a return, please contact hello@memoiramsterdam.com from the email used to place the order, including your order number and items you wish to return. You may return via a carrier of your choice.
Once the return has been received and inspected, your refund will be issued via the original payment method. We do not offer exchanges. If you would like a different ornament, please place a new order.
10. Damaged, Incorrect or Missing Orders
Please inspect your order upon delivery. If you receive a damaged, incorrect or incomplete order, please contact hello@memoiramsterdam.com as soon as possible, and within 48 hours for shipping damage, including:
- Your order number
- Photos of the ornament
- Photos of the packaging
- Photos of the shipping box
We will review each case individually. Depending on the situation, you may be entitled to: delivery of the missing Product, repair of the Product, replacement of the Product, partial refund, or dissolution of the Agreement. If the ordered Product is no longer available, MEMOIR is entitled to deliver a similar Product of comparable quality.
11. Retention of Title
All Products delivered by MEMOIR remain the property of MEMOIR until fully paid. If retention of title ceases due to transformation or otherwise, MEMOIR reserves the right to establish a non-possessory pledge on the Product as security for all claims. The Customer shall establish such pledge at MEMOIR's first request.
12. Suspension and Dissolution
MEMOIR is entitled to suspend performance or dissolve the Agreement if the Customer fails to fulfil obligations, or if MEMOIR has good reason to fear non-fulfilment, after a written notice of default providing a reasonable cure period. If non-fulfilment justifies dissolution and Customer is in default, MEMOIR may dissolve immediately by written statement, with Customer liable for damages.
13. Guarantee
The Customer is entitled to the statutory guarantee for Products delivered by MEMOIR. This means the Product must conform to the Agreement and what the Customer may reasonably expect.
14. Complaints
Inspect the Product upon delivery. Visible defects should be reported within 14 working days after receipt. Other defects should be reported within one month after discovery, in writing to hello@memoiramsterdam.com with proof of purchase.
If you have a complaint, please send it to hello@memoiramsterdam.com. Where reasonably possible, we will process your complaint within 5 working days and provide a substantive response.
You also have the option to submit a complaint to the European Online Dispute Resolution (ODR) Platform: http://ec.europa.eu/consumers/odr/. We would appreciate it if you contact us first so we can resolve the matter together.
15. Intellectual Property
All content on this website — including product designs, photographs, graphics, logos, branding, text and website content — is owned by or licensed to MEMOIR and protected by intellectual property laws. Nothing may be copied, reproduced, distributed or used for commercial purposes without prior written permission. The Customer warrants that no third-party rights oppose the provision of data to MEMOIR and will indemnify MEMOIR against any third-party claims in this respect.
16. Liability
MEMOIR is not liable for indirect damage, including consequential damage, loss of profit, revenue or opportunity, or damage resulting from misuse of Products. If MEMOIR is held liable, liability shall be limited to direct damage actually suffered due to a demonstrable failure and to the amount covered and paid by our insurer, or if not insured, to the amount paid by the Customer. This limitation does not apply in case of intent or wilful recklessness on the part of MEMOIR, nor where limitation is prohibited by law.
17. Force Majeure
Force majeure includes all external causes beyond our will or control that make timely or correct performance impossible, including non-performance by third parties, illness, abnormal weather, utility failures, strikes, system failures, fire, flood, natural disasters, pandemics, riots, war or governmental measures. In case of force majeure, performance is suspended for the duration. If force majeure makes performance impossible, either party may dissolve the Agreement without court intervention, with reimbursement of amounts paid minus costs already incurred by MEMOIR.
18. Confidentiality
Each party shall keep confidential all information received from the other party that is known or should be known to be confidential, and shall only use it for the purpose for which it was provided. This does not apply if disclosure is required by court order, law or for proper performance of the Agreement.
19. Amendments
MEMOIR reserves the right to amend these Terms & Conditions at any time. Amendments will be communicated in a timely manner and will take effect one month after notification. If amendments result in MEMOIR being able to deliver substantially different Products or Services than originally agreed, the Customer has the right to dissolve the Agreement until the effective date.
20. Governing Law
These Terms & Conditions and all legal relationships between MEMOIR and the Customer are governed by Dutch law. Any disputes shall be submitted to the competent court in the district where the Customer resides, or at MEMOIR's discretion, where MEMOIR is established, unless mandatory consumer protection laws provide otherwise.
21. Contact
For any questions regarding these Terms & Conditions, please contact:
MEMOIR
Amsterdam, The Netherlands
KvK: 42111689
hello@memoiramsterdam.com