1. Contract content
Between
-memorio-
Detlef Kretschmann
Berliner Str. 97, 13189 Berlin
(hereinafter referred to as -memorio-)
and
the purchaser of a QR code with a
right of use of an Internet presence
(hereinafter referred to as -contractual partner-)
a purchase and service contract is concluded.
1.1. Provision of ad-free storage space
We provide storage space for our contractual partner via our website www.memorio.info.
The storage space is unlimited, but we charge a cost price surcharge for image files according to our price list
from the amount of data stated there.
Among other things, the QR code generated by us is required to read the data entered there.
Only purchasers of a QR code can make entries, changes or deletions in this storage location via our input template.
Access is protected with a login password defined by the contractual partner.
After the end of our support after 10 years, it will only be possible to read out the data.
1.2. Readability of the QR code
We have set up the readability for at least 10 years
and will not be prevented by us thereafter (see 5.3). This means that even beyond this period, readability remains
for the contractual partner within the scope of the technical possibilities.
1.3. Free use of our memorial page
Before concluding a contract, you can try out all the options for designing a memorial page free of charge. The provisions of these GTC (with the exception of 2. order processing and 3. para. 2 of the individual password assignment) also apply to this. The use of the book of condolences is only possible after conclusion of the contract.
2. Order processing
Once the contract has been concluded, we will send the invoice with the login data, the QR code as an image file (.png) and the link to enter it by email. This can then be used to access the storage location provided and to enter, change or delete data.
The provision of a different file format, if this was requested and ordered instead of or in addition to the .png file supplied, will take place within three working days by e-mail.
Delivery of the engraved QR code on aluminium badges is free of shipping costs within Germany.
3. Type of documents on the website
We do not impose any restrictions on the type of documents posted online by the contractual partner. These can be text or image files, but also links to social media, e.g. YouTube. The categories in our input template are for guidance or as an aid, which we recommend using.
By assigning a freely selectable password, the visibility of entries when reading the QR code can be blocked by the contractual partner,
so that only authorised persons who are given this password can read the content.
It is indicated at the appropriate point in the entry that this password can be assigned.
4. Exclusion of content from the website (preservation of dignity)
The Internet platform provided by us serves the sole purpose of commemorating the deceased and posting data or content about them.
We reserve the right to delete entries in the event of an offence against this or against legal regulations, piety, good manners or dignified remembrance.
Should the internet platform provided by us be used for other content or repeatedly misused,
by posting entries that contradict legal provisions, are derogatory or violate the dignity of a person,
we are authorised to permanently deactivate the readability of the content for the QR code in question.
This also applies to repeated infringements of copyright. In such cases, there is no entitlement to reimbursement for payments made.
5. Disclaimer of liability and warranty
5.1. Technical requirements from third-party providers
An internet connection is required to read the data with the QR code. We have no influence on the availability and quality of this connection. We therefore accept no liability for this, as the availability and quality of the mobile phone network are outside our sphere of influence.
This applies mutatis mutandis to the necessary reading device (e.g. smartphone or similar) and the software used on it, which makes the reading possible in the first place, as we also have no influence on their quality and technical requirements.
In the event of disruptions to the servers rented by us (in Germany), we will endeavour to rectify these as quickly as possible. Naturally, we cannot accept any liability for the availability of the Internet.
5.2. Infringement of copyright
-memorio- is expressly not liable for the content, information, statements and any unauthorised information provided.
By concluding the contract with us, all contractual and business partners undertake to use only files that are not otherwise protected by copyright when using the Internet platform provided by us. If links to social media, e.g. YouTube or similar, are entered, their contractual conditions must be observed.
The operators of linked pages are solely responsible for their content.
As our contractual or business partner, you expressly declare that you will indemnify us against all recourse claims arising from breaches of statutory provisions, breaches of copyright or breaches of the terms and conditions of website operators to which links have been embedded.
5.3. Warranty
If no other agreements are made, the readable content of the QR code will remain accessible for as long as the physical and technical possibilities allow, which according to current knowledge is at least 10 years.
The readability will not be terminated by us after the expiry of the 10 years, so that it will continue to exist without further costs for the contractual partner within the scope of
the technical possibilities.
Due to the high quality of the anodised aluminium material and the careful engraving, we also expect the aluminium badges supplied to have a service life of at least 10 years.
This refers to appropriate use. We accept no liability for faults in the readability of the QR code that are due to soiling or manual or violent mechanical damage or manipulation of the engraved QR code or its carrier material.
Otherwise, the statutory warranty or liability for defects of 2 years applies.
5.4. Support
We provide support that enables the contractual partner to make new entries.
Help can also be requested via e-mail, WhatsApp or telephone if problems arise.
After the support period of 10 years has expired, the content can still be read (see 5.3 paragraph 1), but it is no longer possible to make changes to the content.
If the contractual partner wishes to extend the period for processing the data, this is possible.
The same applies to the book of condolences.
6. Right of cancellation or withdrawal
Immediately after you place your order, we will generate the customised memorio QR code, which is part of the order confirmation. As this is a customised product, a cancellation or withdrawal from the contract is not possible.
7. Place of jurisdiction and concluding remarks
The place of jurisdiction shall be governed by the statutory provisions,
for contracts with commercial customers, it is the registered office of the company.
Our contract language is exclusively German.
Our translations into other languages are for guidance only and are not binding contractual content.
For better readability, the generic masculine is used in the text. However, all genders are always meant.
Berlin, August 2024
