1.1 These General Terms and Conditions (hereinafter "GTC") of Detlef Kretschmann, acting under "memorio" (hereinafter "Seller"), apply to all contracts for the delivery and provision of goods and services concluded by a consumer or entrepreneur (hereinafter „Customer“) with the Seller;for the delivery and provision of goods and services that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The Seller shall make storage space available to its customers via its website www.memorio.info. The storage space is unlimited, but the Seller shall charge a cost price surcharge for image files in accordance with its price list from the data volume specified therein. Among other things, the QR code generated by the seller is required to read the data entered there. Only customers can make entries, changes or deletions in this storage location via the input screen. Access is protected with a login password set by the customer themselves.
1.3 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC shall apply accordingly, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.4 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.5 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After selecting the goods to be ordered and going through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the selected goods by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not provide any further access to the text of the contract. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before binding submission of the order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop. Contracts with the seller are concluded exclusively in accordance with German law; our contract language is exclusively German. Our translations into other languages are for guidance only and are not binding contractual content.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 Immediately after placing your order, the seller will create the customised memorio QR code, which is part of the order confirmation. As this is a customised product, it is not possible to cancel or withdraw from the contract.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. VAT is not shown, as the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment method(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 If a payment method offered via the payment service „Stripe“ is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com
4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date without deduction, unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the customer is authorised to use the payment method purchase on account after a credit check, the payment is processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payment with debt-discharging effect to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB apply, which the customer can call up during the ordering process. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
4.7 When selecting a payment method offered via the payment service "Klarna" the payment processing ütakes place via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter „Klarna“). Further information and Klarna's terms and conditions can be viewed here:
https://memorio.info/en/payment-and-shipping-information/
5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is authoritative.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. In the case of the effective exercise of the right of cancellation by the customer, the provision made in the seller's cancellation policy applies to the return shipping costs.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or organisation otherwise responsible for carrying out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller hands over the goods to the carrier, the freight forwarder or the person or organisation otherwise responsible for carrying out the shipment;
The goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment, if the customer has instructed the carrier, freight forwarder or other person or organisation to carry out the shipment and the seller has not previously named this person or organisation to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific cover transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the customer as follows:
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided for private purposes.
6.2 There are no restrictions on the part of the seller as to what type of documents are posted online by the customer. These can be text or image files, but also links to social media, e.g. YouTube or similar. The categories in the input mask provided are for guidance or as an aid, but the seller recommends using them.
By assigning a freely selectable password, the customer can block the visibility of entries when reading the QR code so that only authorised persons who are given this password can read the content. It is pointed out at the appropriate point in the entry that this password can be assigned.
6.3 The duration of the readability of the QR code is not limited in time. The seller will not delete the customer's entries on its own initiative. They will therefore remain readable indefinitely within the scope of physical and technical possibilities at no further cost to the buyer.
6.4 After conclusion of the purchase contract, all entries can be changed, deleted or supplemented by the buyer in the following 2 years. At the end of these 2 years, this period can be renewed for a further 2 years in accordance with our then valid price list.
6.5 All options for designing a memorial page can be tried out free of charge for 2 weeks before the contract is concluded. The provisions of these GTC also apply to this. The use of the condolence book and the option to block sections with a password is only possible after conclusion of the contract.
6.6 Exclusion of content from the website (preservation of dignity)
The internet platform provided by the seller serves the sole purpose of remembering the deceased and posting data or content about them. The seller reserves the right to delete entries in the event of a violation of this or of legal provisions, piety, morality or dignified remembrance.
If the Internet platform provided is used for other content or repeatedly misused by posting entries that contradict legal provisions, are derogatory or violate the dignity of a person, the seller is entitled to permanently deactivate the readability of the content for the QR code in question. This also applies in the event of repeated breaches of copyright. In these cases, there is no entitlement to a refund for payments made.
6.7 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to the transfer of the contractual licence to the third party.
6.8 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may authorise the use of the contractual content even before this point in time. No transfer of rights shall take place as a result of such prior authorisation.
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8.1 Technical requirements of third-party providers
An internet connection is required to read the data with the QR code, and the seller has no influence on the availability and quality of this connection. Therefore, no liability is assumed for this, as the availability and quality of the mobile network is outside the seller's sphere of influence.
This applies analogously to the necessary readout device (e.g. smartphone or similar) and the software used on it that makes the readout possible in the first place, as the seller also has no influence on their quality and technical requirements.
In the event of disruptions to the servers rented by the seller in Germany, the seller shall endeavour to rectify these as quickly as possible. Naturally, the seller cannot assume any liability for the availability of the Internet.
8.2 Warranty
If no other agreements are made, the readable content of the QR code shall remain accessible for as long as the physical and technical possibilities permit. The readability is not terminated by the seller, so that it remains indefinitely within the scope of the technical possibilities without further costs for the customer.
The seller also expects the aluminium badge supplied to have a service life of at least 10 years due to the high quality of the anodised aluminium material and the careful engraving. This refers to proper use. The seller accepts 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 code or its carrier material.
8.3 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.4 If the customer acts as an entrepreneur,
8.5 The aforementioned limitations of liability and shortened deadlines shall not apply
8.6 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.
8.7 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and return pursuant to Section 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.8 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
9.1 The seller shall be liable without limitation for any legal reason
9.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
9.3 Any further liability of the seller is excluded.
9.4 The above liability provisions shall also apply with regard to the liability of the seller for its vicarious agents and legal representatives.
10.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics;The customer shall provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and shall grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.
10.2 Infringement of copyright
The seller is expressly not liable for the content, information, statements and any information made available without authorisation.
By concluding the contract, all customers undertake to only use files that are not otherwise protected by copyright when using the internet platform provided by us. If links to social media, e.g. YouTube, etc. are entered, their contractual conditions must be observed. The operators of linked sites are solely responsible for their content!
10.3 The customer shall indemnify the seller against claims of third parties which they may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claim and a defence.
10.4 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13.1 For better readability, the generic masculine is used in the text. However, all genders are always meant.
Berlin, January 2025
