1.1 These General Terms and Conditions (hereinafter "GTC") of Mike Jäger, trading under "memorio" (hereinafter "Seller"), apply to all contracts for the delivery and provision of goods and services that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 The Seller provides storage space for its customers via its website www.memorio.info. The storage space is unlimited, however the Seller charges a cost surcharge for image files according to its price list starting from the data volume specified therein. To read the data stored there, among other things, the qr code generated by the Seller is necessary. Entries, changes or deletions in this storage location can only be made by customers via the input template. Access is protected by a login password set by the Customer.
1.3 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise regulated. Digital content within the meaning of these GTC means data that is created and provided in digital form.
1.4 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise regulated. Digital content within the meaning of these GTC means data that is created and provided in digital form.
1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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. By selecting the goods to be ordered and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the selected goods by clicking the button that completes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
If several of the above alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The acceptance period begins the day after the Customer sends the offer 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 this period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the applicable PayPal terms of use, available at https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer after submission of their order in text form (e.g. e-mail, fax or letter). No further accessibility of the contract text by the Seller takes place. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.
2.6 Before submitting the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process as long as they have not clicked the button that completes the ordering process, using the usual keyboard and mouse functions.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop. Contracts with the Seller are concluded exclusively under German law, and our contract language is exclusively German. Our translations into other languages serve exclusively for orientation and are not binding contractual content.
2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 third parties commissioned by the Seller with order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 Immediately after placing the order, the individual memorio qr code is created by the Seller, which is part of the order confirmation. Since this is a custom-made product, withdrawal or cancellation of the contract is not possible. However, the Seller offers the possibility to try all functionalities of the memorial page and its display on a reading device free of charge and without obligation for 2 weeks.
4.1 Unless otherwise stated in the seller's product description, the prices shown are total prices. VAT is not shown because the seller is a small business according to the German VAT Act (UStG). Any additional delivery and shipping costs will be separately indicated 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 a payment method offered via the payment service "Stripe" is selected, the payment processing will be handled by the payment provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller’s online shop. For payment processing, Stripe may use additional payment services, which may be subject to special payment conditions, to which the customer may be separately referred. More information about Stripe is available online at https://stripe.com
4.4 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The invoice purchase payment method requires a successful credit check by Klarna AB. If the customer is allowed the invoice purchase after the credit check, payment processing will be done in cooperation with Klarna AB, to whom the seller assigns his payment claim. The customer can only discharge his debt by paying Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB apply, which the customer can view during the ordering process. The seller reserves the right to offer the invoice purchase 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 about the respective payment restriction in the online shop’s payment information.
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is done via the payment provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method in case of negative creditworthiness.
4.6 If a payment method offered via the payment service "Klarna" is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and Klarna’s conditions can be viewed here:
https://memorio.info/en/payment-and-shipping-information/
5.1 If the seller offers shipment of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address stated in the seller’s order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to execute the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods only passes upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer, even if a consumer, as soon as the seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to execute the shipment, if the customer has commissioned this person or institution and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller’s fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the case of unavailability or partial availability of the goods, 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 will be 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 a non-exclusive, unlimited right in terms of location and time to use the provided content for private purposes.
6.2 There are no restrictions from the seller regarding the types of documents that the customer may upload online. These can be text or image files, but also links to social media, e.g., YouTube or similar. The sections in the provided input template serve as orientation or assistance, whose use the seller recommends.
By assigning a freely chosen password for the memorial page, the visibility of entries when scanning the qr code can be restricted by the customer, so that only authorized persons who are given the password can read the contents. At the appropriate place in the input, it is pointed out that this password can be assigned.
6.3 The duration of the qr code’s readability is unlimited in time. The seller will not delete the customer's entries on their own initiative. Thus, these remain readable for an indefinite period within the physical and technical possibilities without further costs for the buyer.
6.4 After conclusion of the purchase contract, all entries can be changed, deleted, or supplemented by the buyer within the following 2 years. After this 2-year period, this period can be extended for another 2 years according to our then valid price list.
6.5 Before conclusion of the contract, all options for designing a memorial page can be tried free of charge for 2 weeks. The provisions of these GTC also apply to this. The use of the condolence book as well as the possibility to lock sections with a password is only possible after contract conclusion.
6.6 Exclusion of Content on the Website (Preservation of Dignity)
The internet platform provided by the seller is exclusively intended to remember deceased persons and to upload data or content about them. The seller reserves the right to delete entries in case of violation of this purpose or legal provisions, decorum, good morals, or dignified remembrance.
If the provided internet platform is used for other contents or repeatedly misused by uploading entries that contradict legal provisions, are derogatory, or violate human dignity, the seller is entitled to permanently deactivate the readability of the contents for the respective qr code. This also applies to repeated copyright violations. There is no claim for refund of payments made in these cases.
6.7 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.8 If the contract concerns the one-time provision of digital content, the granting of rights only becomes effective once the customer has fully paid the owed remuneration. The seller may allow use of the contractual content provisionally before this point. Such provisional permission does not constitute a transfer of rights.
If the seller provides performance in advance, he retains ownership of the delivered goods until the full payment of the purchase price owed.
8.1 Technical Requirements of Third Parties
An internet connection is necessary for reading the data with the qr code, over whose establishment and quality the seller has no influence. Therefore, no liability is assumed for this, as the availability and quality of the mobile network lie outside the seller’s sphere of influence.
This applies analogously to the required reading device (e.g. smartphone or similar) and the software used on it that enables the reading in the first place, as the seller also has no influence on their quality and technical requirements.
In case of disruptions at the servers rented by the seller in Germany, the seller will strive to resolve these as soon as possible. Naturally, the seller cannot assume liability for internet availability.
8.2 Warranty
Unless otherwise agreed, the readable contents of the qr code remain accessible as long as the physical and technical possibilities allow. The seller does not terminate the readability, so this remains available indefinitely within technical possibilities without additional costs for the customer.
For the usability of the supplied aluminum badge, the seller expects, due to the high quality of the anodized aluminum material and careful engraving, a lifespan of at least 10 years. This refers to proper use. The seller assumes no liability for reading issues of the qr code caused by dirt or manual or forced mechanical damage or manipulation of the engraved code or its carrier material.
8.3 Unless otherwise stipulated in the following provisions, the regulations of the statutory liability for defects apply. Deviating from this, in contracts for the delivery of goods:
8.4 If the customer acts as an entrepreneur,
8.5 The above liability restrictions and shortened periods do not apply
8.6 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse claims remain unaffected.
8.7 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty of inspection and notification applies according to § 377 HGB. If the customer omits the notification duties regulated there, the goods are deemed approved.
8.8 If the customer acts as a consumer, he is requested to report goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no impact on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:
9.1 The seller is fully liable on any legal grounds
9.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the typical contractual, foreseeable damage, unless unlimited liability applies according to the above clause. Essential contractual obligations are duties imposed on the seller by the contract to achieve the contractual purpose, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies.
9.3 Otherwise, the seller's liability is excluded.
9.4 The above liability rules also apply regarding the liability of the seller for his vicarious agents and legal representatives.
10.1 If the seller owes, according to the content of the contract, in addition to the delivery of goods also the processing of the goods according to specific customer specifications, the customer must provide the seller with all contents necessary for processing such as texts, images, or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary usage rights. The customer alone is responsible for procuring and acquiring rights to these contents. The customer declares and assumes responsibility that he has the right to use the contents provided to the seller. In particular, he ensures that no third-party rights are violated, especially copyrights, trademarks, and personal rights.
10.2 Copyright infringement
The seller explicitly does not assume liability for the input contents, information, statements, and possibly unauthorized disclosed information. By concluding the contract, all customers commit when using the input template provided by to only use files that are not otherwise copyrighted. Should links to social media, e.g. YouTube, etc., be entered, their terms and conditions must be observed. The operators of linked sites are solely responsible for their content!
10.3 The customer indemnifies the seller against claims by third parties made in connection with a violation of their rights due to the contract-compliant use of the customer's contents by the seller. The customer also bears the necessary costs of legal defense including all court and attorney fees at statutory rates. This does not apply if the customer is not responsible for the legal violation. In case of third-party claims, the customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and the defense.
10.4 The seller reserves the right to reject processing orders if the contents provided by the customer violate legal or official prohibitions or good morals. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or glorifying violence contents.
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu
This platform serves as a contact point for 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, May 2025
