Terms and Conditions

1. Who we are and what these Terms apply to

Remoria is a trade name of the sole proprietorship of Wouters Yonik, with an establishment unit under the name “econik”, established at Neptunusstraat 91 bus 1, 2600 Antwerp (Belgium), registered in the Belgian Crossroads Bank for Enterprises under company number 0774.952.893, VAT BE 0774.952.893 (hereinafter “Remoria”, “we” or “us”).

Remoria offers an online platform (the “Platform”) that allows memorials for deceased persons to be created and managed, and on which next of kin can share and preserve memories, photos, videos, stories and tributes.

These terms and conditions (the “Terms”) apply to any use of the Platform and to any agreement with Remoria. They consist of a general part (which applies to everyone) and three special parts, each aimed at a specific user:

• Part A — for professional partners (funeral directors and other B2B customers) who purchase the Platform and offer it to their clients;
• Part B — for consumers who purchase a memorial directly from Remoria;
• Part C — for next of kin and invitees who use a memorial without entering into a paid agreement themselves, or who only pay for a renewal.

In the event of a conflict between the general part and a special part, the special part prevails for the user concerned.

2. Definitions

• Platform: the website, application and underlying services of Remoria, accessible via remoria.eu and its associated (sub)domains.
• Memorial: an individual remembrance page for a deceased person, created via the Platform.
• Administrator: the natural person who manages a Memorial and can invite others.
• Partner: a professional customer (e.g. a funeral director) who purchases the Platform and offers it to their own clients (see Part A).
• Consumer: a natural person who purchases directly from Remoria outside their commercial, business or professional activity (see Part B).
• Content: all data that users post on a Memorial, including photos, videos, audio, texts, tributes and messages.
• Plan: the chosen subscription that determines the duration and features of a Memorial.
• Renewal: a paid extension of the term of an existing Memorial.

3. Formation and duration of the agreement

An agreement is formed when a Memorial is created and the chosen Plan is confirmed, either directly with Remoria or via a Partner. Remoria may refuse or remove an order or a Memorial if it conflicts with these Terms or with the law.

The Plans are offered with a fixed term (of your choice and as indicated at the time of the order, for example 4 months, 1 year or 3 years). After the term expires, the Plan can be renewed. If it is not renewed, the Memorial follows the retention and archiving procedure described in article 9.

4. Prices and payment

The applicable prices are stated at the time of ordering. Direct purchases by Consumers are paid in advance via the offered payment methods. Invoicing to Partners takes place in accordance with Part A.

VAT scheme. Remoria falls under the special exemption scheme for small enterprises (article 56bis of the Belgian VAT Code). No VAT is charged and VAT is not deductible. Upon transition to the normal VAT regime, prices will be increased by operation of law with the applicable VAT.

5.1 Voluntary satisfaction guarantee

To keep the threshold low, Remoria offers a voluntary satisfaction guarantee: within 14 calendar days of creating the Memorial, a refund can be requested of the amount paid for that Memorial. The Memorial is then archived (see article 9), after which the Content can still be downloaded or requested back for a short period before it is permanently deleted.

This guarantee applies per Memorial and can be invoked only once per Memorial. It does not apply to Renewals (see article 5.3) and is separate from the statutory rights of Consumers set out below.

5.2 The Consumer's statutory right of withdrawal

In principle, a Consumer has a statutory right of withdrawal of 14 days for distance contracts. For digital content and services that are delivered immediately with the Consumer's express consent, however, this right of withdrawal lapses as soon as performance has begun. When creating a Memorial or ordering a Renewal, the Consumer expressly consents to immediate performance and acknowledges that the statutory right of withdrawal therefore lapses. The voluntary guarantee in article 5.1 continues to apply in full to the creation of a Memorial and thus offers the Consumer broader protection than the law requires.

5.3 Renewals

A Renewal is performed immediately upon confirmation, as the term of the existing Memorial is extended right away. For this reason, Renewals are non-refundable, and the voluntary satisfaction guarantee of article 5.1 does not apply to them. The mandatory statutory rights that a Consumer enjoys in the event of a defective or non-conforming service continue to apply in full.

6. Use of the Platform and rules of conduct

Users undertake to use the Platform respectfully, in keeping with its nature as a place of remembrance. It is not permitted to:

• post unlawful, offensive, hateful, threatening or otherwise inappropriate Content;
• post Content that infringes the rights of third parties, including copyrights, image rights or privacy;
• use the Memorial or the Platform for commercial, misleading or fraudulent purposes;
• disrupt or circumvent the technical operation or security of the Platform.

Remoria may remove Content that breaches these rules and, in serious cases, restrict or terminate access to a Memorial. Remoria does not carry out any prior supervision of Content, but acts upon a report or finding.

7. Content, ownership and licences

The user retains all rights to the Content they post. The user declares that they have the necessary rights and permissions to post and share that Content, in particular where other people are identifiable in it.

The user grants Remoria a limited, non-exclusive licence to host, display and technically process the Content, solely for the purpose of providing the service. Remoria does not use the Content for other purposes and does not sell it to third parties.

The Platform itself, including the software, the design, the brand name and the logo, remains the property of Remoria and may not be copied or reused without permission.

8. Protection of personal data (GDPR)

Remoria processes personal data in accordance with the General Data Protection Regulation (GDPR) and Belgian privacy legislation. A separate Privacy Policy describes which data are processed, for what purpose and for how long.

Allocation of roles. For the data of its own customers and users, Remoria acts as data controller. When Remoria processes Content via a Partner that is supplied by that Partner's clients, Remoria and the Partner may act as processor and data controller respectively; in that case, the data processing agreement in Part A applies.

Users can exercise their statutory rights (access, rectification, erasure, restriction, portability and objection) via the contact details at the bottom of these Terms.

9. Retention, archiving and deletion

For as long as a Plan is active, the Memorial remains accessible. After the Plan expires without renewal, or after a refund under article 5, the Memorial is archived: it is then no longer publicly accessible, but the Content is kept for a reasonable transitional period so the Administrator can download it or still resume the Plan. After that period, the Content is permanently deleted.

Remoria deliberately applies this phased approach: given the sensitive nature of remembrance content, Content is never deleted abruptly or without notice.

10. Availability and maintenance

Remoria strives for high availability of the Platform, but cannot guarantee uninterrupted or error-free operation. Maintenance, updates or technical failures may temporarily limit the service. Remoria makes every effort to keep inconvenience to a minimum and, where possible, to announce planned maintenance in advance.

11. Liability

Remoria provides the Platform with due care. Except in the event of intent or gross negligence, Remoria's liability is limited to the amount paid for the Memorial concerned in the twelve months preceding the damaging event. Remoria is not liable for indirect damage, consequential damage, loss of data caused by the user, or for Content posted by users.

Nothing in these Terms limits liability that cannot be excluded under mandatory law, including liability for death or personal injury caused by a fault of Remoria, and the mandatory rights of Consumers.

12. Amendment of the Terms

Remoria may amend these Terms, for example when new features are added or legislation changes. Material changes are communicated in advance. The version in force at the time of the order remains applicable to that order, unless a change is legally required.

13. Applicable law and competent court

These Terms are governed by Belgian law. Disputes are preferably settled by mutual agreement. If no amicable solution can be found, the courts of the judicial district of Antwerp have jurisdiction, without prejudice to the mandatory provisions that give a Consumer the right to bring the matter before the court of their place of residence. Consumers can also turn to the European ODR platform for online dispute resolution.

A.1 Subject matter

These provisions apply between Remoria and professional Partners who purchase the Platform in order to offer it to their clients (next of kin) as part of their own services. The Partner acts within the scope of its professional activity; the consumer provisions of Part B do not apply to the Partner.

A.2 Purchase, prices and monthly invoicing

The Partner purchases Plans at the agreed purchase prices (excluding VAT) and offers them to its clients at a retail price determined by the Partner. The difference constitutes the Partner's margin.

Remoria invoices the Memorials and Renewals created by the Partner in a calendar month via a consolidated invoice, issued in the first days of the following month. Each invoice line states the date, the subdomain and the chosen Plan. Invoices are payable within the term stated on the invoice.

A.3 Satisfaction guarantee via the Partner (14 days)

If a client of the Partner wishes to withdraw from the purchase within 14 calendar days of creating the Memorial, this is handled via the Partner. The Partner reports this to Remoria; Remoria then archives the Memorial concerned and does not charge the amount for that Memorial, or refunds it if it has already been invoiced. The Partner arranges the relationship with its own client. This arrangement does not apply to Renewals, which are non-refundable.

A.4 Obligations of the Partner

• the Partner provides correct and complete business details, including its company number, for the purpose of valid invoicing;
• the Partner correctly informs its clients about the service, the price and these Terms;
• the Partner uses Remoria's brand name and materials only as permitted and in accordance with any brand guidelines;
• the Partner is responsible for the lawful supply of its clients' data.

A.5 Data processing between the Partner and Remoria

Where Remoria processes personal data on behalf of the Partner in performing the service, it does so as a processor within the meaning of the GDPR, according to the Partner's documented instructions and solely for the purpose of providing the service. To this end, the parties conclude a data processing agreement which, in the event of a conflict regarding data processing, prevails over these Terms.

B.1 Application

These provisions apply when a Consumer purchases a Memorial or a Renewal directly from Remoria, that is, not via a Partner. They supplement the general part and provide the protection that applies mandatorily to consumers.

B.2 Satisfaction guarantee, withdrawal and renewals

The voluntary 14-day satisfaction guarantee (article 5.1) applies in full to the Consumer when creating a Memorial. Article 5.2 applies to the statutory right of withdrawal and the immediate performance of digital services. Renewals are performed immediately and are non-refundable in accordance with article 5.3, without prejudice to the mandatory statutory rights of the Consumer.

B.3 Legal guarantee and complaints

The Consumer enjoys the statutory guarantees in the event of non-conforming delivery. Complaints can be addressed to the contact details at the bottom. Remoria strives to handle complaints quickly and reasonably.

C.1 Use without your own purchase

Next of kin and invitees who are invited by an Administrator to view or contribute to a Memorial use the Platform without entering into a paid agreement themselves. Their use is governed by the general part and this Part C.

C.2 Payment of a Renewal by an invitee

A relative or invitee who did not purchase the Memorial themselves may nonetheless choose to pay for a Renewal in order to keep the Memorial available for longer. Such a Renewal is performed immediately upon confirmation and is non-refundable, without prejudice to the mandatory statutory rights of a Consumer in the event of a defective or non-conforming service. The voluntary satisfaction guarantee of article 5.1 does not apply to Renewals.

C.3 Contributions and respectful use

Anyone who adds Content to a Memorial declares that they are entitled to do so and that they comply with the rules of conduct in article 6. The Administrator of the Memorial can manage, organise or remove contributions. Remoria can remove Content that breaches the rules of conduct or the law.

C.4 Data of invitees

Remoria processes the data of invitees solely to enable access to and the operation of the Memorial, in accordance with article 8 and the Privacy Policy.

14. Contact

Questions about these Terms or about your data? Contact us via the contact form on remoria.eu, or in writing: econik · Wouters Yonik, Neptunusstraat 91 bus 1, 2600 Antwerp, Belgium.