1. Scope of application
1.1. The following Gemneral Terms of Use (“GTC”) govern the legal relationship between the persons who access the deinadieu.ch website (the “Website”) (“Users”) and the operator of the Website, EMNA Web AG (for operator details, see the imprint, the “Operator”).
1.2. The GTC apply from the first time the user accesses the website. They are supplemented by the data protection notice and the specific service descriptions and notices on the website.
2. Service offering
2.1. The website provides users with information on the topic of estate planning. In particular, the website provides information on the topic of estate donations. Users have the option of using an online tool for generating will templates (“testament generator”) as well as other document generators (e.g. obituary, living will, etc.) in accordance with the provisions of section 3 of these GTC. Private use of the website is permitted. Written consent from the operator is required for commercial use.
2.2 The website allows non-governmental organisations, Spitex, non-profit organisations, etc., (the “Fundraising Partners”) to present themselves as recipients of estate donations. In addition, service providers (especially lawyers specialising in inheritance law, the “Partners”) can present themselves and their services on the website. Separate conditions apply to the use of the website by fundraising partners and affiliates.
2.3. The website enables users to contact the partners and fundraising partners. At the request of users, the operator transmits individual enquiries and contact details of users to partners and fundraising partners.
2.4. Users can access the information published on the website and use the wills tool and the other document generators free of charge. The operator reserves the right to agree supplementary conditions and prices for individual services, in particular for those to be provided to companies. If individual services are only provided against payment – including digital data – the operator shall expressly inform the users of this. A conclusion of contract constituting, constituting an obligation to pay remuneration, shall only come into existence with a click on the button “Order now with costs”.
2.5. The formulation and execution of contracts with third parties, in particular partners, is the sole responsibility of the user and the third party. For these contracts, the operator assumes neither a guarantee for performance nor liability for any material defects or defects of title. In particular, the information provided by third parties and published on the website does not represent any properties guaranteed by the operator. The operator is under no obligation to ensure the fulfilment of contracts concluded between users and third parties.
3. Testament-Generator
3.1. The website, in particular the testament generator tool, does not constitute legal advice or legal services. The operator does not offer a legal examination of the individual case within the meaning of the Legal Services Act (RDG).
3.2. To use the testament tool, users provide the operator with personal data. To do this, users must create a user account in which they can manage their documents and view the contractual use of their data. The consumer information presented under Part B therefore results for users. In particular, users have a right of withdrawal. The right of withdrawal expires in the case of the provision of digital content when the entrepreneur has started to perform the contract, and in the case of services when the entrepreneur has fully rendered the service.
3.3. The will tool only takes into account the law of the Federal Republic of Germany.
3.4. The offer supports the users with a legally verified, software-supported question/answer and document creation process in the independent creation of a will template. It is the user’s responsibility to follow the instructions for explaining and using the will tool. In doing so, he or she must critically examine the possible answers and select them in such a way that they correctly reflect the use case. If the answer options are not suitable for reflecting his/her situation from the user’s point of view, the testament tool is unsuitable for these users. Beyond the selection of pre-formulated answer options, there is no specification for the respective individual case.
3.5. The testament tool can therefore not record every situation individually with its specific characteristics. It is the user’s responsibility to check the legal document created for plausibility in relation to the intended use. In case of doubt, ambiguity or constellations in which a standardised procedure is not advisable, users are advised to consult a lawyer.
3.6. When using the will tool, users are made aware of the possibility of inheritance donations. The operator suggests fundraising partners as recipients of such an estate donation. The order of the fundraising partners suggested to the users follows defined criteria: Random principle; organisations that have booked a top listing are listed with the same monthly reach before the organisations that have not booked a top listing. There is neither an obligation to make an estate donation nor to select one of the proposed fundraising partners.
4. Registration; User Account
4.1. Users have the option of creating a user account on the website in order to save and manage the text created in the will tool and the other document generators. The storage only serves to facilitate the user’s access to the generated text and in no case replaces, for example, the filing of a will, in particular with the local court.
4.2. To set up a user account, users conclude a user contract by entering their e-mail address and a password of their choice in the fields provided, clicking on the “Register now” button and confirming their e-mail address by clicking on the registration link in the e-mail sent to them by the operator.
4.3. Users are committed to treating their access data confidentially and to use it exclusively for themselves.
4.4. The operator can refuse registration at any time and also subsequently without giving reasons.
4.5. The user contract is concluded for an indefinite period and begins with the conclusion of the contract in accordance with section 4.1. Users have the right to delete their user account at any time and without giving reasons, and thus also to terminate the user contract.
4.6. After the user account’s deletion, access to the data stored in the user account is no longer possible. The operator will delete the data stored in the profile after a reasonable retention period.
5. Altering or discontinuing the range of services and deleting profiles
5.1. The operator may modify, change or temporarily or permanently discontinue the operation of the website or individual parts thereof at any time.
5.2. The operator reserves the right to delete user accounts without giving reasons and without prior or subsequent notice to the users concerned.
6. Warranty of the services’ functionality
6.1. The operator will maintain and update the website with due care. The Website is generally made available with the quality, including functionality, compatibility, accessibility, continuity and security, that is customary for digital products of the same type and that users can expect, taking into account the nature of the digital product.
6.2. The operator does not guarantee the correctness, completeness and accuracy of the contents, documents and other services.
7. Liability
7.1. The operator is liable for intent and gross negligence to the full extent. In the event of breaches of essential contractual obligations caused by slight negligence by the operator or their legal representatives or vicarious agents in the context of the use of the website, liability towards the user is limited to the foreseeable, contract-typical, direct average damage. An essential contractual obligation is any obligation that is necessary for the fulfillment of contractual purposes and on the fulfillment of which the user has relied or could have relied. Moreover, liability is excluded.
7.2. Insofar as the website provides access to other websites via links, the operator is not responsible for the third-party content contained therein. The operator does not appropriate external content as its own. Liability for third-party content is excluded. If the operator becomes aware of illegal content on external websites, it will remove the link to these immediately.
7.3. The operator is not liable for the factual accuracy of third-party content and data or for the absence of viruses in files placed on the website by users or by other users, companies or external third parties recognisable to users. Reference is made to the possibility of initiating proceedings for the removal of inappropriate content.
7.4. The operator is not liable for damages to users resulting from following or not following recommendations, tips, best practices or the use of templates.
7.5. The above limitations of liability and exclusions do not apply to any claims of the users against the operator arising from product liability. Furthermore, the limitations of liability do not apply to physical injury or damage to the health of users attributable to the operator.
8. Data Protection
8.1. The operator has taken comprehensive technical and organisational precautions to ensure that data is handled confidentially and exclusively for the intended purpose. However, misuse by unlawful acts of third parties cannot be completely ruled out.
8.2. The operator is obliged to use the data stored during registration and use only for its own purposes and not to pass it on to external third parties, unless there is an officially ordered obligation to do so or the user has given their express consent, e.g. by explicitly ticking a checkbox when contacting fundraising partners/partners. This regulation on the handling of data is substantiated and supplemented by the data protection notice.
8.3. The operator has obliged its employees who are entrusted with the administration and/or operation of the website to strictly comply with data protection regulations.
8.4. The operator is entitled to observe and record the usage behaviour of users in order to ensure the proper operation of the website and to combat misuse. Clause 8.2 shall apply accordingly to such data.
8.5. If users enter personal data of a third party on the website, they warrant that they are authorised to do so. Users are obliged to inform the third party before transmitting their personal data.
9. Severability Clause
If any provision or part of a provision of these GTC or its annexes is or becomes invalid or unenforceable, this shall not affect the validity of the rest of these GTC. The Operator and the Users are obliged in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that is equivalent in terms of its economic effect, provided that this does not result in a material change to the content of these General Terms and Conditions or their annexes.
10. Applicable law and forum
10.1. The law of the Federal Republic of Germany applies to contracts between the operator and users, excluding the UN Sales Convention. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has its habitual residence as a consumer, shall remain unaffected.
10.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main in the Federal Republic of Germany, insofar as the user is a merchant or a public corporation. In addition, the Operator is entitled and, in the case of consumers, obliged to bring an action at the general place of jurisdiction of the User.
Part B – Consumer information/information in electronic commerce for distance contracts about the use of DeinAdieu
If you use “DeinAdieu” by means of long-distance communication, we would like to point out the following:
(1) Operator identity:
EMNA Web AG
Limmatstrasse 65
CH 8005 Zürich
Phone: +41 44 500 52 37
support@deinadieu.de
(2) The language available for the conclusion of the contract is German and English.
(3) The main features of the services we offer and the period of validity of limited offers can be found in the individual service descriptions in the context of “DeinAdieu” (web portal).
(4) The use of our web services is basically free of charge for you and in some cases can even be used without registration. In some cases, you have the opportunity to use additional functions if you provide us with personal data in return, which we evaluate to evaluate user behavior and improve our offer and share with our partners and fundraising partners. In this case, we will always inform you explicitly and transparently and will obtain your explicit consent prior to processing your personal data before providing the Services to you.
(5) You can identify any input errors when submitting your order for these services in DeinAdieu in the final confirmation and correct them at any time using the delete and change function before sending the order.
(6) If you provide us with your personal data, there is no minimum contract period. You can stop the further processing of your personal data at any time by deleting your user account or deselecting the respective services or objecting to the further processing of your personal data by sending a message to support@deinadieu.de.
(7) If a service or performance ordered by you is not available in your country, we reserve the right not to provide the service or performance.
(8) You can address any complaints to «DeinAdieu» customer support at any time. Alternatively, you can also contact us by e-mail, letter or telephone during our business hours. We will then get in touch with you in a reasonable time.
(9) The liability for defects is based on the statutory provisions.
(10) Right of rescission
Consumers are entitled to a right of withdrawal based on the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you need to:
EMNA Web AG
Limmatstrasse 65
CH 8005 Zürich
Phone: +41 44 500 52 37
support@deinadieu.de
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from the contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have made all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Expiration of the right of withdrawal
The right of withdrawal expires in the case of the provision of digital content when the entrepreneur has started to perform the contract, and in the case of services when the entrepreneur has fully rendered the service.
Further important notes:
Without prejudice to your statutory right of withdrawal, you can delete your free user account at any time and thus end the existing contractual relationship with us.
Exclusion of the right of withdrawal:
The right of revocation against us does not apply to such contracts that are not concluded between the user and the operator, but between the user and a third party, e.g. our partners. Any rights of revocation in this regard can only be asserted against the third party.
Sample form for your revocation
If you want to revoke the contract, you can fill out this form and send it back to us:
EMNA Web AG
Limmatstrasse 65
CH 8005 Zürich
support@deinadieu.de
Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back to:
EMNA Web AG E-Mail: support@deinadieu.de
Limmatstrasse 65
CH 8005 Zürich
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
______________________________________
______________________________________
______________________________________
– Ordered on (*)/received on (*): _____________________________
– Name of the consumer: _____________________________
– Address of the consumer: _____________________________
____________________
Signature of consumer(s)
Date ___________________________ (*) Please cross out what is not applicable
(11) The data required for the execution of the contract between you and us will be stored by us. The contract and activity data remain accessible to you if you have registered with us. In this respect, we also refer to the provisions of our data protection notice.
(12) You can print out this information, the general terms of use, the data protection notice and all other information via our web portal or save it in a reproducible form: You print out the respective page with your browser by selecting the “Print” function in the main menu of your browser. You can save the respective page by selecting the “Save as” function in the main menu of your browser. In addition, all contractual provisions are stored by us. We will also be happy to send you the contract terms by e-mail on request.
(13) Please also note the notes and information on data protection.
(14) The EU Commission provides an internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform can be reached via the following link: https://ec.europa.eu/consumers/odr
(15) We are not obliged and not willing to participate in dispute settlement procedures before a consumer arbitration board.
(16) We are not subject to any specific codes of conduct not mentioned above.
As of June 15, 2023
Responsible: EMNA Web AG