Terms of use of the Qevik merchant interface

1. Subject and parties

These terms govern the free use of Qevik's interface that lets an online merchant or online marketplace (the "Integrator") offer its buyers a Qevik identifier for the items it sells: the buyer enters their System ID and chooses the forms they want in the Integrator's interface, and proves they hold it by logging in on qevik.com ("mode a") or with a code sent to the e-mail address of their Qevik account ("mode b") ("Path A"); or the Integrator orders codes that the buyer activates themselves ("Activation codes"). The Integrator is the operator of the declared and verified domain. The person declaring the domain states that they act on behalf of its operator and are authorised to bind it; they provide the operator's name, country of establishment and a contact address, and keep them up to date. The Integrator acts for business purposes. Each function is opened separately; Activation codes are only available after approval by Qevik, which sets the permitted volumes.

2. Free of charge

Use is free of charge. Neither party owes the other any payment, and this creates no right to continued free use. Any remuneration of the Integrator can only arise from a separate agreement in text form. The Integrator takes no payment from buyers for any Qevik service; Qevik Plus is ordered and paid for only on qevik.com.

3. Choice and request (Path A)

The Integrator:

• a) offers the Qevik identifier as an option that is never preselected and whose refusal does not affect the purchase;
• b) offers for each item only the forms its tag can actually carry; the text option is never preselected and, where both forms are possible, the QR code is the proposed form;
• c) displays the texts of annex 1 before the choice, immediately next to it, without modifying them, in the language of its interface if that is German, French or English, otherwise in English;
• d) makes a request or asks for a code only following an action by the buyer, for the buyer's current order and with the System ID the buyer entered; it never presents the code as a login code and asks the buyer for no other data of their Qevik account, in particular neither password nor e-mail address;
• e) in mode a, sends the buyer to qevik.com as a full page, never in an embedded frame, and never collects the buyer's Qevik login details;
• f) sends, for each item, a label that accurately describes it and, as a marketplace, the accurate name of the seller;
• g) sends as IP address only that of the buyer who triggers the request, and only to apply the sending limits;
• h) does not present Qevik as its partner, attributes no commitment to Qevik, whether of return, protection or insurance, and does not advertise the identifier as free without limit.

4. Purpose

The Integrator uses the System ID entered by the buyer only to request proof of holding and, for items with the text option, to print it. For an item where only the QR code was chosen, it erases the System ID at the end of the request and keeps no link between the QR code and the System ID. It uses what it receives from Qevik solely to print or affix it on the relevant item's tag and, at the buyer's request, to remake the tag for the same item. In particular, it must not:

• a) use System IDs or codes for another item or for any other purpose, in particular as a customer identifier, for advertising, profiling or rating;
• b) look up a System ID on qevik.com or scan a code, except for an occasional readability check of the tag it produced;
• c) match them with other data to learn more about the buyer or to link the buyer to another customer or to an account on another site;
• d) disclose them to any third party, except a service provider that produces the tag on its behalf and that it binds to comply with this section.

5. Retention

The Integrator keeps a System ID received for printing only in the record of the relevant order, with no file or index of System IDs, and erases it at the latest 30 days after the item is shipped. The other contents of that record remain subject to its statutory retention obligations.

6. Wording on the tag

On the tag and around it, the Integrator uses only the wording and files of the Qevik kit, without modifying or translating them, in the language of its interface if that is German, French or English, otherwise in English. It places there no price, no statement of free use and no commitment of return, protection, guarantee or insurance.

7. Activation codes

An approved Integrator:

• a) orders batches within the volumes set by Qevik;
• b) affixes exactly one code per item, on a tag that is neither visible nor readable before the sale;
• c) sells, transfers or distributes codes only together with the item they are intended for;
• d) keeps batch files confidential and protects them against unauthorised access;
• e) revokes without delay, through the interface, any batch or part of a batch that is lost, stolen or printed by mistake.

Qevik may revoke a batch not yet activated, in particular in case of breach or abuse. An activated code stays with its holder. The Integrator only receives aggregate statistics, with no data relating to holders.

8. Marketplaces and third-party sellers

Where the Integrator operates a marketplace, it alone is a party to these terms; Qevik has no relationship with its sellers. It imposes on sellers who use the interface through it the obligations of sections 3 to 7, is liable for their breaches as for its own, and revokes the batches of a seller who does not comply. It assigns a code or seller name only to the seller it actually designates.

9. Test environment

Identifiers and codes obtained in testing are never affixed to an item sold or handed to a buyer. Test accounts contain no data of real persons.

10. Personal data

Qevik and the Integrator are separate controllers; neither acts on the other's behalf. The Integrator informs its buyers at the time of collection, at least with the texts of annex 1 and in its privacy policy, that the System ID, the chosen forms and, where applicable, the IP address are sent to Qevik, and answers their requests about its own processing. It informs Qevik without undue delay, and at the latest within 72 hours, of any personal data breach affecting System IDs or codes. Where the Integrator is established in a third country without an adequacy decision of the European Commission, the standard contractual clauses of Implementing Decision (EU) 2021/914, Module 1 (controller to controller), form part of these terms as set out in annex 2, with Qevik as data exporter and the Integrator as data importer; in case of conflict, they prevail.

11. Qevik name and logo

Qevik grants the Integrator, free of charge, a non-exclusive, non-transferable right, revocable at any time, to use the kit files and the texts of annex 1 solely for the purposes and on the conditions of sections 3 and 6. Any other use of the Qevik name or logo, in particular in a domain name, a trade mark, advertising or to present itself as a Qevik partner, is excluded.

12. Availability, closure and changes

The interface is provided without any service level or availability commitment. Qevik may at any time and without notice suspend or close an Integrator's access, a mode or a function, or discontinue the offer, in particular in case of repeated reports from buyers who requested no code. A closure does not affect items already registered by buyers: they stay with their holders. Activation codes not yet activated become inoperative. Qevik may amend these terms; the new version applies to the Integrator thirty days after it is sent to the declared contact address. An Integrator that rejects it stops using the interface.

13. Liability

As the service is free of charge, Qevik is liable only for intent and gross negligence, and for damage where the law prohibits excluding or limiting liability, in particular injury to life, body or health and under the German Product Liability Act. The Integrator indemnifies Qevik against third-party claims arising from a culpable breach of these terms by the Integrator or one of its sellers.

14. Governing law and jurisdiction

German law, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the courts of Essen have jurisdiction. The German version prevails.

15. Final provisions

If a provision is invalid, the others remain in force. No tolerance constitutes a waiver.

Annex 1: texts for the choice

The texts below, in the three languages. The Integrator displays those in the language of its interface, as per section 3 c), without modifying them.

{merchantPrivacyLink} is replaced by the link to the Integrator's privacy policy.

Annex 2: standard contractual clauses (Module 1)

Clause 7: not used. Clause 11: without the option. Clause 13: competent supervisory authority, the Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen. Clause 17: law of the Federal Republic of Germany. Clause 18: courts of Essen. Annex I.A: exporter Qevik, as per the legal notice; importer the Integrator, as per its declaration (section 1). Annex I.B: data subjects, buyers who proved they hold the identifier; data transferred, the item's QR code, confirmation of the System ID where the text option was chosen and the result of the proof; no special categories; continuous transfer, at each proof, server to server; purpose as per section 4; retention as per section 5. Annex I.C: the authority named. Annex II, importer's measures: encryption in transit, access limited to persons handling the order, erasure as per sections 4 and 5, logging of access to the data received.