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Please note: This text has been automatically translated from German. This translation is for information purposes only. The legally relevant original text can be found on the German version of this website:
https://www.elabels4wine.de/allgemeine-geschaeftsbedingungen.html
The Provider shall provide the Customer with a database-supported web application (hereinafter referred to as "Web Application") as well as hosting and domain registration services (hereinafter also referred to as "Services") via the Internet, with the help of which the Customer can for his company, in particular nutritional information and lists of ingredients as well as so-called e-labels for wine and wine products (hereinafter also referred to as "e-labels") and QR codes.
1.1 The contractual partners in connection with these terms and conditions of contract and use (hereinafter "GTC") are the company "elabels4wine", owner Stefan Hollmann, Herchenbachstr. 9, 40470 Düsseldorf (hereinafter "Provider") and the customer.
1.2 The services offered by the Provider are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction) and freelancers. No contracts are concluded with consumers within the meaning of § 13 BGB.
2.1 These GTC apply exclusively. Terms and conditions deviating from these GTC shall only become part of the contractual agreement if the Provider expressly confirms this in advance. This shall also apply if the provider does not expressly object to deviating terms and conditions of the customer, even if these are attached to requests for quotations, orders or declarations of the customer.
2.2 These GTC shall also apply to all future orders and agreements, even if they are not expressly agreed again or are not referred to again, unless the parties agree otherwise in writing.
1.1 The subject matter of these GTC is the regulation of the rights and obligations in connection with the services mentioned in the introduction (A.).
1.2 The contractual components of the web application and the services, their technical properties, functions and characteristics are conclusively set out in the current service description, which the Provider makes available to the Customer on its website and upon conclusion of the contract.
1.3 The Provider reserves the right to change functions, modules and components made available free of charge, to make new functions available free of charge or for a fee and/or to discontinue the provision of functions made available free of charge. The Provider shall always take into account the legitimate interests of the Customer.
1.4 In the absence of a contractual agreement to the contrary
a) customer-specific adaptations of the web application and the services
b) instructions, training and
c) other services beyond the delivery and provision of the web application and services, as well as the maintenance of the customer's content
are not owed. Such services are to be agreed separately.
2.1 The use of the web application and the respective services first requires the customer to register ("user account").
2.2 Upon activation by the provider, the customer is given the opportunity to independently enter his own content on his company and certain products (wine and wine products) in the web application, to generate nutritional value tables and ingredient lists from this and, as a result, to place special websites, so-called "e-labels" with nutritional value and ingredient information on his wines and wine products online.
2.3 The desired functions, modules and components can be booked via the user account.
3.1 All logins are individualized and may only be used by the respective authorized customer.
3.2 The customer is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. The customer is also responsible for maintaining the confidentiality of employee logins and shall instruct its employees accordingly. In the event of suspected misuse by a third party, the customer shall inform the provider immediately.
3.3 The customer is prohibited from posting content (e.g. through links or frames) on the web application that violates legal regulations, official orders or morality. Furthermore, they are prohibited from posting content that violates the rights, in particular personal rights, copyrights or trademark rights of third parties.
3.4 Subject to deviating individual agreements, the Provider is not responsible for the integration and (legal) review of the Customer's content (in particular images, texts, food or consumer law information). Furthermore, the Provider is not responsible for entering and/or legally checking the products, the legal notice, the privacy policy.
3.5 Customers based outside Germany are responsible for compliance with the laws and regulations applicable in their country.
3.6 The Provider is entitled to subcontract the necessary services in its own name and for its own account (e.g. hosting providers), which in turn may also use subcontractors.
4.1 Within the web application, the customer has the option of selecting various options for the design and content of the e-labels and QR codes. The provider points out that not all options may be permissible in every legal context or under all circumstances. The responsibility for selecting and using these options and checking the relevant legal requirements lies with the customer.
4.2 The Provider has no influence on the specific use of the e-labels, QR codes, nutritional information and ingredient lists generated with the web application. The customer is therefore responsible for the proper and legally compliant use and integration of the content created with the web application.
4.3 The Provider shall provide the web application to the best of its knowledge based on publicly available, up-to-date information and sources. However, the Provider does not guarantee that the information and sources on which the creation of the nutritional value and ingredient information and the e-labels and QR codes are based are always up-to-date, complete and correct. The provider will continuously inform itself about any updates and changes to the food law regulations and obligations relevant to the design and content of the e-labels with regard to nutritional information and ingredient lists and update the web application accordingly if necessary. If the web application needs to be adapted, the customer will be informed promptly in advance.
4.4 The customer is responsible for the accuracy and legality of the data and information entered by him in the web application and included in the e-labels. This includes, but is not limited to, the completeness of the relevant food law data and information to be entered. The customer is obliged to check the generated e-labels independently and regularly for accuracy, up-to-dateness and legality and, if necessary, to seek expert advice to ensure compliance with all relevant legal requirements.
4.5 The provider uses official translations for certain terms and contents of the e-labels, which were taken from the regulations of the European Union. Despite the official origin of these translations and the care taken in their selection, the Provider cannot guarantee that the translations used are absolutely free of errors or that they are always up to date. Changes in the EU regulations or their interpretation may occur after integration into the web application and lead to discrepancies.
4.6 The customer is responsible for the final review and approval of the translated content, especially if it contains legally binding information. If necessary, the customer shall have the translations checked by a qualified translator to ensure that they comply with the legal requirements of the target country.
4.7 The Provider offers the Customer the option of using dynamic QR codes to link any websites, including third-party e-labels. The Provider merely provides the technical functionality for linking and assumes no responsibility for the content, correctness, legality or quality of the websites or e-labels linked via these QR codes.
5.1 The Provider hosts the websites (e-labels) created using the web application. The customer is not entitled to host the websites created using the web application with another provider.
5.2 Unless otherwise agreed, the provider shall assume the administration and management of the data in its role as host, insofar as this is necessary for hosting. The customer does not receive access to the administration backend of the hosting system. For the registration of domains, the respective conditions of the individual registries also apply.
5.3 Unless otherwise agreed, the customer is not entitled to the allocation of a fixed IP address for its websites (e-labels). We reserve the right to make technical or legal changes at any time.
5.4 The provider is not liable for downtimes, data loss, performance impairments or other problems that are directly attributable to the hosting service. This includes, but is not limited to, problems resulting from technical errors, maintenance work, network overload, hardware or software failures and other circumstances beyond the direct control of the provider.
5.5 The provider undertakes to take reasonable measures to ensure that the hosting provider it uses complies with the agreed service levels and quality standards. Should problems arise with the hosting service, the provider will make reasonable efforts to resolve these in cooperation with the hosting provider.
5.6 The customer undertakes not to store any illegal content that violates the law, official requirements or the rights of third parties on the storage space provided.
5.7 The customer is not entitled to make the services available to third parties for use, either for a fee or free of charge. The customer is expressly prohibited from subletting the services.
5.8 The Customer is solely responsible for the admissibility (including under name and trademark law) of the domain name of any e-label domain (hereinafter also referred to as "e-label domain") registered for him at his request and indemnifies the Provider against all third-party claims in relation to the choice of domain.
5.9 In the event of termination of the service package or termination of the contract by the customer or the provider, the e-label domain registered for the customer, if any, shall remain registered in the customer's name. The customer is then responsible for the administration and the costs incurred for the domain (including any timely domain transfer to a new provider).
5.10 Upon termination of the contract, or in the event of discontinuation of its services, the Provider undertakes to make available to the Customer all data, files or websites belonging to the e-label domain registered for the Customer and the associated e-labels, but for a maximum period of four (4) weeks, unless the parties agree otherwise.) This enables the customer to continue to operate the registered domain with the e-labels and QR codes independently and without the provider.
5.11 The Provider assumes no responsibility for the functionality of the e-labels or the domain and its content after the files have been handed over, in particular if the files are modified by the Customer or third parties after handover.
Details and information in connection with the implementation of the EU Digital Services Act (DSA) will be provided separately by the provider.
7.1 The details of the remuneration for the use of the web application and the services are set out in the respective service description and the tariff selected by the customer. Agreed fees are due for payment immediately and can be paid using the means of payment offered.
7.2 All fees are quoted in EUR and are subject to the applicable statutory value added tax.
7.3 Invoices shall be sent exclusively by electronic means.
7.4 The Provider may adjust the agreed conditions at its reasonable discretion in line with the development of the costs that are relevant for the price calculation. A price increase shall be considered and a price reduction shall be made if, for example, the costs for the procurement of hardware and software as well as energy, the use of communication networks or labor costs increase or decrease, significant functional expansions or functional reductions of the services provided take place or other changes in the economic or legal framework conditions (e.g. inflation) lead to a changed cost situation. Increases in one type of cost, e.g. wage costs, may only be used for a price increase to the extent that they are not offset by any declining costs in other areas, such as the costs of hardware and software. In the event of cost reductions, e.g. in hardware costs, the provider shall reduce prices insofar as these cost reductions are not fully or partially offset by increases in other areas. When exercising its reasonable discretion, the Provider shall select the respective points in time of a price change in such a way that cost reductions are not taken into account according to more unfavorable standards for the Customer than cost increases, i.e. cost reductions shall have at least the same price effect as cost increases. The provider shall inform the customer of changes in text form at least three (3) months before the changes come into effect. If the customer does not agree with the price adjustment, he may terminate the subscription extraordinarily at the time the price adjustment comes into effect.
7.5 If the customer is in arrears with payments and does not make payment within a further payment period of at least fourteen (14) days, together with a notice to discontinue the services for the time being, the provider shall be entitled to refuse performance, without prejudice to other claims. This includes in particular the right to block access to the web application and the services until payment has been made in accordance with the contract.
8.1 Unless otherwise agreed in writing, the Provider grants the Customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the web application and the functions and components that can be accessed via it for the duration of the respective contract and subject to payment of the agreed remuneration.
8.2 For its part, the customer grants the provider a simple, transferable, licensable and sublicensable right of use to the respective content, unlimited in terms of territory and content and limited in time to the term of the contract on the use of the web application and services, for the purpose of a) publishing, editing and evaluating this content for the customer; b) reproducing, making publicly accessible and storing in databases as well as processing in whole or in part. The customer assures that he is fully authorized to grant the necessary rights and to dispose of these rights to this extent and that he does not violate any rights of third parties, in particular personal rights or copyrights of third parties involved in the creation of the content, by granting these rights.
9.1 Unless otherwise agreed, the contract has a minimum term of one month and can be terminated by either party with a notice period of one month to the end of the term. If the contract is not terminated, it is automatically extended for the same period. The contractual relationship begins with the customer's application and registration or with the first payment.
9.2 Notice of termination must be given in writing. This can be done by e-mail or via a specially provided form in the customer interface of the web application.
9.3 Both parties have the right to terminate without notice for good cause. Good cause shall be deemed to exist if one party breaches material contractual obligations and the other party is significantly impaired as a result.
9.4 After the end of the contract (or after the expiry of the transition period specified in section 5.10), the customer will no longer have access to the web application and the e-labels and QR codes created. The customer is responsible for backing up his data before the end of the contract. Data will be irrevocably deleted no later than six months after the end of the contract.
10.1 The Provider warrants that the contractually agreed quality of the web application and the services will be maintained during the respective license term and that no rights of third parties conflict with the contractual use. The Provider shall remedy any material defects and defects of title within a reasonable period of time.
10.2 Application or software errors shall be processed by the Provider within the scope of support. Support services are to be requested via the communication channels provided for this purpose on the provider's website or via the ticket system available, if applicable, for the purpose of the fastest possible processing. Support requests are generally processed chronologically during regular business hours in the order in which they are received by the provider. Urgent support requests outside regular business hours can be arranged for a separate fee.
10.3 The Customer undertakes to inform the Provider immediately if errors or mistakes are detected in the content generated by the web application, in particular the e-labels and the associated QR codes. This includes, but is not limited to, technical errors, malfunctions and legal inconsistencies in the generated content.
10.4 Upon receipt of such an error message, the Provider undertakes to check it immediately and to rectify it to the best of its ability. If immediate rectification is not possible, the Provider shall inform the Customer of the expected duration of the error rectification.
10.5 Failure by the Customer to notify the Provider of errors or mistakes in good time may limit the Customer's claims to rectification of defects or compensation if the Provider was unable to rectify the error or mistake in good time as a result of the delayed notification and further damage was incurred as a result.
11.1 In cases in which it is not possible or reasonable for the Provider to provide a contractual service due to force majeure, no claims for damages or other claims or rights (including rights of organization, objections or defenses) shall exist. However, the Provider shall do everything in its power to keep the effects of the force majeure event for the Customer as low and as short as possible and at the same time maintain its own performance capability as far as possible.
11.2 Force majeure shall be deemed to be any event for which neither contracting party is responsible and which cannot be averted even with the utmost, reasonably expected care, and which prevents the Provider from providing the contractual services in whole or in part, in particular natural events, cases of arson, vandalism, burglary, sabotage, pandemics, failure of telecommunications facilities or data center availability, strikes or lawful lockouts, as well as circumstances comparable to these.
12.1 Recurring maintenance work on the web application or the services is necessary so that the service can be maintained with consistent quality.
12.2 Maintenance work that may affect availability will generally be announced in good time and carried out in such a way that the disruption to customers is kept to a minimum. Restrictions due to this maintenance work do not constitute a defect in the service owed by the provider and do not entitle the customer to compensation and/or a reduction in the contractually owed remuneration.
Unless otherwise agreed, the Customer expressly grants the Provider permission to publicly present the business relationship with the Customer in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, the Provider is entitled to advertise the business relationship with the Customer.
14.1 Unless otherwise stipulated below, the Provider shall be liable in accordance with the statutory provisions for intent and gross negligence. The same applies to the assumption of guarantees or any other assumption of no-fault liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health.
14.2 The Provider shall also be liable on the merits for simple negligent breaches of essential contractual obligations caused by the Provider, its representatives, executives and other vicarious agents, i.e. such obligations on the fulfillment of which the Customer regularly relies and may rely for the proper execution of the contract, but in this case the amount shall be limited to the foreseeable damage typically arising. The amount shall be limited to the amount paid by the customer for the contractual services in the last year before the occurrence of the damaging event. Any further liability of the provider is excluded.
14.3 Insofar as the liability of the Provider is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executives and other vicarious agents.
14.4 The Customer content that can be accessed via the web application and services does not reflect the opinion of the Provider and is not checked by the Provider for its legality, accuracy and completeness. The Provider also assumes no liability for the quality, security or legality of the goods or services offered by Customers via their websites and applications.
14.5 The Customer shall indemnify the Provider against all claims asserted against the Provider by other users or other third parties due to an infringement of their rights by information and other content posted by the Customer or due to the Customer's use of the web application. The customer shall assume the costs of the necessary legal defense of the provider, including all court and attorney's fees in the statutory amount.
14.6 The Provider accepts no liability for disruptions within the network for which the Provider is not responsible. The Provider shall only be liable for the loss of data in accordance with the above paragraphs if such a loss could not have been avoided by regular data backup measures on the part of the Customer.
14.7 The Provider shall not be liable for any direct or indirect damage that the Customer or third parties may suffer as a result of the use of E-Labels created by the Customer with incorrect or incomplete content. The same applies to the use of or access to content linked via QR codes. This includes, but is not limited to, fines, penalties or loss of reputation.
14.8 The Provider accepts no liability for any errors, inaccuracies or omissions in the translations provided by DeepL. It is the responsibility of the Client to check the accuracy and legality of the translations and to ensure that they comply with the requirements and legal provisions in the target language.
14.9 The Provider accepts no liability for the legality of the use of its services in other jurisdictions. The Customer is responsible for ensuring that the use of the Provider's services complies with local laws and regulations.
15.1 Each party is responsible for ensuring that its employees and other vicarious agents comply with the relevant statutory provisions, in particular those of the EU General Data Protection Regulation.
15.2 The contracting parties undertake to take and maintain the necessary technical and organizational measures as well as the necessary security precautions in their organizational area in order to protect personal data from unauthorized use, unauthorized access, unauthorized disclosure, unauthorized modification and unauthorized destruction.
15.3 The contracting parties shall indemnify each other against all claims resulting from unlawful processing of personal data or failure to comply with data protection obligations (e.g. information).
1.1 These General Terms and Conditions (GTC) were originally drawn up in German. In order to accommodate our international customers, we offer translations of these GTC into other languages. These translations are for information purposes only.
1.2 In the event of ambiguities, contradictions or differences between the German version and a translated version of these GTC, the German version shall always prevail. This means that in the event of differences of interpretation or discrepancies, the German version shall be legally binding.
1.3 The Provider is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legal situation) and subject to a reasonable period of notice. Existing contractual partners will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing contractual partner does not object within the deadline set in the notification of change, its consent to the change shall be deemed to have been granted. The notification of the intended amendment to these GTC shall refer to the deadline and the consequences of an objection or failure to object.
2.1 These Terms and Conditions of Contract and Use are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2.2 If the customer is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Düsseldorf shall be the exclusive place of jurisdiction for all disputes arising from the contract. The same applies if the customer moves his place of residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.
Status: 24.07.2024
The content of this website has been automatically translated from German with DeepL (www.deepl.com).