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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/bisherige-allgemeine-geschaeftsbedingungen.html
The Provider shall provide the Customer with a database-supported web application (hereinafter referred to as the "Web Application") and hosting services (hereinafter also referred to as "Services") via the Internet, with the help of which the Customer can create 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 for its company.
1.1 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, Germany (hereinafter "Provider") and the customer.
1.2 The services offered by the provider are aimed exclusively at entrepreneurs within the meaning of the meaning of § 14 BGB (German Civil Code) (natural or legal person or a partnership with legal capacity partnership which, when concluding a legal transaction, acts in the exercise of its commercial or commercial or independent professional activity) and to freelancers. No contracts are concluded with consumers within the meaning of § 13 BGB.
2.1 These GTC apply exclusively. Terms and conditions that deviate from these GTC shall only become part of the contractual agreement if the provider expressly confirms this in advance. expressly confirmed in advance. This also applies 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 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.
1.2 The Provider reserves the right to change functions, modules and components provided free of charge functions, modules and components provided free of charge, to provide new functions free of charge or or for a fee and/or to discontinue the provision of functions made available free of charge. functions provided free of charge. In doing so, the Provider shall always legitimate interests of the customer.
1.3 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 the services
services, as well as the maintenance of the customer's content
are not owed. Such services shall be agreed separately.
2.1 The use of the web application and the respective services first requires the customer to register ("user account"). registration of the customer ("user account").
2.2 Upon activation by the provider, the customer is given the opportunity to independently enter their own content on their company and certain products (wine and wine products) in the web application, to generate nutritional value tables and lists of ingredients from this and, as a result, to place special websites, so-called "e-labels" with nutritional value and ingredient information on their 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 authorized customers.
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 of this 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 public decency. offend common decency. 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), who in turn may also use subcontractors. 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 the publicly publicly available, up-to-date information and sources. However, the provider assumes not guarantee that the information and sources used to create the nutritional information and and sources on which the creation of the nutritional and ingredient information and the e-labels and QR codes are based. 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 there is a need to adapt the web application, he will inform the customer 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. data and information entered into the web application and included in the e-labels. This includes, but is not limited to, the completeness of the relevant data and information to be entered under food law. 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 For certain terms and contents of the e-labels, the provider uses official translations taken from the regulations of the European Union. Despite the official origin of these translations and the care taken in their care taken in their selection, the provider cannot guarantee that the translations used are absolutely guarantee that the translations used are always up to date. Changes in the EU regulations or their interpretation may occur after integration into the web application and may 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 in its role as hoster shall take over the administration and administration and management of the data, insofar as this is necessary for hosting. The customer does not receive access to the administration backend of the hosting system.
5.3 Unless otherwise agreed, the customer is not entitled to the allocation of a fixed IP address for the fixed IP address for its created websites (e-labels). Technical or legal changes are possible at any time and are reserved.
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. 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 use the storage space provided for any illegal content that violates the law, official requirements or the rights of third parties.
5.7 The customer is not entitled to make the services available to third parties for use, whether for a fee or free of charge. use of the services. The customer is expressly prohibited from subletting the expressly prohibited.
5.8 The customer is solely responsible for the (inter alia name and trademark) legal admissibility of the admissibility of the domain name of any e-label domain registered for him at his request e-label domain (hereinafter also referred to as "e-label domain") and shall indemnify the Provider against all third-party claims relating to the choice of domain.
5.9 In the event of termination of the service package or in the event of termination of the contract by the customer or the provider, the e-label domain that may have been registered for the customer shall remain registered to the customer. The customer shall then be responsible for the administration and costs incurred for the domain.
5.10 Upon termination of the contract, or in the event of discontinuation of its services, the Provider undertakes provider undertakes to return to the customer all data, files and websites relating to the e-label domain registered e-label domain and the associated e-labels, for a maximum period of four (4) weeks, unless the parties agree otherwise. 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.
The details and information in connection with the implementation of the EU Digital Services Act Digital Services Act (DSA) will be pointed out separately by the provider.
7.1 The details of the remuneration for the use of the web application and the services are 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 VAT. 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 to the development of the costs that are decisive 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 enhancements or or reductions in the functionality of the services provided, or other changes in the economic or legal environment (e.g. inflation) lead to a changed cost situation. 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 to the extent that these cost reductions are not fully or partially offset by increases in other areas. partially offset by increases in other areas. In 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 are reflected in the price to at least the same extent as cost increases. cost increases. The provider shall inform the customer of changes in text form at least one (1) month 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. the price adjustment comes into effect.
7.5 If the customer is in arrears with payments and also fails to make payment within a further payment period of at least fourteen (14) days, together with a notice to discontinue the services for the the Provider shall have the right to refuse performance, without prejudice to any 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 shall grant 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 called up via it for the duration of the contract and subject to payment of the agreed remuneration.
8.2 For its part, the customer grants the provider a simple, transferable, licensable and sub-licensable 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 making available to the public and storage in databases as well as processing in whole or in part. The customer assures that it is authorized without restriction to grant the necessary rights rights and to dispose of these rights to this extent and that by granting these rights he does not infringe any rights of third parties, in particular any personal rights or copyrights of third parties involved in the creation of the content.
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. 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 special form provided 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 quality of the web application and the services 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 dealt with by the Provider within the scope of support. processed. Support services are to be provided for the purpose of the fastest possible processing via the communication channels provided for this purpose on the provider's website or via the ticket system that may be available. Support requests are processed during 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 occur in the errors 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, thereby preventing further damage. to rectify the error or mistake in good time and further damage has arisen as a result.
11.1 In cases in which the Provider is unable or cannot reasonably be expected 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, which prevents the Provider from providing the contractual services in accordance with the contract in whole or in part, in particular natural events, cases of arson, vandalism, burglary, sabotage, pandemics, failure of telecommunications equipment or data center data center availability, strikes or lawful lockouts as well as comparable circumstances.
12.1 In order for the service to be maintained with consistent quality, recurring maintenance recurring maintenance work on the web application or the services is necessary.
12.2 Maintenance work that may affect availability is generally announced in good time 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 for damages 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 in the case of as well as in the case of claims under the Product Liability Act or in the case of culpable injury to life, limb or health.
14.2 The Provider shall also be liable on the merits for simple negligent breaches of material contractual obligations caused by the Provider, its representatives, executives and other vicarious agents, i.e. obligations on the fulfillment of which the Customer regularly relies and may rely for the proper execution of the contract. the fulfillment of which the customer regularly relies on and may rely on for the proper execution of the contract, in this case, however, the amount is limited to the typically occurring, foreseeable damage. 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 the personal liability of its legal representatives, executives and other vicarious agents. 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 are not checked by the Provider for their 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. 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 the above paragraphs only if such a loss could not have been avoided by regular data data backup measures on the part of the customer would not have been avoidable.
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 that were created by the Customer with incorrect or incomplete content. e-labels created by the customer. 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 errors, inaccuracies or omissions in the translations provided by DeepL. It is the responsibility of the Customer 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 the necessary technical and necessary technical and organizational measures as well as the necessary security precautions to protect personal data from unauthorized use, unauthorized access, unauthorized disclosure and unauthorized disclosure. use, unauthorized access, unauthorized disclosure, unauthorized modification and unauthorized destruction.
15.3 The contracting parties shall indemnify each other against all claims arising from the unlawful processing of personal data or the 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 General Terms and Conditions 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. period of time. 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 period set in the notification of change, its consent to the change shall be deemed to have been given. change shall be deemed to have been given. 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 special fund under public law or a legal entity under public law, Düsseldorf, Germany, shall be the 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: 08.05.2024
The content of this website has been automatically translated from German with DeepL (www.deepl.com).