Terms and conditions

This is a translation for information. Only the German version is legally binding: German version

1. Subject matter and scope of the terms and conditions

1. The business

Weinlabels Patrick Schöller
Salzgasse 11
74206 Bad Wimpfen
Email address: agb@weinlabels.de

("Weinlabels")

operates an online web-based platform, accessible at the internet address https://www.weinlabels.de ("Platform"), and offers customers (hereinafter "you", "your") (together with Weinlabels, the "Parties") the generation of electronic labels ("E-Labels") for wine-based beverages. Such an E-Label contains information that can be retrieved online, e.g. on nutritional values, ingredients, constituents and general particulars, and presents it in a structured way. This information is entered by you into a predefined form and can be viewed by external third parties by scanning the QR code. Weinlabels thereby pursues the purpose of supporting producers of wine-based beverages in providing information by means of a web-based electronic solution. For this purpose, Weinlabels provides a form-based information table with predefined values, which is to be filled in by you and can be further developed (in consultation with Weinlabels).

2. The use of the Platform and of the services offered is based on these General Terms and Conditions ("Terms") in the version valid at the time of registration or order. Weinlabels does not recognise any deviating or conflicting general terms and conditions of yours.

3. These Terms apply only to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB); offers from consumers or private individuals cannot be accepted. All agreements made between you and Weinlabels for the purpose of performing this contract must be set down in writing. Amendments and additions to these Terms require the written form. These Terms also apply to all further and future business with Weinlabels without the need for further notice.

4. The content of the contract concluded between you and Weinlabels for access to and use of the Platform also results from these Terms as well as from the specific information provided in the course of creating a user account ("Account") ("Registration") (cf. clause 3) and concluding a paid subscription (clause 4) ("Subscription"), which is stored by Weinlabels and can be retrieved in your user account. 5. By completing the Registration or the Subscription, you accept the validity and applicability of these Terms.

6. For information on the collection, use and processing of your data, please read our privacy policy.

2. Functions on the Platform, access, rights and obligations

1. When creating an Account, you have the option of a simple Registration (clause 3) and of upgrading to a Subscription (clause 4). Depending on the type of Account, the corresponding functions and services are available to you.

2. Weinlabels provides the Platform, which is accessible via the world wide web (www). Weinlabels endeavours, without being obliged to do so, to ensure trouble-free operation of the Platform. However, the availability of the Platform may be impaired, e.g. by maintenance work or other influences. You have no claim to constant availability and/or damages due to technical unavailability of the Platform, regardless of the legal grounds.

3. All trademarks of Weinlabels as well as our trade names, logos, domain names and other distinctive features of the Weinlabels brand are the sole property of Weinlabels. You are not entitled to use the trademarks of Weinlabels, our trade names, logos, domain names or other distinctive features of the Weinlabels brand, either for commercial or non-commercial purposes.

4. You are granted a non-exclusive, non-transferable, non-sublicensable right to use the content provided by Weinlabels to the extent necessary for displaying and using the Platform in a web browser and for business purposes within the scope of the platform contract.

5. In the case of a simple Registration, Weinlabels is entitled to show you advertising on the Platform. As soon as the Account is upgraded to a Subscription, Weinlabels will no longer show advertising.

3. Registration with Weinlabels

1. Registration is required in order to use the Platform.

2. Persons who have a legitimate interest in using Weinlabels ("Prospective Customer") are entitled to register. A legitimate interest exists if the following points apply:

i) It is a legal entity represented by a natural person aged at least 18 years OR

ii) It is a natural person engaged in a trade or business and aged over 18 years.

iii) The person a) works in, or b) is the owner of a business for, c) or pursues as a corporate purpose, among other things, the production of wine-based beverages. iv) Due to current or upcoming legal requirements or regulations, the Prospective Customer's wine-based beverages must be provided with nutritional information.

3. Weinlabels is entitled, at its own discretion, to request proof of the existence of a legitimate interest. You agree to provide such proof without delay.

4. By registering, you conclude a contract with Weinlabels for the free use of the Platform. Registration does not oblige you to conclude a Subscription. With the Registration, the functions of the Platform are only available to you to a limited extent. You are entitled to manage your account data and can already create your "beverage profiles", i.e. the data records for your wine-based beverages including nutritional information and further information required to create an E-Label, and store them in your Account.

5. For Registration, you must provide a valid email address and a password of your own choice. Access to these authentication data and to your Account may only be permitted and enabled for authorised persons commissioned by you who have familiarised themselves with the processing of their personal contact data for these purposes in accordance with the privacy policy on the Platform ("Users"). These must be stored in the Account data.

6. All information required for Registration must be complete and correct and must always be kept up to date. Weinlabels is entitled to store and process the data you provide during Registration in compliance with all applicable provisions of law, including the applicable data protection regulations.

7. You must take all reasonable precautions to protect your authentication data, in particular the login password for your Account, against unauthorised access. Passing on authentication data to third parties is not permitted. Otherwise there is a risk that the Platform will be misused or otherwise used without authorisation. If you have reason to believe that third parties are aware of your password, you are obliged to change it without delay. A change of password can be requested in the settings area. If you discover or suspect misuse or other unauthorised use of the authentication data and/or the Platform by third parties, you must inform Weinlabels without delay.

4. Conclusion of a paid Subscription

Not applicable. Weinlabels can be used free of charge.

5. Terms of payment, set-off and right of retention

Not applicable. Weinlabels can be used free of charge.

6. Term and termination

1. The free use of the Weinlabels Platform is permitted for an indefinite period from the completion of Registration. You may terminate this contract at any time. To do so, please send us an email to kontoloeschung@weinlabels.de.

2. If you wish to delete your Account completely, you can request this by email to
kontoloeschung@weinlabels.de
Please note that all data will be irrevocably deleted.

7. Liability

1. Any action by a User of your Account on or in connection with the Platform, in particular the uploading and entering of content, is attributed to you as your own use of the Platform, and you are liable for it accordingly. This applies in particular to the nutritional values and other information entered in the beverage profiles.

2. By means of appropriate contractual obligations (e.g. confidentiality obligations) with the respective User of your Account, you ensure that the User complies with these Terms and any contractual provisions, as well as the data protection standards and all applicable laws and regulations.

3. If you become aware that the User is violating obligations under these Terms or statutory provisions, you must notify Weinlabels without delay. In addition, you are obliged to take all actions required under applicable law and all immediate measures to stop and remedy the violation, in particular to prohibit the User from further access to the Platform. Weinlabels reserves the right to block the Account concerned from further access to the Platform.

4. Under no circumstances shall Weinlabels be liable to you or any other person for any losses, liabilities, claims, damages (including consequential costs) or expenses arising from acts or omissions in the exercise of its rights or the performance or non-performance of its obligations under this contract by Weinlabels, its directors, officers, representatives or persons acting on its behalf, except in the case of:

a) injury to persons (injury to life, body and health),

b) losses, liabilities, claims, damages or costs caused intentionally or by gross negligence of Weinlabels, its directors, officers, representatives or persons acting on their behalf, or

c) losses, liabilities, claims, damages or expenses caused solely by simple negligence of Weinlabels, its managing directors, officers, representatives or the persons acting on their behalf in connection with the breach of essential rights and obligations under this contract.

5. The liability of Weinlabels is limited to the damage that is typical for the contract and foreseeable at the time the contract with you was concluded, within the scope of all circumstances that were or should have been known to Weinlabels.

6. It is agreed that each Party is obliged to minimise as far as possible any losses, liabilities, claims, damages or expenses arising from the breach of an obligation by the other Party.

7. Weinlabels does not provide legal advice or other legal services within the meaning of the German Legal Services Act (Rechtsdienstleistungsgesetz). Compliance with any European regulations in connection with labelling obligations and food-related particulars and other legal acts applicable to you is your own responsibility. Weinlabels merely enables the electronic presentation of your information.

8. Amendment of the Terms

1. Weinlabels reserves the right to amend or supplement these Terms for the future, provided that this is reasonable for you, taking into account the interests of Weinlabels. If there is no express consent from you to an amendment of the Terms, Weinlabels will inform you in good time of any amendments and/or additions to the Terms (at least four weeks before the amended Terms take effect). For this purpose, you will receive the new version of the Terms at the email address you provided during Registration. In this context, Weinlabels will expressly inform you of the possibility of and deadline for objecting to the validity of the new version of the Terms and of the consequences of failing to object.

2. If you do not object to the validity of the new Terms within four weeks of receiving the notification pursuant to clause 10.1, the new version of the Terms shall be deemed accepted by you.

3. If you object to the validity of the new Terms in good time, the contractual relationship will be continued under the previous Terms. Please note, however, that in this case Weinlabels may decide to terminate the free usage contract or the paid Subscription at the next possible ordinary termination date.

9. Final provisions

1. Should any provision of these Terms be invalid, the remainder of the contract shall remain valid. The invalid provisions shall be replaced by the statutory provisions, where available.

2. Since these Terms apply only to business customers, there is no right of withdrawal.

3. Unless there is an exclusive statutory place of jurisdiction, the court at the registered office of Weinlabels, i.e. Frankfurt, shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship.

4. For the out-of-court settlement of consumer law disputes, the European Union has set up a platform for online dispute resolution ("ODR platform"), which can be accessed at http://ec.europa.eu/consumers/odr. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. Pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG), Weinlabels points out that Weinlabels is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.