General Terms and Conditions

1. These Terms of Use apply to the browser-based software (hereinafter referred to as "Software") of Wohlrabe & Furrer E-Label GbR - Das digitale Wein E-Label, Maxburgring 40b, 76887 Bad Bergzabern, Germany, available at https://e-label.online/.
2. You can call up and print out the currently valid terms of use on the website https://e-label.online/anmeldung/agb. The text of the contract will not be saved by Wohlrabe & Furrer E-Label GbR after conclusion of the contract.
3. Any other terms and conditions of users are excluded. Any deviation from this can only be made by written confirmation from Wohlrabe & Furrer E-Label GbR.

1. By completing the online registration process, a contract for the use of the software is concluded with Wohlrabe & Furrer E-Label GbR.
2. The object of the contract of use is the free use of the online offer of the software. It is possible to make use of further services of the provider that are subject to a charge.
3. Use is only open to entrepreneurs. The registration of a legal entity or partnership may only be carried out by an authorized natural person who must be named.
4. The creation of a user profile requires the creation of a user account. This consists of an e-mail address and a password ("login data") as well as the company, name of the acting person and the user's address. The creation of a user account is only possible if the user provides a current e-mail address. This e-mail address is also used for communication with Wohlrabe & Furrer E-Label GbR.
5. The user warrants that the data used to create his/her profile ("profile data") is accurate and complete.
6. Wohlrabe & Furrer E-Label GbR is under no obligation to conclude a contract of use. In particular, Wohlrabe & Furrer E-Label GbR is entitled to refuse to conclude a contract of use without giving reasons.
7. The user is obliged to handle the log-in data with care. In particular, the user is prohibited from disclosing and/or transferring the log-in data to third parties and/or enabling third parties to access the profile by bypassing the log-in data, unless the software expressly allows this. Disclosure to employees of a company is excluded from this, as is the function . The employees must be instructed accordingly on the careful handling of the access data.
8. If the user breaches his obligations in accordance with the above paragraph and his user account is used by third parties, the user shall be liable for all activities that take place using his user account. The user shall not be liable if he is not responsible for the misuse of his user account.
9. The contractual language is exclusively German. In the event of translations of these GTC and discrepancies between the German and the translated version, the German version shall take precedence.

1. The software is a browser-based software. Users can electronically store data, including nutritional declarations and the list of ingredients for wines and other beverages, on the Wohlrabe & Furrer E-Label GbR system. The software creates QR codes that can be printed on the beverage bottles to be declared. The data retrievable via the QR code and stored by the user is hosted on the Wohlrabe & Furrer E-Label GbR website for the user (file hosting service) so that users can meet their legal requirements for labeling wines and other beverages.
2. When using the software, the user can take advantage of various services. The services include
   • Provision of the usage options software after conclusion of the usage contract;
   • QR code ABO: Users can enter data, design labels and create QR codes (partly free of charge, partly for a fee).
   • Input service: For a fee, Wohlrabe & Furrer E-Label GbR offers registered customers the option of entering data for the user.
   • Hosting of the QR codes on the Wohlrabe & Furrer E-Label GbR website (file hosting service) (partly free of charge, partly for a fee).
   • Support: The user can send inquiries to the operator via the email support@e-label.online. Inquiries will be processed as soon as possible (usually next business day) and in the order in which they are received. The user must formulate the questions and problems as precisely as possible.
3. Availability: Wohlrabe & Furrer E-Label GbR endeavors to ensure that the platform operates without disruption. This is naturally limited to services over which Wohlrabe & Furrer E-Label GbR has an influence. Wohlrabe & Furrer E-Label GbR reserves the right to restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events beyond its control.

1. The software and the file hosting service are available free of charge to a limited extent. Additional services are subject to a charge and are ordered separately. The amount of the individual fees is based on the current price list. This can be found on the Wohlrabe & Furrer E-Label GbR website.
2. The fees are due for payment to Wohlrabe & Furrer E-Label GbR immediately and can be paid using the payment methods accepted by Wohlrabe & Furrer E-Label GbR.
3. In addition, the user can order the subscription by invoice. Wohlrabe & Furrer E-Label GbR will promptly send an invoice by e-mail for the bank transfer.
4. Sellers are in default without further reminder after a period of 30 days after notification of the invoice amount.
5. Wohlrabe & Furrer E-Label GbR is authorized to use so-called silent factoring, i.e. all invoices can be assigned to a factoring service provider after they have been issued.

1. The user receives simple (non-sublicensable and non-transferable) rights of use to the software, limited to the term of this agreement, in accordance with the following provisions. The software is not physically transferred to the user.
2. If the provider makes new versions, updates, upgrades or other new deliveries with regard to the software during the term, the above rights shall also apply to these.
3. The user shall not be entitled to any rights not expressly granted to the user above. In particular, the user is not entitled to use the software beyond the agreed use or to have it used by third parties or to make it accessible to third parties. In particular, it is not permitted to reproduce, sell or transfer the software for a limited period of time, in particular not to rent or lend it.
4. If the user violates these regulations for reasons for which he is responsible, the provider may block the user's access if the violation can be demonstrably remedied.

1. Use of the software and the user account is only permitted within the legal framework.
2. The user undertakes vis-à-vis Wohlrabe & Furrer E-Label GbR not to upload any content that violates applicable law or morality in terms of its content, form or design or in any other way. In particular, the user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when uploading content and not to infringe any third-party rights (e.g. rights to a name, trademark, copyright, image and data protection rights)
   • In particular, the dissemination of the following content is not permitted:
     • Racism;
     • Glorification of violence and extremism of any kind;
     • Incitement and incitement to criminal offenses and violations of the law, threats against life, limb or property;
     • incitement against persons or companies;
     • statements that violate personality rights, defamation, libel and slander to the detriment of users and third parties;
     • violations of the law on fair trading;
     • copyright infringing content or content that infringes other intellectual property rights;
     • sexual harassment of users and third parties;
     • pornography;
     • offensive, sexist, obscene, vulgar, vile or disgusting materials and expressions;
     • depict, relate to or contain. This also applies if the respective content does not violate applicable law, the rights of third parties or morality.
3. Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations must be identified by highlighting them using the quote function and citing the source.
4. If the user violates these regulations for reasons for which he/she is responsible, the provider may block the user's access if the violation can be demonstrably remedied.
5. If the user unlawfully violates paragraph 2, the provider is entitled to delete the data affected thereby. In the event of an unlawful infringement by the user, the user must immediately provide the provider with all information required to assert claims against the user, in particular the user's name and address.

1. The user is obliged
   • to handle logins and passwords carefully and conscientiously;
   • to inform Wohlrabe & Furrer E-Label GbR immediately of any technical changes occurring in his area if they are likely to impair the provision of services or the security of the Wohlrabe & Furrer E-Label GbR offer;
   • to cooperate in the investigation of attacks by third parties on the software, insofar as this cooperation by the user is required;
   • to refrain from all measures which endanger or disrupt the functioning of the software and not to access data which he is not authorized to access. Furthermore, he must ensure that his transmitted information and uploaded data are not infected with viruses, worms or Trojan horses.
2. The user himself is responsible for the accuracy of the data and information he enters. Wohlrabe & Furrer E-Label GbR does not check compliance with legal requirements for the declaration of beverages and is not obliged to do so.
3. The user must refrain from any activity that is likely to impair the operation of the platform or the underlying technical infrastructure. This includes in particular
   • the use of software, scripts or databases in connection with the use of the platform;
   • any form of crawling or the use of so-called robots, bots or spiders to systematically search the website and systematize the data contained therein, and
   • the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the platform.
4. Should there be any disruption in the use of the platform or its functionalities, the user shall inform Wohlrabe & Furrer E-Label GbR of this disruption without delay. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

1. Wohlrabe & Furrer E-Label GbR does not adopt third-party content as its own. The user guarantees that the data and information used by him does not infringe any copyrights, trademarks, patents, other industrial property rights or trade secrets.
2. Wohlrabe & Furrer E-Label GbR reserves the right to block third-party content if it is punishable under the applicable laws or clearly serves to prepare criminal acts.

The user indemnifies Wohlrabe & Furrer E-Label GbR and its employees against all third-party claims arising from actions by the user in connection with the use of the platform for which the user is responsible in the event of a claim due to an alleged or actual infringement of rights and/or infringement of third-party rights. In addition, the user undertakes to reimburse Wohlrabe & Furrer E-Label GbR for all costs incurred by Wohlrabe & Furrer E-Label GbR as a result of claims asserted by third parties. Reimbursable costs also include the costs of an appropriate legal defense.

1. The free user contract is concluded for an indefinite period. If there are no special provisions on the term and termination in individual cases, the contractual relationship can be terminated by either party at any time with one month's notice to the end of the month.
2. Contracts subject to a charge (QR code subscription & file hosting service) have a term of one year and are automatically extended by a further year if they are not terminated at least 12 weeks before the contract expires. Upgrades and downgrades of the QR code ABO are possible at any time. Payments already made will be credited when upgrading to larger ABO packages.
3. The right to extraordinary termination remains unaffected. Wohlrabe & Furrer E-Label GbR is entitled to an extraordinary right of termination in particular
   • if users repeatedly violate central provisions of these GTC or fail to comply with main contractual obligations and do not remedy this breach of duty within a period of 10 working days despite a written warning.
     The "central provisions" of these GTC in the aforementioned sense include in particular
     • the prohibition to make the access data accessible to third parties,
     • the obligation to comply with the requirements for the design of advertisements and not to post any illegal content;
     • users do not comply with legal regulations when using the platform.
     • users significantly damage the reputation of Wohlrabe & Furrer E-Label GbR or the goods and services offered on the Wohlrabe & Furrer E-Label GbR website through their behavior.
     • the user harms other users in connection with the services provided by Wohlrabe & Furrer E-Label GbR.
   • if a user is in default of payment for more than 30 days despite a warning or unjustifiably objects to direct debits;
   • if a commercial user becomes insolvent or over-indebted;
4. Terminations must be made in text form to be effective.
5. After termination of the contractual relationship, Wohlrabe & Furrer E-Label GbR retains access to the information transmitted and the information generated. Further information on data processing can be found in the information on data protection.

1. Wohlrabe & Furrer E-Label GbR is only liable for intent and gross negligence. Wohlrabe & Furrer E-Label GbR is only liable for slight negligence in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the platform user may regularly rely (cardinal obligation). Wohlrabe & Furrer E-Label GbR is only liable for foreseeable damages that can typically be expected to occur. This also applies to loss of profit and loss of savings.
2. The limitation of liability of Wohlrabe & Furrer E-Label GbR does not apply in the event of injury to life, limb and/or health and in the event of liability under the Product Liability Act.
3. Wohlrabe & Furrer E-Label GbR shall not be liable for events of force majeure which make the contractual services impossible or which significantly impede or temporarily hinder the proper execution of the contract. Force majeure includes all circumstances that are independent of the will and influence of the contracting parties, such as terrorist attacks, embargo, confiscation, natural disasters, strikes, decisions by the authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible. A circumstance is only deemed to be force majeure if it occurred after the contract was concluded.
4. Furthermore, Wohlrabe & Furrer E-Label GbR is not liable for disruptions and loss of quality of data transmission on the Internet for which Wohlrabe & Furrer E-Label GbR is not responsible and which impede or prevent the use of Internet-based services.
5. Insofar as the liability of Wohlrabe & Furrer E-Label GbR is excluded or limited, this also applies to the liability of employees, other staff, representatives and vicarious agents of Wohlrabe & Furrer E-Label GbR.

The statutory liability for defects applies to the goods or digital products.

The user can find all information on the processing of personal data in Wohlrabe & Furrer E-Label GbR's privacy policy. This is available at https://e-label.online/anmeldung/datenschutz.

1. Wohlrabe & Furrer E-Label GbR may name users as reference customers on its website or in other media. Furthermore, the services provided may generally be publicly reproduced or referred to for demonstration purposes, unless the user can assert a conflicting legitimate interest.
2. For this purpose, the user grants the operator a simple, non-transferable right of use, unlimited in time and space, with regard to the name and trademark rights required for this purpose

1. Wohlrabe & Furrer E-Label GbR reserves the right to amend these General Terms and Conditions with effect for the future. A retroactive change will only be made to fulfill a legal or official obligation or if this is advantageous for the user.
2. Reasons for amendment may include in particular
   • Legal or regulatory reasons;
   • Security reasons;
   • Further development or optimization of existing features or to expand markets;
   • implementation of technical progress and to make technical adjustments;
   • To ensure the future functionality of the offering.
3. An amendment or addition shall be announced to the user by e-mail at least six weeks before it comes into effect, without the amended or supplemented terms and conditions having to be sent in detail or the new version of the terms and conditions as a whole; notification of the amendments or additions made shall suffice. The operator will provide a link in the announcement where the new version of the terms of use can be viewed in full.
4. If the user does not object to the amendment or addition within 30 days of the announcement of the amendment or addition and continues to use the services, this shall be deemed to constitute acceptance of the amendment or addition; the operator shall make separate reference to this in the announcement.

The platform user may only offset claims of Wohlrabe & Furrer E-Label GbR against undisputed or legally established claims against Wohlrabe & Furrer E-Label GbR. This does not apply to reciprocal claims within the scope of the contractual relationship.

reciprocal relationship within the framework of the contractual relationship.

1. Any transfer or assignment of rights or obligations arising from this contract of use on the part of the platform user requires the prior express consent of Wohlrabe & Furrer E-Label GbR.
2. Wohlrabe & Furrer E-Label GbR is entitled to transfer and assign payment claims against the platform user to third parties.

1. The contracts concluded between Wohlrabe & Furrer E-Label GbR and the user on the basis of these GTC shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the law of the country in which a user who is a consumer has his habitual residence remain unaffected.
2. If the platform user is a merchant, a legal entity under public law or a special fund under public law, or if the platform user has no general place of jurisdiction in the Federal Republic of Germany, disputes arising from or in connection with the platform usage contract are subject to the exclusive jurisdiction of the courts at the registered office of Wohlrabe & Furrer E-Label GbR.
3. Should individual provisions of the Platform Usage Agreement and these GTC be invalid or unenforceable in whole or in part or become invalid or unenforceable after conclusion of the contract, the validity of the Platform Usage Agreement and the GTC shall otherwise remain unaffected. This applies accordingly in the event that provisions prove to be incomplete.

These GTC were created by www.kanzlei-kraemer.com.