Terms and Conditions

 

1. Scope of the Terms of Use

These Terms of Use apply to the browser-based software (hereinafter referred to as “Software”) of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe – Das digitale Wein-E-Label, Maxburgring 40b, 76887 Bad Bergzabern, available at https://e-label.online/.

You may view and print the currently valid Terms of Use on the website https://e-label.online/anmeldung/agb. The contract text is not stored by QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe after the contract is concluded.

Any terms and conditions of users that conflict with these are excluded. Any deviation from these terms may only be made with written confirmation from QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe.

2. User Agreement: Conclusion of the Contract and User Account

By completing the online registration process, a contract for the use of the software is concluded with QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe.

The subject matter of the User Agreement is the free use of the software’s online offering. Users may opt to utilize additional, fee-based services provided by the provider.

Use is restricted to business entities. The registration of a legal entity or partnership may only be carried out by a natural person authorized to act on its behalf, who must be named.

Creating a user profile requires the creation of a user account. This consists of an email address and a password (“login credentials”) as well as the company name, the name of the authorized representative, and the user’s address. A user account can only be created by providing the user’s current email address. This email address is also used for communication with QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe.

The user warrants that the data used when creating their profile (“Profile Data”) is accurate and complete.

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is under no obligation to enter into a user agreement. In particular, QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is entitled to refuse to enter into a user agreement without providing reasons.

The user is obligated to handle the login credentials with care. In particular, the user is prohibited from disclosing the login credentials to third parties and/or providing them to third parties and/or enabling third parties to access the profile by circumventing the login credentials, unless the software expressly permits this. This does not apply to the disclosure of login credentials to employees of a company. Employees must be instructed accordingly to handle the access data with care.

If the user breaches their obligations under the preceding paragraph and their user account is used by third parties, the user is liable for all activities that take place using their user account. The user is not liable if they are not responsible for the misuse of their user account.

The contract language is exclusively German. In the event of translations of these Terms and Conditions and discrepancies between the German and the translated version, the German version shall prevail.

3. Subject Matter of the Service

The software is browser-based. Users can electronically store data—including nutritional information and ingredient lists for wines and other beverages—on the systems of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe. The software generates QR codes that can be printed on the beverage bottles to be labeled. The data accessible via the QR code and stored by the user is hosted on the websites of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe for the user (file hosting service) so that users can comply with their legal requirements for the labeling of wines and other beverages.

When using the software, the user may avail themselves of various services. These services include, among other things:

  • Provision of access to the software following the conclusion of the user agreement;
  • QR Code Subscription: Users can enter data, design labels, and create QR codes (partly free of charge, partly for a fee);
  • Data entry service: For a fee, QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe offers registered customers the option of handling data entry on the user’s behalf;
  • Hosting of QR codes on the QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe website (file hosting service)—partly free of charge, partly for a fee;
  • Support: The user may submit inquiries to the operator via email atsupport@e-label.online. Inquiries will be processed promptly (usually by the next business day) and in the order they are received. The user must formulate questions and issues as precisely as possible;
  • Availability: QUADRONET INTERNET SOLUTIONS - Nadine Wohlrabe strives to ensure the platform operates without disruption. This is naturally limited to services over which QUADRONET INTERNET SOLUTIONS - Nadine Wohlrabe has control. QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe reserves the right to restrict access to the platform, in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, or other events beyond its control.

4. Fees

The software and the file hosting service are available free of charge to a limited extent. Additional services are subject to a fee and must be ordered separately. The amount of the individual fees is based on the current price list. This can be found on the website of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe (e-label.online).

The fees are due immediately to QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe and can be paid using the payment methods accepted by QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe.

Additionally, the user may order the subscription via invoice. QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe will promptly send an invoice via email for bank transfer.

Purchasers are in default without further notice 30 days after notification of the invoice amount.

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is entitled to use so-called silent factoring, meaning that all invoices may be assigned to a factoring service provider upon issuance.

5. Rights of Use

The user is granted simple (non-sublicensable and non-transferable) rights of use to the software, limited to the term of this contract, in accordance with the provisions below. The software is not physically provided to the user.

If the Provider releases new versions, updates, upgrades, or other new deliveries of the Software during the term of this Agreement, the foregoing rights shall also apply to these.

The User shall not be entitled to any rights not expressly granted to the User above. In particular, the User is not authorized to use the Software beyond the agreed scope of use, to allow third parties to use it, 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, and specifically not to rent or lend it.

If the User violates these provisions for reasons attributable to them, the Provider may block the User’s access if this demonstrably remedies the violation.

6. Use of the Account

Use of the software and the user account is permitted only within the legal framework.

The user undertakes to QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe not to upload any content that, due to its content, form, design, or in any other way, violates applicable law or public decency. In particular, the user undertakes to comply with applicable law (e.g., criminal, competition, and youth protection laws) when uploading content and not to infringe upon the rights of third parties (e.g., rights to a name, trademark, copyright, image, and data protection).

In particular, the distribution of the following content is not permitted:

  • Racism;
  • Glorification of violence and extremism of any kind;
  • Calls for or incitement to commit criminal offenses or violations of the law, threats against life, limb, or property;
  • Hate speech against individuals or companies;
  • Statements that infringe on personal rights, defamation, insult, and slander against users and third parties;
  • Violations of fair trade laws;
  • Content that infringes copyright or other intellectual property rights;
  • Sexual harassment of users and third parties;
  • pornography;
  • offensive, sexist, obscene, vulgar, abhorrent, or repulsive materials and expressions.

This applies to the display, reference to, or inclusion of the aforementioned content—even if the content in question does not violate applicable law, the rights of third parties, or public decency.

Copyright-protected content may only be included verbatim in posts without the consent of the respective rights holder within the scope of applicable fair use provisions. Citations must be identified by highlighting them using the quotation function and providing a source reference.

If the user violates these regulations for reasons attributable to them, the provider may block the user’s access if this demonstrably resolves the violation.

If the user unlawfully violates paragraph 2, the provider is entitled to delete the data affected thereby. In the event of an unlawful violation by the user, the user must, upon request, immediately provide the provider with all information necessary to assert claims, in particular their name and address.

7. Additional Obligations of the User

The user is obligated:

  • to handle logins and passwords with care and diligence;
  • to immediately notify QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe of any technical changes occurring within their area if such changes are likely to impair the provision of services or the security of the services offered by QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe;
  • to cooperate in investigating third-party attacks on the software, to the extent that such cooperation is required of the user;
  • to refrain from taking any actions that endanger or disrupt the functioning of the software, and not to access data to which they are not authorized to access. Furthermore, they must ensure that the information they transmit and the data they upload are not infected with viruses, worms, or Trojan horses.

The user is personally responsible for the accuracy of the data and information they enter. QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe does not and is not obligated to verify compliance with legal requirements regarding the labeling of beverages.

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 organize the data it contains;
  • the automatic extraction, blocking, overwriting, modification, or copying of data and/or other content, unless this is necessary for the proper use of the platform.

Should any disruptions occur during the use of the platform or its functionalities, the user shall immediately notify QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe of such disruption. The same applies if the user obtains information about content published by third parties that clearly violates applicable law or the rights of third parties.

8. Third-Party Content

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe does not endorse third-party content. The user guarantees that the data and information used by them do not infringe any copyrights, trademarks, patents, other intellectual property rights, or trade secrets.

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe reserves the right to block third-party content if it is punishable under applicable laws or is clearly intended to facilitate criminal acts.

9. Indemnification

The user shall indemnify QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe and its employees against all claims by third parties arising from alleged or actual legal violations and/or infringements of third-party rights resulting from the user’s actions in connection with the use of the platform for which the user is responsible. Furthermore, the user undertakes to reimburse QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe for all costs incurred as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defense.

10. Termination – Term of the User Agreement

The free User Agreement is concluded for an indefinite period. Unless specific provisions regarding the term and termination apply in individual cases, the contractual relationship may be terminated by either party at any time with one month’s notice to the end of the month.

Paid contracts (QR Code Subscription and File Hosting Service) have a term of one year and are automatically renewed for an additional year unless terminated at least 12 weeks prior to the contract’s expiration. Upgrades and downgrades of the QR Code Subscription are possible at any time. Amounts already paid will be credited toward larger subscription packages upon upgrade.

The right to extraordinary termination remains unaffected. QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is entitled to an extraordinary right of termination in particular if users repeatedly violate key provisions of these Terms and Conditions or fail to fulfill their primary contractual obligations and do not remedy this breach of duty within a period of 10 business days despite a written warning.

The “central provisions” of these Terms and Conditions in the aforementioned sense include, in particular:

  • the prohibition on making access data available to third parties;
  • the obligation to comply with the requirements for the design of advertisements and not to post any illegal content;
  • compliance with legal regulations when using the platform by the user.

An extraordinary right of termination also exists if:

  • the user significantly and unlawfully damages the reputation of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe or the goods and services offered on the QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe website through their conduct;
  • the user causes harm to other users in connection with the services provided by QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe;
  • a user remains in default of payment for more than 30 days despite a warning or unjustifiably disputes direct debits;
  • a commercial user becomes insolvent or is over-indebted.

Terminations must be in writing to be effective.

After termination of the contractual relationship, QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe retains access to the transmitted information as well as the generated information. Further information on data processing can be found in the privacy policy.

11. Liability

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe shall only be liable for intentional acts and gross negligence. For slight negligence, QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the platform user may regularly rely (cardinal obligation). QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is liable only for foreseeable damages that typically must be expected to occur. This also applies to lost profits and unrealized savings.

The limitation of liability of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe does not apply in cases of injury to life, limb, and/or health, or in cases of liability under the Product Liability Act.

QUADRONET INTERNET SOLUTIONS - Nadine Wohlrabe shall not be liable for events of force majeure that render the contractual services impossible or significantly impede or temporarily hinder the proper performance of the contract. Force majeure includes all circumstances beyond the control and influence of the contracting parties, such as terrorist attacks, embargoes, seizures, natural disasters, strikes, government decisions, or other serious and unforeseeable circumstances for which the contracting parties are not at fault. A circumstance is only considered force majeure if it occurred after the conclusion of the contract.

Furthermore, QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe shall not be liable for disruptions or loss of quality in data transmission over the Internet for which QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is not responsible and which hinder or prevent the use of Internet-based services.

To the extent that the liability of QUADRONET INTERNET SOLUTIONS - Nadine Wohlrabe is excluded or limited, this also applies to the liability of the employees, other staff members, representatives, and vicarious agents of QUADRONET INTERNET SOLUTIONS - Nadine Wohlrabe.

12. Warranty Rights

The statutory warranty rights for defects apply to the goods or digital products.

13. Data Protection

Users may find all information regarding the processing of personal data in the privacy policy of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe. This is available at https://e-label.online/anmeldung/datenschutz.

14. Reference Customers

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe may name users as reference customers on its website or in other media. Furthermore, the services provided may be publicly reproduced or referenced for general demonstration purposes, unless the user can assert a legitimate interest to the contrary.

For this purpose, the user grants the operator a simple, non-transferable right of use, unlimited in time and space, with respect to the necessary name and trademark rights.

15. Changes to the Offer and Terms of Use

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe reserves the right to amend these General Terms and Conditions with future effect. A retroactive amendment shall only be made to fulfill a legal or regulatory obligation or if this is advantageous to the users.

The following are considered valid reasons for amendments in particular:

  • legal or regulatory reasons;
  • security reasons;
  • further development or optimization of existing features or to expand markets;
  • Implementation of technical advancements and technical adjustments;
  • ensuring the future functionality of the service.

Any amendment or addition will be announced to the user via email no later than six weeks before it takes effect, without the need to send the amended or supplemented terms in detail or the revised version of the terms in their entirety; notification of the changes or additions made is sufficient. In the announcement, the operator will provide a link where the revised version of the Terms of Use can be viewed in full.

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 consent to the amendment or addition; the operator will specifically note this in the announcement.

16. Set-off

The platform user may only set off claims by QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe against the platform user with undisputed or legally established claims against QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe. This does not apply to claims that are in a reciprocal relationship within the scope of the contractual relationship.

17. Transfer of Rights, Assignment

Any transfer or assignment of rights or obligations under this User Agreement by the Platform User requires the prior express consent of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe.

QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe is entitled to transfer and assign payment claims against the Platform User to third parties.

18. Final Provisions

German law applies to the contracts concluded between QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe and the user on the basis of these Terms and Conditions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions under the law of the country in which a user who is a consumer has their habitual residence remain unaffected.

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 does not have a general place of jurisdiction in the Federal Republic of Germany, disputes arising from or in connection with the Platform Usage Agreement shall be subject to the exclusive jurisdiction of the courts at the registered office of QUADRONET INTERNETLÖSUNGEN - Nadine Wohlrabe.

Should individual provisions of the Platform Usage Agreement and these Terms and Conditions be wholly or partially invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, the validity of the Platform Usage Agreement and the Terms and Conditions shall remain unaffected in all other respects. This applies mutatis mutandis in the event that provisions prove to be incomplete.

These Terms and Conditions were created by www.kanzlei-kraemer.com.

Note on translation: These Terms and Conditions have been translated into other languages. Only the original German version is authoritative and legally binding. In the event of discrepancies, ambiguities, or questions of interpretation between the German version and a translated version, the German version shall always take precedence. No warranty is provided for the accuracy or completeness of the translation.