Effective from 8 December 2023

These general terms and conditions (hereinafter the General Terms and Conditions) regulate access to and use of the website accessible via the address wine-elabels.eu (hereinafter the Website) as well as the terms and conditions for concluding the Services, as defined in section “3” below, offered by the company “Oenological Laboratory – ENOLOGY LAB”, through the Website.

Access to and use of the Website is free and does not require any subscription or registration. However, the conclusion of contracts for the Services mentioned below requires the User to register under the terms described below and the prior acceptance of the “Subscription and Charges Policy” of wine-elabels.eu referred to in paragraph 3, which develops and supplements these General Terms and Conditions.

The identity details of the owner and person responsible for the Website are as listed below:

ENOLOGY LAB – ENOLOGY LAB
PHIDIOU 15
19001, KERATEA ATTICA
GREECE
Email: enologylab@gmail.com
Website: http://wine-elabels.eu/

The express acceptance of these General Terms and Conditions when concluding a contract for the Website Services will be made by clicking on the button "I have read and accept the General Terms and Conditions" located on the registration page and implies full and unconditional compliance with these General Terms and Conditions, in the version published at the beginning of the process of awarding the Services.

Please read these General Terms and Conditions carefully before using the services offered by the Website. The website operator reserves the right to change or revise these General Terms and Conditions at any time by posting any changes or revised General Terms and Conditions on the Website.

The website will notify you that changes or revisions have been made by indicating at the top of these General Terms and Conditions the date of the last revision. The modified or revised General Terms and Conditions will come into force immediately upon the renewal or upgrade of the Services that have been concluded, as defined in the “SUBSCRIPTIONS AND PRICING POLICY”. The express acceptance of any modification of these General Terms will be made upon concluding a contract for the renewal or update of the Services by clicking on the “I have read and accept the General Terms” button.

These General Terms and Conditions do not change in any way the terms or conditions of any other written agreement you may have with the Website for other products or services. If you do not agree to these General Terms and Conditions, please immediately terminate your use of the Website.

1. Definitions

"the Website": a specialized website and platform, which provides services to the wine, aromatized wine and alcoholic beverage entrepreneur.
"User": company whose details are listed in the Application Form and has agreed to these General Terms and Conditions.
"Visitors": individuals, consumers or not, who have access to the Website and the electronic labels generated by the Website without registering.
"Services" means the global services provided through the Website that allow Users to share and publish reliable information about their products on an electronic label which is accessible via a QR code.
“Electronic label” means a specific URL website where data relating to a specific product (Data Content) for a specific market is published in one or more languages.
The “QR code” is a type of matrix barcode generated by the Website and leads to a digital label.
"Data content" means product data expressed as data attributes (whether in the form of text, images or otherwise) provided by the User to the Website and which are published via an electronic tag to visitors.
"Creating electronic labels" means the User's ability to access the Website for:
• Generate a specific URL (including all possible language versions) for a specific market after uploading the relevant data content. For the EU market, the 24 different language versions count as 1 single e-label and
• Generate, when necessary, a QR code that links to the URL.
Ως "electronic label maintenance" means the storage by the Website of data content and its publication on an electronic label which is accessible to consumers through the scanning of a QR code.
"Issuance of electronic labels" means the User's ability to access the Website and:
• Edit the data content of their electronic tags by modifying, supplementing or eliminating it.
• Customize and download the QR code for an existing electronic label

2. Services

(1) The Services provided by the Website consist of:

– Access to specific data models for the structured import of data relating to wines, aromatized wines and alcoholic beverage products.
– Facilitate the translation of data concerning mandatory consumer information under EU legislation that has been introduced into other languages.
– Publishing Data Content on electronic tags publicly accessible to visitors
– Create specific QR codes linked to individual labels.

(2) Additional Service may be added by members through an electronic service registration process on the Website or through other written means approved by the Website and the User.

(3) The Website's obligations regarding the availability of the Service are based on the Website's obligation to make every effort to provide the Service securely or without errors or interruptions. However, the Website and its controller do not represent or guarantee that the availability and continuity of the Service will be secure or without errors or interruptions, for extreme circumstances of various causes, including, but not limited to, the following:

– Involuntary failures due (other than gross negligence) to the data model of the Website or any third party contracted for this purpose.

– Maintenance, repair, update or improvement procedures. (The website undertakes to make every effort for maintenance outside peak hours and to inform, by reference to the website, in advance of any interruption of access to the server, on its own initiative or of which it may be aware)

– Force majeure or any other causes beyond the control of the Website, including, without limitation, interruptions or failures in communications or any other causes attributable to third parties.

(4) The website may temporarily interrupt access to or availability of the Services and/or the Website for Users and/or Visitors, for security reasons or actions aimed at improving its provision or configuration, making modifications to the Services and/or the Website, including, but not limited to, its design, functions and appearance.

3. Subscriptions & payments

General rules

For the provision of the Services, Users will pay the Website the subscription fees in accordance with the "WEBSITE SUBSCRIPTION AND PAYMENT POLICY».

Each winery (User) is entitled to create only one “FREE 3 LABELS” trial account. “FREE 3 LABELS” trial accounts are valid for a period of one year. After the trial period expires, the User will have to choose a subscription plan if he wishes to continue using the website services.

The User must provide the website with the invoicing data of his/her business. The User shall pay the Website, on the day of the subscription, the fee corresponding to the selected subscription package. The fee will be paid according to the payment system described below.

The invoice will be sent to the e-mail address specified by the User in the subscription form.

The User must notify the Website of any change in the payment method in a timely manner.

Payment system

Payment will be made via direct debit, bank card (Visa/MasterCard), virtual card, bank transfer or any other payment method that may be implemented on the Website.

Right of withdrawal

After subscribing to a package on the Website, the User has the right to withdraw within 14 days provided that an electronic label has not been created.

After the 14-day period or if an electronic label has been created, the User loses his right to compensation.

The day of conclusion of the contract (subscription day) is not counted in the 14-day period. The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period ends on a Saturday, Sunday or holiday, it is extended until the next business day.

The Customer exercises the right of withdrawal by informing the Website of his decision to withdraw by sending, before the end of the 14-day period, the declaration of withdrawal expressing his desire to withdraw.

4. Intellectual Property & License

Intellectual property and user license

All contents of the Website (including, without limitation, databases, images, drawings, graphics, text files, audio, video and software) are either the property of the Website or licensed to use them and are protected by national and international copyright laws.

The names of products, services and companies appearing in these General Terms and Conditions or on the Website are protected as trademarks, brand names or trade names of the Website and their respective owners. By using the Website, the User is granted a limited, non-exclusive, non-transferable right to use the content and materials of the Website in connection with the normal use of the Website. The User is not permitted to copy, reproduce, transmit, distribute or create derivative works of such content or information without express written authorization from the Website.

5. Third party license

Users authorize the Website to grant third parties a non-exclusive, non-transferable right to direct access to Data Content already published on electronic tags, provided that the third party not:

1. presents, publishes or uses the Data Content in a manner that is false or misleading or uses the Data Content in any way that violates the rights of third parties (including the rights of Users or Beneficiaries) or violates any applicable laws and regulations.
2. modifies the content of the Data Content when publishing or distributing such Data Content (unless expressly authorized in writing by the user to do so).
3. publishes or uses the Data Content in a manner that would require any approval from the User or the Website (unless authorized in writing by the User or the Website to do so).
4. claims any copyright or other proprietary rights in the Data Content.
5. uses, sells, assigns, distributes or otherwise makes the Data Content available to third parties in an unlawful manner.
   However, the Website is not authorized to disclose to third parties, any information, in particular regarding the protection of business secrets and any relevant business information to which it has access, including the number and type of SKUs, product volumes, destination countries, etc., with the exception of information disclosed to public authorities upon request for reasons of public interest, in accordance with applicable laws and regulations.

Furthermore, the Website is not authorized to disclose to third parties any end-user statistical data on consumer behavior regarding a specific user or category of users (by country, region, etc.) unless it has been expressly granted permission in this sense.

6. Data content liability

(1) Users are fully responsible, in their capacity as entrepreneurs and/or authors, for all Data Content made available through the Electronic tags to Visitors.

(2) The Website will not under any circumstances verify the Data Content or certify its accuracy or legality. The Website will not be held responsible for:

(i) the actions or omissions of Users and Visitors, (ii) the information published on the Website by Users, their subjects, their accuracy and their compliance with applicable regulations (iii) the conformity of the products presented with the description given. The Website, to the extent permitted by applicable law, shall in no event be held liable for any damages or losses suffered by Users and/or third parties due to the content of the electronic labels.

(3) The Website does not endorse the contents on third-party websites included by the User in the Data Content. These contents or links to these contents do not imply control or acceptance and/or approval by the Website of the contents or services offered and made available on it. Therefore, the Visitor and/or Users should be particularly careful when evaluating and using such links and the Website is not responsible for the information, data, files, products, services and any kind of material on the pages accessed through these links and for any damage that may arise from the access of the Visitors and/or Users to or their reliance on these third-party websites. The inclusion of any link or hyperlink of any kind to other websites does not imply that the Website endorses, guarantees or recommends such websites.

(4) Users must respect all applicable laws and refrain from
(i) violation of third party rights,
(ii) infringement of intellectual property rights or registration of false data,
(iii) incitement to offenses or crimes, discrimination, hatred or violence based on race, national origin or nationality,
(iv) communication of incorrect information or confidential information,
(v) defamatory comments,
(vi) committing acts that could endanger minors,
(vii) publishing personal data of other individuals or violating privacy rights or
(viii) usurpation of someone else's identity.
(5) In the event that the Data Content does not comply with these General Terms and Conditions, the User acknowledges and accepts that, in its capacity as a hosting provider, the Website will remove the User Content. This does not authorize the Website to carry out any compliance check of the Data content in relation to applicable labeling regulations, as the User remains fully responsible for any violation or omission of the relevant legal requirements.

(6) The Website may take action against the User, in particular with regard to the usability of his account, without notice, if any User Data Content incites crimes against humanity, incites racial hatred and/or violence, relates to child pornography or any other illegal content. The Website may suspend access to the relevant Data Content, and not necessarily to all of the products of the said User, by informing the competent public authorities of the matter, which may result in the Website taking any of the actions set out in the RIGHTS AND OBLIGATIONS section. This possibility does not exempt the Website from liability for any abusive, irrelevant, disproportionate or manifestly unfounded suspension of end users' access to the Data Content.

7. User responsibilities

(1) The User undertakes:
– When registering on the Website, provide true information about yourself, your username and email address.
– When using the Website, to provide objective, correct and detailed information.
– Not to use the Website and/or the Services for the purpose of carrying out illegal actions or transactions or fraudulent actions, contrary to the established rules set out in these General Terms and Conditions, morality, generally accepted morals and public order or in a manner that is harmful to the rights and interests of the Website or third parties or in any other manner that may damage, disable, overload or degrade the Website, preventing its normal use by Users.
– Do not use (share and/or publish) misleading or incorrect information and/or data.

(2) When using the Website, the User undertakes:
– that he has the full ability and all rights to perform actions on the Website related to the services referred to in Section III or to use the Website, as the case may be.
– that he accepts and complies with the General Terms and Conditions and all other contractual documents, such as the Privacy Policy, as well as the other rules of the Website.
– that he understands that he is fully responsible for the actions taken or for the use of the Website, as applicable.

(3) Users undertake to comply with the following rules when using the Website:

– Not to encourage the acquisition of goods whose sale is prohibited or restricted.
– Not to use (share and/or publish) photos (i) for which the respective User does not own the intellectual property rights (i.e. photos found on the Internet or other sources). or (ii) which are considered or may be considered contrary to good moral standards and/or public order. – Not to publish content that praises, promotes, encourages or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-harm, suicide, torture, animal cruelty, justification of war crimes, sexual exploitation of children and/or adults, cults
– Not violate applicable laws and/or regulations.

(4) The User undertakes to keep his login details and password confidential in relation to third parties, except for persons authorized by the User to use his login details.

(5) The User undertakes to immediately update his account information that is no longer valid, including payment details.

(6) Users are responsible for adequately printing QR codes on product labels, with particular attention to the quality of the printing and the size of the QR code, to ensure proper readability by Visitors.

8. Rights and obligations of the Website

(1) The Website will immediately remove and/or block all illegal Data Content:
– after being duly informed by the competent Authorities;
– in the event that an E-Label intentionally and intentionally discloses incorrect information, offends other people or acts in an inappropriate manner;
– who uses the copyrights of another User on the Website or who acts in any other illegal manner.
In addition, the Website may prohibit Users, in full (“Total Block”), from using it, by removing the Data Content uploaded to the Website, canceling the User’s account and preventing the User from re-registering on the Website or preventing the User from accessing the Website under the following conditions:
– stating the reasons for the prohibition or restriction. To be valid, these reasons must also entail a risk of liability for the Website in accordance with applicable law.
– these reasons must be serious enough to justify complete exclusion as a last resort;
– in case of doubt, partial exclusion (i.e. exclusion of the relevant Data Content) should apply.
– Complete exclusion must be subject to prior notice;
– in case the User complies, the total exclusion will be lifted immediately. “Total exclusion” means that the User’s account will be blocked and/or canceled and the option to use the Website will be blocked from the User’s computer. The User should be aware that after “total exclusion”, he/she will no longer have the right to use or re-register on the Website, unless the User complies. This exception does not apply in case of recurrence. In case of cancellation of the User’s account, the Website may store certain information, in accordance with the Website’s Privacy Policy, as it may be necessary to review the circumstances surrounding the Website’s decision to cancel the user’s account and to transfer this data to the institutions and authorities responsible for application and enforcement of the law.

(2) The Website, in accordance with the above section or after being duly informed by the competent Authorities, will immediately remove and/or block all illegal Data Content.

(3) The Website may investigate any violation of the General Terms and Conditions and inform the competent institutions and authorities.

(4) Provided that it has taken the usual and reasonably foreseeable security precautions under its control, the Website cannot be held liable for unforeseen events such as cyberattacks or any security breaches relating to data transmission or for performance guarantees relating to the volume and speed of data transmission. In these circumstances, it is up to the Users to take all appropriate measures to protect their data and/or software, in particular from infection by viruses circulating on the Internet.

(5) The Website cannot be held liable for the interruption of services due to a Force Majeure Event. “Force Majeure Event” means any cause affecting the performance by either the Website or the User of its obligations under these General Terms and Conditions resulting from acts, events, omissions or otherwise, events beyond its reasonable control, including (but not limited to) riots, war, cyber attacks, terrorist acts, fire, epidemic, severe weather, flood, storm or earthquake and any disaster, compliance with any law, order, rule, regulation of any government or other authority, acts of the government or any other authority or shortages of manpower or inability to obtain supplies;

(6) The entire liability of the Website and the exclusive remedy of the User, legally or otherwise, in relation to the content and services of the Website and/or for any breach of these General Terms and Conditions is limited exclusively to the amount that the User has been charged by the Website during the last contractual relationship between the parties.

Termination of services

The Website may at any time, for duly justified reasons or for reasons of force majeure and after two months' notice, discontinue the operation of the Website and the distribution of the Services. In such a case, the Website will refund the part of the price of the Services paid and not used.
However, the Website will ensure that the information and electronic labels created before the termination date will have a backup solution that allows access to the information related to the contract during the two-month notice period. The backup solution must be operational and available to the User at all times, allowing, upon prior notice or in the event of an emergency, to change service provider. Recourse to this backup solution does not affect the rights of the Website in the event of unjustified termination of the contract at the initiative of the User.
All information, including translations of Data Content, about a User created prior to the termination date will be the exclusive property of the User.

Right of withdrawal

The User may request the Website, at any time prior to the Account Cancellation Date, as set forth in the “SITE SUBSCRIPTION AND PAYMENT POLICY”, to redirect a QR code to a URL of their choice, under the conditions set forth in the “SITE SUBSCRIPTION AND PAYMENT POLICY”.

9. Limitation of Liability

To the maximum extent permitted by law, we as a Website expressly exclude any liability for any direct, indirect or consequential loss or damage caused by any user in connection with our Websites or in connection with the use, inability to use or the results of use of our Websites, any website linked to them and any material published on them, including, without limitation, liability for loss of income or revenue, business loss, loss of profits or contracts, loss of anticipated collection, loss of data, loss of goodwill, loss of management time or working time, and for any other loss or damage of any kind, regardless of how it arises and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this term does not prevent claims for loss or damage to your tangible property or other claims for direct financial loss that are not excluded from any of the categories listed above.

IN THE EVENT THAT THE SITE IS HELD LIABLE FOR ANY DAMAGE RELATED TO ITS OPERATION, TO THE EXTENT PERMITTED BY LAW, THE SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE RETURN OF THE FEES FOR SERVICES OR PRODUCTS PAID BY THE USER DURING THE LAST – RECENT CONTRACTUAL RELATIONSHIP BETWEEN THE TWO PARTIES.
TO THE EXTENT PERMITTED BY LAW, USER WAIVES ANY AND ALL RIGHTS TO CLAIM OR ACTION RELATING TO THIS SITE AFTER ONE (1) YEAR AFTER THE FIRST OCCURRING ACT, EVENT, CIRCUMSTANCES OR OMISSIONS THAT GIVE RISE TO SUCH CLAIM OR ACTION.

You will defend us from any claims, demands or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you will indemnify us and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of any such Claim. We have the right, at our own expense, to assume the exclusive defense of any Claim and in all settlement negotiations and you agree to cooperate with us in the defense of any such Claim, upon our request.

10. Privacy Policy

The Website will handle any personal data concerning Users in accordance with the Website Privacy Policy and in accordance with the provisions of the GDPR, as applicable. The Website Privacy Policy sets out how and why the User’s personal data is collected, stored and processed when the User uses the Website and its Services – as well as the User’s rights in relation to their personal data. The Privacy Policy and any parts thereof are not to be understood as contractual clauses and do not form part of these General Terms and Conditions, unless otherwise provided in these General Terms and Conditions.

11. Miscellaneous

Effect of resignation.

The Website's failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be invalid, the Website and the User nevertheless agree that the court shall attempt to give effect to the parties' intentions as reflected in this provision, and the remaining provisions of these General Terms and Conditions shall remain in full force and effect.

Limitation period.

The User agrees that any claims and actions arising out of or relating to the Website shall commence within one (1) year from the date of the events giving rise to such claim or action, otherwise such claims or actions shall be barred.