General Terms & Conditions

Effective from December 8, 2023

These general terms and conditions (hereinafter the General Terms and Conditions) regulate access and use of the website accessible through 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 "Enology Lab - ENOLOGY LAB", through the Website.

Access and use of the Website is free of charge and does not require any subscription or registration. However, contracting the Services listed below requires the User's registration to the terms described below and prior acceptance of the "Subscription and Charges Policy" of the wine-elabels.eu referred to in paragraph 3, which develops and supplements these General Terms and Conditions.

The identification details of the owner and responsible for the Website are those listed below:

ENOLOGY LAB
FEIDIOU 15
19001, KERATEA ATTICA
GREECE
Email: [email protected]
Website: http://wine-elabels.eu/

The express acceptance of these General Terms and Conditions when concluding a contract for the Services of the Website will be done by clicking on the button "I have read and accept the General Terms and Conditions" located on the registration page and implies full and unreserved compliance with these General Terms and Conditions, in the version published at the start of the process of commissioning 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 Site will notify you that changes or revisions have been made by indicating at the top of these General Terms and Conditions the date of last revision. The modified or revised General Terms and Conditions will come into force immediately after the renewal or upgrade of the Services contracted, as defined in the "SUBSCRIPTION AND PRICING POLICY". The express acceptance of any modification of these General Terms will be made when concluding a contract to renew or update the Services by clicking on the "I have read and accept the General Terms" button.

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

1. Definitions

"website": a specialized website and platform, which provides services to the wine, aromatized wine and spirit entrepreneur.
"User": company whose details are mentioned in the Application Form and has agreed to these General Terms and Conditions.
"Visitors": individuals, whether consumers or not, who access the Website and the e-tags 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 tag that is accessible via a QR code.
"Electronic Label" means a specific web page URL 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 Site that 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 published via an electronic tag to visitors.
"Creating electronic labels" means the User's ability to access the Website to:
• 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 electronic label and
• Generate, when necessary, a QR code linked to the URL.
As "maintenance of electronic labels" means the Website storing data content and publishing it on an electronic label that is accessible to consumers by scanning 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, completing or deleting them.
• 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 entry of data related to wines, aromatized wines and spirits products.
– Facilitating the translation of mandatory consumer information data under EU legislation introduced into other languages.
– Publishing Data Content to electronic tags publicly accessible to visitors
– Generate specific QR codes linked to individual tags.

(2) Additional Service may be added by members through an online 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 operator do not represent or warrant 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:

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

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

– Force majeure or any other causes beyond the control of the Website, including but not limited to interruptions or failures in communications or any other causes attributable to third parties.

(4) The website may temporarily interrupt the access 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 on the Website, including but not limited to its design, functionality and appearance.

3. Subscriptions & Payments

General rules

For the provision of the Services, Users will pay to the Website the subscription fees according to the "WEBSITE SUBSCRIPTION AND PAYMENT POLICY".
The User shall pay to 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 payment method in a timely manner.

Payment system

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

Right of withdrawal

After subscribing to a package of the Website, the User has a right of withdrawal within 14 days provided that no electronic tag has been created.

After the 14-day period or if an electronic tag has been generated, the User loses their 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 working 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 withdrawal statement expressing his desire to withdraw.

4. Intellectual Property & License

Copyright and License to Users

All contents of the Website (including but not limited to databases, images, designs, graphics, text files, audio, video and software) are either owned by or licensed to the Website 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, trade 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 may not copy, reproduce, transmit, distribute or create derivative works of this content or information without express written authorization from the Website.

5. License to third parties

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

presents, publishes or uses the Data Content in a manner that is false or misleading or uses the Data Content in any way that infringes the rights of third parties (including the rights of Users or Beneficiaries) or violates any applicable laws and regulations.
modify the content of Data Content when publishing or disseminating such Data Content (unless expressly authorized in writing by the user to do so);
publishes or uses the Data Content in a manner that requires any approval from the User or the Website (unless it has the written authorization of the User or the Website to do so);
claims any copyright or other proprietary rights in the Data Content.
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 confidentiality and any relevant business information to which it has access, including the number and type of SKUs, the volume of products, countries destination etc. , with the exception of information disclosed to public authorities upon request for reasons of public interest, in accordance with applicable laws and regulations.

In addition, the Site is not authorized to disclose to third parties any statistical end-user data regarding consumer behavior with respect to a particular user or class of users (by country, region, etc.) unless expressly permitted under this sense.

6. Data Content Liability

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

(2) The Website will under no circumstances make any verification of 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 subject matter, their accuracy and their compliance with applicable regulations (iii) the compliance 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 damages or losses suffered by Users and/or third parties due to the content of the e-tags.

(3) The Website does not endorse the contents on third-party websites included by the User in the Data Content. Such contents or links to such contents do not imply control or acceptance and/or approval by the Website of the contents or services offered and made available therein. Therefore, the Visitor and/or Users should be very 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 pages accessed through these links and for any damage that may result from Visitors and/or Users accessing or relying on these third-party websites. The inclusion of any link or link 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) inciting offenses or crimes, discrimination, hatred or violence based on race, national origin or nationality;
(iv) providing false or confidential information;
(v) defamatory comments;
(vi) committing actions that could endanger minors;
(vii) publish personal data of others or violate privacy rights or
(viii) usurping 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 hosting provider, the Website will remove the User Content. This does not authorize the Website to carry out any compliance check of the content of the Data with respect to the applicable labeling regulations, as the User remains fully responsible for any violation or omission of the relevant legal requirements.

(6) The Site may take action against the User, in particular regarding the usability of his account, without warning, if any User Data Content incites crimes against humanity, incites racial hatred and/or violence, child pornography or any other illegal content. The Website may suspend access to the relevant Data Content, and not necessarily to all products of such User, by notifying the relevant 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 feature does not relieve the Site of liability for any abusive, irrelevant, disproportionate or manifestly unreasonable suspension of end users' access to Data Content.

7. User Responsibilities

(1) The User undertakes:
– When registering on the Website, provide true information about him, his 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 ones defined in these General Terms and Conditions, ethics, generally accepted morals and public order or in a way that is harmful to the rights and interests of the Website or third parties or in any other way that can damage, disable, overload or degrade the Website, preventing its normal use by Users.
– Not to use (communicate 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 carry out on the Website actions related to the services mentioned in Section III or to use the Website, as the case may be.
– that you accept and comply 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 carried out 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, the sale of which 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 or may be considered contrary to good moral standards and/or public policy. – 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, condonation of crimes war, sexual exploitation of children and/or adults, cults
– Not to violate applicable laws and/or regulations.

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

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

(6) Users are responsible for the adequate printing of the QR codes on the product labels, paying 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 Site 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 willfully and intentionally discloses incorrect information, offends other persons or acts in an inappropriate manner;
– who uses another User's copyright on the Website or otherwise acts in an illegal manner.
In addition, the Website may ban Users, completely (“Block”) from using it, removing Data Content uploaded to the Website, canceling the User's account and preventing the User from re-registering with the Website or preventing the User's access to the Website under the following conditions:
– stating the reasons for the prohibition or restriction. To be valid, these reasons should also entail a risk of liability for the Website under applicable law.
– these reasons must be serious enough to justify complete exclusion as a last resort;
– in case of doubt, partial blocking (ie blocking of the relevant Data Content) should apply.
– Complete exclusion must be subject to prior notice;
– in case the User complies, the full ban will be lifted immediately. "Total Ban" means that the User's account will be blocked and/or canceled and the option to use the Website from the User's computer will be blocked. The User should be aware that after "total blocking", he 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 relapse. In the event 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 transfer them the data to the institutions and authorities responsible for implementing and enforcing the law.

(2) The Website, in accordance with the above section or after being duly notified by the relevant 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 relevant institutions and authorities.

(4) Provided that it has taken the usual and reasonably expected security precautions under its control, the Website cannot be held responsible for unforeseen events such as cyber-attacks or any security breaches regarding data transmission or for performance guarantees regarding volume and data transmission speed. Under these circumstances, it is the responsibility of Users to take all appropriate measures to protect their data and/or software, particularly against infection by viruses circulating on the Internet.

(5) The Website cannot be held responsible for the interruption of services due to an Event of Force Majeure. "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 arising from acts, events, omissions or non-actions, events beyond its reasonable control, including (but not limited to) riots, war, cyber-attacks, acts of terrorism, 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 government or of any other authority or labor shortages or inability to obtain supplies;

(6) The Website's entire liability and the User's exclusive remedy, at law or otherwise, in relation to the website's content and services and/or for any breach of these General Terms and Conditions shall be limited solely to the amount the user has 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, stop the operation of the Website and the distribution of the Services. In such event, the Website will refund the portion of the price of the Services that was paid and not used.
However, the Site will ensure that information and e-tags created prior to the termination date will have a back-up solution that will allow access to contract information during the two-month notice period. The back-up solution should be operational and available to the User at all times, allowing upon prior notice or in an emergency to change service provider. The recourse to this back-up solution does not affect the Website's rights in case of unjustified termination of the contract at the User's initiative.
All information, including translations of Data Content, about a User created prior to the termination date shall 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 defined in the "SITE SUBSCRIPTION AND PAYMENT POLICY", to redirect a QR code to a URL of his choice, subject to the conditions set forth in the " WEBSITE SUBSCRIPTION AND PAYMENT POLICY". .

9. Limitation of Liability

To the fullest extent permitted by law, as a Website we 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 the Websites. Our websites, any website linked to them and any material published on them, including, without limitation, liability for loss of income or revenue, business damage, loss of profits or contracts, loss of anticipated revenue, loss of data, loss of goodwill, loss of management time or working time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable , provided that this term does not bar claims for loss of or damage to your tangible property or other claims for direct financial loss that are not excluded by any of the categories listed above.

IN THE EVENT THAT THE SITE IS HELD LIABLE FOR ANY DAMAGES RELATED TO ITS OPERATION, TO THE EXTENT PERMITTED BY LAW, THE SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE REFUND OF CHARGES FOR ITEMS OR PRODUCTS PAID BY USER DURING THE LAST – RECENT CONTRACT RELATIONSHIP BETWEEN THE TWO PARTIES
TO THE EXTENT PERMITTED BY LAW, USER WAIVES ANY AND ALL RIGHTS TO CLAIM OR EXERCISE ACTION WITH RESPECT TO THIS WEBSITE AFTER ONE (1) YEAR AFTER THE FIRST ACT, EVENT, OR OCCURRENCE OMISSION, WHICH FORM A BASIS FOR SUCH CLAIM OR PROCEEDING.

You will defend us against any demands, claims 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 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 expense, to assume the exclusive defense of any Claim and 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 about Users in accordance with the Website's Privacy Policy and in accordance with the provisions of the GDPR, as applicable. The Website's 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 construed 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 Waiver.

Failure of the Website 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 should try to give effect to the parties' intentions as reflected in this provision, but also the remaining provisions of these General Terms and Conditions remain in full force and effect.

Limitation.

The User agrees that any claims and actions arising out of or related to the Site shall be commenced within one (1) year after the events giving rise to such claim or action, otherwise such claims or actions shall be barred.