Terms & Conditions

In force from 8 December 2023

These general terms and conditions (hereinafter the General Terms and Conditions) regulate the access and use of the website accessible through the address elabels.enologylab.gr (hereinafter the Website) as well as the terms and conditions for the conclusion of the Services, as defined in section “3” below, offered by the company “ENOLOGY LAB”, through the Website.

Access and use of the Website is free of charge and does not require any subscription or registration. However, the conclusion of contracts for the Services listed below requires the User’s registration to the terms described below and the prior acceptance of the “Subscription and Charges Policy” ofelabels.enologylab.gr mentioned in paragraph IV, which develops and complements these General Terms and Conditions.

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

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

The express acceptance of these General Terms and Conditions when entering into a contract for the Services of the Website 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 amended or revised General Terms and Conditions will take effect immediately upon renewal or upgrade of the Services contracted as set forth in the “CONNECTION AND PRICE POLICY”. Express acceptance of any modification to these General Terms and Conditions will be made upon entering into a contract for renewal or upgrade of the Services by clicking on the “I have read and accept the General Terms and Conditions” button.

These General Terms and Conditions do not alter 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, immediately terminate your use of the Website.

1. Definitions

“the Website”: a specialised website and platform, which provides services to the wine, aromatised wine and spirits entrepreneur.
“User”: a company whose details are provided in the Application Form and has agreed to these General Terms and Conditions.
“Visitors”: persons, consumers or non-consumers, who access the Website and the electronic 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 through a QR code.
“Electronic Tag” 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.
A “QR-code” is a type of barcode matrix generated by the Website that leads to a digital tag.
“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.
“Electronic tagging” means the ability of the User to access the Website to:
– Generate a specific URL (including all possible language versions) for a specific marketplace after uploading the relevant data content. For the EU market, the 24 different language versions are counted as 1 single electronic tag; and
– Generate, where appropriate, a QR code linked to the URL.
E-label maintenance’ means the storage by the Website of data content and its publication in an e-label that is accessible to consumers by scanning a QR code.
“Electronic tag publishing” means the ability of the User to access the Website and:
– Edit the data content of their Electronic Tags by modifying, supplementing or eliminating the data content of their Electronic Tags.
– To adapt and download the QR code for an existing electronic tag, to delete, delete, delete, delete, delete or remove the QR code for an existing electronic tag.

2. Services

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

– Access to specific data models for the structured input of data on wines, aromatised wines and alcoholic beverage products.
– Facilitate the translation of data relating to mandatory consumer information under EU legislation that has been imported into other languages.
– Publication of Data Content on electronic labels publicly accessible to visitors
– Creation of 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 Site’s obligations regarding the availability of the Service are based on the Site’s obligation to use its best efforts to provide the Service in a secure manner or without errors or interruptions. However, the Website and its controller does not represent or warrant that the availability and continuity of the Service will be secure or free from errors or interruptions, for extreme circumstances of various causes, including, but not limited to:

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

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

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

(4) The Website may temporarily interrupt 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, by 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’s Subscription and Payment Policy”.
The User will pay to the Website, on the day of 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 of payment method in due time.

Payment system

Payment will be made by standing order, bank card (Visa/MasterCard), virtual card, bank transfer or any other payment method that can be applied on the Website.

Right of withdrawal

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

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

The day of conclusion of the contract (subscription day) is not counted in the 14-day period. The period starts 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 public holiday, it shall be extended until the next working day.

The Customer exercises the right of withdrawal by informing the Website of his/her decision to withdraw by sending, before the expiry of the 14-day period, the withdrawal statement expressing his/her wish to withdraw.

4. Intellectual Property & License

Copyright and license to users

All contents of the Website (including, but not limited to, databases, images, drawings, graphics, text, audio, video and software files) are either the property of the Website or are licensed for use by 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 material 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 such 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 does not:

presents, publishes or uses the Data Content in a way 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.
modify the content of the Data Content upon publication or dissemination of that Data Content (unless the user has express written authorisation to do so).
publishes or uses the Data Content in a manner that implies the requirement of any approval by the User or the Website (unless it has written authorization from 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 illegitimate way.
However, the Website is not authorized to disclose to third parties, any information, in particular with regard to the protection of business confidentiality and any relevant business information to which it has access, including the number and type of SKUs, volume of products, destination countries, etc., with the exception of information disclosed to public authorities upon request in the public interest, in accordance with applicable laws and regulations.

Furthermore, the Website is not authorised to disclose to third parties any end-user statistical data on consumer behaviour relating to a specific user or category of users (by country, region, etc.) unless expressly authorised to do so.

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 in no case carry out 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 posted on the Website by Users, its subject matter, its accuracy and its compliance with applicable regulations (iii) the conformity of the products presented with the description given. The Website, to the extent permitted by applicable legislation, shall in no event be held liable for any damage or loss suffered by Users and/or third parties due to the content of the electronic labels.

(3) The Website does not approve the contents of third party websites included by the User in the Data Content. Such contents or links to such contents do not imply any 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 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 result from the Visitors’ and/or Users’ access to or dependence on these third party sites. The inclusion of any link or link of any kind to other websites does not imply that the Website endorses, warrants or recommends such websites.

(4) Users must respect all applicable laws and refrain from
(i) infringing the rights of third parties,
(ii) infringing intellectual property rights or entering false data,
(iii) inciting offences or crimes, discrimination, hatred or violence based on race, national origin or ethnicity,
(iv) disclosure of false or confidential information,
(v) defamatory comments,
(vi) committing acts that could endanger minors,
(vii) publishing personal data of other persons or violating privacy rights; or
(viii) misappropriating the identity of another person.
(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’s Content. This does not authorize the Website to perform any compliance check of the Data Content 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 Website may take measures against the User, in particular regarding the usability of his/her account, without notice, 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 the products of the User in question, 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 RESPONSIBILITIES section. This possibility does not relieve 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 him/her, his/her 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 engaging in illegal actions or transactions or fraudulent actions, contrary to the established set forth in these General Terms and Conditions, ethics, 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.
– Not to use (communicate and/or publish) misleading or incorrect information and/or data.

(2) When using the Website, the User is bound by:
– that he/she has the full ability and all rights to perform on the Website actions related to the services mentioned in Section III or to use the Website, as the case may be.
– That he/she 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/she understands that he/she is fully responsible for the actions taken or use of the Website, as applicable.

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

– Not encourage the acquisition of goods whose sale is prohibited or restricted.
– Not to use (share and/or publish) photographs (i) for which the respective User does not own the copyright (i.e. photographs found on the Internet or other sources). or (ii) which are or may be considered contrary to sound moral standards and/or public policy. – Not to post 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, apology for war crimes, sexual exploitation of children and/or adults, cults
– Not violate applicable laws and/or regulations.

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

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

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

8. Rights and obligations of the Website

(1) The Website will immediately remove and/or block all illegal Data Content:
– after having been duly informed by the competent authorities;;
– in the event that an E-Label intentionally and deliberately discloses incorrect information, offends other persons or acts in an inappropriate manner;
– using the copyright of another User on the Website or acting in any other illegal manner.
In addition, the Website may prohibit Users, in its entirety (“Total Block”), from using the Website by removing the Data Content uploaded to the Website, cancelling 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. In order to be valid, these reasons must also entail a risk of liability for the Website in accordance with applicable law.
– these reasons must be sufficiently serious to justify a total ban as a last resort;; – these reasons must be sufficiently serious to justify a total ban as a last resort; – these reasons must be sufficiently serious to justify a total ban as a last resort
– in case of doubt, a partial exclusion (i.e. exclusion of the relevant Data Content) should apply.
– Full exclusion should be subject to prior notice;
– in case the User complies, the full exclusion will be lifted immediately. “Total block” means that the User’s account will be blocked and/or cancelled and the option to use the Website will be blocked from the User’s computer. The User should be aware that after the “total block”, the User will no longer have the right to use or re-register on the Website, unless the User complies. This exclusion 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 law enforcement and enforcement.

(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 expected security precautions under its control, the Website cannot be held liable for unforeseen events such as cyber-attacks or any security breaches relating to data transmission or for performance guarantees relating to the volume and speed of data transmission. Under 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 responsible 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 arising from acts, events, omissions or otherwise, 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 the government or any other authority or shortage of labour or inability to obtain supplies;

(6) The entire liability of the Website and the exclusive compensation of the User, legal, or otherwise, in relation to the content and services of the Website and/or for any violation 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 information and electronic tags created prior to the termination date will have a fallback solution that allows access to information about the contract during the two-month notice period. The back-up solution should be operational and available to the User at all times, allowing on prior notice or in an emergency to change service providers. Recourse to this fallback solution shall not affect the rights of the Website in case of unjustified termination of the contract at the User’s initiative.
All information, including translations of the Data Content, about a User, created before 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 “Website’s CONNECTION AND PAYMENT POLICY”, to redirect a QR code to a URL of the User’s choice, under the conditions set forth in the “Website’s CONNECTION 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 our Websites, any website linked to them and any material posted on them, including, without limitation, liability for loss of income or revenue, business loss, loss of profits or contracts, loss of use of our Websites, loss of business profits or contracts, loss of use of our Websites, loss of profits or contracts, loss of use of our Websites, or loss of business or revenue.

IN THE EVENT THAT THE WEBSITE 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 REFUND OF CHARGES FOR SERVICES OR PRODUCTS PAID BY THE USER DURING THE LAST – RECENT CONTRACTUAL RELATIONSHIP BETWEEN THE TWO PARTIES
TO THE EXTENT PERMITTED BY LAW, THE USER WAIVES ANY AND ALL RIGHTS OF CLAIM OR CAUSE OF ACTION WITH RESPECT TO THIS WEBSITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF AN ACT, EVENT, OCCURRENCE OR OMISSION GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION.

You will defend us against 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 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 shall have the right, at our own expense, to assume the exclusive defense against any Claim and in all settlement negotiations, and you agree to cooperate with us in the defense of any such Claim at 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 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 shall not be understood as contractual clauses and shall not form part of these General Terms and Conditions, except as otherwise provided in these General Terms and Conditions.

11. Miscellaneous

Effect of the 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 shall endeavor to give effect to the intentions of the parties as reflected in this provision, but the remaining provisions of these General Terms and Conditions shall remain in full force and effect.

Statute of limitations.

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