Stefan Hollmann, Die-Weingut-Website.de, Herchenbachstraße 9, 40470 Düsseldorf (hereinafter referred to as "Provider")
1. general provisions
1.1 The Provider shall provide the Customer with a database-supported web application (hereinafter referred to as the "Web Application")
and hosting services (hereinafter also referred to as "Services") via the Internet, with the
the Customer to provide nutritional information and lists of ingredients for his company as well as so-called e-labels for wine
and wine products (hereinafter also referred to as "e-labels") and QR codes. Details of the
owed services can be found in the service description.
1.2 The Provider shall provide these services in accordance with the respective state of the art and on the basis of these GTC. The Provider expressly does not recognize any GTC that deviate from these General Terms and Conditions and are used by the Customer - subject to express consent.
1.3 The services offered by the Provider are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction) and freelancers. No contracts are concluded with consumers within the meaning of § 13 BGB.
1.4 The Provider is entitled to subcontract the necessary services in its own name and for its own account (e.g. hosters), who in turn may also use subcontractors. The Provider shall remain the sole contractual partner of the Customer. Third-party contractors shall not be used if it is apparent to the Provider that their use is contrary to the legitimate interests of the Customer.
2. use of the web application
2.1 The customer can enter his own content about his company and certain products (wine and wine products) into the web application.
(wine and wine products), generate nutritional value tables and lists of ingredients and, as a result, create special
special websites, so-called e-labels with nutritional value and ingredient information on their wines and wine products.
and wine products online.
2.2 If the customer wishes to have the content entered into the web application by the provider, this can be agreed in an individual contract. The provider shall only be responsible for the technical integration of the content. The content must always be provided by the customer and checked for legality.
2.3 The customer shall receive a simple, non-exclusive and non-transferable right to use the web application as intended for the entire term of the contract.
2.4 The web application is provided with the range of functions described in the respective package/tariff. Individual functions (additional functions) are not owed, but can be agreed separately if necessary. The provider is not responsible for maintaining the customer's content. The current range of functions of the web application can be found in the current service description.
2.6 The customer is solely responsible for ensuring that the content entered by him (in particular images, texts, food or consumer law information) complies with the legal requirements. In particular, he must ensure that no third-party rights are infringed by the integration.
2.7 The Provider shall provide the web application to the best of its knowledge
based on current information and sources.
However, the Provider assumes no liability for the constant topicality, completeness and correctness
accuracy of the information and sources on which the preparation of the nutritional and ingredient information
and the e-labels.
2.8 Adjustments, changes and additions to the contractual services as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
3. web hosting
3.1 The Provider hosts the websites (e-labels) created using the web application. The customer is not entitled to host the websites created using the web application with another provider.
3.2 Unless otherwise agreed, the provider shall assume the administration and management of the data in its role as host, insofar as this is necessary for hosting. The customer does not receive access to the administration backend of the hosting system.
3.3 The Provider uses an external hosting provider to provide the e-label services. The availability of the servers used by the provider for hosting purposes corresponds in principle to the availability guaranteed by the external hosting provider. Excluded from this are times during which the servers are unavailable due to events beyond the provider's control (force majeure, acts of third parties, technical problems, etc.).
3.4 Unless otherwise agreed, the customer is not entitled to the allocation of a fixed IP address for the websites (e-labels) it has created. Technical or legal changes are possible at any time and are reserved.
3.5 The provider is not liable for downtimes, data loss, performance impairments or other problems that are directly attributable to the hosting service. This includes, but is not limited to, problems resulting from technical errors, maintenance work, network overload, hardware or software failures and other circumstances beyond the direct control of the provider.
3.6 The Customer acknowledges that the Internet and hosting services are inherently volatile and that the Provider cannot guarantee uninterrupted availability. The Provider accepts no responsibility for any damage, loss or expense incurred by the Customer as a result of any interruption or failure of the Hosting Service.
3.7 The provider undertakes to take reasonable measures to ensure that the hosting provider complies with the agreed service levels and quality standards. Should problems arise with the hosting service, the provider will make reasonable efforts to resolve these in cooperation with the hosting provider.
4.1 The customer undertakes to pay the provider the agreed fee plus statutory VAT for the provision of the web application and for its services. Unless otherwise agreed, the remuneration is based on the Provider's price list valid at the time the contract is concluded and is due monthly or annually in advance, depending on the agreement. Depending on the price model, there may also be a set-up fee and separate costs for the provision of individual websites (e-labels).
4.2 The Provider is entitled to regularly adjust its prices to the extent that its own costs for the provision of the service increase. Existing customers shall be notified of the price adjustment by e-mail at least one month before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. The notification of the intended price adjustment shall refer to the deadline and the consequences of an objection or failure to object. If the customer does not agree with the price adjustment, he may terminate the subscription extraordinarily at the time the price adjustment comes into effect.
5.1 The Provider shall eliminate all software errors without delay in accordance with the technical possibilities. An error exists if the web application does not fulfill the functions specified in the service description, delivers incorrect results or does not work properly in any other way, so that the use of the web application is impossible or restricted.
5.2 Application or software errors shall be processed by the provider as part of the support service. Support services are to be requested via the communication channels provided for this purpose on the provider's website or via the ticket system available, if applicable, for the purpose of the fastest possible processing. Support requests are generally processed chronologically during regular business hours in the order in which they are received by the provider. Urgent support requests outside regular business hours can be arranged for a separate fee.
6 Obligations of the customer
6.1 The customer undertakes not to store any unlawful content that violates the law, official requirements or the rights of third parties on the storage space provided.
6.2 The customer is obliged to take suitable precautions to prevent unauthorized access by third parties to the protected areas of the web application.
6.3 Notwithstanding the provider's obligation to back up data, the customer is responsible for entering and maintaining the data and information required to use the services.
6.4 The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
6.5 The customer shall generate a password to access the services or change the initial password provided without delay. The customer is obliged to keep the password secret and not to make it accessible to third parties.
6.6 The customer is obliged not to disclose his passwords and other access data to third parties and to change them regularly. The customer himself is responsible for any misuse by third parties, insofar as he is responsible for this.
6.7 The content stored by the customer on the storage space intended for him may be protected by copyright and data protection laws. The customer hereby grants the provider the right to make the content stored on the server accessible to the customer via the Internet and, in particular, to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup.
6.8 The customer is not entitled to make the web application available to third parties for use, either for a fee or free of charge. The customer is expressly prohibited from subletting the web application.
6.9 The customer is obliged to check the e-labels and QR codes created and placed online
for their correctness and functionality and to change them if necessary.
Any errors must be reported to the Provider immediately.
7. right of mention
Unless otherwise agreed, the customer expressly grants the provider permission to publicly present the business relationship with the customer in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, the Provider is entitled to advertise the business relationship with the Customer.
8 Warranty for defects
8.1 The provider guarantees the functionality and operational readiness of the web application in accordance with the provisions of this contract. Insofar as a contract for work and services or a purchase contract exists, the following shall apply with regard to the warranty for defects: An insignificant defect does not justify any claims for defects. The choice of the type of subsequent performance lies with the provider.
8.2 The limitation period for defects and other claims shall be one (1) year; this shortening of the limitation period shall not apply to claims resulting from intent, gross negligence or injury to life, limb or health caused by the conduct of the Provider. The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.
9 Liability and indemnification
9.1 Claims for damages against the provider are excluded, irrespective of the legal grounds, unless the provider, its legal representatives or vicarious agents have acted with intent or gross negligence. The Provider shall only be liable for slight negligence if one of the material contractual obligations has been breached by the Provider, its legal representatives or executive employees or vicarious agents. The provider shall only be liable for foreseeable damages, the occurrence of which must typically be expected. Essential contractual obligations are those obligations that form the basis of the contract, that were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.
9.2 The Provider shall not be liable for the loss of data insofar as the damage is due to the fact that the Customer has failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.
9.3 The Provider shall be liable without limitation for damages caused intentionally or negligently by the Provider, its legal representatives or vicarious agents resulting from injury to life, limb or health.
9.4 The Customer shall indemnify the Provider against any third-party claims - including the costs of legal defense in their statutory amount - that are asserted against the Provider due to actions by the Customer in breach of the law or the contract. This applies in particular to claims resulting from the infringement of third-party rights by the content provided by the customer.
9.5 The Provider shall be liable within the scope of the contractual services up to a maximum of the amount paid by the Customer for the service in the last year before the occurrence of the damaging event. This upper liability limit does not apply to damages that are attributable to intent or gross negligence on the part of the provider, or to damages that result from injury to life, limb or health.
10 Indirect damages and consequential damages
10.1 The Provider is not liable for indirect damages, consequential damages or loss of profit that may arise in connection with the use of the web application or the Provider's services. This includes, but is not limited to, loss of data, loss of business opportunities, loss of reputation or interruption of business operations resulting directly or indirectly from the use or inability to use the Provider's services.
10.2 This limitation of liability applies regardless of whether the damage is based on a breach of contractual or non-contractual obligations, negligence, tort or any other legal basis.
10.3 The Provider has no control over the specific use of the e-labels, QR codes
e-labels, QR codes, nutritional information and lists of ingredients.
The Customer therefore bears full responsibility for the proper and legally compliant use of the e-labels
use of the content created with the web application.
10.4 The provider's liability for intent, gross negligence, injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations of liability.
11 E-label functionality and content
11.1 The provider undertakes to guarantee the technical functionality of the e-labels generated and hosted on its platform. This includes ensuring that the e-labels can be accessed online. However, the provider shall only be liable for defects that impair the technical functionality of the e-labels within the scope of the limitations of liability set out in these GTC.
11.2 The customer is solely responsible for the accuracy and legality of the data and information
and legality of the data and information entered by the customer and included in the e-labels.
This includes, but is not limited to, compliance with all relevant food law regulations and information obligations.
regulations and information obligations.
11.3 It is the customer's responsibility to regularly check the generated e-labels for accuracy, up-to-dateness and legality. The customer is required to seek expert advice if necessary to ensure compliance with all relevant legal requirements. The provider accepts no liability for any legal consequences resulting from non-compliance with this recommendation.
11.4 The Provider shall not be liable for any direct or indirect damage that the Customer or third parties may suffer as a result of the use of E-Labels with incorrect or illegal content. This includes, but is not limited to, fines, penalties or loss of reputation.
11.5 The provider's liability for damages resulting from the technical inoperability of the e-labels is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence on the part of the provider. The provider's liability for damages resulting from injury to life, limb or health remains unaffected.
12 Software errors and customer decisions
12.1 The Provider shall provide the web application to the best of its knowledge based on the
state of the art and the available information. Despite careful development and
regular checks, the web application may contain unintentional errors. The provider
is not liable for damage caused directly or indirectly by such software errors, unless there is
unless there is intent or gross negligence on the part of the provider.
12.2 Within the web application, the Customer has the option of selecting various options for the design and content of the e-labels. The Provider points out that not all options may be permissible in every legal context or under all circumstances. The responsibility for the selection and use of these options and compliance with all relevant legal requirements lies with the customer. The provider is not liable for any damages resulting from the customer's selection or use of legally impermissible options.
13 Events that cannot be influenced
13.1 The Provider shall not be liable for damages or service disruptions caused by events beyond its control. These include, in particular, natural disasters, war, terrorism, strikes, lockouts, official orders, failure of communication networks and gateways of other operators, disruptions in the area of line providers and other disruptions for which the Provider is not responsible.
13.2 In the event of such events, the Provider shall endeavor to the best of its ability and within the scope of its technical and operational capabilities to ensure continuation of the services. However, the customer acknowledges that in such cases restrictions or outages of the services are to be expected.
13.3 The Provider undertakes to inform the Customer immediately of any events beyond its control and their impact on the provision of the Services, insofar as this is practicable.
14 Notification of errors and mistakes
14.1 The Customer undertakes to inform the Provider immediately if errors or mistakes are detected in the content generated by the web application, in particular the e-labels and the associated QR codes. This includes, but is not limited to, technical errors, malfunctions and legal inconsistencies in the generated content.
14.2 Notification of any errors or mistakes found should be precise and detailed in order to enable the Provider to rectify the problem quickly and effectively. The customer should provide all relevant information, such as the exact error description, screenshots or other evidence that helps to identify and solve the problem.
14.3 Upon receipt of such an error message, the Provider undertakes to check it immediately and to rectify it to the best of its ability. If immediate rectification is not possible, the Provider shall inform the Customer of the expected duration of the error rectification.
14.4 Failure by the Customer to notify the Provider of errors or mistakes in good time may limit the Customer's claims to rectification of defects or compensation if the Provider was unable to rectify the error or mistake in good time as a result of the delayed notification and further damage was incurred as a result.
15.1 The Provider uses the online translation service DeepL for the translation of certain terms and content entered by the Customer. While DeepL is known for its high quality and accuracy, the Customer acknowledges that automated translations may contain errors or inaccuracies and may not always reflect the intended content or legal requirements in the target language.
15.2 The Provider accepts no liability for any errors, inaccuracies or omissions in the translations provided by DeepL. It is the Customer's responsibility to check the accuracy and legality of the translations and to ensure that they comply with the requirements and legal provisions in the target language.
15.3 The Provider uses official translations for certain terms and content of the E-Labels,
taken from the regulations of the European Union.
Despite the official origin of these translations and the care taken in their selection, the Provider
the provider cannot guarantee that the translations used are absolutely free of errors or that they are always
accuracy or that the translations used are always up to date. Changes in the EU regulations or their interpretation
interpretation may occur after integration into the web application and may lead to discrepancies.
15.4 The Client is expressly advised that it is responsible for the final review and approval of the translated content, especially if it contains legally binding information. The Client should consider having the translations reviewed by a qualified translator to ensure that they comply with the legal requirements of the target country.
16. content linked via QR codes
16.1 The Provider offers the Customer the option of using dynamic QR codes to link any websites, including third-party e-labels. The Provider merely provides the technical functionality for linking and assumes no responsibility for the content, correctness, legality or quality of the websites or e-labels linked via these QR codes.
16.2 The Customer acknowledges that the Provider has no control over the linked content and is not responsible for monitoring, reviewing or evaluating it. Responsibility for the content, including its legal compliance, privacy practices and any activities carried out by these websites, lies solely with the Customer or the third party provider of the linked content.
16.3 The Customer undertakes to take all necessary measures to ensure that the Linked Content and websites comply with the applicable legal requirements. The Customer shall indemnify the Provider against any third-party claims that may arise due to the use of the linked content.
16.4 The Provider shall not be liable for any direct or indirect damage arising from the use of or access to content linked via QR codes, including but not limited to damage caused by legal violations, data protection violations or improper content.
17 Special conditions for specific services
17.1 Registration and hosting of an e-label domain
17.1.1 The Provider offers the registration and hosting of a domain
under which only the e-labels and QR codes created by the customer are presented
(so-called "e-label domain").
The customer has the right to choose a desired domain, the availability of which is checked by the provider.
The final domain registration takes place after confirmation and advance payment by the customer.
17.1.2 The Customer shall be registered as the owner of the domain. The Provider shall handle the technical aspects of domain registration and administration on behalf of the Customer. Domain registration is subject to the conditions of the respective domain registrar as well as the applicable domain name guidelines and laws.
17.1.3 The Customer shall be solely responsible for the legal admissibility of the domain name and shall indemnify the Provider against all third-party claims relating to the choice of domain.
17.1.4 In the event of termination of the service package or termination of the contract by the Customer or the Provider, the domain name shall remain registered to the Customer. The customer shall then be responsible for the administration and the costs incurred for the domain.
17.1.5 In the event of discontinuation of its services, the Provider undertakes to make available to the Customer all files or websites belonging to its registered domain. This enables the customer to continue to operate the registered domain with the e-labels and QR codes.
17.1.6 The Provider assumes no responsibility for the functionality of the e-labels or the domain and its content after the files have been handed over, in particular if the files are modified by the Customer or third parties after handover.
17.2 Provision and use of the PHP proxy script for the customer's homepage
17.2.1 The Provider shall provide the Customer with a special PHP script. This enables the customer to present e-labels under an Internet address that belongs to the customer's homepage or another domain.
17.2.2 The use of the PHP script assumes that the customer has sufficient technical knowledge and skills to carry out the integration correctly and properly. The Provider accepts no liability for damage or malfunctions caused by incorrect or improper integration of the tools by the Customer.
17.2.3 The Provider shall provide instructions and assistance for the installation and use of the PHP script. However, it is the Customer's responsibility to ensure correct installation and function. In the event of problems or uncertainties, it is recommended that expert support be sought.
17.2.4 The customer is obliged to take all necessary steps to ensure the compatibility of the script with its existing web infrastructure. He should ensure that the installation of the script has no negative impact on the functionality of his website.
17.2.5 The Provider shall not be liable for any direct or indirect damage caused by the improper installation or use of the script by the Customer. This includes, but is not limited to, damage to the Customer's website, loss of data or interruptions to the website.
17.2.6 The Provider accepts no responsibility for the functionality of the script in every possible constellation of website installations and configurations. The Customer should test the script thoroughly in its specific environment before using it in live operation.
17.2.7 The PHP script is provided "as is" and without warranty of any particular functionality or compatibility. The Provider reserves the right to change, update or discontinue the provision of the tools at any time.
17.2.8 The use of the PHP script may not lead to an infringement of the rights of use of the web application or other services of the Provider. The tools may not be passed on or sold to third parties without the express written consent of the Provider.
17.2.9 In the event of discontinuation of its services, the Provider undertakes to provide the Customer with all
files or websites that belong to the generated e-labels.
This enables the customer to continue operating the e-labels and QR codes itself.
17.2.10 If a direct transfer is not possible due to technical limitations or other unforeseeable circumstances, the provider shall
the provider shall offer alternative solutions to support the customer in the continuation of its e-labels.
This may include providing data in alternative formats, arranging third-party services or other forms of technical support.
other forms of technical support. However, the provider cannot guarantee that independent
continuation of the e-labels is possible in every case and recommends that the customer makes its own arrangements.
Furthermore, the provider points out that the independent continuation of the e-labels may entail additional costs for the customer.
could be associated with this.
17.2.11 The Provider assumes no responsibility for the functionality of the e-labels
after the files have been handed over, in particular if the files are modified by the customer
modified by the customer or third parties.
18 Term, Termination and Termination of Contract
18.1 Unless otherwise agreed, the contract has a minimum term of one month and can be terminated by either party with a notice period of one month to the end of the term. If the contract is not terminated, it shall be automatically extended for the same period. The contractual relationship begins with the customer's application and registration or with the first payment.
18.2 Notice of termination must be given in writing. This can be done by e-mail or via a specially provided form in the customer interface of the web application.
18.3 Both parties have the right to terminate without notice for good cause. Good cause shall be deemed to exist if one party breaches material contractual obligations and the other party is significantly impaired as a result.
18.4 After the end of the contract, the customer no longer has access to the web application and the e-labels created. The customer is responsible for backing up its data before the end of the contract. Data will be irrevocably deleted no later than six months after the end of the contract.
18.5 The Provider is entitled to block the services if the Customer is at least 8 working days in arrears with a payment installment, stores illegal content on the storage space available to it or makes the web application available to third parties contrary to the rights of use granted to it. In the event of blocking, the generated web pages and the web application shall not be accessible to the customer or third parties.
18.6 The Provider is also entitled to immediately block the Customer's storage space/application/websites if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. Reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the provider of this. The provider must inform the customer of the block and the reason for it without delay. The block must be lifted as soon as the suspicion is invalidated.
19.1 The Provider's services are generally also available to customers outside Germany. Customers located outside Germany acknowledge that they are responsible for compliance with the laws and regulations applicable in their country.
19.2 The Provider accepts no liability for the legality of the use of its services in other jurisdictions. The Customer is responsible for ensuring that the use of the Provider's services complies with local laws and regulations.
19.3 All disputes arising from or in connection with the use of the Provider's services by international customers are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contractual relationship is, as far as legally permissible, the registered office of the Provider.
19.4 Should individual provisions of these GTC be invalid or unenforceable under the law of a particular country, the remaining provisions shall remain unaffected and effective. The invalid or unenforceable provision shall be replaced by an appropriate provision that comes closest to what the Provider intended in accordance with the meaning and purpose of the original provision.
20. language versions and authoritative version of the GTC
20.1 These General Terms and Conditions (GTC) were originally drawn up in German. In order to accommodate our international customers, we offer translations of these GTC into other languages. These translations are for information purposes only.
20.2 In the event of ambiguities, contradictions or differences between the German version and a translated version of these GTC, the German version shall always prevail. This means that in the event of differences of interpretation or discrepancies, the German version shall be legally binding.
20.3 We endeavor to provide a precise and correct translation of our GTC. However, we cannot guarantee the absolute accuracy or completeness of the translated versions. We accept no liability for the accuracy, reliability or completeness of the translated content.
20.4 Customers are advised to seek independent legal advice in the event of any ambiguities or questions regarding the meaning or interpretation of the GTC.
20.5 By using our services and accepting these GTC in any language, you confirm that you have understood and acknowledge the meaning of the German version of the GTC and its supremacy.
21. final provisions
21.1 The contracts concluded between the Provider and the Customers are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
21.2 If the Customer is a merchant or has no general place of jurisdiction in Germany, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the Provider. Sentence 1 shall not apply if an exclusive place of jurisdiction is established for the dispute.
21.3 The Provider is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or corporate strategy) and subject to a reasonable period of notice. Existing contractual partners will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing contractual partner does not object within the deadline set in the notification of change, its consent to the change shall be deemed to have been granted. The notification of the intended amendment to these GTC shall refer to the deadline and the consequences of an objection or failure to object.
Status: February 07, 2024