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Terms and Conditions
(Allgemeine Geschäftsbedingungen)

The following translation is not the legal or official text.  It is an automated translation.  Please refer to the Bottlebooks Allgemeine Geschäftsbedingungen (AGB) in German for the legal text: 

www.bottlebooks.me/terms-and-conditions?lang=de

 

  1. Scope

    1. Bottlebooks GmbH, Schellingstr. 109a, 80798 München (hereinafter referred to as “Bottlebooks”) provides services for their brand “Bottlebooks” provides all services exclusively on the basis of these General Terms and Conditions.

    2. These also apply to future contracts between the parties, even if they are not expressly agreed again.

    3. The provider does not recognize any deviating terms and conditions of the customer unless the provider has expressly agreed to them.

    4. Differing or conflicting terms and conditions of the customer only apply if Bottlebooks has expressly agreed to them. Otherwise, Bottlebooks' general terms and conditions apply even if Bottlebooks provides its services unconditionally, even though it is aware of the different terms and conditions.

  2. Subject of the contract

    1. Bottlebooks GmbH operates under the domain app.bottlebooks.me, an online platform, which makes it possible to collect, publish and exchange information about wine and drinks.

    2. The platform is only available to merchants and entrepreneurs. 

  3. Registration and access to the platform

    1. The user registers on the Bottlebooks platform and provides all the necessary information.

    2. Bottlebooks reserves the right to accept or reject the user's registration.

  4. Rights and obligations of the user

    1. The user owes the remuneration (usage fee) in the amount of the subscription selected by the user in the ordering process and confirmed by Bottlebooks for one year in advance.

    2. The customer is obliged to provide Bottlebooks with his full name as well as a valid name and email address. The customer warrants that the information provided by him is correct and complete. The customer warrants that the information provided by him is correct and complete.

    3. The user undertakes to: Bottlebooks to be used only in accordance with applicable laws and the terms of this Agreement. The user is liable for all activities carried out via his access to the Bottlebooks domain.

    4. The user is solely responsible for the accuracy and completeness of the e-label, website, PDF, Excel or other output created by him. The final inspection is the responsibility of the user. Bottlebooks assumes no liability for errors in content.

    5. The user undertakes to indemnify Bottlebooks internally from all possible claims by third parties that are based on illegal or infringing actions by the user or errors in the content of the information provided by the user. This applies in particular to copyright, trademark, name, wine, data protection and competition law violations.

  5. Rights and Responsibilities of Bottlebooks

    1. Bottlebooks grants the User access to create the Websites, Labels, PDFs, Excels and other content within the agreed subscription and in accordance with the terms of this Agreement.

    2. Bottlebooks does not provide legal advice. The generator to create the E-label, website, PDF, Excel or other output is just a tool.

  6. Liability

    1. Bottlebooks is liable in cases of intent or gross negligence or of a representative or vicarious agent as well as culpable injury to life, body or health in accordance with the statutory provisions.

    2. However, in cases of gross negligence, Bottlebooks' liability is limited to the foreseeable damage that is typical for the contract, unless another of the exceptional cases listed in paragraph 5.1 also applies. Otherwise, Bottlebooks is only liable for culpable violation of essential contractual obligations or if Bottlebooks has fraudulently concealed a defect or given a guarantee for the quality of the service. However, the claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, unless another exceptional case listed in paragraph 5.1 also applies.

    3. The provisions of paragraph 5.1 above apply to all claims for damages (in particular for damages in addition to performance and damages instead of performance), regardless of the legal basis, in particular due to defects, the breach of obligations arising from the contractual relationship or from unlawful acts. They also apply to the claim for reimbursement of wasted expenses. Liability for delay or impossibility is determined exclusively in accordance with the statutory regulations.

    4. A change in the burden of proof to the detriment of the user is not associated with the above regulations.

  7. E-labels

    1. The Bottlebooks e-labels you create may only be used to represent either the Subscriber Company or brands or companies owned by the Subscriber Company.

    2. You only pay for new labels every year. E-labels are only counted if they are created this year.

    3. If you want to cancel, you can redirect all your QR codes to your new provider or website for free.

    4. If you cancel all e-label subscriptions, you will lose access to edit or manage old e-labels.

    5. We will maintain e-labels for 10 years.

    6. The user is responsible for the accuracy and up-to-dateness of his data in the imprint; this also applies to the data used in creating the nutritional table, ingredient list and calorific value.

  8. Confidentiality

    1. The parties undertake to maintain confidentiality regarding all matters and internal matters of their contractual relationship and the information received from contractual partners in connection with the contract negotiations and the fulfillment of the contract, even after the end of the contract term, unless there is a legal obligation to disclose it.

  9. Term and termination

    1. The contract comes into force as soon as the user has completed registration on the platform and the subscription has been confirmed by the platform operator.

    2. The contract term depends on the subscription taken out Contract or terminated by automatic termination in the Bottlebooks platform.

    3. The contract can be signed by one of the parties in text form (e.g. by E-mail, Fax or letter) can be terminated by notifying the other party.

    4. In the event of early termination by the user, the user is not entitled to a refund of any usage fees already paid.

  10. Intellectual property

    1. By uploading content to the platform, the user does not transfer any intellectual property rights to Bottlebooks. The content remains the property of the user. Bottlebooks will neither sell nor pass on this content to third parties without the user's express consent, unless this is necessary to fulfill the contract.

    2. User does not obtain any rights to Bottlebooks' intellectual property rights except to the extent expressly granted in this Agreement.

  11. Changes to the contract

    1. Bottlebooks reserves the right to modify or update this Agreement at any time.

    2. The user will be informed about changes to the contract by email or via his account. Continued use of the Platform after such changes constitutes acceptance of the changed Terms.

  12. Severability clause, final provisions

    1. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the validity of the remaining provisions will remain unaffected.

    2. This contract is subject to German law.

    3. For all disputes arising from or in connection with this contract, the parties agree to the exclusive place of jurisdiction at the registered office of Bottlebooks.

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