Our terms and conditions

These general terms and conditions (hereinafter the General Terms and Conditions) govern access to and use of the website accessible via the address qr-code-wine.com (hereinafter the Website) as well as the terms and conditions for subscribing to the Services, as defined in section III. below, offered by GIE IDWEB, via the Website.

Access to and use of the Site are free and do not require any subscription or registration. However, subscription to the Services listed below requires registration by the User under the conditions described below, and prior acceptance of GIE IDWEB's "Subscription and Fees Policy" indicated in paragraph IV, which develop and complete these General Conditions.

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

GIE IDWEB
77 rue Charlet
18000 Bourges
France

Email : contact @qr-code-wine.com

Website : https://qr-code-wine.com

Express acceptance of these General Terms and Conditions when subscribing to GIE IDWEB's Services will take place by clicking on the "I have read and accept the General Terms and Conditions" button on the registration page and implies full and unreserved acceptance of these General Terms and Conditions, in the version published at the time of the launch of the Services subscription process.

Please read these Terms and Conditions carefully before using the services offered by GIE IDWEB from the Website. GIE IDWEB reserves the right to modify or revise these General Conditions at any time by publishing any modifications or revised General Conditions on the Website.

GIE IDWEB will alert you to changes or revisions by indicating the date of the latest revision at the top of these General Terms and Conditions. The modified or revised General Conditions will come into force immediately after the renewal or upgrade of the contracted Services, as indicated in the "GIE IDWEB SUBSCRIPTION AND FEES POLICY". Express acceptance of any amendment to these General Terms and Conditions will occur when subscribing to a renewal or upgrade of the Services by clicking on the "I have read and accepted the General Terms and Conditions" button.

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

Definitions

"the Website": a specialised website and platform providing a service to operators in the wine, aromatised wine and spirits sector.
"User": a company whose details are given on the application form and who has accepted these terms and conditions.
"Visitors": natural persons, whether consumers or not, who access the Site and the E-labels generated by the Site without registering.
"Services" refers to the global services provided via the website enabling users to share and publish reliable information about their products in an electronic label accessible via a QR code.
"E-label" means a specific URL web page on which data about 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 pointing to an E-label.
"Data Content" means product data expressed as data attributes (whether in text, image or other form) provided by the user to GIE IDWEB and published via an electronic label for consultation by visitors.
"Creation E-labels" refers to the User's ability to access the Website in order to :
one. generates a specific URL (including all possible language versions) for a specific market after downloading the relevant data content. For the EU market, the 24 different language versions count as one e-label; and

b. if necessary, generates a QR code that links to the URL.
"Maintenance of electronic labels" means the storage by GIE IDWEB of data content and its publication in an electronic label accessible to consumers by scanning a QR code.
"Edition of E-labels" refers to the User's ability to access the Website and :
a. Edit the data content of their E-labels by modifying it, adding to it or deleting it;

b. Customise and download the QR-code of an existing E-label

Services

(1) The services provided by GIE IDWEB on the website include:

- Access to specific data models to enter data on wines, aromatised wines and spirits in a structured way;

- Facilitating the translation of data concerning mandatory consumer information in accordance with EU law into other languages;

- Publication of Data Content on E-labels that are publicly accessible to Visitors; and

- Generation of specific QR codes linked to individual electronic labels.

(2) An additional service may be added by the parties via an online service registration process on the website, or by other written means approved by GIE IDWEB and the user.

(3) The obligations of GIE IDWEB in terms of availability and continuity of the Service are based on an obligation of means, GIE IDWEB using its best efforts to provide the Service secure or free from error or interruption. Nevertheless, GIE IDWEB does not represent or warrant that the availability and continuity of the Service will be secure or free from error or interruption, in extreme circumstances of various kinds, including, but not limited to:

- Unintentional breakdowns or breakdowns due to gross negligence in the data model of GIE IDWEB or any third party engaged for this purpose.

- Maintenance, repair, update or improvement process. (GIE IDWEB undertakes to make its best efforts to carry out maintenance outside peak hours and to inform, by means of a notice on the website, prior to any interruption in access to the server, on its own initiative or of which it is aware).

- Force majeure or any other cause beyond the control of GIE IDWEB, including, without limitation, communication interruptions or breakdowns or any other cause attributable to third parties.

(4) GIE IDWEB may temporarily interrupt access to or availability of the Services and/or the Website by the User and/or the Visitor, for security reasons or actions to improve its supply or configuration, to make changes to the Services and/or the Website, including, but not limited to, its design, functionality and appearance.

Subscription & payment

General rules

In return for the provision of the Services, Users shall pay GIE IDWEB the subscription fees in accordance with the "GIE IDWEB SUBSCRIPTION AND FEES POLICY".

The User shall pay GIE IDWEB, on the day of subscription, the fee corresponding to the subscription formula selected. The fees will be paid in accordance with the payment system detailed below.

The invoice will be sent to the e-mail address indicated by the User in the subscription form. The User shall notify GIE IDWEB in good time of any change in payment details.

Payment system

Payment shall be made by direct debit, bank card (Visa/MasterCard, etc.), virtual card or any other means of payment that GIE IDWEB may introduce.

Right of withdrawal

Following subscription to a GIE IDWEB package, the User has a 14-day right of withdrawal provided that no e-tag has been generated.

After the 14-day period or if an E-label has been generated, the User loses his right to a refund.

The day on which the contract is concluded (day of subscription) 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 expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Customer shall exercise its right of withdrawal by informing GIE IDWEB of its decision to withdraw by sending, before the expiry of the 14-day period, the declaration of withdrawal expressing its wish to withdraw.

Intellectual property and licensing

Intellectual property and user licences

All content on the Website (including, but not limited to, databases, images, designs, graphics, text, audio, video and software files) and the compilation (meaning the collection, arrangement and assembly) of all content is either the property of, or licensed to, GIE IDWEB and is protected by national and international intellectual property laws.

The names of products, services and companies appearing in these General Conditions or on the Website are protected as trademarks, brands or trade names of GIE IDWEB or their respective owners. By using the Website, the user benefits from a limited, non-exclusive and non-transferable right to use the content and elements of the Website as part of normal use of the Website. The user may not copy, reproduce, transmit, distribute or create derivative works from such content or information without the express written permission of GIE IDWEB.

Licence to third parties

Users authorise GIE IDWEB to grant third parties a non-exclusive, non-transferable and non-sublicensable right to directly access the data content already published on the E-labels provided that the third party does not :

present, publish or use the Data Content in a false or misleading manner.
uses the content of the data in a way that infringes the rights of third parties (including the rights of users or designated persons) or violates applicable laws and regulations.
modifies the content of the Data Content by publishing or broadcasting this Data Content (unless it has the User's express written authorisation to do so).
publishes or uses the content of the data in a way that implies approval on the part of the user or GIE IDWEB (unless it has expressed the written permission of the user or GIE IDWEB to do so).
claims any copyright or other property right over the content of the data.
use, sell, sub-licence, distribute or otherwise make available the content of the data to third parties, other than as part of a value-added product;

However, GIE IDWEB is not authorised to disclose to third parties any information, in particular with regard to the protection of business secrets and any relevant commercial information to which GIE IDWEB has access, including the number and type of SKUs, the volume of products, the countries of destination, etc., with the exception of information disclosed to the public authorities on request for reasons of public interest, in accordance with applicable laws and regulations. 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, GIE IDWEB is not authorised to disclose to third parties end-user statistical data on consumer behaviour concerning a specific user or category of users (by country, region, etc.), unless explicitly authorised to do so.

Liability and obligations relating to data content

(1) Users are entirely responsible, in their capacity as commercial operators and/or publishers, for all Data Content made accessible via E-labels to Visitors.

(2) GIE IDWEB will not undertake any verification of the content of the data or certify its accuracy or legality. GIE IDWEB will not be held responsible for :

(i) the actions or omissions of Users and Visitors, (ii) the information disseminated on the Site by Users, its subject matter, accuracy, completeness and/or compliance with applicable regulations or (iii) the compliance of the products presented with the description given. GIE IDWEB, to the extent permitted by applicable law, shall in no event be held liable for any damage or loss suffered by Users and/or third parties as a result of the content of the E-labels.

(3) GIE IDWEB does not approve the content of third party websites included by the user in the data content. These contents or links to such contents do not imply control or acceptance and/or approval by GIE IDWEB of the contents or services offered and made available there. Consequently, Visitors and/or Users must exercise extreme caution when evaluating and using these links, and GIE IDWEB cannot be held responsible for the information, data, files, products, services and any type of material present on the pages accessible via 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 GIE IDWEB approves, supports, guarantees or recommends these sites.

(4) Users must comply with all applicable legislation and refrain from

(i) infringe the rights of third parties,
(ii) infringe intellectual property rights or list counterfeit items,
(iii) incitement to offences or crimes, discrimination, hatred or violence based on race, ethnic origin or nationality,
(iv) communicate incorrect information or confidential information,
(v) make defamatory comments,
(vi) commit acts likely to endanger minors,
(vii) publish the personal data of other people or violate their right to privacy or
(viii) usurp someone else's identity.

(5) In the event that the Content of the Data does not comply with these General Conditions, the User acknowledges and accepts that, in its capacity as host, GIE IDWEB will delete the User's Content. This does not authorise GIE IDWEB to carry out any control of the compliance of the Content of the Data with regard to the applicable regulations on labelling, the User remaining entirely responsible for any violation or omission of the legal requirements in force.

(6) GIE IDWEB may take action against the User, including regarding the usability of his account, without notice, if any User Data Content condoning crimes against humanity, inciting racial hatred and / or violence, concerning child pornography or any other illegal content. GIE IDWEB may suspend access to the Data Content concerned, and not necessarily to all of the User's products in question, while informing the competent public authorities about this, which may lead GIE IDWEB to take one of the actions stipulated in the RIGHTS AND OBLIGATIONS section. This possibility does not relieve GIE IDWEB of responsibility in the event of abusive, irrelevant, disproportionate or manifestly unfounded suspension of end-user access to Data Content.

Responsibilities of the user

(1) The User undertakes :

- When you register on the Site, you must provide truthful information about yourself, your username and your email address.

- When using the Website, to provide objective, correct, exhaustive and detailed information.

- Not to use the Website and/or the Services for the purpose of carrying out illegal or fraudulent actions or transactions, contrary to what is established in these General Terms and Conditions, to generally accepted good morals and public order. or in a manner prejudicial to the rights and interests of GIE IDWEB or third parties, or in any other way likely to damage, render useless, overload or deteriorate the Website, preventing its normal use by users.

- Not to use (share and/or publish) misleading or incorrect information and/or data.

(2) When using the Website, the User represents :

- who has full capacity and all rights to carry out transactions on the Website relating to the services listed in Section III. or to use the Website, as the case may be.

- who accepts and abides by the General Terms and Conditions and all other contractual documents, such as the Privacy Policy, as well as the other rules of the Website.

- who understands that he/she is entirely responsible for the Transactions carried out or the use of the Website, as the case may be.

(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) photographs (i) for which the User concerned does not hold the intellectual property rights (i.e. photographs found on the Internet or from other sources); or (ii) which are or may be considered to be contrary to public decency and/or public order. - Not to publish content that praises, promotes, encourages or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, trafficking in human beings, organised crime, illegal organisations, self-harm, suicide, torture, cruelty to animals, war crimes, sexual exploitation of children and/or adults, sects, etc.

- Do not contravene any applicable laws and/or regulations.

(4) The User undertakes to keep his/her login details and password confidential with regard to third parties, with the exception of persons authorised by the User to use his/her login details.

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

(6) Users are responsible for the proper printing of QR codes on product labels, paying particular attention to the quality of the printing and the size of the QR code, in order to ensure appropriate legibility by visitors.

Rights and responsibilities of GIE IDWEB

(1) GIE IDWEB will immediately delete and/or block any illegal data content:

- after having been duly notified by the competent Authorities ;

- if an E-Label deliberately and intentionally discloses incorrect information, insults other people or acts inappropriately;

- use the identity of another User on the Website or act in any other illegal manner.

In addition, GIE IDWEB may totally prohibit Users ("total block") from using the, by deleting 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:

- indicating the reasons for the prohibition or limitation. To be valid, these reasons must also involve a risk of liability for GIE IDWEB in accordance with the applicable law;

- these reasons must be serious enough to justify a total blockade as a last resort;

- in case of doubt, partial blocking (i.e. blocking of the data content concerned) should be applied;

- a total blockage must be notified in advance;

- if the User complies, the total block will be lifted immediately. "Total blocking" means that the User's account will be blocked and/or cancelled and that the possibility of using the Site from the User's computer will be blocked. The User must be aware that after "total blocking", he or she will no longer have the right to use or re-register on the Site, unless the User complies. This exception does not apply in the event of a repeat offence. In the event of cancellation of the user's account, GIE IDWEB may store certain information, in accordance with GIE IDWEB's privacy policy, as it may be necessary to reconstruct the circumstances surrounding GIE IDWEB's decision to cancel the user's account and transfer this data to the institutions and authorities responsible for applying and enforcing the law.

(2) GIE IDWEB, in accordance with the above section or after being duly notified by the competent authorities, will immediately remove and/or block any illegal data content.

(3) GIE IDWEB may investigate any breach of the General Terms and Conditions and inform the competent institutions and authorities.

(4) Subject to having taken the usual and reasonably expected security precautions under its control, GIE IDWEB cannot be held responsible for unforeseeable events such as cyber attacks or possible security flaws concerning data transmission or performance guarantees concerning the volume and speed of data. transmissions. Under these conditions, it is the responsibility of Users to take all appropriate measures to protect their own data and/or software, in particular from contamination by any viruses circulating on the Internet.

(5) GIE IDWEB 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 GIE IDWEB or the User of its obligations under these Terms and Conditions resulting from acts, events, omissions or non-events beyond its reasonable control, including (but not limited to) riots. war, cyber-attacks, acts of terrorism, fire, epidemic, extreme weather conditions, flood, storm or earthquake and any disaster, compliance with any law, order, rule, regulation of any government or other authority, acts of any government or other authority or shortage of labour or inability to procure supplies;

(6) The entire liability of GIE IDWEB and the exclusive remedy of the user, at law, in equity or otherwise, in respect of the content and services of the website and / or for any breach of these terms and conditions are solely limited to the amount that the user has been billed by GIE IDWEB during the last contractual relationship between the parties.

Cancellation of services

GIE IDWEB may at any time, for duly justified reasons or in the event of force majeure and subject to two months' notice, cease operating the Site and distributing the Services. In this case, GIE IDWEB will refund the part of the price of the Services paid and not used.

However, GIE IDWEB will ensure that the information and E-labels created before the termination date have a backup solution to allow access to the information relating to the contract during the two-month notice period. The back-up solution must be operational and available to the User at all times, enabling the User to change service provider, with prior notice or in an emergency. Recourse to this backup solution is without prejudice to the rights of GIE IDWEB in the event of unjustified termination of the contract at the initiative of the User.

All information, including translations of Data Content, concerning a User, created prior to the Termination Date will be the exclusive property of the User.

Right of reorientation

The User may ask GIE IDWEB, at any time prior to the Account Cancellation Date, as defined in the "GIE IDWEB SUBSCRIPTION AND FEES POLICY", to redirect a QR-code to a URL of his choice under the conditions set out in the "GIE IDWEB SUBSCRIPTION AND FEES POLICY" .

Compensation

The User shall release, indemnify, defend and hold harmless GIE IDWEB and all of its subcontractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any and all liability, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses. GIE IDWEB shall not be liable for any claims, demands, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties related to or arising out of the breach of the User's warranties, representations and obligations under these Terms and Conditions; the Data Content or the User's use of the Data Content; any intellectual property or other proprietary right of any person or entity; the User's breach of any provision of these Terms and Conditions; or any information or data provided by you to GIE IDWEB.

When GIE IDWEB is threatened with or sued by a third party, GIE IDWEB may request written assurances from the User regarding the User's promise to indemnify GIE IDWEB, provided that the User is responsible for this situation; the User's failure to provide such assurances may be considered by GIE IDWEB as a material breach of these Terms and Conditions.

GIE IDWEB shall have the right to participate in any defence of the user against any third party claim relating to the user's use of any of the data content of the website, with counsel of GIE IDWEB's choice. GIE IDWEB shall reasonably cooperate in any defence of the user against any third party claim at the user's request and expense. User shall be solely responsible for defending GIE IDWEB against any claim, but must receive GIE IDWEB's prior written consent to any related settlement. The terms of this provision shall survive any termination or cancellation of these Terms and Conditions or the use by Users of the Website or Services pursuant to Section III of these Terms and Conditions.

Privacy policy

GIE IDWEB will process all personal data relating to users in accordance with GIE IDWEB's privacy policy and in accordance with the provisions of the GDPR, where applicable. GIE IDWEB'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 services - as well as the user's rights regarding their personal data. The privacy policy and all its parts are not considered contractual clauses and do not form part of these general terms and conditions, unless otherwise provided in these general terms and conditions.

Miscellaneous

Effect of waiver.

The fact that GIE IDWEB does not exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, GIE IDWEB and the User nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in that provision, and the other provisions. of these Terms and Conditions remain in full force and effect.

Applicable law; Jurisdiction.

The competent Commercial Court is located in Bourges (18000).

Limitation period.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services, or these Terms and Conditions, must be filed within two years after such claim or cause of action arose or was discovered or could reasonably have been discovered or be barred.