Terms of Use

Version 1.00
Last revised on February 15, 2025

1. General Provisions

1.1. These General Terms and Conditions of Subscription and Payment (hereinafter, the “GTCSP” or “General Terms and Conditions of Subscription and Payment” or the “General Terms and Conditions” or “GTCSP GRAPP”) apply without restriction or reservation to all services and product supply by Gwenn Laudrin, sole trader with registered office at 8 rue du gypaète – 64000 Pau, operating under Siret number 512 931 569 00010, owner and manager of the website grapp-label.eu and owner of the Grapp^® brand (hereinafter, the “Service Provider”), operating under the trade name “Grapp” with its customers (hereinafter, the “Customers” or the “Customer” or the “Subscriber”).

1.2. The CGAP govern the relations between the Service Provider and the Customer. They apply automatically, in whole or in part, in the absence of written provisions to the contrary or different agreed between the parties.

1.3. The fact that a natural or legal person places an order with the Service Provider implies full and complete adherence to and acceptance of these General Terms and Conditions and obligation to pay for the services ordered, which is expressly acknowledged by the Customer who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.

1.4. More specifically, explicit acceptance of these General Terms and Conditions when subscribing to the Service Provider’s Services will be done by checking the option “By registering, I accept the general terms and conditions”, available on the registration page. This action entails full and unreserved adherence to the General Terms and Conditions in force at the time of starting the subscription process for the Services.

1.5. Before using the services offered by the Provider through its website, it is essential to read these General Terms and Conditions carefully. The Provider reserves the right to modify or update them at any time by publishing the new version directly on its website.

1.6. Any modification or revision of the General Terms and Conditions will be indicated by an update of the revision date at the top of the document. These changes will take effect immediately upon renewal or upgrade of the Services subscribed to, in accordance with the provisions specified in the Subscription and Payments section below. By continuing to use the Services after the update date, you expressly accept these changes.

1.7. These General Terms and Conditions do not affect in any way the terms and conditions of any written agreements you may have with the Provider regarding other products or services. If you do not agree to these Terms and Conditions, please immediately cease all use of the Website and contact contact@grapp-label.eu to cancel your access to the Services.

2. Purpose and scope of application / Services

2.1. Grapp offers and subscriptions consist of the provision of specific data models for structuring information on wines and spirits, the publication of data in the form of electronic labels publicly accessible to visitors and the generation of unique QR codes associated with individual electronic labels (hereinafter the “Subscription” or the “Offer” or the “Grapp offer”).

2.2. The main characteristics of the offers and in particular the specifications, illustrations, indications of the Grapp offers are presented on the site https://www.grapp-label.eu, which the Customer is required to read before ordering.

2.3. The choice of the Grapp offer is the sole responsibility of the Customer.

2.4. Additional services may be added at any time by the parties, either via online registration on the Website or by other written means jointly approved by the Service Provider and the Client.

2.5. With regard to the availability and continuity of the services, the Service Provider undertakes to deploy all necessary means to guarantee a secure and efficient service. However, this obligation remains an obligation of means and not of result. The Service Provider cannot guarantee that access to the service will be free from any error, interruption or security breach, in particular in the event of exceptional circumstances such as:

2.5.1. Unintentional failures or failures resulting from serious negligence in the data model of the Service Provider or a third-party service provider;

2.5.2. Maintenance, repair, update or improvement operations of the service (the Service Provider will do its utmost to carry out these interventions outside of peak periods and will warn in advance of any interruption via an announcement on its site);

2.5.3. A case of force majeure or any event beyond its control, including communication interruptions or failures attributable to third parties.

2.6. The Provider reserves the right to temporarily interrupt access to the services or the website, in particular for reasons of security, optimization of features or improvement of the user experience. These interventions may include changes to the interface, features or configuration of the site and associated services.

3. Subscription / Payments

3.1. The Service Provider will send, electronically, an order confirmation which will specify in particular, the subscription date and the anniversary date of the subscription, the current rate, and the number of E-Labels to which the Customer is entitled during the term of the Subscription.

3.2. At any time, the Customer may choose to modify his subscription by increasing it, reducing it or canceling it, according to the conditions specified in the Modification section below.

3.3. The Subscription is concluded at the current rates appearing on the website https://www.grapp-label.eu, when the order is registered by the Seller (hereinafter the “Price”).

3.4. The Prices are expressed in euros, excluding and including VAT.

3.5. These prices are fixed and not revisable during the validity period of the Subscription to the Service but the Service Provider reserves the right, outside the validity period, to modify the prices at any time.

3.6. The Subscription may be paid either by the Subscriber or by a Third Party Payer, i.e. any natural or legal person who undertakes to pay, under the conditions defined in this Contract, the Subscription provided to the Subscriber by the Service Provider.

3.7. If the Price is paid by direct debit, the Customer undertakes to provide the bank details of his bank from which the direct debits will be made by the Service Provider.

3.8. The services provided by the Service Provider are billed in advance on an annual basis and renewed automatically. An active subscription allows the user to create E-labels for its entire validity period.

3.9. When subscribing, the user must pay the Service Provider the fees corresponding to the chosen subscription plan.

3.10. Payment must be made by Visa, MasterCard, or any other payment method that the Service Provider will set up. Payment processing is provided by the third-party service Stripe, which takes care of processing subscriptions and storing the user’s payment data.

4. Modification

4.1. At any time during an active subscription cycle, the Customer may modify his Subscription by opting for a plan with a larger allocation of electronic labels.

4.2. This modification will take effect immediately after the processing of the payment corresponding to the new subscription. A new billing cycle will then begin from this date.

4.3. The user also has the option of reducing his Subscription, provided that the number of electronic labels already existing on his account is less than the limit authorized by the new plan chosen.

4.4. The Service Provider will not refund any subscription fees already paid under an active Subscription. After modification, the new subscription will be renewed, under the conditions of the Renewal Section below, at the rate in effect one year after the date the change is implemented.

5. Entry into force and duration of the Subscription

5.1. Entry into force. The Subscription Agreement enters into force on the date of signature of the Subscription (hereinafter referred to as the “Effective Date”).

5.2. Duration. The duration of each Subscription is twelve (12) months from the Effective Date.

5.3. Tacit Renewal. Each Subscription is tacitly renewed for periods of twelve (12) months, at the rate and according to the composition of the Subscription in effect on the renewal date, unless terminated under the conditions of Article 8 below.

6. Late or non-payment

6.1. In the event of late or non-payment by card, the Service Provider grants the Customer a period of 30 days to change their registered payment method and pay for the renewal. If payment is not made within this period, the Customer’s account will be locked. A locked account prevents any creation or modification of electronic labels until the failed payment is regularized. Once the payment has been successfully processed, the account will be reactivated and will return to its active status.

6.2. In the event of a default not settled within the aforementioned period, the Service Provider reserves the right to terminate the Subscription, under the conditions referred to in Article 8 below.

7. Warranty / Obligations and Liability of the Customer

7.1. Warranty

7.1.1. When using the Website, the User declares and guarantees:

7.1.1.1. That he has full legal capacity and all necessary rights to carry out transactions relating to the services listed in the Subscriptions and Payments section on the Website, or to use said site, if applicable;

7.1.1.2. That he unreservedly accepts these General Conditions as well as all other contractual documents and undertakes to comply with the applicable rules of the Site;

7.1.1.3. That he understands and acknowledges being fully responsible for the transactions carried out and the use of the Website, if applicable.

7.1.2. The Service Provider does not offer any express or implied guarantee with regard to the services it provides to its customers. The Customer is solely responsible for the choice of his order and the use he makes of it.

7.2. Obligations

7.2.1. The Customer undertakes, during the use of the Website:

7.2.1.1. To provide, when registering on the Website, accurate and truthful information about him/her, including his/her username and email address;

7.2.1.2. To submit, when using the Website, objective, correct, complete and detailed information;

7.2.1.3. Not to use the Website and/or the Services for illegal or fraudulent purposes, contrary to the provisions of these General Terms and Conditions, to good morals, to generally accepted principles and to public order, or in a manner likely to harm the rights and interests of Grapp or third parties, or to damage, render unusable, overload or deteriorate the site, thus preventing its normal use by other users;

7.2.1.4. Not to publish, share or use misleading or incorrect information and/or data.

7.2.1.5. Not to encourage the acquisition of goods whose sale is prohibited or subject to legal restrictions;

7.2.1.6. Not to use, share or publish photographs: (i) for which the Customer concerned does not hold the necessary intellectual property rights (in particular images found on the Internet or other sources); or (ii) which are likely to be considered contrary to good morals and/or public order;

7.2.1.7. Not to publish content that praises, promotes, encourages or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, self-harm, suicide, torture, cruelty to animals, glorification of war crimes, sexual exploitation of children or adults, or any form of sectarianism;

7.2.1.8. Not to violate applicable laws and/or regulations in force.

7.2.2. The Customer undertakes to keep his/her identifiers and password confidential and not to disclose them to any third party, except to persons he/she has expressly authorized to use his/her identifiers.

7.2.3. The Customer also undertakes to immediately update any information relating to his account which has become inaccurate, in particular his payment and contact details.

7.3. Responsibilities

7.3.1. Customers assume full responsibility, as commercial operators and/or publishers, for all Data Content made available to Visitors via the E-labels. The Service Provider will not under any circumstances verify the Data Content or guarantee its accuracy or legality.

7.3.2. Customers are also responsible for the correct printing of QR codes on product labels, paying particular attention to the quality of the printing as well as the size of the QR codes, in order to ensure their adequate readability by Visitors.

7.3.3. Customers are also responsible for the inclusion of the required information on the physical labels of the products, in accordance with the applicable regulations, in particular with regard to information relating to energy, allergens and any other country-specific information.

7.3.4. Consequently, the Service Provider shall not be held liable for the following:

7.3.4.1. The actions or omissions of Customers and Visitors,

7.3.4.2. The information published on the Site by Customers, its subject matter, accuracy, completeness and/or compliance with applicable regulations,

7.3.4.3. The conformity of the products presented with the description given.

7.4. Rights and liability of the Service Provider

7.4.1. To the extent permitted by applicable law, the Service Provider shall not be held liable for any damage or loss suffered by Customers and/or third parties as a result of the content of the E-labels.

7.4.2. The Service Provider does not approve or control the content of third-party websites integrated by the Customer into the content of the data. Links to these sites do not in any way indicate an endorsement or recommendation by the Provider regarding the content or services offered on these sites. Consequently, the Visitor and/or Client must exercise the utmost caution when evaluating or using these links. The Provider shall not be held liable for any information, data, files, products, services or any other material on these pages or for any damage resulting from access to these third-party sites or from reliance on their content. The inclusion of links to external sites does not in any way imply endorsement, support, guarantee or recommendation of these sites by the Provider.

7.4.3. The Provider may take legal action against the User, in particular with regard to access to their account, without notice, if any Data Content tolerates crimes against humanity, incites racial hatred, violence, child pornography or any other illicit content. The Service Provider may suspend access to the Data Content concerned, without necessarily suspending access to all of the User’s products, and will notify the competent authorities in this regard. However, this possibility does not release the Service Provider from liability in the event of abusive, irrelevant, disproportionate or manifestly unfounded suspension of end users’ access to the Data Content.

7.4.4. Subject to taking the usual and reasonably expected security measures under its control, the Service Provider cannot be held liable for unforeseeable events, such as cyberattacks or security breaches related to data transmission, or performance guarantees regarding the volume and speed of data transmissions. In this case, it is the responsibility of the Customers to take all appropriate measures to protect their own data and software, in particular against contamination by viruses circulating on the Internet.

7.4.5. The Provider shall not be liable for any interruption of the Services due to force majeure. A “force majeure event” means any cause affecting the performance of the Provider’s or the Customer’s obligations resulting from acts, events, omissions or non-events beyond the reasonable control of the affected party, including but not limited to: riots, war, cyber attacks, acts of terrorism, fire, epidemics, extreme weather conditions, floods, storms, earthquakes and other disasters, as well as any action taken by a government or competent authority, or labor shortages or supply difficulties.

7.4.6. The Provider’s total liability and the Customer’s exclusive remedy, at law, in equity or otherwise, in respect of the content and services of the Website and/or any breach of these Terms and Conditions shall be limited to the amount invoiced to the Customer at the time of the last contractual relationship between the parties.

8. Termination

8.1. The Service Provider may, without prejudice to any damages and interest or any legal action, consider the Subscription terminated automatically and deactivate it without notice, in the event of:

• (i) non-payment by the subscriber of the amounts due, after reminders from the Service Provider have remained unsuccessful,
• (ii) use of the Equipment contrary to the technical and usage specifications,
• (iii) creation and/or distribution of content contrary to good morals and public order.

8.2. Except in the event of early termination for legitimate reasons, the Subscriber will remain liable to the Service Provider for all amounts due until the expiry date of his Subscription.

8.3. The Provider may, at any time, for duly justified reasons or in the event of force majeure, and subject to two months’ notice, cease operation of the Site and distribution of the Services. In such a case, the Provider undertakes to reimburse the Client for the portion of the price of the Services paid and not used.

9. Personal data

9.1. As part of his Subscription, the subscriber is required to provide the Service Provider with personal data concerning him. The processing of this data is necessary for the execution of the Subscription contract and is carried out in accordance with the regulations applicable to the protection of personal data and in particular, the Data Protection Act of 6 January 1978 as amended and the European regulation on the protection of personal data of 27 April 2016 (hereinafter the “Regulations applicable to the protection of personal data”). The subscriber releases the Service Provider from any liability relating to internal private disputes related to the use of the Subscription by any other members of the household, whether minors or adults.

9.2. The subscriber’s personal data is intended for the Service Provider, its subcontractors providing the services covered by the Subscription and, where applicable, its partners in accordance with the regulations applicable to the protection of personal data. Personal data is also accessible, upon judicial or administrative request and in order to comply with any law or regulation in force, to public bodies, legal auxiliaries, ministerial officers, to whom the Service Provider would be required to respond.

9.3. Personal data is processed for the administrative, technical and commercial management of the Subscription Contract as well as for audience measurement purposes, quality monitoring, payment of rights holders, commercial prospecting or for the purposes of detecting unpaid debts or fraud against the rights of the Service Provider, managing exclusions associated with such fraud and for managing disputes. The optional information is intended to better understand the subscriber and thus improve the services offered to them.

9.4. In the event of fraud detected on a means of payment, the Service Provider reserves the right to register the disputed means of payment and its holder (subscriber or Third Party Payer) on an exclusion list for a period of two (2) years from the date of registration on this list. As long as the means of payment is registered on this list, it cannot be used for the payment of the Subscription. Except in the event that the Service Provider is unable to identify that the subscriber is the holder of the disputed means of payment, the subscriber will be informed of this registration and will be able to present his observations.

9.5. The Service Provider may send the subscriber, in compliance with the regulations applicable to the protection of personal data, by any means (postal mail, email, telephone), information allowing him to better understand the services of the Service Provider as well as commercial proposals. The subscriber authorizes the Service Provider to collect the usage data of his Subscription for the purposes of quality monitoring or optimization of his experience and in order to define user typologies to recommend programs or products and services adapted to his needs and/or uses.

9.6. The subscriber’s personal data is electronically archived by the Service Provider for the entire duration of the subscription to the Subscription and for the legal retention and limitation periods.

9.7. The Service Provider implements appropriate technical and organizational measures to guarantee the security of the subscriber’s personal data. These measures include the implementation of policies, procedures and technical solutions to prevent and deal with identified vulnerabilities and security incidents. In accordance with the applicable regulations depending on the nature of the incident, the Service Provider may notify subscribers whose personal data has been impacted by a security incident.

9.8. Any transfer of personal data to technical service providers outside the European Union is carried out in strict compliance with the protection conditions provided for by the regulations applicable to the protection of personal data. In the absence of a decision by the European Commission recognizing the country receiving the data as having an adequate level of protection, the Service Provider takes appropriate measures with respect to its partners and subcontractors involved (including the signing of the Standard Contractual Clauses of the European Commission).

9.9. The Service Provider communicates, in compliance with the regulations applicable to the protection of personal data, the subscriber’s contact details to commercial partners, who may send them commercial offers. The subscriber may not be contacted by email or text message without their consent. The subscriber is also informed that access, on applications or websites published by third parties, to certain content, programs or services included in their Subscription is done in accordance with the general conditions of use of said sites or applications.

9.10. The subscriber who does not wish to be the subject of commercial prospecting by telephone may register free of charge on a list of opposition to telephone canvassing (Bloctel), it being specified that registration on said list is not enforceable against the professional in the event of pre-existing contractual relations.

9.11. The subscriber may exercise his rights (access, rectification, erasure, opposition, limitation of processing and portability) on the data concerning him at any time by writing to the Service Provider at the address of its head office, providing proof of identity. The subscriber is responsible for exercising the aforementioned rights and is deemed to have exercised them on his behalf and on behalf of all potential members of the household, whether minors or adults.

9.12. The subscriber may also define guidelines relating to the retention, erasure and communication to third parties of personal data concerning him after his death.

9.13. The subscriber may file a complaint with the National Commission for Information Technology and Civil Liberties (CNIL).

10. Intellectual Property

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

10.2. 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 the Provider or their respective owners. By using the Website, the User is granted a limited, non-exclusive and non-transferable right to use the content and elements of the Website in the context of normal use of the site. The User may not, without the express written permission of the Service Provider, copy, reproduce, transmit, distribute or create derivative works from this content or information.

11. Miscellaneous provisions

11.1. Force majeure

11.1.1. The Parties may not be held liable for the non-performance of their obligations under the CGAP, if this non-performance is due to a case of force majeure as defined in Article 1218 of the Civil Code.

11.2. Applicable law

11.2.1. These General Subscription and Payment Conditions are subject to the laws of the French Republic.

11.3. Jurisdiction

11.3.1. In the event of a difficulty arising in the context of the conclusion, interpretation of the execution, and termination of the contractual relationship between the Service Provider and the Client, and within the framework of which these CGAP are applicable, the parties will make their best efforts to settle their dispute amicably.

11.3.2. In the absence of an amicable agreement between them and after a period of fifteen (15) days from the disclosure of the dispute by registered letter with acknowledgement of receipt, the Parties will submit their dispute to the Paris Commercial Court, to which exclusive jurisdiction is granted.

11.4. Election of domicile

11.4.1. For the execution of these CGAP and its consequences, the Parties elect domicile at their respective residences and registered offices