Terms of use 


AlwaysOn - Digital Platform

Welcome to Henkell Freixenet's AlwaysOn - Digital Platform. Please note the following terms of use, which apply to all use of our AlwaysOn Platform. 
By registering / logging in to the AlwaysOn Platform, you accept these terms of use. We reserve the right to amend or supplement these Terms of Use at any time without prior notice with effect for the future.


1. scope of application

1.1 These Terms of Use apply to the use of the AlwaysOn Platform of any kind at https://always-on.henkell-freixenet.com/. 

1.2 The AlwaysOn Platform is operated by Henkell & Co. Sektkellerei KG, Biebricher Allee 142, D-65187 Wiesbaden, Germany, telephone: +49 (0) 611 63 273, e-mail: always.on@henkell-freixenet.com (hereinafter referred to as "Henkell Freixenet"). 

1.3 The AlwaysOn Platform is aimed exclusively at entrepreneurs, i.e. natural persons, legal entities or partnerships with legal capacity who, when using it, are acting in the exercise of their commercial or independent professional activity and have a business relationship with Henkell Freixenet or a company associated with Henkell Freixenet.


2 Availability

2.1 We endeavour to keep our AlwaysOn Platform available 24 hours a day. However, the AlwaysOn Platform may be temporarily unavailable due to maintenance or technical faults. 

2.2 Claims against us due to unavailability for which we are not responsible due to gross negligence or intent (with the exception of maintenance and shutdowns required for operation) are therefore excluded. This does not apply to damages due to injury to life, body and health of persons. In these cases we are also liable for damages caused by slight negligence.


3. contents

3.1 The contents and information offered on our AlwaysOn platform are non-binding and without guarantee. Even with the greatest care, errors cannot always be avoided. As a user, you must therefore check information independently. 

3.2 If you as a user are able to contribute content and articles yourself, it is prohibited to distribute or publish insulting, defamatory, untrue or offensive content or content that infringes the intellectual property rights or other rights of third parties. 

3.3 The content of the AlwaysOn Platform may only be used for the aforementioned intended retrieval and any rights of use granted thereto may not be transferred to third parties. A right to retrieve content does not constitute a licence. You may only use the content to identify, promote and advertise products of the Henkell Freixenet Group within the framework of an existing business relationship. 

3.4 We reserve the rights to all content on the AlwaysOn Platform. Henkell Freixenet or a company of the Henkell Freixenet Group is the sole owner of all content (text, images, graphics, files, graphic designs, trademarks, designs, product features, logos, images and all patents, formulas, service marks, trade names) on the AlwaysOn Platform, whether registered or not, and including applications for registration, as well as all rights or forms of protection of a similar nature or with equivalent or similar effect. They may therefore not be used, in any way whatsoever, for purposes other than those expressly authorised without our consent. This legal protection shall also apply to databases and similar facilities. 

3.5 No representation or warranty, express or implied, is made that the Trademarks or any other Rights-Encumbered Content have been registered by us in your relevant jurisdiction or can be used without encumbrance or infringement of any third party rights. The AlwaysOn Platform may contain elements protected by copyright and other laws which are subject to the copyright or trademark rights of third parties and which are protected accordingly for such third parties. As a user, you are prohibited from registering or causing to be registered any trademarks, trade names or other content

3.6 Any content of the AlwaysOn Platform may not be reproduced, distributed, reused, transmitted, stored, modified, disseminated, used or otherwise made available to third parties in any form outside the legal limits and except as expressly permitted without the prior written consent of Henkell Freixenet. 



4 User Account

4.1 Access to our AlwaysOn Platform requires an approved user account and appropriate usage rights. The creation of a user account is permitted to users of legal age who have filled in the registration form completely and truthfully. The user must notify us of any changes to his or her data immediately and without being asked to do so. 

4.2 If you use the AlwaysOn Platform, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your computer and mobile devices. You must carefully protect your access data from access by third parties and under no circumstances hand them over to third parties. If you suspect that third parties have had or may have access to your access data, you must inform us immediately. 

4.3 You may not use the Use or your Access Data in a manner that could jeopardise, interrupt, damage, misuse or abuse the AlwaysOn Platform or individual Services. You must not use the Services for fraudulent purposes or in connection with any criminal, unlawful act. 

4.4 In the event of a breach or sufficiently concrete suspicion of a breach of these Terms of Use, we reserve the right to withdraw your rights of use in whole or in part. 

4.5 You can delete your user account at any time by informing us of your wish to delete in writing or in text form. 


5 Liability

5.1 The content of the AlwaysOn Platform has been carefully compiled and is subject to constant expansion and updating. Nevertheless, no guarantee is given for the accuracy, completeness and up-to-dateness. We provide the information without any guarantee or other explicit or implicit assumption of liability for content.

5.2 In all other respects, we shall be liable without limitation for damage caused by us intentionally or through gross negligence.

5.3 We are also liable for damages caused by slight negligence due to injury to life, body and health of persons. 

5.4 The AlwaysOn Platform may contain links (references) to websites operated by third parties. We accept no responsibility for the content of these other websites.


6 Data protection

Information on the processing of your personal data in connection with the use of the AlwaysOn Platform can be found in our data protection declaration for the https://always-on.henkell-freixenet.com/Footer/Privacy.


7. final provisions

7.1 If one or more provisions of these terms and conditions or a provision within the scope of other agreements is or becomes invalid, this shall not affect the validity of all other provisions or agreements.

7.2 All orders between you and us shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods ("CISG" or "UN Sales Convention"). Mandatory provisions of the country in which you have your habitual residence shall remain unaffected by the choice of law.

7.3 Our registered office is the place of jurisdiction for all disputes arising from or in connection with the use of the AlwaysOn Platform.