General Terms and Conditions
Version: July 2026 · Convenience translation - only the German version is binding.
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all services of the NUTRITUS brand (the "Provider"), operated by CONIUNCTA GmbH, Breslauer Strasse 350, 90471 Nuremberg, Germany, in particular the preparation of food labelling documents (ingredient list, allergen labelling, nutrition declaration, QUID, mandatory particulars check) under Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC).
(2) Deviating terms and conditions of the customer are not recognised unless the Provider expressly agrees to them in writing.
(3) The offering is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB).
§ 2 Services
(1) Based on the recipe and product details provided by the customer, the Provider prepares the labelling elements under Art. 9 of Regulation (EU) No 1169/2011: the ingredient list in descending order of weight with allergen emphasis in accordance with Annex II, the nutrition declaration in accordance with Annex XV including the EU rounding guidance, QUID indications where required, and a check of the remaining mandatory particulars.
(2) The nutrition declaration is established by calculation from known or actual average values of the ingredients used, in accordance with Art. 31(4) of Regulation (EU) No 1169/2011. Each declaration is reviewed and released by a qualified member of the NUTRITUS team.
(3) On request, the Provider additionally reviews finished labels or artwork against the mandatory particulars of Regulation (EU) No 1169/2011. The final label design and the placing of the product on the market remain the responsibility of the customer.
(4) Not included are, in particular: laboratory analyses (e.g. analytical determination of nutrition values), obtaining raw-material specifications from the customer's suppliers, the assessment of nutrition and health claims under Regulation (EC) No 1924/2006, and legal advice in individual cases. Such services may be agreed separately.
§ 3 Quote and Conclusion of Contract
(1) Inquiries via the inquiry form or by email are free of charge and non-binding for the customer.
(2) Based on the inquiry, the Provider submits a quote in text form (fixed price, net plus statutory VAT). Unless stated otherwise, the quote is valid for 30 days.
(3) The contract is concluded when the customer accepts the quote in text form (e.g. by email).
§ 4 Customer's Duties to Cooperate
(1) The customer provides the Provider with the complete quantitative recipe (all ingredients with quantities), available supplier datasheets and specifications, and accurate details on product type, production process (e.g. weight loss during baking or drying), packaging and net quantity.
(2) The customer warrants that the information provided is correct and complete. The labelling documents are prepared on the basis of this information; deviations of the actual recipe or production process from the information provided are not attributable to the Provider.
(3) If the customer fails to cooperate, agreed deadlines are extended accordingly. The Provider names missing documents specifically.
§ 5 Remuneration and Payment
(1) The fixed price stated in the quote applies. All prices are net plus statutory VAT.
(2) The remuneration is due upon delivery of the final labelling documents or the agreed deliverables. Invoices are payable within 14 days without deduction.
(3) Follow-up questions and revision loops until release of the labelling documents are included in the fixed price. If the customer requests a re-declaration of a changed recipe after release, a new quote is prepared.
§ 6 Confidentiality
(1) The Provider treats recipes, specifications and all other non-public information of the customer as strictly confidential. They are used exclusively to fulfil the order and are not disclosed to third parties unless disclosure is necessary for fulfilling the order or required by law.
(2) Access to customer data is technically restricted to the persons working on the order; access and processing are recorded in an audit log.
(3) The confidentiality obligation continues beyond the end of the engagement.
§ 7 Rights to the Work Results
(1) Upon full payment, the customer receives the exclusive right, unlimited in time and territory, to use the work results prepared for them (ingredient list, nutrition declaration, labelling documents, review reports) for labelling and regulatory purposes.
(2) The calculation models, databases and software components used by the Provider remain with the Provider.
§ 8 Customer's Responsibility
(1) The responsibility for food information under Art. 8 of Regulation (EU) No 1169/2011 - in particular the accuracy of the label under whose name or business name the food is marketed, the traceability obligations under Regulation (EC) No 178/2002 and the communication with food control authorities - remains with the customer as the food business operator.
(2) The Provider retains the prepared documents to support the customer; this does not replace the customer's own documentation obligations.
§ 9 Liability
(1) The Provider performs its services with the diligence of a professional firm in accordance with the applicable food information law and the relevant guidance documents (in particular the European Commission's guidance on Regulation (EU) No 1169/2011 and the EU guidance on tolerances and rounding of December 2012, as amended).
(2) The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body and health. In cases of simple negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.
(3) The Provider is not liable for damage resulting from incorrect or incomplete information provided by the customer (§ 4(2)).
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Nuremberg, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.