Vendor and contract partner
Dipl.-Ing. für Weinbau Hans Joachim Gebert
Phone: +49 6703 1281
Fax: +49 6703 961336
Registering court: Amtsgericht Mainz
VAT ID: DE 06/237/81237
Terms & Conditions, effective July 2019
1.1 These conditions of Weingut Gebert (hereinafter referred to as the “Vendor”), apply to all sales, deliveries and services of the Vendor purchased by the Customer from the Vendor at this website. Any inclusion of the Customer’s conditions are rejected, unless the parties have expressly agreed otherwise.
1.2 “Customers” can be both consumers and businesses, whereby a consumer is any natural person who enters into a legal transaction for purposes that are mainly attributable to non-commercial or independent non-professional or non-business activity. By contrast, a business person is any natural or legal person, or legal partnership that acts out an independent professional or commercial activity when concluding a legal transaction.
1.3 All offers are exclusively addressed to customers who are authorised to acquire goods containing alcohol in the respective country of delivery, under its respective, applicable laws for the protection of young people.
1.4 Contracts are either in German or English.
2. Conclusion of an agreement
2.1 The products offered by the Vendor merely represent an invitation to the Customer to submit an offer to purchase. By completing the ordering process, the Customer enters into a binding proposal to purchase from and with the Vendor. The Vendor’s acceptance of this purchase proposal initially takes place following a separate declaration of acceptance within 3 workingdays of receiving the purchase proposal.
2.2 The ordering process begins when the Customer places a product in the cart. This is carried out by pressing the “Add to Cart” button on the product detail page.
In the cart, the Customer is then given the opportunity to change the order quantity by entering the desired number and pressing the „Update“ button, or to remove a product from the cart by pressing the “X” button.
Once the Customer has filled his personal cart with the products he wants to purchase, he can use the “Check out” button to continue with the order process on the next page.
If the Customer is already registered with the Vendor‘s online shop, he can continue his order by entering his registered e-mail address and associated password via the link “Click here to login”. If the Customer is not registered, he has to submit his own personal data. The Customer can now choose to either create an account with the Vendor by selecting the “Create an account” checkbox, or continue with his order as a guest without opening a Customer account before selecting a payment method offered by the Vendor.
By pressing the “Buy now” button, the Customer confirms the aforementioned details and is able to view his order in summary form.
2.3 The purchase is executed and email contact takes place using automated purchase processing software. The Customer therefore has to ensure that the email address designated for the purchase process is correct so that correspondence can take place using this address. If the Customer uses spam filters, he must ensure that all emails sent by the Vendor or its purchase process service providers are received.
The prices indicated by the Vendor include all price components, including the statutory German VAT. VAT is shown separately. The packaging and shipping costs are displayed and stated separately foreach product offered or over the link “Shipping Methods“. Other price components, such as additional taxes, duties or other charges, may be incurred for cross-border deliveries.
4. Terms of payment
Payments can be made in the following form:
Payment by bank transfer (in advance)
After making the purchase, the Customer is notified of the Vendor‘s bank account for payment purposes. The goods are shipped once the payment amount is credited to the stated Vendor‘s account;
Payment by PayPal
Once the Customer has ordered by pressing the „Buy“ button, he is redirected to the PayPal page where he approves his payment to the Vendor. The Customer‘s PayPal account is first debited once the contract is concluded. The goods are shipped once PayPal confirms payment;
Payment by invoice
Payments may made by invoice depend on the Customer‘s credit history. The Customer receives a commercial invoice from the Vendor along with the goods.
Payment by cash
Cash payments are accepted when the Customer picks the goods up from the Vendor‘s business premises.
The delivery periods stated for the products start on the day following the day the contract is concluded or, for PayPal payments and bank transfers, the date when the Customer issues his payment instructions to his payment service provider. Delivery takes place within the specified delivery time. If the final date of delivery falls on a Saturday, Sunday or, at the place of delivery, an officially recognised bank holiday, the next working day replaces this day.
Delivery agents may ask for an identification document to ensure the identity or age of the receiver.
6. Retention of title
6.1 The goods delivered remain the property of the Vendor until all claims under the contract are fulfilled.
6.2 If the Customer is a business, legal entity under public law or special fund under public law, retention of title also applies beyond the current business relationship until settlement of all claims due to the Vendor in connection with the contract.
7. Liability for defects
The statutory provisions apply.
Crystalline sediments in the wine (“Weinstein”) are a sign of the natural maturation of wine and are no reason for a claim but rather a sign of quality. The taste of the wine will not be affected.
If there is transport damage, we ask the recipient of the goods to immediately open a case with the delivery service company so that a notification of claim can be instituted.
8. Right of withdrawel
Consumers have a right of withdrawal. A consumer is in accordance with § 13 BGB means any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor its independent vocational activity.
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or of the last good, or of the last lot or piece.
The right of revocation does not apply to products that have been sealed for health protection or hygiene if the seal has been removed after delivery.
Please read our revocation information for more information on how to terminate a contract.
9. Limitation of legal liability
In the case of slightly negligent breaches of duty, we shall only be liable for damages arising from the infringement of rights which are to be granted to the customer in accordance with the content and purpose of the contract and of obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely (essential contractual duties). In cases of gross negligence, however, our liability and that of our vicarious agents and agents as well as our legal representatives shall be limited to the average damage foreseeable and typical for this type of contract.
The above limitations of liability shall not apply in the case of claims by the purchaser under the Product Liability Act and claims due to injury to life, limb or health of the purchaser. Liability for guarantee declarations shall also remain unaffected.
In accordance with the provisions of the Packaging Ordinance, we are obliged to take back packaging of our products which does not bear the sign of a system of comprehensive disposal (such as the “Green Dot” of Duales System Deutschland AG or the “RESY” symbol) and to ensure that it is reused or disposed of.
Please do not hesitate to contact us if you have any questions regarding the return of such products. We will then name a municipal collection point or a waste disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us at the above address. The packaging will be reused by us or disposed of in accordance with the provisions of the Packaging Ordinance.
11. Extrajudicial dispute regulation
With regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 it was decided to create an online platform to enable an independent, impartial, transparent, effective, fast and fair extrajudicial online dispute regulation between consumers and traders regarding online purchase contracts or online service contracts. Through the following URL consumers can obtain more information and get access to the platform: https://ec.europa.eu/consumers/odr/
Weingut Gebert is neither willing nor obliged to take part in a dispute resolution procedure at a dispute resolution body for consumers. There is no obligation to take part in such a procedure on the basis of any mandatory legislation.
As a matter of cause, we always make the greatest effort to settle any kind of dispute with any of our customers in an amicable manner. In case there is a conflict you would like to settle, please get in touch with us directly under the following e-mail address: firstname.lastname@example.org
12. Concluding clauses
12.1 The law of the Federal Republic of Germany applies to this contract.
12.2 The applicable law referred to under Item 1 applies to customers who do not conclude the contract as self-employed professionals or for commercial activities (consumer according to Sec. 1 It. 2 Li. 1), only insofar as the protection afforded by the mandatory provisions of the law of the country in which the consumer has his habitual place of residence is not withdrawn.
12.3 The rules of the CISG do not apply to this contract.
12.4 Should individual stipulations of the contract, in the general terms and conditions, be wholly or partially ineffective or incomplete, this does not affect the validity of the remaining part of the contract.