Heinrich Vollmer, District Court Ludwigshafen HRA 60538 Value added tax identification number according to § 27 a Value added tax law: DE263292548
Personally liable partner:
Vollmer Verwaltungs GmbH
Gönnheimerstr. 52, 67158 Ellerstadt, , District Court Ludwigshafen HRB 11416
Responsible for content according to § 10 paragraph 3 MDStV:
Heinrich Vollmer (address as above)
Competent supervisory authority:
Ministry for the Environment, Agriculture, Food, Viticulture and Forestry Kaiser-Friedrich-Straße 1, D-55116 Mainz
We belong to the Landwirtschaftskammer Rheinland-Pfalz, Burgenlandstr. 7, D-55543 Bad Kreuznach.
Wine law (WeinG)
Disclaimer: Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
This imprint also applies to the Facebook page facebook.com/vollmerweine Disclaimer.
1. Content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue publication temporarily or permanently.
2. References and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages.
The author hereby expressly declares that at the time the links were created, no illegal content was recognisable on the linked pages. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. The author therefore expressly distances himself from all contents of all linked pages that have been changed since the link was created. This statement applies to all links and references set within the author's own Internet offer as well as to third-party entries in guest books, discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete contents and in particular for damages arising from the use or non-use of such information, the provider of the page to which reference is made is solely liable, not the party who merely refers to the respective publication via links.
3. Copyright and trademark law
The author endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to make use of licence-free graphics, sound documents, video sequences and texts.
All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere fact that a trademark is mentioned should not lead to the conclusion that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. Data protection
If the opportunity for the input of personal or business data (email address, name, address) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against senders of so-called spam mails who violate this prohibition.
5. Legal validity of this exclusion of liability
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
6. No warning without previous contact
Should the content or the presentation of these pages violate third party rights or legal provisions, we ask for a corresponding message without cost note. We guarantee that the rightfully objected passages will be removed immediately, without the need on your part to involve a lawyer. However, we will fully reject any costs incurred by you without prior contact and, if necessary, file a counterclaim for violation of the aforementioned provisions.
1. Scope of application
The following terms and conditions apply to the use of our website and thus to the contractual relationship between you and us. Our offer is aimed exclusively at customers who have reached the age of 18 and who have a billing and delivery address in Germany. Your contractual partner is:
Weingut Heinrich Vollmer GmbH & Co. KG
Gönnheimer Str. 52
D - 67158 Ellerstadt
2. Conclusion of contracts
The contract between you and us shall only come into existence through a declaration of acceptance by us, either by sending the goods or through confirmation of dispatch by e-mail. The confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense. The commercial resale of our goods requires consent.
3. Protection of minors
The sale of alcohol to young people under the age of 18 is prohibited. Our offer of alcoholic beverages is exclusively for adults. If you are under the age of 18, you may not order these beverages from us. For this reason we need your date of birth when ordering. By ordering you agree with this regulation and assure to have already exceeded the minimum age of 18 years.
In the case of an initial order, the age details will be checked. We therefore send our alcoholic beverages for the first time with delivery confirmation "Signature of an adult required", or the verification of the age information given takes place on delivery by us.
4. Data protection
We use the data collected during the ordering process to process the order, for internal analysis and to provide information on offers and events (e.g. events).
Your date of birth is required to ensure the protection of minors. Your data will be treated as strictly confidential and will not be passed on to third parties. The transmission of your data on the occasion of your order or a contact takes place unencrypted in unsecured access.
You can revoke your consent to the storage of this data at any time and terminate the customer relationship with us.
Some of the Internet pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer by your browser.
Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your terminal until you delete them. These cookies enable us to recognize your browser during your next visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, accept cookies for certain cases or generally exclude them and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
(Source provision 5: http://www.e-recht24.de)
1. Scope of application
The following General Terms and Conditions apply to the business transactions of Weingut Heinrich Vollmer GmbH & Co. KG (hereinafter: "Weingut Vollmer") with its customers, unless otherwise agreed. The contractual partner is the customer:
Weingut Heinrich Vollmer GmbH & Co. KG
Gönnheimer Str. 52
D - 67158 Ellerstadt
Weingut Vollmer's offer is aimed at both entrepreneurs and private consumers who have reached the age of 18. The sale of alcohol to young people under the age of 18 is prohibited. If you are under the age of 18, you may not order these beverages from us.
For companies, the following terms and conditions also apply to all current and future business with Weingut Vollmer. Conflicting or supplementary terms and conditions of contractual partners do not become part of the contract, even if Weingut Vollmer does not expressly contradict them.
2. Offer and conclusion of contract
2.1 All verbal and written offers by Weingut Vollmer are non-binding and subject to confirmation. A contract is not concluded until Weingut Vollmer has accepted an order from the customer.
2.2 The prices of the respectively valid price list shall apply. If no other currency is agreed, the payment obligations from the contract with Weingut Vollmer are to be paid in EURO.
2.3 The prices apply to the provision of the ordered goods at the winery (for consumers including VAT). Packaging, deliveries and additional services shall be invoiced separately.
2.4 Orders can be placed by the customer by post, fax or telephone and via the Internet.
2.5 To accept an oral or written order, Weingut Vollmer will send the customer an order confirmation or invoice.
2.6 The contract is based exclusively on the content of the order confirmation, unless the customer immediately objects to the order confirmation.
3. Success in performance, passing of risk, default of acceptance
3.1 An order shall be deemed to have been fulfilled if the goods have been sorted out and made available for collection by the customer at the Vollmer Winery.
3.2 If the collection of the provided goods from the Vollmer winery has been agreed at the time of the order, the risk of accidental loss or deterioration of the goods shall pass to the customer or a person appointed by the customer when the goods are handed over. If the handover is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day of notification of the provision of the goods.
3.3 If the customer is an entrepreneur and demands the shipment of the goods, the risk of accidental loss or deterioration of the goods shall pass to the customer upon transfer to a transport company. If the shipment is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day of notification that the goods are ready for shipment.
3.4 If the customer is in default of acceptance or violates other obligations to cooperate, Weingut Vollmer is entitled to store the goods without prejudice to the other rights. Storage shall be at the customer's expense. The risk of deterioration or loss of the goods for the time of storage shall be borne by the customer.
4. Due date of the purchase price, set-off, right of retention
4.1 The purchase price is due upon delivery of the goods to the customer irrespective of receipt of an invoice.
4.2 The customer shall only be entitled to set-off if his counterclaim is undisputed or has been legally established.
4.3 The customer shall only be entitled to assert a right of retention to the extent that his counterclaim is based on the same contractual relationship. If the customer is an entrepreneur, the right of retention must be undisputed or legally established.
5. Performance disturbances, lack of efficiency of the customer
5.1 If the customer does not pay when the purchase price is due, he shall be in default of payment without a reminder. Weingut Vollmer is entitled to charge default interest at the statutory rate. The assertion of further damage caused by default remains unaffected.
5.2 If the customer seriously and finally refuses the payment of the purchase price, Weingut Vollmer is entitled to refuse the fulfilment of the contract and to demand the return of goods already delivered without setting a grace period. The customer is obliged to reimburse the costs incurred and to compensate Vollmer for any reduction in the value of the goods.
5.3 If Weingut Vollmer becomes aware of the risk of the customer's inability to perform after the conclusion of the contract, Weingut Vollmer shall be entitled to render outstanding deliveries or services only against advance payment or provision of security. If advance payments or securities are not provided after expiry of a reasonable period set by Weingut Vollmer, Weingut Vollmer may withdraw from the contract in whole or in part without prejudice to further rights.
6. Unforeseen obstacles to performance
6.1 Unforeseeable, unavoidable events which are beyond the control of Weingut Vollmer and for which Weingut Vollmer is not responsible, such as force majeure, war, official measures, plant closures, strikes, natural disasters and extreme weather conditions (e.g. frost or danger of frost, heat, hail) or similar circumstances (disruptions) release Weingut Vollmer from the obligation to deliver on time for their duration.
6.2 Weingut Vollmer will inform the customer immediately and appropriately of the occurrence of the disruption. Agreed periods shall be extended by the duration of the disturbance.
6.3 Weingut Vollmer can execute an order in partial deliveries if the delivery of a variety or vintage of the ordered wine is delayed due to a disruption up to two months after order confirmation. If the end of the disruption is not foreseeable or if it lasts longer than two months after order confirmation, each party is entitled to withdraw from the contract and to return services already rendered.
7. Retention of title
7.1 Weingut Vollmer retains title to the delivered goods until the purchase price including all incidental costs has been paid in full. If the customer is an entrepreneur, Weingut Vollmer reserves title to the delivered goods until all liabilities arising from the business relationship have been paid in full.
7.2 The customer is not entitled to pledge the reserved goods, to assign them as security or to make other dispositions endangering the property of Weingut Vollmer. Access or claims of third parties, in particular of creditors of the customer, to the reserved goods must be reported by the customer immediately. The customer is obliged to compensate Weingut Vollmer for the damage resulting from the defence against access to or claims by third parties to the reserved goods in the event that notification is not immediate.
7.3 If the customer is an entrepreneur, he is only permitted to resell the reserved goods to a third party within the scope of his normal business transactions. The customer hereby assigns to Weingut Vollmer all claims arising from the resale of the reserved goods. Weingut Vollmer hereby accepts this assignment. The customer is revocably authorised to collect the respective claim assigned to Weingut Vollmer for Weingut Vollmer in his own name. Weingut Vollmer may revoke this authorisation and the right to resell the goods at any time if the customer is in default of payment, if an insolvency petition has been filed or if enforcement measures are taken by third parties. At the request of Weingut Vollmer, the customer shall at all times name the debtors of the assigned claims, notify them of the assignment and hand over the notifications of assignment to Weingut Vollmer as well as provide all information on the whereabouts of the reserved goods. The customer is obliged to inform third parties of the reservation of title existing in favour of Weingut Vollmer. As long as the customer meets his payment obligations, Weingut Vollmer will not disclose the assignment. If the realisable value of the securities existing in favour of Weingut Vollmer exceeds the claims by more than 10% in total, the customer shall be entitled to demand the release of securities from Weingut Vollmer at the discretion of Weingut Vollmer.
7.4 The customer is obliged to handle the reserved goods carefully for the duration of the retention of title. If the customer is an entrepreneur, he must, at the request of Weingut Vollmer, insure the reserved goods to an appropriate extent against the usual risks at his own expense, provide Weingut Vollmer with the corresponding insurance proof and assign the claims from the insurance contract to Weingut Vollmer.
7.5 Weingut Vollmer is entitled to withdraw from the contract after setting a reasonable deadline and to demand the return of the reserved goods already delivered if the customer acts in breach of contract, in particular if the customer is in default of payment. In this case, the customer shall grant access to the reserved goods to Weingut Vollmer or the agents of Weingut Vollmer and surrender them.
7.6 The customer in whose possession the reserved goods are located is Weingut Vollmer responsible for the damage caused by the fact that the reserved goods are deteriorated as a result of the customer's fault, are lost or cannot be handed over by customers to Weingut Vollmer for any other reason.
7.7 In the case of deliveries to other legal systems in which the aforementioned retention of title provisions in 7.1 to 7.6 do not have the same security effect as in German law, the customer shall immediately create corresponding and equivalent security rights in favour of Weingut Vollmer. The customer will participate in the necessary measures, in particular for registration or publication, which are necessary for the effectiveness and enforceability of such security rights.
8. Defects, notification of defects and warranty
8.1 Crystallization of tartar is natural and not a deficiency of the wine.
8.2 Information in catalogues, price lists and other information material provided to the customer by Weingut Vollmer as well as information describing the product are no guarantee for the special quality of a wine, a wine variety or a vintage.
8.3 The notification of defects by an entrepreneur requires that he inspects the wine with regard to quantity, type, variety and vintage upon delivery to him and immediately notifies the Vollmer Winery of any obvious defects. Hidden defects must be reported to Weingut Vollmer in writing immediately after their discovery.
8.4 In the event of material defects in the goods, the customer is only entitled to demand replacement delivery as a warranty right within the scope of subsequent performance. Furthermore, Weingut Vollmer is entitled to determine the type of subsequent performance at its discretion in the case of defects subject to warranty.
8.5 In the event of a defect, the customer is obliged to return the goods to Weingut Vollmer unless collection by Weingut Vollmer from the customer has been agreed. The return shall be addressed to the address of the contractual partner in accordance with 1. of these General Terms and Conditions.
8.6 If a notice of defect by the customer proves to be intentionally or negligently unjustified, he is obliged to compensate Weingut Vollmer for all resulting damages.
8.7 Weingut Vollmer does not assume any warranty for damages which occur after handover of the goods to the customer due to unsuitable, improper or faulty storage, storage, transport or handling of the goods by the customer, insofar as the damages are not attributable to Weingut Vollmer at the time of handover.
8.8 If the customer is an entrepreneur and the goods are sold by the customer or by direct or indirect contractual partners of the customer to a consumer in accordance with their intended purpose, the provisions of § 478 BGB (German Civil Code) shall apply to any recourse claims, subject to the above provisions in 8.1 to 8.6.
8.9 The limitation period for warranty claims for customers who are entrepreneurs is twelve months from the date of transfer of risk. If the goods are sold by the customer or by direct or indirect contractual partners of the customer to a consumer in accordance with their intended purpose, the provisions of § 479 BGB (German Civil Code) remain unaffected for any recourse claims over a longer limitation period.
8.10 If the customer is a consumer, the warranty rights and their statute of limitations shall be governed by the regulations for the sale of consumer goods pursuant to §§ 474 - 476 BGB (German Civil Code).
9. Damages and limitation of liability
9.1 Weingut Vollmer is liable for the slightly negligent violation of essential contractual obligations limited to the foreseeable damage typical for the contract. Weingut Vollmer shall not be liable for the slightly negligent breach of insignificant contractual obligations.
9.2 Liability for injury to life, limb and health as well as for gross negligence on the part of Weingut Vollmer and its employees shall remain unaffected by the above provision.
10. Product liability
10.1 The customer undertakes not to change the delivered goods, their equipment or packaging.
10.2 If the customer violates the above provision, he shall indemnify Weingut Vollmer in the internal relationship against product liability claims of third parties to the extent that he is responsible for the defects triggering liability.
11. Place of jurisdiction and applicable law
11.1 If the customer is a merchant, a legal entity under public law, a special fund under public law or an entrepreneur with its registered office outside the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes between Weingut Vollmer and this customer shall be Bad Dürkheim. In the aforementioned cases, Weingut Vollmer may also sue the customer at any other legally provided place of jurisdiction.
11.2 The contractual relationship between Weingut Vollmer and the customer (entrepreneur or consumer) is subject to German law.
12. Final provisions
12.1 If a provision of the contract or of these General Terms and Conditions is invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
12.2 The validity of the contract and these General Terms and Conditions shall not be affected if individual General Terms and Conditions do not become part of the contract.
12.3 Amendments and supplements to these General Terms and Conditions must be made in writing. This shall also apply to any amendment to this written form requirement. An individual agreement remains unaffected.
12.4 Amendments and supplements to these General Terms and Conditions shall be notified to the contractual partner in writing. They shall be deemed approved if the contractual partner does not object in writing within six weeks of notification of the change.
Status: Juni 2014
Unless individually agreed otherwise, the following terms of delivery and payment shall apply:
1. Terms of delivery
1.1 Delivery dates and delivery periods are only binding if they have been confirmed in writing by Weingut Vollmer and the customer has provided all information and documents required for the execution of the delivery in good time and has made all agreed down payments prior to delivery.
1.2 At the request of the customer, the goods shall be dispatched to the address (delivery address) stated by the customer in the order. The delivery costs shall be borne by the customer. Insurance will only be taken out at the customer's request and expense.
1.3 Insofar as the customer has not made any provision in the order, the goods shall be dispatched by a means of shipment appropriate to the quantity and quality of the goods and in the customary and necessary packaging. The dispatch route and packaging shall be determined by Weingut Vollmer unless the customer makes a special provision in the order.
1.4 Externally recognisable transport damage (e.g. glass breakage, shortfalls) must be certified on the delivery note by the transport company (parcel service, forwarding agent, carrier) immediately upon acceptance by the customer.
1.5 Within the Federal Republic of Germany, Weingut Vollmer will ship the goods by parcel service or forwarding agent depending on the order. In the event of shipment, the following costs will be charged:
1 bottle: 4,70 Euro
2 - 3 bottles: 5,90 Euro
4 - 6 bottles: 6,95 Euro
7 - 15 bottles: 8,25 Euro
16 - 23 bottles: 14,95 Euro
from 24 bottles: free domicile
German island deliveries after consultation
1.6 Shipment outside the Federal Republic of Germany is subject to special provisions which are agreed upon when the order is placed. If no agreement about the shipping method outside the Federal Republic of Germany is made with the order, the shipping is carried out by parcel service or forwarding agent of choice by Weingut Vollmer. The costs per bottle are calculated separately according to the number of goods ordered and the amount of shipping costs incurred.
1.7 Small bottles are shipped at special conditions, which are specified with the order.
1.8 When ordering for the first time, Weingut Vollmer requires the customer's date of birth due to the age limit of 18 years for the sale of alcohol, unless the customer is a company or legal entity. The verification of the age information given is carried out upon collection or delivery by presenting the corresponding proof of age and upon shipment by signing the delivery confirmation „Signature of an adult required".
2. Terms of payment
2.1 Payments can be made by the customer in cash, by bank transfer or by direct debit. The respective type of payment shall be agreed in the context of the order. Weingut Vollmer reserves the right to prepay new customers. Bills of exchange and cheques will only be accepted after prior written agreement, free of charge and on account of performance.
2.2 Payments by the customer shall only be deemed to have been made when Weingut Vollmer can dispose of the amount.
Status: März 2015
In accordance with the requirements of current jurisdiction regarding the cancellation policy for distance contracts, you will be informed about the following content of your right of cancellation and the consequences of cancellation:
Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods.
In order to exercise your right of revocation, you must notify Heinrich Vollmer GmbH & Co. KG, Gönnheimer Str. 52, 67158 Ellerstadt, Tel.Nr. 06237-40030, Fax-Nr. 06237-8366, Mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall immediately and no later than fourteen days after we have received notice of your revocation of this Agreement, refund to you all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you for this return. We may refuse to refund until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest:
Weingut Heinrich Vollmer GmbH & Co. KG
Gönnheimer Str. 52
to send it back or hand it over. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
End of the revocation instruction