In these terms and conditions, the following definitions apply:
a. Unless otherwise agreed in writing, these terms and conditions apply to every sales agreement (hereinafter: "the agreement") between the seller and the buyer. This applies if the goods to be delivered under the agreement are delivered directly by the seller or by or through the mediation of third parties to the buyer.
b. The buyer is obliged to stipulate in favor of the seller by way of a chain clause in the event of resale or resale of the contract goods that the buyer has the same rights and obligations towards the seller as the buyer has towards the seller in articles 9, 12, and 13.
c. These terms and conditions apply to all agreements concluded between the seller and the buyer. The seller will provide the buyer with these terms and conditions before concluding the agreement.
d. These terms and conditions also apply if they have been applicable to a previous agreement between the seller and the buyer unless the seller has expressly waived their applicability.
e. The seller reserves the right to amend and/or supplement these terms and conditions. If it concerns a material change, the buyer will be informed in writing by the seller. Unless the buyer objects in writing within 2 weeks of the date of dispatch of the written notification, the buyer is deemed to have tacitly agreed to the change or addition.
f. The buyer is not permitted to transfer rights and obligations under these terms and conditions to third parties without the prior written consent of the seller.
g. These terms and conditions set aside any terms and conditions of the buyer, even if the buyer's terms and conditions reach the seller after the buyer has received those from the seller.
a. Quotations, offers, and price lists from the seller are without obligation.
b. In the case of a fixed quotation, it will be valid for such a period as stated by the seller; in the absence of a statement, it will expire after one month.
a. The agreement is concluded by the express acceptance by the buyer of a final offer from the seller.
b. The agreement is also concluded if the seller has not notified the buyer in writing by the eighth working day after the working day on which he became aware of an order that he does not accept the order.
c. The provisions of this article also apply to pre-sale.
d. If the agreement is concluded electronically and the buyer is not a consumer, the seller is not obliged to send an acknowledgment of receipt of the express acceptance to the buyer.
a. All intellectual property rights to the products sold by the seller or other materials made available to the buyer under these terms and conditions lie with the seller or its suppliers.
b. Copying, distributing, and any other use of these materials is not permitted without the written permission of the seller, except and only to the extent otherwise provided in mandatory legal regulations.
c. The buyer is not permitted to register the brand names, trade names, and/or other designations of the seller or its suppliers as a brand name, domain name, social media account, or otherwise as his own without the prior written permission of the seller.
a. The prices and discounts used by the seller are the prices and discounts stated in the price list in force on the day of the conclusion of the agreement or as otherwise agreed on that day.
b. The prices used by the seller are, unless otherwise agreed, "ex seller", including excise duties, taxes, import duties, other levies, and packaging and excluding VAT (but including VAT in the case of sales to consumers).
c. The seller has the right to increase the agreed contract prices based on increases or surcharges on the
d. The seller will notify the buyer of the price increase as soon as possible. The buyer has the right to cancel the order, provided this is done in writing within 8 days of notification of the price change.
e. If the buyer resells the delivered contract goods, he is obliged to use the recommended prices and any associated quality designations as provided by the seller in any form of publication and/or advertising.
a. Unless cash payment or delivery COD has been agreed, the invoice amount of the contract goods must be paid net cash at the seller's office or to the bank account indicated by the seller within 14 working days of the invoice date.
b. If the buyer does not fulfill his payment obligation(s), the seller, without prejudice to the provisions of article 18 and without prejudice to the right to compensation based on the law, is entitled to compensation for interest and administration costs.
c. The interest compensation is equal to the statutory commercial interest plus 4%. This compensation will be calculated on the amount remaining unpaid after the payment term referred to in a. and over the period by which the payment term referred to in a. is exceeded. The compensation for administration costs amounts to 2% of the gross invoice value.
If the buyer is a consumer, the statutory interest applies instead of the statutory commercial interest.
d. The amount owed by the buyer is immediately due and payable without notice of default if one or more of the following cases occur:
e. The seller may use payments from the buyer first to satisfy unpaid payment obligations of an earlier date towards the seller or any company affiliated with the seller.
f. Any counterclaims of the buyer against the seller or any company affiliated with the buyer, for whatever reason, may not be set off against claims of the seller.
g. In the event of undue payment of a part of the invoice amount, the buyer must pay the owed part of the invoice amount in compliance with the other provisions of this article.
h. The seller may invoice orders that are executed in parts per partial delivery.
i. If the buyer does not comply with any provisions of these terms and conditions, all claims of the seller against the buyer, for whatever reason, become immediately due and payable without the need for a notice of default.
a. Delivery is "ex seller", unless otherwise agreed.
b. If delivery "free buyer" has been agreed, the following provisions apply:
c. Delivery takes place during normal working hours of the seller.
d. Agreed delivery times are target times. After exceeding the agreed delivery time, the buyer is entitled to remind the seller, and the seller must deliver within a reasonable period after the day of the reminder.
e. The seller may deliver the contract goods in partial shipments.
f. The buyer is obliged to accept the delivered contract goods at the first offer. If the buyer does not comply with this, all resulting costs will be charged to the buyer.
a. The buyer must report complaints regarding the contract goods immediately after he could reasonably have discovered defects, but in any case within ten days after delivery, in writing to the seller. The buyer must provide an accurate statement of the nature and grounds of the complaint and the relevant invoice. If the buyer is a consumer, the statutory warranty from the Civil Code applies.
b. In deviation from a., in the case of free delivery, visible damage to or visible loss of the contract goods occurring during transport to the agreed delivery address must be recorded in writing by or on behalf of the buyer in the presence of the driver of the means of transport referred to in 7b on the transport document. The buyer must immediately send a copy thereof to the seller.
c. The buyer must allow the seller - insofar as can reasonably be expected of him, but in any case not less than twenty working days after the complaint - to establish (or have established) shortages, size differences, or damage based on the contract goods in their original state and original packaging. If the buyer has already processed or delivered the contract goods in whole or in part, any right to complaint and compensation lapses.
d. Complaints do not entitle the buyer to suspend his payment obligation(s).
e. If the seller finds a complaint justified, the seller will, at his discretion, either pay compensation up to a maximum of the invoice value of the relevant contract goods or replace the relevant contract goods free of charge. The seller is not obliged to pay further compensation or compensation for indirect damage (whether or not suffered by the buyer's customers). This liability of the seller does not apply to sales to consumers.
f. Each partial delivery is considered a separate delivery concerning complaints.
g. Return of delivered goods can only take place free of charge at the buyer's risk after the seller's written permission for return. If the seller credits the buyer in this regard, fifteen percent of the net invoice amount will be deducted. This return must take place within five working days after obtaining permission free of charge to the seller's address. The buyer must ensure careful packaging and shipping. For consumers, if the purchase was made electronically, the provisions of article 10 apply.
a. The statutory right of withdrawal applies to contract goods if they are ordered electronically by and delivered to consumers. The consumer has 7 working days, calculated from the date of delivery, to return the contract goods. Perishable goods are excluded from the right of withdrawal.
a. All contract goods remain the property of the seller after delivery until the buyer has fulfilled all his obligations towards the seller regarding the consideration for all deliveries (now or in the future) from the seller to the buyer or regarding other work performed by the seller for the buyer under any agreement between the buyer and the seller or the payment of compensation for non-compliance with the aforementioned agreements, including interest, costs, and penalties.
b. The buyer is obliged to store the goods delivered under retention of title with due care and as recognizable property of the seller.
c. As long as the buyer has not fulfilled all his obligations as described in paragraph a, he may not transfer ownership of the contract goods to third parties other than in the normal course of his business, nor pledge the contract goods to third parties as additional security.
d. The buyer must immediately notify the seller of claims or attempts by third parties to take possession of or seize the contract goods subject to the seller's retention of title and must confirm this in writing to the seller immediately.
e. The buyer gives the seller permission to enter the premises where the contract goods are located at any time (including outside the buyer's normal working hours) to take possession of and take away the contract goods by invoking his retention of title.
f. The buyer must provide additional security for the correct fulfillment of his obligations towards the seller at any time requested by the seller.
g. The buyer must adequately insure the contract goods subject to retention of title against normal business risks at his own expense and provide the seller with access to the relevant insurance policies upon first request.
a. The buyer must return the used pallets free of charge and at his own risk to the seller within twenty working days after the delivery of the contract goods.
b. The ownership of these pallets always remains with the seller.
a. The seller may postpone the delivery of the contract goods without compensation in the event of force majeure or if reasonably unforeseen events and circumstances make it impossible for him to execute current orders on time without additional provisions or efforts.
In that case, he may also dissolve the agreement in whole or in part without judicial intervention and without compensation.
Even in the event of a temporary suspension, the seller will still be entitled to declare the agreement wholly or partially dissolved if he is unable to deliver due to force majeure or unforeseen events or circumstances.
b. Force majeure or events and circumstances as referred to in a. include, among others:
c. If the force majeure situation lasts so long that the buyer can no longer reasonably demand performance from the seller, either party may dissolve the agreement for the future without judicial intervention and without compensation by a single written declaration.
a. The seller's liability is expressly limited to the provisions of article 8.e, except in the case of damage resulting from intent or gross negligence on the part of the seller or his managerial subordinates.
b. The seller is never liable for any "further" damage, including consequential damage, and the seller is therefore not obliged to compensate for business damage, loss of profit, damage resulting from personal accidents, damage arising from claims by third parties against the buyer, or any other damage. The buyer indemnifies the seller against all claims by third parties related to goods delivered by the seller to the buyer.
a. The buyer must trade the contract goods exclusively in the original packaging from the seller in an unchanged and undamaged state. However, after receiving written permission from the seller, the buyer is allowed to trade the contract goods that have been delivered in bulk packaging individually, provided that the individual products are traded in the original packaging from the seller in an unchanged and undamaged state.
b. For each violation of the obligations mentioned in this article, the buyer forfeits a directly payable penalty of Euro 5,000 in favor of the seller, which is not subject to compensation or discount. In this regard, the seller does not need to give the buyer notice of default. In addition to this penalty, the seller is entitled to compensation and may terminate the agreement(s) with the buyer with immediate effect.
a. The advertising and promotional material, whether or not provided free of charge by the seller to support the sale of the contract goods or future contract goods, remains the property of the seller at all times. The buyer must return this to the seller's office address at the first request of the seller, free of charge and at the buyer's risk, in an undamaged and unchanged state.
a. For sales to consumers via the internet, the legal rules for distance selling apply.
a. The nullity, voidability, or unreasonable burden of one or more provisions of the agreement(s) between the seller and the buyer or of these terms and conditions does not lead to the nullity, voidability, or unreasonable burden of the agreements between the seller and the buyer or these terms and conditions as a whole.
a. These terms and conditions and the agreement(s) to which they refer are exclusively governed by Dutch law.
b. All disputes related to these terms and conditions and the agreement(s) to which they refer are initially subject to the exclusive jurisdiction of the competent court of the seller's actual place of business, unless the buyer chooses the competent court according to the law for the settlement of the dispute within 1 month after the seller has invoked this clause in writing, unless the buyer is a consumer, in which case the competent court based on applicable law is competent.
c. Notwithstanding the provisions in b., the buyer and seller may agree that a dispute between them or between the seller and the successors in title of the buyer arising from their agreements and these terms and conditions and further agreements and conditions resulting therefrom will be decided in the highest instance and to the exclusion of the ordinary court by arbitration according to the regulations of the Netherlands Arbitration Institute.
a. All judicial and extrajudicial costs that the seller reasonably has to incur to enforce compliance with these terms and conditions and the agreement(s) to which they refer are borne by the buyer. Consumers are only liable for these costs after they have been summoned by the seller.
a. Wijntransport implements a selective distribution policy regarding the online sale of its products. In principle, Wijntransport will only grant this permission to wine specialty stores that are members of the De Wijnproevers foundation. For all customers of Wijntransport, products may only be sold online to consumers with the explicit permission of Wijntransport.
Deliveries to companies, except for the hospitality industry and/or business gifts, with the aim of reselling Wijntransport wines to consumers are not allowed.
a. All images and texts on our website are copyright protected and are the property of Wijntransport or placed with the author's permission. Wijntransport does not grant permission for the (re)use of images and texts unless agreed in writing.