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Terms and Conditions


Welcome to Deltawines.eu! Previously, we offered our products through multiple webshops under different names, but these have now been merged into one webshop: Deltawines.eu.


The terms and conditions of DGS WIJN, Coenecoop Wine Traders, Pallas Wines, and Global Wine Operations are identical and apply to all transactions. These terms and conditions are filed with the Chamber of Commerce under the respective registration number of the mentioned entities.


These terms and conditions are drawn up by DGS WIJN, located in Waddinxveen, and registered with the Chamber of Commerce in Rotterdam under number 29049680. The following terms and conditions have been in force since March 1, 2016.


General Sales Conditions Delta Wines.


Article 1: Definitions
In these conditions, the following terms shall have the following meanings

    • seller: the producer, importer, distributor, wholesaler, or retailer of wine or distilled beverages, who enters into a sales agreement regarding wine or distilled beverages or related articles with a buyer;
    • buyer: the buyer, who enters into a purchase agreement regarding wine or distilled beverages or related articles with the seller;
    • the contract goods: wine, distilled beverages, packaging, or related articles, which are sold by the seller to the buyer or made available free of charge;
    • pre-sale: The sale of wines that have not yet been marketed at the time of the conclusion of the agreement;
    • consumer: the natural person who does not act in the exercise of his profession or business;
    • working days: all days of the week except Saturdays, Sundays, and public holidays;
    • written: communication by letter, fax, and email.

    Article 2: Application of these conditions

    a. Unless otherwise agreed in writing, these 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 through or with 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 re-sale 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 conditions apply to all agreements concluded between the seller and the buyer. The seller will provide the buyer with these conditions before the conclusion of the agreement.

    d. These conditions also apply when they have been applicable to a previous agreement between the seller and the buyer, unless the seller has expressly waived applicability.

    e. The seller reserves the right to amend and/or supplement these 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 supplement.

    f. The buyer is not permitted to transfer rights and obligations under these conditions to third parties without the prior written consent of the seller.

    g. These conditions set aside any conditions of the buyer, even if the buyer's conditions reach the seller after the buyer has received those from the seller.

    Article 3: Quotations, offers, price lists

    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 specified by the seller; in the absence of a specification, it will expire after one month.

    Article 4: Conclusion of an agreement

    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 that he does not accept the order by the eighth working day after the working day on which he became aware of an 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.

    Article 5: Intellectual property rights

    a. All intellectual property rights to the products sold by the seller or other materials made available to the buyer under these 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 law regulations.

    c. The buyer is not permitted to register the brand, 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 consent of the seller.

    Article 6: Prices and discounts

    a. The prices and discounts used by the seller are the prices and discounts listed 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:

    1. import duties,
    2. excise duties,
    3. packaging/environmental taxes,
    4. other taxes,
    5. levies of public law organizations,
    6. other levies,
    7. freight rates,
    8. transport costs and insurance premiums of the contract goods and raw materials necessary for the production and transport of the contract goods. The same applies in the case of statutory regulations that lead to abnormal risks for the industry.

    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.

    Article 7: Payment
    a. Unless cash payment or delivery COD has been agreed, the invoice amount for the contract goods must be paid net cash at the seller's office or to the bank account indicated by the seller within 10 working days of the invoice date.

    b. If the buyer fails to meet 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 administrative costs.

    c. The interest compensation is equal to the statutory commercial interest plus 4%. This compensation will be calculated on the amount that remains 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 administrative costs is 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 events occur:

    1. the bankruptcy of the buyer or the buyer's application for it;
    2. a request by the buyer for suspension of payments;
    3. the buyer being placed under guardianship;
    4. the death of the buyer;
    5. seizure under the buyer;
    6. (a decision to) liquidate or dispose of the buyer's businesses;
    7. the buyer fails to properly or timely fulfill any of the obligations arising from the agreement.

    e. The seller may use payments from the buyer to satisfy unpaid payment obligations of an earlier date to the seller or to 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 the unjustifiedness of a partial item of the invoice amount, the buyer must pay the owed portion of the invoice amount in accordance 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 conditions, all claims of the seller against the buyer, for whatever reason, become immediately due and payable without notice of default.

    Article 8: Delivery
    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 the seller's normal working hours.

      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 fails to do so, all resulting costs will be charged to the buyer.

      Article 9: Complaints
      a. The buyer must report complaints regarding the contract goods immediately after he has reasonably been able to establish defects, but in any case within ten days of 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, any visible damage to or visible loss of the contract goods occurring during transport to the agreed delivery address must be recorded in writing on the transport document by or on behalf of the buyer in the presence of the driver of the transport vehicle referred to in 7b. The buyer must immediately send a copy thereof to the seller.

      c. The buyer must give the seller the opportunity to establish (or have established) shortages, size differences, or damages based on the contract goods in their original state and original packaging, as far as can reasonably be expected of him, but in any case not less than twenty working days after the complaint. If the buyer has already processed or resold the contract goods in whole or in part, any right to complaint and compensation lapses.

      d. Complaints do not give the buyer the right 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 involved contract goods or replace the involved contract goods free of charge. The seller is not obliged to pay further compensation or to compensate 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, €3.00 per package with a maximum of €70.00 for a full pallet will be deducted from the net invoice amount. This return must be made free of charge to the seller's address within five working days of obtaining permission. The buyer must ensure careful packaging and shipping.
      For consumers, if the purchase was made electronically, the provisions of article 10 apply.

      Article 10: Right of Withdrawal
      For contract goods, if they are ordered electronically by and delivered to consumers, the statutory right of withdrawal applies. The consumer has 7 working days, counted from the date of delivery, to return the contract goods. Perishable goods are excluded from the right of withdrawal.

      Article 11: Retention of Title
      a. All contract goods remain the property of the seller after delivery until the buyer has fulfilled all his obligations to 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 any claims or attempts by third parties to seize the contract goods subject to the seller's retention of title and must confirm this in writing to the seller without delay.

      e. The buyer grants the seller permission to enter the premises where the contract goods are located at any time (even outside the buyer's normal working hours) to take possession of and remove the contract goods by invoking his retention of title.

      f. The buyer must provide additional security for the proper fulfillment of his obligations to the seller at any time upon the seller's request.

      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.

      Article 12: Pallets
      a. The buyer must return used pallets to the seller at his own risk within twenty working days of delivery.

      b. Ownership of these pallets always remains with the seller.

      Article 13: Force Majeure/Unforeseen Events and Other Circumstances
      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 such cases, he may also terminate 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 terminated 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 paragraph a. include, but are not limited to:

      1. state of war and state of siege in both formal and material senses,
      2. civil war,
      3. riots,
      4. mobilization,
      5. employee actions of any kind,
      6. (road) blockades,
      7. lockouts of employees,
      8. sudden business disruptions,
      9. sudden excessive illness of personnel,
      10. untimely or defective delivery of raw and auxiliary materials, finished products, and packaging materials,
      11. government regulations,
      12. refusal or failure to obtain import permits or other necessary government approvals,
      13. hindrance of imports or exports by governments or third parties,
      14. fire,
      15. extreme weather conditions (such as frost, heavy rainfall, storms),
      16. flooding,
      17. disruption in the supply of energy,
      18. machine defects.

      c. If the force majeure situation lasts so long that the buyer can no longer reasonably demand performance from the seller, either party may terminate the agreement for the future without judicial intervention and without compensation by a single written declaration.

      Article 14: Seller's Liability
      a. The seller's liability is expressly limited to the provisions of article 8.e, except in cases 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 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.

      c. If there is damage resulting from a defect in the product as referred to in articles 6:185 et seq. of the Dutch Civil Code, the seller will provide the buyer with the necessary information about the producer of the product. The buyer is obliged to file his claim with the producer unless the seller must be regarded as the producer based on article 6:187 of the Dutch Civil Code.

      d. The limitation of the seller's liability does not apply to sales to consumers.


      Article 15: Method of Trading
      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 delivered in bulk packaging individually, provided 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 and non-compensable or non-discountable penalty of Euro 5,000 in favor of the seller. 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.

      Article 16: Publicity and Promotional Material
      The publicity and promotional material that the seller provides to the buyer, whether free of charge or not, 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 material 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.

      Article 17: Internet Sales
      For sales to consumers via the internet, the statutory rules for distance selling apply.

      Article 18: Nullity, Voidability
      The nullity, voidability, or unreasonable burden of one or more provisions of the agreement(s) between the seller and the buyer or of these conditions does not lead to the nullity, voidability, or unreasonable burden of the agreement(s) between the seller and the buyer or these conditions as a whole.

      Article 19: Applicable Law and Disputes
      a. These conditions and the agreement(s) to which they refer are exclusively governed by Dutch law.

      b. All disputes related to these conditions and the agreement(s) to which these conditions refer are initially subject to the exclusive jurisdiction of the competent court of the seller's actual place of business, unless the buyer, within 1 month after the seller has invoked this clause in writing, chooses the competent court according to the law for the settlement of the dispute, 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 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.

      Article 20: Judicial and Other Costs
      All judicial and extrajudicial costs that the seller reasonably incurs to enforce compliance with these conditions and the agreement(s) to which these conditions refer are borne by the buyer. Consumers are only liable for these costs after being summoned by the seller.