General Terms and Conditions

General Terms and Conditions

These general terms and conditions apply to every offer from the seller Xavier bv and to every agreement concluded between Xavier bv and the buyer. The general terms and conditions are included on our website www.deliciawebshop.nl and are accessible to everyone. On request, we will send you a copy by e-mail.

Trade name: Xavier bv
Address: Gorterplaats 29
6533 ZH Nijmegen
Phone number: +31(0)6 42301706
Available Monday to Friday from 9:00 AM to 6:00 PM
Email address: info@deliciawijnen.nl
Website: www.deliciawebshop.nl
KvK: 65045920
VAT identification number: NL855959757B01

Article 1: Definitions
In these terms and conditions the following terms shall have the following meanings:
– seller: Xavier bv (hereinafter referred to as DELICIA), which concludes a sales agreement regarding wine or spirits or related articles with a buyer;
– buyer: the buyer who concludes a purchase agreement with DELICIA regarding wine or spirits or related articles;
– the contract goods: wine, spirits, packaging or related articles, which are sold to the buyer by DELICIA or made available free of charge or not;
– pre-sale: The sale of wines that have not yet been marketed at the time the agreement is concluded;
– consumer: the natural person who is not acting in the exercise of his profession or business;
– working days: all days of the week except Saturdays, Sundays and public holidays;
– in writing: communication by letter and e-mail.
Article 2: Customer data
The data you provide to DELICIA via www.deliciawebshop.nl will be treated confidentially. This data will be recorded in a file. The holder of the file is DELICIA. Your data will not be
provided to third parties. If you wish to view or delete your data, you can make this known by post or via info@deliciawijnen.nl. In the first case, you will receive an overview of the data known to us within 24 hours. In the second case, we will delete your data within 24 hours.
Article 3: Application of these conditions
a . Unless otherwise agreed in writing, these conditions apply to every sales agreement (hereinafter: “the agreement”) between DELICIA and the buyer. This applies if the goods to be delivered under the agreement are delivered to the buyer directly by DELICIA or by or with the mediation of third parties.
b . The buyer is obliged towards DELICIA to stipulate by way of a chain clause in the event of resale or resale of the contract goods in favour of DELICIA that the buyer has towards DELICIA, to the extent applicable, the same rights and obligations as the buyer has towards DELICIA in Articles 9 and 13.
c . These conditions apply to all agreements concluded between DELICIA and the buyer. DELICIA will
the buyer must provide and/or make available these conditions before concluding the agreement.
d . These conditions also apply if they have applied to a previous agreement between DELICIA and the buyer, unless DELICIA has expressly waived their applicability.
e . DELICIA reserves the right to change and/or supplement these conditions. If the change is material, DELICIA will notify the buyer in writing. Unless the buyer has notified DELICIA within 2
If the buyer objects in writing within 2 weeks after the date of dispatch of the written notice, the buyer shall be deemed to have tacitly agreed to the amendment or addition.
f . The buyer is not permitted to transfer any rights or obligations under these terms and conditions to third parties without the prior written consent of DELICIA.
g . These conditions set aside any conditions of the buyer, even if the buyer's conditions reach DELICIA after the buyer has received those from DELICIA.
Article 4: Intellectual property rights
The intellectual property rights relating to the DELICIA website, including the software, texts, images and sounds, are vested in DELICIA. It is not permitted, without the permission of DELICIA, to use the software, texts, images and sounds on the
DELICIA website to publish, reproduce and/or edit information contained therein other than for personal use.
Article 5: Quotations, offers, price lists
a . DELICIA quotations, offers and price lists are without obligation.
b . In the case of a fixed quotation, it will be valid for a period specified by DELICIA; in the absence of such specification, it will expire after one month.
Article 6: Conclusion of an agreement
a . The agreement is concluded by the express acceptance by the buyer of a definitive offer from DELICIA.
b . The agreement shall also be concluded if DELICIA has not notified the buyer in writing that it does not accept the order by the eighth working day after the working day on which it became aware of an order.
c . The provisions of this article also apply to advance sales.
d . If the agreement is concluded electronically and the buyer is not a consumer, DELICIA is not obliged to send the buyer a confirmation of receipt of the express acceptance.
Article 7: Intellectual property rights
a . All intellectual property rights to the products sold by DELICIA or other materials made available to the buyer under these conditions are vested in DELICIA or its suppliers.
b . Copying, distribution and any other use of these materials is not permitted without the written permission of DELICIA, 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 DELICIA or its suppliers as a brand name without the prior written consent of DELICIA.
domain name, social media account or otherwise as being his.
Article 8: Prices and transport costs
a . The prices and discounts used by DELICIA are the prices and discounts stated in the price list in force on the day the agreement is concluded or as otherwise agreed on that day.
b . The prices charged by DELICIA are, unless otherwise agreed, “ex DELICIA”, including excise duties, taxes, import duties, other levies and packaging and excluding transport costs and sales tax.
c . If the buyer is a consumer, DELICIA will state the prices it uses, including sales tax, other levies, any transport, delivery and/or postage costs and any other costs. If the price and any additional costs cannot be calculated in advance, DELICIA will state the manner in which the price and costs are calculated.
d . DELICIA has the right to increase the agreed contract prices on the basis of increases or surcharges on the:
1. import duties;
2. excise duties;
3. packaging/environmental taxes;
4. other taxes;
5. levies of public law organisations;
6. other levies;
7. transportation rates;
8. transportation costs and insurance premiums of the contract goods and raw materials, which are necessary for the production and transportation of the contract goods. The same applies in the case of several regulations, which lead to risks that are abnormal for the industry.
e . DELICIA will inform 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 after notification of the price change.
f . If the buyer resells the delivered contract goods, he is obliged to use the recommended prices and any associated quality designations as provided by DELICIA in any form of publication and/or advertising. For orders with an expenditure of less than € 100, we charge a contribution for packaging and shipping. This contribution is € 9.90. If desired, you can collect your order yourself in Nijmegen by appointment. Any delivery costs will then be waived.
Article 9: Payment
a . Unless cash payment or delivery by cash on delivery has been agreed, the invoice amount of the contract goods must be paid net in cash at DELICIA's office or into its specified bank account within 20 working days after the invoice date.
b . If the buyer is a consumer, he or she may only be required to make an advance payment (payment before delivery of the contract goods) of a maximum of half of the purchase price.
c . If the buyer fails to meet his payment obligation(s), DELICIA shall be entitled to compensation for interest and administration costs, without prejudice to the provisions of Article 17 and without prejudice to the right to compensation based on the law.
d . 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 on the period by which the payment term referred to in a. is exceeded. The compensation for the 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.
e . The amount owed by the buyer is immediately due and payable without notice of default if one or more of the following cases occur:
1. the bankruptcy of the buyer or the buyer's application therefor;
2. a request from the buyer for suspension of payment;
3. placement of buyer under guardianship;
4. death of buyer;
5. seizure under copper;
6. (a decision to) liquidate or alienate buyers' companies;
7. The buyer does not, does not properly or does not timely fulfil any of the obligations arising from the agreement.
f . DELICIA may first use payments from the buyer to satisfy any outstanding payment obligations from an earlier date towards DELICIA or towards any company affiliated with DELICIA.
g . Any counterclaims of the buyer against DELICIA or any company affiliated with the buyer, for whatever reason, may not be offset against claims of DELICIA.
h. If a partial item of the invoice amount is not due, the buyer must pay the portion of the invoice amount due, taking into account the other provisions of this article.
i . DELICIA may invoice orders that are executed in parts per partial delivery.
j . If the buyer fails to comply with any provision of these terms and conditions, all claims of DELICIA on the buyer, regardless of the grounds, shall become immediately due and payable without any notice of default being required.
Article 10: Delivery
DELICIA strives to ensure that an order placed on a working day before 12:00 noon is delivered 2 working days later.
to be delivered between 8:00 -18:00. If the buyer wants to pick up an order, this can often be arranged on the same working day that you placed your order.
a . Delivery takes place “ex DELICIA”, unless otherwise agreed.
b . If delivery “free to buyer” has been agreed, the following provisions apply:
1. DELICIA has the choice of the means of transport by which the contract goods will be delivered to the delivery address;
2. The risk of the contract goods shall pass to the buyer at the time they are delivered carriage paid to the buyer from the means of transport referred to in paragraph b.1.;
3. The delivery of the contract goods to the buyer shall be made carriage paid to the delivery address indicated by the buyer or as far as the means of transport referred to in paragraph b.1. can reach at the sole discretion of its driver. If the buyer refuses to accept the contract goods there in the latter case, the costs incurred as a result, regardless of the reason, shall be borne by the buyer. Nevertheless, the risk of the contract goods shall pass to the buyer at that time;
4. Franco delivery does not extend beyond placement on the unloading platform or directly over the threshold of the agreed delivery address;
5. When delivering the contract goods carriage free, the buyer shall, at his own expense, provide assistance in unloading the cargo (for example by making available mechanical aids such as forklift trucks with drivers);
c . Delivery will take place during DELICIA's normal working hours;
d . Agreed delivery times are target times. If the agreed delivery time is exceeded, the buyer is entitled to remind DELICIA and DELICIA must deliver within a reasonable period after the day of the reminder. If the buyer is a consumer and no delivery time has been agreed, DELICIA will deliver the contract goods no later than thirty days after the conclusion of the agreement;
e . DELICIA may deliver the contract goods in partial lots;
f . The buyer is obliged to accept the delivered contract goods at the first offer. If the buyer fails to do so, all costs resulting from this will be charged to the buyer;
Article 11: Complaints
a . The buyer must report complaints concerning the contract goods to DELICIA in writing immediately after he could reasonably have discovered defects, but in any case within ten days after delivery. In doing so, the buyer must accurately state the nature and grounds of the complaint and the relevant invoice.
b . If the buyer is a consumer, the following applies. The delivered item must correspond to the agreement. If this is not the case, the statutory warranty scheme from the Civil Code applies.
c . Notwithstanding a., in the case of carriage paid 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 means of transport referred to in article 9 paragraph b. The buyer must immediately send a copy thereof to DELICIA.
d . The buyer must give DELICIA – to the extent that this can reasonably be expected of him, but in any case no less than twenty working days after the complaint – the opportunity to determine (or have determined) any missing items, size differences or damage to the contract goods in their original condition and in their original packaging. If the buyer has, however, in the meantime processed or resold the contract goods in whole or in part, any right to make a complaint and claim damages shall lapse.
e . Complaints do not give the buyer the right to suspend his payment obligation(s).
f . If DELICIA finds a complaint to be justified, DELICIA will, at its 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. DELICIA is not obliged to pay additional compensation or to compensate for indirect damage (whether or not suffered by the buyer's customers). This liability applies to sales to consumers
not from DELICIA.
g . With regard to complaints, each partial delivery shall be considered a separate delivery.
h . Return of delivered goods can only be done carriage paid at the risk of the buyer after written permission for return from DELICIA. If DELICIA credits the buyer in this regard, fifteen percent will be deducted from the net invoice amount. This return shipment must be done carriage paid to the address of DELICIA within five working days after obtaining permission. The buyer must ensure careful packaging and shipping.
Article 12: Retention of title
a . All contract goods shall remain the property of DELICIA after delivery until the buyer has fulfilled all its obligations towards DELICIA with regard to the consideration for all deliveries (now or in the future) from DELICIA to the buyer or with regard to other work performed by DELICIA for the buyer under any agreement between the buyer and DELICIA or the payment of damages for failure to comply 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 from DELICIA.
c . The buyer may not transfer ownership of the contract goods to third parties other than in the context of normal exercise of the contract until all of its obligations as described in Article 12a have been met.
of his business, nor pledge the contract goods to third parties as additional security.
d . The Buyer must immediately notify DELICIA of any claims or attempts by third parties to obtain or seize contract goods subject to DELICIA's retention of title and must confirm this to DELICIA in writing without delay.
e . The buyer grants DELICIA permission to enter the space(s) where the contract goods are located at any time (including outside the buyer's normal working hours) in order to invoke his/her rights.
to take possession of and take the contract goods with him, subject to retention of title.
f . The Buyer must provide additional security for the correct fulfilment of its obligations towards DELICIA at any time desired by DELICIA.
g . The buyer must, at his own expense, adequately insure the contract goods subject to retention of title against normal business risks and provide DELICIA with access to the
concerning insurance policies.
Article 13: Force majeure/unforeseen events and other circumstances
a . DELICIA may postpone the delivery of the contract goods without compensation in the event of force majeure or if reasonably unforeseeable events and circumstances make it impossible to deliver without
additional provisions or efforts to execute current orders on time. In that case, DELICIA may also terminate the agreement in whole or in part without judicial intervention and without compensation. Even in the event of a temporary suspension, DELICIA will still be entitled to declare the agreement terminated in whole or in part if it is unable to deliver as a result of force majeure or unforeseen events or circumstances.
b . Force majeure or events and circumstances as referred to in Article 13a. include:
1. state of war and state of siege in both formal and material sense;
2 . civil war;
3. riot;
4. mobilization;
5. employee actions of any kind;
6. (road)blocks;
7. exclusion of employees;
8. sudden operational disruptions;
9. sudden excessive illness of staff;
10. untimely or defective delivery of raw materials and auxiliary materials, end products and packaging materials;
11 . government regulations;
12. refusal or failure to obtain an import permit or other necessary government approval;
13. impediment to imports or exports by governments or third parties;
14 . fire;
15. extreme weather conditions (such as frost, extreme rainfall, snow, storm);
16 . flood;
17 . disruption in the supply of energy;
18. defects in machines.
c . Should the force majeure situation last so long that the buyer can no longer reasonably demand performance from DELICIA, then either party may terminate the agreement for the future without judicial intervention and compensation by a single written statement.
d . This agreement is subject to the so-called 'change of ownership' clause, which means that DELICIA has the right to terminate the supply if the purchasing company changes ownership or if significant changes occur in management.
Article 14 Liability of DELICIA
a . DELICIA's liability is expressly limited to the provisions of Article 10 paragraph e., unless there is also damage resulting from intent or gross negligence on the part of DELICIA or its managerial subordinates.
b . DELICIA shall never be liable for any “further” damage, including consequential damage, and DELICIA shall therefore not be obliged to compensate for business damage, loss of profit, damage resulting from personal accidents, damage resulting from claims by third parties against the buyer or any other damage whatsoever. The buyer shall indemnify DELICIA against all claims by third parties relating to goods supplied by DELICIA to the buyer.
c . In the event of damage resulting from a defect in the product as referred to in Articles 6:185 et seq. of the Dutch Civil Code, DELICIA will provide the necessary information from the manufacturer of the product to the buyer. The buyer is obliged to submit his claim to the manufacturer unless DELICIA must be regarded as the manufacturer on the basis of Article 6:187 of the Dutch Civil Code.
d . In the case of sales to consumers, DELICIA's limitation of liability does not apply.
Article 15 Method of dealing
a . The buyer must trade the contract goods exclusively in original packaging from DELICIA in an unchanged and undamaged condition. After having received written permission from DELICIA, the buyer is also permitted to trade the contract goods that have been delivered in bulk packaging individually, provided that the individual products are in original packaging from DELICIA.
are traded in an unchanged and intact state.
b . In the event of any violation of the obligations mentioned in this article, the buyer shall forfeit to DELICIA an immediately due and payable fine of Euro 5,000.00, which is not subject to compensation or discount. In view thereof, DELICIA does not need to put the buyer in default. In addition to this fine, DELICIA is entitled to compensation and may terminate the agreements with the buyer with immediate effect.
Article 16: Publicity and promotional material
The advertising and promotional material that DELICIA makes available to the buyer, whether or not free of charge, to support the sale of the contract goods or future contract goods, shall at all times remain the property of DELICIA. The buyer must return this to DELICIA's office address at the first request of DELICIA, carriage paid and at the buyer's risk, in an undamaged and unaltered condition.
Article 17: Nullity, voidability
The nullity, voidability or unreasonable onerousness of one or more of the provisions of the agreement(s) between DELICIA and the buyer or of these terms and conditions shall not lead to the nullity, voidability or unreasonable onerousness of the agreements between DELICIA and the buyer or these terms and conditions in their entirety.
Article 18: Applicable law and disputes
a . These terms and conditions and the agreement(s) in which they are referred to are exclusively governed by Dutch law.
b . All disputes relating to these terms and conditions and the agreement(s) in which reference is made to these terms and conditions shall be submitted in the first instance to the competent court of the actual place of business of DELICIA, to the exclusion of any other court, unless the buyer chooses the competent court according to the law to settle the dispute within 1 month after DELICIA has invoked this clause in writing against him, unless the buyer is a consumer, in which case the competent court based on the applicable law shall have jurisdiction.
c. Without prejudice to the provisions of paragraph b., the buyer and DELICIA may agree that a dispute between them or between DELICIA and the legal successors under general or special title of the buyer arising from their agreements and these conditions and any additional agreements and conditions that may result therefrom, will be decided in the highest instance and to the exclusion of the ordinary courts by arbitration in accordance with the regulations of the Netherlands Arbitration Institute.
Article 19: Complaints
If you have a complaint in general, you can always contact us via email address info@deliciawijnen.nl, by phone or by phone on 06 4230 1706. You can expect an answer from us by email within 24 hours. The European Commission offers a platform for online dispute resolution for consumers, which can be found at http://ec.europa.eu/consumers/odr/. We voluntarily participate in a
dispute resolution procedure.
Article 20: Legal and other costs
All judicial and extrajudicial costs that DELICIA must reasonably incur to enforce compliance with these conditions and the agreement(s) in which these conditions are referred to, shall be borne by the buyer. Consumers shall only owe these costs after DELICIA has issued a reminder to do so.
Article 21: Legal Dispute
All cases to which these General Terms and Conditions apply are governed by Dutch law. All disputes arising from an agreement between DELICIA and its customers will be submitted to the competent court.

Additional general terms and conditions for distance selling (via web shop www.deliciawebshop.nl)
Article 22: Applicability
The following applies to all visits to and use of the web shop www.deliciawebshop.nl and to all information and data offered via this website.
Article 23: Internet sales
For sales to consumers/companies via the internet, the legal rules for distance selling apply. DELICIA does not provide or sell alcoholic beverages to persons under the age of 18. When ordering alcoholic beverages, the customer confirms by placing an order that he meets the legal minimum age for purchasing these products. The customer undertakes to only
he, or a person authorized by him who has also reached the legal minimum age of 18, receives the order.
Article 24: Offer
The offer on www.deliciawebshop.nl is entirely without obligation and available while stocks last. DELICIA reserves the right to adjust prices in the meantime and to supply a subsequent vintage if the offered vintage is no longer available. The consumer will be informed of this before delivery. If a wine is no longer available, DELICIA will propose a suitable alternative. The offer contains a complete and accurate description of the wines offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. DELICIA uses truthful images of the wines. Obvious mistakes or obvious errors in the offer do not bind DELICIA. All prices as stated on www.deliciawebshop.nl are in euros, including excise duty, including 21% VAT and excluding transport costs.
Article 25: Payment
The consumer can pay for the order via:
– iDEAL by paying in advance. How does iDEAL work? When the consumer is going to pay for the products he/she has put in the shopping cart, the consumer is redirected to the payment screen of his or her own bank. Here the consumer can safely complete the payment. DELICIA receives the order after a successful payment. The order is processed after the full amount of the invoice has been credited to DELICIA's account. The iDEAL payments are carried out by Sisow. Sisow has been certified by Currence, owner of iDEAL, as a Collecting Payment Service Provider (CPSP). Recently also as a Mandated Service Provider (MSP). As a Collecting Payment Service Provider, Sisow has a license from De Nederlandsche Bank and meets the high requirements for honest and controlled business operations.
– By bank transfer. The consumer will receive the invoice by e-mail. The order will be processed after full payment of the invoice.
Article 26: Delivery
The place of delivery is the address that the consumer has made known to DELICIA. The delivery times stated on www.deliciawebshop.nl are indicative. DELICIA strives to deliver within 2 to 3 working days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive a message about this by e-mail or telephone no later than 3 working days after the order has been placed. In that case, the consumer has the right to terminate the agreement without costs. After termination by the consumer, DELICIA will immediately refund the entire amount that the consumer has paid.
Article 27: Breakage and loss
The risk of damage and/or loss of products rests with DELICIA until the moment of delivery to the consumer or a previously designated representative made known to DELICIA, unless expressly agreed otherwise. The risk of damage and/or loss of products is at the risk of the consumer from the moment that the buyer or a third party designated by him, who is not the carrier, has received the contract goods, unless the buyer has designated a carrier himself and this choice has not been offered by DELICIA. In that case, the risk of the ordered products is already transferred at the moment that DELICIA hands the order to the carrier. The consumer must always count the number of packages immediately upon receipt and check whether any breakage occurred during transport. If your order is incomplete or is unexpectedly delivered damaged, please contact DELICIA immediately by e-mail or telephone, so that DELICIA can investigate and resolve this correctly.
If the consumer has a complaint about a product delivered by DELICIA, the consumer must contact DELICIA by e-mail or telephone within 8 days after delivery. DELICIA will not reimburse any transport costs of
Products returned to DELICIA if this has not been promised to the consumer in advance by telephone or e-mail. Delivery will be made by DELICIA itself or by PostNl. DELICIA is never liable for damage resulting from exceeding the delivery time.
Article 28: Transport costs for web shop orders
DELICIA delivers your order free of charge to one address in the Netherlands for orders over 100 euros including 21% VAT. For orders under 100 euros we charge 9.90 euros including 21% VAT.
Article 29: Right of withdrawal
a . Contract goods, if ordered electronically by and delivered to consumers, are subject to the statutory right of withdrawal. The consumer has fourteen days, calculated from the date of delivery of the complete order, to cancel the agreement concluded with regard to the contract goods without giving reasons.
b . Consumers exercise the right of withdrawal described above by sending DELICIA the completed model form, which can be found on the DELICIA website, to DELICIA within a period of fourteen days or by making another declaration of withdrawal to DELICIA.
c . The right of withdrawal does not apply to contract goods which spoil quickly or which have a limited shelf life, nor does the right of withdrawal apply to the delivery of alcoholic beverages, the price of which was agreed upon when concluding the consumer purchase, but the delivery of which can only take place after thirty days, and the actual value of which depends on fluctuations in the market over which the trader has no influence.
d . The consumer must return the contract goods subject to termination to DELICIA as soon as possible, but no later than fourteen days from the day following the day on which the notification referred to in paragraph b. was made. The consumer shall bear the direct costs of returning the contract goods.
e . After termination of the agreement, DELICIA shall reimburse without delay, but no later than fourteen days after the day on which the notification referred to in paragraph b. has been received by DELICIA, all payments that DELICIA has received from the consumer in this context. The costs shall be reimbursed by the seller in the same manner as DELICIA received them from the consumer.
f . The burden of proof for correct and timely exercise of the right of withdrawal lies with the consumer.

Nijmegen, August 30, 2022