Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different stipulations
Article 17 – Retention of title
Article 18 – Liability and force majeure

Article 1 - Definitions

In these conditions the following terms have the following meanings:

Reflection period: The cooling-off period is 30 calendar days, starting from the day after the product is received by the consumer or a third party designated by the consumer.
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The right of withdrawal can be exercised within the cooling-off period of 30 days, without giving reasons. The consumer does not have to pay a fine and the entrepreneur must refund the full purchase price, including any shipping costs, within 14 days after receipt of the withdrawal notification.
Model form: The model withdrawal form is available on our website and can be requested by e-mail if desired. The consumer can fill in this form and return it to us to exercise the right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Remote agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technique for remote communication: The techniques for distance communication include, for example, communication via the website, e-mail, telephone, or other digital channels, which make it possible to conclude the contract remotely without physical presence.
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Truckned B.V.
Fabrieksweg 3c
5531 PP Bladel
The Netherlands

E-mail: info@truckned.nl
Phone: 085-1091138
Chamber of Commerce: 86417487
VAT: NL863960509B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer, either on the entrepreneur's website or by e-mail. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and will be sent to the consumer free of charge, as quickly as possible and on a durable data carrier at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically before the contract is concluded, in a way that makes it easy for the consumer to store the terms and conditions on a durable data carrier (such as PDF). If this is not reasonably possible, it will be clearly indicated before the contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge by e-mail or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
If one or more provisions in these general terms and conditions are in whole or in part void or destroyed at any time, the agreement and these terms and conditions will continue to apply and the provision in question will immediately be replaced by a provision that, in consultation, from the original as close as possible.
Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, this is a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer serve as an indication and cannot give rise to compensation or termination of the agreement, unless otherwise agreed.
Images of products are a true representation of the products offered. Entrepreneurs cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The price including all applicable taxes (such as VAT) and any additional charges, such as administration, shipping or handling charges.
- Any shipping costs, including information about free shipping or other promotions, if applicable.
- The manner in which the agreement is concluded, the required actions by the consumer (such as confirming the order), and any options for checking and correcting the order in advance.
- Whether the right of withdrawal applies and, if so, the conditions under which this right may be exercised, including the time limit and the procedure.
- The method of payment (e.g. iDEAL, credit card, etc.), the estimated delivery time of the products and the manner in which the agreement is executed (e.g. home delivery or collection).
- The period for accepting the offer and the period in which the entrepreneur guarantees the price, including any expiry date of the offer.
- The amount of any costs for remote communication, such as telephone costs, if these differ from the regular basic rate for the means of communication used.
- Whether the agreement will be archived and, if so, how the consumer can consult it, for example via the customer account or by e-mail.
- The possibility for the consumer to check the data provided before concluding the contract and, if necessary, to correct it, for example via a 'view and edit' function on the website.
- The other languages in which the agreement can be concluded, in addition to Dutch, and whether the consumer has the choice to receive the agreement in another language.
- The codes of conduct to which the entrepreneur has submitted, and how the consumer can consult these codes of conduct electronically, for example via a link on the website.
- The minimum duration of the distance contract, if applicable, for example in the case of subscription services or long-term supply contracts.

Article 5 - The agreement

1. The agreement is concluded at the moment that the consumer accepts the entrepreneur's offer and meets the conditions set, unless otherwise stated in paragraph 4 of this article.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the agreement as long as the entrepreneur has not yet confirmed receipt of acceptance.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take the necessary security measures to ensure a secure payment environment.
4. Within the framework of the law, the entrepreneur can inform himself about the payment capacity of the consumer, as well as other relevant facts and circumstances that may influence a responsible and careful execution of the distance contract. If the entrepreneur, based on this information, has good reasons to doubt the payment possibilities of the consumer, he has the right to refuse the order or request or to link it to special conditions.
5. The entrepreneur will provide the following information to the consumer upon delivery of the product or service, in writing or in another durable manner so that it can be stored by the consumer in an accessible manner:
6. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  - the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  - the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  - information about guarantees and existing after-sales service;
  - the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  - the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
7. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
8. Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 30 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he must return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

When providing services:

When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 30 days, starting on the day of entering into the contract.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received by the entrepreneur, or that conclusive proof of the complete return can be provided.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- which have been manufactured by the entrepreneur according to the consumer's specifications;
- which are clearly of a personal nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
- whose delivery has begun with the express consent of the consumer before the reflection period has expired;
- concerning bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are exclusive of VAT.
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must take place in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. This manufacturer's warranty does not affect the consumer's statutory rights under Dutch law, such as the right to a sound product.
Return costs are always for the account of the consumer, also in the case of a warranty claim. If a product falls under warranty after assessment, the entrepreneur will offer a replacement product or repair, but the costs for shipping remain for the account of the consumer.
The warranty does not apply if:
- the consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
- the delivered products have been exposed to abnormal conditions, or have otherwise been treated carelessly, or have been treated contrary to the instructions of the entrepreneur and/or the instructions stated on the packaging;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Taking into account what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.
If the consumer chooses a delivery option where the package is left without a signature ('put down permission'), the consumer fully accepts the risk of loss, damage or theft. In that case, the entrepreneur and the carrier are not liable for any damage or missing deliveries.

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation

The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least top one month.
The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Expensive

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be processed within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first turn to the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), this will mediate free of charge. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at its choice.
Complaints must always be submitted to the entrepreneur within a reasonable period, and preferably within 7 days after delivery of the product or performance of the service, unless otherwise agreed.
The consumer is responsible for the costs of the return shipment, both in case of complaints and in case of warranty cases. The costs for the return shipment are for the account of the consumer, unless otherwise agreed or if the complaint is found to be justified. In that case, the entrepreneur can, at his discretion, pay the costs of the return shipment.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, regardless of the country in which the consumer resides or where the agreement is concluded. This provision applies to all disputes arising from or related to the agreement and its performance.
The Vienna Sales Convention (CISG) does not apply to this agreement, regardless of the country of origin of the consumer or the entrepreneur.
If a dispute arises that cannot be resolved through mutual consultation, the consumer can contact the Stichting WebshopKeur for free mediation. If this does not lead to a solution, the dispute can be submitted to the independent disputes committee appointed by WebwinkelKeur, whose decision is binding. Alternatively, the dispute can be submitted to the competent court.

Article 16 - Additional or different stipulations

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer. These provisions must be recorded in writing and be available to the consumer on a durable data carrier in an accessible manner.

Article 17 – Retention of title

All products supplied by Truckned remain the property of Truckned BV until full payment, including any additional costs, has been made by the consumer.
Until ownership has been transferred, the consumer may not pledge, resell or otherwise encumber the products.
In the event of bankruptcy or suspension of payment by the consumer, Truckned is entitled to take back the products.

Article 18 – Liability and force majeure

Truckned is not liable for any damage resulting from the use of its products, unless there is intent or gross negligence.
Truckned is not responsible for delays or shortcomings in the performance of the agreement due to force majeure, such as natural disasters, war, government measures, strikes, epidemics, transport problems or disruptions at suppliers.
If the force majeure situation lasts longer than 30 days, both parties have the right to terminate the agreement without the right to compensation.

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Model withdrawal form

(Please complete and return this form only if you wish to cancel the contract.)
On:
Truckned B.V.
Fabrieksweg 3c
5531 PP Bladel
The Netherlands
Email: info@truckned.nl

I/we hereby inform you that I/we revoke the agreement regarding:

The purchase of the following goods / the provision of the following services (*):
___________________________
___________________________

Ordered on: ____ / ____ / ______
Order number: ______________
Received on: ____ / ____ / ______

Name of consumer(s):
___________________________

Address of consumer (s):
___________________________
___________________________
___________________________
___________________________

IBAN account number:
___________________________

Signature of consumer:
___________________________

Date: ____ / ____ / ______
(*) Cross out what does not apply.