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GENERAL TERMS AND CONDITIONS TRUCKS.NL B.V.

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v 1.0 | june 2024

Article 1 : Definitions and applicability

1.1In these General Terms and Conditions for Customers of Services and Products of Trucks.nl B.V., trading under the trade names TrucksNL, Tnl Business, B2B Audience and Tradeworld and further called TrucksNL, the following terms shall mean:

  • TrucksNL: the online platform TrucksNL and all its related websites, on which supply and demand of new and used vehicles, including trucks, trailers, machines, cars, commercial vehicles, buses, engines and all parts thereof, as well as everything which serves to increase the ease of use, come together and also all kinds of related or unrelated products and Services are offered;

  • Services: TrucksNL provides a platform for placing advertisements of objects and marketing communications in appropriate displays for a fee. TrucksNL also provides Services which include application, maintenance and management of domain names as well as other forms of application for various Services such as various online marketing services, Trade Management System and corporate website construction and management;

  • The Customer: any person, natural or legal, who enters into an agreement with TrucksNL concerning the acquisition of Services as referred to above;

  • Agreement: the agreement between TrucksNL and a Customer under which TrucksNL makes its Services and products available to the Customer;

  • Website: the domains www.trucks.nl, www.trucksnl.com, www.trucksnl.be and associated sub-domains.

1.1These General Terms and Conditions apply to all Agreements and all other use of TrucksNL's Services;

1.1An Agreement with a Customer shall not come into existence until both parties have signed the text of the Agreement drawn up and approved by TrucksNL;

1.1Every Agreement, including those with Customers from outside the Netherlands, shall be deemed to have been entered into with TrucksNL;

1.1The receipt of an application by a Customer for TrucksNL's Services or products shall be deemed to constitute the Customer's consent to the contents of these General Terms and Conditions;

1.1
These General Terms and Conditions can only be validly deviated from if agreed in writing. The applicability of any General Terms and Conditions used by the Customer is expressly rejected;

1.1Should any provision of these General Terms and Conditions be void or annulled, this shall not affect the validity of the remaining provisions. The void or annulled provision will then be replaced by a new provision which is as close as possible to the apparent purport and intention of the void or annulled provision, but which can pass the judicial test;

1.1TrucksNL is authorised to amend these General Terms and Conditions at any time.

Article 2 : The Services

2.1TrucksNL aims to bring together suppliers and potential buyers of vehicles, machines and other items listed under Article 1.1 via its Website. In doing so TrucksNL merely plays a facilitating role. TrucksNL shall never become a party to an agreement between the Customer and a third party. TrucksNL shall therefore under no circumstances be responsible or liable for what is agreed between those parties or the consequences thereof. Where necessary the Customer shall indemnify TrucksNL against any claims by third parties with whom the Customer conducts business via TrucksNL. TrucksNL also sells one-off Services and products (such as the creation of corporate websites for third parties, online marketing campaigns and the provision of audiences and/or leads);

2.2Within its capabilities, TrucksNL takes the greatest possible care with the content of its Website. However, some of this content is provided and entered by third parties. TrucksNL cannot accept any liability for such information. The Customer or any other user of the Website is solely responsible for the accuracy, correctness and completeness of the information which he or she provides;

2.3Maintaining or improving the quality of the services provided requires periodic maintenance of the Website, which may lead to the temporary suspension of all or part of the Website. In such cases the Customer and third parties shall never be entitled to any compensation unless the problem is of such a long-term and structural nature that TrucksNL can reasonably be deemed to have permanently failed to fulfil its delivery obligations, in which case the Customer may claim a partial refund of the subscription fee. Under no circumstances shall compensation be payable for loss of business or income;

2.4TrucksNL may, at the request of and on behalf of the Customers, register a domain name. If the Customer fails to fulfil his obligations under the Agreement, including those under these General Terms and Conditions, TrucksNL shall be entitled to have the domain name changed, cancelled or deleted;

Article 3 : The method of using the TrucksNL service

3.1The Services of TrucksNL may only be used by means of a subscription, unless the parties expressly agree that it concerns a one-off service; The potential Customer can register for the desired package and/or a Service via the Website;

3.2By registering (digitally) as an interested party, the Customer does not yet commit himself definitively. However, the information he provides (including company name, contact person, e-mail address and telephone number) must of course be correct. Furthermore, the Buyer fully guarantees the accuracy of all information which he provides in his advertisement about the product to be offered;

3.3By signing the Agreement referred to in paragraph 4 below, the Customer implicitly indicates that it is authorised to enter into the Agreement and to provide data and, where necessary, has the consent of the ultimate decision-maker within his or her company to do so;

3.4Upon receipt of the application TrucksNL shall ensure that an Agreement is drawn up. Once this has been signed by both parties and returned in a correct manner, the purchased Service(s) shall commence. The Agreement may be signed in writing or digitally. The subscription starts as of the date agreed in the aforementioned Agreement. In the case of online subscriptions on the TrucksNL Website, the Agreement shall be deemed to have been concluded upon receipt of payment;

3.5TrucksNL shall at all times be entitled to refuse to enter into an Agreement or not to renew a current subscription, or to rescind a current Agreement, for reasons of its own which need not be disclosed to a (potential) Customer;

3.6Any personal or other information which TrucksNL may obtain via the Website concerning its contractual partner (with whom it has come into contact by means of a subscription) may only be used by TrucksNL for the purpose for which it was supplied. TrucksNL may not use such information for any other purpose.

3.7TrucksNL shall be entitled to shorten or modify the content of an advertisement where necessary. In the event that the Customer does not consent or TrucksNL is of the opinion that the text submitted is in conflict with the law, these General Terms and Conditions or the objectives of TrucksNL, TrucksNL shall be entitled to refuse or remove the text/advertisement, without thereby incurring any liability for compensation;

3.8The TrucksNL Website contains links to third-party websites. TrucksNL has no control over the content of such sites. Therefore TrucksNL does not accept any responsibility for their content.

3.9TrucksNL shall under no circumstances be responsible for the results resulting from any Service or Product which has been purchased, unless otherwise agreed in writing.

3.10TrucksNL excludes, as far as legally permissible, liability for any damage suffered by a Buyer due to:

  • Use of a specific Service;

  • Incorrect information on the Website;

  • Purchase of third-party services;

  • Changes to TrucksNL Services.

Article 4 : The duration of subscriptions and their cancellation

4.1A subscription is entered into for a minimum duration of one year, unless otherwise agreed in writing. The notice period is 2 months before expiry. After expiry of the notice period, the subscription is deemed to be automatically renewed for one year unless otherwise individually agreed by both parties.

4.2TrucksNL is entitled to change, limit or extend the subscription types. These include the functionalities and/or features offered.

4.3Cancellation of a subscription/service shall be effected in writing. Customer should send an e- mail to stop@trucks.nl formally cancelling the relevant service. In order for the process to run smoothly, it is advisable to include company details. Cancellation of the subscription/service does not entitle to credit for amounts already invoiced.

4.4Either party has the right to cancel the subscription with immediate effect without written notice of default or judicial intervention, if the other party becomes bankrupt, applies for a moratorium or otherwise loses free control over its assets.

Article 5 : Prices and payment

5.1The price of the Services depends on the subscription and/or the (one-off) Service selected. The Customer shall receive a monthly invoice, which must be paid on time, whether or not by direct debit by TrucksNL. Collection shall take place monthly around the tenth day of the month, unless the parties have agreed to payment on a quarterly or annual basis;

5.2When applying for a subscription the Customer may grant TrucksNL an authorisation for direct debit, valid until the end of the subscription. The Customer shall be required to ensure that sufficient funds are available in his designated direct debit account. If the direct debit fails, the Customer shall be in default from the day on which the agreed amount would normally have been collected;

5.3In the event that the subscription fees cannot be collected due to a cause for which the Customer is responsible, TrucksNL shall charge default interest equal to the statutory (commercial) interest. Such interest shall be due from the date of default. In such cases the Customer shall also be liable to a penalty of € 10 for each infringement of the payment conditions;

5.4If the Customer defaults on his payment obligations, all reasonable costs incurred by TrucksNL in obtaining payment, both judicial and extrajudicial, shall be for the account of the Customer. Such collection costs shall be calculated on the basis of the maximum rate under the Collection Costs Act (WIK). The extrajudicial costs will be at least € 100 per default;

5.5Fixed subscription fees and one-off fees are paid in advance, regardless of the type of subscription. The fee for any additional work and any other fees are collected monthly in arrears;

5.6In the event of the liquidation, bankruptcy or suspension of payments of the Customer, any outstanding amounts owed to TrucksNL by the Customer shall become immediately due and payable;

5.7In the event of default of payment, TrucksNL shall be entitled to discontinue the provision of services with immediate effect, without the obligation to pay thereby lapsing. Once payment (or arrears of payment) have been made, TrucksNL shall assess whether the provision of services can be resumed, possibly under further conditions;

5.8TrucksNL is entitled to change the prices of products at any time.

5.9Notwithstanding Article 5.8, TrucksNL shall be entitled to make changes of a technical or functional nature in connection with the Subscriptions without notifying the Customer, in so far as such changes, in the opinion of TrucksNL, do not result in material changes with regard to the Customer's Subscriptions.

Article 6 : Additional rules for products

6.1 Advertisements

6.1.1A single ad is published on the Website for 30 days. An ad placement from a subscription has a predetermined end date of publication.

6.1.2An advertisement placed on the Website is visible through all media that (may) display the Website, such as mobile phone applications. Advertisements may also be visible on external sites through optional and additional channels.

6.1.3Only one object may be offered in each advertisement. It is not allowed to offer several objects in one advertisement.

6.1.4If the object of the ad is sold, it should be removed.

6.1.5The text, features, pictures and price in the ad must be truthful to the product offered. It is not allowed to mention a down payment or a price per month (lease) in the price field. The listed price is the total amount excluding VAT. Photos must correspond to the product offered. Images from a catalogue are not permitted.

6.1.6Every advertisement must be assigned to the correct product group, category, subcategory and brand. If this is not complied with, TrucksNL reserves the right to remove the advertisement or adjust its categorisation and/or brand. It is not permitted to list other products, models and brands offered by the Customer.

6.1.7When composing an advertisement, TrucksNL shall be entitled to enrich it with additional data to make the product more findable or saleable. The Customer may use this information without obligation. No rights may be derived from the correctness of this information.

6.1.8You can promote ads additionally for a fee. Advertisements on TrucksNL are ranked by publication date by default. You can place ads back on the front page. TrucksNL calls this "upcalling". It is also possible to mark ads as top ads. The default ranking has no effect on this type of ad. Top ads rank above regular ads for a fixed period of time. "Up calling" an advertisement has a temporary effect. How long this effect lasts depends on the supply of new ads within the categorisation in which the ad is placed. A top position ad is valid for a period of seven full consecutive calendar days. To keep top position ads relevant for TrucksNL visitors, filters do affect the display. A listing page displays a maximum number of top position ads. If in a given period more than this maximum number of top position advertisements are eligible to be displayed, this will be rotated proportionally. If an object marked as a top position ad is sold faster than the duration of the top ad, the advertiser is not entitled to a refund. A top position advertisement may only be marked if the advertiser uses the TrucksNL Trade Management System.

6.1.9TrucksNL is entitled to change, limit or extend the advertising options, including but not limited to its functionalities and/or features.

6.1.10Additional Services may be offered by TrucksNL or third parties to visitors to TrucksNL via the Website, such as products, insurance or additional services offered by third parties.

6.2 Advertising subscription

6.2.1The amount of ads mentioned in the advertisement package is the maximum number of unique ads that can be placed per month. Numbers left unused cannot be carried over to a subsequent month. It is possible to increase or decrease the advertising subscription in the interim. After a reduction, a new subscription is entered into for the duration of at least one year.

6.2.2TrucksNL is entitled to change, limit or extend the forms of advertisements, including but not limited to their functionalities and/or features.

6.2.3TrucksNL is entitled to offer of the products and/or Services mentioned in Article 6 in packages which may be combinations of different products and/or Services.

6.3 Auction and lease advertisements

6.3.1The auctioning and leasing of a vehicle shall take place through a third party other than TrucksNL. TrucksNL shall never be a party to the agreement concluded between the Customer and this partner and shall never be liable for what is agreed between the two parties and the consequences thereof.

6.4 Trade Management System

6.4.1TrucksNL offers the Customer access to the Trade Management System (TMS) if the Customer purchases a Service for which access is relevant, such as an advertising subscription. Through TMS, the Customer has the ability to manage his stock. Customer can create, modify and delete advertisements. The Customer can also add/manage company information and contact details and opportunities, which are shown with their advertisements to visitors of the Website. From this application, the Customer can purchase additional Services against payment in order to promote the stock via TrucksNL and/or external sales websites. Through the TMS, the Customer is able to link a product stock to one or more affiliated sales websites. This can be done through various product forms:

  • Forwarding Stock Single;

  • Forwarding Stock Lite;

  • Forwarding Stock Full.

From a subscription, there is the possibility for the Customer to purchase additional promotional options.

6.4.2Publishing and promoting ads is possible with a TMS basic licence. Every advertiser with an ad subscription also gets their own company page on the Website. Advertisers can make adjustments to their company page via TMS. For example, it is possible to add contacts and contact options as well as edit and add various company presentation elements. This falls within the basic licence and is available to all advertisers free of charge. Publishing an ad on one sales website is possible from a Forwarding Stock Single subscription. With a Forwarding Stock Lite subscription, the ad can be published on three other sales websites then TrucksNL. When purchasing a Forwarding Stock Full subscription, advertisements can be published on any connected portal. There are several portals that do not charge a fee to publish your ads. Most portals do charge for this. These costs are not included in the product "Forwarding Stock Lite" or "Forwarding Stock Full". Depending on the chosen portal , costs are charged per ad or offer a subscription form that must be purchased with the portal in question. The Customer may upgrade his subscription at any time on a monthly basis by contacting the TrucksNL support department at info@trucks.nl.

6.4.3Upon cancelation of the subscription form by the Customer in accordance with the General Terms and Conditions, the currently running account with related advertisements will be deactivated. The Customer's company page on the Website shall also be deactivated immediately. TrucksNL may decide otherwise if the page offers added value for visitors. All characteristics about the client are reset. Trust elements such as the number of years the customer has been advertising on TrucksNL also. If the customer at some point in the future wants to advertise on TrucksNL again, the counters start again at zero. TrucksNL may make an exception if the Customer is temporarily out of stock with a maximum duration of one year from the time of cancellation.

6.5.1TrucksNL offers the Buyer the opportunity to promote advertisements outside the platform. This significantly increases the Customer's stock reach. Advertisements are displayed in social networks and/or in premium display networks of Google, among others. The Customer can make a selection of ads to be promoted based on:

  • Type of vehicle (based on platform categorisation)

  • Brand vehicle;

  • Year of construction vehicle;

  • Emission standard vehicle;

  • Mileage

Based on the Customer's selection, the most appropriate target group is chosen to whom the ads will be shown. This can be based on demographic and geographical characteristics whether or not combined with accumulated interest profiles of the potential buyers. Thanks to similar target groups, it is possible to reach new relevant traffic via the Social and Display networks. In addition, retargeting is an option. With retargeting, it is possible to reach platform visitors who have shown interest in product groups and/or (sub)categories again via image or text ads. Additional criteria can be added to this. Think of "brand" and "year of construction", but also based on "events" visitors do on the website. It is also possible for the Customer to retarget visitors who have shown interest in their stock with retargeting. The Customer can also choose to promote its entire stock through ad boosters.

6.5.2TrucksNL shall be entitled at any time to modify, limit or extend the selection criteria in order to achieve the agreed objectives with the Customer.

6.5.3Social Booster
Features and conditions:

  • Ads generate impressions on social networks like Facebook and Instagram.

  • Recommended minimum stock selection is 10 ads, but preferably more than 20 ads because of rotation for ad quality and optimisation.

  • The number of ads displayed at the same time is determined by the social network. At the time of writing, a maximum of 10 ads are placed in the ad template. This template is subject to change. Social networks may make adjustments to ad templates. When this happens, TrucksNL optimises the campaign(s) within a reasonable period of time.

  • Which ads are shown within the ad template initially occurs automatically based on the selection criteria. Then, based on the chosen campaign objectives, algorithms will automatically steer the campaign. This can be done on the basis of click frequency, conversion ratio and/or ad rotation, among other things.

  • If an ad is removed from the portal, it will normally no longer be shown in Social Booster within 24 hours. The product feed to which this Social Booster is linked is updated once daily. As a result, an ad may refer to an already sold/deleted item.

Social Booster variants

  • Private booster (stock of one Customer will be shown in campaign)

  • Shared booster (stock of multiple buyers is shown in campaign)

6.5.4Using historical data, algorithms and AI methodologies, a selection is made of how, to whom and where a social booster is shown. The selection is hereby aligned with following target group segmentation:

  • Demographic characteristics;

  • Interests;

  • Website behaviour;

  • Website visits

6.5.5The Customer may not derive any rights either from the criteria used by TrucksNL for the ad booster or from the selected online media channels and domains where the ad booster is displayed.

6.5.6When purchasing a private booster, the composition of the selection criteria can be adjusted at the initiative of the Customer no more than once every three months.

6.5.7Display booster
Features and conditions

  • Ads generate impressions in Google's premium display networks.

  • Recommended minimum stock selection is 10 ads, but preferably more than 20 ads because of rotation for ad quality and optimisation.

  • The number of ads displayed at the same time is determined by the ad templates in the display network. At the time of writing, a maximum of 20 ads are placed in the ad template. This template is subject to change. Display networks may make adjustments to ad templates. When this happens, TrucksNL optimises the campaign(s) within a reasonable period of time.

  • If an ad is removed from the portal, it will normally no longer be shown in Display Booster within 24 hours. The product feed to which Display Booster is linked is updated once daily. As a result, an ad may refer to an object that has already been sold/removed.

Display booster variants

  • Starter: Customer chooses 1 target country

  • Growth: Customer selects 3 target countries

  • Premium: The customer is advised on the basis of his stock and historical TrucksNL data in which countries it is best to advertise. In principle, the number of countries is unlimited.

  • Display boosters are always set up with the stock of one Customer.

6.5.8The Customer may not derive any rights either from the criteria used by TrucksNL for the ad booster or from the selected online media channels and domains where the ad booster is displayed.

6.5.9When purchasing a display booster, the composition of the selection criteria can be changed or target countries switched at the initiative of the Customer no more than once every three months.

6.6 Banners on TrucksNL, (re)targeting, personalization and online branding

6.6.1Banners on TrucksNL display a (dynamic) image in a selected location on TrucksNL. A banner can be displayed on the homepage, company page, results page, advertising page or in an e-mail alert. Segmentation is also possible on the basis of product group, product category and subcategory and filtering (such as brand).

6.6.2(Re)targeting involves displaying banners on external online media channels.

6.6.3With online branding, banners are displayed both on TrucksNL and on external online media channels.

6.6.4A banner is displayed on a Website according to the target audience selection. This selection is made on the basis of the following criteria:

  • Demographic characteristics;

  • Interests;

  • Website behaviour;

  • Website visits.

6.6.5Depending on the agreed terms, banners are displayed once or several times to the selected target group.

6.6.6The agreed number of displays is handled and guaranteed by TrucksNL. If the number of displays is not achieved within the agreed period, the duration will be extended free of charge until the agreed number of displays is reached.

6.6.7Banners may be realised by TrucksNL or the Customer himself. Banners must be delivered in HTML5 format. TrucksNL shall not be responsible for the quality and content of the banners if the Customer submits a banner in HTML5 or another file type.

6.6.8TrucksNL shall under no circumstances be responsible for the results. The Customer shall be entitled to keep his own records of results by means of a statistics program or may consult these via the statistics program made available by TrucksNL.

6.7 Company website

6.7.1When purchasing a company website, a modular website is created in the TrucksNL framework. A modular website shall comply with a fixed framework. The Customer may not deviate from the current modules, their composition or presentation.

6.7.2Unless otherwise agreed in writing, TrucksNL warrants that the realisation of the company website will be done to the best of its ability, with due care and skill.

6.7.3After the conclusion of the Agreement, TrucksNL will start work on the project as soon as possible and the corporate website will be delivered within a maximum of three months.

6.7.4The Customer himself is responsible for the delivery of all content within two weeks after acceptance of the Agreement. If the content is not submitted within the stipulated period, TrucksNL shall be entitled to fill text blocks with "Lorem Ipsum" filler text and images. TrucksNL assumes no liability for the correctness of the content and shall never be liable for the correctness of translated texts which are provided by DeepL.

6.7.5TrucksNL shall not be permitted to independently make any changes to the content provided by the Customer without the prior consent of the Customer, with the exception of changes which TrucksNL deems necessary for the proper realisation of the corporate website and which do not alter the essential content of the material.

6.7.6After delivery of the company website, Customer has two weeks to provide feedback. After this period, the company website is delivered as a final end product. If the Customer wishes to make adjustments to its website after this period, a new agreement must be concluded.

6.7.7It is possible that TrucksNL may have work done by third parties. Any related costs shall be for the account of the Customer, unless otherwise agreed. Costs shall be submitted to the Customer in advance, after which work shall be carried out within the agreed term after approval.

6.7.8TrucksNL is not responsible for the transfer of online content in the event of cancellation of the company website. The Customer himself must ensure timely storage of content before the company website is discontinued.

6.7.9TrucksNL endeavours to achieve uninterrupted availability of the systems and networks, and access to data stored by TrucksNL, but makes no guarantees in this respect.

6.7.10TrucksNL makes every effort to keep the software used up-to-date. However, TrucksNL is dependent in this regard on external supplier(s). TrucksNL shall be entitled not to install certain updates or patches if this would prevent the proper provision of the Company Website.

6.7.11TrucksNL shall make every effort to inform the Customer about the nature and expected duration of the interruption in the event of the unavailability of a company website, due to breakdowns, maintenance or other causes.

6.7.12TrucksNL will make itself available to provide a reasonable level of remote support during business hours.

Article 7 : Rules of conduct

7.1The Customer guarantees towards TrucksNL:

  • That the content of the advertisement to be placed by him does not conflict with Dutch laws and regulations, or, if the Customer is established abroad, that there is no such conflict with laws and regulations in the country of establishment of the Customer. The Customer furthermore guarantees that the text is not unlawful towards third parties;

  • That his text does not dishonour or harass (legal) persons;

  • That the content of their advertisements is entirely truthful and that the images are unedited, original and freely placeable;

  • That he will not harm the interests and honour and reputation of TrucksNL and will not misuse the Services of TrucksNL;

7.2The Customer expressly indemnifies TrucksNL against any third-party claim based on any infringement by the Customer of third-party rights under their intellectual property;

7.3The Customer is not allowed to sell, rent out or otherwise grant or transfer to third parties the use of any subscription and/or other rights under the Agreement with TrucksNL, whether for payment or free of charge, except with the express written consent of TrucksNL;

7.4The subscription is strictly personal. Under penalty of immediate cancellation and termination of the subscription, the Customer is not allowed to let others use it;

7.5Any Customer acting in contravention of these General Terms and Conditions may be excluded by TrucksNL from further use of the Website and other Services. This shall not affect the payment obligations under the subscription until the date on which the subscription would normally have ended. TrucksNL also reserves the right to take action against the Customer where necessary and to bring any infringements to the attention of the relevant authorities.

Article 8 : Intellectual property

8.1All intellectual property rights to TrucksNL, including (but not limited to) the Website, the texts and images thereon, the design, the data files, the audio material and the trademarks, are held by TrucksNL and/or its licensors;

8.2The intellectual property rights to texts unmistakably produced by or on behalf of Customers remain with the Customer or the producer, as the case may be;

8.3The Customer shall indemnify TrucksNL against any claim by third parties based on alleged infringement by the Customer of intellectual property rights of others;

8.4If there are any alleged infringements within the meaning of paragraph 3, it shall be the responsibility of the Customer and not TrucksNL to defend himself against them or to take action against the allegedly aggrieved party.

Article 9 : Force majeure

9.1TrucksNL shall not (any longer) be obliged to fulfil any obligation if it is prevented from doing so due to force majeure;

9.2Force majeure further precludes any dissolution of the Agreement by the Customer and its possible actions for damages;

9.3In these General Terms and Conditions the term 'force majeure' shall be understood to mean (in addition to the provisions of the law and jurisprudence) all external causes, whether foreseen or unforeseen, which are beyond the control of TrucksNL, but which prevent TrucksNL from fulfilling its obligations under the Agreement. This shall include any disruption of Internet traffic and any work stoppage at TrucksNL or its suppliers.

Article 10 : The complaints procedure

10.1If a Customer has any complaints regarding the Services and/or the Website of TrucksNL, he should make these known in writing to TrucksNL, but preferably by e-mail and in any case substantiated, at the e-mail address info@trucks.nl;

10.2TrucksNL shall respond to the substance of the complaint within 14 days at the latest. If the complaint is deemed founded, TrucksNL shall do everything possible to put the Customer in the position he would have been in had it not been necessary to submit a complaint.

Article 11 : Liability

11.1TrucksNL shall only be liable for damages if they result from intent or deliberate recklessness on its part. Damage in this context shall be understood to mean the costs reasonably incurred by the Customer:

  • To establish the cause and extent of damage;

  • To neutralise the damage-causing situation;

  • To prevent further damage or limit damage.

11.2TrucksNL shall never be liable for indirect damage such as, but not limited to, consequential damage, loss of profit, missed savings, damage due to business stagnation or damage due to loss of data;

11.3TrucksNL shall under no circumstances be liable for damages resulting from incorrect or improper use by the Customer of its Website and other facilities;

11.4In the event that TrucksNL is liable, such liability shall be limited to a maximum of the invoice amount for the duration of the Agreement. In the event of an Agreement with a duration of more than one year, liability shall be limited to a maximum of the amount invoiced over the agreed invoice period of up to one year;

11.5The Customer shall indemnify TrucksNL in full against any and all possible claims by third parties arising in any way from and/or in connection with information posted by the Customer on the Website. This includes any claim based on the assertion that the information posted infringes any intellectual property right of a third party.

Article 12 : Applicable law

12.1All Agreements or legal relationships of TrucksNL with any Customer or other party to which these General Terms and Conditions apply, shall be governed by Dutch law. This shall also apply if all or part of an obligation is performed abroad or if a Customer is established or resides abroad;y

12.2Any disputes arising between TrucksNL and a Customer which cannot be resolved by mutual agreement shall be submitted to the arbitral tribunal established by TrucksNL to be designated Dutch court, in principle that of Arnhem. Should they agree, the parties are also free to submit their dispute to a jointly chosen arbitration institute;

12.3The parties will not resort to the independent court until after they have done their best to settle their dispute by mutual agreement, if necessary with the involvement of a mediator.

General terms and conditions, version june 2024 ©Trucks.nl B.V.