Terms and conditions

Table of contents

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 the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Continuing performance contracts: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 17 – Retention of title
Article 18 – Liability and force majeure

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the cooling-off period is 30 calendar days, starting from the day after the consumer, or a third party designated by the consumer, receives the product.
2. Business customer / B2B customer: a legal entity or natural person acting in the exercise of a profession or business.
3. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur;
4. Day: calendar day;
5. Continuing performance contract: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
6. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
7. Right of withdrawal: The right of withdrawal can be exercised within the 30-day cooling-off period without giving reasons. The consumer does not have to pay a penalty, and the entrepreneur must refund the full purchase amount, including any shipping costs, within 14 days of receiving the withdrawal notice.
8. Model form: The model withdrawal form is available on our website and can be requested by email if desired. The consumer can fill out this form and return it to us to exercise the right of withdrawal.
9. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
10. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
11. Technique for distance communication: Techniques for distance communication include, for example, communication via the website, email, telephone, or other digital channels that make it possible to conclude the distance agreement without physical presence.
12. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

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

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

Article 3 – Applicability

1. Before a distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer, either via the website or by email. If this is not reasonably possible, it will be indicated beforehand where the terms and conditions can be viewed and that they will be sent free of charge upon request on a durable medium.
2. These terms and conditions also apply to business customers (B2B customers), except where explicitly stated otherwise. The legal right of withdrawal does not apply to B2B.
3. If specific product or service conditions also apply in addition to these general terms and conditions, the conditions most favorable to the consumer shall prevail.
4. If one or more provisions in these general terms and conditions are void or annulled, the remainder of the agreement and terms and conditions shall remain in force.
5. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded and orders placed between the entrepreneur and the consumer.
6. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement, unless otherwise agreed.
5. Images accompanying products are a true representation of the products offered. Entrepreneurs cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
   • The price including all applicable taxes (such as VAT) and any extra costs, such as administration, shipping, or processing fees.
   • Any shipping costs, including information about free shipping or other promotions, if applicable.
   • The manner in which the agreement is concluded, the necessary actions by the consumer (such as confirming the order), and any options to check and correct the order beforehand.
   • Whether the right of withdrawal applies, and if so, the conditions under which this right can be exercised, including the period 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 pickup).
   • The period for accepting the offer and the period during which the entrepreneur guarantees the price, including any expiration date of the offer.
   • The amount of any costs for distance communication, such as telephone costs, if they differ from the regular basic rate for the communication method used.
   • Whether the agreement is archived and, if so, how the consumer can consult it, for example via the customer account or by email.
   • The possibility for the consumer to check and, if necessary, correct the data provided before concluding the agreement, for example via a ‘view and edit’ function on the website.
   • The other languages in which the agreement can be concluded, besides 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 agreement, if applicable, for example in the case of subscription services or long-term delivery contracts.

Article 5 – The agreement

1. 1. The agreement is concluded at the moment the consumer accepts the offer from the entrepreneur and meets the conditions set, unless otherwise provided in paragraph 4 of this article.
   2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. The consumer can dissolve the agreement as long as the entrepreneur has not yet confirmed the receipt of the 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take the necessary security measures to ensure a safe payment environment.
   4. Within the legal framework, the entrepreneur may inform themselves about the consumer’s ability to pay, as well as other relevant facts and circumstances that may influence a responsible and careful execution of the distance agreement. If, based on this information, the entrepreneur has good reasons not to enter into the agreement, they have the right to refuse the order or application or to attach special conditions to it.
   5. Upon delivery of the product or service to the consumer, the entrepreneur will provide the following information, in writing or in another durable manner so that it can be stored by the consumer in an accessible way:
   6. The entrepreneur will include 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 entrepreneur’s business location 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 warranties and existing after-sales service;
      • the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data 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 of indefinite duration.
   7. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
   8. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

The right of withdrawal applies exclusively to consumers as defined in article 1. Business customers (B2B customers) cannot use the right of withdrawal or the right of return, unless explicitly agreed in writing with Truckned.

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they must return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days after receiving the product. The consumer must do this using the model form. After the consumer has made it known that they wish to exercise their right of withdrawal, they 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.
4. If the consumer has not made it known that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 30 days, starting on the day of entering into the agreement.
2. To exercise their right of withdrawal, the consumer will follow 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

This article applies exclusively to consumers as defined in article 1 and does not apply to business customers (B2B customers).

1. If the consumer exercises their right of withdrawal, they will bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. A condition is that the product has already been received by the entrepreneur, or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

1. 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, or at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been manufactured by the entrepreneur according to the consumer’s specifications;
   • that are clearly personal in nature;
   • that by their nature cannot be returned;
   • that can spoil or age quickly;
   • the price of which is subject to fluctuations on 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.
3. 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;
   • the delivery of which has begun with the explicit consent of the consumer before the cooling-off period has expired;
   • concerning bets and lotteries.

Article 9 – The price

1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. 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.
5. The prices mentioned in the offer of products or services are exclusive of VAT.
6. 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 – Conformity and warranty

1. 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 existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Returns of products must take place in the original packaging and in new condition.
4. 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 legal rights under Dutch law, such as the right to a sound product.
5. Return costs are at all times for the consumer’s account, even in the case of a warranty claim. If a product is covered by warranty after assessment, the entrepreneur will offer a replacement product or repair, but the costs for shipping remain for the consumer’s account.
6. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions, or are otherwise handled carelessly, or handled in violation of the entrepreneur’s instructions and/or the instructions on the packaging;
   • the defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of a ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur’s account.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
8. If the consumer chooses a delivery option where the package is left without a signature (‘permission to leave’), 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.
9. If a package is not collected from the pickup point within the period set by the carrier, it will be automatically returned to All Day Led. In that case, you will receive a refund of the purchase amount paid, minus a return and handling fee of €9.95. This fee covers the costs for return shipping, processing, and administration. The fee will be automatically deducted from the amount to be refunded. You will receive a notification about this by email.

Article 12 – Continuing performance contracts: duration, termination, and extension

Termination

1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, with due observance of the agreed termination rules and a notice period of at most one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or in a specific period;
   • at least in the same way as they were entered into by them;
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, provided that the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most 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.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. 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 case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In case 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

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Should a solution still not be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both entrepreneur and 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 concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its choice, either replace or repair the delivered products free of charge.
8. Complaints must always be submitted to the entrepreneur within a reasonable period, and preferably within 7 days after delivery of the product or execution of the service, unless otherwise agreed.
9. The consumer is responsible for the costs of the return shipment, both for complaints and warranty cases. The costs for the return shipment are for the consumer’s account, unless otherwise agreed or if the complaint is found to be well-founded. In that case, the entrepreneur may, at its choice, bear the costs of the return shipment.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, regardless of the country where the consumer resides or where the agreement is concluded. This provision applies to all disputes arising from or related to the agreement and its execution.
2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this agreement, regardless of the country of origin of the consumer or the entrepreneur.
3. If a dispute arises that cannot be resolved through mutual consultation, the consumer can turn to Stichting WebwinkelKeur 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 deviating provisions

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 in an accessible way on a durable medium.

Article 17 – Retention of title

1. All products delivered by Truckned remain the property of Truckned B.V. until full payment, including any additional costs, has been made by the consumer.
2. As long as ownership has not passed, the consumer may not pledge, resell, or otherwise encumber the products.
3. In case of bankruptcy or suspension of payment of the consumer, Truckned is entitled to take back the products.

Article 18 – Liability and force majeure

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

Disclaimer:
The information on this website is for general information purposes only and can be changed at any time without prior notice. Although Truckned B.V. takes the greatest possible care regarding the accuracy and completeness of the information provided, it cannot be guaranteed that the content is at all times error-free, complete, or up-to-date. Truckned B.V. accepts no liability for any direct or indirect damage, of whatever nature, arising from the use of or reliance on the information provided. The texts on this website are largely written by external freelancers. Although the copyright remains with these copywriters, they give permission prior to the assignment for any textual changes or adjustments by Truckned B.V., if necessary for publication on the website.

Privacy Statement:
Our privacy statement applies to the processing of personal data, which can be found on the Privacy Policy page.

Model withdrawal form

(Only fill out and return this form if you wish to withdraw from the agreement.)
To:
Truckned B.V.
Fabrieksweg 3c
5531 PP Bladel
The Netherlands
Email: info@truckned.nl

I/We hereby give notice that I/we withdraw from the agreement concerning:

• The purchase of the following goods / the delivery 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: ____ / ____ / ______
(*) Delete as appropriate.