Article 1. Definitions and applicability
In these General Terms the following definitions apply:
- Trucks.nl: The online platform Trucks.nl and its associated websites, on which the supply and demand with regard to new and used trucks, trailers, machines, cars, company cars, vans and similar products are brought together;
- Services: the services of Trucks.nl. On the Trucks.nl website the Counterparty can for instance place adverts with regard to the products offered for sale as well as applying for, maintaining and managing domain names via SIDN as well as other forms of applications for various services;
- Agreement: the agreement between Trucks.nl and its Counterparty on the basis of which Trucks.nl offers its Services to the Counterparty;
- Website: the www.trucks.nl website;
- Counterparty: the natural person or legal entity with whom the agreement will be entered into or who uses the Services of Trucks.nl.
- When the Counterparty sends his registration for the Services of Trucks.nl, this is regarded as an agreement with the applicability of these General Terms.
- Stipulations deviating from these General Terms are only possible if this has been explicitly agreed in writing. The applicability of any general conditions used by the Counterparty is explicitly rejected.
- In the event that any provision of these General Terms is invalid or is annulled, the other provisions will remain fully in force and the invalid or annulled provision(s) of these General Terms will be replaced by (a) new, legally allowed provision(s) whereby the aim and purport of the invalid or annulled provision(s) are taken into account as much as possible.
- Trucks.nl reserves the right to amend these General Terms.
Article 2. Service provision
- Via its websites Trucks.nl is attempting to bring together parties demanding and supplying means of transport, machines and other items. In doing this Trucks.nl only has a facilitating role: Trucks.nl will never be a party to any agreement entered into by the Counterparty and any other party (for instance a buyer) by using the Services of Trucks.nl. Therefore Trucks.nl cannot be held responsible in any way for what is taking place between the Counterparty and another party.
- Trucks.nl devotes the greatest possible care to the content of its website. However, some information on the website has been provided by third parties. Trucks.nl does not accept any responsibility for this information. The Counterparty and any other users are themselves responsible for the accuracy, correctness and completeness of the information they provide.
- In the event that this is necessary for the maintenance or the quality of the service provision, Trucks.nl will be entitled to shut the website down temporarily or to reduce the use of the website without prior notification, without this creating any right of the Counterparty to compensation. This provision also applies when the website is temporarily out of use through no fault of Trucks.nl.
- Trucks.nl can register a domain name with SIDN for the benefit of the Counterparty. If the Counterparty does not fulfil his obligations under these General Terms, Trucks.nl will be entitled to have the domain name altered, cancelled or terminated.
Article 3. Use of Services
- The Services of Trucks.nl are used on the basis of subscriptions. The Counterparty can register via the website and select the type of subscription he requires.
- By sending the registration form the Counterparty guarantees that all details, including but not limited to the name, address details, e-mail address and bank account number which must be provided in connection with the Services to Trucks.nl, are complete, accurate and up to date. The Counterparty must ensure that the information in the advert placed or to be placed corresponds with the reality and that it is therefore accurate and complete.
- By placing the advert and/or providing the details to Trucks.nl the Counterparty declares that he is entitled or has consent to do so.
- After having received the registration form Trucks.nl will arrange as soon as possible that the details of the Counterparty are placed on the website. After this the Counterparty can place his offer on the website of Trucks.nl. The subscription commences at the moment that Trucks.nl places the advert on the website.
- Trucks.nl reserves the right to refuse a registration of a Counterparty without being obliged to state any reasons.
- The (personal) details obtained via the website by the Counterparty may only be used for the purpose for which they have been provided. It is not allowed to process these details for any other purpose, including any form of unsolicited communication.
- Trucks.nl is entitled to abbreviate or change the texts in an advert of the Counterparty. Trucks.nl also reserves the right to refuse and/or remove any adverts if the advert is in contravention of these General Terms or is not in line with the purpose of Trucks.nl, without this being able to lead in any way to any right of the Counterparty to compensation.
- Trucks.nl includes references to websites of third parties. Trucks.nl has no power whatsoever over (the content of) these websites and is not at all responsible for the content of these websites.
Article 4. Term of the subscription, termination
- The subscription is entered into for the period of one (1) year. After the expiry of the agreed period the subscription will each time be tacitly extended for the duration of the same period unless either party gives notice of termination of the subscription at the latest two (2) months before the agreed period.
- Notice of termination of the subscription takes place in writing. Termination does not create an entitlement to a refund of amounts already paid.
- The parties are entitled to terminate the subscription with immediate effect without a written notice of default or judicial intervention being required if the Counterparty is bankrupt, has applied for and/or has obtained a moratorium or has otherwise lost the power to dispose of his assets.
Article 5. Rates and payment
- The rates differ according to the subscription selected. The Counterparty will receive a monthly invoice which will be collected by means of a direct debit. The account will be debited on the tenth day of every month. By way of derogation from this payment per quarter or per year can be agreed.
- Upon application of the subscription the Counterparty must provide Trucks.nl with authorisation for a direct debit. This authorisation is effective until the termination of the subscription. The Counterparty is obliged to ensure that there is a sufficient balance in the account and that the direct debit is successful. If the direct debit is unsuccessful, the Counterparty will be in default from the date that the amount would have been normally received by Trucks.nl.
- If the costs cannot be collected through the actions of the Counterparty, Trucks.nl will charge interest for overdue payment equal to the statutory interest which will be due from the moment that the Counterparty is in default until the moment of collection, as well as a fine of €10 for each time that the Counterparty is in default.
- If the Counterparty fails to fulfil his obligations or is in default of his payment obligations, all the reasonable costs of obtaining payment - in and out of court - will be at the expense of the Counterparty. In any event the Counterparty will owe debt collection costs with regard to a monetary claim. The collection costs will be charged in accordance with the debt collection rate as recommended by the Netherlands Bar Association for debt collection cases. If Trucks.nl has incurred higher costs which were reasonably necessary, these costs will also be at the expense of the Counterparty, as well as any court and execution costs incurred.
- The regular subscription costs are collected in advance. The fee for extra activities and any other fees will be collected monthly in arrears.
- In the event of winding-up, bankruptcy or a moratorium of the Counterparty the claims of Trucks.nl and the obligations of the Counterparty towards Trucks.nl will become immediately due and payable.
Article 6. Rules of conduct
- The Counterparty guarantees:
- that the content of the advert placed or to be placed by him is not in contravention of the laws and regulations applicable in the Netherlands, or is not wrongful;
- that by placing this advert he is not acting discourteously towards people or harassing anybody;
- that the content of the advert placed by him is completely based on the truth and that illustrations in the advert are unedited and original;
- that he will not prejudice the interests and good name of Trucks.nl. The Counterparty states that he will not abuse the Services of Trucks.nl.
- The Counterparty is not allowed to sell, rent out or otherwise allow the use of or transfer his subscription and/or others rights arising from this Agreement to any third parties, unless the Counterparty has obtained to this end the explicit and written consent of Trucks.nl.
- The subscription is strictly personal. The Counterparty is not allowed to let third parties use the subscription.
- A Counterparty who acts in contravention of these General Terms can be excluded by Trucks.nl from further use of the website and the Services. All this applies notwithstanding the right to claim full performance of the payment obligations, to take further measures and, if necessary, to report the conduct of the Counterparty to the competent authority.
Article 7. Intellectual property
- All intellectual property rights with regard to Trucks.nl including but not limited to the website, the texts, illustrations, design, data files, audio material and trademarks are vested in Trucks.nl and/or its licensors.
- The intellectual property rights with regard to the materials (adverts and/or other messages) which have been provided unequivocally by the Counterparty or a user of the website, remain vested in the Counterparty or the user of the website.
- If the copyrights, trademark rights or other rights in adverts placed are infringed, it will be up to the aggrieved party (advertiser, the Counterparty) to take action towards the parties who infringed his or its rights. Trucks.nl has nothing to do with this, is therefore not a party and plays no role in this.
Article 8. Force Majeure
- Trucks.nl is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.
- Force majeure does not entitle the Counterparty to dissolve the Agreement or to compensation.
- The term force majeure in these General Terms means - apart from what it means in legislation and case law - any external causes whether or not foreseen which are beyond the control of Trucks.nl but which cause Trucks.nl to be unable to fulfil its obligations. This includes failures with regard to the availability of the internet and work strikes in the business of Trucks.nl or of third parties.
Article 9. Complaints
- If the Counterparty has a complaint with regard to Trucks.nl, the Services or the website, the Counterparty must make this complaint known in writing stating the reasons via info@Trucks.nl.
- Trucks.nl will respond within 14 days after having received the written complaint. If the complaint is justified Trucks.nl will do its utmost to remedy the situation for the benefit of the Counterparty.
Article 10. Liability
- Trucks.nl is only liable for direct loss as a result of the intent or gross negligence on the part of Trucks.nl. The term direct loss in these General Terms means the costs which the Counterparty reasonably had to incur to ascertain or remedy, as well as reasonable costs to prevent or restrict such loss and reasonable costs to ascertain the cause and extent of it.
- Trucks.nl will never be liable for indirect losses including consequential losses, lost profits, missed savings and losses caused by operational delays and losses due to lost data.
- Trucks.nl cannot be liable if technical facilities with regard to the website are circumvented by the Counterparty and/or third parties.
- If Trucks.nl is liable for loss, the liability will at all times be limited to the amount to which the Agreement relates. If the Agreement has a term of more than one year, Trucks.nl’s liability cannot exceed the invoice amount of one periodic invoice.
- The Counterparty shall indemnify Trucks.nl fully against all possible claims by third parties arising in any way from and/or are in any way connected to the information placed on the website by the former. This also includes any claim based on the statement that the information placed infringes any intellectual property right of third parties.
Article 11. Applicable law
- All agreements or legal relationships of Trucks.nl and the Counterparty to which these General Terms are applicable are governed by Dutch law even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship lives abroad.
- All disputes between Trucks.nl and a Counterparty which might arise and on which no solution can be reached in mutual consultation, will exclusively be submitted to a competent court to be appointed by Trucks.nl. Nevertheless, the parties will be entitled to submit the dispute to an independent arbitration body.
- The parties will rely on the court only after they have done their utmost to settle any dispute in mutual consultation.
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