Terms and Conditions
Wuunder Nederland BV
All our activities are subject to our general terms and conditions filed with the Chamber of Commerce under file number 65054253. These terms and conditions are available for inspection at our office, can be consulted at Wuunder Terms and Conditions and will be sent free of charge upon first request. In addition to the aforementioned general terms and conditions, with the exception of the arbitration clause, our forwarding activities are subject to the (most recent version of the) Dutch Forwarding Conditions (2004) of the Dutch organization for forwarding and logistics, filed, inter alia, at the court in Rotterdam . These conditions are available for inspection, can be consulted at http://www.wearewuunder.com/documents/NederlandseExpeditievoorwaarden_NL.pdf, and will be sent free of charge upon request. In the event of any dispute which conditions apply, the choice lies exclusively with us.
In these General Terms and Conditions, unless otherwise stated:
- Wuunder: Wuunder Nederland BV, located at Marconilaan 8, 6003DD in Weert. Wuunder is the user of these general terms and conditions.
- Client: The other party of Wuunder, being the sender or recipient of a shipment.
- Agreement: The service agreement, which is entered into by booking or changing a shipment online via Wuunder's app or website.
- Sender: Wuunder's client / contracting party.
- Carrier: The party set up by the client through Wuunder to provide the transport.
- Recipient: The person through the booking on the website is regarded as the recipient and / or client / contracting party in the event of changes in the services and / or carrier.
- Shipment: The declared and indicated transport unit (such as a document, package, pallet and / or general cargo, which is intended for the recipient and is provided with a transport document).
- Transport document: The data carrier (or combination of data carriers) present on the consignment, from which the specifications regarding the transport can be derived, such as address of sender and recipient, barcode and shipment number.
- Website: www.wearewuunder.com of www.wuunder.co of www.gowuunder.com of www.getwuunder.com
- App: Wuunder app, available on all possible platforms, such as iOS, Android, et cetera.
Article 2: General:
- Wuunder acts exclusively as a freight forwarder (and offers its services via app technology and internet protocols. Wuunder never acts as a carrier.
- In the event of any disputes about the capacity in which we act, we are exclusively authorized to make a choice.
- These General Terms and Conditions apply to every offer, quotation and agreement between Wuunder and a client, to which Wuunder has declared these conditions applicable, unless the parties have explicitly deviated from these conditions in writing.
- The General Terms and Conditions also apply to all agreements with Wuunder, in which third parties are involved for the implementation.
- Deviation from these General Terms and Conditions is only valid if expressly agreed in writing.
- Any purchase conditions or other conditions of the client are hereby expressly rejected. The nullity or nullification of any provision in these General Terms and Conditions does not affect any other part of these General Terms and Conditions. After destruction or nullity, Wuunder and the client enter into consultation in order to agree replacement provisions. When adopting the new provisions, the aim and scope of the original provisions are taken as the starting point for the drafting of the new provisions.
Article 3: Offers, prices and quotes:
- All offers made by Wuunder are without obligation and based on the information provided by the client, unless explicitly stated otherwise.
- All prices offered and agreed are based on the rates, wages, costs of social measures and / or laws, freight and exchange rates that apply at the time of offering or entering into the agreement.
- If one or more of the factors referred to in paragraph 2 change, the prices offered or agreed will also be adjusted accordingly and with retroactive effect to the time of the change. Wuunder must be able to demonstrate these changes.
- If all-in or fixed rates are charged by Wuunder, these rates must be regarded as rates including all costs that are generally borne by Wuunder during the normal settlement of the assignment. The use of all-in or fixed rates does not in any case lead to a change in Wuunder's performance as a freight forwarder.
- Unless otherwise stipulated, all-in and flat rates do not include at least: duties, taxes and levies, consulate and legalization costs, costs for drawing up bank guarantees and insurance premiums.
- For special services, unusual, particularly time-consuming or effort-requiring work, an additional reward, which can be determined in fairness, can always be charged.
- Unless otherwise indicated, the prices in offers and quotations made are exclusive of VAT and other government levies, as well as exclusive of any costs to be incurred in the context of the agreement.
- If the acceptance (even on minor points) deviates from the offer included in the quotation, Wuunder is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Wuunder indicates otherwise.
- If the recipient / client unilaterally changes the agreement, this in no way relieves the sender / client from its obligations.
- The recipient / client is obliged to bear / pay / pay the additional costs of the amended agreement, unless the sender explicitly states in the app or on the website that she will pay these costs.
- In case the recipient / client changes the agreement that as a result the price becomes lower than the agreed price with the shipper / client, Wuunder will convert the difference between the mentioned prices into Wuunder credits for the shipper / client and receiver / client for both parties. after deduction of administrative costs.
Article 4: Execution of the agreement:
- The agreement commences when the client has placed a transport order via the Wuunder app or website. By this action, the client ratifies the agreement and hereby accepts the General Terms and Conditions of Wuunder.
- The client is obliged to ensure that the consignment (s) is / are available at the agreed place and time.
- The client is obliged to ensure that the documents required for the receipt as well as for the dispatch, as well as the necessary instructions, are in the possession of Wuunder and / or the selected contractor / carrier in a timely manner. If the information required for the execution of the agreement has not been provided to Wuunder on time, Wuunder has the right to suspend the execution of the agreement and / or to charge the extra costs resulting from the delay to the client in accordance with the usual rates. .
- Wuunder is not obliged, but entitled, to investigate whether the statements made to it are correct and complete.
- The Client will also ensure that a correctly completed transport document is presented to the carrier upon loading of the goods, specifying the nature and size of the cargo corresponding to the freight forwarding order. This transport document will be signed by the client and - after the cargo has been checked by the carrier - by the carrier. The client will provide the transporter and Wuunder with a copy of the signed transport document.
- The Client shall ensure that the stowage of the cargo is carried out correctly by the carrier. If the client is of the opinion that this is not the case, he will immediately make a note on this in the transport document. After signing this document by both the client and the carrier, the client will provide a copy of the document to the carrier and to Wuunder.
- In the event of insufficient loading and / or unloading time - regardless of the cause thereof - all costs resulting from this will be borne by the client, even if Wuunder has accepted the transport document and / or the charter party, from which the extra costs arise, without protest.
- Extraordinary expenses and higher wages, which arise when transport companies load or unload during the evening, at night, on Saturdays, Sundays and public holidays under any provision in the relevant transport documents, are not included in the agreed prices, unless otherwise agreed. Such costs must therefore be reimbursed to Wuunder by the client.
- All manipulations such as checking, sampling, taring, counting, weighing, measuring, etc. and receiving them under judicial expertise, are only carried out at the express instruction of the client or the selected carrier and against payment by the client of the (extra) costs.
- Nevertheless, Wuunder and / or the selected carrier is entitled, but not obliged, to take all measures it deems in the interest of the latter on its own initiative at the expense and risk of the client.
- Wuunder and the selected carrier do not act as experts. For both, no liability arises from statements of condition, nature or quality of the goods, nor does Wuunder or the selected carrier assume any liability with regard to the agreement of samples with the batch.
Article 5: Liability:
- All actions and activities take place at the expense and risk of the client.
- Wuunder's liability to the client for any damage resulting from or related to the execution of the assignment is limited to that which is paid out under the liability insurance. If Wuunder is liable for any damage that is not covered by the liability insurance, Wuunder's liability is limited to the invoice value. This invoice value must be proven by the client. In the absence of an invoice value, the market value will apply at the time the damage arises.
- Wuunder is never liable for indirect damage, including loss of profit, consequential damage, missed savings or immaterial damage.
- If damage occurs for which Wuunder is not liable during the execution of the assignment, Wuunder will endeavor to recover the damage from the client from the person who is liable for the damage. Wuunder is entitled to charge the costs incurred thereby to the client. If requested, Wuunder will transfer its claims to the client for the execution of the assignment and third parties engaged by it.
- The client is liable towards Wuunder for damage suffered by the carrier as a result of the (nature of the) goods or their packaging, the incorrectness, inaccuracy or incompleteness of instructions and data, failure to provide documents and / or instructions or not to do so on time and the fault or negligence in general of the client and its subordinates and third parties engaged and / or employed by it.
- The client indemnifies Wuunder against all claims from third parties, including subordinates of both Wuunder and the client, that are related to the damage referred to in the previous paragraph.
- Wuunder, which does not transport itself, is also not liable as a carrier, even if all-in or fixed rates have been agreed, but only according to these conditions.
- Wuunder is not liable for damage of any kind, caused by Wuunder assuming incorrect and / or incomplete information provided by or on behalf of the client.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Wuunder or its subordinates.
Article 6: Force majeure:
- Wuunder is not obliged to comply with any obligation to the client if it is hindered to do so as a result of a circumstance that is not due to fault and is not at its expense by law, legal act or prevailing views. In these General Terms and Conditions, force majeure means, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or unforeseen, over which Wuunder can have no influence, but as a result of which Wuunder is unable to fulfill its obligations. . Strikes in the company of Wuunder or third parties included. Wuunder is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after Wuunder should have fulfilled its obligation.
- During the period that the force majeure continues, Wuunder can suspend the obligations under the agreement.
- If this period of force majeure lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
- All additional costs caused by force majeure, such as (extra) transport and storage costs, warehouse or site rental, demurrage and standing fees, insurance, results, etc., will be charged to the client.
- In the event that the sender and recipient are both clients, Wuunder is entitled, at its own discretion, with due regard for reasonableness and fairness, to distribute the costs incurred between the clients, respectively, sender and recipient.
- Insofar as Wuunder has at the time of the occurrence of force majeure partially fulfilled its obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, Wuunder is entitled to the part already fulfilled or to be fulfilled. to be declared separately. The client is obliged to pay this invoice as if it were a separate agreement.
Article 7: Complaints:
- Complaints about the work performed must be reported to Wuunder in writing by the client within 4 days after discovery, but no later than 6 days after completion of the work concerned. The notice of default must contain as detailed a description of the shortcoming as possible, so that Wuunder is able to respond adequately. In the absence of timely complaints, due to determination under art. 7: 900 BW any possibility to complain about the work done.
- If a complaint is well-founded, Wuunder will still carry out the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known in writing by the client.
- If it is no longer possible or useful to perform the agreed work, Wuunder will only be liable within the limits of Article 5.
- Wuunder is not bound by any indication by the client of a time of delivery.
- Times of arrival are not guaranteed by Wuunder, unless agreed otherwise in writing.
- If the selected contractors / carriers refuse to sign for quantity, weight, etc., Wuunder is not responsible for the consequences thereof.
Article 8: Imperative law:
- If the goods are delivered to the destination in the state in which they were made available with a delay, Wuunder is insofar as it has not itself performed the transport contract which it would conclude with another party, it is obliged to immediately inform the client which transport contracts it has in implementation of its commitment. It is also obliged to provide the client with all documents at its disposal or that it can reasonably provide, insofar as these can at least serve to recover damages that have arisen.
- The client will receive the rights and powers that would have accrued to it if it itself had entered into the contract as the sender, towards the person with whom Wuunder has traded, from the moment he has made it clear to Wuunder that he wants to address them. It may take legal action in this matter, submitting a statement to be issued by Wuunder - or in the event of its bankruptcy by its trustee - that an agreement to have it transported between her and Wuunder has been concluded.
- If Wuunder does not fulfill an obligation as referred to in the third paragraph, he will, in addition to compensation for damage that the client suffered as a result, owe compensation equal to the compensation that the client could have obtained from him if he contract that he had concluded himself, less the compensation that the client possibly obtained from the carrier.
Article 9: Payment:
- Payment must be made immediately upon booking by means of the agreed method of payment, i.e. a continuous automatic authorization or payment by (company) credit card, iDeal or within 14 days after the invoice date, in a manner to be indicated by Wuunder. currency in which is declared. Objections to (the amount of) an invoice do not suspend the payment obligation.
- The client is obliged to pay Wuunder immediately, in cash, the freight, duties, rewards, etc., upon arrival of goods to be received or the shipment of items to be sent, unless agreed otherwise in writing. The risk of currency fluctuations is at the expense of the client.
- In the absence of complaint or by payment of the invoice within 14 days after the invoice date, due to determination under art. 7: 900 BW any appeal to any dispute of the invoice and / or ascription for whatever reason and the agreement with the invoice is established.
- If the client defaults on payment within the term of 14 days or other agreed method and term of payment, the client will be in default by operation of law. The client then owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the claimable amount will be calculated from the moment that the client is in default until the moment of payment of the full amount.
- If the client does not meet his payment obligations in time, this will be determined by virtue of art. 7: 900 BW all judicial and extrajudicial costs incurred by Wuunder to collect the amount owed to it for the account of the client. Extrajudicial costs will in that case be determined by virtue of art. 7: 900 BW fixed at a flat rate at 15% of the amount to be collected.
- Wuunder has the right to settle overdue payments with available Wuunder credits from the client.
- In the event of the client's liquidation, bankruptcy, attachment or moratorium, the claims of Wuunder on the client are immediately due and payable and any Wuunder credits from the client are settled immediately.
- Wuunder has the right to have the payments made by the client go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal and accrued interest.
- Wuunder can, without being in default, refuse an offer for payment, if the client designates a different sequence for the allocation.
- Wuunder can refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
- The client is at all times obliged to reimburse or recover amounts owed by any government under this assignment, as well as to reimburse Wuunder for any related fines imposed.
- The client will at all times reimburse Wuunder for the amounts that are claimed or subsequently claimed as a result of incorrectly charged freight and costs from Wuunder in connection with the assignment.
- If the client cancels the assignment, Wuunder can charge cancellation costs of € 5,00 per assignment.
Article 10: Right of pledge and lien:
- Wuunder has a right of pledge and a right of retention against anyone, who requires delivery thereof, on all goods, documents and monies that Wuunder has or will have on its behalf and for whatever purpose, for all claims that it has against the client and / or owns or was allowed to receive. When forwarding the goods, Wuunder is entitled to take over the amount owed or to exchange it with attached abandonment documents.
- Wuunder can also exercise the rights granted to him in paragraph 1 for that which the client still owes him in connection with previous assignments. Wuunder is entitled to exercise the rights granted to him in paragraph 1, also for that which, by way of COD, affects the case.
- In the event of non-payment of the claim, the sale of the collateral will take place in the manner determined by law or - if there is agreement on this - privately.
Article 11: Cancellation:
- Unless otherwise agreed, fixed-term contracts after the expiry of the initial duration (of one year each) are automatically extended for the same duration, unless one of the parties terminates the agreement in writing no later than 2 (two) months before the end of the duration. . Agreements for an indefinite period can be terminated by either Party with due observance of a notice period of 2 (two) months.
- If the agreement is terminated by the client without observing the notice period referred to in paragraph 1, Wuunder is entitled to compensation for the loss of occupancy that can be made and can be made plausible, unless there are facts and circumstances underlying the cancellation that can be attributed to Wuunder. Furthermore, the client is then obliged to pay the invoices for work performed up to that time.
- If the agreement is terminated prematurely by Wuunder, Wuunder will arrange for the transfer of work still to be performed to third parties in consultation with the client, unless there are facts and circumstances underlying the termination that are attributable to the client.
- If the transfer of the work involves additional costs for Wuunder, these will be charged to the client.
Article 12: Suspension and dissolution:
- Wuunder is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if:
- the client does not or not fully comply with the obligations under the agreement.
- after the conclusion of the agreement Wuunder has been informed of circumstances that give good reason to fear that the client will not meet its obligations. If there is good reason to fear that the client will only partially or not properly perform, the suspension is only permitted insofar as the shortcoming justifies it.
- when the contract was concluded, the client was requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient.
- Furthermore, Wuunder is entitled to dissolve the agreement (or have it dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to the standards of reasonableness and fairness or if circumstances of such nature arise otherwise. that unaltered maintenance of the agreement cannot reasonably be expected.
- If the agreement is dissolved, the claims of Wuunder on the client are immediately due and payable. If Wuunder suspends fulfillment of the obligations, it will retain its rights under the law and the agreement.
- Wuunder always reserves the right to claim damages.
Article 13: Confidentiality:
- Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this is stated by the other party or if this results from the nature of the information.
- If, on the basis of a statutory provision or a court decision, Wuunder is obliged to provide confidential information to third parties designated by law or the competent court, and Wuunder cannot rely on a legal or recognized by the competent court in this regard. or permitted right of excuse, Wuunder is not obliged to pay compensation or compensation and the other party is not entitled to dissolve the agreement on the basis of any damage resulting from this.
Article 14: Security & Personal Data:
- Wuunder is obliged to make an effort to ensure proper security of the service. However, Wuunder is not liable for any damage on the part of the clients or third parties that is the result of insufficient security.
- The information provided by the client will be included in Wuunder's customer administration. These data are only used for administrative purposes and to send information to the client regarding products and activities of Wuunder. The data will not be used without prior notification to or, insofar as required by the relevant legislation regarding the protection of personal data, permission from the client for other purposes or provided to third parties, unless expressly agreed otherwise.
Article 15: Intellectual property and copyrights:
- Without prejudice to the provisions of these General Terms and Conditions, Wuunder reserves the rights and powers that Wuunder has under the Copyright Act.
- All documents provided by Wuunder, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced, made public, or made available by Wuunder without prior permission from Wuunder. brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
- Wuunder reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 16: Final provision:
Dutch law applies to all our activities. Disputes can only be submitted to the competent judge of the Limburg court. These general terms and conditions have been drawn up in different languages. In the event of any dispute about the content and / or purport, only the Dutch text and its interpretation under Dutch law will prevail at all times.
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