General Terms and Conditions for Client

These General Terms and Conditions (the Client Terms and Conditions) apply to every use of the website www.brenger.nl (the Website), and any subdomains, by Users acting in the capacity of Client. The Client Terms and Conditions also apply to all the services that are offered by us to Users acting in the capacity of Client. The Website is a platform for sending and transporting goods to and from private individuals and SMEs. The Website connects people who want to send something with people who want to transport something, offers insurance for the transport against damage and theft (up to €500,-), facilitates and guarantees payment, and verifies users to increase the reliability of the platform (the Service). Brenger B.V. (Brenger) can change the Client Terms and Conditions at any time. By using the Website, you agree that the latest version of the Client Terms and Conditions will always apply. Brenger must accept agreements that deviate from the Client Terms and Conditions in writing before they become valid.

Article 1 – General

The Client Terms and Conditions apply to persons who use the Website to place orders for the transportation of goods (Clients). Clients are also generally referred to as ‘Users’.

At your request, Brenger will send you the Client Terms and Conditions without charge. The Client Terms and Conditions are also available on www.brenger.nl.

If any part of the Client Terms and Conditions is void or voidable, this will not affect the validity of the remainder of the Client Terms and Conditions. The void or voided part will be replaced by a provision that aligns as far as possible with the content of the provision that is void.

Article 2 – Rules for using the Website

You may not use the Website in such a way that you violate Dutch or other applicable legislation or regulations. You may not distribute the following through the Website: – Pornographic films, images or other media with erotic content; – Texts or images that are offensive, racist, discriminatory or inflammatory; – Unsolicited advertising (spam); – Incorrect or misleading information; or – Viruses, malware, spyware or other software intended to cause damage to computers belonging to us or to other users. You may not create an account under someone else’s name or in any other way pretend to be someone else. You must keep the personal data obtained from other users confidential. In addition, you must not misuse this data. You may not approach any other users for purposes (commercial and otherwise) other than those for which the Website is intended. You may not place orders on the Website to send money, illegal goods such as weapons, drugs, etc., or dangerous, specific and/or perishable goods. Full responsibility and liability under all applicable legislation with respect to the transport of such goods lies with the Client. A person who arranges for such goods to be transported is at risk of being subject to criminal prosecution or other legal measures. Any fines or other damages arising from illegal, dangerous, specific and/or perishable goods for which the Client has arranged transport will be recovered from the Client. All communication prior to the execution of the Order should be conducted through the Website. It is therefore not permitted to exchange contact details (e.g. telephone numbers and e-mail addresses) through the message system. Orders with a collection or delivery address outside the Schengen Area countries will be removed from the Website. If you suspect a User of misusing the Website, you have an obligation to report this to Brenger.

Article 3 – The platform

The purpose of the Website is to provide a platform on which a transporter (the Carrier) and a client (the Client) can come into contact. The Carrier is prepared to transport movable goods (the Product) for the Client and the Client wishes to have movable goods transported and instructs the Carrier to do so. This creates a contract between the Carrier and the Client. Brenger and the Carrier expressly do not intend to enter into an employment contract within the meaning of Sections 610 et seq. and 690 et seq. of Book 7 of the Dutch Civil Code. Brenger and the Carrier explicitly wish to prevent the applicability of the fictitious employment relationship. Brenger is not a party to the contract between Carrier and Client. Brenger merely provides the platform and facilitates the contact between Carrier and Client. Brenger is not responsible for the agreements or fulfilment of the agreements between the Carrier and the Client. If a conflict arises between the Carrier and the Client, they themselves must resolve that conflict. Although under no obligation to do so, Brenger is prepared to act as mediator and is happy to help resolve a conflict.

Article 4 – The contract between Carrier and Client

Client and Carrier conclude a contract for the transport of goods within the meaning of Section 20 et seq. of Book 8 of the Dutch Civil Code (the ‘Transport Contract’). Brenger is not a party to the Transport Contract concluded between Carrier and Client. Brenger merely provides the platform and facilitates the contact between the Carrier and the Client, so that they can enter into a Transport Contract. The Carrier decides whether to enter into the Transport Contract with the Client. Brenger provides the written records and processing of the Transport Contract between Carrier and Client. On behalf of the Carrier, Brenger handles the invoicing of the Client by the Carrier, in the name and for the account of the Carrier. Brenger is not responsible for the agreements or fulfilment of the agreements between the Carrier and the Client. If a conflict arises between the Carrier and the Client, they themselves must resolve that conflict. Although under no obligation to do so, Brenger is prepared to act as mediator and is happy to help resolve a conflict.

Article 5 – The Order, guarantee and payment

The Order placed by the Client with the Carrier is concluded as soon as the Client has paid in advance through the Website and the Carrier has indicated that he or she wishes to carry out the Order that has been placed. Orders within the Netherlands and Flanders are guaranteed to be executed within 3 working days. Should there be no courier able to transport the Order on his or her route, we will carry out the Order ourselves in order to offer this guarantee.

Some transports are not guaranteed. These transport requests cannot be paid for in advance and are not covered by our damage insurance:

• The transport contains one or more items larger than 400x180x160 cm;
• The total volume of the transport is greater than 5 m³;
• The total weight of the item(s) is more than 200 kg;
• The transport is to a waste station;
• It involves food;
• It involves a trailer or piano;
• It involves an organism (plants/animals);
• The transport is outside the standard transport area: the Netherlands (excluding the Wadden Islands), Belgium, and Germany.

Following payment, the Client will receive a confirmation of payment by e-mail.

After the Client has paid, an e-mail is sent to the Carrier to say that his or her offer has been accepted. The Carrier then collects the Product at the agreed date and the agreed time. Once the Product has been delivered by the Carrier and receipt has been confirmed by the Client (or has been tacitly accepted 24 hours after confirmation of delivery by the Carrier), the Carrier will be paid.

If the Carrier accepts the Order, he or she thereby accepts full responsibility for the proper execution of the Order.

The Carrier organises his or her work independently and is completely independent in carrying out the Order. The Carrier will execute the Order at his or her discretion and without supervision or management by Brenger and/or the Client. The Client and/or Brenger can make suggestions and give instructions with respect to the result of the Order.

The Client accepts that all Orders concluded through the Website are subject to the transport agreement, as offered by Brenger to the Client when the Client accepts an offer from a Carrier (the Transport Contract). The Client has to accept this Transport Contract before the Carrier can be accepted.

Brenger and the Client explicitly agree that the Carrier can also carry out orders for other Clients.

The Client is responsible for providing correct and complete information regarding the Order.

The price of the Order shall be paid through Mollie Payments B.V., which collects payments on behalf of the Carrier.

Payment to the Carrier is made as set out in these Client Terms and Conditions, after deduction of the fee to Brenger.

The prices for the Service are listed on the Website. The Client pays Brenger 13% of the total price of the Service. The Carrier pays Brenger 8.7% of the total price paid by the Client.

Brenger can change the prices of the Service without prior notice. The applicable price is the price as given on the Website. No rights can be derived from previous prices.

All prices for the Service on the Website include VAT.

Article 6 – The Client and payment

If the situation for collection differs from that indicated by the Client in the Order placed, and is not by the front door on the ground floor, the Carrier has the right not to take the Product. If the Carrier does not collect the Product for this reason, the Carrier will receive half of the agreed payment (excluding the fee for Brenger) as a call-out fee. The Client will be refunded the other half of the agreed payment (excluding the fee for Brenger). The Carrier should telephone Brenger before leaving the collection location.

The Client is responsible for ensuring that the contact person for the collection address is present at the collection address between the agreed collection time and 15 minutes thereafter. If the contact person for the collection address is not at the collection address between the agreed collection time and 15 minutes thereafter, the Carrier has the right not to take the Product, after telephoning Brenger. However, the Carrier is obliged to telephone the contact person for the collection address at least twice if no one is there. In this case, the Carrier will receive half of the agreed payment (excluding the fee for Brenger) as a call-out fee. The Client will be refunded the other half of the agreed payment (excluding the fee for Brenger).

If the Carrier has a reasonable suspicion that the Product consists of one or more illegal goods, such as weapons, drugs, etc., and/or goods that may pose a danger to persons or property, then the Carrier has the right not to take the Product. The Carrier makes this decision at his or her discretion, without supervision or management by Brenger. In such a case, the Carrier can contact Brenger for a non-binding consultation.

If the contact person for the delivery address or the Client does not confirm within 24 hours after the agreed delivery time that the Product has arrived, Brenger will assume that the Product has been delivered and the Carrier will be paid.

Once the Product has been delivered by the Carrier and receipt has been confirmed by the Client (or has been tacitly accepted 24 hours after confirmation of delivery by the Carrier), the Carrier will be paid within 5 working days.

If the contact person for the delivery address or the Client states within 24 hours after confirmation of delivery by the Carrier that the Product has not been delivered, Brenger will investigate whether this is actually the case. If it is actually the case, no payment will be transferred to the Carrier.

The Client may cancel the Order up to 60 hours before the agreed collection time. In this case, the Carrier will not receive any payment. The Client will be refunded the full amount, excluding the fee for Brenger.

In the event of the Client cancelling within 24-60 hours before the agreed collection time, the Carrier is entitled to half of the agreed payment. The Client will be refunded the other half of the payment, excluding the fee for Brenger. In the event of the Client cancelling within 24 hours before the agreed collection time, the Carrier is entitled to 75% of the agreed payment. The Client will be refunded 25% of the payment, excluding the fee for Brenger.

If the Carrier cancels the Order, the Client will be refunded the full amount. Brenger will then help the Client to find a new Carrier, if desired.

If the Carrier indicates within 24-48 hours or longer before the agreed collection time that he or she can no longer execute the Order and cannot arrange another collection time with the Client, the Carrier must pay €25 in compensation to the Client through Brenger. The Client can use this compensation to find another Carrier for the Order, if desired. If the Carrier indicates within 24 hours before the agreed collection time or later that he or she can no longer execute the Order and cannot arrange another collection time with the Client, the Carrier must pay €50 in compensation to the Client through Brenger. The Client can use this compensation to find another Carrier for the Order, if desired.

Article 7 – Availability of the Website

Brenger does its utmost to ensure that the Website is available. Brenger does not guarantee that the Website will work faultlessly and will always be available. Brenger is therefore not liable for damage suffered if the Website does not work or does not work securely.

Article 8 – User account

You must protect your account login details from others and keep your password strictly confidential. Brenger assumes that everything that happens on or with your account is done by you or under your supervision. If you think or know that your account is being abused, you should report it as soon as possible to Brenger. Brenger will do everything it can to help you stop any abuse. You can delete your account at any time without charge.

Article 9 – Prices

If you need to pay for part of the Service, Brenger will state this clearly on the Website. All prices for the Service include VAT. Users can earn discounts by sharing Brenger with friends and family. When others use their personal discount code, the user receives a credit for a future Order. If the discount code is entered on a website for sharing discount codes, the balance accrued will be invalidated and deleted from the account.

Article 10 – Exclusion

If Brenger considers that you have violated the law or these Client Terms and Conditions, Brenger can exclude you wholly or partially from the Service. Brenger can also exclude you wholly or partially from the Service if you fail to pay on time or at all.

Brenger can exclude you from the Service by, for example:

• Deleting your account;

• Blocking you from parts of the Service.

Article 11 – Liability

Brenger is not liable for any direct or indirect damage you may suffer from using our Website or Service. For example, Brenger is not liable for:

Damage suffered by the User due to incorrect information on the Website;

The conclusion and execution of contracts between the Carrier and the Client through the Website;

The proper functioning of links and hyperlinks on the Website;

Situations in which the User’s mobile device is stolen and a third party subsequently uses the Website or Service by means of the User’s mobile device;

Any damage or change to the User’s device as a consequence of using the Website or Service; and

Brenger’s failure to comply with the obligations in these Client Terms and Conditions if the failure is due to events beyond Brenger’s reasonable control.

Brenger has no influence on the information that Users post on the Website or the information exchanged between Users. Brenger is not liable for this information. Brenger is also not liable for incomplete or incorrect information as a result of incorrect transmission of this information.

Brenger will not actively monitor the information that Users can post on the Website. Brenger can delete information from the Website following notification, if that information is illegal, conflicts with these Client Terms and Conditions or is in any other way inappropriate. Click here to see our notice-and-take-down policy.

Article 12 – Confidentiality

Brenger is obliged to keep all your confidential information strictly confidential. Brenger understands ‘confidential information’ to be all information that you have indicated as confidential or of which the confidentiality arises from the nature of the information.

Article 13 – Privacy

Brenger respects your privacy and complies with the new European legislation, the General Data Protection Regulation. If you use our Website and our Service, we will collect specific personal data from you. In our privacy policy, you can see what personal data we collect and what we use it for. You can find our privacy policy here: https://brenger.nl/en-nl/privacypolicy.

Article 14 – Conflict resolution

Brenger is not obliged to assist in the event of conflicts between Carrier and Client. However, Brenger will, of course, try to help in resolving such conflicts.

Article 15 – Disputes

If a dispute arises between you and Brenger, Dutch law applies. In that case, the District Court of Amsterdam is competent to rule on the dispute.