Terms & Conditions

Article 1 — Definitions

In these Terms & Conditions the following definitions apply:

1. Platform — The website hartvoortransport.com and the associated web application app.hartvoortransport.nl, including all subdomains and services, operated by Hart voor Transport.
2. Hart voor Transport — The company Zipload B.V., established at Jan van Krimpenweg 73, 2031 CH Haarlem, registered with the Dutch Chamber of Commerce under number 42078890, trading under the name Hart voor Transport.
3. Client — The natural person or legal entity that places a transport order or requests a quote via the Platform.
4. Courier / Carrier — The self-employed entrepreneur or transport company that carries out transport orders via the Platform, whether one of our own couriers or a vetted partner courier.
5. Business customer — The natural person or legal entity that offers freight to available couriers via the Platform.
6. Job / Transport order — The order to transport goods from a collection address to a delivery address, with or without intermediate stops.
7. Agreement — The agreement between the Client and Hart voor Transport, or between the Client and the Courier, relating to the performance of a Transport order.
8. Parties — Hart voor Transport and the Client, Courier or Business customer collectively.

Article 2 — Applicability

1. These Terms & Conditions apply to all offers, quotes, agreements and services of Hart voor Transport, as well as to any use of the Platform.
2. By using the Platform or by placing an order, you accept these Terms & Conditions.
3. Deviations from these terms are only valid if they have been expressly confirmed in writing by Hart voor Transport.
4. The applicability of any purchasing or other terms of the Client is expressly rejected.
5. If one or more provisions in these terms are void or annulled, the remaining provisions remain in full force.

Article 3 — Nature of the service: dispatching platform

1. Hart voor Transport carries out transport using both its own couriers and a vetted network of partner couriers, and coordinates these via its dispatching platform. Where transport is carried out by a partner courier, that courier, as a self-employed entrepreneur, is responsible for performing the transport order.
2. The actual transport is carried out either by our own couriers or by a partner courier, who as a self-employed entrepreneur is responsible for performing the transport order.
3. Hart voor Transport makes every effort to offer dependable and qualified couriers, but does not guarantee the availability or performance of individual couriers.
4. Where Hart voor Transport, or a courier acting on its behalf, carries out the transport, Hart voor Transport acts as carrier and the statutory provisions on carrier liability (AVC for domestic road transport, CMR for cross-border road transport) apply.

Article 4 — Formation of the agreement

1. All offers and quotes of Hart voor Transport are without obligation, unless expressly stated otherwise.
2. An agreement is formed at the moment that:
   • the Client confirms an order via the Platform, by email or by telephone; and
   • Hart voor Transport has confirmed the order in writing (including by email or WhatsApp).
3. The price indication via the price calculator on the website is an indicative estimate. The final price may differ based on actual distances, waiting times, additional stops and special circumstances.
4. Hart voor Transport reserves the right to refuse an order without stating reasons.

Article 5 — Prices and payment

1. All prices stated on the Platform and in quotes are exclusive of VAT, unless expressly stated otherwise. For B2B clients outside the Netherlands, VAT may be reverse-charged where applicable.
2. The price is determined based on the chosen vehicle type, the distance to be driven, the number of stops and any additional services (waiting time, extra loading time, evening/weekend surcharge).
3. Payment terms:
   • Private clients: payment within 14 days of the invoice date.
   • Business clients: payment within 30 days of the invoice date, unless otherwise agreed.
4. In the event of late payment, the Client is in default by operation of law. Hart voor Transport is entitled to charge the statutory (commercial) interest from the due date.
5. All extrajudicial collection costs are for the account of the Client, with a minimum of 15% of the outstanding amount (with a minimum of €40).
6. Hart voor Transport is entitled to request a deposit or full advance payment, in particular for new clients or high-value orders.
7. Payment is made in the manner indicated by Hart voor Transport, including bank transfer or online payment.

Article 6 — Performance of the service

1. Hart voor Transport will make every effort to carry out, or arrange the carrying out of, the transport order properly and within the agreed time frame.
2. Stated delivery times are indicative and never count as a strict deadline, unless expressly agreed otherwise in writing.
3. Hart voor Transport has the right to engage third parties (couriers) for the performance of the transport order.
4. The Client is informed as soon as possible of any delays or changes in the performance of the order.
5. Hart voor Transport is entitled to suspend the performance of the order if the Client does not meet its obligations.

Article 7 — Obligations of the Client

The Client is obliged to:

1. Provide correct and complete information about the goods to be transported, including nature, weight, dimensions and any particulars (fragile, temperature-sensitive, hazardous substances).
2. Provide correct collection and delivery addresses, including any contact persons and availability details.
3. Ensure that the collection and delivery location are readily accessible for the agreed vehicle type. If the vehicle cannot load or unload due to circumstances for which the Client is responsible, waiting-time costs may be charged.
4. Have the goods ready for collection at the agreed time.
5. Package the goods properly, suitable for the intended transport.
6. Provide any documents or permits required for the transport.
7. Inform Hart voor Transport without delay of any changes that may affect the performance of the order.

Article 8 — Obligations of the Courier

The Courier who carries out orders via the Platform is obliged to:

1. Be registered as a self-employed entrepreneur with the Chamber of Commerce and hold a valid VAT number.
2. Hold adequate professional liability insurance and goods-in-transit insurance.
3. Hold a valid NIWO permit (Dutch National and International Road Transport Organisation) where the professional carriage of goods for third parties is concerned and the permit requirement applies.
4. Hold a valid driving licence for the relevant vehicle type.
5. Keep the vehicle in a good state of maintenance and comply with all statutory requirements (MOT, insurance, road tax).
6. Carry out the transport order professionally, carefully and on time.
7. Handle the goods with due care and protect them against damage, loss and theft.
8. Comply with all applicable laws and regulations, including driving and rest times.
9. Maintain confidentiality with regard to all information obtained in connection with the order.

Article 9 — Obligations of the Business customer

The Business customer who offers freight via the Platform is obliged to:

1. Provide correct and complete information about the freight, including:
   • Nature and composition of the goods
   • Weight and dimensions
   • Any particulars (ADR goods, temperature-sensitive, fragile)
   • Collection and delivery address with contact details
2. Comply with the agreed payment conditions. Unless otherwise agreed, a payment term of 30 days from the invoice date applies.
3. Have the freight ready in time for collection at the agreed time and the agreed location.
4. Report any damage to or loss of goods during transport immediately to Hart voor Transport.

Article 10 — Liability

1. Limitation of Platform liability: Where transport is carried out by a partner courier, Hart voor Transport is not liable for damage arising from or during the performance of the transport order by that Courier, unless the damage is the result of intent or gross negligence on the part of Hart voor Transport itself.
2. Courier liability: The Courier, as the party performing the transport, is liable for damage to or loss of the transported goods, in accordance with the applicable laws and regulations and its own insurance policies.
3. Standard statutory regime: Insofar as Hart voor Transport, or a courier acting on its behalf, acts as carrier, the statutory regime of carrier liability applies. For domestic transport this is the General Transport Conditions (AVC 2002), and for international road transport the CMR Convention. Under this standard regime a statutory maximum liability applies based on the gross weight of the damaged or lost goods. A higher limit can be agreed in writing on request.
4. Consequential loss: Hart voor Transport is never liable for indirect loss, consequential loss, lost profit, missed savings, loss due to business interruption or immaterial loss.
5. Maximum amount: The total liability of Hart voor Transport is in all cases limited to the amount invoiced for the relevant order, or, if higher, the amount paid out by the liability insurance of Hart voor Transport.
6. Lapse of claims: Any claim for compensation lapses if it is not submitted in writing to Hart voor Transport within 12 months of the occurrence of the damage.

Article 11 — Insurance

1. Couriers who carry out orders via the Platform are obliged to hold, throughout the entire cooperation:
   • A valid goods-in-transit insurance covering the value of the transported goods
   • A business liability insurance
   • A motor third-party liability insurance (WAM)
2. Hart voor Transport may request proof of valid insurance at any time. In the absence of adequate insurance, the cooperation may be suspended or terminated with immediate effect.
3. The Client is advised to additionally insure valuable or fragile goods. Hart voor Transport can advise on this but bears no responsibility in this respect.

Article 12 — Cancellation

1. Cancellation by the Client:
   • Cancelling free of charge is possible up to 24 hours before the agreed collection time.
   • For cancellations between 24 and 2 hours before the collection time, 50% of the agreed price is charged, to cover the fee passed on to the courier.
   • For cancellations less than 2 hours before the collection time or in the event of a no-show:
     • For business clients (B2B): 100% of the agreed price, because the assigned courier can no longer be reassigned at that point.
     • For consumers (B2C): 100% of the agreed price, but only insofar as the actual costs incurred by the assigned courier and the operational costs of Hart voor Transport justify this. The consumer is entitled to request a breakdown of these costs.
   • Wasted journey: if the courier arrives at the agreed location but cannot collect or deliver the shipment due to a circumstance for which the Client is responsible, the courier waits a maximum of 15 minutes free of charge. After this, waiting time is charged in accordance with the rate card; any return or repeat journey is charged separately.
2. Cancellation by Hart voor Transport: Hart voor Transport may cancel an order if:
   • No suitable courier is available
   • The Client has provided incorrect or incomplete information
   • There is a case of force majeure (see Article 13)
   • There are reasonable grounds to doubt the safety of the courier or the goods
3. In the event of cancellation by Hart voor Transport, any amount already paid is refunded in full, unless the cancellation is the result of a circumstance for which the Client is responsible.

Article 13 — Force majeure

1. Force majeure means: any circumstance beyond the control of Hart voor Transport that temporarily or permanently prevents the performance of the agreement, and that cannot be attributed to Hart voor Transport.
2. Force majeure is in any case understood to include: extreme weather conditions, natural disasters, war, terrorism, epidemics or pandemics, government measures, strikes, blockades, traffic accidents, serious traffic disruptions, fire, power failures and failures in communication networks.
3. During force majeure, the obligations of Hart voor Transport are suspended. If the force majeure situation lasts longer than 30 days, both parties are entitled to dissolve the agreement without compensation.
4. If Hart voor Transport has already partly performed its obligations when the force majeure occurs, it is entitled to invoice the part already performed separately.

Article 14 — Right of withdrawal

1. The right of withdrawal applies to transport services in accordance with the Distance Selling Act, with the following exception:
2. The right of withdrawal lapses as soon as the performance of the transport service has begun with the express consent of the Client. By confirming an order and agreeing to immediate performance, the Client consents to the loss of the right of withdrawal at the moment the transport begins.
3. If the Client is a consumer and the agreement was concluded at a distance (online or by telephone), the consumer has the right to withdraw from the agreement within 14 days of concluding it, provided the transport has not yet begun.
4. The right of withdrawal does not apply to business clients (B2B).

Article 15 — Complaints

1. For business clients (B2B): complaints about the performance of the transport order must be reported in writing within 7 calendar days of delivery, by email to info@hartvoortransport.com. This term aligns with the AVC 2002 and the CMR Convention.
2. For consumers (B2C): complaints must be reported in writing within a reasonable time of discovery, and in any case in time when done within 2 months of discovery, in accordance with Article 7:23 of the Dutch Civil Code.
3. The complaint should contain as detailed a description as possible of the defect or damage, preferably accompanied by photos or other supporting evidence.
4. Visible damage to goods must be reported to the courier immediately on delivery and noted on the consignment note or proof of delivery.
5. Hart voor Transport confirms receipt of a complaint within 2 working days and handles the complaint on its merits as soon as possible, but no later than within 14 days of receipt. If a longer processing time is needed, the Client is informed of this.
6. Submitting a complaint does not suspend the Client's payment obligation, except for the part of the price to which the complaint relates.

Article 15a — Digital consignment note (eCMR)

1. Applicable law: Hart voor Transport uses a digital consignment note on the basis of the Additional Protocol to the CMR Convention concerning the electronic consignment note (eCMR Protocol, in force for the Netherlands since 5 June 2008). For domestic NL transport, the digital consignment note is also legally valid under civil law pursuant to Article 3:15a of the Dutch Civil Code and Article 156a of the Dutch Code of Civil Procedure.
2. Cross-border NL ↔ BE: For transport involving Belgium, the courier additionally provides a paper CMR for physical signing on the spot, in accordance with the Benelux pilot on the eCMR (extended until 9 July 2027). Both versions (digital and paper) are retained by Hart voor Transport.
3. Provision to sender and recipient: We send the digital consignment note immediately after the respective signatures of the sender (on collection) and the recipient (on delivery) via WhatsApp and/or email to the number and email address provided at booking. The tracking link is valid for 30 days. A re-issue after 30 days is available on request via info@hartvoortransport.com.
4. Retention period: Hart voor Transport retains the consignment note and all associated data (signatures, photos, signatory name, signature metadata, audit events) for at least 7 years after the delivery date, in accordance with Article 52 of the Dutch General Tax Act (AWR) and the eCMR Protocol. Storage takes place in two independent EU clouds: Cloudinary as the primary CDN and Backblaze B2 as the secondary archive.
5. Integrity: Every served consignment-note PDF contains a SHA-256 hash in the HTTP header X-eCMR-PDF-Hash. You can independently verify the hash against your download. Tampering with the PDF after receipt is detectable via this hash.
6. Identity of signatories: With each signature, to strengthen the evidentiary position, we record the IP address of the device, browser type, time stamp and — only with browser-granted permission — the GPS location. See our privacy statement for an explanation of the legal basis.
7. Dispute: In the event of a dispute about a signature, you can request the associated metadata via info@hartvoortransport.com. Hart voor Transport reserves the right to provide the requested data in anonymised or aggregated form where this is necessary to protect the privacy of the parties involved.

Article 16 — Intellectual property

1. All intellectual property rights to the website, the Platform, the software, the texts, images, logos, designs and other materials rest exclusively with Hart voor Transport or its licensors.
2. It is not permitted, without the prior written consent of Hart voor Transport, to copy, reproduce, distribute, publish or make available to third parties any material from the Platform.
3. The Client, Courier or Business customer obtains only a limited, personal, non-exclusive and non-transferable right of use of the Platform for the duration of the agreement.

Article 17 — Applicable law

1. All agreements between Hart voor Transport and the Client, Courier or Business customer are governed exclusively by Dutch law.
2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
3. Insofar as the transport of goods is concerned, the General Transport Conditions 2002 (AVC 2002) and, for international transport, the Convention on the Contract for the International Carriage of Goods by Road (CMR) additionally apply.

Article 18 — Dispute resolution

1. Parties will first try to resolve a dispute by mutual consultation.
2. If a dispute cannot be resolved by mutual consultation, the District Court of North Holland (Haarlem location) has exclusive jurisdiction to hear the dispute.
3. By way of derogation from the preceding paragraph, a consumer Client may choose to submit the dispute to the court that has jurisdiction by law.
4. For consumers there are, in addition to going to court, alternative options to resolve disputes:
   • ConsuWijzer (Netherlands Authority for Consumers & Markets) for information and advice: consument.acm.nl.
   • The Disputes Committee (Geschillencommissie) for disputes where the sector is affiliated with a Disputes Committee Foundation. Hart voor Transport is currently not affiliated with a specific Disputes Committee Foundation; consumers can, however, file a complaint themselves or submit a dispute to the competent court.
   • Since July 2025 the European Commission has been developing a new digital ADR tool as a successor to the ODR platform that was discontinued on 20 July 2025; once it is available, we will list it here.

Article 19 — Changes to the terms

1. Hart voor Transport reserves the right to unilaterally amend or supplement these Terms & Conditions.
2. Changes are announced at least 30 days before they take effect via the website or by email.
3. If the Client does not agree with the amended terms, the Client has the right to terminate the agreement before the date on which the amended terms take effect.
4. By continuing to use the services of Hart voor Transport after the amended terms take effect, the Client accepts the amended terms.

Contact details

For questions about these Terms & Conditions, you can contact:

Hart voor Transport
Jan van Krimpenweg 73, 2031 CH Haarlem
Email general: info@hartvoortransport.com
Email invoices: facturen@hartvoortransport.com
Phone: +31 6 1508 1713
KvK: 42078890
VAT: NL869609075B01