GENERAL PROVISIONS
CARGOFFER is a freight transport services contracting platform, designed to put in contact companies or transport professionals with companies or professionals who need their services as clients.
This document defines the General Conditions of Use of the CARGOFFER website and its mobile application, jointly referred to as the Platform.
The present General Conditions of Use must be accepted by all the Users of the CARGOFFER Platform, by means of their acceptance, the User declares that he/she has read, understands and understands the rights and obligations assumed to access the use of the Platform.
CARGOFFER is not a party to any contract, agreement or contractual relationship entered into between Carrier and Customer, but only provides the Platform necessary for the conclusion of transportation contracts between registered Users.
Users undertake to make proper use of the CARGOFFER Platform and not to use it for illicit or criminal activities that infringe the rights of third parties or violate any rule of the legal system.
DEFINITIONS
The terms used in this document shall have the following meanings:
CARGOFFER CARGOFFER INVESTMENTS,S.L. refers to the service provider, i.e. the CARGOFFER website and the CARGOFFER application, with registered office at calle Islas Baleares nº25,5ºC, 36203 Vigo (Pontevedra) and CIF B-16805855.
Platform Software developed by CARGOFFER as a website and mobile application that allows the use of the services offered to Users.
User Any natural or legal person who has created an account on the Platform with the interest of benefiting from the Platform's services.
Registration Account creation process
Account Part of the website that must be created to become a User and be able to access the services offered by the Platform and through which actions within the Platform can be performed
Carrier User of the Platform, entrepreneur who has registered on the website as a carrier, who has accepted the present terms and conditions, offering to perform transport services.
Customer User of the Platform, registered on the website as a Client, who has accepted the present terms and conditions, with the interest of contracting transport services.
Transportation Services Service offered by the Carrier contracted by the Customer consisting of the collection, loading, transport and delivery of goods at the destination address.
Merchandise Means each distinct material unit of cargo forming the goods being transported, regardless of their volume, dimensions and content.
Advertisement Publication of the Users registered as Clients in which the latter's needs in relation to the transport service are stated.
Offer Price that the User registered as a Carrier determines for the performance of the transport service, in accordance with the publication required by the Customer.
Contract A document executed between the Customer and the Carrier at the time of acceptance of the offer by which the Carrier undertakes to perform the transport service and the Customer undertakes to pay the Carrier.
Price Amount to be paid by the Customer to the Carrier after the transport service has been performed.
Shipment tracking Feature that allows tracking by the Customer of the location of the shipment shared by the Carrier through the location of the mobile device.
PLATFORM REGISTRATION
The CARGOFFER Platform can only be used by companies and professionals. In order to use it, the following technical requirements must be met: device with internet access, email and PDF management software.
Account Creation
Persons wishing to create a CARGOFFER account must register through the corresponding form on the website, providing the required information.
To register on the CARGOFFER website you must provide a valid email address, a cell phone number and a password. These data will be used as a communication channel with the user for the resolution of incidents in the account.
To register on the Platform it is essential that Users have read and accepted these general conditions of use and the privacy policy, related to the use of the account and the services offered by CARGOFFER.
By creating an account, Users agree to provide true and accurate information and to keep it permanently updated.
Users may only have one account.
Verification
Persons wishing to create a CARGOFFER account must register through the corresponding form on the website, providing the required information.
To register on the CARGOFFER website you must provide a valid email address, a cell phone number and a password. These data will be used as a communication channel with the user for the resolution of incidents in the account.
CARGOFFER will guarantee, as far as possible, the accuracy of the data provided by the Users in the registration form, being able to reject or refuse the User's registration.
OPERATION OF THE PLATFORM
CARGOFFER's function is to provide a communication Platform between Platform Users, it does not offer a transport service, but puts Carriers in contact with potential Customers.
Goods that pose a threat to life or health or whose transportation is prohibited by law may not be transported, and the Users involved in the transportation of such goods shall be responsible for such acts.
In case of hazardous substances or materials whose transport is not prohibited by law, the description of the items shall be detailed, including all information related to the risks of transport and transport recommendations. The Customer shall be responsible for compliance with the regulations in force regarding the transportation of hazardous substances and/or materials.
FORMALIZATION OF THE CONTRACT
Users registered as Clients will publish on the Platform advertisements requesting transport services indicating the specific characteristics of the same and Users registered as Carriers will make offers to the advertisements published, being able to withdraw their offer at any time until it is accepted by the Client.
Once the offer has been accepted, the Carrier and the Customer shall enter into a transport service contract containing the information relating to the transport.
CARGOFFER shall make available to Users a model contract of carriage and waybill to be completed by the Carrier and the Client and subsequently transmitted to CARGOFFER.
It is forbidden to provide contact details and/or any other type of content for the purpose of contacting the Client or the Carrier outside CARGOFFER.
The validity of the contract shall depend on the fulfillment of the specific conditions stipulated therein by the intervening parties. Either party may terminate the contract in the event that the other party does not comply with the agreed conditions for the performance of the service.
CONTRACT EXECUTION
PICKUP
The merchandise will be collected at the place and time designated by the Client, in accordance with the contract. In case of delay or change in the time of arrival at the destination, the Carrier must immediately inform the Client, who may withdraw of the contract. If, as a consequence of the delay attributable to the Carrier, the Client suffers damages or losses, the Client may demand the appropriate compensation.
The Client must deliver the merchandise at the agreed time. In case of delay in delivery, the Carrier may withdraw from the contract and demand, where appropriate, the appropriate compensation.
The Carrier has the right to examine the goods being transported before providing the service and may refuse to transport them if they do not correspond to what is described in the contract or if the transport of said goods violates the applicable regulations in force.
If there is any defect in the merchandise or its packaging, it will be noted in the consignment note.
SHIPPING TRACKING
The Carrier agrees to have a satellite tracking device installed in order to monitor the whereabouts of the vehicle at all times.
The Carrier will share its indicative and approximate location until it actually delivers the goods to the recipient at the place of delivery.
Unless a specific itinerary has been agreed, the Carrier must take the goods along the most appropriate route taking into account the circumstances of the operation and the characteristics of the goods.
In the event that for technical reasons the location registered by the Carrier is not shared, it must be reported to CARGOFFER immediately.
In the event that any incident occurs that may delay or prevent the performance of the service, the Carrier will notify CARGOFFER and, to the extent possible, will provide a replacement vehicle to avoid delay.
In case of delay, theft, incident or any criminal conduct, CARGOFFER and the Customer will be immediately notified.
DELIVERY
The Carrier must deliver the goods at the place and within the period agreed in the contract. In the absence of an agreed period, the merchandise must be delivered to the recipient within the term that a diligent professional would reasonably use considering the circumstances of the case.
The Carrier will share its indicative and approximate location until it actually delivers the goods to the recipient at the place of delivery.
When the delivery is not made because the recipient is not at the address indicated in the consignment note, for not taking charge of the merchandise under the conditions established in the contract, for not carrying out the unloading, which is his responsibility to do so, or for refuse to sign the delivery document, the Carrier will inform the Customer as soon as possible and will await their instructions.
The Carrier has the right to demand from the Client payment of the expenses and damages caused by the request and execution of instructions, as well as the delay or lack of instructions, unless these expenses are attributable to him.
PROOF OF DELIVERY
The Carrier will send through the CARGOFFER application proof of delivery in respect of each particular delivery of the goods at the time of delivery
The signature on the delivery note accredits delivery in acceptable conditions. If any damage has occurred to the merchandise or its packaging, it will be noted on the delivery note.
If said proof is not presented, CARGOFFER reserves the right to withhold payment for the service until said document is provided.
PRICE AND PAYMENT METHOD
The price for the service must be provided in the currency that the Client has chosen in their publication.
The price for the service will include the VAT tax - or corresponding analogous tax - The Carrier is not authorized to require the Client to pay additional costs related to the execution of the contract.
The Carrier may not modify the price once the offer is accepted by the Customer. However, when the price of diesel has increased between the day of conclusion of the contract and the time of transportation, the Carrier may increase on your invoice the price initially agreed upon in accordance with the provisions of article 38 of Law 15/2009, of November 11, on the land transport of goods contract.
Payment will be made by the Client once the transport service offer is accepted. This amount will be retained by CARGOFFER until the transport service is effectively carried out. Once the goods are made available to the recipient at the place of destination and presented proof of delivery, CARGOFFER will make the corresponding transfer for the performance of the service, discounting the commission corresponding to CARGOFFER.
The Carrier will have the obligation to issue the corresponding invoice within thirty days and send it to the Client through the platform
CARGOFFER may withhold or delay payment due to any act or omission on the part of the Carrier or the Customer contrary to these general conditions of use or the transport contract signed with another User.
BREACH OF CONTRACT
The Carrier shall retain its right to full payment when the non-performance of the transport was due to causes attributable to the Customer or the consignee.
In the event of default attributable to the Carrier, the latter shall indemnify the Customer in an amount equivalent to the price of the transport provided, or shall offer the Customer the performance of a transport of similar characteristics that is immediately available.
If the Carrier delivers only a part of the goods, it shall, without prejudice to the payment of the transport price of that part, pay the Customer an indemnity equal to the transport price of the goods not delivered, or offer the Customer the immediate performance of another transport of similar characteristics to the one initially agreed.
OBLIGATIONS OF THE CARRIER
Companies or professionals of legal age, with sufficient capacity to establish contractual relations, registered with the Social Security, in possession of all the permits required for the execution of the activity and having the corresponding civil liability insurance policies, may register as Carriers.
The Carrier shall act diligently, in compliance with the applicable legislation and shall follow the specific instructions of the Customer under the conditions agreed in the contract of carriage. In case of cross-border transports, he shall maintain and keep available the relevant documentation.
The Carrier shall use a vehicle in good condition and in compliance with all legal regulations, in particular with a valid MOT certificate and shall have a valid liability insurance at the time of transport.
The vehicle used must be suitable for the type and circumstances of transport to be carried out, according to the information provided by the Client, and must be clean, in good condition and working order, complying with the legally established safety and health conditions.
The Carrier shall not assume any risk while driving, nor shall it take any product that may adversely affect its attention and ability to drive.
The Carrier is obliged to keep and conserve the goods being transported from the time it receives them at origin until it delivers them at destination, in accordance with the stipulations of the contract and the provisions established by law. At no time shall the Carrier leave the cargo unattended and shall deliver the same quantity and weight of the goods as were received.
The Carrier has the right to refuse to load goods that are not in the condition prescribed in the transport service request notice, in particular if there are visible leaks or damage, the goods are poorly packaged, not correctly identified or not accompanied by the necessary documentation. Any of these circumstances must be immediately reported to the Client and CARGOFFER.
The services are provided at the risk and responsibility of the Carrier, which shall be liable for any loss, theft, damage, destruction or delay, from pick-up of the goods until delivery.
The Carrier undertakes to perform the service personally and may not subcontract with a third party. In case of subcontracting, the Carrier shall remain responsible for the service.
The Carrier shall have adequate insurance coverage covering the full value of the goods transported and their containers and shall be liable for any damage or loss caused to the goods transported, as well as the costs of delay in case of negligence attributable to the Carrier.
CUSTOMER OBLIGATIONS
The Customer shall prepare the goods for transport, which must be clearly identified. The cargo shall be delivered clean, dry and properly packed.
When their nature or the circumstances of the transport so require, the goods shall be delivered to the Carrier suitably conditioned, packed and, where appropriate, identified and marked with the appropriate marks or inscriptions warning of the risk that their handling may entail for persons or for the goods themselves.
The Customer shall make available to the Carrier the documentation relating to the goods that is necessary for the performance of the transport and all those formalities that the Carrier has to carry out before proceeding with the delivery at the point of destination. For this purpose, the Customer shall provide the Carrier with the necessary information on the goods and the aforementioned formalities.
The Carrier is not obliged to verify whether these documents or information are accurate or sufficient. The Customer is liable to the Carrier for all damages that may result from the absence, insufficiency or irregularity of these documents and information, except in case of fault on the part of the Carrier.
The contracting of transport services for dangerous goods is not permitted. The Carrier who has not been informed of the dangerousness of the goods shall not be obliged to continue the transport and may unload them, deposit them, neutralize their danger, return them to their origin or take any other measure that is reasonable in view of the circumstances of the case. In this case, the Carrier shall immediately inform CARGOFFER and the Client, who shall assume the expenses and damages derived from such operations.
RATING SYSTEM
CARGOFFER will develop an automatic rating system based on the behavior and fulfillment of the obligations of the Users. These evaluations will be published on the User's profile page.
Ratings may not include personal data of Users or third parties, commercial content or links to other websites, offensive language or degrading or slanderous comments.
SUSPENSION, ACCESS LIMITATION AND DELETION OF ACCOUNTS
Users may delete their account on the Platform at any time free of charge, through the channels provided on the Platform for this purpose.
In case of breach of these terms of use by Users, CARGOFFER reserves the right to temporarily or permanently suspend the account, limit access to and use of the Platform or delete User profiles, with prior notification to the interested party of the agreed action.
In case of account deletion, the User profile will be deleted from the Platform, however, CARGOFFER reserves the right to keep the profile data for the legally required period of time.
PERSONAL DATA
All CARGOFFER Users who may have access to personal data are obliged to keep it absolutely confidential, as well as to observe the prescriptions of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
The user undertakes not to transmit, enter, disseminate and make available to third parties, any information that is contrary to the law, morality, public order and these conditions of use. In particular, the user agrees to:
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized in the Constitution and in international treaties.
Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that misleads or is likely to mislead the recipients of the information.
Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
Not to disseminate defamation, slander, libel and/or content or propaganda of a racist, xenophobic or terrorist nature or that violate human rights.
Not to impersonate other users by using their passwords to access the different services and/or contents of the website..
Not to store or in any way collect personal information or data of third parties without their consent, including e-mail addresses.
INTELLECTUAL PROPERTY
It is strictly forbidden to use the CARGOFFER name and brand in documents, activities, seminars, fairs or any other event that is not related to CARGOFFER's commercial and institutional aims and objectives. Any use other than the above must be previously informed and authorized in accordance with the criteria and guidelines established by the company's management.
ADVERTISING AND MARKETING
At the time of registration, the User may receive commercial and marketing information by e-mail. The User may revoke such consent and/or unsubscribe at any time
EXTERNAL LINKS
In the event that links to other websites are published on the CARGOFFER Platform, CARGOFFER is not responsible for the quality, veracity and content of such pages as it has no control over their content. CARGOFFER shall not be liable for any damage or injury resulting from their use.
MODIFICATION OF THE GENERAL CONDITIONS OF USE
CARGOFFER is a recently created Platform that continues to work on improving the services it offers and developing new functions for Platform Users.
Therefore, changes will be periodically made to these terms and conditions to accurately reflect the scope of our services and practices. These changes will be communicated at least fifteen days prior to becoming effective.
Once the modifications become effective, Users will be subject to them if they continue to use our services, in case they do not accept our conditions, they can delete their account at any time.
DISCLAIMER OF LIABILITY FOR THE PROVISION OF SERVICE
By registering on the Platform, Users acknowledge and accept that any contractual or extra-contractual relationship they enter into with Users, are understood to be solely and exclusively between themselves.
CARGOFFER acts only as an intermediary between Carriers and potential Clients by offering a contact platform for the formalization of transport contracts. In no case it is part of any contract.
CARGOFFER does not guarantee the fulfillment of the contract between the Client and the Carrier nor does it guarantee the quality of the service since it is not a contracting party.
CARGOFFER shall not be liable for any fines, losses or other damages arising out of or in connection with the performance of the services.
The information published by Users and Clients on CARGOFFER are solely the responsibility of the Users themselves, CARGOFFER is not responsible for the content and veracity of the information of the registered accounts.
CARGOFFER, will guarantee as far as possible compliance with the regulatory requirements for the exercise of the activity, however, it is not responsible for the issuance of invoices, payment of taxes, insurance or Social Security of professionals or companies.
CARGOFFER shall in no case be liable directly or indirectly for damages of any nature caused by CARGOFFER users and/or third parties, nor shall it be liable for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the information provided by users, as well as for the unavailability, access failures and lack of continuity of the website.
CARGOFFER shall be solely and exclusively liable for the services it provides itself and for the contents directly originated by CARGOFFER and identified with its copyright.
In particular, CARGOFFER shall not be liable for damages of any nature arising from:
Any claim that may arise between CARGOFFER Users shall be solved between them, obliging CARGOFFER to keep CARGOFFER out of the controversy, notwithstanding which, CARGOFFER will take the necessary actions to be able to facilitate the resolution of the problem to the Users through the following form.
The use of the website by users.
Content posted by users on the web.
The performance of acts of unfair competition or unlawful advertising.
The unavailability, errors, access failures and lack of continuity of the web service.
Payment or collection of services rendered by users.
The employment or tax status of the users.
Dissemination of user information by other users.
SUGGESTIONS AND COMPLAINTS
Your comments and suggestions will be well received, please write to us through our contact form. In addition, we have complaint forms available to consumers and users who can request them through the same form. Your claims will be attended to in the shortest possible time and, in any case, within a maximum period of one month.
APPLICABLE LEGISLATION
These conditions of use will be governed and interpreted in accordance with Spanish legislation. In the event of a dispute between CARGOFFER and the User, the latter may bring their action before the Spanish courts corresponding to the domicile of CARGOFFER.
The Carrier and the User hereby acknowledge that they have read, fully understand and accept the content of these general conditions of use.