General Terms & Conditions for our Services
Provider of the services made available on this website and contractual partner on the conclusion of contracts for using these services is the below-mentioned company (hereinafter: „ eTendio“):
Kaldenberger Strasse 22
Telephone: +49 (0) 172 79 66 257
Managing Director: Lasse Keldorf Jensen
Register court: Amtsgericht Düsseldorf
Register number: HRB 78615
VAT ID: DE 310 902 100
2.1 The following General Terms and Conditions (hereinafter: GTC) apply to the services provided by eTendio on this website. The offer is directed exclusively to entrepreneurs within the meaning of s. 14 of the German Civil Code.
2.2 An entrepreneur is any individual or legal entity or any partnership having legal capacity which acts in the exercise of his/her/its commercial or self-employed professional activity when concluding any legal transaction.
- Specification of Services
3.1 Registered users (hereinafter: users) can – against a charge – use the e-tender platform to procure transport services for their volumes from selected service providers. The eTendio platform aims to provide the BCO with a tool to analyse all offers and make an educated selection of the most suitable service provider/s to handle the transportation of their cargo during the designated time frame.
3.2. Via this website, contracts are negotiated between users and Service Providers. Moreover, the eTendio platform guides the user and the invited Service Provider/s through all steps of the negotiation. The final conclusion of the contract will be handled directly between the user and the nominated Service Provider/s. In this case, the GTC and any other possible conditions of the Service Provider apply, which can be reviewed on the respective website of the selected Service Provider.
3.3 In this context, eTendio acts exclusively as an intermediary and does not conclude itself any contracts about freight transport or logistics services with the user or other third parties.
3.4 In case of disputes arising from any contracts concluded between users and logistics service providers eTendio does neither act as an intermediary nor as an involved party. Such disputes shall be settled exclusively between the contractual parties.
3.5 The user must always meet its assumed contractual obligations towards the selected Service Provider.
3.6 eTendio does not grant the users any copyrights and other protective rights. As far as eTendio provides the user with software, the user receives a simple right of use, limited to the contractual purpose, non-transferable, and limited at longest to the period of the contract’s term.
- Registration and Conclusion of Contract
4.1 The registration as a user is a prerequisite for using the services of eTendio. There is no entitlement to registration.
4.2 The registration is permitted only to legal entities and such individuals with unlimited contractual capacity having attained the age of 18 and acting as entrepreneurs within the meaning of item 2.1 of this GTC.
4.3 The use of eTendio’s website or the extent to which single functions and services can be used, can be linked by eTendio to particular preconditions, e.g. the examination of login data and proof of trading licence.
4.4 The data inquired on registration must be stated completely and correctly. If there occurs a change of the inquired data after registration, the user will be obliged to immediately update the data in his/her/its member account.
4.5 The user is obliged to keep the login data secret and not to disclose them to third parties. If the user is concerned that any third party could have obtained the login data or otherwise obtained access to the member account, the user will have to immediately notify eTendio of this.
- Exclusion of Liability
5.1 eTendio does not guarantee the permanent and uninterrupted availability of the website and the offered services. In case of server failure or other interruption of the services eTendio is not liable, unless eTendio has acted in a grossly negligent or intentional manner. This above-mentioned exclusion of liability does not apply to damages arising from injury to life, body or health as well as in case of mandatory legal provisions.
5.2 Furthermore, eTendio reserves the right to limit temporarily the services on this website, if it is necessary in view of capacity limits, safety and integrity of the servers or for carrying out technical measures which serve the proper or improved provision of services.
5.3 eTendio cannot guarantee the correctness of the offers and conditions made by the Service Providers. For this reason, the user must carefully verify the offers and conditions of the selected Service Providers before assuming any contractual obligations. Any liability of eTendio for possible deviations is excluded according to item 5.5 of these GTC.
5.4 Regarding all links provided on this website eTendio declares that there is no influence on the design and the content of the linked sites and dissociates itself explicitly from the linked contents on the respective internet sites.
5.5 Besides, the following applies in principle:
(1) eTendio will be liable without limitation for damage insofar as it is guilty of intent or gross negligence.
(2) For ordinary negligence eTendio is liable only in case of violation of a duty the fulfilment of which enables the proper implementation of the contract and on the observation of which the user may regularly rely (cardinal obligation). Apart from that, any liability in case of ordinary negligence is excluded.
(3) If eTendio is liable for ordinary negligence, as above, the liability will be limited to the damage with the occurrence of which one had to reckon typically under the circumstances known on conclusion of the contract.
(4) The above exclusions and limitations of liability do not apply as far as any guarantee for the quality of the services has been given or the defectiveness of the service has been maliciously concealed. Furthermore, eTendio is liable without limitation for damage to life, body, and health as well as in case of other mandatory legal provisions.
- Limitations of Use
6.1 The user itself is responsible for acquiring rights of use in the contents provided by it on this website (texts, photos, assessments, links etc.) – as far as they are necessary (e.g. in case of other utilization). Such rights of use are on no account granted to the user by eTendio.
6.2 The user is in any case prohibited from commercially utilizing the contents provided on this website for any services which are offered by eTendio itself.
6.3 The user commits to eTendio to use no programs or functions in order to generate in an automated way any page views or contents on this website.
- Deletion and Blocking
7.1 If eTendio becomes aware that a user violates these GTC, eTendio will be entitled to block the user from the further utilization of eTendio’s services. The user concerned will be informed of this by e-mail and engaged in a dialogue before deletion of the account is acted on.
7.2 The above will apply in particular, if
– the user has provided false details at the time of registration,
– services provided by eTendio are misused or
– another important reason exists.
8.1 Any termination of the user contract must be made principally in writing. The termination shall immediately become effective. There is no period of notice. Fees paid will not be refunded.
8.2 The right of extraordinary termination for good cause remains unaffected.
- Contract Language
The contract language is English.
- Applicable Law, Jurisdiction Clause
10.1 The contracts concluded between eTendio and the users for using the services via this website are subject to the substantive law of the Federal Republic of Germany.
10.2 In case disputes relating to these GTC and/or the contracts between eTendio and the users for using the services the place of jurisdiction in the district of which eTendio’s has its registered office is considered as agreed.
- Severability Clause
If any of the above provisions becomes totally or partly invalid due to legal provisions, regulations or legislative changes, all other provisions will remain unaffected by this and will continue to apply to their full extent.