General terms for use
GENERAL TERMS FOR USE OF THE ONLINE PLATFORM LOADPORT
I. DEFINITIONS
1. The terms used in the present General Terms are defined as follows:
1.1. Remuneration for services provided by the Platform - Remuneration due by the Users for the services provided by the Platform;
1.2. Provider - "Loadport" EOOD, VAT203673922 with headquarters and managing address in the city of Sofia, 7 Iskarsko Shose Boulevard, Europa Trade Center;
1.3. Single transport - One time transport of a Load;
1.4. General Terms - The General Terms for the Use of the Platform;
1.5. User - Sender, Carrier/ Forwarder, who has an active registration at the Platform;
1.6. Recipient - The person, who will receive the Load at the delivery address;
1.7. Consumer (in the sense of the Consumer Protection Act) - Sender - natural person, who has an active registration at the Platform and uses services, acting outside their own commercial or professional activity;
1.8. Carrier/Forwarder - Merchant, registered as a User of the Platform, who wishes to transport Loads and participate in an auction, initiated by the Sender;
1.9. Regular Transport - Load Transport, carried out more that 3 times within a month;
1.10. Rating - Points system, which gives the possibility to the transactions participants to review each other;
1.11. Load - Items, which must be transported;
1.12. Sender - Major natural person or merchant, registered as User of the Platform, who would like to conclude a contract for Load Transportation and initiates an auction via the Platform;
1.13. Auction - An auction for Load transport, started by a Sender, where the bidders are Carriers and Forwarding Companies;
1.14. "Load now" Price - the Price, that the Sender is ready to pay immediately for the transport service;
1.15. Private Auction - An auction for Load transport, for which the Sender sends personal invitations to their chosen Carriers/Forwarders via the Platform.
2. SUBJECT
2. The present General Terms are meant for regulating the legal relationship between "Loadport" EOOD, VAT 203673922, with headquarters and managing address in the city of Sofia, 7 Iskarsko Shose Boulevard, Europa Trade Center, Building 4, called hereinafter Provider for short, and the customers, called hereinafter Users, of an online based application for initiating and participating in auctions for transport services "Loadport", called hereinafter the "Platform".
ІІ. INFORMATION ON THE PROVIDER
3.1. Information according to the E-commerce Act and the Consumers Protection Act:
3.1.1. Name of the Provider: "Loadport" EOOD;
3.1.2. Headquarters and managing address: city of Sofia, 7 Iskarsko Shose Boulevard, Europa Trade Center;
3.1.3. Business activity address: city of Sofia, 7 Iskarsko Shose Boulevard, Europa Trade Center;
3.1.4. Correspondence address for correspondence: city of Sofia, email: office@loadport.eu, Phone: +359 888 456 555.
3.1.5. Number in the Trade Register at the Registration Agency: EIK 203673922;
3.1.6. Registration No under the Law on Value Added Tax: BG 203673922
3.1.7. Certificate for Personal Data Administrator No: 420055;
3.1.8. Regulatory Bodies:
Commission for Protection of Personal Data
Address: city of Sofia 1592, 2 "Prof. Tsvetan Lazarov" Street, phone: +359 2 91535 18; fax: +359 2 915 35 35 e-mail: kzld@cpdp.bg, website: www.cpdp.bg
Commission for Protection of Consumers
Address: city of Sofia 1000, 4A "Slaveykov" Square, 3rd, 4th and 6th floor, phone: +359 2 980 25 24; fax: +359 2 988 42 18; email: info@kzp.bg, website: www.kzp.bg
III. SPECIFICS OF THE PLATFORM
4.1. The Platform is an online-based application, by which the Users have the possibility to announce and participate in auctions for transport services, including the following:
4.1.1. To register and create a profile for the Platform use, and to use the additional services for information providing;
4.1.2. To make electronic statements in terms of the conclusion or execution of Contracts with the Provider, who is the Platform's administrator;
4.1.3. To conclude contracts for Load Transport via the Platform;
4.1.4. To make all kinds of payments supported by the Platform in terms of the concluded contracts via the Platform;
4.1.5. To receive information on new functions and services, offered by the Platform;
4.1.6. To announce, participate and review the announced Auctions, including the terms and prices, announced by the Sender.
5.1. The Users conclude a contract with the Provider for using the services of the Platform via its interface, accessible on its webpage at www.loadport.eu.
5.2. According to the contract concluded with the Users, the Provider is obliged to provide them with access to all functions of the Platform, accessible for registered Users, including initiating and participating in Auctions.
5.3. The users Carriers/Forwarders pay remuneration to the Provider for the provided services, which are a percentage of the agreed price for Load transport excluding VAT, for which an auction was held via the Platform.
6.1. The Users conclude a contract for load transport via the Platform's interface;
6.2. According to the concluded contract for load transport, the Carrier/Forwarder is obliged to transport the load under the terms, stated in the specific auction, which they have won, and the Sender is obliged to pay the price for the transport via the means of payment, provided by the Platform. The Provider withholds a commission fee at time of payment to the Carrier/Forwarder
6.3. The Provider is not liable for the non-fulfillment of the obligations of the Users in terms of the transport contract.
7.1. The User and the Provider agree that all statements between them in terms of the conclusion and execution of the contract for the use of the Platform's services and the transport contract may be done electronically and by electronic statements according to the E-Documents and E-Signature Act and the E-Commerce Act.
7.2. It is assumed that the electronic statements by the Users in the Platform are made by the persons, stated in the information, provided by the User at the time of registration, if the User has entered the respective Username and password for access. The Provider is not liable in any way for using others' or false information and/or another's profile. In case of suspected misuse of data and information, the Provider will block the profile of the respective User and will announce the case to the competent authorities, including Police, Prosecution and Court.
IV. REGISTRATION AT THE PLATFORM
8.1. In order to use the services and functions, offered by the Platform, including, but not limited to announcing and participating in auctions and concluding load transport contracts, the User must enter their chosen Username and password for remote access.
8.2. The Username and password for remote access are defined by the User via electronic registration at the Provider's website.
8.3. By filling in the information and clicking on the buttons for accepting the present General Terms "Yes, I accept" and "Register", the User declares that they have read these General Terms,have agreed to their contents and are obliged unconditionally to follow them and also that they have turned 18 years and are capable of acting.
8.4. The Provider confirms the User's registration by sending an e-mail to the email address stated by the User. The User confirms the registration and the conclusion of the contract via a link in the Provider's email, notifying them of the registration. After the confirmation, a User’s profile is created. The contract for use of the Platform's services is considered as concluded. The Provider has the right to decline registration of a User without the need of justification.
8.5. When registering the User is obliged to provide correct and current information, and to add copies of all the documents, requested by the User. The User is obliged to update the information and documents, used in the registration, accurately timed in case of changes.
8.6. When registering the User is obliged to provide correct and current IBAN number.The Provider is not liable for a false IBAN.
9.1. The e-mail address, provided in the initial registration of the User, and of each subsequent User’s email-address, used for exchange of statements between the User and the Provider, is the "Main Email Address” according to the General Terms.
9.2. The User has the right to change their profile data. The request for any other change has to be sent by email to the Provider and has to be implemented by the provider. When a request for change of information is received, the Provider sends a request for confirmation of the profile update. The request for confirmation is sent by the Provider to the e-mail address stated by the User as Main Email contact address.
9.3. The profile update is made after confirmation by the User via a link, contained in the request for confirmation, sent by the Provider to the Main Email contact address stated by the User.
9.4. The Provider informs the User of the implemented update via an email, sent to the Main Contact Email address for contact stated by the User, before the update.
9.5. The Provider is not liable for an unauthorized profile update.
9.6. The Provider will communicate with the User only by using the contact Email address by sending messages to the User's profile.
The User has the right to register and to use the Platform's services only via a single profile. In case of participation of a single User via different profiles or more than one registration in the Platform are discovered, the User's rating will be decreased by 4 units and their access to the Platform will be suspended for a term of 3 months.
V. CONCLUDING A CONTRACT FOR USE OF THE PLATFORM SERVICES AND A CONTRACT FOR LOAD TRANSPORT
10.1. The Users use the interface of the Provider's webpage to conclude contracts for use of the Platform's services and contracts for load transport ("the Contracts").
10.2. The contracts are concluded in Bulgarian, English or German, depending on the language version of the Platform, used by the Users. The Platform does not offer machine translation of text. The Provider is not liable for the correctness of the information and the text translation in the profile of each User.
10.3. The Contract for use of the Platform's services between the User and the Provider is considered as concluded from the moment of the successful registration of the User.
10.4. A contract party in the contracts for use of the Platform's services and the contracts for load transport can be only a registered User with his personal data, provided during the registration and contained in the User's personal profile. To avoid any doubts, this is the information, with which the profile was created in the Platform.
10.5. In the Platform's interface the Provider includes technical means for discovering and correcting of errors when entering information before concluding the contract for use of the Platform's services between the Provider and the User.
10.6. The Provider explicitly notifies the User of the conclusion of the Contracts via a message to the User’s Main Email contact address.
10.7. The statement for concluding of the Contract and the confirmation for its receipt are considered as received, when their recipients have the possibility to access them.
11.1. The Users conclude a contract for Load Transport via the following procedure:
11.1.1. Registration in the Platform and provision of the required information and documents, if the User is not yet registered;
11.1.2. The Sender initiates an Auction for Single Transport or for Regular Transport via the Platform by identification with Username and password, statement of the type of the Load and the price they are wiling to pay.
11.1.3. "Load Now" - the Sender states the desired price for "Load Now",
which they are ready to pay for the transport of the GEOODs. The "Load Now" price is visible to all and if a Carrier/Forwarding Company presses the "Load Now" button, the Auction ends immediately and the Sender pays the "Load Now" Price via payment options, offered by the platform. The Sender accepts to use the service of the Carrier/Forwarding Company, who has pressed the "Load Now" button first regardless of their rating. If the Sender does not pay the "Load Now" Price, the Auction is considered as canceled and the Sender's Account may be blocked for 30 days.
11.1.4. If no one presses the "Load now" button, each Carrier/Forwarder, participating in the Auction, offers a price, which they can change during the Auction, and which is 0,5 units lower than the last lowest price. The Platform automatically shows the current lowest prices (without showing who offered it) for the duration of the Auction and offers are submitted.The Sender choses the duration of the auction and at the moment the Auction expires the Sender receives an automatic notification with the five lowest prices and can choese a winner. All Carriers/Forwarding Companies who have participated in the auction received an automatic massage if they have won or not.
11.1.5. The Sender has the right to end the Auction sooner by accepting the current lowest price without waiting for the preset time to end. After accepting the current lowest price, the Sender receives information on the Carrier/Forwarder submitting the offer and their rating.
11.1.6. The price for transport is final and includes the commission fee for the Provider and VAT, in case it has to be added to the price.
11.1.7. The Auction is considered as unsuccessful, if no offers have been received.
11.1.8. If there is a difference of 50% or more between the price, stated by the Sender, and the lowest offer and the Sender terminates the Auction before the expiration, the bidders will receive a message for an unsuccessful Auction.
11.1.9. If there is a difference of 50% or more between the price, stated by the Sender, and the lowest offer and the Sender does not terminate the Auction before the expiration, the Sender will receive the five lowest offers. If the Sender doesn’t choose a winner within 12 hours, the Sender’s access to the Platform will be blocked for 1 month and the Sender’s rating will be decreased with 2 units.
11.1.10. The Sender has the right to cancel the Auction before it ends. In case of two canceled Auctions within 1 month, the Provider blocks the Sender’s access to the Platform for a period of 1 month. The Sender’s Access will not be blocked during the first month or after the first two canceled Auctions.
11.1.11. The Sender has the right to announce a Private Auction by sending to chosen Carriers/Forwarder a request.
11.1.12. After the Auction ends, the Sender has the possibility to choose a winner among the first five Carriers/Forwarding companies with the lowest price and the highest rating within 12 hours from the expiration of the Auction.
11.1.13. If the GEOODs Supplier cancels the transport after ending the Auction and before choosing a winner, they will be sanctioned by lowing the Sender’s rating and blocking the Sender’s access to the Platform for a period of 1 month.
11.1.14. After choosing a winner, the Sender has to select a payment option and pays. After receiving the payment, the Sender receives the data of the Carrier/Forwarding Company, who has won the Auction, and contact information and sends detailed information on the transport.
11.1.15. After a Carrier/Forwarder wins an Auction and after the Sender makes a payment and the Provider receives it, information on the Auction and a button "Loaded" appear in the Carrier's profile and the Carrier/Forwarder must click on the button after loading the GEOODs on the transport vehicle.
11.1.16. After clicking on "Loaded", a button "Unloaded" becomes active on, which the Carrier/Forwarder must click on after unloading the GEOODs. When these buttons are pressed on, the Sender receives information in their profile on the movement of their GEOODs. The transport is considered as done after the pressing on the "Unloaded" button by the Carrier/Forwarder. The Sender is obliged within 5 days from receiving the "Unloaded" message to press on the "Accepted" button, after which the Provider pays to the Carrier. By pressing the "Accepted" button, the Sender certifies that the GEOODs/items are unloaded at the address and the Sender has received the invoice and the consignment note (CMR). When these buttons are not pressed, the system recognizes that the transport has not been completed and respectively no payment has been made to the Carrier/Forwarder.
11.1.17. After finishing the transport, the two Parties are obliged, within 24 hours, to review their contractor using the points system from 1 to 5 and taking into consideration that 5 is the highest rating and 1 is the lowest.
11.1.18. The forwarder who has won the auction receives an e-mail with a link. The carrier/forwarder confirms the execution of the transportation by clicking on the link within 12 hours. If the forwarder/carrier does not click on the confirmation link within 12 hours upon receipt of the e-mail the sender has to choose a new winner among the first five forwarders offering the lowest prices and having the highest ratings. The procedure continues until one of the five forwarders confirms the transportation. If none of them confirms it, the auction is considered as failed. If no one accepts to make the transport, a new Auction is started.
11.1.19. A Carrier can not cancel the transport after having pressed on the "Loaded" button.
11.1.20. The Sender is not allowed to participate in an Auction announced by him. In case that such participation is discovered, their rating will be decreases by 4 units and their access to the Platform will be blocked for the period of 1 month.
VI. PAYMENT. INVOICING. BOOKKEEPING.
12.1. The payments in the Platform will be made as follows:
12.1.1. Via bank transfer;
12.1.2. Via credit and debit card;
12.1.3. Via E-Pay.
12.2. When paying in currency that is different from BGN or EUR, the Provider is not liable for any additional exchange rates fees, in case such is performed.
13.1. When the Auction is won by a Carrier/Forwarder, the Platform sends an automatic message to the Sender to make a payment to the Provider.
13.2. After ending an Auction for Regular Transport, the Sender pays to the Provider only remuneration for the used services at the Platform, amounting to 3% of the agreed price for transport. Then the Platform connects the Sender with the Carrier/Forwarder.
13.3. After ending an Auction for a single Transport, the Sender pays the full agreed price for transport when receiving the delivery; the Platform withholds 14% of this amount and transfers the remainder to the Carrier/Forwarder.
VII. EXECUTION OF THE TRANSPORT OF GEOODS CONTRACT
14.1. The term for executing of the Transport Contract and its starting point are defined for each item, for which an Auction is held via the Platform.
14.2. If the Carrier/Forwarder can't execute the contract for reasons they are responsible for, they are obliged to notify the Sender and the Provider. Their Carrier’s/ Forrwarder’s rating will be decreased by 2 units by the Provider and their access to the Platform will be blocked for a period of 1 month.
15.1. The Carrier/Forwarder and the Recipient certify the completion of the delivery in writing at the moment of delivery via hand signature on a consignment note.
VIII. PROTECTION OF THE CONSUMERS
16.1. The regulations of the present section of these General Terms are applied to Users, for whom according to the data, provided during their registration at the Platform, it may be concluded that they are consumers under the Consumer Protection Act, the E-commerce Act and/or the Directive 97/7/EC of the European Parliament and the Council from May 20th 1997 regarding the protection of the consumer in case of remote contracts.
17.1. All specifics of the services, offered by the Provider, including their price, are described in detail on the website of the Platform.
18.2. The price for a specific transport is:
18.2.1. The price offered by the Carrier/Forwarder, who has been chosen by the Sender to transport the load;
18.2.2. The price for "Load Now", defined by the Sender and accepted by a Carrier/Forwarder, who has pressed on the "Load Now" button;
18.2.3. The current lowest price at a given Auction, which has been accepted by a Sender.
18.3. After choosing a Carrier/Forwarder, the Sender pays the price for the transport, along with the price for using the Platform's services and VAT, if calculated, using the payment options offered by the Platform. The Provider, after withholding the price for using the Platform's services and its calculated VAT, transfers the amount for transport and the respective VAT to the bank account of the Carrier/Forwarder.
18.4. The information, provided to the Users for this section, is current at the moment of its presentation at the Platform's website.
19.1. The Sender - natural person, who is classified as Consumer in the sense of the Consumer Protection Act, has the right, to cancel the concluded load Transport Contract within 14 days without owing compensation or penalty and without stating a reason. The Consumer can’t exercise the right of canceling of the contract, if the service was fully provided or its execution has been started with the explicit preliminary consent of the Consumer and his confirmation that he/she is aware that he/she would lose his/her right to cancel after the contract has been fully executed by the Carrier/Forwarder. The standard guidelines for exercising the right of canceling and a cancellation form are an inseparable part of the present General Conditions (Attachment No 1).
19.2. In case a Consumer exercises his/her right of canceling, after having requested the service to commence before the term for exercising of the said right expires, he/she owes to the Provider an amount proportional to what he/she has actually received until the moment when he/she has notified the Provider about the exercising of the right of canceling.
19.3. When the Provider has not fulfilled their obligation to provide information, defined in Article 54 of the Consumer Protection Act, the Consumer has the right to cancel the concluded contract within three months, starting from the date of the completed auction. When the information under this point is provided to the Consumer within the term for cancellation, the same begins from the date of its provision.
19.4. In case the Consumer exercises his/her right of cancellation under Article 19.1, the Provider is obliged to refund fully the amounts paid by the Consumer not later than 30 calendar days, starting from the date, on which the Consumer has exercised their right of canceling of the concluded contract.
IX. PROTECTION OF PERSONAL DATA
20.1. The Provider as Personal Data Administrator takes measures for protecting the personal data of the Users according to the Law on the Protection of Personal Data. The Provider collects stores and processes the personal data, provided by the Users, only for concluding and executing contracts for using the Platform and contracts for transport of gEOODs.
20.2. For security reasons regarding the Users' personal data, the Provider will send the data for confirmation only to the main contact e-mail address.
21.1. At any time the Provider has the right to request the User to identify them and certify the authenticity of each of the circumstances and data, declared during the registration.
22.2. The User is obliged not to disclose the Username and the password to third parties. The User is notified and agrees that the Provider is not liable for using the user’s profile and all actions that have been executed in the user’s profile, including concluding contracts for transport, making and receiving payments. All the actions via the User's profile are considered as completed by the User. In case the User has doubts for unlawful use of the profile or access to the username and password for third parties, the user is obliged to notify the Provider immediately. In such cases the Provider will block the User's profile after notification.
23.1. By registering in order to use the Platform, the User gives explicit consent to the Provider for processing and administrating his/her personal data for the purposes and in relation to Article 20.1 above.
23.2.Each User has the right to access and amend their personal data pursuant to the Law on the Protection of Personal Data. Each user can at any time personal data via the menu - My profile - Edit. Each User has the right to request in writing from the Provider to delete, amend or block personal data, the processing of which does not comply with the legal requirements.
X. TERMINATION
24.1. The present General Terms and the Contract of the User with the Provider are terminated in the following cases:
24.1.1. When a procedure is opened for liquidation or bankruptcy of one of the Parties in the Contract;
24.1.2. If a Sender - natural person dies or is under judicial disability;
24.1.3. By mutual agreement in writing between the Parties;
24.1.4. Unilaterally by notice from each Party in case of non fulfillment of the obligations by the other Party;
24.1.5. In case of objective impossibility of any of the Parties in the Contract to fulfill their obligations;
24.1.6. In case the User registration is deleted from the Platform's website. In this case the concluded, but not executed contracts for load transport remain in force and are subject to execution;
24.1.7. In case of exercising the right of cancellation pursuant to Article 55, Paragraph 1 of the Consumer Protection Act.
XI. OTHER TERMS
25.1. The Provider is not a Party in the GEOODs Transport Contract, concluded between the Users via the Platform. They are not a Party in any disputes, related to the execution or non-fulfillment of the load Transport Contact or any other relations or disputes between the Parties of the Contract, except the relations, occurring as a result of this Contract for Use of Platform Services, concluded between the Provider and the Users.
25.2. The Provider is not liable if the contract for using the Platform and the contract for load transport can not be executed due to the registration of a given User contains incomplete, incorrect or misleading information.
25.3. The Provider is not liable if the registration and the use of the Platform is impossible due to circumstances beyond their control - cases of force majeure, random events, problems within the global Internet network, actions or lack of actions of third parties outside the Provider's control.
25.4. The Provider doesn't guarantee that the registration and the use of the Platform will be uninterrupted, timely, secure and free of errors, in so far as this is due to circumstances beyond their control. They are not liable for the loss of stored information due to emergency and unforeseeable system breakdowns or appearance of technical issues, related to the registration, use, functioning and support of the Platform.
25.5. All attempts to manipulate the Platform's website are forbidden, including using more than one registration by the same natural person/legal entity, using techniques and/or technologies, which modify the element of personal and individual participation of the respective User. All misuses and non-fulfillments of the present General Terms will be sanctioned by the Provider with blocking of the profile of the respective User. In these cases the Provider does not owe any compensation for direct and/or indirect material and/or non-material damages or loss of profit that has been sustained by the users as a result of a profile blocking.
25.6. The Users guarantee and declare that they do not participate in activities, related to money laundering and terrorism financing.
26.1. The Users are obliged to follow the terms and regulations of the present General Terms, published at www.loadport.eu. All interested parties may receive information and consultation via sending a query to: office@loadport.eu. The Provider reserves the right to amend or expand the General Terms at any time, where the changes enter into force after they are published on www.loadport.eu and the Users are notified via a message in their Platform profile.
26.2. Disputes between the Provider and Users are resolved by mutual agreement. If no such agreement is reached, the dispute will be resolved by the competent Bulgarian court.
27.1. The present General Terms are adopted and published at www.loadport.eu.
ATTACHMENT NO 1
STANDARD FORM FOR EXERCISING OF THE RIGHT TO CANCELL A CONTRACT:
(Fill and send the present form only if you wish to cancel a contract)
- To "Loadport" EOOD, EIK 203673922 with headquarters and managing address in the city of Sofia, 7 Iskarsko Shose Boulevard, Europa Trade Center:
- With the present I/we notify* that I/we cancel* the contract concluded by me/us* for providing the following service*
- Ordered on
- Name of the User/s
- Address of the User/s
- Signature of the User/s (only in case the present form is on paper)
- Date
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*Thick and fill in as an appropriate.
INFORMATION REGARDING THE EXERCISING OF THE RIGHT TO CANCELL A CONTRACT
Standard instructions for cancellation:
I. Right to cancell a contract remotely.
II. You have the right to cancel the present contract without stating reasons for it within 14 days from concluding it.
III. In order to use your right to cancel, you must tell us your name, geographic address and, if available, phone number, fax and email address, and notify us of your decision to cancel the contract by an unambiguous statement (e.g. letter sent by mail. fax).
You can use the attached standard form for canceling, but this is not obligatory.
In order to meet the deadline for canceling the contract, it suffices to send your message regarding exercising your right to cancell before the term for canceling of the contract expires.
IV. Effect of the cancellation.
If you cancel the present contract, we will return to you all the payments we have received from you without unjustified delay and in all cases not later than 14 days, starting from the date, on which you inform us of your decision to cancel the present contract. We will make the return using the same means of payment you have used in the first transaction unless you explicitly agree on another means of payment; in any case this refund will not cause any costs for you.
If you have requested that the provision of the services (completion of the transport) should begin during the term for cancellation, you will pay us the amount proportional to the items that have been transported until the moment you have notified us that you would like to exercise your right of cancellation of the present contract compared to the total amount of the contract.