General Contracting Conditions
1. Glossary
USER
Company or person belonging to a business organization, who registers on our website in order to have their data and we can contact them, clarify doubts, inform about situations of their requests, etc... Being a user is not a mandatory condition for access and/or consultation to our website, but it is to obtain access to the result of using the "Instant Rate" tool.
Data requested:
- PHONE
CLIENT
Company or business organization that registers on our website in order to be able to contract transport and services with EXE GLOBAL FORWARDERS, SL. (ENVIO X ENVIO). Activate payment conditions, mark the credit limit granted by ENVIO X ENVIO and carry out their risk assessment.
Data requested:
- COMMERCIAL COMPANY NAME
- FISCAL COMPANY NAME
- COMPANY ADDRESS
- PERSON NAME (USER)
- NIF
- PHONE
- PAYMENT METHOD
- PAYMENT TERM
- ETC
"RATE" / QUOTE / PRICE / BUDGET
Instant and binding transport offer, obtained by any of our users through our online tool "Instant Rate".
The result of the instant calculation is shown in EUROS, and the amount provided is based on the data provided by the user.
SHIPMENT / SENDING / LOAD ORDER / TRANSPORT ORDER / TRANSPORT INSTRUCTIONS / TRANSPORT CONTRACT
Definition of all shipment data for its correct transport: Number of packages, weight, measurements, nature of the shipment and value, and agreed price of the contracted service.
Shipment characteristics for its correct transport operation. Loading Location + schedules + contacts + phones + emails. Unloading Location + schedules + contacts + phones + emails. Special specifications, to count; ADR, Lateral/top loading/unloading, NON-transferable shipment, special loading/unloading means, lifting platforms at origin and destination, and other details.
DETAIL / LOAD
Typology of each group of packages according to their measurements, weight and nature.
WEIGHT
Real total weight of each shipment or each group of packages according to their measurement typology.
OCCUPATION
Space that a shipment occupies in the transport resource (road vehicle, van, truck, container, truck hold), in order to take it into account for its assessment and subsequent preparation of the transport price.
VOLUME
The amount of cubic meters that a shipment occupies (M3) according to space occupation criteria depending on whether merchandise can be stacked or not.
TAXABLE WEIGHT
It is the final weight that will be adopted for the calculation of the transport price once the Weight/Volume/Occupation converters are applied.
2. Service Contracting Definition
EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO), with authorized Transport Operator number 12760243, is the entity that offers Transport, logistics and associated services and that expressly refers to the company EXE GLOBAL FORWARDERS, SL. with NIF B02702413
"INSTANT RATE" refers to the technological tool made available to the USER / CLIENT, in the form of a website and identified on the Website (envioxenvio.es), as well as other tools that by way of example may be represented by the mobile applications that EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) has published both in the App Store and Google Play, through which the client can get in touch to manage and contract merchandise shipping operations.
"Cargo" or "Merchandise" refers to the shipment detail (entity described above in point 4 of the Glossary), specified in the request for instant price calculation to EXE GLOBAL FORWARDERS, SL, in relation to the merchandise to be transported at the request of a company (CLIENT) that has FREE AND GRATUITOUS access to the price obtaining Platform.
"Operation/s", "Shipment/s", "Expedition/s", "Order/s", refers to each of the transport services provided by EXE GLOBAL FORWARDERS, S.L. whose price is accepted by the client, this always through the use of the technological tool of EXE GLOBAL FORWARDERS, SL or by obtaining a budget sent by the commercial team of ENVIO x ENVIO.
The CLIENT refers to any company, natural or legal persons, who comply with the legal requirements under their strict responsibility, and have sufficient faculty to contract transport services.
3. USER Registration
Any Company that intends to OBTAIN an instant budget through the INSTANT RATE technological tool and thus be able to start using it, will be requested: "Email and phone". The contribution of this data will give the applicant the figure of USER, filling in said data, as well as sending the information that is required by EXE GLOBAL FORWARDERS, SL at all times. The User therefore, in this way accepts that electronic communications be sent to him for these purposes.
4. USER Obligations
The USER guarantees the veracity of the data specified in the price request according to the detail specified in the CARGO heading, and is solely responsible for the consequences that could arise against EXE GLOBAL FORWARDER'S (ENVIO X ENVIO) or third parties from the incorrect information provided. Likewise, if the detail of the loaded merchandise exceeds in weight, occupation and/or volume that provided in the introduction of the CARGO detail, EXE GLOBAL FORWADERS, SL (ENVIO X ENVIO) will proceed to invoice the difference between the initially budgeted load and the finally loaded/expedited. In case the expedition is smaller in weight, occupation and/or volume than that provided in the price request according to detail in CARGO, the total invoicing of the initially budgeted shipment will proceed as a concept of reservation made of occupation in weight and/or volume. Any change in excess or defect of the shipment in weight, occupation and/or volume of the initially budgeted will lose the service guarantee regarding the availability of day and transport resource to carry out the expedition informed at the beginning of the shipment management, establishing a new loading or expedition day in case of not being able to comply with the guarantee.
5. Company Obligations (USER / CLIENT)
5.1
The payment of services provided by EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO), at the prices that have been budgeted for each of the operations will be the sole and exclusive obligation of the CLIENT. Said payment must be made in the form, terms and conditions and credit assessment agreed at the time of framing the USER figure within the CLIENT figure. The omission of the previous obligation by the Company will constitute a serious breach, and ENVIO x ENVIO reserves the right to undertake all necessary legal actions.
5.2
USERS / CLIENTS commit that each of the detailed expeditions must always correspond to merchandise subjected to the standard of correct packaging, this issue being the pure responsibility of the USER/CLIENT, given that EXE GLOBAL FORWARDERS, S.L. provides the transport service of "continents" between companies, and not contents.
5.3
Once the Cargo has been processed by the CLIENT and accepted by EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) and therefore considered as an EXPEDITION, it cannot be revoked by the CLIENT, being therefore the sole and exclusive responsibility of this, of a contractual nature and will incur the effects that derive from the cancellation of the Operation to the payment of the total price initially budgeted.
5.4
The CLIENT will be the sole and exclusive responsible for filling in and delivering all necessary documentation related to each of the Cargoes and other details that correspond to each transport Operation that he contracts.
5.5
The USER/CLIENT must verify that the merchandise they want to load/expedite via EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) is not in the list of NON-ACCEPTED MERCHANDISE by EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) in detailed Information on our website https://www.envioxenvio.es/. This point remains under strict responsibility of the USER/CLIENT.
6. Legal relationship
The relationship between the USER / CLIENT and EXE GLOBAL FORWARDER'S (ENVIO X ENVIO) is governed, in any case, under the form of a service provision for the execution of a transport or logistics service or similar according to acceptance of economic budget by the CLIENT and subsequent contracting, all this between legal and independent persons, being totally excluded the possibility of understanding it as a labor relationship, nor of dependence and/or collaboration in transport, being subject for its application, execution and interpretation to the clauses contained in these General Contracting Conditions and in everything not regulated, to the corresponding regulations of the Civil Code Transport Services Lease contract.
Therefore, none of the agents, employees or representatives of the parties, will be understood as a worker or employer of the other party, the labor regulation not being applicable.
7. Accidents and Responsibility
In case that during an Operation contracted through EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) a breakdown occurs in the loading or reception operation of the shipment or accident and as a consequence of this an expedition is affected, the corresponding reservations must be noted in the CMR or LOADING/UNLOADING WAYBILL and communicate it immediately in writing by email to EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) so that the management for the resolution of the breakdown/accident can be activated based on the compensation that marks the CMR (International Transport) or LOTT (National Transport) coverage. EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) will in no case assume a responsibility superior to that assumed by the Transport Companies with which we work (CMR, LOTT, HAGUE RULES, IATA Insurance), as well as that assumed by any intermediary that intervenes in our transport operation. The expeditions will be transported under account and risk of our clients, without being insured to ALL RISK (Compensation of the total Value in invoice of the Merchandise) of not receiving express and written order to EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) and acceptance of our budget for said coverage (Insurance Premium).
8. Termination
These general contracting conditions will be in force as long as the CLIENT continues to request transport budgets and/or using the INSTANT RATE tool for obtaining prices to which reference has been made throughout this document in any of its variants.
The breach of any of the obligations established in this document of General Contracting Conditions by the CLIENT may give rise to its immediate resolution of the agreement for the use of the WEB and/or the INSTANT RATE tool, without the CLIENT having anything to claim for this circumstance to EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO).
In case the CLIENT incurs in a breach of the terms and conditions, this circumstance will be notified by EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) to the CLIENT, with indication of the breach committed.
9. Confidentiality and Industrial and Intellectual Property
Nothing provided for in these General Contracting Conditions implies an intention of EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) to grant their Industrial and Intellectual Property rights. EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) expressly reserves the right of Industrial and Intellectual Property over all Trademarks and Commercial Names, as well as the rest of the elements of Intellectual and Industrial Property, of its property or of those that have authorization.
This document also does not grant any right, over the "Confidential Information".
10. Data Protection
In the event that during the use of the website or INSTANT RATE tool by the CLIENT, EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) must access personal data of which the USER / CLIENT is the owner, it will at all times have the consideration of "Data Processor", without being able to use said data for other purposes than the provision of commissioned services and/or having CLIENT authorization.
The data provided will be included within the Treatment Activities Registry, based on article 30 GDPR and whose Responsible is EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO).
In any case, EXE GLOBAL FORWARDERS, SL (ENVIO X ENVIO) will apply the security measures of Regulation (EU) 2016/679, of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and Law 3/2018, of December 5, on data protection and guarantees of digital rights. For more information, read our Privacy Policy.
In any case you can exercise your rights of access, opposition, rectification, cancellation, portability, limitation and deletion, by contacting: rgpd@envioxenvio.es
11. Applicable Law and Jurisdiction
The obligations derived from this document of General Contracting Conditions will be governed in any case by Spanish legislation.
The parties expressly and voluntarily submit to the competence of the Courts and Tribunals that correspond by Law.
Version: July 2023