Conditions for the shipper
1.- PREVIOUS INFORMATION
Destineti S.L. is a Spanish commercial company, with registered office at Otamendi Anaiak Kalea, 11, Office 9, 20014 Donostia, Gipuzkoa, and CIF B19395573, which acts as an intermediary in transport operations between the Shipper and the Actual Carrier. These operations are managed through its web platform, mobile application (app), and various third-party tools, in order to ensure the best user experience. Destineti S.L. is dedicated to optimizing both the economic and logistical conditions of the parties involved, facilitating the contracting and efficient management of transport services.
2.- PURPOSE OF THE CONTRACT
The purpose of this contract is to regulate the relationship between Destineti and the Shipper in the use of the transport intermediation platform, where Destineti acts as an intermediary between the Shipper and the Actual Carrier in charge of transporting the goods.
3.- OBLIGATIONS OF THE SHIPPER
The Shipper undertakes to:
Provide all information necessary for the proper provision of the service.
Pay the invoices issued by Destineti within the agreed deadlines.
Guarantee that the goods to be transported are correctly packed and that their contents are legal and safe for transport.
4.- OBLIGATIONS OF DESTINETI
Destineti undertakes to:
Facilitate the intermediation between the Shipper and the Actual Carrier.
Provide an efficient management platform for the contracting of transport services.
Ensure that Effective Carriers operating through its platform comply with the legal regulations in force.
5.- LIABILITY
Destineti shall not be liable for any damage, loss or delay in the delivery of goods, as its role is exclusively that of an intermediary. The Shipper acknowledges and accepts that any claim must be directed directly against the Actual Carrier.
6.- INSURANCE OF GOODS
The Shipper is obliged to insure the goods transported by means of adequate cargo insurance. Destineti does not provide cargo insurance and shall not be responsible for its procurement.
7.- RATES
The rates applicable to transport services will be available on the Destineti platform. These rates may be modified periodically and the Shipper will be notified of any changes prior to their application.
8.- INVOICING AND MEANS OF PAYMENT
8.1.- Means of Payment
To facilitate the payment of invoices, Destineti provides the following alternatives:
Bank transfer: Payments will be made to Destineti’s bank account, whose number and holder will appear on the corresponding invoice.
Direct debit: The Shipper will provide its bank details to Destineti for the issuance of direct debits against the designated account. All bank charges arising from lack of funds, refusal of payment or any other incident shall be borne by the Shipper.
Confirming: Where appropriate, Destineti may offer the service of confirming, allowing the Shipper to manage its payments through this tool.
8.2.- Non-compliance with payment obligations
Failure by the Shipper to pay within the agreed period, and after thirty (30) days from the due date, shall oblige the Shipper to pay a penalty of 5% of the total amount of the invoice as interest for late payment. If the situation persists, Destineti reserves the right to engage the services of third party companies for the claim and management of the debt on its behalf, with the resulting costs being the responsibility of the Shipper.
9.- DURATION AND TERMINATION OF THE CONTRACT
The service contract between Destineti and the Shipper begins with the completion of the Loading Order by the Shipper and ends once the goods have been delivered to the Consignee by the Actual Carrier, and all payments have been settled.
However, the obligations related to the status of Platform User shall remain in force until the Shipper ceases to be an active user or Destineti terminates the Shipper’s membership on the platform. From that moment, the Shipper will no longer be able to access or use his or her account.
10.- PROTECTION OF PERSONAL DATA
Destineti undertakes to treat the personal data of users in accordance with the provisions of current legislation on data protection. Destineti’s Privacy Policy is available on its website and app, and has been accepted by the user when registering on the platform.
By using the platform, the Shipper expressly consents to the processing of his or her personal data and guarantees that all information provided is truthful and corresponds to reality. Furthermore, by providing contact details, the Shipper agrees that Destineti may use them for any necessary communication.
Destineti will process the data in a lawful, fair, transparent, adequate, relevant, limited, accurate and up-to-date manner. It will take all necessary technical and organizational measures to ensure that the data is rectified or deleted without delay when it is inaccurate or erroneous. The Shipper may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of personal data by contacting Destineti by e-mail: adm@destineti.com.
11.- MISCELLANEOUS
11.1 .- Intellectual Property
All intellectual and industrial property rights on content, data, images, text and any other material transmitted, stored or published through the platform are and remain the property of Destineti. The Uploader acknowledges and agrees that the platform, together with all rights therein, belongs exclusively to Destineti.
11.2.- Waiver
Destineti’s failure to demand strict performance of any of the Shipper’s contractual obligations, or to exercise any of the rights to which it is entitled, shall not be construed as a waiver of such rights or remedies, nor shall it release the Shipper from its obligations. Any waiver or agreement shall be in writing and shall be formally notified to the Shipper.
11.3.- Modifications
These General Terms and Conditions are subject to change and update from time to time. Each time a modification is implemented, the Shipper will be notified when accessing the platform. The Shipper must accept the new conditions in order to continue using Destineti’s services. If the Shipper does not accept the modifications, he/she must immediately cease using the platform.
11.4.- Variations on the platform
Destineti reserves the right to modify, interrupt or suspend, temporarily or permanently, the content of the platform or intermediary services, without incurring any liability. In addition, Destineti may deactivate or delete user accounts, without any limitation other than that imposed by applicable law.
11.5.- Exclusion of Terms and Conditions of the Charger
Any general conditions for the provision of services imposed by the Shipper are expressly excluded from this contract, being applicable only the conditions set by Destineti.
12.- APPLICABLE LAW AND JURISDICTION
This contract shall be governed by the clauses contained in this document and, where not provided for, by the common Spanish law in force.
By accepting these general conditions of contract, the Shipper acknowledges and agrees that any dispute, claim or conflict related to the services provided by Destineti S.L. shall be resolved exclusively by the competent courts at the registered office of the company, in Guipuzcoa, and under Spanish law.
In addition, the Shipper expressly waives any other jurisdiction that may correspond to it by law, accepting that Destineti S.L. will always have legal priority in case of disputes.
