TenderLobby

Terms & Conditions

Terms & Conditions for the Use of the TenderLobby Reverse Auction Marketplace

1. Definitions

  • Platform: The reverse auction marketplace operated by TenderLobby.
  • Buyer: Hotels, restaurants, or other HoReCa entities posting tenders.
  • Supplier: Manufacturers or wholesalers submitting bids.
  • Tender: A request for quotation or auction created by a Buyer.
  • Bid/Offer: A price and conditions submitted by a Supplier for a Tender.
  • Award: The Buyer's acceptance of a Supplier's Offer after auction closing.
  • Transaction Volume: The net order value of the awarded Offer.
  • Commission Fee: The fee charged by the Platform to Suppliers upon award.

2. Scope of Service

The Platform provides the technical infrastructure for Buyers to publish Tenders and for Suppliers to submit Offers in a reverse auction format.

The Platform is not a party to sales contracts between Buyers and Suppliers.

The Platform does not guarantee:

  • the availability of products,
  • the correctness of information provided by Buyers or Suppliers,
  • the performance of contracts.

3. Registration and User Accounts

Registration is required for Buyers and Suppliers.

During registration, users must:

  • provide complete and accurate information,
  • agree to these Terms & Conditions,
  • accept the Privacy Policy.

Suppliers must additionally accept the Platform's Fees & Billing Terms.

The Platform reserves the right to verify company data and reject applications without giving reasons.

4. Tender Creation (Buyer)

Buyers may create Tenders specifying: required products and specifications, delivery location(s), delivery timelines, documentation requirements, and auction duration.

Buyers may cancel or modify a Tender until the first bid is submitted.

Buyers may choose not to award any Supplier after the auction ends. Buyers incur no fees.

5. Bidding and Offers (Supplier)

Suppliers may submit Offers at any time during an active auction.

Offers are binding. By submitting an Offer, the Supplier declares: capacity to deliver the goods, ability to meet the delivery timelines, and accuracy of specifications and pricing.

Offers cannot be withdrawn or modified after submission, except by submitting a new bid (which replaces the previous bid).

Suppliers can see competing bid prices (anonymized), but not competitor identities.

6. Awarding of Tender & Contract Formation

A Buyer's acceptance of a Supplier's Offer ("Award") constitutes a binding commercial purchase agreement (Kaufvertrag) between Buyer and Supplier directly.

The Platform: is not a contracting party, does not act as intermediary, broker, or agent, and has no responsibility for contract fulfillment, payment, delivery, or product defects.

After Award, the Platform provides contact details of both parties.

Buyers and Suppliers must finalize all communication directly with one another.

7. Fee Structure for Suppliers

A Commission Fee of 3% of the Transaction Volume applies to all awarded Offers.

The Commission Fee becomes due upon Buyer's Award, regardless of later performance, cancellation, or disputes between Buyer and Supplier.

Suppliers authorize the Platform to issue monthly invoices summarizing awarded Tenders, transaction volumes, and applicable 3% Commission Fee.

Invoices are payable within 14 days unless stated otherwise.

8. Buyer Fees

Buyers use the Platform free of charge.

9. Data Privacy & Confidentiality

The Platform processes personal and company data in accordance with GDPR (EU) and the Platform's Privacy Policy.

Supplier identities remain hidden from Buyers until Award.

Buyer identities remain hidden from Suppliers until Award.

The Platform may anonymize transactional data for analytical or benchmarking purposes.

10. Responsibilities of Users

Users must ensure that all data they provide is accurate.

Buyers must ensure Tender information is correct and does not violate third-party rights.

Suppliers must ensure product specifications, compliance, certifications, and delivery capabilities are accurate.

Users may not circumvent the Platform (no direct deals initiated outside the platform based on Tenders).

11. Liability

The Platform is liable only for intent and gross negligence.

The Platform is not liable for: commercial losses between Buyers and Suppliers, delivery failures, product defects, payment issues, or force majeure.

12. Platform Fees, Billing & Payment Terms (Supplier)

Commission Fees are calculated at 3% of awarded transaction volume.

Monthly invoices are generated automatically.

Late payment interest may apply as permitted by EU commercial law.

The Platform may suspend accounts with unpaid invoices.

13. Termination

Users may terminate accounts at any time with 30 days' notice.

Outstanding Commission Fees remain payable after termination.

14. Changes to Terms

The Platform may update the Terms & Conditions with 14 days' notice. Continued use constitutes acceptance.

15. Governing Law & Jurisdiction

Applicable law: German law. Place of jurisdiction: Hamburg.