Terms of Service
# **Terms & Conditions**
## **NICASALE - Premium Nicaragua Natural Products**
*Last Updated: December 2024*
By placing an order with NICASALE, you agree to the following terms and conditions. Please read carefully before ordering.
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## **1. COMPANY INFORMATION**
**Business Name:** NICASALE / FRANCOBUSCHMAN LLC
**Business Type:** Agricultural Export Company
**Location:** Rivas, Nicaragua
**Contact:** +505 5707-7624 | info@nicasale.com
**Website:** www.nicasale.com
We are a legally registered business operating agricultural exports from Nicaragua to the United States, specializing in premium natural products from volcanic highland farms.
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## **2. PRODUCTS & PRICING**
### **Product Quality:**
- All products are sourced from partner farms in Nicaragua's volcanic highlands
- Quality specifications are provided on individual product pages
- Products are processed and packaged within 30 days of shipment
- We guarantee products meet the specifications listed on our website
### **Pricing:**
- All prices are listed in US Dollars (USD)
- Prices include product cost and Nicaragua export processing
- Shipping costs are clearly listed and added separately
- US import duties (currently 18% additional) are buyer's responsibility
- Prices are subject to change due to market conditions, with 30 days notice for existing customers
### **Product Availability:**
- Products are subject to seasonal availability and harvest cycles
- We maintain reasonable inventory but cannot guarantee unlimited availability
- Advance ordering recommended during peak harvest seasons (October-February)
- Alternative products or delivery dates may be offered if requested items are unavailable
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## **3. ORDERING PROCESS**
### **Minimum Orders:**
- **Sample orders:** 1 lb minimum per product
- **Air freight bulk orders:** 5 lb minimum total order
- **Sea freight bulk orders:** 25 lb minimum total order
### **Order Confirmation:**
- All orders require written confirmation via email
- Orders are not final until payment terms are agreed
- We reserve the right to refuse orders that exceed our capacity
- Custom specifications require advance discussion and agreement
### **Product Modifications:**
- Standard products are sold as specified on product pages
- Custom processing available for orders over 100 lbs (additional costs may apply)
- Special requests must be discussed before order placement
- Not all modifications may be possible due to processing limitations
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## **4. PAYMENT TERMS**
### **Accepted Payment Methods:**
- Wire transfers (preferred for bulk orders)
- PayPal (sample orders and smaller purchases)
- Credit cards through secure payment system
- Cryptocurrency (Bitcoin, USDC)
### **Payment Schedule:**
- **Sample orders (1-4 lbs):** Full payment required before shipping
- **First-time bulk orders:** 50% deposit required, 50% balance due before shipping
- **Established customers:** Net 30 terms available after 3+ successful orders
- **Large orders (1,000+ lbs):** Custom payment terms negotiable
### **Currency & Fees:**
- All pricing in US Dollars (USD)
- Currency conversion fees are buyer's responsibility
- Wire transfer fees are buyer's responsibility
- PayPal fees are included in our pricing
- Returned payment fees ($50) charged for insufficient funds
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## **5. SHIPPING & DELIVERY**
### **Shipping Responsibility:**
- We handle all Nicaragua export processing and documentation
- International freight is arranged and paid by us (costs passed to customer)
- US customs duties and any additional fees are buyer's responsibility
- Final delivery coordination in USA is our responsibility
### **Delivery Timeline:**
- **Air freight:** 11-16 business days total
- **Sea freight:** 34-38 business days total
- **Processing time:** 5-8 business days before shipment
- **Seasonal delays:** Possible during harvest season (October-February)
### **Shipping Risks:**
- Products ship "FOB Destination" - we retain responsibility until delivery
- All shipments are insured for full value
- Weather, customs, or carrier delays beyond our control may extend delivery times
- Customer will be notified promptly of any delays
### **Delivery Issues:**
- Damaged products will be replaced at no charge with photographic evidence
- Non-delivery will result in full refund or replacement shipment
- Incorrect products will be replaced and return shipping arranged
- Customer must report delivery issues within 48 hours of receipt
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## **6. QUALITY GUARANTEE**
### **Our Quality Promise:**
- Products will match specifications listed on our website
- Fresh products processed within 30 days of shipment
- Proper packaging to maintain quality during transit
- Complete documentation provided with every shipment
### **Quality Issues:**
- Sample orders: 100% satisfaction guarantee - refund or replacement if not satisfied
- Bulk orders: Replacement or credit for products not meeting specifications
- Quality claims must be made within 30 days of receipt
- Independent laboratory testing may be required for quality disputes (costs shared)
### **Limitations:**
- Normal variations in agricultural products are expected and acceptable
- Color, size, and flavor variations within specified ranges are normal
- Seasonal harvest variations may affect some characteristics
- We cannot guarantee products will meet unstated or unreasonable expectations
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## **7. RETURNS & REFUNDS**
### **Returnable Items:**
- Products that do not meet published specifications
- Products damaged during shipping (our responsibility)
- Products shipped in error
- Sample orders that do not meet quality expectations
### **Non-Returnable Items:**
- Products that meet specifications but don't fit customer's unstated needs
- Products damaged after delivery due to improper storage
- Products ordered in error by customer (wrong product/quantity)
- Products past 30-day claim period
### **Return Process:**
- Contact us within 48 hours of delivery for damaged products
- Quality issues must be reported within 30 days
- Return authorization required before sending products back
- Return shipping costs depend on reason for return
### **Refund Timeline:**
- Refunds processed within 7 business days of resolution
- Credit card refunds may take 3-5 additional days to appear
- Wire transfer refunds may incur bank fees (deducted from refund)
- Replacement products shipped within 10 business days when possible
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## **8. INTERNATIONAL TRADE COMPLIANCE**
### **Export Regulations:**
- All exports comply with Nicaragua government regulations
- Proper export licenses and documentation provided
- Products are legally exportable agricultural goods
- Customer responsible for compliance with destination country laws
### **Import Responsibilities:**
- Customer responsible for all import duties and taxes
- Currently 18% additional duty applies to Nicaragua imports to USA
- Customer responsible for compliance with FDA and USDA requirements
- We provide necessary documentation but cannot guarantee customs clearance
### **Prohibited Uses:**
- Products are intended for food, beverage, and supplement applications
- Not for pharmaceutical or medical use without proper licensing
- Not for re-export without appropriate licenses
- Not for any illegal purposes in destination country
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## **9. LIMITATION OF LIABILITY**
### **Our Liability is Limited To:**
- Replacement of defective products
- Refund of purchase price for unsatisfactory products
- Shipping costs for replacement products when we are at fault
### **We Are Not Liable For:**
- Indirect, consequential, or punitive damages
- Loss of profits or business interruption
- Costs exceeding the purchase price of the products
- Delays due to customs, weather, or carrier issues beyond our control
- Use of products in applications for which they are not intended
### **Force Majeure:**
- Natural disasters, government actions, or other events beyond our control
- Crop failures, weather damage, or farm-related disruptions
- Transportation strikes, port closures, or shipping disruptions
- Currency restrictions or banking system failures
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## **10. INTELLECTUAL PROPERTY**
### **Our Property:**
- NICASALE name, logo, and branding materials
- Website content, product descriptions, and photography
- Processing methods and quality specifications
- Farm relationships and sourcing information
### **Customer Use:**
- Product information may be used for customer's business purposes
- Resale and private labeling permitted with purchased products
- Attribution appreciated but not required for standard product information
- Exclusive use agreements available for large volume customers
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## **11. PRIVACY & DATA PROTECTION**
### **Information We Collect:**
- Contact information for order processing and communication
- Payment information for transaction processing (not stored long-term)
- Shipping addresses for delivery coordination
- Communication records for customer service
### **How We Use Information:**
- Order fulfillment and customer service
- Product updates and availability notifications
- Legal and regulatory compliance
- Business relationship management
### **Information Sharing:**
- Shipping companies for delivery coordination
- Payment processors for transaction handling
- Government authorities as required by law
- Never sold or shared for marketing purposes
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## **12. DISPUTE RESOLUTION**
### **Communication First:**
- Most issues can be resolved through direct communication
- Contact us immediately with any concerns or problems
- We are committed to fair and reasonable solutions
- Documentation and evidence help resolve disputes quickly
### **Escalation Process:**
1. **Direct contact** with our customer service team
2. **Management review** for unresolved issues
3. **Independent mediation** if needed (costs shared)
4. **Legal action** as last resort (see jurisdiction below)
### **Jurisdiction:**
- Disputes governed by laws of Nicaragua and/or United States
- Legal action may be pursued in appropriate courts
- Costs and attorney fees may be awarded to prevailing party
- Preference for arbitration over litigation when possible
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## **13. MODIFICATIONS TO TERMS**
### **Changes to These Terms:**
- Terms may be updated periodically to reflect business changes
- Customers will be notified of material changes via email
- Continued ordering after changes constitutes acceptance
- Previous orders remain subject to terms in effect at time of order
### **Custom Agreements:**
- Large volume customers may negotiate custom terms
- Written agreements supersede these general terms
- Special arrangements must be signed by authorized representatives
- Custom terms apply only to specifically covered transactions
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## **14. CONTACT INFORMATION**
### **For Questions About These Terms:**
📱 **WhatsApp:** +505 5707-7624
📧 **Email:** legal@nicasale.com
📞 **Phone:** Available during business hours (8 AM - 5 PM CST)
📍 **Address:** Matagalpa, Nicaragua
### **Business Hours:**
- **Monday-Friday:** 8:00 AM - 5:00 PM (Central Standard Time)
- **Saturday:** 9:00 AM - 2:00 PM (Central Standard Time)
- **Sunday:** Closed (emergency contact available via WhatsApp)
### **Response Times:**
- **Urgent issues:** Within 4 hours during business hours
- **General inquiries:** Within 24 hours
- **Technical questions:** Within 48 hours
- **Legal/contract issues:** Within 72 hours
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## **ACCEPTANCE OF TERMS**
By placing an order, requesting samples, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
**NICASALE - Premium Nicaragua Natural Products**
*We are committed to fair business practices, quality products, and excellent customer service. These terms are designed to protect both parties while ensuring smooth business relationships.*
**Questions about these terms?** Contact us before placing your order - we're happy to clarify any points or discuss custom arrangements for substantial orders.
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*These terms are effective as of the date listed above and remain in effect until updated. Your continued business relationship with us constitutes ongoing acceptance of the current terms.*