terms and conditions
These Terms and Conditions (“Terms”) govern your use of the website dibafoods.nl and any purchases, orders, or commercial dealings with DIBA Foods (“DIBA Foods”, “DIBA”, “we”, “us”, or “our”). By visiting or using our website, placing an order or otherwise transacting with DIBA Foods, you agree to these Terms.
Exotic of Orient B.V (trading as DIBA Foods)
Chamber of Commerce (KvK): 88211460
VAT Identification Number: NL864539605B01
Email: info@dibafoods.nl
1. Definitions
1.1. Customer or you: any person or business that visits the website or purchases products from DIBA Foods
1.2. Products: the rice varieties and associated goods offered by DIBA Foods
1.3. Services: the website, ordering, and related commercial services.
2. Scope and acceptance
These Terms apply to your access and use of our website, purchases, and all related interactions. If you are contracting on behalf of a business, you confirm you have authority to bind that business. If you do not agree with these Terms, please do not use our website or purchase our Products.
3. Product quality and specifications
3.1. We aim to supply Products that conform to the product descriptions, specifications, and samples shown on the website or provided to you. All Products sold by DIBA Foods are packed and marked in accordance with applicable food safety and labelling rules.
3.2. Products are sold subject to normal agricultural variation. Minor variation in colour, grain length, aroma or weight that do not materially affect the performance or use of a Product do not constitute a defect.
3.3. For technical product specifications, nutritional values and allergen information, please refer to the product detail pages. If you require further technical information, request it in writing and we will provide any available documentation.
4. Use of services and access
4.1. Access to the website is provided on a temporary basis while we maintain it. We reserve the right to withdraw or amend services without notice.
4.2. You are responsible for obtaining access to the website, and for any equipment or connectivity needed to use the website.
5. Intellectual Property
5.1. All website content including text, logos, graphics, design, code and materials (the “Site Content”) is owned by DIBA Foods or its licensors and is protected by copyright, database rights, trademark and other intellectual property laws. For Site Content that we do not own, DIBA Foods holds valid licences, permissions or authorisations to use that material on the Site (including third party images used under stock or site licences). Use of Site Content beyond the permissions expressly granted in these Terms requires DIBA Foods’s prior written consent.
5.2. Certain images, photographs or media on the Site are provided by third parties under licences (for example Unsplash or Pexels) or other arrangements. Where an image depicts an identifiable person, use in commercial marketing may require a model release. While DIBA Foods takes reasonable steps to confirm licence terms and obtain releases where available, if you believe an image on the Site infringes rights please notify us and we will promptly investigate and, where appropriate, remove or replace the image.
6. User contributions and removal of materials
6.1. If you submit feedback, product reviews, images or other materials (“Contributions”) to the website you grant DIBA Foods a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, publish, adapt and display those Contributions for any purpose.
6.2. We may remove or refuse to post Contributions that are unlawful, offensive, or that infringe third party rights. We may remove content without notice and will not be liable for doing so.
7. Reliance on information
7.1. The content on the website is for general information only and does not constitute professional advice. You should not rely on information on the website as an alternative to seeking professional advice from an appropriate person.
7.2. While we use reasonable efforts to ensure the accuracy and completeness of information, we do not guarantee it and accept no liability for reliance on it.
8. Order placement and fulfilment
8.1. Orders placed via the website or by written purchase order are subject to acceptance by DIBA Foods We may refuse or cancel an order for any legitimate reason, including supply shortages or technical errors.
8.2. An order is accepted only when DIBA Foods sends written confirmation of acceptance or dispatches the goods. Terms quoted on the website may be updated at any time before an order is accepted.
8.3. For trade orders, the minimum order quantity (MOQ) and lead times are displayed on product pages or agreed in writing.
9. Pricing and payment
9.1. Prices shown are exclusive of VAT, taxes, duties and shipping charges unless otherwise specified. The price payable for the Products is the price shown in our order confirmation.
9.2. Payment terms are stated on invoices and order confirmations. Payment must be made by the due date. We reserve the right to suspend future supply if payment is overdue.
9.3. We accept payment methods displayed at checkout. We may require prepayment, deposits or other security for first time buyers or large trade orders.
10. Marketing and consent
10.1. Shipping terms, delivery methods, and estimated lead times are shown at checkout or in the order confirmation. Delivery dates are estimates only.
10.2. Title to goods transfers in accordance with the agreed Incoterms on the order confirmation. Risk in the goods passes to you on dispatch in line with the agreed shipping terms.
10.3. You must inspect goods on delivery and notify DIBA Foods of any shortage, loss or damage within the timeframe specified on the order confirmation or delivery note. Failure to notify within that timeframe may waive certain rights.
11. Returns, rejection and refunds
11.1. If goods are defective or do not conform to the specification, you must notify DIBA Foods within the timeframe set out in the order confirmation and provide evidence. We will advise whether to return, replace or refund at our discretion.
11.2. Perishable goods and bulk food supplies often have specific handling rules; returns may be restricted to ensure food safety.
12. Warranties and disclaimers
12.1. We warrant that Products supplied will conform to the product specifications provided and applicable statutory requirements at the time of delivery.
12.2. Except for the express warranties in these Terms and any warranties implied by law which cannot be excluded, all other warranties or conditions, express or implied, are excluded to the fullest extent permitted by law.
12.3. We do not warrant that the website will be uninterrupted or error free.
13. Limitation of liability
13.1. To the fullest extent permitted by law, DIBA Foods’s liability for direct loss arising from breach of these Terms or from products supplied is limited to the price paid for the goods in the relevant order.
13.2. We are not liable for indirect or consequential loss including loss of profits, loss of business or loss of reputation.
13.3. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited.
14. Viruses, hacking and other offences
You must not introduce any malware, virus or harmful code to the website or attempt to disrupt the website’s operations. We will co-operate with law enforcement and may seek damages.
15. Links and third party content
15.1. The website may contain links to third party websites. We do not control or endorse such third party content and accept no responsibility for it.
15.2. Any dealings with third party websites are at your own risk.
16. Advertising and sponsorship
Where we display sponsored content, we will identify it as such. Sponsored content and advertising are subject to separate agreements.
17. Software
Where our website uses downloadable or embedded software (including updates), use is subject to any license terms displayed with the software. You must not reverse engineer or misuse such software.
18. Privacy and data protection
Our Privacy Policy explains how we collect and use personal data. It is available on the website and forms part of these Terms. For data protection obligations see our Privacy Policy.
19. Disputes and jurisdiction
19.1. These Terms are governed by the law of the Netherlands, subject to any mandatory local consumer protection rules that may apply to consumers in other countries.
19.2. For disputes with consumers located in the EU/EEA or UK, local mandatory protection rules apply. Where required by local law, a consumer may bring proceedings in their local courts. For commercial disputes between businesses, the courts of the Netherlands have exclusive jurisdiction unless the parties agree otherwise.
20. Severability
If any provision of these Terms is found unenforceable, the remainder will continue in full force.
21. Force majeure
We will not be liable for failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disaster, war, strikes, supply chain disruption, or governmental restrictions.
22. Confidentiality
Each party must keep confidential any non public business or commercial information obtained from the other, except as required by law or with prior written consent.
23. Amendments
We may amend these Terms from time to time. For existing orders we will not vary the terms unless agreed in writing.
24. Contact
If you have questions about these Terms contact:
DIBA Foods
Email: info@dibafoods.nl
Address: Delistraat 38f, 1094 CX Amsterdam, Netherlands