Terms and Conditions
These Terms of Business are intended to govern the business relations between Handy Trading S.A. and its clients. Based on these Terms of Business, Handy Trading S.A shall provide you with various services such as seller services, mediator with buyer, indirect supplier of raw materials, wholesale, importer, and exporter of goods (all grouped under “International Commerce”).
INDEX
• Member Establishment
• Primary Considerations
• Methods of Payment
• Limitation of Liability
• Law & Jurisdiction
• Changes to Terms
Member Establishment
This Site and the Services are available only to Users (“Client” or “User”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Republic of Nicaragua or another applicable jurisdiction.
These Terms of Business shall form an integral part of any agreement concluded between the you (“Client”) and the Handy Trading S.A. on the execution of the Handy Trading S.A. order form either by way of online order or paper form (“Agreement”). By entering into an Agreement with Handy Trading S.A., the Client accepts these Terms of Business. A price list and a list of services are available on the website of Handy Trading S.A (www.handytradingsa.com).
Any Terms of Business which deviate from, contradict, or supplement these Terms of Business shall not become a part of any Agreement, unless otherwise specifically agreed in writing between the Client and Handy Trading S.A.
Primary Considerations
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You will not use this Site or the Services in a manner (as determined by Handy Trading S.A. in its sole and absolute discretion) that:
- Is illegal or promotes or encourages illegal activity.
- Promotes, encourages, or engages in child pornography or the exploitation of children.
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
- Infringes on the intellectual property rights of another User or any other person or entity.
- Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
- Interferes with the operation of this Site or the Services found at this Site.
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware.
Methods of Payment
As Handy Trading S.A. is a company interested in the sale of large quantities of items, we provide a specific metric of pricing as seen within our catalog. Consequently, we do clarify to our customers that the payment methods we typically work with are cash-in-advance, letters of credit, documentary collections, consignment, and open account.
Cash-in-advance
Cash in advance payment methods are used to eliminate credit risk, or the risk of non-payment, for the seller. In general, the structure of cash in advance transaction fully benefits the seller and poses risks for the buyer. There are international banks and firms that specialize in cross-border escrow and other deposit and custody services. Before choosing a service provider with your importer, check that the escrow service firm is appropriately licensed or accredited. The exporter or the importer can pay the escrow fee, or they can split it evenly.
A Wire Transfer is the most secure and preferred cash-in-advance option for exporters. It’s commonly used, and typically one of the quickest options. A Credit Card is a viable cash-in-advance option, especially for small consumer goods transactions and exporters with e-commerce businesses. An Escrow Service is a cash-in-advance option that can benefit and protect both parties. It places the funds with a trusted third party until the specified conditions are met—namely that goods have been sent in exchange for advance payment.
Letters of Credit
These are payment mechanisms used in international trade to provide an economic guarantee from a creditworthy bank to an exporter of goods. Letters of credit are used extensively in the financing of international trade when the reliability of contracting parties cannot be readily and easily determined.
The letter of credit outlines the conditions under which payment will be made to an exporter. The issuing bank will generally act on behalf of its client (the buyer) to ensure that all conditions have been met before the funds of the letter of credit are released.
Documentary Collections
An exporter receives payment for his goods from an importer after the financial institutions of the parties involved exchange the relevant documentation. The exporter receives cash from the importer for the shipping paperwork, known as “documentary collection.” The customer will need shipping paperwork to clear the items through immigration and take possession.
Consignment
Consignment is an arrangement between a reseller (consignee) and their supplier (consignor), that allows the reseller to pay for their products after the products have been sold. To start, the supplier sends the reseller some products without collecting any payment for them, and the reseller puts them up for sale in their store. Every consignment shop has its own consignment arrangement, but the split between the individual seller and the business usually ranges from 50/50 to 40/60 or 60/40.
Open Account
The goods, together with all the necessary documents, are shipped directly to the importer who has agreed to pay the exporter’s invoice on a specified date. This option is the most advantageous for the importer in terms of cash flow and cost, but it is consequently the highest risk option for an exporter. Some complements of this include Factoring and Bank Payment Obligation (BPO).
We clarify that Handy Trading S.A. does not advise or guide customers fully on the completion of these payments unless specifically agreed to, and we reserve the right to any damages or implications of goods not delivered appropriately unless explicitly agreed on a contract when the sale of goods takes place.
Limitation of Liability
To provide better recommendation services to You, you agree that We can reasonably send You commercial advertisements, Handy Trading S.A.´s latest information about suppliers and products, and other service notices that are necessary to inform You, or show You personalized third party promotional information through our website, including but not limited to system notifications, SMS, and email. In case You do not wish to receive such information, you can unsubscribe or contact corresponding staff to assist you.
Handy Trading S.A. is liable for erroneous management of a sold product, irresponsible behavior from a supplier or any immediate support provided by the staff within the list of services provided. Handy Trading S.A is not responsible for the damages caused by your access and use of Handy Trading S.A. products and related services, not liable for direct, indirect, occasional, special, punitive damages or all other damages caused by your access and use of Handy Trading S.A and related services, notwithstanding the possibility of being informed of the existence of damages in advance. Should You be dissatisfied with some, or all the services provided by Handy Trading S.A, you shall cease to use such services.
Given the different laws, regulations, and policies of different countries, Handy Trading S.A will adopt technical means to circumvent the information that violates the laws, regulations, and policies of the visiting countries, resulting in the display or provision of information or services can be slightly different when the buyer users of different countries visit or use Handy Trading S.A, which does not constitute a breach of contract by Handy Trading S.A, and Handy Trading S.A shall not assume any responsibilities. Any loss caused to Handy Trading S.A due to the circumstances, you shall also undertake to make full compensation, including but not limited to direct and indirect losses of Handy Trading S.A and reasonable expenses such as attorney’s fees, transportation fees, notary fees, translation fees, etc. for claiming the losses.
Law & Jurisdiction
Some important elements to consider regarding laws, conflicts, unexpected circumstances, and settlements:
1. The laws and regulations of the Republic of Nicaragua shall apply to the conclusion, amendment, execution, and interpretation of this Agreement, as well as to the settlement of disputes related to this Agreement. Should there be a lack of definite legal provisions on a particular matter related to this Agreement, reference shall be made to common international business practices and industry practices.
2. Should any provision of this Agreement be wholly or partially invalid or unenforceable for any reason of any kind, the remaining provisions of this Agreement shall continue to be valid and binding.
3. International Court shall be applicable to any cases outside of the jurisdiction of the Republic of Nicaragua shall Handy Trading S.A. share responsibility in any business transaction or operation and will act complying with the overseer organization in any investigations or laws to resolve the issue(s) present.
4. Regarding the following force majeure factors that lead to obstacles of fulfillment, defects, delay, and changes of content of the services, Handy Trading S.A. does not assume the corresponding liability for breach of contract. A reasonable measure will be taken by Handy Trading S.A. promptly to minimize the possible damages incurred to You:
- In the event of natural disasters, strikes, riots, wars, governmental acts, orders of domestic or foreign courts or tribunals, etc.
- Any factors affecting normal network operation due to power supply failure and particular features of the Internet, including hacker attacks, Internet connection interruptions or impacts due to system failures, technical adjustments by telecommunications departments, and temporary shutdowns resulting from government.
- Company regular or emergency equipment and system maintenance, equipment and system failure, network information and data security, and other factors.
5. You acknowledge and agree that Handy Trading S.A. is not a professional judicial institution, we can only judge the evidence submitted by the parties with the knowledge of the public, and do not guarantee that the result can meet your expectation, nor do We assume any responsibility for the result. If You are not satisfied with the outcome, you still reserve the right to resolve the dispute through other dispute resolution procedures, yet You shall be bound to accept or comply with the outcome of Handy Trading´s decision before obtaining a final decision through other dispute resolution procedures.
Changes to Terms
Any changes to this privacy policy will be posted here and unless otherwise noted on our website, and updates provided on the Terms of Service are not as common. We do recommend periodically revisiting this agreement, as anytime a law is passed and enacted in a region where we conduct business, expect the corresponding amendments to be reflected on this Terms of Service Agreement for compliance.