Legal
Terms and conditions
The terms on which you may use this website and send us enquiries, and how they relate to a contract of sale.
1. About these terms
These terms cover your use of this website and the enquiries you send through it. They are not a contract for the sale of coffee. A sale happens only under a separate written contract, and where that contract and these terms disagree, the sale contract wins.
The site is aimed at businesses. We supply green coffee in commercial quantities and do not sell to consumers. By enquiring you confirm you are acting for a business and are authorised to do so.
2. Who we are
- Company
- COFICOM Agro Commodities
- Address
- Plot No. 22, Kudige Somwarpet, Kushalnagar Post Industrial Area, Kodagu District, Karnataka, India
- Phone
- +91 96060 88492
- GSTIN
- 29AAWFC5884EIZQ
3. Nothing here is an offer
The coffees, grades, processes, elevations and cup descriptions on this site are general information. They describe a district or a type of coffee rather than a specific lot, and they change with each harvest.
Submitting the enquiry form does not create a contract, and neither does our acknowledging it. An offer exists only when we issue one in writing, identifying the lot, quantity, quality, price basis, delivery terms and shipment period, and it can be accepted only within the validity stated on it.
Regional figures credited to the Coffee Board of India, and regulatory dates credited to the European Commission, are reproduced in good faith from published sources. Those bodies may revise them, so check the current position before relying on it.
4. Samples and specification
A sample shows you the type of coffee before you commit to volume. Unless we agree otherwise in writing, it is indicative and not a promise that a shipment will be identical. The grade, screen size, moisture, defect count and cup score that apply to a shipment are the ones stated in the sale contract and checked against the approved shipment sample.
Coffee is an agricultural product, and variation between lots, pickings and seasons is normal.
5. Contracts of sale
Sales are concluded on a separate written contract. Unless we agree otherwise, contracts for shipment to Europe are made on the terms of the European Standard Contract for Coffee published by the European Coffee Federation, in the edition current at the date of contract, and delivery terms follow Incoterms 2020.
That contract governs price, quantity, quality, packing, shipment, payment and how disputes are settled. Where it provides for arbitration, that applies instead of section 10 below.
6. Certification and deforestation regulation
What this site says about certification and about EU deforestation rules describes what we can supply in general terms. It is not a certificate, a licence, or a compliance guarantee for any particular shipment.
Certification scope is confirmed per contract. Where a lot carries a certified claim, the certificate and licence details for that lot appear on the offer and on the shipping documents. Certification itself is granted and governed by the certification body under its own standard, not by us.
Regulation (EU) 2023/1115 places its obligations on the operator that puts goods on the European Union market, which in a normal import is the buyer or its importer of record rather than the exporter. We supply geolocation, legality and traceability data to support that operator's due diligence, in good faith and to the best of our knowledge. Preparing and standing behind the due diligence statement remains the operator's responsibility, as does satisfying yourself that a coffee meets the regulatory and food safety requirements of your market.
7. Intellectual property
The text, photographs, charts and design of this site belong to us or are used with permission. You may view the site and print extracts to assess our coffees. Please do not copy, republish or exploit any part of it commercially without our written consent, or collect data from it by automated means.
Third-party names and emblems shown here belong to their owners. The European Union emblem identifies the subject matter of Regulation (EU) 2023/1115 and does not indicate any endorsement, approval or affiliation by the European Union or its institutions. Rainforest Alliance names and marks are the property of the Rainforest Alliance and are used in accordance with its licensing requirements.
8. Liability
Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.
Beyond that, and in relation to this website rather than a sale contract, the site is provided as it is, we do not promise it will always be available or free of error, and we are not liable for loss of profit, business, contracts or goodwill, for indirect or consequential loss, or for a decision you take in reliance on the site rather than on a written offer. Liability under a contract of sale is governed by that contract.
9. Matters outside our control
We are not liable for a failure or delay caused by something beyond our reasonable control. In this business that includes crop failure, drought, unseasonal rain, pest and disease outbreak, fire, flood, war or civil unrest, acts of government, export or import restrictions, sanctions, port closure or congestion, shortage of containers or shipping space, and failure of power or telecommunications.
10. Governing law and general
These terms and any dispute about them or about your use of this site are governed by the laws of India, and the courts at Kodagu District, Karnataka have exclusive jurisdiction. Where a sale contract provides for arbitration, disputes under that contract are resolved as it provides.
If any part of these terms is unenforceable, the rest still applies. A delay in enforcing a right is not a waiver of it. How we handle personal data is set out in our privacy policy. We may amend these terms, and the version on the site when you use it is the one that applies.
Questions about these terms go to admin@coficomagro.com.au or to the address in section 2.