Legal

Terms and Conditions

Last Revised: Oct 1, 2025

Introduction

These Terms and Conditions govern the use of the services offered by FoodsMas SAS (hereinafter “FoodsMas” or the “Platform”), a company incorporated under the laws of the Republic of Colombia, through which exporters (Sellers) and international buyers (Buyers) may conduct transactions of exotic fresh and processed agri-food products (hereinafter the “Products”).

Registration and use of the Marketplace implies the full, express, and unconditional acceptance of these Terms and Conditions, as well as their Annexes (Privacy Policy, Cookies Policy, and Fees and Compensation Conditions).

General

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1. Registration and Acceptance

1.1. The use of the Platform is limited to legal entities or individuals with sufficient legal capacity to enter into binding international sales contracts.
1.2. The user (Seller or Buyer) must complete the registration form with truthful, accurate, and updated data, and will be solely responsible for its authenticity.
1.3. FoodsMas may request additional documentation (e.g., certifications, sanitary registrations, identity documents, or proof of legal existence) to verify the information.
1.4. FoodsMas may reject or cancel registrations without creating any right to compensation.

2. Modifications

FoodsMas may amend these Terms and Conditions, as well as applicable fees or conditions, by notifying users with at least seven (7) calendar days in advance.
Continued use of the Platform implies acceptance of such modifications.

3. Notifications

All communications shall be made through:

  • The registered email address.

  • Notifications within the Platform.

  • Official communications from FoodsMas.
    They shall be deemed delivered at the time they are sent.

4. Business Model

FoodsMas acts as a B2B facilitator:

  • The sales contract is executed directly between Seller and Buyer, under their sole account and risk.

  • FoodsMas does not purchase, manufacture, or resell Products.

  • FoodsMas provides:

    • Product listing and visibility.

    • Access to international buyers.

    • Value-added services (factoring, insurance, market intelligence, commercial representation).

    • Technological and administrative support.

5. Shipping and Logistics

  • FoodsMas may recommend logistics operators (air or sea), but final contracting is the Seller’s sole responsibility.

  • The risk of loss or damage transfers to the Buyer at the point defined by the applicable Incoterm (FOB, FCA, CIF, etc.).

  • The Seller is responsible for ensuring packaging, labeling, and documentation comply with local and international regulations.

6. Delay Costs

  • If a delay is attributable to the Seller (e.g., late dispatch), the Seller shall bear the costs.

  • If a delay is attributable to the Buyer (e.g., missing import permits), the Buyer shall bear the costs.

  • In case of dispute, FoodsMas may mediate and determine the responsible party.

7. Seller’s Representations and Warranties

The Seller represents and warrants that:

  • It is legally constituted and authorized to export.
  • Its Products comply with sanitary and phytosanitary regulations (ICA, INVIMA, FDA, EU, Codex Alimentarius).
  • The Products are original, new, and fit for human or industrial consumption.
  • Information published on the Platform is truthful and verifiable.
  • It authorizes FoodsMas to use its trademarks and images for promotional purposes.

Prohibited conduct:

  • Sale of counterfeit, adulterated, used, or uncertified products.
  • Misleading publication or price manipulation.
  • Infringement of intellectual property rights.

Non-compliance entitles FoodsMas to suspend the account, remove products, and report to competent authorities.

8. Fees and Compensation

  • The Seller shall pay FoodsMas commissions and fees for the use of the Marketplace and additional services.

  • The specific percentages and applicable fees are detailed in the Annexes on Fees and Compensation, which are an integral part of these Terms and Conditions.

  • FoodsMas shall notify any changes at least five (5) calendar days prior to enforcement.

9. Product Listing Conditions

The Seller must provide:

  • Technical product descriptions (Spanish/English).
  • Sanitary and quality certifications.
  • Updated images and technical sheets.
  • Prices, Incoterms, and real availability.

FoodsMas may reject or deactivate listings that fail to meet minimum quality, safety, or regulatory standards.

10. Marketplace Operation

  • FoodsMas manages the Platform but does not intervene in the direct contractual relationship between Seller and Buyer.
  • FoodsMas may act as a payment intermediary on behalf of the Seller, deducting applicable commissions and fees before transferring funds.
  • FoodsMas may limit, suspend, or remove products in cases of repeated non-compliance, complaints, or returns.

11. Liability

  • FoodsMas does not guarantee the identity of users and is not responsible for:

    • Final product quality.
    • Damages during transport.
    • Non-compliance with regulations in the destination country.
  • Each user is responsible for their conduct and for complying with the laws applicable to export/import.

12. Intellectual Property

  • Sellers retain ownership of their trademarks and content.
  • FoodsMas may use such content in the Marketplace and promotional campaigns.
  • Unauthorized use of FoodsMas trademarks or content is prohibited.

13. Rules of Conduct

The user (Seller or Buyer) agrees to:

  • Not transfer, sell, or assign their account.
  • Not defame, harass, impersonate, or abuse others.
  • Not publish confidential information of third parties.
  • Not upload illegal, offensive, or misleading content.
  • Maintain professional and respectful behavior on the Platform.

14. Termination

  • FoodsMas may suspend or cancel a user’s account in cases of:

    • Breach of these Terms.

    • Fraudulent or illegal activities.

    • Publication of prohibited or counterfeit products.

    The user may deactivate their account at any time by notifying FoodsMas.

15. Governing Law and Dispute Resolution

  • These Terms are governed by the laws of the Republic of Colombia.
  • Parties shall attempt to resolve disputes directly.
  • If no agreement is reached, disputes shall be submitted to arbitration before the Chamber of Commerce of Bogotá, under its current rules.
  • The language of the arbitration shall be Spanish.

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