Terms & Conditions

TERMS AND CONDITIONS

Last Updated: January 2026

Introduction

Welcome to DM Enterprise. These Terms and Conditions (“Terms”) govern your use of our website and the purchase of products from DM Enterprise.

By accessing our website or engaging in business with us, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. DEFINITIONS

“Company,” “We,” “Us,” “Our”: DM Enterprise, registered in Kolkata, West Bengal, India

“Client,” “You,” “Your”: The person or entity purchasing products or using our services

“Products”: Agricultural products, fruits, vegetables, grains, pulses, tea, sweets, meats, and other items offered for export

“Services”: Export services including documentation, quality assurance, logistics coordination

“Website”: The DM Enterprise website and all associated pages

2. GENERAL TERMS

2.1 Eligibility

Our services are intended for businesses, importers, distributors, and retailers
You must be at least 18 years old and legally authorized to conduct business
You must have the authority to bind your company to these Terms

2.2 Business Relationship

These Terms create a business relationship between buyer and seller
Each transaction is subject to individual agreement and confirmation
No exclusive partnership is created unless specified in separate agreement

3. WEBSITE USE

3.1 Permitted Use

You may use our website to:

Browse product information
Request quotes and product catalogues
Contact us for business inquiries
Download publicly available documents

3.2 Prohibited Use

You may not:

Use our website for unlawful purposes
Attempt to gain unauthorized access to our systems
Transmit viruses or malicious code
Copy, reproduce, or redistribute content without permission
Use automated systems (bots, scrapers) without authorization
Impersonate DM Enterprise or misrepresent affiliation

3.3 Account Security

If you create an account, you are responsible for maintaining confidentiality
Notify us immediately of any unauthorized access
You are responsible for all activities under your account

4. PRODUCT INFORMATION

4.1 Product Descriptions

We strive to provide accurate product descriptions, images, and specifications
Product appearance may vary slightly from images
All weights, measurements, and specifications are approximate
Products are subject to seasonal availability

4.2 GI-Certified Products

GI-certified products (Joynagar Moya, Mihidana, Sitabhog) are authentic and sourced from designated geographical regions
GI certification guarantees origin and traditional preparation methods

4.3 Halal-Certified Products

All meat products are 100% Halal certified under I-CAS scheme
Processed according to Islamic rites in government-approved facilities
Certificates provided with each shipment

4.4 Product Availability

Product availability varies by season (especially mangoes, seasonal fruits)
We reserve the right to discontinue products without notice
Availability is confirmed at time of quote

5. QUOTES AND ORDERS

5.1 Quotation Process

All quotes are provided upon request
Quotes are valid for 15 days unless otherwise specified
Quotes are not binding until confirmed order is accepted
Prices in quotes are subject to change based on market conditions

5.2 Minimum Order Quantities (MOQ)

MOQ varies by product category
Mangoes: 1 ton minimum
Other fruits/vegetables: 500 kg minimum
Sweets: 100 kg minimum
Meats: 1 ton minimum
Rice/Pulses: 1 ton minimum
Customized MOQ may be negotiated

5.3 Order Confirmation

Orders must be confirmed in writing (email)
We reserve the right to accept or reject any order
Order confirmation will include: product details, quantity, price, delivery terms, payment terms
Accepted orders constitute a binding agreement

5.4 Order Modifications

Order changes must be requested in writing
Modifications accepted only before production/procurement begins
We reserve the right to charge for modifications
Cancellations may incur charges depending on stage of fulfillment

6. PRICING AND PAYMENT

6.1 Pricing

All prices quoted in Indian Rupees (INR) or US Dollars (USD)
Prices are FOB, CIF, or CFR as specified in quote
Prices exclude taxes, duties, and customs charges unless stated
Currency exchange rates fluctuations may affect final pricing

6.2 Payment Terms

For New Clients:

100% advance payment via bank transfer
Letter of Credit (LC) accepted

For Established Clients:

Payment terms negotiable based on relationship
Net 30/60/90 days may be offered
Partial advance with balance before shipment

6.3 Payment Methods

Bank Wire Transfer (SWIFT)
Letter of Credit (LC) – Irrevocable, confirmed
Bank Guarantee
Other methods by arrangement

6.4 Late Payment

Late payments may incur interest charges
We reserve the right to withhold shipments for overdue payments
Legal action may be taken for non-payment

6.5 Taxes and Duties

Prices exclude destination country import duties, taxes, and customs fees
Buyer responsible for all import-related charges
GST applicable as per Indian law (included in export invoicing)

7. EXPORT AND SHIPPING

7.1 Shipping Terms

Incoterms 2020 apply
Available terms: FOB, CIF, CFR (specified in quote)
Shipping timeline provided as estimate, not guarantee
Delays due to customs, weather, or force majeure not our responsibility

7.2 Delivery

Delivery timelines are approximate
We coordinate export from India; buyer responsible for import clearance
Risk transfers as per agreed Incoterms
Buyer must provide accurate delivery information

7.3 Documentation

We provide complete export documentation:

Commercial Invoice
Packing List
Certificate of Origin
Phytosanitary Certificate (for fresh produce)
Halal Certificate (for meats)
GI Certificate (for certified products)
Health Certificate
Other documents as required by destination country

7.4 Inspection

Products inspected before shipment
Third-party inspection can be arranged (cost to buyer)
Pre-shipment inspection report provided on request

7.5 Packaging

Products packed according to international export standards
Special packaging requests accommodated (may incur additional cost)
Packaging designed for safe transport and product protection

8. QUALITY ASSURANCE

8.1 Quality Standards

All products meet APEDA and FSSAI standards
Products graded and quality-checked before export
We maintain strict hygiene and safety protocols
Temperature-controlled handling for perishable items

8.2 Certifications

APEDA Registered
GI Certified (for applicable products)
Halal Certified (I-CAS)
ISO Compliant
FSSAI Licensed
Certificates provided upon request

8.3 Sampling

Product samples available on request
Sample cost may apply (refundable against order)
Samples represent product quality, slight variations may occur in bulk

9. RETURNS AND CLAIMS

9.1 Quality Complaints

Quality complaints must be reported within 5 days of delivery
Photographic evidence and inspection report required
We will investigate and respond within 10 business days

9.2 Damaged/Defective Products

Damage during transit covered if we arranged shipping (CIF/CFR)
Buyer must report damage immediately upon receipt
Insurance claims processed as per policy terms
We are not liable for damage if buyer arranged shipping (FOB)

9.3 Returns

Perishable products cannot be returned once shipped
Returns accepted only for verifiable quality defects
Return shipping cost responsibility determined case-by-case
Refund or replacement offered based on circumstances

9.4 Claim Process

Notify us immediately with details and evidence
Preserve product in current condition for inspection
Provide third-party inspection report if available
Allow reasonable time for investigation
Accept proposed resolution or escalate dispute

10. LIABILITY AND DISCLAIMERS

10.1 Limitation of Liability

Our liability is limited to the value of the products sold
We are not liable for indirect, consequential, or incidental damages
We are not liable for loss of profit, business interruption, or data loss
Force majeure events exempt us from liability

10.2 Product Liability

Products sold “as is” with quality certifications provided
We do not guarantee fitness for specific purpose beyond standard use
Buyer responsible for compliance with destination country regulations
Buyer assumes risk for product use and resale

10.3 Force Majeure

We are not liable for delays or non-performance due to:

Natural disasters, weather events
War, terrorism, civil unrest
Government actions, export bans
Transportation strikes or disruptions
Pandemic, epidemic
Crop failure, natural calamities
Any event beyond our reasonable control

10.4 Website Disclaimer

Website information is provided “as is” without warranties
We do not guarantee website availability or error-free operation
Technical information and specifications are subject to change
Links to third-party sites are provided for convenience only

11. INTELLECTUAL PROPERTY

11.1 Ownership

All content, logos, trademarks, and materials are owned by DM Enterprise
“DM Enterprise” name and logo are our trademarks
Product images, descriptions, and website design are protected

11.2 Use Restrictions

You may not use our intellectual property without written permission
You may not copy, modify, or distribute website content
Product images may be used by buyers for marketing with attribution

11.3 Customer Content

If you provide feedback, suggestions, or testimonials, you grant us right to use them
We may use your company name as a client reference (with permission)

12. CONFIDENTIALITY

12.1 Confidential Information

Business terms, pricing, and trade information are confidential
Both parties agree to maintain confidentiality
Confidential information may not be disclosed to third parties

12.2 Exceptions

Confidentiality does not apply to:

Information already in public domain
Information legally obtained from other sources
Information required to be disclosed by law

13. COMPLIANCE

13.1 Export Compliance

We comply with all Indian export laws and regulations
Products exported in accordance with APEDA guidelines
Buyer responsible for compliance with import regulations

13.2 Sanctions and Restrictions

We do not export to sanctioned countries or entities
Buyer warrants they are not on any restricted party list
Transactions subject to government approval

13.3 Food Safety

All products comply with FSSAI (Food Safety and Standards Authority of India)
Halal products comply with Islamic dietary laws
Buyer responsible for destination country food safety compliance

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of India
Subject to jurisdiction of courts in Kolkata, West Bengal, India

14.2 Dispute Resolution

Step 1: Negotiation

Parties agree to attempt resolution through good-faith negotiation
30-day negotiation period before escalation

Step 2: Mediation

If negotiation fails, disputes submitted to mediation
Mediation conducted in Kolkata, India

Step 3: Arbitration

Unresolved disputes submitted to arbitration
Arbitration conducted in Kolkata under Arbitration and Conciliation Act, 1996
Arbitration decision is final and binding

Step 4: Litigation

As last resort, disputes may be taken to court
Exclusive jurisdiction: Courts of Kolkata, West Bengal, India

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms constitute the entire agreement between parties
Supersedes all prior agreements and understandings
Individual transaction agreements supplement these Terms

15.2 Amendments

We reserve the right to modify these Terms at any time
Changes effective upon posting on website
Continued use constitutes acceptance of changes
Significant changes will be notified to active clients

15.3 Severability

If any provision is found invalid, remaining provisions continue in effect
Invalid provisions replaced with valid provisions of similar effect

15.4 Waiver

Failure to enforce any provision does not waive our right to enforce later
Waiver of one breach does not waive future breaches

15.5 Assignment

You may not assign your rights without our written consent
We may assign our rights and obligations to successors or affiliates

15.6 Language

These Terms are written in English
English version prevails in case of translations

15.7 Notices

All notices must be sent to:

DM Enterprise
Email: info@dmebharat.com
Phone: +91 74394 51136
Address: 88/3 B.C. Chatterjee Road, Barrackpore, Kolkata – 700123, West Bengal, India

16. CONTACT INFORMATION

For questions about these Terms and Conditions:

DM Enterprise

Email: info@dmebharat.com

Phone/WhatsApp: +91 74394 51136

Address:
88/3 B.C. Chatterjee Road
Barrackpore, Kolkata – 700123
West Bengal, India

Office Hours:
Monday to Saturday: 9:00 AM – 6:00 PM IST

ACCEPTANCE

By using our website, requesting quotes, or placing orders, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.