Legal
Terms and Conditions of Service
Version 3.1 · effective October 13, 2026
This English version is provided for convenience. If it differs from the Spanish version, the Spanish version prevails. These Terms govern the use of dalekitrade.com, the ATLAS digital consultant and the foreign trade services that D-Legacy SAS provides under the Daleki Trade brand. They are governed by the laws of the Republic of Ecuador. Read them before contracting: accepting a formal quote or making the first payment means you expressly accept them, including the dispute resolution clause.
1. Acceptance and scope
These Terms govern access to dalekitrade.com, the use of the ATLAS digital consultant and the calculator, and the professional foreign trade services provided under the Daleki Trade brand. Using the site or ATLAS means accepting the clauses that apply to them. Professional services are contracted through a formal quote, and accepting it or making the first payment means fully accepting these Terms in the version in force on that date. The services are aimed at individuals with an economic activity and at companies that contract them for their business, commercial or productive activity. If you contract as an end consumer under the Ecuadorian Organic Consumer Protection Law, you keep the non-waivable rights that law grants you, and no clause of these Terms will be interpreted against you. Anyone accepting on behalf of a company represents that they have sufficient authority to bind it.
2. Identification of the provider
Daleki Trade is the trade name under which D-Legacy SAS provides its services. D-Legacy SAS is a simplified stock company incorporated in the Republic of Ecuador, domiciled in Quito and a member of Daleki Global. It is the only contractual counterparty for every operation, issues the corresponding electronic invoices and receives every payment in its corporate accounts. Its RUC (tax ID) appears on every invoice and is provided at the Client’s request before any payment.
3. Definitions
Client is the individual or company that contracts the services. Operation is each import, export or one-off service contracted through an accepted formal quote. Formal quote is the written document, as a PDF or data message, that Daleki Trade issues with the scope, line items, conditions and validity of an operation. Reference estimate is any figure provided by ATLAS, the calculator or any site content before the formal quote. Foreign trade taxes are the duty, VAT, FODINFA, ICE, safeguards and other charges set by the authority. 50/50 model is the payment structure described in clause 8. Landed Cost is the total cost of an import delivered at destination. Incoterms are the International Chamber of Commerce rules, Incoterms 2020 version.
4. Services
Daleki Trade provides four service lines: managed importing into Ecuador; exporting from Ecuador; supplier validation at origin; and customs and tariff advisory. The specific scope of each operation is the one described in its formal quote. Anything not stated in it is not part of the contracted service.
5. Role of Daleki Trade and of the customs broker
Daleki Trade acts as the Client’s commercial and logistics manager. It is not a customs broker and does not file customs declarations in its own name. Every filing before Ecuador’s National Customs Service (SENAE) is made by a customs broker licensed under article 227 and following of the Organic Code of Production, Trade and Investment (COPCI) and its Regulations, who acts as the Client’s customs agent for the import declaration (DAI) or export declaration (DAE). The Client is the importer or exporter and the declarant, operates with its own RUC and answers to the authority for the accuracy of the information and documents it provides. Daleki Trade never imports or exports under a RUC other than the Client’s.
6. ATLAS and the calculator
ATLAS is a free digital consultant that runs on artificial intelligence models, and the calculator is an estimation tool. Both provide general information and reference estimates, dated according to the parameters they used, based on regulations and market data that can change. A reference estimate is not a quote, offer, firm price, legal advice or customs ruling, and it may contain errors typical of artificial intelligence. Only the formal quote binds the parties. ATLAS does not make decisions with legal effects on the user: every quote and every operation goes through the Daleki Trade team. When using ATLAS, the user agrees not to enter third parties’ personal data without authorization, sensitive data, credentials or confidential information they do not want to share, and not to try to alter how it works, extract its instructions or data, automate mass queries or use it for unlawful purposes. Daleki Trade may limit, suspend or modify ATLAS at any time and does not guarantee its continuous availability.
7. Formal quote and adjustments
Before each operation Daleki Trade issues a formal quote with the description of the goods, FOB, mode of transport, route, freight, insurance, foreign trade taxes estimated under the proposed tariff code, customs broker fees, local delivery, the Daleki Trade commission and the estimated lead time. The quote states its validity, usually five (5) to ten (10) business days because freight and exchange rates move. The contract is formed upon express acceptance of the quote and the first payment, in accordance with the Civil Code, the Commercial Code and the Law on Electronic Commerce, Electronic Signatures and Data Messages. The Daleki Trade commission and its own fees stay fixed during the operation. Foreign trade taxes are set by the authority and are settled as it determines. If a difference arises during the operation, this rule applies: when it comes from a Daleki Trade error in the quote, Daleki Trade bears it; when it comes from an act of authority (reclassification, valuation adjustment, inspection, regulatory or tax change), from incomplete or inaccurate information from the Client, from surcharges of shipping lines, airlines or other third parties outside Daleki Trade, or from delays attributable to the Client, the Client bears it, with the corresponding documentary support.
8. 50/50 payment model
Unless the formal quote states otherwise, the Client pays fifty percent (50%) when the contract is formed, for the supplier’s FOB and international freight, and the remaining fifty percent (50%) before customs clearance in Ecuador, for foreign trade taxes, customs broker fees, local delivery and the balance of the commission. Daleki Trade does not advance capital or extend credit. Every payment is made only to corporate accounts of D-Legacy SAS communicated in writing through the official channels; a payment made to a different account or to an individual does not discharge the Client’s obligation and does not bind Daleki Trade. The Currency Outflow Tax (ISD), bank fees and transfer costs are borne by the Client. Failure to make the second payment on time generates the storage, demurrage and fines that apply, borne by the Client, and default interest at the maximum conventional rate in force. If the delay exceeds fifteen (15) days, Daleki Trade may suspend the operation and take the measures the COPCI allows to mitigate losses, without prejudice to collecting what is owed.
9. Obligations of the Client
The Client agrees to provide truthful, complete and timely information about the goods (real commercial description, composition, brand, model, use, weight, volume and actual FOB value) and the commercial and technical documents required; to keep its RUC and its importer or exporter registration active; to obtain the permits, licenses, sanitary registrations and certificates the goods require; to guarantee it has the right to sell them without infringing third parties’ intellectual property; to provide the know-your-customer information requested; and to pay on the agreed dates. Differences between what is declared and what is shipped, undervaluation and classification errors originating in the Client’s information are its sole responsibility.
10. Supplier validation
Supplier validation is a verification and comparison service based on the information available at the time of the report: the manufacturer’s existence and licenses, declared capacity, references, reputation on platforms and, when the quote says so, an on-site visit. The report does not guarantee the supplier’s future conduct, future production quality or performance of its contracts. The purchase decision and final negotiation belong to the Client, unless it also contracts managed importing.
11. Prohibited goods and right to refuse
The Client may not use the services to import or export prohibited goods, or restricted goods without prior authorization from the competent authority. This includes, among others, weapons, ammunition and explosives without the required authorizations; narcotic and psychotropic substances and controlled precursors; hazardous waste without an environmental permit; counterfeit goods or goods that infringe intellectual property rights; species protected by CITES; and any goods prohibited by COMEX or SENAE resolutions or sector regulations. Daleki Trade may refuse or suspend an operation that presents legal, customs, reputational or compliance risk.
12. Incoterms, risk and cargo insurance
Each operation runs under the Incoterm stated in the formal quote, which defines when risk passes from the supplier to the Client. Unless otherwise agreed, the quote includes cargo insurance on the CIF value, taken out with an insurer and invoiced within the operation. Coverage, deductibles and exclusions are those of the policy issued, a copy of which is given to the Client on request. Claims for loss or damage in transit are filed with the insurer; Daleki Trade supports the claim but is not liable for the insurer’s decision.
13. Lead times
The lead times stated in the quote, by ATLAS or in any communication are estimates based on normal operating conditions. They depend on factors outside Daleki Trade’s control, such as port closures or congestion, the inspection channel SENAE assigns, space with shipping lines or airlines, weather, strikes, acts of authority and the timely delivery of documents by the Client.
14. Service commitments
In managed import operations with an accepted formal quote and complete and truthful information from the Client, Daleki Trade makes three commitments. First, if SENAE makes a final determination of a tariff code different from the one quoted and the difference comes from the classification proposed by Daleki Trade, it refunds the full commission of that operation. Second, if the operation exceeds the agreed lead time for a reason attributable solely to Daleki Trade, it discounts ten percent (10%) of its commission for that operation. Third, it includes in the quote the cargo insurance described in clause 12. These commitments do not apply when the cause is an act of authority, a regulatory change, the Client’s information, a third party or force majeure; they do not accumulate and are the sole remedy for the cases they cover.
15. Limitation of liability
Daleki Trade provides its services with the diligence of a professional foreign trade manager; its obligations are of means, except for the express commitments of clause 14. Its total liability to the Client for any claim arising from an operation is limited to the commission actually collected for that operation. Daleki Trade is not liable for lost profits, indirect damages, loss of opportunity or reputation; for acts or decisions of authorities; for the quality, defects or breaches of the supplier chosen by the Client; for delays or losses of carriers, shipping lines, airlines or the customs broker beyond Daleki Trade’s own management; or for any use made of reference estimates from ATLAS, the calculator or the site content. This limitation does not apply in cases of fraud or gross negligence, or where mandatory law provides otherwise.
16. Indemnity
The Client will hold D-Legacy SAS, its officers and staff harmless from sanctions, taxes, fines, third-party claims and costs, including reasonable defense fees, arising from false, incomplete or inaccurate information from the Client, from prohibited or restricted goods, from infringement of intellectual property rights or from breach of its legal or contractual obligations.
17. Force majeure
Neither party is liable for non-performance caused by force majeure or unforeseeable events under article 30 of the Ecuadorian Civil Code, such as natural disasters, armed conflicts, acts of domestic or foreign authorities, strikes, border or port closures, pandemics and cyberattacks on third-party infrastructure. The affected party will notify the other as soon as it can.
18. Anti-money laundering
Daleki Trade applies know-your-customer and source-of-funds procedures under Ecuador’s Organic Law on the Prevention, Detection and Eradication of Money Laundering and Terrorist Financing and the rules of the Financial and Economic Analysis Unit (UAFE). It may request documentation, refuse payments from unidentified third parties, suspend or terminate an operation when there are risk signals, and report to the competent authority when the law requires it, without any liability to the Client.
19. Confidentiality
Each party will keep confidential the commercial, technical and financial information it receives from the other in the course of the service, during the service and for two (2) years after it ends. Public information, information that must be disclosed by law or by an authority, and information the other party authorizes in writing are excluded.
20. Intellectual property and use of the site
The dalekitrade.com site, ATLAS, the calculator, texts, blog, databases, visual identity, trademarks and software belong to D-Legacy SAS or to the Daleki Global entities that authorize their use, and are protected by Ecuador’s Organic Code of the Social Economy of Knowledge, Creativity and Innovation and applicable treaties. Copying them, extracting them in bulk or by automated means, decompiling, reproducing or exploiting them without written authorization is prohibited. The blog, guides, calculators and FAQ are general information, may change with regulations and do not replace advice on a specific case. Third-party trademarks mentioned belong to their owners.
21. Electronic communications and official channels
Under articles 2 and 45 of the Law on Electronic Commerce, Electronic Signatures and Data Messages, quotes, acceptances, instructions and receipts exchanged by email, WhatsApp or electronic signature are fully valid and admissible as evidence. The only official channels of Daleki Trade are the email trade@dalekitrade.com, the WhatsApp number +593 99 785 4652 and the dalekitrade.com site, or those D-Legacy SAS communicates in writing through them. Daleki Trade never asks for payments to personal accounts and never changes its bank details through a different channel; an instruction received by any other means does not bind Daleki Trade and the Client must verify it before acting.
22. Cancellation and termination
If the Client cancels an operation after the first payment, it is refunded the part not committed to the supplier, carrier, customs broker or other third parties, according to the actual status of the operation. Orders already placed with the supplier, freight or space already paid, services already provided and the earned commission are not refundable. Refunds are made to an account of the Client within a reasonable agreed period. Daleki Trade may end the relationship without penalty upon repeated late payment, document falsification, prohibited or unauthorized restricted goods, money laundering risk signals or a serious breach of these Terms.
23. Assignment and subcontracting
The Client may not assign its contractual position without the written authorization of Daleki Trade. Daleki Trade may rely on customs brokers, carriers, insurers and technology providers to perform the service, and answers to the Client for its own management under these Terms.
24. Personal data
The processing of personal data is governed by the Privacy Policy published at dalekitrade.com/en/legal/privacy, in accordance with Ecuador’s Organic Law on Personal Data Protection and its Regulations, and forms part of these Terms.
25. Amendments
Daleki Trade may update these Terms to reflect regulatory, operational or service changes. The version in force is 3.1 of October 13, 2026. Each operation is governed by the version in force when its contract was formed; later changes do not alter it unless agreed in writing.
26. Precedence and severability
The specific conditions of a formal quote prevail over these Terms in what they expressly regulate. If a clause is declared void or unenforceable, the others remain in force and the parties will replace it in good faith with one of equivalent effect. Tolerating a breach does not waive the right to demand performance.
27. Governing law and dispute resolution
These Terms and each operation are governed by the laws of the Republic of Ecuador. The parties will try to resolve any dispute through direct negotiation for thirty (30) days after one of them gives written notice of it. If that fails, they will submit it to mediation at the Arbitration and Mediation Center of the Quito Chamber of Commerce and, absent a full agreement, to arbitration at law administered by that same Center, under the Arbitration and Mediation Law and its Regulations, with one arbitrator, seated in Quito, in Spanish and confidential. The award will be final and binding. The parties may go to the competent courts of Quito only for interim measures and to enforce the award. This clause does not deprive anyone contracting as an end consumer of the avenues guaranteed by the Organic Consumer Protection Law.
28. Contact
For any question about these Terms, write to trade@dalekitrade.com or send a WhatsApp message to +593 99 785 4652.