Legal
Terms and Conditions of Service
Version 2.1 · effective September 1, 2026
This English version is provided for convenience. If it differs from the Spanish version, the Spanish version prevails. These Terms govern the foreign trade services provided under the Daleki Trade brand in Ecuador and from Ecuador to the world. Read them carefully before contracting. Contracting implies express acceptance.
1. Acceptance of the Terms
These Terms and Conditions govern the access to and use of the dalekitrade.com site, the ATLAS digital consultant and the professional foreign trade services provided under the Daleki Trade brand. By using the site, conversing with ATLAS, signing a formal quote or making the first payment of an operation, you declare that you have read, understood and accepted these Terms without reservation. If you act on behalf of a legal entity, you declare that you have sufficient authority to bind it. If you do not agree with any of these Terms, do not use the service.
2. Identification of the provider
Daleki Trade is the trade name under which services are provided by D-Legacy SAS, an Ecuadorian company domiciled in Quito, and D-Legacy USA LLC, a United States company domiciled in the State of Florida, both members of Daleki Global. The formal quote for each specific operation will indicate which of the two entities acts as counterparty. Import operations into Ecuador and export operations from Ecuador are contracted, unless otherwise notified, with D-Legacy SAS.
3. Definitions
For the purposes of these Terms: Client is the natural person or legal entity that contracts the services. Operation is each import, export or one-off service contracted through an accepted formal quote and a first payment made. ATLAS is the digital consultant with artificial intelligence available at dalekitrade.com free of charge. Formal quote is the document (PDF or link) issued by Daleki Trade with closed costs and specific conditions for an operation. 50/50 Model is the payment structure described in clause 7. Incoterms are the international commercial terms of the International Chamber of Commerce, in their current version Incoterms 2020. Landed Cost is the total door to door import cost, including FOB, freight, insurance, foreign trade taxes, customs broker fees and inland transportation.
4. Services offered
Daleki Trade provides four service lines: managed door to door importing into Ecuador from China, the United States, Panama, Mexico, Peru, the European Union and other mapped origins; exporting from Ecuador to international markets with documentary and logistics assistance; validation of suppliers at origin; and one-off customs advisory. All operations that require action before the Servicio Nacional de Aduana del Ecuador (SENAE, National Customs Service of Ecuador) are carried out through an authorized Customs Broker, pursuant to article 227 et seq. of the Código Orgánico de la Producción, Comercio e Inversiones (COPCI, Organic Code of Production, Trade and Investment) and its Regulation. Daleki Trade acts as logistics and commercial manager; the customs broker acts as the Client's customs agent for filing the Declaración Aduanera de Importación (DAI, Customs Import Declaration) or Declaración Aduanera de Exportación (DAE, Customs Export Declaration).
5. ATLAS, reference nature
ATLAS is a digital consultant that provides information, estimates and simulations on foreign trade operations based on the customs, tax and control regulations in force and on market rates at the time of the inquiry. The responses of ATLAS, including any Landed Cost calculation, suggested tariff heading or estimated transit time, are exclusively for reference and information purposes. They do not constitute a binding offer, legal advice or a customs ruling. Only the formal quote issued by Daleki Trade and signed or accepted by the Client, with closed costs and specific conditions, is binding. ATLAS is free to use, requires no registration and does not by itself create a contractual relationship.
6. Formal quote and formation of the contract
Before each operation Daleki Trade issues a formal quote with: description of the goods, FOB, mode of transport, route, freight, insurance, estimated foreign trade taxes (ad valorem tariff, IVA (value added tax), FODINFA, ICE when applicable), customs broker fees, inland transportation, Daleki Trade commission and estimated timeframe. The quote is valid for the period indicated in the document itself, generally between five (5) and ten (10) business days, due to the volatility of international freight and exchange rates. The contract is formed upon the Client's express acceptance of the quote and the making of the first payment of the 50/50 model, pursuant to article 1453 of the Código Civil (Ecuadorian Civil Code) and the Ley de Comercio Electrónico, Firmas Electrónicas y Mensajes de Datos (Law on Electronic Commerce, Electronic Signatures and Data Messages).
7. 50/50 payment model
Unless otherwise agreed in the formal quote, the Client pays fifty percent (50%) upon formation of the contract, intended to cover the FOB of the supplier at origin and the contracted international freight. The remaining fifty percent (50%) is paid before customs clearance in Ecuador and covers foreign trade taxes, customs broker fees, inland transportation and the outstanding Daleki Trade commission. Daleki Trade does not advance capital or grant financing. Failure to make the second payment within the indicated period may generate customs storage costs, fines and late charges borne exclusively by the Client, pursuant to the COPCI and the SENAE resolutions in force. A delay in payment exceeding fifteen (15) days may entitle Daleki Trade to request express abandonment (abandono expreso) or to take the steps necessary to mitigate losses, without prejudice to the right to collect the amounts owed.
8. Obligations of the Client
The Client undertakes to: provide truthful, complete and timely information about the goods (actual commercial description, composition, brand, model, end use, weight, volume, actual FOB value); deliver the required commercial and technical documents (commercial invoice, packing list, certificates of origin, technical data sheets, sanitary registrations, type approvals); be responsible for the legality of the goods and for its right to market them in Ecuador, including respect for the intellectual property rights of third parties; comply with obligations to prevent money laundering and terrorist financing, delivering the KYC documentation that may be required in compliance with the Ley Orgánica para la Prevención, Detección y Erradicación del Delito de Lavado de Activos y del Financiamiento de Otros Delitos (Organic Law for the Prevention, Detection and Eradication of the Crime of Money Laundering and the Financing of Other Crimes) and the regulations of the Unidad de Análisis Financiero y Económico (UAFE, Financial and Economic Analysis Unit); and make payments within the agreed periods. Material differences between the goods declared and those actually shipped, as well as undervaluation or tariff classification errors attributable to information from the Client, are its sole responsibility and may give rise to customs penalties, tax adjustments and delays at its expense.
9. Restrictions and prohibited goods
The Client may not use the services of Daleki Trade to import or export prohibited or restricted goods without the prior authorization of the competent authority. This includes, without limitation: weapons, ammunition and explosives without a COMEX license and authorization from the Ministry of Defense; narcotic substances, psychotropics and controlled chemical precursors; hazardous waste without an environmental permit; counterfeit goods or goods that infringe intellectual property rights; used vehicles more than five (5) years from their manufacture; species of fauna and flora protected by CITES; and other goods subject to prohibition under the COMEX and SENAE resolutions and sector regulations in force. Daleki Trade reserves the right to reject any operation that, in its judgment, presents legal, reputational or compliance risk, without the need to justify its decision beyond what is reasonable.
10. Incoterms, transfer of risk and cargo insurance
Each operation is carried out under a specific Incoterm indicated in the formal quote, in accordance with the Incoterms 2020 of the International Chamber of Commerce. The Incoterm defines the time and place at which the risk of the goods is transferred from the supplier to the Client. International cargo insurance is taken out, unless otherwise agreed, on the CIF value and is invoiced to the Client. The coverage, deductibles and exclusions are those of the policy issued by the corresponding insurer, a copy of which is delivered to the Client upon request. Claims for damage or loss in transit are handled before the insurer following the deadlines and procedures of the policy; Daleki Trade will assist the Client in filing the claim but is not liable for the final decision of the insurer.
11. Timeframes and delays
The door to door timeframes indicated in quotes, in ATLAS or in general communications are reasonable estimates based on normal operating conditions. They depend on factors not controlled by Daleki Trade, including port closures, customs congestion, inspection channels (green, yellow or red) determined by SENAE, weather conditions, strikes, administrative decisions, lack of space with shipping lines or airlines, and the availability of the Client's documents. Daleki Trade does not guarantee exact delivery times and is not liable for indirect costs arising from delays, except in cases of willful misconduct or gross negligence directly attributable to it.
12. Limitation of liability
Daleki Trade performs its services with the professional diligence of an expert foreign trade manager. The maximum liability of Daleki Trade to the Client for any claim arising from an operation is limited to the amount of the commission actually collected for that same operation. Daleki Trade is not liable for: indirect damages, lost profits, loss of business opportunity or loss of reputation; decisions of customs, tax or control authorities regarding the goods; supplier rejections, quality defects of the goods or breaches by the manufacturer selected by the Client; delays by carriers, shipping lines or airlines; or the insurer's denial of payment. This limitation does not apply in cases of willful misconduct, gross negligence or when mandatory law establishes a different regime.
13. Force majeure and acts of God
Neither party is liable for breaches arising from force majeure or acts of God (fuerza mayor o caso fortuito), pursuant to article 30 of the Ecuadorian Civil Code, including without limitation: natural disasters, armed conflicts, acts of authority, strikes, decisions of foreign governments, border closures, pandemics, massive cyberattacks on critical infrastructure and similar events beyond the reasonable control of the affected party. The affected party will notify the other within a reasonable period.
14. Confidentiality
Each party undertakes to keep in strict confidence the commercial, technical, financial or strategic information it receives from the other in connection with the service. This obligation extends for the term of the service and for two (2) years after its termination, except for information that is in the public domain through no fault of the receiving party, must be disclosed by legal mandate or by order of a competent authority, or whose disclosure has been authorized in writing.
15. Intellectual property
The dalekitrade.com site, the ATLAS digital consultant, the texts, blog, tariff database, calculation tools, visual identity, trademarks, logos and software are the property of D-Legacy SAS, D-Legacy USA LLC and other entities of Daleki Global, and are protected by the Constitution, the Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación (Código Ingenios, Organic Code of the Social Economy of Knowledge, Creativity and Innovation) and the applicable international treaties. Copying, modifying, decompiling, reproducing, distributing, marketing or creating derivative works without prior written authorization is prohibited. The trademarks and distinctive signs of the suppliers and clients mentioned belong to their respective owners.
16. Electronic communications and signature
The parties accept that communications, quotes, acceptances and receipts exchanged by email, business WhatsApp, electronic signature platforms or the dalekitrade.com site itself have full validity and evidentiary effect under Ecuador's Ley de Comercio Electrónico, Firmas Electrónicas y Mensajes de Datos. The acceptance of a quote by email from an address authorized by the Client, or the first payment of the operation, is equivalent to its signature.
17. Refunds, termination and cancellation
When the Client decides to cancel an operation after having made the first payment, the portion not committed to the supplier, freight forwarder, customs broker or other third parties will be refunded, according to the actual status of the operation at the time of the request. Purchases already placed with the supplier, freight advances, space booked with shipping lines or airlines and services already accrued are non-refundable. Any refund is made through the same payment method used or by bank transfer to the Client's account, within a reasonable period agreed by the parties. Daleki Trade may terminate the service early and without penalty when the Client incurs repeated late payment, documentary falsehood, an attempted operation with prohibited or restricted goods without authorization, or a serious breach of these Terms.
18. Assignment and subcontracting
The Client may not assign its contractual position without the prior written authorization of Daleki Trade. Daleki Trade may subcontract the performance of specific services (customs brokers, freight forwarders, carriers, technology processors) while remaining liable to the Client under these Terms.
19. Amendments to the Terms
Daleki Trade may amend these Terms to reflect regulatory, operational or service changes. The date and version in force are indicated at the beginning. Version in force: 2.1 of September 1, 2026. Operations in progress at the time of a change are governed by the version accepted when the contract was formed; new operations will be governed by the version in force at the time they are contracted.
20. Severability
If any provision of these Terms is declared null, ineffective or unenforceable by a competent authority, the remaining provisions will remain in full force. The parties will negotiate in good faith the replacement of the affected clause with one whose economic and legal effects are as close as possible to the original.
21. Governing law and dispute resolution
Operations contracted with D-Legacy SAS are governed by the laws of the Republic of Ecuador. Any dispute arising from the interpretation or performance of these Terms or of the contracted operation will be resolved preferably through direct negotiation between the parties and, if no agreement is reached within thirty (30) days, through mediation before a legally authorized mediation center in Quito, in accordance with the Ley de Arbitraje y Mediación (Arbitration and Mediation Law). If mediation is unsuccessful, the disputes will be submitted to arbitration at law administered by the Centro de Arbitraje y Mediación de la Cámara de Comercio de Quito (Arbitration and Mediation Center of the Quito Chamber of Commerce), seated in that city and conducted in the Spanish language, whose award will be final and binding on the parties. Alternatively, the parties submit to the jurisdiction of the competent judges of the Metropolitan District of Quito. Operations contracted with D-Legacy USA LLC are governed by the laws of the State of Florida, United States of America, and are submitted to the jurisdiction of the competent courts of Miami-Dade County, unless arbitration is elected under the rules of the American Arbitration Association.
22. Personal data
The processing of the personal data of the Client and of the natural persons linked to the operation is governed by the Privacy Policy published at /en/legal/privacy, which forms an integral part of these Terms.
23. Contact
For inquiries about these Terms you may write to trade@dalekitrade.com, contact us by WhatsApp at +593 99 785 4652 or by mail at the registered business address in Quito.