1. Introduction
These Terms & Conditions ("Terms") govern all website interactions, business inquiries, quotations, purchase orders, and commercial contracts between The Mist & The Valley ("Company," "we," "us," or "our") and international buyers, importers, distributors, wholesalers, or commercial entities ("Buyer," "you," or "your").
By accessing our website (www.themistandthevalley.com) or submitting a sourcing request, you agree to comply with and be bound by these Terms.
2. Business Model & Single Counterparty Structure
The Mist & The Valley operates as a principal export trading and sourcing desk.
Single Counterparty Guarantee: The Mist & The Valley acts as the sole contracting counterparty for the Buyer. International buyers interact and contract exclusively with The Mist & The Valley. All commercial offers, invoices, quality parameters, export documentation, and logistics coordination are issued directly by us. Origin suppliers and producers communicate exclusively with The Mist & The Valley, ensuring streamlined single-point accountability and commercial privacy for both buyers and suppliers.
3. Products & Specifications
A. Product Sourcing & Availability
Product categories displayed on our website (including agricultural produce, spices, grains, tea, coffee, and processed foods) represent sourcing capabilities across our Indian supplier network. Product availability is subject to seasonal crop harvests, market supply conditions, regional availability, and export regulations.
B. Product Specifications
Actual product specifications, moisture content, grades, crop year, and visual appearance depend on supplier inventory and agreed transaction parameters. Specific grades and parameters are binding only when explicitly set forth in a formal written commercial offer or Purchase Order confirmation issued by The Mist & The Valley.
4. Commercial Quotations & Pricing
- Non-Binding Inquiries: Website inquiry submissions and preliminary discussions do not constitute binding commercial offers.
- Quotations: Official written quotations provided by The Mist & The Valley specify unit prices, currency (typically USD or EUR), trade terms (Incoterms 2020), minimum order quantities (MOQ), packaging types, and validity periods.
- Validity: Unless stated otherwise in writing, commercial quotations are valid for a period specified in the offer (typically 7 to 14 calendar days) due to market fluctuations in agricultural commodities and ocean freight rates.
5. Purchase Orders & Order Confirmation
An export transaction is finalized only when:
- The Buyer issues an official Purchase Order (PO) accepting our commercial quotation; and
- The Mist & The Valley issues a written Sales Confirmation / Proforma Invoice (PI) signed by an authorized representative.
6. Payment Terms & International Banking
Standard B2B trade payment arrangements are established on a per-transaction basis and documented in the Proforma Invoice:
- Telegraphic Transfer (T/T): Typically involves an advance deposit (e.g., 30% to 50%) upon order confirmation, with the remaining balance payable against presentation of shipping documents (Bill of Lading, Invoice, Packing List).
- Letter of Credit (L/C): Irrevocable, confirmed Letter of Credit at sight issued by an internationally recognized bank, subject to mutual agreement prior to contract execution.
- Banking Costs: All international intermediary bank charges, wire fees, and L/C issuance costs outside India are for the Buyer's account unless agreed otherwise in writing.
7. Taxes, Export & Import Duties
The Mist & The Valley coordinates origin export duties, Indian customs documentation, and origin port charges according to the selected Incoterms. The Buyer is solely responsible for destination import customs duties, tariffs, VAT/GST taxes, destination port handling fees, and local clearance expenses in the destination country.
8. Quality Inspection & Sampling
Where agreed in writing prior to order placement, product samples or pre-shipment inspection reports by independent accredited inspection agencies (such as SGS, Geo-Chem, or equivalent) may be arranged at origin. Any inspection costs shall be allocated as specified in the commercial quotation.
9. Risk Transfer & Shipping Terms
Risk of loss or damage to goods transfers from Company to Buyer strictly according to the Incoterm (e.g., FOB, CIF, CFR) agreed in the formal Sales Confirmation.
10. Limitation of Liability
To the maximum extent permitted by applicable law, The Mist & The Valley shall not be liable for indirect, incidental, consequential, special, or punitive damages—including loss of profit, loss of revenue, business interruption, or demurrage charges—arising out of or in connection with any trade inquiry, product delay, or export transaction.
11. Force Majeure
Neither party shall be held liable for failure or delay in performing trade obligations caused by events beyond reasonable control ("Force Majeure"), including but not limited to: natural disasters, severe weather events, floods, crop failures, war, civil unrest, port blockages, government export bans, sudden tariff shifts, or carrier cancellations.
12. Applicable Law & Dispute Resolution
These Terms and any commercial transactions resulting therefrom shall be governed by and construed in accordance with the laws of India. Any legal dispute or claim arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts in India.
13. Contact Information
For questions regarding these Terms & Conditions, please contact our export desk:
The Mist & The Valley
Global Trade & Commercial Compliance Desk
Registered Address: Ooty, Tamil Nadu, India
Email: hello@themistandthevalley.com