Legal Terms
General Foreign Trade Legal Clauses and Policy Guidelines for Yiwu to Brazil
General Terms and Conditions
1. Quotation validity period
All quotes are valid for 15-30 days from the date of issuance (subject to the dates specified on the quotation). Quotes that exceed the validity period must be reconfirmed. In the event of significant raw material price fluctuations (±10% or more), we reserve the right to adjust the quote and will notify customers in advance.
2. Contract Signed
Upon mutual confirmation of the order, we will issue a Proforma Invoice or Sales Contract. The contract becomes effective once the customer signs/seals and returns it. Electronic signatures have the same legal validity as handwritten signatures.
3. Delivery Terms
Delivery timeline begins upon receipt of the deposit and is subject to the contract terms. We are not liable for delays caused by force majeure (including but not limited to natural disasters, strikes, pandemics, or government bans). However, we will promptly notify you and work with you to find a solution.
4. Force Majeure
Force Majeure events include, but are not limited to: natural disasters, war, strikes, port congestion, customs clearance delays, and changes in government policies. The affected party must notify the other party in writing within 7 business days of the event and provide supporting documentation.
Cross-Border B2B Transaction Terms
1. Trade Terms
We support the following Incoterms 2020: • FOB (Free On Board): The seller delivers when the goods are placed on board the vessel nominated by the buyer at the named port of shipment. Risk of loss or damage to the goods is transferred from the seller to the buyer at the port of shipment. • CIF (Cost, Insurance and Freight): The seller pays for the cost and freight to bring the goods to the port of destination, but risk of loss or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, is transferred from the seller to the buyer once the goods are on board the vessel at the port of shipment. • DDP (Delivered Duty Paid): The seller delivers when the goods are placed at the disposal of the buyer not cleared for import at the named place of destination. The seller bears all risks and costs involved in bringing the goods to the named place, including duties and taxes paid, such as Brazilian import duties and taxes.
2. Risk Transfer
The transfer of risk strictly follows the selected Incoterms. Under FOB or CIF terms, risk passes to the buyer once the goods have crossed the ship's rail at the port of shipment. We recommend that buyers purchase cargo insurance to cover potential losses during transit.
3. Inspection and Claims
Buyer shall inspect goods within 30 days of receipt. If quality issues are found, submit a written claim with photo/video evidence within 7 business days; otherwise, goods are deemed to meet contract requirements.
Brazilian Data Privacy Statement (LGPD)
1. Legal Basis
This statement is based on Brazil's General Data Protection Law (Lei Geral de Proteção de Dados, LGPD - Law No. 13.709/2018) and applies to all activities conducted by Youchi Trading Co., Ltd. when processing personal data within Brazil.
2. Data Collection Scope
We collect data including, but not limited to: name, company name, email address, phone number, mailing address, order details, and transaction records. All data is used solely for business communication, order processing, and after-sales support.
3. Purpose of Data Use
• Process inquiries and orders • Provide customer service and technical support • Send product updates and marketing communications (with consent) • Fulfill legal obligations • Improve our products and services
4. Data Rights
Under the LGPD, data subjects have the following rights: • Confirm that data processing is taking place • Access, correct, or delete personal data • Request data portability • Withdraw consent • Object to data processing To exercise these rights, please email postmaster@youchigoods.com.
5. Data security measures
We protect your data using industry-standard security measures, including encrypted transmission, access controls, and regular security audits. We do not sell or rent your data to third parties.
Cross-Border Logistics and Customs Clearance Terms
1. Brazilian Customs Policy
Brazil's Federal Revenue Service (Receita Federal) strictly regulates imports. All imported goods must be declared via the Siscomex system, accompanied by a complete commercial invoice, packing list, bill of lading, and certificate of origin.
2. NCM Code
NCM (Mercosur Common Nomenclature) is the standard product classification code used across Mercosur. An accurate NCM code directly determines applicable tariff rates. We will assist customers in verifying their product's NCM code, but the final responsibility for declaration lies with the importer.
3. Duties and taxes
Main taxes applicable to imports from Brazil include: • II (Imposto de Importação): Import Duty, rate 0%-35% • IPI (Imposto sobre Produtos Industrializados): Tax on Industrialized Products • ICMS (Imposto sobre Circulação de Mercadorias e Serviços): Tax on the Circulation of Goods and Services (rates vary by state) • PIS/COFINS: Social Contribution Taxes
4. Demurrage charges
If cargo is held at the destination port due to buyer-related issues (e.g., incomplete documentation or delayed customs clearance), demurrage, storage fees, and other charges shall be borne by the Buyer. We will assist in providing required documents to expedite customs clearance.
5. Responsibility Allocation
FOB/CIF: Buyer handles Brazilian import clearance and associated taxes. DDP: Seller handles clearance and taxes; however, any additional costs incurred due to the buyer's actions are borne by the buyer.
International Settlement and Order Terms
1. Wire transfer path
T/T wire transfer to our designated bank account. Account details will be provided through official channels upon contract confirmation. Please beware of telecom fraud and do not transfer funds to unverified accounts.
2. Exchange rate risk
Prices are quoted in USD or CNY. Exchange rate fluctuations will be shared as agreed by both parties. We recommend placing orders promptly when exchange rates are favorable to lock in pricing.
3. Payment Node
• Deposit: Pay 30% deposit within 7 business days after contract signing; order becomes effective upon receipt. • Balance: Pay 70% balance before shipment, after production completion and quality inspection. • Letter of Credit (L/C): Follow L/C terms; negotiation must be completed prior to shipment.
4. Overdue payment
If the Buyer fails to make payment by the agreed date, we reserve the right to suspend production or shipment and charge a late fee of 0.05% per day. If overdue by more than 30 days, we may cancel the order and forfeit the deposit.
Tariff and Tax Information
1. Tax Inclusive Pricing Details
Unless otherwise specified, our quotes are FOB prices (excluding international shipping, insurance, and destination taxes). CIF prices include shipping and insurance but exclude Brazilian import duties. DDP prices cover all costs to the final delivery address.
2. Tax Bearer
FOB/CIF: Buyer (importer) is responsible for all taxes, including Brazilian import duties, IPI, ICMS, PIS/COFINS, etc. DDP: All aforementioned taxes are covered by the seller and included in the DDP price.
3. Certificate of Origin Preference
Both China and Brazil are dialogue partners of Mercosul. Certain products may qualify for tariff reductions by applying for the FORM S preferential certificate of origin. We will assist in processing the certificate; the exact discount depends on the product's NCM code.
4. Compliance Requirements
Products exported to Brazil must comply with local technical regulations and certification requirements (e.g., INMETRO, ANATEL, ANVISA). We will assist in providing the necessary documentation and test reports for certification; however, certification costs and timelines will be agreed upon by both parties.
Privacy Policy
1. Information Collection
The information we collect includes: • Information you provide voluntarily: name, company, email, phone, address, inquiry content, etc. • Automatically collected information: IP address, browser type, pages visited, time spent (via Cookie technology).
2. Information Usage
• Respond to your inquiries and provide quotes • Process orders and arrange shipping • Provide customer service and technical support • Send product updates and industry news (with your consent) • Improve website functionality and user experience • Comply with legal and regulatory requirements
3. Information Sharing
We will not sell, rent, or exchange your personal information. We may share it only in the following cases: • With your explicit consent • With logistics partners required to fulfill your order (limited to necessary delivery information) • When required by law or pursuant to a lawful request from government authorities
4. Cookie Usage
We use cookies to improve your experience, including: • Remembering your language preferences • Analyzing website traffic and usage patterns • Delivering personalized content You can disable cookies via your browser settings, but this may affect some features.
5. Contact Us
If you have any questions about this Privacy Policy or wish to exercise your data rights, please contact us using the following methods: • Email: postmaster@youchigoods.com • Phone: +86 19058170188 • Address: Room 2008, Building B, Futian Silver Center, Financial Business District, Futian Street, Yiwu City, Zhejiang Province
Need help with legal terms?
For any questions, please contact our legal team or your dedicated sales representative.
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