1. General Provisions

• Acceptance of Terms:
  • By placing an order with us, the customer agrees to be bound by these Terms and Conditions.
  • These T&Cs supersede any prior agreements, representations, or warranties, and any terms proposed by the customer are expressly rejected unless agreed to in writing by an authorized representative of our company.
• Company Information:
  • State your full legal company name, address, and registration number.
• Definitions:
  • Clearly define key terms used throughout the document (e.g., “Goods,” “Customer,” “Order,” “Contract,” “Incoterms”).

2. Orders and Contracts

• Order Placement:
  • All orders must be submitted in writing (e.g., purchase order, email).
  • We reserve the right to accept or reject any order for any reason.
• Contract Formation:
  • A binding contract is formed only when we issue a formal, written Order Confirmation or Sales Confirmation to the customer.
• Pricing and Quotations:
  • Prices are as set out in our official quotation, which is valid for a specific period (e.g., 30 days) and are subject to change without notice before a contract is formed.
  • Clearly state the currency of all transactions.

3. Payment Terms

• Payment Methods:
  • Specify accepted methods (e.g., T/T [Telegraphic Transfer], Letter of Credit [L/C], etc.).
• Due Date:
  • Specify the payment schedule (e.g., “100% in advance,” “30% deposit with order, 70% before shipment,” or “Net 30 days from Invoice Date”).
• Non-Payment/Late Payment:
  • State the consequences of late payment, including the right to charge interest on overdue amounts (specify the rate) and the right to withhold or cancel further shipments.
• Taxes and Duties:
  • Clearly state that the customer is responsible for all import duties, customs fees, tariffs, and local taxes in the destination country, unless explicitly stated otherwise in the Sales Confirmation.

4. Shipping, Delivery, and Risk of Loss

This section is critical for an export business. You must reference Incoterms.

• Incoterms (International Commercial Terms):
  • Specify that all international shipments are governed by a specific set of Incoterms 2020 (or the current version).
  • Crucially, specify the agreed-upon Incoterm for the contract (e.g., “Delivery shall be FOB [Named Port of Shipment]” or “Delivery shall be DDP [Named Place of Destination]”).
  • Explanation: The Incoterm defines exactly where risk (who pays if goods are damaged/lost) and cost (who pays for freight, insurance, and duties) transfer from you to the customer.
• Delivery Dates:
  • All delivery dates are estimates and we shall not be liable for any delays caused by external factors (e.g., customs inspection, port congestion, shipping line delays, Force Majeure).
• Passing of Risk:
  • The risk of loss or damage to the Goods shall pass to the Customer in accordance with the agreed-upon Incoterm.
• Inspection and Claims:
  • The customer must inspect the Goods immediately upon arrival.
  • Any claims for shortages, defects, or damage must be reported to us (and the carrier/insurer) within a specific timeframe (e.g., 3 business days of receipt), accompanied by photographic evidence and relevant documentation.

5. Title/Retention of Ownership

• Retention of Title (RoT):
  • State that legal title (ownership) of the Goods does not pass to the customer until full payment for the Goods has been received by us, regardless of when risk passes (which is governed by the Incoterm).

6. Warranty and Liability

• Product Warranty:
  • Specify the duration and scope of the warranty (e.g., “The Goods are warranted against defects in material and workmanship for 12 months from the date of shipment”).
  • Exclusions: Clearly list what the warranty does not cover (e.g., normal wear and tear, misuse, improper installation, maintenance by unauthorized personnel).
• Limitation of Liability:
  • Limit your financial liability to the purchase price of the specific Goods involved in the claim.
  • Exclude liability for indirect, incidental, punitive, or consequential damages (e.g., lost profits, loss of business opportunity).

7. Force Majeure (Unforeseen Circumstances)

• Definition:
  • Define events beyond your reasonable control that excuse performance (e.g., acts of God, war, terrorism, natural disasters, epidemics/pandemics, labor strikes, government intervention, port closures, severe weather affecting shipping).
• Effect:
  • State that if such an event occurs, your obligations will be suspended, and you will not be liable for any delay or failure to deliver or perform.

8. Governing Law and Dispute Resolution

This is another critical section for international business.

• Governing Law:
  • Specify the legal jurisdiction that will govern the contract (e.g., “This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of laws principles.”).
• Dispute Resolution:
  • Option 1 (Preferred for International Trade): Arbitration
    • “Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by [Name of International Arbitration Body, e.g., ICC, LCIA, SIAC] in accordance with its rules. The seat of the arbitration shall be [City, Country], and the language of the arbitration shall be [English/Other].“
  • Option 2:Jurisdiction (Courts)
    • “The parties hereby agree to submit to the exclusive jurisdiction of the courts of [Your City/State/Country] for the resolution of any disputes arising under this Agreement.”

1. Introduction

• Policy Scope: State clearly that this policy governs the collection, use, protection, and sharing of Personal Data collected from website visitors, customers, suppliers, and business partners.
• Company Contact Details:
  • Full Legal Company Name: Offshorewave Private Limited
• • Address: Chetan Heights, 201/A, near SBI Bank, Sasane Nagar, Hadapsar, Pune, Maharashtra 411028
• • Effective Date: September 2025
• Data Controller: State that Offshorewave Private Limited is the Data Controller of the Personal Data collected.

2. Information We Collect

Clearly distinguish between the types of data you collect.

Category of Data	Examples	Purpose
Identity Data	Name, title, job function, company name.	To establish and maintain a business relationship.
Contact Data	Billing address, shipping address, email address, telephone numbers.	To process orders, deliver goods, and send service updates.
Financial Data	Bank account details for wire transfers, payment card details (if applicable), purchase history.	To process payments and manage transactions.
Transaction Data	Details about payments, orders placed by you, product specifications, shipping documents (e.g., commercial invoice, packing list).	To fulfill contractual obligations (i.e., the export/import contract).
Technical Data	Internet Protocol (IP) address, browser type and version, time zone setting, location (from website/app usage).	For website security, maintenance, and internal analytics.
Marketing/Communication Data	Your preferences in receiving marketing from us and your communication preferences.	To send relevant information and manage unsubscribe requests.

3. How We Collect Your Data

• Direct Interactions: You give us your Identity, Contact, and Financial Data by filling in forms, creating an account, or corresponding with us by mail, phone, or email (e.g., when requesting a quote, placing an order, or registering for our newsletter).
• Automated Technologies: As you interact with our website, we may automatically collect Technical and Usage Data using cookies and other similar technologies.
• Third Parties: We may receive Personal Data about you from third parties, such as:
  • Credit reference agencies (Financial Data).
  • Freight forwarders and logistics providers (Contact and Transaction Data).
  • Analytics providers (Technical Data).

4. How We Use Your Personal Data (Purposes and Legal Basis)

For each key purpose, you should state the legal basis for processing the data (required by GDPR and similar laws).

Purpose of Processing	Type of Data Used	Legal Basis (Common Examples)
Processing and Fulfilling Orders	Identity, Contact, Financial, Transaction.	Necessary for the performance of a contract with you.
Managing Payment and Accounting	Financial, Transaction.	Necessary for the performance of a contract and necessary to comply with a legal obligation (e.g., tax/export documentation).
Export/Customs Compliance	Identity, Contact, Transaction.	Necessary to comply with a legal obligation (e.g., customs and trade laws).
General Business Administration	Identity, Contact.	Necessary for our legitimate interests (running our business, providing administration services).
Marketing & Promotions	Identity, Contact, Marketing.	Your consent (where required by law) or our legitimate interests (to grow our business).
Website Security/Improvement	Technical, Usage.	Necessary for our legitimate interests (to ensure the safety and functionality of our online services).

5. International Data Transfers (Crucial for Export)

This section is vital for an export company.

• Statement: We operate internationally, which means the Personal Data we collect may be stored and processed in, and transferred to, countries outside of your home jurisdiction, including countries which may not offer the same level of data protection as your country or the EU/EEA.
• Safeguards: When we transfer your Personal Data internationally, we take all necessary steps to ensure your data is treated securely and in accordance with this Privacy Policy and applicable data protection laws. This includes using safeguards such as:
  • Standard Contractual Clauses (SCCs): Approved by the relevant authorities (e.g., the European Commission).
  • Relying on a country with an Adequacy Decision (for EU/UK data transfers).
  • Obtaining your explicit Consent (where appropriate).

6. Sharing Your Personal Data with Third Parties

We may share your Personal Data with the following categories of recipients:

• Logistics & Shipping: Freight forwarders, shipping lines, port authorities, and customs brokers to facilitate the shipment and customs clearance of your orders.
• Financial Services: Banks, payment processors, and credit reporting agencies to process payments and verify transactions.
• IT & System Providers: Hosting providers, email service providers, and cloud services for the operation of our business.
• Professional Advisors: Lawyers, accountants, and auditors.
• Regulators & Authorities: Government bodies and regulatory authorities (e.g., customs offices, tax authorities) to comply with legal obligations.

Note: We require all third parties to respect the security of your Personal Data and treat it in accordance with the law.

7. Data Security

• We have implemented appropriate security measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed.
• In addition, we limit access to your Personal Data to those employees, agents, contractors, and other third parties who have a business need to know.

8. Data Retention

• We will only retain your Personal Data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements (e.g., maintaining records of contracts and financial transactions for [Specify Time, e.g., 7 years] for tax and customs purposes).

9. Your Legal Rights

Depending on where you are located (e.g., if you are an EU citizen covered by GDPR), you may have the following rights:

• The Right to Access: Request a copy of the Personal Data we hold about you.
• The Right to Rectification: Request correction of inaccurate or incomplete data.
• The Right to Erasure (‘Right to be Forgotten’): Request the deletion of your Personal Data.
• The Right to Object: Object to the processing of your Personal Data for direct marketing or when the legal basis is “legitimate interests.”
• The Right to Restrict Processing: Request us to suspend the processing of your Personal Data in certain scenarios.
• The Right to Data Portability: Request the transfer of your data to you or a third party in a structured, commonly used format.
• The Right to Withdraw Consent: Where we rely on consent as the legal basis for processing, you have the right to withdraw that consent at any time.

10. Cookies Policy

• We use cookies to enhance your experience, analyze site traffic, and serve tailored content.
• We explain how you can manage your cookie preferences through your browser settings.

11. Changes to This Policy

• We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Effective Date” at the top of the policy.

12. Contact Us

• If you have any questions about this Privacy Policy or how we handle your Personal Data, please contact the Data Privacy Manager.