Legal
Terms of Service
Effective date: 1 June 2025
1. Parties and Scope
These Terms of Service ("Terms") govern access to and use of the website located at coffee.libroafrica.com ("Site") and any trade inquiry, sample request, or commercial negotiation conducted through it.
The Site is operated by Libro East Africa Limited, a company registered in Kenya and licensed by the Agriculture and Food Authority (AFA) to export green coffee ("Libro", "we", "us"). By accessing the Site or submitting an inquiry, you ("Buyer", "you") agree to these Terms on behalf of yourself and, if applicable, your organisation.
This Site is intended for trade and business use only. It is not directed at end consumers.
2. Website Use
- You may use the Site to browse available coffee lots, request samples, and submit trade inquiries. You may not use the Site for any unlawful purpose or in a manner that could damage, disable, or impair it.
- All intellectual property on the Site — including lot descriptions, cupping notes, photographs, and branding — is owned by or licensed to Libro. You may not reproduce, redistribute, or commercialise any content without our prior written consent.
- Lot availability, pricing, and cupping scores are indicative and subject to change without notice. Publication on the Site does not constitute an offer capable of acceptance.
3. Inquiries and Sample Requests
- Submitting an inquiry or sample request through the Site creates no binding contract. A binding contract arises only upon execution of a written contract or proforma invoice confirmed in writing by both parties.
- Samples are provided at Libro's discretion and are intended solely for cupping and evaluation purposes. Samples may not be resold or redistributed.
- We aim to respond to all inquiries within 2 business days (Nairobi time, Monday–Friday).
4. Pricing and Payment
- All prices are quoted in United States Dollars (USD) unless otherwise agreed in writing.
- Prices are subject to market conditions, currency fluctuations, and harvest variability. A confirmed quote is valid for the period stated in the proforma invoice, typically 7 days.
- Payment terms are specified in the proforma invoice. Standard terms are 50% advance payment with order confirmation and 50% against shipping documents (Bill of Lading / Airway Bill), unless otherwise agreed.
- Bank charges and transfer fees are the responsibility of the Buyer.
5. Minimum Order Quantities
Commercial orders are subject to minimum quantities as stated in the relevant lot specification. We reserve the right to decline orders below the minimum without explanation. Sample quantities are exempt from this requirement.
6. Quality, Grading, and Cupping
- All lots are graded and cupped in accordance with Kenya Coffee Grading Regulations and the Specialty Coffee Association (SCA) cupping protocol.
- Cupping scores published on the Site reflect the most recent independent assessment and are provided in good faith. Minor variation between sample and shipment lots is inherent to natural agricultural products and does not constitute a breach.
- Quality disputes must be raised in writing within 14 days of receipt of shipment, supported by an independent cupping report from an SCA-certified Q-Grader. Libro reserves the right to arrange its own independent assessment.
7. Shipping and Risk
- Unless otherwise agreed, delivery terms are FOB Mombasa (Incoterms® 2020). Risk passes to the Buyer when the goods are loaded on board the vessel at the port of Mombasa.
- Libro will provide all required export documentation including phytosanitary certificates, weight certificates, and EUDR traceability records (where applicable).
- Libro is not liable for delays caused by port congestion, customs clearance, or acts of third-party carriers.
8. EUDR Compliance
Libro is committed to compliance with the EU Deforestation Regulation (EUDR). For shipments to EU member states, we provide full geolocation data for farm plots and supply chain traceability documentation as required under Regulation (EU) 2023/1115. Buyers importing into the EU are responsible for their own due-diligence obligations under the Regulation.
9. Force Majeure
Neither party is liable for delay or failure to perform obligations caused by circumstances beyond their reasonable control, including but not limited to natural disasters, drought, crop failure, civil unrest, strikes, government actions, or shipping disruptions. The affected party must notify the other in writing within 5 business days of the event arising. If the force majeure event continues for more than 60 days, either party may terminate the affected order without liability.
10. Limitation of Liability
- Libro's total liability to the Buyer in connection with any order shall not exceed the total purchase price paid by the Buyer for that order.
- Libro is not liable for indirect, consequential, special, or punitive damages, including lost profits or business interruption, arising from or related to the use of the Site or any commercial transaction, even if advised of the possibility of such damages.
- The Site is provided on an "as is" basis. We make no warranties regarding its availability, accuracy, or fitness for a particular purpose.
11. Confidentiality
Pricing, lot specifications, and commercial terms shared by Libro are confidential. You agree not to disclose them to third parties without Libro's prior written consent, except where required by law or regulation.
12. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms or any commercial relationship established through the Site shall first be referred to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya, unless otherwise agreed in a signed commercial contract.
13. Changes to These Terms
We may update these Terms at any time. The current version is always available at coffee.libroafrica.com/terms. Continued use of the Site following an update constitutes acceptance of the revised Terms. Material changes will be communicated by email where we hold your contact details.
14. Contact
Questions about these Terms should be directed to:
Libro East Africa Limited
Nairobi, Kenya
admin@libroafrica.com