CHAPTER A
Using the Delibari platform
This chapter applies to your use of the Platform and every feature made available through it. Some features may be subject to additional service-specific terms set out below or in your Order Form.
01Overview
1.1 These Terms apply to every use of the Services and the Platform by the Customer. Any general terms and conditions of the Customer are expressly excluded unless Delibari agrees to them in writing.
1.2 Capitalised terms have the meanings set out in the Definitions appendix.
1.3 Delibari may update these Terms from time to time. If a change materially adversely affects the Customer, Delibari will provide at least thirty (30) days' prior notice . The Customer may then terminate its active Subscription by written notice before the change takes effect.
Contracting entity
Delibari Pte. Ltd., a company registered in Singapore, 68 Circular Road, #02-01, Singapore 049422. The contracting entity may vary depending on the Customer's billing address; any other applicable entity will be specified in the Order Form.
02Registration & subscription
2.1 · Registration
To use the Services, the Customer must create an account and select a Subscription where applicable. The Customer warrants that all information provided is accurate, complete, and kept up to date.
2.2 · Account details
The Customer must promptly update any changes to billing address, contact information, email, and other relevant account details through the Platform — or notify Delibari if an update cannot be performed in-platform.
2.3 · Trial period
Where indicated at registration, the Customer may start with a free trial for the duration shown. Unless the Customer cancels before the trial ends, the Subscription will convert to a paid Subscription and applicable fees will be charged.
2.4 · Usage limits & overage
Subscriptions may include usage limits (shipments, labels, tracking events, notifications, users, locations, pickup-point transactions, return labels). If the Customer exceeds a limit, Delibari may (i) upgrade the Customer to a higher tier, and/or (ii) charge overage fees per unit, at the price displayed in the Platform or agreed in writing.
2.5 · Billing frequency
Subscription Fees may be billed monthly or annually, as shown in the Platform or agreed between the Parties.
2.6 · Changes to plans, fees & features
Delibari may change plans, features, and/or Subscription Fees. Such changes take effect thirty (30) days' prior notice after written notice to the Customer. If a change materially adversely affects the Customer, the Customer may terminate its active Subscription before the effective date by written notice.
2.7 · Annual inflation adjustment
Delibari may adjust prices once every twelve (12) months by the greater of (i) 5% or (ii) the applicable official inflation index, with at least one (1) month prior notice. The termination right in Section 2.6 does not apply to adjustments made under this clause.
03Acceptable use
3.1 · Prohibited activities
The Customer agrees not to:
- use the Services in an illegal, fraudulent, deceptive, or harmful manner;
- interfere with, disrupt, or compromise the integrity or security of the Services or related systems;
- access or use the Services to build a competing product or to benchmark them without Delibari's prior written consent;
- attempt to gain unauthorised access to the Services, systems, networks, or data;
- upload, transmit, or distribute malware, viruses, or harmful code;
- send spam, unsolicited communications, or unauthorised advertising via the Services;
- store or transmit content infringing intellectual property, privacy, or other third-party rights;
- impose unreasonable load on the infrastructure (scraping, data mining, automated extraction) without written consent;
- use the Services in breach of applicable law, including data protection, consumer protection, and shipping regulations.
3.2 · User-generated content
If the Customer uploads or shares content through the Services, it represents and warrants that it has all necessary rights and that such content does not infringe third-party rights.
3.3 · Monitoring & enforcement
Delibari may monitor and investigate use of the Services for compliance. Delibari may suspend or terminate access if it reasonably believes the Customer has breached these Terms.
04Invoicing & payment
4.1 Unless stated otherwise, all fees are exclusive of VAT, sales tax, withholding tax, and any other applicable taxes or duties.
4.2 The Customer must notify Delibari of invoice disputes within fourteen (14) days of the invoice date. After this period, the invoice is deemed accepted.
4.3 Unless agreed otherwise, invoices are due within fourteen (14) days of the invoice date. Late payment may trigger suspension of Services and/or late-payment interest to the extent permitted by law.
4.4 Delibari may require prepayment or additional security (such as payment-method verification) where reasonably necessary.
4.5 Set-off and suspension rights are excluded to the extent permitted by law, unless Delibari has acknowledged the claim in writing.
05Liability
5.1 · No consequential damages
Delibari is not liable for indirect, incidental, special, or consequential damages — including loss of profits, loss of savings, loss of goodwill, business interruption, or loss of data — regardless of the legal basis.
5.2 · Claim limitation period
Any claim must be brought within one (1) year after the event giving rise to it, to the extent permitted by law.
5.3 · Liability cap
Or the amounts paid by the Customer under the applicable Subscription during the twelve (12) months preceding the event — whichever is lower. To the maximum extent permitted by law.
€10,000
5.4 · Third-party services
Delibari is not liable for failures or interruptions caused by third parties — including Shopify, carriers, pickup-point networks, payment processors, messaging providers, or insurers.
5.5 · Downtime
Delibari is not liable for damage arising from temporary unavailability of the Platform, scheduled maintenance, or outages.
5.6 · No excluded losses cap
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence or wilful misconduct.
06Suspension & termination
Delibari may suspend or terminate access to the Services, immediately and without liability, in case of:
- material breach of these Terms (including non-payment after notice);
- fraudulent, illegal, or harmful use of the Services;
- risk to the security or integrity of the Platform;
- insolvency, bankruptcy, or winding-up of the Customer.
On termination, the Customer's right to use the Services ceases and outstanding fees become immediately due. Certain provisions — confidentiality, intellectual property, liability, data usage — survive termination.
07Data usage
Processing of personal data is governed by our Privacy Policy and, where applicable, a Data Processing Agreement. Where Delibari processes personal data on the Customer's behalf, Delibari acts as a data processor underArt. 28 GDPR.
Delibari may use aggregated and anonymised data derived from use of the Services for analytics, benchmarks, and Service improvement.
08Privacy
Each Party will keep confidential any non-public information disclosed by the other Party that is marked as confidential or should reasonably be understood as such. Confidential information may only be used for the purposes of these Terms and disclosed to employees or contractors on a need-to-know basis, subject to equivalent obligations.
These obligations survive for three (3) years after termination, and indefinitely for trade secrets.
09Intellectual property
All rights, title, and interest in the Platform, the Services, and related documentation — including software, trademarks, designs, and know-how — remain with Delibari or its licensors. Subject to these Terms, Delibari grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription term.
Feedback: if the Customer provides feedback, Delibari may use it freely to improve the Services, without obligation.
10Miscellaneous
10.1 · Governing law
These Terms are governed by French law, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
10.2 · Jurisdiction
Any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, subject to mandatory consumer protection provisions.
10.3 · Assignment
The Customer may not assign or transfer these Terms without Delibari's prior written consent. Delibari may assign these Terms, in whole or in part, to an affiliate or to a successor in connection with a reorganisation, merger, or sale of assets.
10.4 · Severability
If a provision is held invalid or unenforceable, the remaining provisions stay in full force. The Parties will replace the affected provision with one that most closely reflects the original intent and is enforceable.
10.5 · Entire agreement
These Terms, together with the Order Form, the Privacy Policy, and the DPA (where applicable), constitute the entire agreement between the Parties and supersede any prior agreements or statements.
CHAPTER B
Shipping-related services
This chapter applies whenever the Customer uses Delibari to generate labels, book pickups, ship parcels, or connect to carriers. Where it conflicts with Chapter A, this chapter prevails for shipping-specific matters.
11Role & scope
Delibari acts as a technology intermediary between the Customer and the carrier. The transport contract is concluded directly between the Customer (as shipper) and the carrier. Delibari is not itself a carrier and does not perform the physical transport.
Implications
Claims related to transport (loss, damage, delay) must be handled with the carrier under the applicable carrier terms and the CMR Convention or equivalent. Delibari may assist but is not a party to the transport contract.
12Customer obligations
The Customer warrants that each shipment:
- is properly packed, labelled, and addressed in accordance with carrier requirements;
- complies with all applicable laws, including customs, export control, and sanctions regulations;
- contains only goods that are accurately declared — with truthful weight, dimensions, value, and contents;
- does not contain prohibited or undeclared dangerous goods (see Sections 13 & 14);
- is collected or handed over in a way that complies with the carrier's instructions.
13Dangerous goods
Dangerous goods (as defined byADR,IATA DGR , or equivalent regulations) may only be shipped with Delibari where (i) the selected carrier accepts them, (ii) they are properly classified, packaged, labelled, and documented, and (iii) the Customer has obtained all required authorisations.
The Customer is solely responsible for compliance. Delibari may refuse or suspend shipments that do not meet these conditions.
14Prohibited goods
The following goods may never be shipped through Delibari, regardless of carrier:
- Live animalsAny species, any age.
- Human remainsIncluding ashes, tissues, body parts.
- Firearms & ammunitionIncluding parts and accessories.
- Illegal drugsNarcotics and controlled substances.
- Cash, cheques, bearer bondsNegotiable instruments of any kind.
- Counterfeit goodsAny IP-infringing merchandise.
- Radioactive materialAny isotope, any quantity.
- Sanctioned itemsAnything subject to EU, UN, or US sanctions.
Carriers may apply further restrictions. The Customer must always check the carrier-specific prohibited list before shipping.
15Shipping indemnification
The Customer indemnifies and holds Delibari harmless against all claims, damages, fines, or costs arising from:
- breach of Section 12 (Customer obligations), 13 (Dangerous goods), or 14 (Prohibited goods);
- incorrect or misleading shipment declarations (weight, dimensions, value, contents, HS code);
- violation of customs, export control, or sanctions regulations;
- third-party claims caused by the shipment or its contents.
16Transport fees & measurements
16.1 · Quotes & surcharges
Shipping rates shown in the Platform are based on the Customer's declared weight, dimensions, service, and destination. Carrier surcharges (fuel, residential, remote area, peak-season, handling, customs, etc.) may apply and are passed through to the Customer.
16.2 · Re-measurement & adjustment
If the carrier's measurements differ from the declared weight or dimensions, the carrier's measurements prevail. Delibari may then (i) re-invoice the difference, (ii) apply the carrier's correction fee, and/or (iii) charge an administrative handling fee.
16.3 · Disputes
Remeasurement disputes must be raised with Delibari within fourteen (14) days of the correction invoice, with supporting evidence (photographs, packing slip, verified-scale reading). After this period, the correction is deemed accepted.