General terms and conditions and Seller Information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Arnas Agro Inc.) via the www.palletgrid.com marketplace internet platform. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. A contactor is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If we place an article on the www.palletgrid.com marketplace, the activation of the offer page on the palletgrid.com marketplace does not constitute a binding offer to conclude a purchase contract, but a request to place an order (purchase offer you have submitted).
(3) You can submit a binding contract offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page, you enter your personal data as well as the payment and shipping conditions. Finally, all order data is displayed on this page as an order overview. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "order subject to payment" button, you are submitting a binding offer to us.
(4) After submitting your order from the palletgrid.com marketplace, you will automatically receive an email confirming that we have received the offer.
(5) If you have not received a shipping confirmation within 5 days, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an contractor, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) If you are a contractor, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply: - culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence; - as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item; - for items that have been used for a building in accordance with their normal use and have caused its defectiveness; - in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) US law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you have no general place of jurisdiction in the USA or your domicile or habitual abode is unknown at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply
§ 6 Cancellation conditions
II. Seller information
1. Identity of the seller
Arnas Agro Inc.
1460 Broadway, New York, NY, 10036 USA
+1 646 480 05 65
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is English.
3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the product or service The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1 The prices given by the seller are wholesale prices and exclude the statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective payment information / shopping cart description.
5.2 For deliveries to countries outside the USA, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such money transfer costs may also apply if delivery is not made outside of the United States, but the customer pays from a country outside of the United States.
5.3 The payment option (s) will be communicated to the customer in the shopping cart description.
5.4 www.palletgrid.com can use different payment service providers for the processing of payments, which are communicated to the customer in the payment information at www.palletgrid.com. Here the customer also receives further information on the respective payment service provider or on the specific payment conditions.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. Unless another deadline is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days of the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment. If you are a contractor, delivery and dispatch are at your own risk.
7. Statutory warranty rights Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
Last update: 05/18/2021