TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as "Terms") govern the use of our services and purchases at aggregatemarket.com and aggregatemarkets.com (hereinafter referred to as "Pages") services provided by Ayren Inc hereinafter referred to as the "Seller"), and the user/client (hereinafter referred to as the "Buyer") as well as the general terms of use of Ayren Inc.
To complete the purchase transaction for the service the Buyer must select a desired material, enter their location, and pick time and add it to the virtual shopping cart.
If you need assistance with your purchase, feel free to contact our customer service by emailing support@aggregatemarkets.com or calling on the number shown on main page.
1. GENERAL TERMS
1.1 The Reservation System includes the possibility for the Buyer to enter into a purchase and sale agreement with the Seller for the services offered on the websites aggregatemarket.com, aggregatemarkets.com and/or ayren.ai
1.2 The Buyer must be at least 18 years of age or a legal entity, who, before concluding a purchase and sale transaction and using other Seller services, confirms that they have read and agree to these Terms and undertake to comply with them.
1.3 If the individual Buyer is under 18 years of age, the Buyer confirms, by making the purchase and sale transaction, that their legal representative has previously approved the transaction in accordance with the law or that they are executing the transaction with funds provided to them for that purpose by their legal representative or with the consent of a third party.
1.4 Before making a purchase and sale transaction for a service and using other Seller services, the Buyer confirms that they have read these Terms, agree to comply with them, treat them as binding conditions of the transaction with the Seller. If the Buyer does not agree with the Terms, they are prohibited from making a purchase and sale transaction with the Seller for the Goods.
1.5 By completing an online order from Pages, you consent to communication via email and/or phone/text message for various purposes related to your order, such as updates, shipping information, promotions, or customer service inquiries.
1.6 In addition to these Terms, the legal relationships arising from the use of services between the Seller and the Buyer are also regulated by the US law, which must also be followed by the Seller and the Buyer in matters not separately regulated in these Terms.
1.7 These Terms and Conditions apply to all purchases made on Pages and with our business unless otherwise agreed in writing. Prices listed are in dollars and include all applicable sales taxes on the time of the purchase and sale transaction, as well as other taxes imposed by the State or local government. By ticking the agreement box online you confirm that you have read and agree with the Terms and Conditions that carry the same legal power as written contracts with Ayren Inc. Terms are conducted in English. It's recommended to print or backup all order information and relevant data. Ayren Inc bears no responsibility for lost data or any other indirect damages caused by products sold, unless specified otherwise under.
2. BUYER'S RESPONSIBILITY AND COMPLIANCE
2.1 By placing an order, Buyer acknowledges that access to the delivery site must accommodate heavy trucks. Failure to meet this requirement may result in goods being offloaded as close as feasible to the delivery point. If unloading is not possible due to inadequate conditions, a missed delivery charge will apply. The driver will endeavor to contact you before delivery. You have the option to specify your preferred delivery location on the order form and mark the location outside to streamline the process.
2.2 By placing an order, Buyer acknowledges that the goods will be offloaded at the most appropriate location on the driveway, sidewalk, or street, granting the truck driver complete authority to determine this location, regardless of your concurrence. Should you be absent during delivery, you also assume full responsibility for any consequences arising from the unattended placement of the goods.
2.3 Certain conditions must be met at the delivery site to ensure a smooth delivery process. The area where the truck needs to drive should be free of cement slabs, pavers, or similar materials that could burst. Additionally, the surface must be able to support the weight of a heavy truck. Upon arrival, the driver will assess the desired delivery location. If the driver determines that the request cannot be fulfilled, the material will be unloaded as close to the desired location as deemed safe. Access for heavy trucks is essential. It's advisable to consider these conditions when selecting a delivery site, especially in small areas or narrow streets. If the buyer requests delivery beyond the curb line, they assume full liability for any damages to sidewalks, driveways, or other property, as well as any resulting losses or expenses, to the fullest extent permitted by law
2.4 The surface must be capable of supporting the weight of a heavy truck. If the unloading location is muddy or poses any risk of moving or sinking, it is the decision of the truck driver whether to proceed. In the event of the truck becoming stuck, the costs of extraction shall be borne by the customer if the truck driver has previously warned of the risk of sinking and associated hazards. The same applies to the risk of sinking on any surface. Ayren Inc shall not cover any costs associated with the restoration of landscaping, grass, or other related expenses resulting from truck-related damage, including instances of the truck becoming stuck or incorrect assessments of soil durability and/or improper choice of unloading locations.
2.5 If the delivery cannot be completed (i.e closed gate, dogs running around etc) and due to inability to contact you or unsuitability of the delivery site, you will be responsible for the haul charge of a missed delivery.
2.6 Ayren Inc bears no responsibility for any expenses or loss of income resulting from a delayed or missed delivery, such as expenses incurred by the customer for hiring a landscaping team or taking time off work. Furthermore, Ayren Inc is not accountable for costs associated with arrangements made by the customer with external parties, such as landscaping companies, in connection with an order.
3. DELIVERY AND MATERIAL NOTICES
3.1 Product size and color variation disclaimer. Size Variation: Please allow larger or smaller pieces for up to 20% within your product. This is due to the sieve mechanism. For example: one side of the stone will be in the size range, ohter side may be shorter or longer than the given range. Product Coloration: Product photos may appear darker or lighter than a natural product.
3.2 Be aware that bulk materials are loaded onto trucks using a large equipment and scoops as well as scales may be calibrated differently. Consequently orders may experience a -20/+20% difference in the load amount compared to the quantity indicated on the order confirmation. This variation is inherent to the industry and cannot be altered. It's advisable to anticipate this difference and order slightly more than needed to ensure an adequate supply for your project. Any orders surpassing this difference are eligible for a percentage refund on the material only.
3.3 Product quantities using our calculator are estimates, and it's reccommended to order slightly more than theoretically required, considering factors such as compacting the materials later on, or varying weight in dry or wet weather conditions. Volume weights provided by our calculator or subcontractors may contain errors and do not intake unforeseen circumstances. Be sure to double check.
3.4 The availability of delivery time slots is contingent upon the specific material and your location. Once you enter the ZIP code, material and time options near your location will be revealed and presented on the product page. Transportation is handled by independent third- party trucking companies, and the indicated delivery times are subject to potential changes. The timeslots are approximate and unforeseen circumstances, including aggregate shortages, possible accidents or break downs by third-party delivery company trucks, sold-out items, or products falling outside the delivery range, may arise beyond our control. Whenever feasible, we endeavor to notify you of any substantial delays or impending changes. Please note that the Seller cannot be held responsible for any resulting delays neither are we responsible for any damages or costs you may have had due that (ie. excavators, workers on site waiting in result etc.) We recommend to plan ahead and consider with potential changes in schedule.
3.5 The Buyer must also take into account that the transport time slot they desire will be reserved by the Seller for the Buyer only after payment of the Transport Cost in accordance with the conditions set out in the General Terms and after the Seller has issued an invoice to the Buyer.
3.6 Buyer must take into account that when ordering material, the desired quantity of material may differ from the actual availability. Therefore, the Seller is not responsible if the material requested by the Buyer is out of stock or if it is not possible to procure it for reasons beyond the control of Ayren Inc. Seller is not responsible for any potential damages incurred by the Buyer in the purchase and sale transaction. If it turns out that the material cannot be procured, Ayren Inc will refund the transaction amount paid by the Buyer within 7 business days.
3.7 After receiving the material from the Seller's transport service provider, the Buyer is obliged to inspect the material and check that it complies with the requirements of the purchase and sale agreement and these Terms. In the event of non-compliance with the material or defects in the material, the Buyer has the right to demand the replacement of the material by the Seller with material that complies with the requirements or, if it is impossible or unreasonable, to withdraw from the purchase and sale agreement for the transport service.
3.8 If the Buyer fails to immediately inform the Seller of the fact of non-compliance with the delivery, material or defects in the material or the quantity of material delivered, the material is considered delivered in accordance with the purchase and sale agreement and these Terms and the Buyer loses the right to demand the replacement of the material by the Seller or withdrawal from the purchase and sale agreement for the transport service on the basis of non-compliance with the material or defects in the material or non-compliance with the location of delivery or the quantity of material delivered.
4. SELLER'S RESPONSIBILITY AND COMPLIANCE
4.1 Before unloading, in the event of non-compliance with the material or defects in the material, the Buyer has the right to demand the replacement of the material by the Seller with material that complies with the requirements or, if it is impossible or unreasonable, to withdraw from the purchase and sale agreement for the refund.
4.2 The Seller is not responsible for the quality of the goods if the Buyer wishes to purchase defective goods, or if the defects of the goods have been explained to the Buyer.
4.3 The Seller is not responsible for non-compliance with the material or defects that have arisen due to the fault of the Buyer or in another way after unloading the material.
4.4 The material sold may or may not be subject to a sales guarantee provided by the material manufacturer, the exact content, deadline, scope, and other conditions of which are determined in the specific material manufacturer's terms. The Buyer has the right to contact the Seller for information about the existence and detailed conditions of the material manufacturer's sales guarantee for the material of interest to them by sending a query to Ayren Inc using the email address support@aggregatemarkets.com
4.5 The Seller has the right to change prices and conditions at any time without prior notice. If the Seller changes the prices after the Buyer has placed an order for the Goods, the Seller undertakes to sell the Goods to the Buyer at the price that was in force at the time of the conclusion of the purchase and sale transaction by the Buyer. If the price changed by the Seller is lower than the price in force at the time of the conclusion of the purchase and sale transaction by the Buyer, the Buyer does not have the right to demand compensation from the Seller or the sale of the Goods at the lower price set after the conclusion of the purchase and sale transaction.
4.6 In the event that, due to a technical error, on the Pages website has become/unreasonably cheaper compared to the corresponding normal market price, and the Seller has not separately indicated that it is a discount applied by the Seller to the Goods, the Seller has the right to withdraw from the purchase and sale transaction concluded by the Buyer due to such a technical error, provided that the Seller has not yet sent the Goods to the Buyer's destination. Buyer will be refunded for the order.
5. WITHDRAWAL FROM THE AGREEMENT, SALES WARRANTY
5.1 Please be advised that handling costs will apply if you cancel your order. If you cancel after the order has been purchased, you will need to pay a handling cost - in total (5%) of the total order value. The remaining 95% will be refunded. If you cancel after the truck has left the yard with your product, you will need to pay the full amount (100%) of the total order value and are not eligible for refund. Buyer must cancel or postpone any order at least one business day before the delivery date and during business hours. Buyer must receive confirmation of successful rescheduling or cancellation of order. Otherwise the order delivery shall proceed as scheduled and Buyer shall be responsible for any and all transport costs that may incur.
5.2 The warranty does not apply to wrongly ordered goods or products that are ordered in error due to a lack of knowledge about the specific product or its applications. Keep in mind that replacement of products that not covered by the withdrawal right will require payment for shipping, return shipping, and the new shipment.
5.3 Order will be refunded 100% only if the purchase is cancelled before 1 day notice and if the delivery has not yet started. Ayren Inc will refund the transaction amount paid by the Buyer within 7 business days.
5.4 If the Buyer wishes to return the material delivered by the Seller's for any reason, the Buyer is obliged to inform the Seller of this fact within but no later than 14 calendar days of the date of delivery of the material to the location specified in the order. The Buyer has a right to refund when they return the material to the Seller within 14 calendar and the Buyer shall bear the costs (re-loading, trucking, weigh station etc) of returning the material to the Seller. The goods must be "untouched" and amount to the same original quantity as upon delivery. Rights to a warranty or refund are lost if and when the customer in any way uses or spreads the delivered product in question. Using the product, e.g., installing or spreading it with equipment, amounts to the customer accepting the product and thus forfeiting any warranty rights.
5.5 Buyer can choose to return the order with a transport company of their selection at their own expense. The item can also be returned at your expense for return shipping using our service. Be aware that the haul costs for shipping heavy items weighing over a ton will typically represent the largest share of the total price - often more costly than the material itself. If Buyer opts to return the item using our transportation service, Buyer will be responsible for covering the return shipping costs based on the initial delivery price.
5.6 The returned goods must be in the same condition and quantity as when received, unused, and free from any contamination by other materials. Failure to meet these conditions will void your right of withdrawal or a refund for the return
5.7 Upon initiation of the withdrawal process, your refund will be issued once we have received the materials to our designated site and confirmed the product's compliance with the withdrawal conditions. The refund will be processed using the original payment method.
5.8 To withdraw from the purchase and sale agreement for the Goods, the Buyer must send a written notice of withdrawal to the Seller by e-mail to the address support@aggregatemarkets.com specifying the name of the Buyer, the date of conclusion of the purchase and sale number for the Goods, as well as the reason for the withdrawal.
5.9 Buyer has, under applicable law, up to 24-month withdrawal period. This implies that you have the option to receive an alternative material, obtain a refund, or receive a discounted price for the material, depending on the nature of the issue. Of course, this assumes that the claim is valid and that the problem did not arise from improper use of the product or mishandling. The delivered product must remain untouched and in the same quantity as originally delivered. The right to return the product is forfeited if it is used by the customer, such as using the product, mixing it with other materials or applying it using equipment. Complaints should be reported promptly upon discovering any issues with the goods.
5.10 Withdrawal period for damaged goods. This means that you can either receive a different material, have your money refunded or receive a reduced price on the material, depending on the nature of the problem. This assumes of course that the claim is justified, and that the damage has not arisen due to wrongly using the product or because of other damage due to errors in handling. The goods must be "untouched" and amount to the same original quantity as upon delivery. Rights to a warranty are lost if and when the customer uses the delivered product in question. Using the product, e.g., installing or spreading it with equipment, amounts to the customer accepting the product and thus forfeiting any warranty rights.
6. SETTLEMENT OF DISPUTES
6.1 The Buyer has the right to apply to resolve a dispute with the Seller. We will do our best in solving all matters professionally.
6.2 Disputes arising from the purchase and sale agreement and these Terms shall be resolved by negotiations. If the parties fail to reach an agreement through negotiations, the dispute shall be resolved through arbitration.
6.3 The decision of the arbitrator(s) shall be final and binding on both parties.
7. FINAL PROVISIONS
7.1 All intellectual property rights and copyrights to the works presented on the Ayren Inc website belong to the Seller and/or have been previously acquired by the Seller for this purpose. Copyright also extends to these terms of use.
7.2 Ayren Inc is not liable for any damage caused (including direct or indirect damages, loss of profits etc) to the Buyer arising from any transactions or services including for the delay in the delivery of the Goods.
7.3 Ayren Inc does not compensate for moral damage that may be caused to the Buyer by changing delivery times, prices, and other conditions within the framework of these General Terms.
7.4 Ayren Inc does not compensate for the Buyer's costs arising from the fact that the Buyer undertook obligations to third parties (not dependent on Ayren Inc).
7.5 Ayren Inc does not compensate the Buyer for damage caused during loading or undloading of the cargo or as a result of changes in delivery times, prices, and other conditions.
7.6 Ayren Inc does not compensate the Buyer for any indirect damages, including loss of profit.
7.7 Ayren Inc is not liable for any damages arising to the Buyer from the fact that Ayren Inc has exercised the right to withdraw from the sale or order delivery.
7.8 The Buyer is not exempt from fulfilling the terms of the contract if the Buyer has not familiarized themselves with the terms of the contract or has not understood the contract for other reasons, including language barriers. The General Terms are based on the principles that ignorance of the Law and the General Terms does not exempt the parties to the transaction from liability.
7.9 Any changes to these Terms shall be made in writing by the Parties.
7.10 Any notices and communications between the Parties under these Terms shall be in writing and delivered personally, sent by registered mail, or by e-mail. Notices and communications sent by e-mail shall be deemed to have been delivered to the addressee upon sending of the e-mail to the recipient's e-mail mailbox. Notices and communications delivered personally shall be deemed to have been delivered to the addressee upon delivery of the notice or communication to the addressee. Notices and communications sent by registered mail shall be deemed to have been delivered to the addressee 10 calendar days after sending the notice or communication.
7.11 These Terms shall enter into force upon the agreement by the Parties and shall remain in force until the Parties have fulfilled all their obligations with current Terms.
