TERMS OF SERVICE AND PURCHASE AGREEMENT
- Agmondo ApS (“Agmondo” or “we”) offers an online business to business service (“Agmondo’s website”), where entrepreneurial farmers can make online purchases for business purposes. When purchasing is made via Agmondo’s website, you agree that these sales and delivery terms (“Terms”) apply and that you are a business customer.
Ordering, prices and payment
- Agmondo is not obliged to accept orders and reserves the right to cancel or reject an order, including but not limited to the reasons listed in paragraph 15. A binding agreement has first been entered into with Agmondo once you have received an order confirmation from Agmondo.
- The price for the goods follows Agmondo’s current price list at the time when Agmondo confirms the order. Announced prices are stated without VAT and shipping charges unless otherwise stated. Prices are subject to change.
- Payment can be made via bank transfer, Levrandørservice and with the credit and debit cards stated on the website. Payment cannot be made in cash.
- For goods purchased on credit, payment must be made on the due date as stated in the invoice, unless otherwise expressly agreed. All outstanding invoices will automatically be considered as overdue if payment default is made with a single invoice. Agmondo is entitled to disclose customer credit information to relevant credit information agencies. Agmondo also reserves the right to request a credit rating from a relevant credit information agency if credit is requested, and to validate delivery address, credit card holder, etc. information.
- Agmondo claims interest at rate of 2% per month on past due payment. The buyer cannot set off in Agmondo’s payment claims, and a complaint about delay, defects, etc. does not exempt the buyer from payment on due date.
- The goods are delivered on the date stated in the order confirmation. However, Agmondo has the right to deliver before the stated date, unless otherwise agreed.
- Standard delivery is to the address specified in the order. Special delivery needs can be agreed separately for additional payment.
- Delivery is DAP according to Incoterms 2010.
- A delay is considered material if it exceeds 5 days from the agreed delivery time and the buyer is then entitled to terminate the order or orders affected by the delay. The buyer does not have any other rights for delayed delivery.
Cancellation, complaint and warranty policy
- When Agmondo has issued an order confirmation and the goods have been shipped, the order may not be modified or cancelled unless Agmondo has approved it in writing.
- Agmondo offers the right to cancel up to 14 days from delivery, provided the item is returned unused and is in original, unopened packaging. Costs for return shipment must be borne by the buyer and is immaterial to Agmondo.
- The buyer must examine all goods at delivery. If an error or defect is discovered which is to be claimed, it must be notified in writing to Agmondo immediately. If an error or defect that has been discovered or should have been discovered is not promptly notified in writing to Agmondo, it cannot be claimed later.
- Agmondo reserves the right to assess and decide for itself how a fault or defect should be remedied.
- Agmondo has the right to cancel outstanding orders for goods or to stop delivery with immediate effect in cases where (not exhaustive listing):
- An amount due on an invoice is not paid on time;
- Inaccurate or misleading information is given to Agmondo;
- The buyer is insolvent;
- The buyer has substantially breached the purchase agreement;
- A purchase price is obviously incorrectly stated;
- The purchase is made by a competing company.
- If a product is covered by a factory warranty, it can only be claimed against the issuer of this warranty and not against Agmondo.
- For goods purchased through Agmondo, the warranty expires after 1 year.
- Agmondo only sells products made for business use. If a product that is manufactured for commercial use is used in a way or to an extent that cannot be regarded as customary for commercial use, the warranty right lapses.
- Agmondo disclaims any liability for indirect or consequential loss, including but not limited to operating loss, loss of revenue, lost savings, loss or damage to data, goodwill, business opportunities or reputation.
- In all respects, Agmondo’s liability is limited to the maximum value of the goods ordered.
- Agmondo is responsible for product liability for delivered goods, to the extent that such liability arises from mandatory law. In addition the buyer must indemnify Agmondo to the extent that Agmondo had to incur product liability.
- Agmondo is not liable to the customer for non-fulfillment of obligations that can be attributed to force majeure. Freedom from liability exists of as long as the force majeure exists. As a force majeure, circumstances beyond Agmondo’s control and therefore could not have been foreseen by Agmondo at the time of entering into the agreement. Examples of force majeure are unusual natural conditions, war, terror, fire, flood, vandalism and labor disputes.
- Agmondo may offer its clients free promotional items from time to time. We kindly ask you to let us know if you do not wish to receive them.
- Agmondo uses subcontractors to fulfill its obligations. However, Agmondo remains liable under the purchase agreement unless otherwise specifically agreed.
- Agmondo reserves the right to change the Terms and conditions on an ongoing basis. However, the latest version of the Terms is always available at https://agmondo.com/terms
Applicable law and venue
- These Terms and the purchase agreement concluded thereunder are governed by Danish law, and the Copenhagen City Court must be the venue for all cases (regardless of whether a case is based on rights and obligations in or outside the contract).
- Agmondo ApS (CVR no .: 40159533), Agern Alle 24, 2970 Hørsholm, Denmark. Phone number 61669229.