Terms of Purchase
Terms for Purchase
General
The following terms and conditions and the Privacy Policy apply to all orders placed by any customer (hereinafter referred to as ”you”) with Aarke Inc, (hereinafter “we” or “us”), via aarke.com/us or aarke.us, available by desktop or mobile web, or smartphone application, for end users in the United States and Canada (hereinafter the “Website”). By placing an order you agree to be bound by these Terms for Purchase and the Privacy Policy.
You may only place orders if you are able to form legally binding contracts, i.e. if you are 18 years or older and not hindered by any appointment of a guardian for you.
Please note that the Website is intended for sales to consumers only. When you order a product on the Website, you represent and warrant that you are ordering the product for personal and not commercial purposes and that you do not intend to resell the product for commercial purposes.
We reserve the right to revise or amend these Terms for Purchase at any time without prior notice. The Terms for Purchase that will apply to your order will be those on the Website at the time you place your order.
Information at the Website
We cannot guarantee that the content of the Website is free from errors or that the information is up to date. We may at any time amend the content of the Website and reserve the right to cancel an order prior to dispatch if the information provided, including the price for a product or service, is incorrect. Upon cancellation of an order we will notify you by email.
The presentation of a product or a service at the Website does not imply or warrant that such product or service is available at all times. We reserve the right to discontinue any product or service at any time.
We make all reasonable efforts to accurately display the products, including their colors. However, the actual color you see will depend on your system configuration and we cannot guarantee that your computer will accurately display such colors.
Please note that products or services available for purchase from the Website are intended for non-commercial use only.
Orders, deliveries, prices and delivery charges
To purchase products or services you must supply certain information relevant to verify any purchases made by you, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By providing such information you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
When you place an order through the Website you will receive an order confirmation through e-mail.
For us to be able to deliver any order you must state your contact details and a correct delivery address, meaning an address where delivery can be made during ordinary business hours Monday through Friday. Please note that deliveries cannot be made to P.O. boxes since delivery might require a signature upon receipt.
Once an order has been placed you may not change the delivery address.
We may be unable to deliver to certain states or regions, in which case you will be informed thereof either when placing an order or thereafter.
Once your order is ready to be shipped you will receive the shipping information through an e-mail. If your order does not arrive by the scheduled date, please contact the courier’s customer support and state the tracking number set out in your order confirmation. If you have not received any tracking number, or if the tracking number is incorrect, please contact us via email info@aarke.us or via the Customer Support Form at the Website.
Though we aim to deliver the products as soon as possible following the order confirmation, delivery may take some time. If the delivery time exceeds 20 working days you may cancel your order.
If, for any reason, we are unable to fulfill your order, you will be informed thereof at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, one of our representatives will contact you to settle the refund.
For all orders to be shipped to a delivery address within the US and Canada, we will also charge sales tax (VAT/GST) that is added upon completion of the order. Such sales tax must be paid together with all prices for products and expenses payable pursuant to an order.
For all orders to be shipped to a delivery address within Canada or other regions, such order may be subject to import charges, duties and taxes, including VAT/GST, that you are responsible for paying. Please note that such import charges, duties and taxes, including VAT/GST, are not included in our prices quoted on this Website and we are not responsible for and does not collect such charges, duties and taxes and has no information about the amount of the same since they differ from province to province. We advise you to contact the local customs office for further information before placing and order. Please also note that if you do not pay such charges, duties and taxes you will most likely not receive the ordered products, without any liability for us to reimburse you for such order.
Please note that an order may not be delivered due to any reason related to incorrect delivery address, the courier not being able to reach you, or non-payment of the charges, duties and taxes (if applicable).
The cost for each delivery method is clearly indicated during the check-out process. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries.
Our fulfillment of an order employs the use of third-party services for the purpose of facilitating payment and shipment of the ordered product(s). By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
The Cylinder Loop – purchases of CO2 cylinders via exchange cartons (only available for shipment within the US)
We have created a service whereby end users receives the possibility of receiving the following service related to purchases of CO2 cylinders (the “Cylinder Loop”):
- the shipment of exchange cartons to Subscribers upon order thereof,
- the shipment of start CO2 cylinders with exchange cartons,
- the mail service with exchange cartons for return of empty cylinders from Subscribers, and
- the means of initiation of an order when the exchange carton is picked up at the Subscribers, whereby two (2) CO2 cylinders is sent to the Subscriber as soon as possible.
Please note that the Cylinder Loop only is available for shipment within the US.
Upon creating an account with us you become a Subscriber. By creating such account you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account if the Cylinder Loop.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
To become a Subscriber under the Cylinder Loop you must supply certain information relevant to verify any purchases made by you, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By providing such information you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete. Your credit card number will be stored by us for future orders made under the Cylinder Loop.
Under the Cylinder Loop we will employ the use of third-party services for the purpose of facilitating payment and shipment of CO2 cylinders. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
In the event no purchases have been made by you within a reasonable time period, as determined by us in our sole discretion, we will inactivate your account and remove all personal data. A new account will need to be created to resume the services under the Cylinder Loop.
We reserve the right to refuse or cancel an order under the Cylinder Loop at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or if fraud or an unauthorized or illegal transaction is suspected
No membership fees will be charged under the Cylinder Loop. You only pay for the services and CO2 cylinders you order. Upon ordering two (2) CO2 cylinders under the Cylinder Loop, with the exception of start CO2 cylinders, you are also to return two (2) CO2 cylinders, or otherwise we reserve the right to collect payment for missing returned CO2 cylinders.
Payment methods
You can pay for your products and services in the ways set out on the Website at the time of your purchase. Please note that the terms for each payment method and also the privacy policy for such payment method provider might differ from provider to provider.
Warranty
We hereby warrant that products purchased from us are without defects in materials and workmanship for a total period of two years from the original purchase date of the product, subject to these terms and conditions.
The warranty does not apply to: (a) products that were not bought from us via the Website, (b) cosmetic damages, including but not limited to scratches and dents; (c) damages caused by external cause, including but not limited to accident, abuse, misuse or heat; (d) damages caused by operating or use of the product other than in accordance with applicable user manuals, technical specifications, etc.; (e) a product that has been modified; or (f) defects caused by normal use or otherwise due to the normal aging.
The warranty is in addition to, and not instead of, any rights you have under applicable consumer protection regulations and laws.
Damaged or defective products
If, upon your receipt, the product or its packing is damaged, or if the product otherwise is or becomes defective, as presented in the warranty above, you are kindly asked to contact us as soon as possible – via the e-mail info@aarke.us or via the Customer Support Form at the Website. Please include in such notice information about the damage or defect, including photos.
After receipt of such notice, we may request you to return the damaged or defective product whereby we will help you arrange the return shipment. Upon such request you shall return to us the damaged or defective product together with the courier’s packing, the product’s original packing, inserts, accessories, etc. to an address provided to you, without undue delay. Please note that we are not able to refund or compensate you for any costs you incur by arranging your own return of the product.
As concerns defective products, we abide by all statutory guarantee regulations. We will, for any product deemed defective, at our sole discretion offer either a replacement product, repair of the defective product or provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.
Disclaimer of Warranty and Limitation of Liability:
THE INFORMATION, MATERIALS, CONTENT AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THAT THE PRODUCTS WILL FULFILL ANY USER’S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OUR MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH YOUR ORDER OR YOUR PRODUCTS PURCHASED SHALL BE LIMITED TO THE TOTAL PRICE OF YOUR ORDER OR THE PRODUCT.
Please note that the availability of third-party products and any product’s compatibility with the same as set out in each relevant product description, is subject to the respective third-party’s supply of such products, which may be terminated or where such third-party may make changes to such third-party products, resulting in the product not being compatible with such third-party product. Such un-availabilities or changes are without any liabilities from our side.
No Waiver
No waiver of any breach of any provision of these Terms for Purchase by us shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative.
Entire Agreement
These Terms for Purchase and the Terns of Use and the Privacy Policy contain the entire agreement between you and us regarding the orders placed and the purchase of products from the Website.
Assignment
We reserve the right to assign or pledge to third parties any agreement entered into with you, either under these Terms for Purchase or any other agreement entered into between us and you.
Jurisdiction
These Terms for Purchase shall be construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms for Purchase shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms for Purchase is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Dispute Resolution
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of these Terms for Purchase or any part of them ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party not less than 30 days from the date of mailing to respond to the dispute. Notice sent to us shall be sent to the address stated below.
In the event that the parties are unable to resolve the dispute, the parties agree that the dispute shall be settled utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Company information
Aarke Inc
c/o Batch & Company PC
1150 S. Cedar Crest Blvd. Suite 203
Allentown, PA 18103