TERMS AND CONDITIONS
Aggregate Markets, a division of Ayren, Inc. ("Seller"), sets forth these terms and conditions ("Terms") to govern each purchase through aggregatemarket.com and aggregatemarkets.com (each a “Page” and collectively the “Pages”) by a user/client ("Buyer").
To complete a purchase transaction through either Page, the Buyer must select a desired material, enter the shipping destination, set the quantity, pick a delivery time, and add it to the virtual shopping cart.
If you need assistance with a 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 allows the Buyer to enter into a purchase and sale agreement with the Seller for the goods and services offered on the Pages.
1.2 The Buyer must be at least 18 years of age or a legal entity, who, before concluding a purchase and sale transaction or using other Seller services, confirms that they have read these Terms, agree to comply with them, and will treat them as binding conditions of the transaction with the Seller. If a Buyer does not agree with the Terms, they are prohibited from making a purchase and sale transaction through the Pages.
1.3 By completing an online order through one of the 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.
1.4 The Seller is committed to maintaining reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of all personal data collected through the Pages in compliance with contemporary data security requirements. Data is stored securely, access is restricted to authorized personnel, and reasonable efforts are made to prevent unauthorized access, disclosure, or modification.
1.5 Unless the terms agreed to by the parties expressly provide otherwise, the price of the materials purchased includes, and Seller shall pay, all taxes, impositions, charges and exactions imposed on or measured by this contract except for applicable sales and use taxes, which are separately stated and shall be paid by Buyer. Prices shall not include any taxes for which Buyer has furnished a valid exemption certificate or other evidence of exemption.
1.5 These Terms and Conditions apply to all purchases made through the Pages and otherwise with Seller unless otherwise agreed in writing. By ticking the agreement box online you confirm that you have read and agree with these Terms and Conditions, which have the same legal effect as a written contract with Seller. Customers are advised to print or backup all order information and relevant data. Seller bears no responsibility for lost data or any other indirect damages caused by products sold or delivered, unless agreed otherwise in writing.
2. BUYER'S RESPONSIBILITY AND COMPLIANCE
2.1 By placing an order, Buyer represents that the delivery location provided allows access for a heavy truck (typically a dump truck). 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 when ordering to give specific delivery instructions (e.g. “on the west side of the barn”). You may also choose to physically mark the location to streamline the process. In either case, Buyer acknowledges that the goods will be offloaded at the most appropriate location on the property and that the truck driver has complete authority to determine this location, given all factors. Should you be absent during delivery, you also assume full responsibility for any consequences arising from the unattended placement of the goods.
2.2 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 smaller cement slabs, pavers, or similar materials that will not support the weight of a heavy truck. Upon arrival, the driver will assess the desired delivery location. 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
2.3 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 customer insists upon the truck proceeding and the truck becoming stuck, the costs of extraction shall be borne by the customer. Seller 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.
2.4 If the delivery cannot be completed due to inability to contact you or unsuitability of the delivery site (i.e., closed gate, dogs running around), you will be responsible for the haul charge of a missed delivery.
2.5 Seller bears no responsibility for any consequential damages including 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, Seller is not accountable for costs associated with arrangements made by the customer with external parties, such as landscaping companies, in connection with an order.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF REVENUE, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR TORT) ARISING OUT OF THIS AGREEMENT, OR THE SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS PAYABLE UNDER THIS AGREEMENT BY BUYER ARE BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
3. DELIVERY AND MATERIAL NOTICES
3.1 Size and color disclaimers. Buyer acknowledges and accepts the following disclaimers with respect to any material or product sold.
Size Variation: Larger or smaller pieces may account for up to 20% of product delivered. This is due to the sieve mechanism. For example: one side of the stone will be in the size range, while the other side may be shorter or longer than the given range.
Color Variation: Material that may appear slightly darker or lighter than product photographs on the Pages. Natural materials vary in color depending upon geological and geographical factors, as well as humidity and moisture content.
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 (i.e., client orders 1t but gets 0.92t or 1.16t). This variation is inherent to the industry (loading, scaling differences) and cannot be altered. It is 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 is recommended 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 will endeavor to notify you of any substantial delays or impending changes. Please note again that the Seller is not responsible for any resulting damages or costs related to delays (i.e., excavators or other workers waiting on site). We recommend you plan ahead and consider 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 Terms and after Seller has issued an invoice to 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 Seller. Seller is not responsible for any consequential damages incurred by the Buyer if the desired materials are not available. If it turns out that the material cannot be procured, Seller will refund payment 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 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 cancel the purchase and sale agreement. However, If the Buyer fails to immediately (within 48 hours) inform the Seller of such non-compliance, the material shall be considered delivered in accordance with the purchase and sale agreement and these Terms, and Buyer loses the right to demand the replacement of the material by the Seller or withdrawal from the purchase and sale agreement.
3.8 Recycled Products Disclaimer: Recycled products may contain traces of other building debris, including but not limited to metal and other materials. While magnets and other separation technologies are used to minimize risk, there is always a trace or residual amount of impurity. The Buyer acknowledges this risk and accepts that the Seller is not liable for any damages, injuries, or additional costs incurred as a result of foreign materials present in recycled products.
3.9 Soil Products Disclaimer: Soil products sold in bulk are not the same as enhanced bagged soil found in retail stores (such as bags in cubic foot bags in the U.S.). Bulk soil comes directly from natural sources, meaning variations in composition can occur. For example, some areas may contain more sand, while others may have more clay. As a natural material, it may also contain small stones, roots, and other organic debris, including, in rare cases, materials such as small bits of glass. Seller is not liable for any damages, injuries, or costs incurred as a result of these materials present in soil.
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 doing so is impossible or unreasonable, to withdraw from the purchase and sale agreement for full 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 source provider, the exact content, deadline, scope, and other conditions of which are determined in the specific material provider's terms. The Buyer has the right to contact the Seller for information about the existence and detailed conditions of the material provider's sales guarantee for the material of interest to them by sending a query to Seller 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 and paid for the Goods, the Seller will absorb the difference and 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, the price for a material as set forth on the Pages website is substantially lower than the corresponding normal market price and the Seller has not separately indicated that it is a special discount price, the Seller has the right to withdraw from any purchase and sale transaction arising from 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 7% total order value handling fee (payment handler processing, transaction & refund fees) will apply if you cancel your order. The remaining 93% will be refunded. Seller will refund the transaction amount paid by the Buyer within 7 business days.
5.2 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. For clarity, if you wait and cancel on the day of the delivery or 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.
5.3 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.
5.4 If the Buyer wishes to return material delivered by the Seller 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 days so long as Buyer bears 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 return/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 a 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 Withdrawal period for damaged goods. Upon proof of damaged goods, 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.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO WARRANTIES TO BUYER WITH RESPECT TO THE GOODS OR MATERIALS DELIVERED, WHICH ARE PROVIDED ON AN "AS-IS" BASIS. SELLER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SELLER HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) TITLE; 8) MARKETABILITY; 9) PROFITABILITY; 10) SUITABILITY; AND 11) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
6. SETTLEMENT OF DISPUTES
6.1 The Buyer has the right to seek dispute resolution directly 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 ordinarily be resolved by negotiations. If the parties fail to reach an agreement through negotiations, the dispute shall be resolved through binding arbitration.
6.3 Every agreement between Buyer and Seller, together with all actions or inactions of either party related to or arising from such agreement, shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.
6.4 If the parties proceed to arbitration, the arbitration shall be conducted in the State of Indiana and administered by a neutral arbitrator selected by the Seller and agreed upon by both parties. If the parties cannot agree on an arbitrator within 30 days, the arbitrator shall be chosen in accordance with the Rules of the American Arbitration Association (AAA). The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The decision of the arbitrator(s) shall be final and binding on both parties.
6.4 The party initiating the dispute (the "Claimant") shall bear all costs of arbitration, including but not limited to filing fees, administrative fees, and the arbitrator's fees, until the final decision of the arbitration. Upon the final decision, the arbitrator may, at their discretion, allocate the costs of arbitration between the parties, including the reimbursement of the Claimant's costs, depending on the outcome of the arbitration.
6.5 Exception for Fraud, Theft, and Chargebacks. Notwithstanding the above, the Seller reserves the right to pursue legal remedies in a court of competent jurisdiction in cases involving fraud, theft, intentional misrepresentation, chargebacks without cause, or other unlawful acts by the Buyer. In such cases, the Seller may choose either to proceed with arbitration or to bring a lawsuit directly in court.
7. OTHER PROVISIONS
7.1 All intellectual property rights and copyrights to the works presented on the Pages belong to the Seller and/or have been previously acquired by the Seller for this purpose. Copyright also extends to these Terms.
7.2 Seller is not liable for any damage caused (including direct or indirect damages, consequential damages such as 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 Seller does not compensate for damage that may be suffered by Buyer as a result of changing delivery times, prices, and other conditions within the framework of these Terms.
7.4 Seller does not compensate for any consequential damages such as Buyer's costs arising from the fact that the Buyer undertook obligations to third parties (not in contract with Seller).
7.5 Seller does not compensate the Buyer for damage caused during loading or unloading of cargo or as a result of changes in delivery times, prices, and other conditions.
7.6 Seller is not liable for any damages arising to the Buyer from the fact that Seller 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 these Terms or has not understood the contract for other reasons, including language barriers.
7.9 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 upon receipt.
7.10 These Terms are effective upon the agreement by the Parties and shall remain in force until the Parties have fulfilled all their obligations with current Terms.
8: BONUS & CASHBACK PROGRAM
8.1 Aggregatemarkets.com may from time to time offer cashback rewards or bonus point systems (“Rewards”) for Buyers who make eligible purchases through the platform.
8.2 Accumulated points or cashback rewards have no cash value unless explicitly stated otherwise and can only be redeemed according to the rules and options available in the platform at the time of redemption. Seller reserves the right to change, suspend, or cancel the Rewards program at any time without prior notice.
8.3 Buyer agrees that any bonus or cashback system is a discretionary promotional offering, and does not constitute a guaranteed contractual right. Seller is not liable for any unredeemed or lost points due to system maintenance, downtime, program termination, account issues, or technical failures.
8.4 All issues related to bonus points or cashback must be addressed by contacting support@aggregatemarkets.com. Buyer agrees to resolve all such issues through this channel and waives the right to pursue legal claims regarding bonus/cashback balances.
8.5 Buyer consents to the collection and use of their contact details (email and/or phone number) for platform communications, promotional materials, updates, or service-related notifications.
8.6 Seller may, at its discretion, apply expiry periods to cashback or points, and is not obligated to notify users in advance of expiration.