B2B Sales Conditions
Pacha de Cacao USA LLC - B2B Sales Conditions
Welcome to Pacha de Cacao USA LLC. Please read these sales conditions carefully before placing an order. By placing an order with us, you agree to be bound by these sales conditions.
1. General
1.1. These sales conditions apply to all agreements made between Pacha de Cacao USA LLC (hereinafter referred to as "we" or "us") and the business customer (hereinafter referred to as "you" or "your").
1.2. By placing an order with us, you agree to be bound by these sales conditions.
2. Orders and Payment
2.1. All orders are subject to acceptance and availability.
2.2. Payment for all orders must be made at the time of ordering. We accept payment via credit card, debit card, and other methods as indicated on our website or as agreed upon.
3. Delivery
3.1. We aim to dispatch orders within 2-3 business days. Delivery times may vary depending on your location.
3.2. If we organize the transport, delivery terms are based on Incoterms 2020 DAP (Delivered at Place). This means that we are responsible for delivering the goods to the named place of destination, and the risk transfers to you once the goods are made available for unloading at the destination.
3.3. If you organize the transport, delivery terms are based on Incoterms 2020 FCA (Free Carrier). This means our responsibility ends after the goods are picked up by your carrier at our premises.
3.4. It is not possible to make a claim if the order is shipped out within one week of the agreed shipping date. If the order is delayed beyond one week, you have the right to withdraw your order. This must be communicated in writing and approved by Pacha de Cacao USA LLC.
4. Risk and Title
4.1. The risk of loss or damage to the products passes to you upon delivery at the named place of destination if we organize the transport, or upon pickup by your carrier if you organize the transport.
4.2. There is a risk that bottles can break during transit. You must inspect the products upon delivery and notify us within 24 hours of any damage. Complaints must be submitted in writing and include photos and a description of the damage.
5. Complaints and Returns
5.1. We do not accept returns of perishable goods unless they are defective or damaged upon arrival.
5.2. If you receive defective or damaged goods, you must notify us in writing within 24 hours of receipt, providing photos and a description of the damage. We will arrange for a replacement or refund as appropriate.
5.3. All complaints must be reported to us within 24 hours of receipt of the products. Complaints received after this period will not be considered.
6. Limitation of Liability
6.1. Our liability to you for any loss or damage arising out of or in connection with these sales conditions shall be limited to the total amount paid by you for the products.
6.2. We shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, business interruption, or loss of data.
7. Force Majeure
7.1. We shall not be liable for any failure to perform our obligations where such failure is due to circumstances beyond our reasonable control.
8. Governing Law
8.1. These sales conditions shall be governed by and construed in accordance with the laws of the United States.
9. Severability
9.1. If any provision of these sales conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
10. Amendments
10.1. We reserve the right to amend these sales conditions at any time. Any such amendments will be posted on our website.
11. Customer Support
11.1. For any questions or complaints, please contact us via email at sales_usa@pachadecacao.com or via phone at +1 737-2103181. We aim to respond to inquiries within an average of 3 working days.
12. Acceptance of Terms
12.1. A link to these terms is provided on the invoice and available online. By placing an order, you acknowledge that you have read, understood, and agreed to these sales conditions.
By placing an order with Pacha de Cacao USA LLC, you acknowledge that you have read, understood, and agreed to these sales conditions.