a. Product availability.
All prices are quoted in United States Dollars and are subject to change without notice. Product pricing and availability may vary based on the location and network access of the user. We reserve the right to impose purchase restrictions or limits at any time, and we may pass on surcharges or markups. Product pricing may not include the cost of shipping and handling. See Shipping and Logistics section below.
b. Pricing. The final price of any Product listed by a Seller on the Services will be an amount including all of the following: (i) the price of the Product as established by the Seller (the “Product Price”), (ii) a markup determined by us representing the fees for administering the platform, as applicable, (iii) applicable taxes, and (iv) shipping and handling fees, as shown on the Services (collectively, the “Total Price”).
c. Listing options.When listing a Product, the Seller may be able to market a listing (i) to the Seller’s own internal network and/or (ii) through our network (a “Public Listing”). The Seller’s identity will be anonymous for Public Listings; however, you as the Buyer acknowledge and agree that any Order for a Product on a Public Listing is still a contract between you and the applicable Seller. If you are the Seller on a Public Listing, you acknowledge and agree that we may, in our discretion, to facilitate the resolution of disputes or for another reason, disclose your identity to Buyers or prospective purchasers of the applicable Products.
d. Payment methods. You represent and warrant that you are the owner of, or for an organizational account, have the right to use, any Linked Account or other means of payment you provide to us and/or the Financial Institution. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your Order or termination of your membership or other use of the Services. We may also, in our sole discretion: (i) request additional information from you prior to accepting an Order, (ii) verify information prior to processing any Order or purchase, or (iii) refuse or cancel an Order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in Product or pricing information, or problems identified by us related to credit or fraud. We reserve the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per Order for any reason. We also reserve the right, in our sole discretion, to prohibit sales to dealers or resellers.
e. Taxes. Depending on your business status and location, we may be required to collect any applicable taxes, duties, or levies and remit them to the relevant tax authorities. If we are required under tax laws or regulations to report sales-related information, you agree to provide such information to us. If required in the applicable jurisdictions, we reserve the right to collect any taxes from the Buyer or Seller and pay such taxes to the relevant tax authority.
f. Payment terms. Each Order will include payment terms agreed by the Buyer and Seller regarding when the Buyer will deliver payment to the Seller for the Order (the “Payment Terms”). The date of payment to the Seller will be either immediate or NetX, where X represents the number of days after the sale takes place. The Financial Institution, not BluePallet, provides the payment processing and funds transfer service to facilitate payment to the Seller in accordance with the Payment Terms. Blue Pallet’s services are limited to the transmission of data and other ancillary services.
As a Buyer, you agree that by placing an Order and agreeing to the Payment Terms, you are instructing and authorizing the Financial Institution to debit your Linked Account for the Total Price as of the date agreed pursuant to the Payment Terms and to transfer such amount (net taxes, shipping and handling, and fees owed to BluePallet, which shall be paid to BluePallet or other third parties, as applicable) to the Seller. You authorize BluePallet to transmit your instructions to the Financial Institution to enable the Financial Institution to engage in such funds transfer. You agree that you will not, under any circumstances, issue or threaten to issue any chargebacks, stop payment, or similar restriction or retraction of payment (collectively a “Stop Payment”) made to the Seller or BluePallet through yourLinked Account or Financial Institution for any reason whatsoever related to the Services after your Order has been delivered. In the event of a StopPayment following delivery, BluePallet reserves the right to report your LinkedAccount to the credit bureaus as a delinquent account and you agree thatBluePallet shall have the right to charge your Linked Account for all delinquent amounts along with interest at the highest rate permitted by applicable law, as well as for any costs of recouping such amounts, including, without limitation, collection and attorneys’ fees. You agree that such costs and damages suffered by BluePallet by a Stop Payment by their nature are difficult to ascertain, and BluePallet may charge at least one-thousand $1000 dollars as part of such recoupment.
If offered through the Services, Buyers and Sellers may also agree that the Buyer shall provide proof of funds by immediately transferring the Total Price from theBuyer’s Linked Account to a deposit account (the "Deposit Account") and maintaining such funds in the Deposit Account during the period of time between the Order date and the date upon which the Buyer has agreed to make payment to the Seller (“Deferred Payment”). We do not guarantee that this feature will be available for any given Order, and this payment option may not be available for your Order.
If the Buyer and Seller agree to Deferred Payment, by placing the Order and agreeing to such Payment Terms the Buyer authorizes the Financial Institution to immediately debit the Buyer’s Linked Account and to transfer such funds to a Deposit Account and for Buyer to not withdraw such funds unless the Buyer andSeller have agreed to cancel the Order, or otherwise pursuant to these Terms.The Buyer further authorizes the Financial Institution, upon Net X, to transfer the funds from the Buyer’s Deposit Account to the Seller (minus taxes, shipping and handling and the fees owed to BluePallet, which shall be paid to BluePallet or other third parties, as applicable). BluePallet will transmit the instructions and other applicable data to the Financial Institution on behalf of the Buyer.
If the Buyer has insufficient funds or otherwise fails to deliver full payment in accordance with the Payment Terms, we may defer or cancel further shipments or other Orders, cancel any portion of an unshipped Order, or suspend or terminate the Buyer’s account. You further agree that you are liable to BluePallet, and shall pay BluePallet promptly upon demand, any amount due from BluePallet to any third party arising from or related to your use of the Services including (i) any payment for an Order, whether or not authorized by you, (ii) any reversal, return, adjustment or rejection thereof, or (iii) any act or omission of yours, including your failure to have sufficient funds in your Linked Account to make a payment for an Order or any reversal, return, adjustment or rejection thereof.
g. Binding Sale. Once an Order is placed by a Buyer and the Seller accepts such Order, each such Buyer and Seller will be deemed to have entered into a binding sale and purchase agreement with one another subject to these Terms unless the Buyer and Seller enter into a separate written agreement and provide notice of that fact to BluePallet. The payment information provided by Buyer will be processed by Financial Institution to remit payment in the amount of the Order. All such sales are binding. Each Buyer who places an Order with respect to any Seller’s listing, thereby agrees to accept and pay for the Products, as well as all applicable shipping and handling charges and taxes.
h. Shipping and Logistics. All shipments of Products will be made ‘Free Carrier’ or ‘FCA’ (the Seller’s location), where the Buyer takes responsibility for the shipment upon leaving the Seller’s warehouse or site. At the time of checkout, a Buyer has the option to either (i) arrange for shipment of the Order using the Buyer’s own carrier of choice or (ii) for an additional fee, as shown on the Services, use one of the following: BluePallet's logistics service , Priority1 logistics service
, Axle Logistics Services
, or GlobalTranz
. If you opt to use the Logistics Service for an Order, the terms and conditions for such services are available within links above. These terms will apply and take precedence over these Terms where the two are inconsistent in relation to the shipment of the Order to which they apply. If you opt to arrange for shipment of the Order yourself, you agree that you must arrange for the Product to be picked up within 15 days of the date of the Order (or within another time frame if noted on the Services) to avoid additional fees and/or the cancellation of the Order. If you select the Logistics Service for an Order, you acknowledge and agree that any dispute regarding the fulfillment of the Logistics Service is between you and chosen logistics provider and not between you and us, and you agree to indemnify and hold us harmless from and against any dispute, claim, or action related to the Logistics Service.
i. Damaged shipments. You agree to check your Order for damage immediately upon arrival and note any damage on the delivery receipt. You must notify us of any shortage or damage within five (5) business days of receipt by emailing firstname.lastname@example.org or calling us at 512-686-3450. You agree to provide, upon our request, evidence to corroborate such shortage or damage to our satisfaction including, without limitation, photographs thereof.
j. Disputes and Dispute Resolution. If a Product is (i) of poor quality, (ii) of incorrect quantity, or (iii) not as described in Seller’s listing, Buyer must notify us within five (5) business days of delivery by initiating a dispute from your Account or by calling us at 512-686-3450. We cannot facilitate any dispute resolution if we are not contacted within that window. No refunds will be available for any cancellation of an Order by Buyer unless one of the conditions in the preceding clauses (i) through (iii) are notified and demonstrated.
We, for the benefit of users, may elect to assist users to resolve disputes; however, we do so in our sole and exclusive discretion, and we undertake no formal obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve such disputes: (a) we do so in good faith and based solely on our policies. We will not make judgments regarding legal issues or claims, and (b) each affected user shall promptly respond (in any event within three (3) calendar days) to all requests from us as well as cooperate with us with respect to any such dispute. In the event the dispute remains unresolved, we will have the right, but not obligation, to step in and determine how the dispute should be resolved, including, without limitation, issuing a refund, reversing a sale, or requiring the purchasing Buyer to pay for the items in question. As between you and us, you agree that our determination of any dispute is final.