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eCommerce Terms & Conditions

  1. These Terms
    1. https://parts.agcocorp.com/ is an ecommerce site that allows AGCO dealers to offer, sell and buy parts for your AGCO equipment and other products (“Products”). These terms and conditions govern your use of this website (our "eCommerce Site"). Terms of Use
    2. Please read these terms carefully before you submit any order on our eCommerce Site. These terms tell you who we are, the conditions on which you buy from our eCommerce Site, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
    3. By using our eCommerce Site, you agree to these terms. If you are using our eCommerce Site as a representative of an entity, you are agreeing to these terms on behalf of that entity.
  2.  Information About Us
    1. We are AGCO International GmbH, a company incorporated and registered in Switzerland, having its registered office at 8212 Neuhausen am Rheinfall, Victor von Bruns-Strasse 17, Switzerland.
  3.  Contracts For Sale
    1. We are a webshop that allows our dealers to offer and sell Products. Whilst we facilitate the sales made on our eCommerce Site, we are not the seller of the Products. The actual contract for sale of Products is directly between the dealer and the buyer; we are not a party to this contract. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our eCommerce Site and we are not an agent for the dealers who sell Products on our eCommerce Site. We are not responsible for the enforcement of any contractual obligations between any buyer and any dealer. The dealer is responsible for the sale of the Products and for dealing with any issues relating to the Products.
    2. We make no representations about the existence, quality, safety or legality of the items offered or advertised on our eCommerce Site.
    3. We are not involved in any transaction between a buyer and a dealer on our eCommerce Site save that we facilitate a webshop for buyers and dealers and process payments on behalf of dealers.
    4. A buyer may place orders on the Platform as instructed on our eCommerce Site. A dealer's acceptance of a buyer's order will take place when they email the buyer to accept it, at which point a contract will come into existence between the dealer and the buyer on the terms and conditions of the dealer.
  4.   Terms and Conditions For Purchase
    1. When purchasing a Product, you are responsible for reading the full listing before committing to buy any Product.
    2. Any order placed in respect of a Product is deemed irrevocable and unconditional. In placing an order you agree to the dealer's terms and conditions which are provided separately to you.
    3. You enter into a legally binding contract to buy a Product when you commit to buy a Product, and order for a Product is accepted.
    4. We do not transfer legal ownership of Products from the dealer to the buyer.
  5. Our Responsibility for Loss or Damage Suffered by You
    1. Subject to Clause 5.2:
      1. all warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
      2. we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
      3. our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our eCommerce Site.
    2. Nothing in these terms will limit or exclude our liability for: 
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable); 
      2. gross negligence or intentional default; or
      3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  6. Use of Your Personal Information
    1. We are the data controller in relation to our eCommerce Site and are responsible for your personal data. When you register or otherwise use our eCommerce Site, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
  7. Buyer Obligations
    1. The main characteristics of the Products sold through our eCommerce Site are presented on the product pages. You must familiarize yourself carefully with the product descriptions before placing an order.  We have the right, at its sole discretion, to change the Products on our eCommerce Site without notifying you thereof. Changes to the Product selection do not affect agreements already entered into.   
    2. You are obliged to inform the Seller without delay of any errors in the online trade that it has discovered in connection with its order. 
    3. By placing an order through the eCommerce Site, you assure that: 
      1. 7.3.1. you are at least 18 years old;
      2. the information you have entered is correct; 
      3. you do not provide information that is contrary to law or good practice or is otherwise prohibited; and
      4. you do not copy, sell or use the online store for illegal or otherwise prohibited activities.
  8. Right of Withdrawal (Consumers Only)
    1. We would like to make you aware that if you are a consumer (i.e. a natural person, who purchases Products through our eCommerce Site for mainly other purposes than for the business he/she operates) then you will have certain rights of withdrawal in respect of your purchase of Products from a dealer and the provisions of this Clause 8 will apply to the extent that equivalent provisions are not contained in the dealer’s own terms and conditions of sale. Please note that this Clause 8 does not apply to buyers who are not consumers. 
    2. You, as a consumer have the right of withdrawal by notifying the dealer who sold the Product to you (Seller) of the withdrawal of the order within fourteen ((14)) days from the date on which the Product or the last delivery batch of the Products has been delivered to you. You are not required to provide any reason for the withdrawal.  
    3. You can withdraw your order by using the form that follows the distance selling conditions such as Appendix 1, but the use of the form is not mandatory. The withdrawal may also be communicated to the Seller in another clear way, e.g. by e-mail.  
    4. You shall return the Products to the Seller without delay and no later than within fourteen ((14)) days of its notice of withdrawal. You are responsible for the costs arising from the return. 
    5. The Seller will refund to you within fourteen ((14)) days the amount paid by you for the product. The time is counted from the date on which the Seller receives your notice that he is using the right of withdrawal, provided that you have returned the Product to the Seller or have otherwise shown that you have sent the Product to the Seller.  
    6. You are responsible for the decrease in the value of the Product caused by its return without original packaging or by you taking the Product into service despite the withdrawal of the order. For the avoidance of doubt, we will deduct from your refund the amount by which we consider, in our reasonable opinion, the value of the Product has decreased. 
  9. Entire Agreement
    1. These terms constitute the entire agreement between any user and us in relation to the use of our eCommerce Site. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of our eCommerce Site.
    2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
  10. Other Important Terms
    1. 10.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. 
    2. 10.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. 10.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. 10.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  11. Governing Law and Jurisdiction
    1. 11.1. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by Swiss law excluding its conflict of law provisions and each party submits to the exclusive jurisdiction of the courts of Zürich 1 (Kreis 1), Switzerland.