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GENERAL PROVISIONS
1.1. This offer is an official offer of HERMES AGRI-COMPANY LTD, hereinafter referred to as the "Seller", to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the "Agreement", and places a public offer (offer) on the official website of the Seller"https://humi-plus.com"
1.2 The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of goods shall be deemed the fact that the Buyer has paid for the order under the terms of this Agreement, within the terms and at the prices indicated on the Seller's website.
Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
*"Goods" - the object of the parties' agreement, which was selected by the Buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely;
*"Online store" means, in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works or services by means of an electronic transaction.
*"Seller" means the company that sells the goods presented on the Website.
*"Buyer" means a legally capable individual who has reached the age of 18 or a legal entity or individual entrepreneur who receives information from the Seller, places an order for the purchase of goods presented on the website of the online store.
*"Order" - selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
SUBJECT MATTER OF THE CONTRACT
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This agreement governs the purchase and sale of goods in the online store, including:
ORDERING PROCEDURE
4.1 The Buyer has the right to place an order for any product presented on the Website of the Online Store and which is available.
4.2 The Buyer can place an order through the "Shopping Cart" form or by placing an order by e-mail or by calling the phone number indicated in the contact section of the online store.
4.3 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
4.4. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online store.
4.5. If the goods are out of stock, the Company Manager is obliged to notify the Buyer (by phone, messenger or e-mail).
4.6. In the absence of goods, the Buyer has the right to replace it with goods of a similar model, refuse this product, cancel the order.
4.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the online store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
4.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiarized with and agrees to the terms of this offer (offer);
b) he gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
5. Price and Delivery of the Goods
5.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in UAH including VAT.
5.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
5.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
5.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer's address.
5.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a request by sending an e-mail or when placing an order through the operator of the online store.
5.6. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the website of the online store in the section "Payment and Delivery".
5.7. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
5.8. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature in the delivery note for the delivery of goods that he has no claims to the quantity of goods, appearance and completeness of the goods.
5.9. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
RIGHTS AND OBLIGATIONS OF THE PARTIES:
7.1. The seller has the right to:
- unilaterally terminate the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.
7.2. The Buyer is obliged to:
- timely pay and receive the order on the terms of this agreement
7.3. The buyer has the right to:
- place an order in the online store;
- sign a contract;
- require the Seller to fulfill the terms of this Agreement.
RESPONSIBILITY OF THE PARTIES
8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for a slight discrepancy in the color scheme of the product, which may differ from the original product solely due to the different color rendering of personal computer monitors of certain models;
- for the content and accuracy of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control;
- for unlawful illegal actions performed by the Buyer using this Internet access;
8.3. The Buyer, using the Internet access provided to him/her, is solely responsible for the damage caused by his/her actions (personally, even if another person was logged in) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure, the parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
8.5. The Parties shall use their best efforts to resolve any disagreements exclusively through negotiations.
OTHER TERMS AND CONDITIONS
9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on the website https://humi-plus.com
9.2. An online store is created to organize a remote method of selling goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine "On Personal Data Protection".
9.4. Payment by the Buyer for the order placed in the Online Store means the Buyer's full consent to the terms of the purchase and sale agreement (public offer).
9.5. The actual date of the agreement between the parties shall be the date of acceptance of the terms and conditions in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce".
9.6. The use of the Online Store resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making settlements, etc.
THE PROCEDURE FOR RETURNING GOODS OF GOOD QUALITY
10.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
10.2. The return of goods to the Online Store is made at the expense of the Buyer.
10.3. When the Buyer returns the goods of good quality, the Online Store shall refund the amount paid for the goods upon return of the goods, minus compensation for the costs of the Online Store related to the delivery of the goods to the Buyer.
CONTRACT VALIDITY PERIOD
11.1. The Parties shall have the right to terminate this Agreement unilaterally in case of non-fulfillment of the terms of this Agreement by one of the Parties and in cases provided for by the current legislation of Ukraine.