GENERAL PROVISIONS
1.1. This offer is an official proposal from Hermes Agri-Company LTD, hereinafter referred to as the “Seller”, to conclude a Distance Purchase Agreement for goods through the online store, hereinafter referred to as the “Agreement”, and places the public offer on the Seller’s official website “https://humi-plus.com“
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic purchase agreement for goods is considered to be the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframe and at prices specified on the Seller’s website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the terms below have the following meanings:
*”Product” – the object of the parties’ agreement, which was selected by the buyer on the online store website and placed in the cart, or already purchased by the Buyer from the Seller through distance selling;
*”Online Store” – according to the Law of Ukraine “On E-Commerce”, a means for presenting or selling goods, work, or services through electronic transactions.
*”Seller” – the company that sells products presented on the website.
*”Buyer” – a capable individual who is 18 years or older, or a legal entity or individual entrepreneur who receives information from the Seller, places orders for products presented on the online store website.
*”Order” – selection of individual items from the list of products specified by the Buyer when placing an order and making payment.
SUBJECT OF THE AGREEMENT
3.1. The Seller agrees to transfer ownership of the Product to the Buyer, and the Buyer agrees to pay for and accept the Product under the terms of this Agreement.
This agreement regulates the purchase and sale of products in the Online Store, including:
- Voluntary selection of products by the Buyer in the Online Store;
- Independent ordering of products by the Buyer in the Online Store;
- Payment by the Buyer for orders placed in the Online Store;
- Processing and delivery of the order to the Buyer’s ownership under the terms of this Agreement.
ORDER PLACEMENT PROCEDURE
4.1. The Buyer has the right to place an order for any available product presented on the Online Store Website.
4.2 The Buyer can place an order through the “Shopping Cart” form or by ordering via email or phone number specified in the online store’s contact section.
4.3 When placing an order on the Online Store website, the Buyer must provide the following mandatory information necessary for the Seller to fulfill the order:
- buyer’s first and last name;
- delivery address (if delivery is to the Buyer’s address);
- contact phone number;
- email address;
- identification code for legal entities or individual entrepreneurs.
4.4. If either Party requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing products in the online store.
4.5. If the product is out of stock, the Company Manager must inform the buyer (by phone, messenger, or email).
4.6. If the product is unavailable, the Buyer has the right to replace it with a similar model, refuse the product, or cancel the order.
4.7. The Buyer’s acceptance of this Offer is made by entering the relevant data in the registration form on the online store website 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 an Order.
4.9. By concluding the Agreement, i.e., accepting the terms of this offer (proposed terms of Product purchase) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) they give permission for the collection, processing, and transfer of personal data; this permission is valid for the entire duration of the Agreement and for an unlimited period after its termination. Additionally, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection”, about the purposes of data collection, and that their personal data is transferred to the Seller to enable the fulfillment of this Agreement’s terms, to enable mutual settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject according to the Law of Ukraine “On Personal Data Protection” is known and understood by them.
5. Price and Product Delivery
5.1 Product and service prices are determined by the Seller independently and are indicated on the Online Store website. All prices for Products and services are shown in hryvnias including VAT.
5.2 Product and service prices may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual Product unit that has been fully paid for by the Buyer cannot be changed by the Seller unilaterally.
5.3. The Product price shown on the Online Store website does not include delivery costs to the Buyer. The Buyer pays delivery costs according to the current rates of delivery services (carriers) directly to their chosen delivery service (carrier).
5.4. The Product price shown on the Online Store website does not include delivery costs to the Buyer’s address.
5.5. The Seller may indicate an estimated delivery cost to the Buyer’s address when the Buyer makes a relevant inquiry to the Seller by email or when placing an order through the online store operator.
5.6. Payments between the Seller and Buyer for the Product are made using the methods specified on the Online Store website in the “Payment and Delivery” section.
5.7. Upon receiving the product, the Buyer must, in the presence of the delivery service (carrier) representative, verify the Product’s compliance with quality and quantity characteristics (product name, quantity, completeness, expiration date).
5.8. The Buyer or their representative confirms with their signature on the transport invoice for product delivery that they have no claims regarding the product quantity, appearance, and completeness.
5.9. The right of ownership and risk of accidental loss or damage to the Product transfers to the Buyer or their Representative upon receipt of the Product by the Buyer at the delivery location for self-delivery from the Seller, or when the Seller transfers the product 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 services under this agreement in case of violation of the terms by the Buyer.
7.2. The Buyer is obligated to:
– pay for and receive the order in a timely manner under the terms of this agreement
7.3. The Buyer has the right to:
– place an order in the Online Store;
– execute the agreement;
– require the Seller to fulfill the terms of this Agreement.
LIABILITY OF THE PARTIES
8.1. The parties are liable for non-performance or improper performance of the terms of this agreement in accordance with this agreement and current Ukrainian legislation.
8.2. The Seller is not responsible for:
– changes in product appearance made by the manufacturer;
– minor color variations of the product that may differ from the original product solely due to different color reproduction of individual computer monitor models;
– the content and accuracy of information provided by the Buyer when placing an order;
– delays and interruptions in providing Services (order processing and product delivery) that occur for reasons beyond its control;
– illegal actions committed by the Buyer using this Internet access;
8.3. The Buyer, using the provided Internet access, is solely responsible for damage caused by their actions (personally, even if another person was using their login) to persons or their property, legal entities, the state, or moral principles.
8.4. In the event of force majeure circumstances, the parties are released from fulfilling the terms of this agreement. Force majeure circumstances for the purposes of this agreement mean events of extraordinary, unforeseen nature that exclude or objectively prevent the execution of this agreement, the occurrence of which the Parties could not predict and prevent by reasonable means.
8.5. The parties make maximum efforts to resolve any disagreements exclusively through negotiations.
OTHER CONDITIONS
9.1. The Online Store reserves the right to unilaterally make changes to this agreement subject to prior publication on the website https://humi-plus.com
9.2. The Online Store is created to organize distance selling of products via the Internet.
9.3. The Buyer is responsible for the accuracy of information provided when placing an order. Furthermore, when accepting (placing an order and subsequent payment for the product), the Buyer gives the Seller their unconditional consent to collect, process, store, and use their personal data, as understood by the Law of Ukraine “On Personal Data Protection”.
9.4. Payment by the Buyer for an order placed in the Online Store indicates the Buyer’s full agreement with the terms of the purchase agreement (public offer).
9.5. The actual date of the agreement between the parties is the date of acceptance of the terms, according to Article 11 of the Law of Ukraine “On E-Commerce”.
9.6. Use of the Online Store resource for preliminary product viewing and order placement is free for the Buyer.
9.7. Information provided by the Buyer is confidential. The Online Store uses Buyer information exclusively for order processing, sending messages to the Buyer, product delivery, mutual settlements, etc.
RETURN PROCEDURE FOR PRODUCTS OF PROPER QUALITY
10.1. Product returns to the Online Store are conducted according to current Ukrainian legislation.
10.2. Product returns to the Online Store are made at the Buyer’s expense.
10.3. When the Buyer returns a product of proper quality, the Online Store refunds the amount paid for the product upon actual return, minus compensation for the Online Store’s expenses related to delivering the product to the Buyer.
TERM OF AGREEMENT
11.1. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment of the terms of this Agreement by either party and in cases provided for by current Ukrainian legislation.