01. Scope of Application
These T&C of Sale apply to all purchase and sale transactions of goods and services (both physical and digital) entered into between HSO and the Customer. They constitute the entire agreement between the Parties regarding the specific subject matter of the purchase and supersede any other prior communication, agreement, or negotiation, whether verbal or written.
02. Pre-Contractual Information
Before the Customer finalizes the order, HSO will make the following information available in a clear and understandable manner:
- The essential characteristics of the contracted products or services.
- The total price, breaking down applicable taxes, duties, shipping costs, insurance, and any other additional charges.
- The method and estimated delivery time, as well as the Incoterms 2020 that will govern the transaction for physical goods.
- The procedure for exercising the right of withdrawal or cancellation, where legally applicable.
03. Purchase Process and Formation of Contract
The purchase process shall proceed as follows:
- The Customer selects the desired products or services and adds them to the virtual shopping cart.
- During the payment process, the Customer must carefully review all order details and correct any errors before proceeding to confirmation.
- By clicking the “Pay Now” or similar button, the Customer makes a binding purchase offer. The contract shall be deemed concluded and binding on both Parties at the moment HSO sends the electronic order confirmation to the email address provided by the Customer.
- HSO reserves the right to reject or cancel any order in cases of reasonable suspicion of fraud, manifest pricing error, unforeseen unavailability of the product or service, or breach by the Customer of the payment conditions. In such cases, HSO shall notify the Customer and shall proceed with the full refund of any amounts paid, without this generating any right to additional compensation.
04. Prices and Payment Conditions
4.1 All prices displayed on the Site are expressed in U.S. dollars (USD) and, unless expressly stated otherwise, do not include applicable state or federal taxes (such as Florida or Mississippi sales tax), customs duties, transportation costs, or insurance. These items, where applicable, will be itemized and added to the total amount during the payment process.
4.2 Payment shall be made through the authorized payment methods displayed on the Site (credit/debit card, ACH electronic transfer, etc.), using secure payment gateways that comply with the PCI-DSS Level 1 standard.
4.3 For subscriptions to recurring services, charges shall be made automatically at the beginning of each billing period (monthly, quarterly, or annually, as contracted), unless the Customer cancels the automatic renewal with at least three (3) business days’ notice before the renewal date, through their user dashboard or by contacting our customer service department.
4.4 HSO shall not be liable for delays or failures in the charge that are attributable to the Customer’s financial institution or the payment gateway, nor for the fees or commissions that such entities may pass on to the Customer.
05. Delivery and Acceptance
5.1 Digital products (software, platform access, license keys, electronic documentation) shall be deemed delivered at the moment the Customer receives the access credentials or the download link in their user dashboard or in the confirmation email.
5.2 For physical products, delivery shall be governed by the Incoterms 2020 agreed in the order confirmation (for example, FOB, CIF, DAP, etc.). The risk of loss or damage to the goods shall pass to the Customer at the time and place defined by the agreed Incoterm. Delivery times are always estimates and do not constitute an essential obligation, unless expressly agreed otherwise.
5.3 The Customer undertakes to inspect the received products and to verify the proper functioning of digital products within a maximum period of seven (7) calendar days from delivery. Any non-conformity, quantity shortage, or apparent damage must be notified to HSO in writing (to the email address customerservice@huronsmithoil.com) within that period, accompanied by documentary evidence of the problem. Failure to communicate within the period shall imply the tacit and definitive acceptance of the products.
06. License and Usage Rights
The sale of any digital product, software, or platform access does not in any case imply the transfer of intellectual or industrial property rights over the same. The Customer acquires only a limited, non-exclusive, non-transferable license to use them under the terms established in the corresponding license agreement and in the General Terms and Conditions. Restrictions on copying, modification, reverse engineering, decompilation, and redistribution fully apply.
07. Limited Warranties
7.1 HSO warrants that the physical products supplied (fuels, lubricants, samples and other conditioned products typical of the Oil & Gas industry) will substantially comply with the technical and quality specifications agreed in the contract or, failing that, in the product documentation. The warranty period for such products shall be that legally established in the corresponding jurisdiction, unless a different period is agreed in the contract.
7.2 HSO’s obligations under this warranty are expressly conditioned upon the coverages, terms, conditions and limits of the applicable insurance policies maintained by HSO, including, without limitation, general liability, product liability and transport insurance policies. Under no circumstances shall HSO’s liability under this warranty exceed the coverage limits actually available under such policies or the liability limits set forth in Section 8 (Limitation of Liability) of these T&C of Sale.
7.3 The sole and exclusive remedy for breach of this warranty shall be, at HSO’s option: (a) replacement of the defective product with a conforming one, or (b) refund of the price paid, provided that the defect is attributable to HSO and the conditions set forth in the applicable Refund Policy are met.
7.4 EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM THE COURSE OF DEALING, TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF FLORIDA AND MISSISSIPPI.
08. Limitation of Liability
The limitation of liability established in the General Terms and Conditions (section 13) applies in its entirety to any claim arising from these T&C of Sale. Under no circumstances shall HSO’s total and cumulative liability to the Customer, whether in contract, tort, or otherwise, exceed the total amount actually paid by the Customer to HSO for the specific product or service that gave rise to the claim.
09. Force Majeure
Neither Party shall be considered liable for delays, non-performance, or impossibility of performing its obligations when these are a direct or indirect consequence of force majeure events, including, but not limited to: natural disasters (hurricanes, earthquakes, floods), fires, wars, armed conflicts, terrorist acts, officially declared pandemics or epidemics, embargoes, government sanctions, general or sector-wide strikes, widespread Internet network failures, acts of government, or unforeseeable legislative changes that prevent fulfillment of the agreement. The affected Party shall notify the other of the occurrence of the force majeure event as soon as reasonably possible.
10. Sanctions Compliance and International Regulations
The Customer represents and warrants that in all its dealings with HSO, it will comply with all applicable international trade laws and regulations, including, without limitation, the economic sanctions and trade restrictions administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, the sanctions lists of the United Nations and the European Union, and any other applicable export control regulations. HSO reserves the right to rescind any order or business relationship if it determines, in its sole discretion, that the Customer has breached this representation.
11. Applicable Law and Jurisdiction
These T&C of Sale shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, and with supplementary application of the laws of the State of Mississippi for transactions involving entities registered in that state. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any dispute arising out of or in connection with these T&C of Sale shall be submitted to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida (or, for disputes exclusively involving Mississippi entities, in Panola County, Mississippi), the Parties waiving any other jurisdiction that may correspond to them.
12. Contact for Sales and Support
For any inquiries, incidents, or claims related to your order, you may contact our customer service team through the following channels:
- Email: customerservice@huronsmithoil.com
- Support: support@huronsmithoil.com
- Phone: +1 (866) 954-5938
- Postal address: 204 Hays St, Batesville, Mississippi, 38606, USA