01. Scope of Application
These T&C of Sale apply to all purchase and sale transactions of goods and services (both physical and digital) carried out between HSO and the Customer through the HSO Trading platform. They constitute the entire agreement between the Parties with respect to 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 their order, HSO will make available to them, in a clear and understandable manner, the following information:
- The essential characteristics of the contracted products or services.
- The total price, breaking down taxes, tariffs, shipping costs, insurance and any other applicable additional costs.
- The delivery method and estimated time, as well as the Incoterms 2020 that will govern the operation in the case of physical goods.
- The applicable commercial cancellation or claim procedure, without any consumer withdrawal right in B2B commodity transactions unless required by mandatory law.
03. Purchase Process and Perfection of the Contract
The purchase process is carried out as follows:
- The Customer selects the desired products or services, being able to participate in supply and demand processes within the platform.
- During the payment process, the Customer must carefully review all the details of their order and correct any errors before proceeding to confirmation.
- By clicking on the “Pay Now” button or similar, the Customer issues a binding purchase offer. The contract shall be deemed perfected 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 error in pricing, unforeseen unavailability of the product or service, or failure by the Customer to comply with the payment conditions. In such cases, HSO will notify the Customer and proceed to the full refund of the amounts that have been 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 US 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 broken down and added to the total amount during the payment process.
4.2 Electronic payments by card, ACH or other PCI-DSS compliant processors may be used for subscriptions, digital services or lower-value transactions. Larger commercial transactions, including hydrocarbon cargoes, significant B2B sales or international transactions, shall be settled by wire transfer, letter of credit, documentary collection or another contractually agreed mechanism.
4.3 In the case of subscriptions to recurring services, charges will be made automatically at the beginning of each billing period (monthly, quarterly or annually, as contracted), unless the Customer cancels the automatic renewal at least three (3) business days before the renewal date, through their user panel or by contacting our customer service.
4.4 HSO shall not be responsible for delays or failures in collection 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 accesses, license keys, electronic documentation) shall be deemed delivered at the moment the Customer receives the access credentials or the download link in their user panel or in the confirmation email.
5.2 For physical products, delivery shall be governed by the Incoterms 2020 agreed in the order confirmation (e.g., FOB, CIF, DAP, etc.). The risk of loss or damage to the goods shall be transferred 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 products received and verify the correct functioning of digital products within a maximum period of seven (7) calendar days from delivery. Any conformity defect, shortage or apparent damage must be communicated to HSO in writing (to operations@hsotrading.com) within said 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 them. The Customer acquires only a limited, non-exclusive and non-transferable license of use under the terms established in the corresponding license agreement and in the General Terms and Conditions. The restrictions on copying, modification, reverse engineering, decompilation and redistribution are fully applicable.
07. Limited Warranties
7.1 HSO warrants that the supplied physical products (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 The quality warranty is limited to substantial compliance with the agreed technical specifications, including ASTM, API or other applicable contractual standards where relevant. Such warranty shall not be conditioned on the existence, scope or limits of HSO’s insurance policies. Insurance may constitute an independent risk management mechanism, but it does not by itself modify the contractual obligations assumed by the Contracting Entity or the agreed liability limits.
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 established in the applicable Refund Policy are met.
7.4 EXCEPT FOR THE ABOVE EXPRESS WARRANTY, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM THE COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF FLORIDA AND MISSISSIPPI.
08. Limitation of Liability
The limitation of liability set forth in the General Terms and Conditions, section 13, applies in full to any claim arising from these T&C of Sale. Unless the specific contract establishes a different limit, the total cumulative liability of the Contracting Entity to the Customer shall not exceed the amount actually paid by the Customer to that Contracting Entity for the specific product or service giving rise to the claim during the six (6) months preceding the triggering event. Nothing in these T&C of Sale shall limit or exclude liability for willful misconduct, fraud, gross negligence, personal injury, death or liability that cannot be excluded under mandatory law.
09. Force Majeure
Neither Party shall be responsible for delays, non-performance or impossibility of performance when caused directly or indirectly by force majeure events, including natural disasters, fires, wars, armed conflicts, terrorist acts, officially declared pandemics or epidemics, general or sectorial strikes, widespread Internet failures, acts of government or unforeseeable legislative changes preventing performance. Sanctions, embargoes, blocking measures or legal restrictions shall not operate as a mere suspension where performance is illegal or would expose HSO to liability; in such cases, HSO may suspend, reject, withhold, block, report or terminate the transaction under the sanctions clause. Force majeure shall not excuse a counterparty’s breach of sanctions, export controls, AML/CFT or anti-corruption laws.
10. Compliance with Sanctions and International Regulations
HSO maintains a “sanctions-first” posture and may conduct KYC, enhanced due diligence, beneficial ownership verification, sanctions screening, PEP screening, adverse media review, end-user, end-destination, logistics route, vessel, carrier, financial institution and commercial documentation reviews before and during any transaction. The Customer represents and warrants that neither it nor its affiliates, ultimate beneficial owners, directors, representatives, banks, vessels, carriers, final buyers, sellers, consignees or end users are listed on OFAC/SDN, United Nations, European Union, United Kingdom or other competent sanctions lists, or owned or controlled by blocked persons. Any transaction involving PDVSA, blocked persons, Cuba, the Cuba embargo under 31 CFR Part 515, Venezuela sanctions programs including E.O. 13850 and 13884, embargoed destinations, transshipments, reexports or routes designed to evade sanctions or export controls administered by OFAC or BIS/EAR is prohibited. HSO may suspend or reject orders, withhold performance, block or return funds where legally permitted, require additional KYC/EDD documentation, report to competent authorities and terminate the business relationship without liability where sanctions, export control, AML/CFT, fraud or evasion risk exists.
11. Applicable Law and Jurisdiction
These T&C of Sale are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws 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 controversy arising from 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), and the Parties waive any other jurisdiction that may correspond to them.
12. Sales and Support Contact
For any inquiries, incidents or claims related to your order, you may contact our customer service team through the following channels:
- Email: operations@hsotrading.com
- Phone: +1 (866) 954-5938
- Whatsapp: +1 (662) 563-0560
- Postal Address: 204 Hays St, Batesville, Mississippi, 38606, USA