Public Offer

1. Basic terms and definitions.

1.1 Offer is an offer of DIMAR LLC on realization of goods on the Hstock Aggregator by means of software and hardware tools of Aggregator.

1.2 Acceptance means that the User expresses consent to sign this Public Offer Agreement on the terms and conditions specified in the Offer.

1.3 Seller is a legal entity, an individual having the status of an individual entrepreneur, a self-employed person, an individual with legal capacity who does not have a legal status but agrees to the terms and conditions of the Agreement.

1.4. Hstock is DIMAR LLC, 30 N Gould St #29175, Sheridan, WY 82801, which is the owner of the Aggregator of information about goods and services, owning a site on the Internet, where the Sellers' offers, addressed to buyers, are placed. 

1.5 Aggregator is a digital platform providing flawless, high-precision relevance of information. A set of functions of the Website provided for publication, review of information and data, united by a common purpose, by means of technical means used for communication between computers on the Internet. Located on the Internet at https://hstock.org/.

1.6 The User Agreement is an agreement on the terms of use of the Aggregator concluded between the users of the Aggregator and Hstock. The text of the User Agreement is available at https://hstock.org/en/polzovatelskoe-soglashenie.

1.7 Seller's Store is the Seller's digital trade space located on Hstock for trading the Seller's goods.

1.8. Personal Account is a software hosted on the Hstock Aggregator, owned and/or operated by Software Solutions LLP with the User's access, which displays the statistics of the use of the Services and the purchase and sale of goods. The User's access to the Personal Account is provided by Hstock.

1.9 Balance is a summary of funds inflows and outflows in the Seller's personal account.

1.10. Statistics Data is data from automated information recording systems which, among other things, may contain information about the sold goods and other information related to the Agreement.

2. The procedure of the Agreement conclusion.

2.1 In order to conclude the Agreement:

2.1.1. The Seller fills in the registration form, providing the necessary information and uploading the necessary files, and agrees to this Agreement when creating a store.

2.1.2. Hstock studies the information and documents received from the Aggregator and registers the Seller's store on the Aggregator https://hstock.org/ (hereinafter Aggregator). Granting the Seller the right of access to the Aggregator is recognized as Hstock's consent to conclude the Agreement on the terms and conditions of the Offer.

2.1.3 Acceptance of the terms of the Public Offer for the Seller gives the right to order a service to promote the product card, the Seller's store on the Aggregator (acceptance is checking the box, applying for registration of the Seller's store, replenishing the account) at Hstock.

2.1.4 The Seller is obliged to familiarize themselves with all Hstock rules, which include: this public offer; user agreement and privacy policy.

2.1.5. The agreement on the terms of the Offer is recognized as concluded between Hstock and the Seller from the moment of submitting an application for registration of the Seller's store.

2.2 The procedure and terms of use of the Aggregator by the Seller are defined by the User Agreement.

3. Subject of the Agreement.

3.1. Hstock provides the Seller with an opportunity to use the Aggregator interface for realization of digital goods and/or provision of services, and Hstock undertakes the obligation to maintain the Aggregator in stable working condition for a reward, and to attract users to Hstock by means of advertising.

3.2 The Seller places cards of Goods for sale on the Aggregator with indication of name and other information about the Goods according to the format placed on the Aggregator. 

3.3 Goods are the property of the Seller until the Buyer acquires ownership of the Goods.

4. About money.

4.1 The Seller has the right to change the price indicated on the Aggregator by providing discounts using the Aggregator. Goods shall be sold by Hstock at the price specified by the Seller on the Aggregator at the time of sale of the Goods, including the discounts provided by the Seller on the Goods (hereinafter referred to as the "Retail Price specified by the Seller").

4.2 The Seller takes financial responsibility to the tax authority on their own.

4.3 When purchasing Goods on the Aggregator, the Buyer transfers funds to the Hstock settlement account. The funds transferred to the Hstock current account are transferred in full in the personal account of the Aggregator in the Balance tab.

4.4 At the moment of transaction Hstock withholds % depending on the Seller's rank. 

4.5 When the Seller has accumulated the amount for withdrawal of funds, the Seller submits a request through a special form in the personal account. The Aggregator has the right to conduct a check before transferring funds to the Seller's account. The aggregator carefully monitors withdrawals of large sums and checks the Sellers before sending money to the personal account. If the Seller does it for the first time, Hstock should certainly check it and only then transfer funds to the Seller.

4.6. Payments under the Agreement shall be made according to the chosen currency, in non-cash form, by transferring funds to the settlement account of the respective Party.

4.7 The Aggregator's payment obligations shall be deemed to be fulfilled from the date of debiting funds from the Balance in the Seller's personal account.

4.8. In case of a dispute between the Seller and the Buyer, in case of returning goods to the Seller and money to the Buyer, Hstock shall not transfer a money reward for the Goods to the Seller.

4.9. If the Seller tops up the balance from the User's personal account, this money cannot be withdrawn back, only spent on paid services.

5. Agreement Validity

5.1 The Contract comes into force from the moment of its acceptance by the User and may be valid until the Parties fulfill their obligations in full

6. Rights and obligations of the parties

6.1 Rights and obligations of Hstock:

6.1.1. Hstock undertakes to perform all legal and factual actions in accordance with the terms of this Agreement.

6.1.2 To provide Services under this Agreement, Hstock shall have the right to engage third parties without agreement and any approval of the Seller, while remaining responsible for the actions of such third parties as its own.

6.1.3. Hstock has the right to modify the Aggregator, change its design, add a new interface, as well as restrict access to the Aggregator when conducting such works.

6.1.4. Hstock has the right to place advertising materials on any page of the Aggregator.

6.1.5. Hstock has the right to send warnings, notices to the User, as well as unilaterally, without court procedures, to terminate the Agreement in full, including canceling such User's access to the Aggregator, deleting their Personal Account.

6.1.6. Hstock has the right to control, edit and delete content, including, but not limited to, removal of profanity and correction of errors at its sole discretion, without prior consent of the User.

6.1.7. Hstock has the right to change legal documents without notice.

6.1.8. Hstock has the right to introduce, change, cancel fees for the Aggregator's services. 

6.1.9. Hstock has the right to suspend the activity of the Seller who is engaged in illegal activities and delay the withdrawal of their funds for 180 days 

6.1.10. Hstock has the right to make automatic refunds in case of an open dispute with the Seller, if the Seller does not respond for more than 24 hours. And also if the order fulfillment time for manual delivery has expired.

6.1.11. Hstock has the right to request documents confirming the origin of the Seller's goods.

6.1.12. Hstock has the right to delay withdrawal of funds for 30 days for the purpose of verification of the Seller. Including initiating KYC verification using a third-party service.

6.1.13. Hstock has the right to stop the Seller's activity if within 2 months they: 

- have not created any trade card;

- have run out of units for all products and does not refill them;

- have no sales

6.1.14. Hstock has the right to withdraw the security deposit from 5 to 30 working days at the Seller's request, to stop the Seller's activity if there is no minimum deposit of 1000 rubles.

6.1.15. Hstock has the right to restrict access to any information contained on the Aggregator at its sole discretion.

6.1.16. Hstock has the right to initiate KYC verification of the Seller at any time, at its sole discretion, using a third-party service to confirm the Seller's identity. Hstock shall verify the Seller to prevent and detect improper use of the Aggregator.

6.1.17. For the purposes of developing its own business, Hstock has the right to conduct various kinds of stimulating activities (promotions) in the Seller's interests. The terms of such actions shall be agreed upon by the Parties additionally in Additional Agreements to this Agreement or using e-mail addresses of the Parties.

6.1.18. Hstock has the right to stop the Seller's work if the Seller specifies its contact details in the product description, remaining items file, store rules, any other places where information is posted on the aggregator.

6.2 Seller's Rights and Obligations:

6.2.1 The Seller has the right to use the Aggregator in accordance with this Agreement and the User Agreement.

6.2.2 The Seller undertakes to offer for sale only the goods that do not contradict the list of prohibited goods (List of prohibited goods or services)

6.2.3 The Seller has the right to withdraw earned money from the balance of their personal account.

6.2.4 The Seller has the right to voluntarily undergo KYC verification using a third-party service and receive a number of privileges for this.

6.2.5 The Seller has the right to increase their rank in the Aggregator system.

6.2.6 The Seller has the right to use internal tools for promotion on the Aggregator.

6.2.7 The Seller has the right to sign up for the Aggregator and get access to the Personal Account according to the User Agreement.

6.2.8 The Seller has the right to use the interface of the Personal Account to the full extent.

6.2.9 The Seller undertakes to provide Hstock with accurate information, including images and description of the Goods in time for posting on the Aggregator.

6.2.10. The Seller undertakes to independently control the relevance of the posted information about the Goods.

6.2.11. Provide high-quality and unique photos, screenshots, images of the Goods. 

6.2.12. The Seller has no right to use photos, images posted on the Aggregator, on other sites. The Seller has no right to copy non-original images of their Goods from other sites.

6.2.13. The Seller is obliged to answer the Buyers' questions about the goods in chats as soon as possible, not to mislead the Buyers, to provide only reliable information, to be polite and friendly in communication.

7. Responsibilities.

7.1 In case of non-fulfillment or improper fulfillment of the terms of the Agreement the Parties shall be responsible according to the procedure stipulated by the USA legislation and this Agreement.

7.2 The Seller shall be responsible towards the Buyers and other third parties for the quality of the Goods. 

7.3. Hstock shall not be responsible for the Seller's obligations to the Buyers and other third parties.

7.4 The Seller takes all responsibility towards the Buyer for the quality and timely delivery of the Goods, Hstock is not responsible towards the Buyer for the result and timely delivery of the Goods by the Seller, as it does not participate in the Seller's activity in any way. 

7.5 The Seller is responsible for the compliance of the content of the information provided by Hstock with legal requirements, including the accuracy of information, errors and inaccuracies contained in such information.

7.6 The lost profit shall not be compensated.

7.7 In case Hstock is subject to any claims, demands, lawsuits from third parties related to:

- infringement of their exclusive rights caused by unlawful launch of Goods into civil circulation, unlawful use of Goods trademarks, the right holders of which are these third parties, or

- non-compliance of Goods with the requirements and guarantees established by the Contract or the legislation of the CIS, EU, USA, Canada, or

- if the Seller provides Hstock with false/forged/non-compliant with the legislation of the CIS, EU, USA and Canada countries/received in violation of the requirements of certificates/declarations of conformity, or the Seller's violation of the term for submission of documents stipulated by the Agreement, the Seller undertakes to provide Hstock with the necessary assistance in settling such claims, demands and lawsuits, as well as reimburse Hstock for all losses incurred by Hstock due to such claims, demands and lawsuits, including, but not limited to, the amounts of fines and compensations and other losses caused by such claims, demands and lawsuits, including, but not limited to, the amounts of fines and compensations and other losses caused by such claims, demands and lawsuits.

7.8. Hstock shall not be responsible for indirect losses or lost profits of third parties, regardless of whether Hstock could have foreseen the incurring of such losses.

7.9. The Seller takes full responsibility for the accuracy of the information provided in the Personal Account and posted on the Aggregator.

8. Procedure of amending the Agreement.

8.1. Hstock has the right to unilaterally make changes and/or additions to the Agreement. Changes and additions may be made including in the form of a new edition of the Public Offer text.

8.2 The Aggregator should notify of changes and/or additions to the Agreement and other documents by posting the text of changes/additions or the text of the Offer (other document) in a new version on the Aggregator. The moment when the amendments/additions come into force is when the Seller takes actions on the Aggregator to accept the amendments/additions or when the Seller transfers Goods to Hstock for realization after the amendments/additions have been published on the Aggregator, whichever occurred earlier. If the Goods are sold or other obligations under the Agreement are fulfilled by the Parties before the changes/additions come into force, the terms and conditions in force before the changes/additions were published on the Aggregator shall apply to the consequences of such sale or such fulfillment.

8.3 Posting of amendments and/or additions to the Agreement (other document) in a new version on the Aggregator means proper fulfillment of Hstock's obligation to notify the Aggregator. The Seller undertakes to independently visit the Aggregator to check the presence/absence of changes/additions, the Offer (other document) in a new version.

9. Final Provisions.

9.1 The Seller undertakes to notify Hstock of any change in its location, bank details, contact numbers, e-mail addresses, no later than in 2 (two) business days from the date of such changes. Obligations of Hstock performed prior to such notification at the old address and details shall be deemed to have been properly performed.

9.2 Any correspondence between the parties, including sending notices, claims, primary documents, shall be carried out exclusively through the Aggregator in electronic form.

9.3 The Seller agrees that their use of login and password is a proper and sufficient identification of the Aggregator when logging in, confirmation of the right to make transactions in the Aggregator and is an analogue to the Aggregator's handwritten signature, and the transactions and deals made by them in their personal account on the Aggregator are considered to be made in a usual written form. 

9.4 The Parties shall adhere to the principles of good faith and fairness when carrying out their activities and shall carry them out strictly in accordance with the applicable law, including the norms of anti-corruption legislation. Bribery, commercial bribery and corruption, money laundering, violation of applicable sanctions and illegal trade are unacceptable in any form.

10. DETAILS.

DIMAR LLC (EIN: 93-4731644)

Business address of the organization 

30 N Gould St #29175, Sheridan, WY 82801

Effective: August 31, 2022