Business Terms and Conditions

1. Preliminary information

These Terms and Conditions (the “Terms”) apply when using online stores www.himalyo.cz operated by HIMALYO SE, with registered office at Trojská 39/201, Troja, 171 00 Praha 7, Company No. 06610889 (hereinafter referred to as “Seller”).
The Terms and Conditions regulate the mutual rights and obligations arising under the Purchase Agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter the “Buyer”) through the online store of the Seller.
The Terms and Conditions are an integral part of the Purchase Agreement and both documents are written in the Czech language. It is possible to agree provisions in the Purchase Agreement that differ from the Terms and Conditions, these having precedence over the provisions of the Terms and Conditions. The Terms and Conditions may be amended by the Seller, the new wording is without prejudice to the rights and obligations arising after the effective period of the previous wording of the Terms and Conditions.
By placing an order the Buyer confirms that he/she is properly and sufficiently familiar with the Terms and Conditions and agrees with them. The Terms and Conditions are stored in the pages of the Internet shop in a form that allows them to be archived and reproduced.
Legal relationships between the Seller with the Buyer shall be governed by the relevant provisions of Act. No. 89/2012 Coll., the Civil Code (hereinafter the CC).
A consumer is, within the meaning of § 419 CC, every person who outside his/her business activities or outside the independent exercise of their profession enters into a contract with a seller or otherwise has dealings with it.

2. Conclusion of the purchase agreement

The order (Art. 3.) that the Buyer made on www.himalyo.cz is a binding draft Purchase Agreement. The Purchase Agreement is concluded upon receipt of the order by the Seller. Accepting the order is understood to mean sending the “Confirmation of order” to the e-mail address specified by the Buyer in his/her order or through any other means of remote communication. The Buyer is obliged to check the correctness of the entered data. If the confirmation of order contains different information than that stated in the order the Buyer is obliged to immediately contact the Seller by phone or e-mail. The order and the confirmation of receipt are deemed to have been received, if the contracting parities are familiar with them.
The Buyer agrees to use a means of remote communication allowing individual negotiations for the conclusion of the Purchase Agreement and also gives his/her explicit consent to the use of an automated telephone system, fax machine and automatic sending of e-mail. All costs incurred by the Buyer using the means of distance communication in connection with the conclusion of the Purchase Agreement (the cost of internet access, telephone costs) shall be borne by the Buyer.
The Seller is not obliged to enter into any Purchase Agreement and especially with persons who have previously materially breached the Purchase Agreement or Terms and Conditions. The Buyer takes this fact into consideration and acknowledges it.
The Seller provides delivery of ordered goods (items) only within the territory of the Czech Republic, unless the contracting parties agree otherwise.
Individually concluded Purchase Agreements are archived by the Seller and are not accessible to uninvolved third parties.

3. The method of ordering and cost of goods including payment terms

The Seller’s online store contains a list of goods offered for sale including the prices and information about the costs associated with packaging and delivery. The prices of goods offered are inclusive of VAT and all related charges. The offer for the sale of goods and prices of goods remain in force as long as they are displayed on the website online store or while supplies last. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined. The Seller has the option to conclude a sales agreement under individually negotiated conditions. Discounts for customer recommendations, respectively for their purchases are only available to those Partners (holders of a partner CODE), which have not yet been granted a discount from the retail price listed on the www.himalyo.cz e-shop. The commission, which partners apply to their next purchase, will be sent by invoice expressed in the form of a discount. A Partner who is a business and requests a commission to be paid to a bank account or in cash, is obliged to issue an invoice and deliver this to the Seller (HIMALYO SE) after submitting the request for payment. In the event that the customer becomes a Partner, (i.e. contacts the operator of the Himalyo brand and concludes a contractual relationship with him/her committing to a specific minimum purchase for 12 months) this terminates the entitlement to commission for partners at the level above him/her under the rules and conditions of the so called partner membership. There conversely arises the entitlement to a commission in the amount of CZK 10 for each bottle of GOJI ORIGINAL juice that his “customer” purchases. The Partner’s entitlement to this commission arises on the day when the customer concludes the above contractual relationship and is valid for 12 months from this date.
When ordering goods, the Buyer fills in the so-called “Order Form” (hereinafter the “Order”), containing, in particular, information on the ordered goods (the Buyer places the ordered goods into an electronic shopping basket), method of payment of the purchase price of the goods, details of the desired method of delivery of the goods ordered and information about the costs associated with the delivery of the goods. The Buyer is allowed to check and modify data which they enter in the order before sending the order to the Seller, and this also with respect to the possibility of the Buyer to detect and correct errors when entering data into the order. The data entered into the order by the Buyer are considered as being correct by the Seller. The Seller is entitled, depending on the type of order (quantity of goods, the purchase price, the projected cost of transportation), to ask the Buyer for additional confirmation (such as in writing or by telephone). In the event that the Buyer does not provide an additional confirmation of the order, the Seller is entitled to demand payment of the full purchase price from the Buyer before sending the goods to the Buyer.
The Buyer shall pay the Seller in accordance with the concluded Purchase Agreement the price of the goods and any costs associated with the delivery of goods as follows:
- A. Payment on delivery
  The Buyer pays the price for the goods in cash upon acceptance from the carriers (e.g. Geis transport service drivers).
- B. Payment in advance by bank transfer
  The Buyer shall send details for payment for the goods (total amount, bank account number, variable symbol) to the Seller’s e-mail address and after the transfer of the amount to the account of the Seller the goods will be shipped.
- C. Payment in cash
  In cash on receipt of the good at the premises of the Seller.
- D. Cashless
  Through the payment system
The Buyer shall pay to the Seller the costs associated with packaging and delivery together with the purchase price. Unless stated otherwise, the purchase price includes costs associated with packaging and delivery.
In the case of payment in cash at the premises or in the case of payment on delivery, the purchase price is payable upon receipt of the goods.
The Seller shall issue the Buyer a tax receipt or proof of purchase of the goods after payment of the price of the goods in cases where it is customary in trade relations or the generally binding legislation.
When there is a delay in payment of the purchase price the Seller has the right to charge the Buyer a contractual penalty of 0.5% of the price of the goods for each day of delay.

4. Delivery and shipping of the goods

The title to the goods passes to the Buyer on the date of payment of the purchase price. Goods remain the property of the Seller until full payment is made for them. The receipt of goods by a Buyer, who is a businessperson, is regarded as the moment of the handover by the first carrier (transfer risk of damage). Risk of accidental destruction and accidental deterioration shall pass to the Buyer on acceptance of the goods.
The Buyer chooses the mode of transportation and delivery of goods upon placing an order. Terms of shipment and delivery are listed on the website. Transport costs (including all taxes) shall be paid by the Buyer.
The Seller is obliged either himself or through a carrier to deliver the goods to the place of delivery and the Buyer is obliged to accept them in this place.
If the Buyer fails to take over the goods on delivery, the Seller is entitled to charge a storage fee of 0.15% of the goods not purchased for each day of storage. In the event that for reasons on the side of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer shall pay the costs associated with repeated delivery of goods, respectively, costs associated with another delivery method.
The Buyer is obliged to take over the goods from the carrier and to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding a breach of the package indicative of unauthorized intrusion into the consignment or other damage, the Buyer is not obliged to take over the shipment from the carrier. If the Buyer takes over the damaged item from the carrier, it is necessary to describe the damage mentioned in the carrier’s handover protocol. By signing the delivery note the Buyer confirms that the shipment of goods meets all Terms and Conditions.
The Buyer shall always properly check the package contents (package) upon receipt. If the consignment or its content shows signs of damage, the Buyer shall immediately write a protocol of shipment damage with the carrier. If there is damage to goods in transit without any signs of damage to the packaging, the Buyer shall notify this fact to the Seller within 1 business day from the delivery of the consignment. It is always advisable to photograph the damage and send the captured image to the Seller by e-mail as evidence of the Buyer’s claim to the complaint.
The delivery time is agreed in the Purchase Agreement. In the case of advance payment by bank transfer the delivery time is calculated from the time the amount is credited to the Seller’s account. After the closure of the order an information e-mail about the acceptance of the order, and then information about the upcoming expedition of the goods, will be sent to the Buyer.

5. Withdrawal from the agreement by the consumer

The Buyer, if he/she is the consumer, has the right without giving any reason to cancel the agreement no later than 14 days from the day following the date when the Buyer or the Buyer’s designated third person (other than the carrier) takes over the products. In order to meet the deadline for withdrawal, it is sufficient to send the withdrawal before the expiry of that period.
To exercise the right of withdrawal from the Agreement the Buyer must notify the Seller of his withdrawal from the Agreement in the form of unilateral action (for example, by a letter sent through the postal service or an e-mail sent to info@himalyo.cz).
If the Buyer withdraws from the agreement, the Seller will refund all payments received from him/her, including the cost of delivery (except for the additional costs incurred due to the Buyer having chosen a method of delivery that is different than the least expensive type of standard delivery offered by the Seller). Reimbursement by the Seller shall be made by the same means of payment as, the Buyer used for the initial transaction, unless the Buyer expressly agreed otherwise. The Buyer does not incur any additional costs in this way. The Buyer shall bear the direct cost of returning the goods.
The Seller returns to the Buyer any payment after receiving the returned goods or proof that the Buyer of the goods sent them back to the Seller without undue delay, within 14 days from the occurrence of the first of these facts.
The Buyer is obliged to return the goods undamaged, unused and complete with the original proof of purchase (invoice) to the following address:
HIMALYO SE,
Trojská 39/201,
Troja, 171 00 Praha 7

and this without undue delay, within 14 days of the date when the withdrawal from the agreement occurred, this period is considered as observed if the Buyer sends back the goods before the deadline expires.

The Buyer shall only be liable for the diminished value of the goods resulting from the handling of them in another way than that which is necessary to establish the nature and characteristics of products, including its functionality.

6. Withdrawal from the agreement by the seller

If the Buyer is in arrears with payment of the purchase price or does not take over the goods into their possession, the Seller is entitled to withdraw from the agreement. The Seller has in this case the right to compensation from the Buyer for transport and other costs associated with returning the goods.
The Seller also has the right to withdraw from the agreement if the production of the goods has ended or the supply to the market, or to significantly change its price or without giving a reason.

7. Liability for defects

The rights and obligations of the contracting parties regarding the Seller’s liability for defects, including the warranty of the Seller’s liability shall be governed by the relevant legislation (especially the provisions of § 2099 et seq. of the Civil Code), these Terms and Conditions and Complaint Regulations are available on the website www.himalyo.cz .
The Seller is responsible for ensuring that the goods sold are in compliance with the Purchase Agreement and that they have no defects. Compliance with the Purchase Agreement is taken to mean that the goods are at the agreed quantity, quality and design.
In the event that the goods taken over have a defect, the Buyer has the right of defective performance according to the provisions. § 2099 et seq. of the Civil Code.
In the event that a dispute arises between the seller and the buyer which cannot be resolved by mutual agreement, the consumer may file a petition for extrajudicial resolution of such dispute with the body designated for extrajudicial resolution of consumer disputes. The buyer and seller have agreed that the deciding extrajudicial institutions will only be the Czech Trade Inspection Authority General Inspectorate - ADR Department, Štěpánská 15, 120 00 Praha 2, e-mail: adr@coi.cz. Buyers can also take advantage of a platform for online dispute resolution, which is available at https://adr.coi.cz/cs.

8. Protection of personal data

Any personal data that is provided to Seller by the Buyer to fulfil orders are processed, collected and stored in accordance with applicable laws, in particular Act no. 101/2000 Coll. on the Protection of Private Data. For the purpose of exercising the rights and obligations arising from the Purchase Agreement and for the purposes of sending information and communication the Buyer agrees to the processing, collection and storage of their personal data and this until a written statement of any disagreement. The Seller declares that all personal information is confidential and will only be used for the execution of the agreement with the Buyer and will not be otherwise disclosed or provided to third parties except in cases relating to payments or distribution of the goods ordered. The Buyer declares that any personal information entered is true and correct and shall promptly inform the Seller about changes to their personal data. The Buyer has the right to access his/her personal data and to correct them, including other legal rights to these data. The Seller may appoint a third party as a processor for processing the Buyer’s personal data.

9. Final provisions

The Seller is not bound by codes of conduct within the meaning of § 1826 CC in the relations with the Buyer. Mutual relations and any disputes arising under the agreement shall be resolved exclusively by the applicable law of the Czech Republic and will be resolved by the competent courts of the Czech Republic. The Buyer acknowledges that he/she buys goods that are on offer by the Seller, the Buyer has no rights to use corporate or business names and logos, registered trademarks or patents of the Seller and others, unless stated otherwise.

Data, information, offers, and invites from promotional e-mails sent by HIMALYO SE, are not a proposal for the conclusion of an agreement (offer) or a public promise and can not thus be interpreted as such and HIMALYO SE cannot be bound by these texts without the spoken, prior, or written consent of HIMALYO SE

10. Contact information of the seller

HIMALYO SE, Trojská 39/201, Troja, 171 00 Praha 7, obchod@himalyo.cz, +420 840 000 111

(revised 23. 2. 2016)