These General Terms and Conditions of Contract (hereinafter GTCC) lay down the rights and obligations of AYURA HERBAL Kft. – seat: H-4030 Debrecen, Epreskert u 2 – and contracting parties entering into a contractual relationship with it by way of a Partner’s application form between themselves, as well as the general terms and conditions of contract with reference to the commercial sales network of the products whose exclusive right of distribution is held by AYURA HERBAL Kft..
1./ Scope of the General Terms and Conditions of Contract:
The scope of the GTCC covers all contractual relations between AYURA HERBAL Kft. and Partner, without territorial constraints.
2./ Establishing a partnership
Any person who fills in the Partner’s contract online or on paper can be a partner. A natural person Partner may only be a natural person above the age of 18 with sound mind and the necessary discretionary ability for conducting their affairs, as well as with unlimited contracting capacity. Persons under psychiatric treatment or law enforcement may not register in the network as a partner. If the latter conditions occur, the rights entailed in network membership shall be suspended temporarily, for the term of the treatment and/or punishment.
Partnership is non-transferable.
4./ Scope of the partnership:
Partnership shall be valid indefinitely, irrespective of its territorial scope.
5./ Partner’s rights and obligations:
Under the conditions of these GTCC, Partner is granted the rights to purchase the products distributed by AYURA HERBAL Kft. for a partner price for their own use and to pursue, without an exclusive right, commercial business activity with products distributed by AYURA HERBAL Kft. These rights shall be held by Partner only as long as their Partner’s Contract is valid.
Partner is entitled to purchase the products distributed by AYURA HERBAL Kft. at discount prices and resell them to third parties in compliance with the Business conditions.
By reselling the product Partner may acquire profit through the difference between the sales price and the purchase price; moreover, in compliance with the Ayura compensation plan, Partner has the chance to attain commissions and bonuses depending on the product turnover. AYURA HERBAL Kft. shall not be liable for Partner’s taxation obligations related to this activity.
Beyond the above Partner shall not be entitled to claim their cash expenses or general business expenses.
After their registration has been approved, Partner as an independent contractor shall be responsible for their own activity.
There shall be no labour law relationship, other work-related legal relationship or corporate law relationship established between AYURA HERBAL Kft. and Partner.
Partner shall not be entitled to sign contracts on behalf of AYURA HERBAL Kft.
In their business activity, Partner shall act in compliance with the legal provisions territorially in force and the rules laid down by AYURA HERBAL Kft.
Partner shall advertise the system of AYURA HERBAL Kft. exclusively with the help of and by using the printed materials and information leaflets published by AYURA HERBAL Kft. as well as in other ways permitted by the Company.
When entering into contract, Partner shall provide true data. Partner shall be exclusively liable for any damage arising from providing false data.
Partner shall regularly update their data sheet filled in when entering into contract and make necessary corrections according to changes therein, and shall be exclusively liable for any damage arising from the failure to do so.
Partner commits to relieve AYURA HERBAL Kft. from and compensate AYURA HERBAL Kft. for any demand or claim made by third parties arising from Partner’s action, failure to act or any other behaviour imputable to Partner.
Partner is entitled to receive the information required for implementing their earnings claims, i.e. especially an extract of the book-keeping of AYURA HERBAL Kft. concerning transactions related to Partner’s earnings.
Partner shall pay the prevailing partner price of the products ordered in advance.
7./ Rights and obligations of AYURA HERBAL Kft.:
AYURA HERBAL Kft. shall sell the products distributed by them exclusively to registered Partner members within an MLM system, at the prevailing current prices published on the company’s official website.
Each product purchased by Partner on the basis of these GTCC shall be transferred into Partner’s ownership only after Partner has paid for the current price of the product. AYURA HERBAL Kft. expressly maintain the ownership right of the product until the price of the product has been paid for.
From the moment the goods are transferred into Partner’s ownership, Partner shall be responsible for the goods and the quality thereof.
If Partner fails to pay for the goods collected within the deadline determined, AYURA HERBAL Kft. is entitled to recover unpaid products.
AYURA HERBAL Kft. shall provide all the necessary information about the goods distributed.
For the sale of products by Partner, AYURA HERBAL Kft. shall pay a bonus and commission in accordance with the distribution performance laid down in the Ayura compensation plan.
AYURA HERBAL Kft. is entitled to deduct from Partner’s commission and bonus any outstanding debts of Partner to AYURA HERBAL Kft.
If Partner arranges a third person to become a Partner who fills in the Partner application form thereby entering into a partner contract, AYURA HERBAL Kft. shall grant the same benefits to these persons as those granted to all Partners.
AYURA HERBAL Kft. shall notify members in due time if the Company is unable to perform orders or is able to perform them only in significantly lower quantities or with longer deadlines.
AYURA HERBAL Kft. is entitled to reject partnership applications or refuse to perform orders from certain countries.
8./ Termination of partnership:
Partnership can be terminated by:
Withdrawal: After registration Partner may withdraw from this Contract if they no longer wish to be a member of the system. Partner shall notify Company of this within 8 days after registration, in writing.
Termination of contract: This contract is signed for an indefinite period. Partner is entitled to terminate the Contract in writing, with one month’s notice, which will be effective from the first day of the following month.
Termination of contract without notice: Either party shall be entitled to terminate this Contract without notice in the case of a material breach by the other party of the governing legislation or commitments arising from this contract or from other regulations of AYURA HERBAL Kft.
9./ Contracting parties’ compensation obligations:
Contracting parties shall fully reimburse each other for any damage caused to the other party by their intentional conduct.
AYURA HERBAL Kft. shall not be liable for the non-performance or late performance of obligations arising from the contract if these are caused by force majeure events. Force majeure events comprise all unavoidable events for reasons outside the control of AYURA HERBAL Kft., especially: natural disasters, fire, flood, authority measures, emergency, rebellion, civil war, strike or similar interruption, or the permanent non-availability of the basic technical conditions ensuring access to the official website and other database of AYURA HERBAL Kft. for reasons outside the Company’s control. In the case of a force majeure event AYURA HERBAL Kft. shall with no delay notify the other party in writing. During a force majeure event the validity of the contract shall be suspended to the extent to which it is impossible to comply with the contract.
10./ Provisions with reference to the website:
In order to use the website Partner as a user shall comply with all the conditions and rules listed and referred to hereunder or included in any other regulations published by AYURA HERBAL Kft.
AYURA HERBAL Kft. reserves the right to makes changes in or amendments or additions to, or delete parts from its website at any time, without prior notice. AYURA HERBAL Kft. may furthermore, in its own capacity, terminate its website without prior notice.
In order to use the services of the website, you have to apply for a specific user name and password, which you can do by filling in an application form (registration).
By registering on the website and agreeing to these GTCC, Partner consents to the management of his personal data entered during the registration by AYURA HERBAL Kft., in accordance with the Data Management Rules.
User shall not use their access for purposes endangering the safety of other persons’ data sheets, and shall not prevent others from using the website. Endangering the safety of the system or the network may result in police action or legal proceedings.
The contents of the website are protected by copyrights, trademarks, other ownership rights and laws, and are in the exclusive ownership of AYURA HERBAL Kft. The information or documents found on this website must not be copied, changed, re-published, mailed, downloaded, and you must not upload to or trade in any information or documents on the website without the written permission of AYURA HERBAL Kft. At the same time, subject to the conditions laid down herein, any page of the website may be downloaded on any personal computer and printed in one copy for your own, non-commercial use, for the purpose of getting to know, evaluating or purchasing the products of AYURA HERBAL Kft. on the condition that the marks with reference to copyright and trademark be retained in the copy downloaded and printed. The latter does not mean a permission at the same time to print, copy, distribute, forward, upload to another website, download, store, publish, change, use or amend the documents concerned with any commercial purposes.
The word AYURA and the Domain-names are all the trademarks of AYURA HERBAL Kft., which have been registered by AYURA HERBAL Kft. Unless otherwise provided, the graphics and texts shall be in the exclusive ownership of AYURA HERBAL Kft. and shall thus not be copied, distributed or displayed except with the special prior written permit of AYURA HERBAL Kft.
The official website of AYURA HERBAL Kft. may contain links to other pages. AYURA HERBAL Kft. shall not be liable for any advertisement linked to the website or for the use, operation, contents of other websites related to AYURA HERBAL Kft.’s website through links or for the data protection systems related to or the products and services available through those websites.
AYURA HERBAL Kft. shall not be liable for any place on the web related to its official website or any part of it through a link. AYURA HERBAL Kft. shall not be liable furthermore for any place on the web that might contain any part of AYURA HERBAL Kft.’s official website inserted.
Even though this website is accessible from anywhere in the world, the legislations of certain countries may prohibit visiting AYURA HERBAL Kft.’s website or selling the products distributed by the Company. In compliance with the territorially governing legislation AYURA HERBAL Kft. shall bear no liability for the consequences of using its website and the services provided in areas outside the European Union. People who access the website by violating the territorially applicable legislation shall do so at their own responsibility. Any offers with reference to services or goods published on the website are invalid in countries where these are prohibited by the law.
AYURA HERBAL Kft. is, in its exclusive competence, entitled to restrict access to the website without prior notice.
You shall bear exclusive liability for the safety of your password and for any claim, action or failure to act made by using your registered user name and password. Therefore you must take measures in order to prevent others from accessing your registered user name or password. The employees of AYURA HERBAL Kft. will not ask for your password.
Contracting parties declare and accept it as binding for themselves that User’s statements made by “clicking” on the official website of AYURA HERBAL Kft. shall qualify as valid contractual statements as if they were written statements.
The documents produced on the official website of AYURA HERBAL Kft. shall qualify as written documents.
AYURA HERBAL Kft. shall not warrant that its official website, the visit to its official website or the information, material and services accessible there are free of disturbances, program errors, flaws or other defects. AYURA HERBAL Kft. excludes any liability for damage caused to the computer system of visitors to the website, including among others the loss of archived data or damage caused by computer viruses.
AYURA HERBAL Kft. reserves the right to make corrections in false or imprecise information published on its website and bears no liability for any loss actually or allegedly arising from such mistakes unless the mistake arises from the intentional non-performance of an obligation by AYURA HERBAL Kft. The contents of the website of AYURA HERBAL Kft. may be amended without prior notice.
11./ Rules on data management:
AYURA HERBAL Kft. points out to Partner that, by Partner’s filling in the Partner contract and sending it to Company, Partner’s personal data are recorded into the Company’s database. Company shall treat the thus voluntarily disclosed personal data in compliance with the Data Management rules.
By accepting these GTCC, Partner expressly consents to the registration, recording and management of his personal data by Company.
12./ Miscellaneous provisions:
In order to settle any disputed issues arising from this Contract, Parties shall initiate prior consultations with each other and settle legal disputes where possible without court proceedings. If case of failure, Parties stipulate the exclusive jurisdiction of Debrecen Municipal Court.
AYURA HERBAL Kft. is entitled to unilaterally amend the contents of this Contract and its annexes. The prevailing GTCC and their annexes shall be published on the official website www.ayuraherbal.huoperated by AYURA HERBAL Kft. and shall take effect on the 8th day following their publication. Contracting parties who find the amendments derogatory for themselves shall be entitled to withdraw from the contract within 8 days following the taking effect of the amended contract. Those who refrain from exercising their right of withdrawal accept the amendments as ones having binding effect upon themselves.
These GTCC shall be accepted by filling in the Partner application form on the official website.
By entering into the Partner Contract online, an online contract is made, which contract shall qualify as a written contract.
I declare that I have studied the Business conditions, the Ayura compensation plan and the Data Management Rules of AYURA HERBAL Kft. and appreciate that these constitute inseparable parts of this Contract.
I declare that I have read and understood the contents of this Contract and consent to it in approval as to a document in full accordance with my will.
Valid as from 1 October, 2012.