RAMISSIO

 

Public Business Terms and Conditions of RAMISSIO LTD

ENG - Public Business Terms and Conditions

ENG - PRINCIPLES OF HANDLING PERSONAL DATA ACCORDING TO GDPR


PREAMBLE
These business terms and conditions regulate the mutual rights and obligations of RAMISSIO LTD, Company ID: 04201540, with registered office in Za Hládkovem 973/4, Prague 6 – Střešovice, Postcode 169 00, (registered in the Commercial Register at the Municipal Court in Prague under file no. A 77095) and of third parties in their contractual relationships.  An integral part of the business terms and conditions consists of the Code of Ethics, principles of personal data protection, complaints procedure, glossary of terms, compensation plan, corporate values and vision. All the provisions are in compliance with the Czech rule of law, ratified and promulgated by directives of the European Union, and by registering the Registered User confirms that he has read and agrees with its contents.

I.    Registration
1.    Registration shall mean the process based on which a contractual relationship has been concluded between the Company and the Registered User. The person interested can become a Registered User based on an application provided that it meets the following terms and conditions:
a)    This must be a fully competent person;
b)    The person must duly complete a registration form in the registration process;
c)    The person must agree with these terms and conditions.
2.    The person interested in membership shall duly enter the ID of the Registered User in whose structure he wants to be. It is not possible to make transfers within the structure (whether in the Group or in the Binary Tree), unless the Company so decides in exceptional cases.
3.    If the person interested in becoming a Registered User shall not meet the terms and conditions under 1. a) of this article, the Company shall decide about the Registration of such a person.
4.    Each person can only be registered once. If the Company finds that a Registered User has more than one Registration, such conduct shall be judged and considered to be particularly gross breach of obligations.
5.    Once registered the Registered User shall be allocated an ID.
6.    No employment relationship shall be established at registration for the Registered User at the Company. Once registered the Registered User does not become a representative of the Company or its supplier.  
7.    The Company shall send the cancellation of the Registration to the Registered User’s e-mail address stated in the registration form or in the MyOffice profile.
8.    The Company reserves the right to refuse the Registration for serious reasons which, in particular, may be missing, incorrect, duplicated or false information stated in the registration form. The Company shall send notice of such a decision to the Sponsor’s email address stated in this registration form.
9.    If the contractual relationship established under these terms and condition and all its parts is terminated between the Company and the Registered User, the Company shall cancel the Registration of the Registered User forthwith, see Chapter Termination of Membership and Related Measures.

II.    Registered User
1.    A natural person and a legal entity can become a Registered User.
2.    In the event that the Registered User operates business activity during disposal of the products, he does this on his own behalf, account and responsibility. In such an event the Registered User shall arrange his own relevant authorisation to perform business activity and is aware of all the obligations arising for him from this activity (separately files his own tax return, pays his taxes and related charges according to the legislation of the country in question).
3.    The Registered User shall always proceed in accordance with the legislation of the countries he operates in.
4.    A Member, value added taxpayer hereby in accordance with the provisions of Section 28 (5) of Act No. 235/2004 Coll., on Value Added Tax, as amended, empowers the Company to issue tax documents for the services provided under the Company’s Compensation Plan and related documents. The tax documents shall meet all the particulars under the VAT Act.
5.    A Member, valued added non-taxpayer hereby empowers the Company to issue invoices for the services provided under the Company’s Compensation Plan and related documents.
6.    A Member, value added taxpayer and non-taxpayer shall accept as his own the Company’s accounting  rules, state the allocated variable symbol for ensuring consistency of control reports, and not alter further particulars or amounts of the commission invoices.
7.    The Company and Member agree that they shall issue tax documents in electronic form under the provisions of Section 26 (3) of the VAT Act.

III.    Rights and Obligations of the Company
1.    The Company shall keep proper records of the group of all Registered Users and all sales of products to which the Registered Users contribute.
2.    The Company is entitled to unilaterally, without prior notice, change the price policy, ingredients of the product base, particulars of these terms and conditions, marketing  strategy and the Compensation Plan.
3.    The Company shall not be liable for the loss, damage, costs and expenses (including lost profit) caused directly or indirectly by a sudden objective event occurring outside the Company’s control, including strikes, failure in communication networks or events of force majeure.
4.    In an effort to ensure that regulations and procedures are observed the Company shall not act wilfully or wrongfully. However the Company shall hold liable all offences against these terms and conditions.
5.    In the event of particularly gross breach of obligations by a Member, the Company shall be entitled to withdraw from a contractual relationship that arose from these terms and conditions. The contractual relationship ceases with the written (electronic) delivery of withdrawal. Particularly gross breach of obligations shall mean breach of the obligation of the Registered User, the business terms and conditions or non-observance of the Code of Ethics.
6.    The Company shall be entitled to withdraw from a contractual relationship that arose from these terms and conditions if any terms and conditions of cooperation are breached without all the claims arising from the contractual relationship.
7.    The Company pledges to promptly deal with duly placed orders, recognise justified complaints within the period and settle justified claims.   

IV.    Rights and Obligations of the Registered User
1.    The Registered User, as the buyer, shall be entitled, under concluded contracts of sale, to buy from the Company, as the seller, products for the Recommended Selling Price. Products are bought on the basis of orders.
2.    The Registered User shall not be entitled to buy products from other Registered Users. The Registered User shall not be entitled to sell products to other Registered Users. Each Registered User buys goods under his own ID, unless placing a so-called combined order with one or more other Registered Users.
3.    The Registered User shall observe the provisions of generally binding legislation applying to the processing, provision, use and protection of personal data with which he comes into contact as part of his activity. Further to this information he pledges to maintain confidentiality and may not disclose them to other parties without the Company’s consent.
4.    The Registered User shall always sell products on his own behalf and his own account, and shall bear full responsibility for his conduct, business decisions and expenses. When selling products to third parties, the Registered User may not negotiate a purchase price with the third party that shall be lower than the Recommended Selling Price.
5.    The Registered User shall store products and handle them under standards and recommendations.
6.    The Registered User shall not be entitled to make any alterations to the packaging, covers and alter the properties of the Company’s products. In addition, the Registered User shall not be entitled to sell products that are damaged, have an expired guarantee period and whose value has been reduced.
7.    The Registered User shall be entitled to scrutinise and correct his personal data which are processed by the Company, as well as further rights arising from Section 21 of Act No. 101/2002 Coll., on the Protection of Personal Data, as amended. The provision of selected personal data shall be one of the conditions of Registration, thus the Registered User can freely decide whether he wants to register or not.
8.    The Registered User’s personal data shall be processed for the duration of the contractual relationship between the Company and the Registered User and once the contractual relationship is terminated they shall be destroyed or deleted without undue delay.
9.    The product shall become the property of the Registered User only at such time that its purchase price is fully paid up. Once the goods are handed over to the Registered User, the risk of damage and destruction of the goods passes to him.
10.    If the Registered User does not take over the purchased product for reasons subjectively dependent on his conduct (for example, if the person appointed is not present on the agreed date or if the Registered User is unable to pay the price), the registered User shall bear the costs connected with the repeat delivery of goods in full.
11.    The Registered User pledges not to transport good intended for sale over the state border for the purpose of their further sale.

V.    Rights and Obligations of the Member
1.    The Member pledges not to sell the Company’s products on e-shops or at online auction sites. If the Member sells products in this manner this conduct shall be considered gross breach of his obligations. The sale of products by the Member on Ramissio official sub-domains shall not be considered a breach of these terms and conditions.
2.    The Member shall devote the necessary care to his Group when explaining the Compensation Plan.  
3.    The Member shall treat all information he obtains from third parties when handling products carefully so he does not threaten the interests of these parties.
4.    The Member shall inform the Company forthwith if he ascertains facts which could result in damage to the Company’s good reputation or products.
5.    The Member shall continuously check and report all detected cases of breach of these terms and conditions.
6.    The Ramissio Member pledges not to use any form of online PPC (pay-per-click) campaign such as Sklik, Google Adwords or Facebook Ads to promote his sub-domain at ramissio.com. Breach of any one of these obligations shall be considered particularly gross breach of obligations.
7.    The Member shall act according to the Company’s current Compensation Plan when selling and building his sales structure, and not create his own marketing system and not alter the existing structures of other Members. Breach even of one of these obligations shall be considered particularly gross breach of obligations.
8.    In the event of the death of the Member, the rights and obligations arising from these terms and conditions, including his created structure, may pass on to his heir provided that the Company expresses its consent without undue delay.
9.    The Member pledges to separately become acquainted with any changes to the business terms and conditions, the Compensation Plan and any other documents that are published in MyOffice.

VI.    Other Business Information
1.    Each Member shall be able to track his transactions and become informed of his structure at the Company’s website office.ramissio.com.
2.    The Member pledges to login to the Company’s website using his ID, which he obtains at registration, and his password. The access password can be changed.

VII.    Termination of Membership and Related Measures
1.    The contractual relationship that arises from these terms and conditions shall be concluded for an unlimited period.
2.    The Registered User and Company may terminate the contractual relationship by agreement.
3.    The Company shall be entitled to stop fulfilling the commitments of the Company arising from the contract and suspend the rights arising from the contract, above all terminate or end the right to accept awards, make presentations at the Company’s public events, order products, use of access to MyOffice, the right to accept fees from the Compensation Plan, etc.
4.    The Company shall be entitled to terminate membership by immediate notice due to gross breach of obligations by the Registered User. Membership shall be terminated in writing (by email) and shall come into effect upon delivery to the Registered User.
5.    In the event of termination of membership, the Registered User shall be entitled to apply for any discounts, benefits or programmes provided by the Company that he did not apply for at the termination date of this contract.
6.    The Company shall be entitled to obtain appropriate compensation for damage due to breach of contract from the membership of the Registered User.
7.    The Company shall be entitled, for whatever reason, to modify or terminate access, whenever and in whatever way, to MyOffice. No prior notification shall be required for final termination.
8.    The Registered User shall be entitled to terminate his membership by written notice (email) delivered to the Company. The Registered User shall inform the Registered User to whose structure he belongs of this notice. A period of notice shall not be agreed. Once the Registered User’s membership is terminated he shall forfeit all rights and benefits connected with his activity at the Company. The Registered User shall terminate his activity together with the use of the Company’s names, symbols and know-how immediately upon cancellation of membership.

VIII.    Non-compete Clause
1.    The Member shall refrain from any conduct considered competitive with regard to the Company’s line of business throughout the duration of the contractual relationship between the Member and the Company. This shall particularly concern the sale of the same kind of products from other suppliers. If the Member breaches this provision he may be required to provide compensation for damage and this shall also be considered particularly gross breach of obligations.

IX.    Sales Promotional Materials
1.    Sales promotional materials shall be sponsorship tools and sales tools. These materials shall not been considered compulsory. The Registered User who decides to use such tools shall not stipulate this as a condition of his membership. When distributing these materials the Registered User shall be obliged to inform the other party that the purchase of this material is optional and not subject to further cooperation (except for materials that are part of the Starting Packs at Registration).
2.    No Registered User may manufacture, sell or disseminate sales promotional materials which can cause confusion with literature or materials published and disseminated by the Company. Only materials, sales tools (price lists, product catalogues, etc.) may be used that are approved by the Company and are created for this purpose. It shall be prohibited to publish such materials in printed form, in the form of an advert or a different manner allowing remote access.
3.    No Registered User shall have the right to use logos, designations and other media symbols and activity on behalf of the Company without prior written consent. Conduct contrary to this arrangement shall be considered particularly gross breach of obligations.
4.    If the Registered User receives written consent he may use the Company’s marketing materials and symbols only in accordance with the Company’s graphic manual and other rules.
5.    The Registered User may not spread claims, pronounce statements, imply or provide guarantees, be it verbally or in writing, contrary to the information materials prepared and approved by the Company.
6.    The Registered User may not spread claims about the therapeutic or curative effects of the Company’s products besides those claims approved by the Company or found in its official materials. Conduct contrary to this arrangement shall be considered particularly gross breach of obligations.
7.    It shall be prohibited to use unapproved car stickers, business cards and other promotional materials without the Company’s written consent.
8.    All current graphic supporting documents and manuals shall be available at MyOffice.

X.    Presentation of the Sales and Marketing System
1.    All invitations to the Company’s public presentations shall be presented to the public as an opportunity to learn about business opportunities.
2.    The Registered User pledges not to send any unwanted business communications to potential clients.

XI.    Order System and Delivery of Products
1.    Products can only be ordered at the Company’s website online 24 hours a day.
2.    If the Registered User does not pay the purchase price for goods he ordered within 10 days as of completion of the order, such order shall be cancelled. An exception shall be deferred orders when the Registered User enters the instruction for dispatch with a deferred future date.
3.    Products can be collected from the Company’s registered office only on issue days every Thursday from 10 a.m. to 4 p.m. unless stated otherwise. In this case the Company shall charge a storage fee of CZK 50 for the start of each further day of storage upon expiry of the issue deadline. The issue deadline shall be 20 days commencing the date that the payment for the order is included in the commission system.

XII.    Delivery and Payment Terms and Conditions
1.    If dispatched, the products shall be delivered in a consignment by courier service right to the home. The consignment shall be sent within 5 working days as of receipt of the order (this shall not apply in cases of idle time on the part of the Registered User or courier service). The current price list of packaging and postage can be downloaded from MyOffice or shall be provided upon request by Company staff.

XIII.    Commission
1.    Entitlement to any commission, determination of its amount, due date and further related questions shall be dealt with in the Company’s Compensation Plan.
2.    A Member shall be entitled to payment of commission only if he meets all the terms and conditions arising from the Company’s Compensation Plan, business terms and conditions, including all integral parts.

XIV.    Rights from Faulty Performance, Quality Guarantee, Withdrawal from the Contract
1.    The Company shall be liable to the Member for a product being delivered without defects. The Company guarantees the following properties of goods once accepted by the Member:
a)    the product contains properties and is suitable for the purpose which the parties agreed to; if there is no such arrangement, the goods shall contain such properties stated by the manufacturer that can be reasonably expected with regard to the nature of the product,
b)    the product is suitable for the purpose for which a thing of this kind is usually used or as stated by the Company or product manufacturer,
c)    the product is supplied in the appropriate amount, size or weight and meets the legislative requirements.
2.    If a concealed product defect appears within six months, it shall be deemed that the item already had a defect upon acceptance. This shall not apply if the defect was already obvious upon acceptance and the buyer must have known of this fact.
3.    The quality guarantee shall be considered to be the shelf life/expiry date stated on the product packaging or Company’s website.
4.    Rights arising from faulty performance shall be enforced in accordance with the Civil Code.

XV.    Withdrawal from the Contract of Sale
1.    In the event that the contract of sale of the product was concluded with a Registered User who is the consumer, the Registered User shall have the right to withdraw from the contract within fourteen days as of acceptance of the goods without stating a reason.
2.    In the event of withdrawal under this article, the Registered User shall send the product or hand it over to the Company without undue delay, and send back products which the Company had supplied him with within fourteen days as of withdrawal at his own costs. The Registered Member shall send back the full product with its complete documentation, undamaged, clean and if possible in its original packaging, condition and value in which it was accepted by the Registered Member.
3.    The withdrawal can be made through correspondence addressed to: RAMISSIO LTD, odštěpný závod, Křivánky 682/12c, Brno – Bosonohy, Postcode 642 00. If the goods are sent within the specified deadline this shall suffice as withdrawal from the contract of sale.
4.    In the event of withdrawal under this article, the Company shall refund all money within fourteen days at the latest in the same way as it received the money that the Registered User – Consumer paid for the purchase price.

XVI.    Final Provisions
1.    The Company and Registered User pledge to amicably settle all disputes which may arise. However if an unsettled dispute does arise, it shall be settled by the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic with Brno as the arbitration venue in accordance with the valid Rules of the Arbitration Court.
2.    The Company’s relationship with third parties shall be regulated by the Civil Code and the parties agree under Regulation (EC) No. 593/2008 that Czech law shall be the governing law in the event of international disputes.  
3.    In the interest of increasing and improving the quality of information and education of the Members, the Company provides various training and specialist seminars.
4.    The specifications of individual products and their prices shall be made available to logged-in Registered Users on the Company’s website at eshop.ramissio.com and the price list.
5.    If the Company has any cash receivable due from a Member, it can be offset against a due commission.
6.    The Member’s obligation shall be to follow and become promptly acquainted with all changes to the Company’s business terms and conditions and rules, including their integral parts, as well as the Company’s Compensation Plan. If any change does arise to the business terms and conditions and the Compensation Plan, the Member shall be entitled to cancel his contractual relationship without providing a period of notice.
7.    The Registered User confirms that he has read, understood and fully comprehends all the provisions of this agreement which constitute the legal and moral basis for the contractual partner relationships between the Registered User and the Company.
8.    These terms and conditions come into effect as of October 7th 2019.