Terms and conditions

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TERMS AND CONDITIONS

General Conditions for the use of the website www.ayurvedaresorts-sherpa.com

Thank you for your interest in our company, website, and services.

Please read carefully this document, hereinafter referred to as “This document”, “Contract”, “Terms” together with the documents mentioned in its content.

This document represents the conditions for using the website www.ayurvedaresorts-sherpa.com  (hereinafter referred to as “the website”) and placing orders for services through the website.

By browsing our website or scheduling an online consultation session you agree to the Terms and Conditions described below. This document is a legal agreement – ​​a contract between you and us.

Please also read the Privacy Policy and the Policy regarding the use of cookies modules (which you can find here)  before browsing the website or scheduling a consultation session. If you do not agree with these Terms or the Policies indicated above, please do not use the website.

The “Terms and conditions” section represents how Ayurveda Resorts Sherpa, a brand of EU Shape Consulting SRL, operates and helps define your relationship with our website when you interact with our services and includes the rules that will govern the relationship between you as the Client and us as the Consultant, as well as the terms of use of the website www.ayurvedaresorts-sherpa.com  by potential visitors or clients.

The “Terms and conditions” document is drawn up in accordance with the mandatory provisions stipulated by the applicable legislation in Romania, respectively Law no. 365/2002 on electronic commerce and G.E.O. no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts.

 

  1. Introduction. Definition of terms used
  2. Online sales policy
  3. Ordering services
  4. Offers, invoicing and payment
  5. Cancellation and refund policy
  6. Obligations of the Client
  7. Obligations of the Consultant
  8. Intellectual property right
  9. Provider’s Liability, Limitations and Exclusions
  10. Acceptance of Terms and User or Client Liability
  11. Notices and complaints
  12. Personal Data/Privacy Policy
  13. Force majeure
  14. Notices
  15. Governing Law and Dispute Resolution
  16. Specific clauses
  17. Modifications/completions/updates of the document

 

  1. Introduction. Definition of terms used

1.1. Who are we?

Below you will find our identification data:

 

Name EU Shape Consulting SRL
Office address Conțești 71, Davidești 117351, Jud. Argeș, Romania
Trade register number J3/1289/2021
Unique Identification Code (CUI) / VAT RO36652714
E-mail emilia.miloiu@eu-shape.eu
Phone +40 738 463 222

 

In the content of this document we will refer to us using the brand name “Ayurveda Resorts Sherpa”, under the name “Consultant”.

We are a company that offers services through the website www.ayurvedaresorts-sherpa.com and its subdomains or affiliated websites (hereinafter collectively referred to as the “Website”), of other tools made available to the Client to access the services , as well as through all media profiles/pages associated with this brand.

 

1.2. Definition of terms used

Consultant – represents the company EU Shape Consulting SRL which operates for the services offered through this website under the brand name Ayurveda Resorts Sherpa, as we previously presented.

Client – ​​represents any natural person, at least 18 years of age, with full legal capacity or any legal person/entity, who requests and accepts an Ayurvedic treatment package offer made by the Consultant. By Client is also understood a legal person who requests and accepts an offer through a natural person on his behalf. Adults who authorize minors to use the website are responsible for their entire conduct on the website and for all actions minors may take.

Services – represent any services that are offered to the Client in order to purchase, for a fee, an Ayurvedic treatment package, such as: advisory services during an online meeting with the Consultant, evaluation services of treatment packages offered by partners, preparation a personalized offer of treatment, the provision of information, including pictures and video recordings, of the Ayurveda resorts evaluated by the Provider, remote assistance services in case of need, the provision of the necessary information and guidance for the Client to make the reservation related to the package of chosen treatment on the websites of the partner companies.

Contract – represents the understanding at a distance (without the simultaneous physical presence) between the Provider and the Client, regarding the sale/purchase of one or more Services on the website, through the provision of an Offer by the Provider and its acceptance by the Client, in compliance with the provisions legal and terms and conditions for online sales/e-commerce. The contract is concluded, as a rule, in English.

Appointment – represents the commitment expressed through the website by the Client to have a virtual meeting with the Provider, under the conditions provided in this document and/or agreed with the Provider through a means of remote communication.

User – any person who accesses the website.

Booking – a reservation for Ayurveda treatment in a resort, indicating the period of the treatment, the cost and the services provided by the resort.

Website – means our website www.ayurvedaresorts-sherpa.com and any section or subpage thereof.

The other terms used in this document have the meaning conferred by the applicable legal provisions.

 

2. Online sales policy

2.1. Any potential Client acting with a legitimate purpose and intending to purchase one or more Services from us, subject to these terms and conditions, is permitted access to the www.ayurvedaresorts-sherpa.com website in order to book an Appointment for a consulting session and to request an offer.

2.2. The Client declares that he/she accepts and agrees with the form of remote communication (e.g. telephone, virtual meeting or e-mail) through which we carry out our operations in the case of using the website and, as the case may be, registering an Appointment or requesting offers.

2.3. If there are errors in relation to the price or any other details of the Services and you have made an Appointment, we will inform you by email or other agreed means of communication as soon as possible in relation to such error.

2.4. When there is a promotion or campaign of any kind in progress, the Services sold under it will be subject to the terms and conditions applicable to that campaign or promotion, which we will bring to your attention.

2.5. All the promotions or campaigns presented on the website are valid for the mentioned duration, and if no duration is indicated for the promotions, they will be valid within the limits of the available places or for the duration that we consider appropriate to achieve our objectives.

2.6. We do not guarantee the availability of all Services at any time and reserve the right to discontinue any service at any time.

2.7. Any questions or concerns can be addressed with confidence to the e-mail address: emilia@ayurvedaresorts-sherpa.com and we guarantee an answer in the shortest possible time.

 

  1. Ordering services

3.1. The Client expresses his/her agreement to enter into a bilateral contractual relationship with us – the Ayurveda Resorts Sherpa team, by accepting the proposed offer, which may contain one or more treatment packages offered by our partners.

3.2. Any natural person (who has reached the age of 18) or legal entity can make an appointment for a consultation session, which will facilitate interaction with us, or can request/accept an offer.

3.3. Scheduling a consultation session does not automatically represent its confirmation, and an appointment will be considered valid and completed after going through all the steps in the Schedule a consultation session (Book Appointment) menu. By completing the Appointment, you confirm to us that all the data you have provided to us is correct, complete and true at the time of making the Appointment. Any other way of the procurement procedure will not lead to the conclusion of a valid contract, correlative, we will not have the obligation to deliver the said service.

3.4. Please note that we cannot estimate the time required to complete and provide services that require additional information from you or our partners, given that already available services (i.e. Ayurvedic treatment packages) are being customized.

3.5. The appointment will be considered accepted by us at the latest with the confirmation in electronic format. The notification received by e-mail after making the Appointment, regarding the taking over of that Appointment, has an informative role and does not represent the confirmation of the Appointment by us.

3.6. The Client undertakes not to market/resell or distribute the services and service offers availed of through the website, the Services and offers being intended for personal use.

3.7. The Client is directly and fully liable for the violation of the above provisions.

3.8. The Consultant will be able to cancel an offer placed with a simultaneous or subsequent notification (such cancellation does not incur any liability on our part) in the following cases:

  1. a) the transaction is not accepted by the bank issuing the card (the bank that issued the card does not accept the Transaction, in the case of online payment);
  2. b) the card processor with which the provider collaborates does not validate or invalidate the Transaction (for example, either because there are insufficient funds or for other reasons, according to the processor’s policy);
  3. c) the payment is not completed within the term indicated by the proforma invoice, in the case of payment by bank transfer/internet banking;
  4. d) the data provided by the User/Client when accessing the Platform are incomplete or incorrect;
  5. e) the User/Client does not confirm the offer when contacted by the Consultant for this purpose;
  6. f) The Consultant reasonably believes that by accessing the Platform and making an appointment for a consultation session, the User/Client pursues an illicit purpose or that may cause any kind of damage to the Consultant, its Affiliates or Partners;
  7. g) any of the terms and conditions in this document have not been properly respected.

 

  1. Offers, invoicing and payment

4.1 We guide you in making the booking for the selected resort. You will transfer the advance payment directly in the bank account of the resort. The advance payment may vary from 10% to 100% of the total package price, depending on the policy of the resort. The initial online consultation is non-binding, meaning that you are not obligated to book any retreat after you receive our offer.  

4.2. Ayurveda Resorts Sherpa has commission contracts with its partner resorts from India. You will not pay anything for our services.  

4.3 Each Client must respect the payment terms of the selected resort. Since we act only as consultants, Ayurveda Resorts Sherpa is not responsible for any issues concerning the terms and conditions of its partners. Some resorts require that the full payment of the package is made before arrival, others require the full payment after arrival. In any case, we will inform you about the terms and conditions of each resort before you proceed with the booking.  

4.4. The prices of services and offers communicated to the Client are confidential, expressed in EURO and include VAT according to the legislation in force, and are considered valid prices for the services communicated to the Client at the time of completing a reservation.

4.5. The resorts may update the prices of services and offers, and such update will supersede any prices previously communicated for those services and offers.

4.6. If the price is not displayed, the Client will have the opportunity to ask for an offer and an operator will communicate the price in the shortest possible time.

4.7. Payment methods for booking an Ayurvedic treatment package include payment by bank transfer, based on the invoice issued by the resort. The Client has the obligation to read and comply with the payment terms and methods of the resort where he makes the booking.

 

  1. Cancellation and refund policy

5.2. To exercise the right of withdrawal/cancellation, the Client must inform the Consultant of its decision to withdraw from this contract using an unequivocal statement sent by e-mail. The contact details of the Consultant are as follows:

Company name: EU Shape Consulting SRL

Address: Conțești no. 71, 117351 Davidești, Argeş County, Romania

Email: emilia.miloiu@eu-shape.eu

Phone: +40 738 463 222

5.3. For this purpose, the Client can use the withdrawal model attached in Appendix no. 1, but its use is not mandatory.

5.4. In order to comply with the withdrawal deadline, it is sufficient for the Client to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

  1. Obligations of the Client:
  • to provide real, correct and current information about his entity when it is requested, otherwise there is the possibility of refusing orders;
  • to accept the solution of any problems within 30 (thirty) days from the date of their notification through an e-mail addressed to the seller;
  • to accept the Consultant’s Terms and Conditions upon placing the orders and to pay for the services through the methods provided at the time of submitting the order.

 

  1. Obligations of the Consultant:
  • to make professional information about its services available to users free of charge;
  • to contact clients to confirm offers, by e-mail or telephone;
  • to use the personal data collected from clients/users in accordance with the “Privacy Policy” and “Cookies Policy” sections, which can also be found on the website of the provider’s company.

 

  1. Intellectual property right

8.1. All copyrights on the services on the website belong to the company EU Shape Consulting SRL, which operates in this sector under the trade name Ayurveda Resorts Sherpa.

8.2. The client is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any context other than the original intended by EU Shape Consulting SRL, include any content outside the package, removing the signs that signify the copyright of EU Shape Consulting SRL on the package, as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the package, except with the express written consent of EU Shape Consulting SRL, this the latter reserving the right to recover any kind of damage caused (direct, indirect, present and future) by any means provided by the legal provisions.

8.3. The client understands that there may be situations in which EU Shape Consulting SRL does not hold property rights or some intellectual, industrial or commercial property rights regarding certain files, pictures, materials, etc. published on the site, benefiting only from a right to use them, and regardless of the situation, the Client is not allowed to commercialize, redistribute or reproduce these materials, nor to decompile them or modify their structure, without the prior consent of EU Shape Consulting SRL.

 

  1. Consultant’s Liability, Limitations and Exclusions

9.1. The Consultant is not responsible in the situation where the Client provides wrong or incomplete information or data, the Client being solely responsible for the accuracy of this information, and in this sense the Client declares that he/she agrees and understands that a large part of the functions of our website are automated and the final result depends exclusively on the information he provides to the Provider or sends via electronic mail (e-mail).

9.2. The maximum liability limit of EU Shape Consulting SRL as well as its directors, administrators, employees, subcontractors and affiliates towards the Clients for damages of any nature will be the maximum amount actually paid by the Client to EU Shape Consulting SRL.

9.3. The Consultant assumes no responsibility for:

  1. a) loss of data or content, lost profits, business interruption or for any indirect, accidental, special, consequential, exceptional or punitive damages resulting from or related to the materials or services provided by EU Shape Consulting SRL, even if the Client was advised of the possibility of such damages and without prejudice to the essential purpose of any limited remedy;
  2. b) the Clients decisions as a result of the messages promoted by a partner or an affiliate or the decisions the Client makes as a result of the information he finds on the website, regardless of whether they are written or not by recognized experts in their field;
  3. c) any changes it will make regarding the provision of the Services, including a total or partial interruption of the provision of the Services (or certain functions of the Services);
  4. d) non-existence of provision or incomplete provision by the Client of information that can be verified;
  5. e) the Client’s impossibility to keep his login data (username, password or other credentials) safe and confidential.
  6. f) damage to any device or digital content belonging to the Client caused by the lack of proper implementation of the necessary safety measures, by accessing the materials and information that the Consultant delivers in the form of digital content or of any other type.
  7. g) any other additional costs will apply to the Client, including mobile phone costs (such as mobile internet costs) or internet costs in the location from which the website is accessed or other related costs.

 

  1. Acceptance of Terms and User or Client Liability

The User or Client declares that he understands and agrees that it is prohibited to use the website www.ayurvedaresorts-sherpa.com in the following ways or for the following purposes:

  1. a) in violation of the Terms and Conditions of this document;
  2. b) in violation, in any way, of the applicable legal provisions or in ways that may lead to the violation, in any way, of the applicable legal provisions;
  3. c) to disseminate false or wrong information or to propagate misinformation, incitement to hatred or the like;
  4. d) in any way acting on the account and on behalf of another person, in particular by using false names, false email addresses, false phone numbers, etc.
  5. e) to defame other people, to make insults, accusations or offensive statements about any other person;
  6. f) for the promotion or concealment of illegal or immoral activities;
  7. g) to reproduce, in any way, the website interface, in order to mislead users, clients or potential clients that we have;
  8. h) to gain unauthorized access to data that our users or clients have voluntarily provided to us;
  9. i) to introduce malicious programs or lines of code into the system;
  10. j) to request illegal information, products or services or to request information covering an illegal activity;
  11. l) to gain access to different sections or subsections of the site or to the services offered by us using illegal procedures;
  12. m) to obtain products or services for the purpose of resale (with the exception of the Policies regarding the processing of personal data generated through the TOOL).

 

  1. Notices and complaints

11.1. Users and/or Clients of www.ayurvedaresorts-sherpa.com can generally contact us by email or by phone for any concerns, problems, notifications or complaints in relation to the Services, including to identify and correct any errors that occur when entering data.

11.2. Notifications received in this way will be resolved by us within a maximum of 30 (thirty) calendar days from their receipt.

 

  1. Personal Data/Privacy Policy

By using the Platform, the Client understands and accepts to transmit personal data to the Provider, these data to be processed in accordance with and for the purposes set out in the Privacy Policy, which completes these Terms and Conditions.

 

  1. Force majeure

13.1. Neither the Consultant nor the Client is responsible for the non-execution on time and/or the improper execution, in whole or in part, of any obligation falling under this contract, if the non-execution or improper execution of the respective obligation was caused by force majeure, as defined by law.

13.2. The party invoking force majeure is obliged to notify the other party, within 15 (fifteen) calendar days, of the occurrence of the event and to take all possible measures to limit its consequences.

13.3. If, within 15 (fifteen) calendar days from its occurrence, the respective event does not cease, the parties have the right to notify the full termination of this contract, without any of them claiming damages.

 

  1. Notices

14.1. The user agrees that all communications made on the basis of this document take place by means of electronic mail to the address communicated by him on the site, agreeing that such communication is valid by the simple proof from the Consultant regarding the sending of the communication. The Consultant has the right to use other methods of transmission (by post, courier or through bailiffs) of its communications to the User.

14.2. The parties agree that all communications in connection with this Agreement shall be made to the following addresses:

  • For the User – to the e-mail address mentioned in through the Platform;
  • For the Consultant – at the following email address emilia@ayurvedaresorts-sherpa.com.

 

  1. Governing Law and Dispute Resolution

15.1. This document represents a legal contract concluded at a distance, accepted by simply ticking it and is subject to Romanian law.

15.2. If it is not possible to resolve the disputes amicably, the parties will refer to the competent courts according to the law.

 

  1. Specific clauses

16.1. Our obligation is not an obligation of result, but of diligence, which means that we will do our best to deliver the Services, but we cannot guarantee their performance, and the Client expressly agrees to this.

16.2. The Consultant does not assume responsibility for accessing the links it finds on the site and does not guarantee that the platform is free of bugs or viruses and is not responsible for any temporary, partial or total interruptions of the platform, and this does not give the right to a compensation for the Client.

16.3. The language in which the contract is concluded is English.

 

  1. Modifications/completions/updates of the document

The provider reserves the right to change the website Terms and Conditions at any time and without prior notice. By accessing the website of the provider (company), users/clients will find the latest version of the Terms and Conditions.

 

APPENDIX NO. 1

CONTRACT WITHDRAWAL FORM

 

By,

____________(the name/designation of the provider will be mentioned)_______

____________(address of the provider will be mentioned)________________

E-mail: _____(provider’s e-mail will be mentioned)_______________

Phone: ____(provider’s phone number will be mentioned)__________

 

The undersigned __________________, domiciled in _____________, identified by CI series ____, no. ____, issued on ______ by _______ and CNP ____________, hereby notify you of my/our intention to withdraw from the contract regarding the online sale of the following services: _____________(the services will be described)_______________________________________________ .

The services were ordered on __________ and received on ______________.

No. Invoice:________________________________________________

_________will state the name of the client(s)_______

________will state the address of the client(s)_______

* The signature of the client(s) is only required if the notice is sent in printed paper format.

Date __________________

 

 Would you like to work with me? If yes, remember – I am your adviser, not your doctor or travel agent. I don’t offer: medical consultations or medical advice, travel bookings and VISA arrangements, local, on-site assistance, support in case of emergency.