Overview
- Scope
- Contracting Party
- Offer
- Right of Withdrawal for Goods Delivery
- a.) Consequences of Withdrawal for Goods Delivery
- Right of Withdrawal for Services and Seminars
- 65-Euro Clause
- Prices
- Delivery
- Payment
- Offsetting
- Retention of Title
- Warranty
- Disclaimer of Liability
- Data Protection
1. Scope
These General Terms and Conditions (GTC) apply to all deliveries from “Himalaya Sherpa Herbs” to customers (as defined in Section 13 of the German Civil Code – BGB).
2. Contracting Party
The purchase contract is concluded with:
Himalaya Sherpa Herbs
Lhakpa G. Sherpa
Swoyambhu, P.O. Box 8721, Kathmandu-Nepal
You can reach us for suggestions, inquiries, information, or criticism from Monday to Friday, 10:00 AM to 5:00 PM, via:
- Phone (Germany): +49 (0) 6742-2556
- Email: himalayasherpaherbs@web.de
- Postal Address: See Section 1
3. Offer
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order. All offers are valid “while supplies last,” unless otherwise stated. Errors excepted. By clicking the “Confirm Order” button, you place a binding order for the goods in your shopping cart. The purchase contract is concluded when we accept your order by sending an order confirmation via email immediately after receipt. You will receive a copy of the order confirmation to the email address you provided.
4. Right of Withdrawal for Goods Delivery
– Withdrawal Policy –
Consumers have a right of withdrawal for 14 days.
You can revoke your contractual declaration within 14 days without stating reasons in writing (e.g., letter, email) or – if the item has been delivered before the deadline – by returning the item. The withdrawal period begins after receipt of this policy in text form, but not before the goods have arrived at the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before we have fulfilled our information obligations according to Article 246 Section 2 in conjunction with Section 1 Paragraphs 1 and 2 EGBGB, as well as our obligations under Section 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal request or return the goods in time.
The withdrawal must be sent to:
Himalaya Sherpa Herbs
Lhakpa G. Sherpa
Swoyambhu, P.O. Box 8721
Kathmandu-Nepal
Email: himalayasherpaherbs@web.de
Website: www.himalayasherpaherbs.com
5. a.) Consequences of Withdrawal for Goods Delivery
In case of an effective withdrawal, both parties must return the received services and any benefits obtained (e.g., interest). If you cannot return the received service or benefits (e.g., usage advantages) in whole, in part, or only in deteriorated condition, you must compensate us accordingly. Compensation is only required for the deterioration of the item and for derived benefits if the use or deterioration exceeds testing the item’s properties and functionality. “Testing properties and functionality” means testing and trying out the respective goods as possible and usual in a store. Returnable goods must be sent back at our risk.
End of Withdrawal Policy
6. Right of Withdrawal for Services and Seminars
– Withdrawal Policy –
You can revoke your contractual declaration within 14 days without stating reasons in writing (e.g., letter, fax, email). The withdrawal period begins after receipt of this policy in text form, but not before the contract conclusion and not before we have fulfilled our information obligations according to Article 246 Section 2 in conjunction with Section 1 Paragraphs 1 and 2 EGBGB, as well as our obligations under Section 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal request in time.
The withdrawal must be sent to:
Himalaya Sherpa Herbs
Lhakpa G. Sherpa
Swoyambhu, P.O. Box 8721
Kathmandu-Nepal
Email: himalayasherpaherbs@web.de
Website: www.himalayasherpaherbs.com
Consequences of Withdrawal
In case of an effective withdrawal, both parties must return the received services and any benefits obtained (e.g., interest). If you cannot return the received service or benefits in whole, in part, or only in deteriorated condition, you must compensate us accordingly. This may mean that you must fulfill your contractual payment obligations for the period up to the withdrawal. Payment refunds must be made within 30 days. The period begins for you with the dispatch of your withdrawal declaration, for us upon receipt.
End of Withdrawal Policy
7. 65-Euro Clause
You bear the regular return shipping costs if the delivered goods correspond to the ordered goods and the price of the returned goods does not exceed €65. If the price is higher, you must bear the costs unless you have made a contractual payment or partial payment.
8. Prices and Shipping Costs
The product prices do not include VAT, as we are classified as a small business in Nepal. All prices are exclusive of shipping costs. Additional taxes or costs may apply for shipments from Nepal to Europe and overseas.
9. Delivery and Delivery Times
Delivery is made via DHL Express Nepal or Nepalese Post. If items are temporarily unavailable, the customer will be informed about the expected delivery date.
10. Payment
Payment is made in advance, in cash in Kathmandu, or by bank transfer.
11. Offsetting
You may only offset claims if your counterclaims are legally established, undisputed, or recognized by us in writing. A right of retention can only be exercised if the claims arise from the same contractual relationship.
12. Retention of Title
The goods remain our property until full payment is received.
13. Warranty
Warranty is provided according to legal regulations. You are entitled to statutory warranty rights for defects occurring within two years from delivery.
14. Disclaimer of Liability
Himalaya Sherpa Herbs, Lhakpa G. Sherpa, assumes no liability for damages or incompatibilities, particularly allergic reactions, arising from the use of the goods unless intentional misconduct or gross negligence is proven.
15. Data Protection
We use your data only to process your order. Your data will be deleted after fulfillment of tax and commercial law requirements. We do not share your data with third parties. You have the right to request information about stored data and request correction or deletion.