HARMONELO

 

MEMBERSHIP RULES

 

Last update 11/14/2022

Content

Section 1 The Harmonelo Group and its members.. 4

1.1. Welcome to the Harmonelo group.. 4

1.2. Registration and creation of membership. 5

1.3. Position of Distributor.. 6

1.4. Sponsor. 8

Section 2 Basic rights and obligations. 9

2.1. General Membership Policy. 9

2.2. Code of Ethics.. 10

2.3. Prohibited activities. 11

Section 3 Membership. 14

3.1. Duration of membership. 14

3.2. Membership transfer. 14

3.3. Membership transition. 15

3.4. Termination of membership. 16

Section 4 Withdrawal of Products.. 17

4.1. Orders.. 17

4.2. Combined order.. 20

4.3. Automatic order.. 20

4.4. Transportation.. 20

4.5. Complaints.. 22

4.6. Storage and handling.. 23

Section 5 Promotion and Distribution.. 24

5.1. Presentation.. 24

5.2. Sale26

5.3. Advertising materials.. 26

5.4. Approved distribution.. 27

5.5. Promotion and distribution on social networks.. 28

Section 6 Legal Protection.. 30

6.1. Intellectual property. 31

6.2. Trademarks and logos.. 31

6.3. Confidential Information.. 32

Section 7 Commission System and Compensation. 32

7.1. The principle of rewards.. 32

7.2. Management of rewards and payment.. 33

Section 8 Educational and social events Harmonelo.. 34

8.1. Harmonelo Academy.. 34

8.2. Harmonelo Event. 36

8.3. Harmonelo Business Trip.. Error! The bookmark is not defined.

Section 9 Other Provisions. 39

9.1. Disputes.. 39

9.2. Legal sphere.. 39

Section 10 Definitions.. 40

 

Annex A Information on the processing of personal data

Appendix B Advertising and Promotion

Section 1 The Harmonelo Group and its members

 

1.1. Welcome to the Harmonelo group

 

1.1.1 The Harmonelo Group consists of the company HARMONELO LLC, reg. no. L19000263800, with registered office at 1666 Kennedy Causeway Suite 412, FL 33141 Notrh Bay Village, United States of America, acting through HARMONELO LLC, spin-off company, ID: 08783969, with registered office at Kulkova 4045/8, Židenice, 615 00 Brno, registered in the commercial register at Regional Court in Brno, section A, file 26741 (hereinafter referred to as " Company " or " Harmonelo ") and its registered members (hereinafter referred to as " Distributors ").

 

1.1.2 The company operates in the market of food supplements, where it sells its products and services (hereinafter referred to as " Products ") through its official distribution channels or through a network of independent Distributors. The Company's website can be accessed at www.harmonelo.com , www.harmonelo.shop , www.harmonelo.video and other relevant subdomains.

 

1.1.3 These membership rules (hereinafter referred to as the " Rules ") define, through the rights and obligations set forth herein, the contractual relationship between the Company and its independent Distributors, establish requirements for the Distributors' dealings with customers, for the Distributors' dealings with each other, and also for the Distributors' behavior towards any other to a third person.

 

1.1.4 By accepting these Rules, the Distributor confirms that he made the registration to the Harmonelo group voluntarily, thoroughly familiarized himself with the content of these Rules and all related attachments or documents, understood the meaning of the rights and obligations set forth herein, without reservations, and agrees and undertakes them unconditionally adhere to.

 

1.1.5 The Company is entitled to unilaterally change, modify or expand these Rules, as well as all related annexes and documents. All such changes, modifications or extensions will be announced at least 7 days before they become effective through one of the Company's officially used communication channels (especially newsletters, Harmonelo office, SMS, e-mails, applications, etc.). In the event that the Distributor continues to cooperate with the Company after the effective date of these changes (buying Products, using benefits, receiving commissions, etc.), it is considered that he agrees with the changes, modifications or expansion of the conditions without reservation and has accepted them without any objection. If the Distributor does not agree to the changes, modifications or expansion of the terms, he is entitled to reject them and terminate the contractual relationship with the Company without notice,

 

1.1.6 The Company is entitled to unilaterally assign the contractual relationship with the Distributor, as well as all related rights and obligations, both existing or future, to any third party. By accepting these Rules, the Distributor grants explicit consent to the Company for this action. The fact that there has been an assignment of the contractual relationship will be notified to the Distributors through one of the Company's officially used communication channels or by an appropriate change to these Rules, by accepting which the Distributor acknowledges the assignment of the contractual relationship.

 

1.2. Registration and creation of membership

 

1.2.1 You can become a member of the Harmonelo group

  • a natural person who is fully autonomous (attainment of 18 years of age), or
  • an entrepreneurial legal entity, represented by a fully autonomous natural person,

who properly fills out the Company's electronic registration form and expresses consent to these Rules, including all related attachments and documents.

 

1.2.2 A person who is interested in becoming a member of the Harmonelo group is obliged to properly fill in the ID number of the sponsor to whose structure they will belong in the electronic registration form.

 

1.2.3 These Rules may establish additional conditions and restrictions for membership in the Harmonelo group. In the event that the person applying for membership does not meet the specified conditions or another obstacle prevents the establishment of membership, the Company decides to accept the registration of this person. The Company reserves the right to refuse to accept registration into the Company's system for any reason.

 

1.2.4 In case of successful completion of registration in the Company's system, a confirmation of receipt of registration is sent to each Distributor's e-mail address together with login details for his newly created account in the system on the Company's web interface (hereinafter referred to as " Account "). Distributors are advised to change their access password as soon as possible after logging in to ensure the security of their data and information in their Account.

 

1.2.5 Acceptance of registration in the Company's system creates membership, i.e. a contractual relationship between the Company and this registered member - Distributor. This contractual relationship is fully governed by these Rules, including all related attachments and documents.

 

1.2.6 Each newly registered Distributor is assigned a unique ID number (hereinafter referred to as " ID "). This ID is used by each Distributor to identify himself, communicate with the Company and other Distributors, and through it, the Distributor is enabled to log into and manage his Account.

 

1.2.7 Each Distributor is obliged to fill in valid and true personal data, delivery address and billing data in the Account settings. Each billing address can only be listed once in the Company's system. It is strictly forbidden to provide the same billing address for multiple IDs. 

 

 

1.2.8 Membership in the Harmonelo group is personal and cannot be transferred without the express consent of the Company (the terms of transfer and transfer of membership are governed by Articles 3.2 and 3.3 of the Membership Rules). The Distributor undertakes to use the Account exclusively under his personally assigned ID, which he is not authorized to transfer or make available to another person. The Company is not responsible for damage incurred by the Distributor in connection with the unauthorized transfer or disclosure of his Account to other persons.

 

1.2.9 In the event that missing, incomplete, incorrect or fraudulent information is additionally found in the registration form, or it is found that it is a duplicate registration of the same person, the Company is entitled to cancel such registration, the created Account and the assigned ID at any time without compensation .

 

1.2.10 Each Distributor may be assigned only one ID. These Rules may provide for exceptions that temporarily allow a Distributor to be assigned multiple IDs. In the case of unauthorized possession of multiple IDs, the Company is entitled to cancel each duplicate registration and associated Account and assigned ID at any time without compensation and retain only the first registration, associated Account and Distributor ID, unless the Company decides otherwise.

 

1.2.11 Each Distributor is obliged to inform the Company of a change in his/her personal or contact information by saving changes to this information in the "Settings" section of his/her Account.

 

1.2.12 By completing the registration, the Distributor voluntarily provides the Company with his personal and contact information required during registration for the purpose of concluding a contractual relationship with the Company, properly fulfilling the rights and obligations arising from this relationship, fulfilling legal obligations and protecting the rights and legitimate interests of the Company. Personal data is information leading to the identification of an individual (e.g. first and last name, permanent residence, telephone contact, e-mail address, etc.). With the consent of the Distributor, the Company also processes personal data for marketing and other purposes. More detailed information on the processing of personal data is provided in the appendix to these Rules. The company fully respects the privacy of each Distributor and is also aware of its responsibility related to the processing of personal data.

 

1.3. Distributor position

 

1.3.1 The Distributor is an independent business partner of the Company and membership in the Harmonelo group does not create an employment relationship, agency or any other legal relationship between the Company and the Distributor. The Distributor is also not a sales representative of the Company and therefore does not have the right to any compensation, special remuneration or compensation for the created clientele or the built structure of Distributors, etc. in the event of termination of membership.

 

1.3.2 The Distributor is not authorized to legally act on behalf of the Company, represent it, bind it to any performance, make statements on its behalf or provide any guarantees on its behalf, unless authorized to do so by the Company by a special power of attorney. In particular, the Distributor is not authorized to enter into any contracts on behalf of the Company, accept claims or payments.

 

1.3.3 The main purpose of the contractual relationship between the Company and the Distributor is to mediate the sale of Products to third parties and to develop activities aimed at expanding the Company's business network. At the same time, the Distributor is authorized to purchase Products for his own consumption for this purpose. The Distributor is not authorized to resell the Products commercially. The distributor performs this activity on his own behalf and under his own responsibility. The distributor is obliged to secure all relevant permits and authorizations for the performance of his activities, if they are required.

 

1.3.4 The Distributor can start enjoying the benefits of the Company's compensation plan, which is available in the Harmonelo office, only after paying the price of one of the starter packages or placing the first order at the point value determined by the marketing career chart. Through this procedure, the Distributor acquires the status of a business partner of the Company and is granted access to the necessary sections of the Account (Harmonelo office, storage, customer interface, etc.), where he can change his personal data, manage the Account, monitor and control all activities and enjoy available benefits.

 

1.3.5 In the event that the Distributor decides to carry out activities in accordance with these Rules in markets or countries where the Company does not yet officially operate, he is obliged to make sure in advance that this activity is permitted in the given location and he is also obliged to comply with the given rules for labeling The product and its claims. The Company is not responsible for the actions of the Distributor, which are in conflict with the legal regulations of the given area.

 

1.3.6 In cooperation with the Company, the Distributor is entitled to carry out business activities for the purpose of achieving profit. In the event that a reward, commission or any other performance is paid to the Distributor in connection with the membership of the Harmonelo group, the Distributor is obliged to properly declare this income and pay all relevant taxes, fees, insurance premiums and other mandatory payments. The Distributor is obliged to provide the Company with its tax identification number at its request.

 

1.3.7 The Distributor authorizes the Company to issue tax documents (invoices) for services provided to the Company according to the Company's compensation plan. If the law requires, in the case of a Distributor who is a value added tax payer, the granting of a power of attorney in another prescribed form, such Distributor is obliged to deliver the power of attorney in the prescribed form to the Company. The Distributor is obliged to accept the Company's assigned accounting series and the prescribed variable symbol. The Distributor is not authorized to make changes to the amounts shown on these invoices. All invoices are issued in electronic form.

 

1.3.8 The Distributor is obliged to keep proper accounting records and keep accounting and tax documents for the period required by applicable legal regulations in the case of conducting business activities.

 

1.3.9 The Company does not guarantee territorial exclusivity to any Distributor. The Distributor is also not entitled to offer such exclusivity to new Distributors. Equal conditions apply to all Distributors without distinction, thus ensuring a healthy competitive environment.

 

1.4. Sponsor

 

1.4.1 A Distributor becomes a sponsor at the moment when the registration of a new Distributor who entered his ID as his sponsor in the registration form is completed.

 

1.4.2 Each newly registered Distributor has the right to choose his sponsor, to whose structure he will belong, with regard to the generally known ethics in the field of MLM business.

 

1.4.3 A distributor who brings a new person to the Harmonelo group is obliged to verify that this person fills in the correct ID of their sponsor in the electronic registration form. In the event that an ID other than the selected sponsor is entered incorrectly, this process may be irreversible due to the subsequent drawing of commissions and other benefits in the Harmonelo system. However, the company is entitled in exceptional cases to make a change or assign a different sponsor.

 

1.4.4 Each Distributor is obliged to follow his upline, lead by example and support his downline group within the sponsor's activities, whose members he continuously trains, motivates, educates, communicates with them, organizes support meetings for them, evaluates their activities in the Harmonelo group, solves potential disputes and provides them with positively complete and true information about the Products, the Company, the opportunities in the Harmonelo Group, the compensation plan and the work system.

 

1.4.5 In the event that a Distributor in the position of a sponsor does not know how to proceed correctly in a specific case, or does not yet have enough experience in any activity, he will contact his upline with a question about the correct procedure and, in serious cases, directly to the Company, which is discussing serious issues at the level of the Harmonelo leaders' meeting. The distributor can submit questions, suggestions or proposals to improve the activities of the Harmonelo group to the Harmonelo leaders' council.

 

1.4.6 The distributor in the position of sponsor resolves any disputes between members of his downline group promptly, positively and on a friendly level. The sponsor also monitors compliance with the principles and principles of these Rules for all members of its downline group to the best of its ability. In the event that the sponsor is unable to resolve the dispute within his competence, he will turn to his upline and, in serious cases, directly to the Company, which will provide all available and true information and documents leading to a successful resolution of the dispute. Sponsors in middle and higher career positions are role models and lead by example for new or less experienced Distributors, especially in these crisis situations.

 

1.4.7 Each Distributor chooses his sponsor already before becoming a member as part of the registration in the Company's system. A subsequent change of sponsor after completing registration in the Company's system is not possible by default. However, the company is entitled in exceptional cases to make a change or to assign a different sponsor to the Distributor, as long as this does not affect the rights of other Distributors registered in the Harmonelo group network in the line of this Distributor above or below him. In particular, such an exceptional case can be:

  • a situation where misuse of data led to indirect registration,
  • a situation where an incorrect ID of the selected sponsor was entered due to an obvious typing error,
  • a situation where there is agreement on the change of sponsor between the current and the intended upline,
  • a situation where the Distributor has not yet become a sponsor himself.

 

1.4.8 The request to change the sponsor must be duly justified and delivered to the Company at the e-mail address support@harmonelo.com together with the consent of the original and new sponsor, to whose structure the Distributor will belong. The company will decide on such a request according to ethics in the field of MLM business after the recommendation of the Harmonelo leaders' meeting, this decision is final. However, the company is not obliged to comply with such a request. A distributor applying for a change of sponsor is required to provide only complete, true and undistorted information in the application, otherwise he commits an offense against the code of ethics.

 

 

Section 2 Basic rights and obligations

 

2.1. General Membership Policy

 

2.1.1 The Harmonelo Group was established for the purpose of selling the Company's Products, supporting the physical and mental health of the company and providing an interesting business opportunity for all Distributors.

 

2.1.2 The Company supports the business activities of Distributors and trains them in the area of ​​mediating the sale of Products and offering business opportunities in the Harmonelo group. The Distributor acknowledges that in order to develop the business of the Company and the Distributors, it is necessary to ensure the continuous expansion of the Harmonelo group with additional new Distributors.

 

2.1.3 The Distributor has the right, under the specified conditions, to purchase Products at more favorable prices; mediate the sale of Products to third parties and expand the Harmonelo group with newly registered Distributors; participate in the Company's compensation plan and receive commissions and draw other benefits upon meeting the specified conditions; to sponsor newly registered Distributors, by which he expanded the Harmonelo group; receive regular literature or newsletters from the Harmonelo group; participate in support, services, training and participate in promotional contests and programs related to the Harmonelo Group.

 

2.1.4 The amount of financial remuneration and rewards associated with the Distributor's participation in the Harmonelo group depends primarily on the work performed by each individual, his personal turnover and the turnover of his group. These Rules and the Company's compensation plan may condition the Distributor's entitlement to the payment of financial performance upon the fulfillment of other requirements for the Distributor's activity.

 

2.1.5 The Distributor is obliged in all cases where his behavior and actions can be associated with the Harmonelo group, to act professionally, to comply with all rights and obligations arising from these Rules, related annexes and documents, to follow the code of ethics and not to damage the good name and reputation Companies.

 

 

2.2. Code of Ethics

 

2.2.1 The Distributor undertakes to comply with the relevant ethical, professional and moral standards that are necessary to create and deepen good interpersonal relationships.

 

2.2.2 The Distributor is also obliged in particular to:

  • be honest, fair and just in your dealings,
  • actively participate in building and maintaining a network of Distributors and a customer base,
  • to be loyal and to build the good reputation and name of the Harmonelo Group, the Company and the Products,
  • be polite and show respect to every person with whom you come into contact in connection with being a member of the Harmonelo group,
  • not to harass potential new members of the Harmonelo group or customers with their actions and not exert undue pressure on them,
  • not to undercut Products to potential customers solely for the purpose of own profit, regardless of the suitability of such Product for the customer,
  • to fulfill as a sponsor its obligations towards the Distributors registered in the Harmonelo group network under it, to support them, to communicate with them and to carry out ongoing training,
  • not to recommend or suggest to other Harmonelo Group Distributors the transition or participation in any other network marketing project, even indirectly,
  • in the case of reaching the "Diamond" position, not to appear publicly in any other MLM or competing project,
  • not to abuse the contacts obtained in connection with membership in the Harmonelo group to distribute products other than Harmonelo Products,
  • not to use deceptive or unfair business practices in their activities and not to provide false information about the Products or participation in the Harmonelo group and remuneration,
  • use only approved Company materials when presenting the Company's compensation plan,
  • properly fulfill all legal and tax obligations that arise in connection with his membership in the Harmonelo group,
  • not to misuse information received from customers for the purpose of sending unsolicited commercial messages,
  • recommend to a person known to him that he may have health complications to consult a doctor before using the Products,
  • actively resolve all complaints or misunderstandings with customers and, in justified cases, request the Company's opinion on this,
  • not appear publicly as an employee or partner of the Company,
  • not to demand unauthorized return of purchased Products,
  • not to promise, guarantee or otherwise guarantee easy, fast or astronomical earnings in the Harmonelo group or the miraculous effects of the Products,
  • to comply with all legal regulations regarding his activities within the Harmonelo group.

 

2.3. Prohibited activities

 

2.3.1 Indirect Registration

The distributor is not authorized to register persons to the Harmonelo group without their knowledge or to register non-existent or fictitious persons. Any misuse of personal or contact data of third parties for the purpose of indirect registration is strictly prohibited.

 

2.3.2 Deliberately excessive purchases

The system of purchase of Products by Distributors is set up in such a way that it assumes the purchase of Products only for the Distributor's and his immediate family's own consumption, the previous consumption of a larger part of the previously purchased Products and does not count on excessive purchases by Distributors into a disproportionate stock. The Distributor is therefore not authorized to place systematically oversized orders for Products or to purchase Products in a disproportionate supply in order to draw a higher commission or other financial performance. The company does not recommend indebtedness to the Distributor for the purpose of developing his activities in the Harmonelo group.

 

2.3.3 Prohibited Recruitment

The Distributor is not entitled to directly or indirectly offer other Distributors of the Harmonelo Group or to encourage them to cooperate in any competitive activities with respect to the activities of the Harmonelo Group, to switch to such other competitive activities or to terminate membership in the Harmonelo Group.

 

2.3.4 Unauthorized Cooperation

The Distributor is not entitled in any way to use the database of Harmonelo Group Distributors or cooperating persons for his own profit or for the benefit of a third party, or to provide it to any third party. It is primarily prohibited to use contacts obtained in connection with activities in the Harmonelo group to present any programs, opportunities, products or services other than the Products and opportunities of the Harmonelo group or the Company; to establish, through these contacts, business relationships not related to the activities of the Harmonelo group or to profit in any other way from the contacts and network of the Harmonelo group in the sense of building business profit outside the Company.

 

2.3.5 Unauthorized Sponsorship

The system of the Harmonelo group allows taking over the sponsorship of a Distributor who is already registered in the network of the Harmonelo group in the structure of another sponsor only with the express consent of the original sponsor and the new sponsor. If the original (direct) sponsor agrees to the transfer of the Distributor to another sponsor, this process is irreversible and it is not possible for this Distributor to belong to the structure of the original sponsor again in the future. Distributors are therefore prohibited from knowingly registering another already registered Distributor into their structure or even attempting to do so. Distributors are also prohibited from knowingly registering persons for whom 1 year has not yet passed since the termination of their previous membership in the Harmonelo group.

 

2.3.6 Unauthorized Transactions

The Distributor is not authorized to contact suppliers or other business partners of the Company without the prior written consent of the Company, especially, but not exclusively, for the purpose of establishing business cooperation outside the Harmonelo group. Distributors are prohibited from conducting transactions with each other with Products or with other products and services traded within the Harmonelo group.

 

2.3.7 Prohibited Distribution

The Distributor is not authorized to mediate the sale of Products using other than the Company's official distribution channels (through the Distributor's subdomain or by registering a new member in the Harmonelo group). This prohibition applies in particular to further commercial resale of Products through the Distributor's own distribution channels or another person with direct or indirect participation or influence of the Distributor on its decisions or activities (e.g. websites, e-shops, Facebook, Instagram, etc.).

 

2.3.8 Promotional Materials

The Company is the exclusive originator of all marketing, advertising and graphic materials, photographs, documents, newsletters, as well as other communication tools related to the Products or the Harmonelo group. The Distributor is not authorized to use other promotional materials or to procure his own for the promotion of the Products or his activities in the Harmonelo group without the prior written consent of the Company.

 

2.3.9 Dissemination of false or misleading information

Distributors are prohibited from spreading false, misleading or otherwise purposefully distorted information about the Products, the Company, participation, remuneration and opportunities in the Harmonelo Group, regardless of the method of dissemination of such information and the medium used. If it is proven that the Distributor knowingly lies, in particular that he modifies information or falsifies documents, this behavior will be considered a serious violation of the Rules. The Company may terminate such Distributor's membership immediately without notice.

 

2.3.10 Unauthorized use of the "Harmonelo" designation

The Distributor is not authorized to use the designation "Harmonelo" on any URL address, email address or profile name, different from the official channels of the Company, and also in any word connection with another designation.

 

2.3.11 No Exclusive Territory

There is no reserved area or territory for the activities of the Distributor. The distributor is therefore not entitled to state or claim that it has exclusivity for its activity in a certain territory.

 

2.3.12 Systematic elimination of competition

The Company does not approve of the Distributor, with the intention of building his own downline group, systematically targeting members of another company using the network marketing method and for this purpose encouraging them to violate the terms of cooperation with this company. The Company is not responsible for such actions of the Distributor.

 

2.3.13 Approval of Prohibited Conduct

Any Distributor who witnesses a deliberate violation of these Rules is obliged to report this fact to his sponsor and, if this is not possible, to the Company directly. Approval of intentional violations of these Rules is prohibited.

 

2.3.14 Providing and spreading false information

Any action by the Distributor leading to a reduction of trust in the Company's management, in particular the provision or dissemination of false information or the dissemination of false hoaxes (e.g. on Telegram) is considered a violation of the Rules with all the consequences thereof. A Distributor who commits the described behavior may have his membership terminated by the Company immediately, even without prior notice.

 

2.3.15 Promotion of competition

In the interests of loyalty, building the good reputation and name of the Harmonelo group, the Company and the Products, the Distributor is not authorized to speak publicly in favor of another MLM or other competing project, or otherwise actively support this competition, especially in the case of achieving the "Diamond" position in the Harmonelo group.

 

 

Section 3 Membership

 

3.1. Duration of membership

 

3.1.1 Membership in the Harmonelo group lasts until one of the facts occurs, as a result of which the membership changes or ceases.

 

3.1.2 If the Distributor's membership in the Harmonelo group has been terminated, this person may re-register in the Company's system only after the waiting period has expired, which is 1 year from the termination of the previous membership in the Harmonelo group.

 

3.1.3 In the event that the first purchase does not take place with the newly registered Distributor, this Distributor may be re-registered by a new sponsor, even without the consent of the original (direct) sponsor. Registration without a purchase is considered an incomplete registration, which does not bind the member to the first sponsor and their registration.

 

3.1.4 A member of the statutory body of a legal entity who is already a registered Distributor cannot be a Distributor at the same time. On the other hand, a legal entity whose member of the statutory body is already a registered Distributor cannot become a Distributor. Any such or similar chaining of distributors is not permitted and will be considered a duplicate registration, which the Company is entitled to cancel along with the created Account and assigned ID at any time without compensation.

 

3.1.5 It is strictly forbidden to enter the same billing information for multiple Accounts. In the event that the Company discovers such conduct, it is entitled to cancel all Accounts with assigned IDs that contain the same billing information, at any time and without compensation.

 

3.1.6 The Distributor acknowledges that all Distributors who are registered in the Company's system in a line below him have a separate contractual relationship with the Company, just like himself, and are thus not bound by the duration of his membership in the Harmonelo group. The entire membership network of Distributors is built primarily in the interest and benefit of the Company, which bears witness to all rights to the database of its Distributors and the entire structure of the Harmonelo group. The distributor is not entitled to make any claims on this database or structure.

 

3.2. Membership transfer

 

3.2.1 Any change in the Distributor's membership consisting in the sale, transfer or transfer of membership to another person is subject to the prior consent of the Company. The request for consent to the transfer of membership must be sent to the Company by one of the methods proving the Distributor's identity, i.e. by mailbox, in person, in writing or by email with a guaranteed electronic signature to the email address support@harmonelo.com .

 

3.2.2 The Companies will assess each case of such membership changes individually, always with regard to the rights of the Company and other Harmonelo Group Distributors.  However, the company is not obliged to comply with the request.

 

3.2.3 The company most often accepts reasons for transferring membership, such as divorce, long-term illness, marriage, etc. A Distributor who requests consent to transfer membership is obliged to properly justify the request and substantiate it with relevant documents and the consent of the new Distributor.

 

3.2.4 All rights and obligations resulting from the contractual relationship with the Company are transferred upon the effectiveness of the transfer of membership to a third party, who becomes a proper Distributor upon acceptance of the change by the Company. The existing Account and assigned ID of the current Distributor are transferred to the new Distributor. The new Distributor must meet the requirements for becoming a member of the Harmonelo group and must accept these Rules, including the related attachments and documents.

 

3.2.5 In the case of the transformation of the Distributor – a legal entity, as a result of which the existing legal entity is divided or its assets, property or parts thereof are transferred to several entities, the regulation in the transformation project is decisive for determining the transfer of membership. In case of doubt, the Company continues and recognizes as a Distributor a person who has the same ID number as the current Distributor. It is not allowed to divide or multiply one ID to several people.

 

3.2.6 The fact that the membership has been transferred does not affect the individual links in the structure of the transferred ID and does not result in a different arrangement of the Distributor network.

 

3.3. Membership transition

 

3.3.1 In the event of the death or dissolution of the Distributor, the membership passes to the legal successor, if this person meets the requirements for becoming a member of the Harmonelo group. No one is entitled to exercise the membership rights of a deceased or defunct Distributor until the legal effect of the decision on the estate or until the effective registration of the succession of the legal entity in the commercial or other similar public register.

 

3.3.2 The heir or legal successor of the Distributor is obliged to prove the legal succession to the Company with appropriate documents and to fill in the registration form with the required information. However, this person only becomes a distributor upon acceptance of these Rules, related annexes and documents.

 

3.3.3 In the event that the legal successor is already a Distributor registered in the Harmonelo group, he is exceptionally allowed to hold more than one ID.

 

3.3.4 The legal successor is entitled to the payment of commissions or other benefits of the defunct Distributor, provided that the transition has been successfully completed in the Company's system and the new Distributor is able to meet the requirements specified in the Company's compensation plan.

 

3.3.5 If there are more legal successors, they are obliged to appoint a representative among themselves who will become the Distributor. The Company will continue to deal legally only with and towards this person. It is not allowed to divide or multiply one ID to several people.

 

3.4. Termination of membership

 

3.4.1 Insufficient Activity

In the event that the Distributor does not make any purchase of the Company's Products or services for a period longer than 24 consecutive months, nor does the registration of a new Distributor by entering his ID as a sponsor occur during this period, the Company is entitled to unilaterally terminate his membership in the Harmonelo group. If this person is interested in becoming a Distributor again after termination of membership, he must complete a new registration in the Company's system (after the waiting period, see Article 3.1.2 of the Rules).

 

3.4.2 Voluntary Termination by Distributor

Membership in the Harmonelo group is voluntary. Each distributor is entitled to terminate membership at any time without notice. The termination must be delivered to the Company by one of the methods proving the Distributor's identity, i.e. by mailbox, in person, in writing or by email with a guaranteed electronic signature to the email address support@harmonelo.com . The Distributor's membership is terminated on the date of delivery of the notice to the Company.

 

3.4.3 Termination of membership by the Company

In the event that the Distributor violates any obligation arising from these Rules, related annexes or documents, even individually or individually, regardless of the seriousness of such violation, the Company is entitled, without any prior notification or warning to the Distributor, to immediately terminate the membership of the Harmonelo group without notice times. The Company sends the notice together with information about the cancellation of the Distributor's registration in the Company's system to the e-mail address of the Distributor and his sponsor (the Distributor who is closest above him in his sponsorship line). In this case, the Distributor's membership is terminated as of the date of sending this message.

 

3.4.4 Transition Period

If the Company discovers or suspects that the Distributor has violated the obligations arising from these Rules, related annexes or documents, but the Company has not yet taken a decision on whether to terminate the membership of this Distributor, the Company is entitled until the adoption of this decision, but no longer than 2 months, limit or completely deny this Distributor access to his Account. During this transitional period, the payment of commissions or any other financial payments to the Distributor is also suspended. In the event that the Company subsequently decides to continue the membership of this Distributor, it will restore access to the Account and the Distributor will be entitled to payment of suspended commissions and other payments. However, if the Company decides to terminate the membership of this Distributor, The Distributor's account will be canceled without making it available again, and the Distributor will not be entitled to payment of suspended commissions or further performance. The Company will send the notification that access to the Account has been restricted or blocked and the payment of commissions has been suspended, as well as the Company's decision on the Distributor's continued continuation.

 

3.4.5 Settlement of Lapsed Membership

In the event that the Distributor's membership is terminated, the Company will cancel the Distributor's registration, the Account associated with it and his ID. On the day of termination of membership, all rights, claims or other benefits of the Distributor that are associated with membership in the Harmonelo group, in particular the right to payment of commissions or other financial payments, cease. In the event of termination of membership, the Distributor is not entitled to any compensation, special remuneration or compensation for the created clientele or the built structure of the Distributors.

 

3.4.6 Re-registration after termination of membership due to breach of duty

A Distributor whose membership has been terminated by the Company for breach of duty pursuant to clause 3.4.3 of these Rules may re-register in the Company's system only if the Company grants him consent for re-registration, after the expiry of the waiting period.

 

3.4.7 Internal blacklist

The Company maintains a so-called internal blacklist for its Distributors, which is a nominal list of Distributors with whom the Company has terminated their membership by termination for breach of duty pursuant to clause 3.4.3 of these Rules. The Distributor acknowledges that in the event of termination of his membership in the Harmonelo Group in the manner envisaged, he may be included in this list. In order to protect the Company, an internal blacklist is available for Distributors with an active ID.

 

 

Section 4 Removal of Products

 

4.1. Orders

 

4.1.1 The Distributor is entitled to purchase Products for own consumption at discounted prices. The company is entitled to unilaterally change the prices of individual Products at any time without any prior notice. Any change in the price of the Products is immediately effective from the moment the change is reflected in the relevant distribution channel of the Company. In the event that the price of the Product is listed in an obviously incorrect manner, the Company is entitled to cancel the orders made containing such an incorrect Product price at any time, regardless of the payment of the order.

 

4.1.2 The Distributor orders Products only online through the Company's official e-shop, after logging in to his Account in the system on the Company's web interface. Orders can be placed at any time outside of lockouts or scheduled updates.

 

4.1.3 Each purchased Product has its own point value (PV), which is intended for calculating the amount of commissions and other rewards, under the conditions resulting from the Company's compensation plan. The Company is entitled to unilaterally change the point value of the Products at any time without any prior notice.

 

4.1.4 In the event that full payment is not made within 10 days from the date of sending the order, this order is automatically canceled and removed from the system, with the exception of cash on delivery or so-called deferred orders. Postponed order means the dispatch of the Product according to the paid order or cash on delivery order with a shifted date from the shipment. The standard deadline for sending the ordered Products is 5 working days from the date of payment of the price of the entered order or from the date of confirmation of the order by the Company in the case of cash on delivery payment.

 

4.1.5 In the event that when placing an order for a Product, the Distributor does not provide all the information necessary for its processing, the ordered Products are not currently in stock, or another fact occurs that prevents the proper processing of the order, the Company is entitled to delay the order or not to process it, until removal of such an obstacle. The company deals with such situations individually according to the circumstances of the given case. If an obstacle to the fulfillment of the order is a fact for which the Distributor is responsible and the latter does not remove it even after prior notification by the Company, the Company is entitled to bill the Distributor for the increased costs of fulfilling such an order.

 

4.1.6 Ownership of the ordered Product is transferred to the Distributor upon its acceptance after full payment of its price. Payment of the price of the entered order can be made by bank card or transfer, or it is possible to enter payment for the order by cash on delivery. In the case of entering a payment by bank transfer with an incorrect payment designation, as a result of which the payment will not be matched with the Product order, the Company will return the received payment back to the account of the sender of this payment. In case of error when entering the payment, it is possible to contact the Company at the e-mail address support@harmonelo.com

 

4.1.7 Before placing the next order, the Distributor undertakes to consume at least 70% of the previously ordered Products and to order additional Products in an amount commensurate with their planned consumption in order to avoid excessive purchases.

 

4.1.8 Products, including their price, are only available for the time they are displayed on the web interface of the Company's e-shop. In the event that the ordered Product is no longer available or is not being delivered or manufactured, the Company will immediately contact the Distributor in order to arrange the next procedure. In such a case, the company is also entitled to refuse or cancel the order.

 

4.1.9 Before sending the order, the Distributor is allowed to check and confirm the data he entered in the order. The distributor can cancel the order from the moment the order is sent until the completion of the order, by phone or email. This does not affect the Company's right to reimbursement of purposefully incurred costs.

 

4.1.10 In the case of the purchase of an individualized product, by sending the order, the distributor expresses his consent to the provision of personal data and their subsequent processing by the Company for the purpose of creating and archiving anonymous data records from information obtained by testing and analyzing the intestinal microbiome and from survey questionnaires excluding sensitive personal information (names, dates of birth, residence) that would make the data personally identifiable. The distributor acknowledges that this anonymized data will be used for statistical data analysis, further research and publication of research results on the microbiome and influencing the microbiome by probiotic supplementation (especially at conferences, lectures, interviews, websites, TV shows, magazines, etc.). At the same time, the Distributor agrees to participate in the Company's research and accepts all the Company's conditions regarding the isolation, archiving and analysis of bacterial DNA from the intestinal microbiome. The Company will use the distributor's anonymized data for the purpose of processing research studies.

 

4.1.11 When entering an incorrect ID for a sent order, the Distributor may request correction and correction of commissions or other rewards associated with the sent order only on the same calendar day when the order was sent, i.e. by 24:00 of the same calendar day.

 

4.1.12 When placing orders, the Distributor can apply discounts through his PV points from the points wallet. He can apply this discount only if the balance of his bank wallet is higher than the limit for the payment of commission or rewards.

 

4.1.13 The distributor acknowledges that he is not entitled to withdraw from the contract in the case of goods that have been modified according to his wishes or were prepared only for him (individualized Harmonelo products).

 

4.2. Combined order

 

4.2.1 The company provides the option of entering a so-called combined order. This option entitles the sponsor to place an order under his name for multiple Distributors in his downline group.

 

4.2.2 All Products ordered as part of a combined order will be delivered to a common address, however points (PV) for the Products collected will be assigned to each Distributor separately.

 

4.2.3 In the event that the Distributor does not want his sponsor to be able to place a combined order in his case, he must indicate in the Harmonelo office settings of his Account that he does not agree to the sponsor being able to place a combined order under his ID.

 

4.3. Automatic order

 

4.3.1 The Distributor can also use the option of the so-called automatic order for taking the Products, which enables automatic repetition of the entered order at selected time intervals. This option is particularly suitable for Distributors who are interested in regular replenishment of Products for personal consumption.

 

4.3.2 Payment for each automatic order will be debited from the bank card or from the bank account of the Distributor, according to the specified choice, before dispatch of the ordered Products.

 

4.3.3 If it is not possible to make a payment for an automatic order (for example, due to an insufficient balance on the distributor's bank card or bank account) or if the payment is refused, the ordered Products will not be sent. The Company will inform the Distributor about this fact.

 

4.3.4 In the event that an automatic order cannot be made, the Company is entitled to change the payment method to another option added by the Distributor when placing an automatic order, in the order specified by the Distributor.

 

4.3.5 The Distributor is entitled to cancel the automatic order at any time through a change in the Product order settings.

 

4.4. Transport

 

4.4.1 When placing an order, the Distributor will state the delivery address and specify the shipping option. The price of the selected transport will be added to the price of the ordered Products, if the personal collection option is not selected.

 

4.4.2 In the event that the Distributor does not properly take over the ordered Products from the carrier, he bears the costs of re-delivering such a shipment, or The company is entitled to bill these costs to the Distributor.

 

4.4.3 Personal collection of ordered Products is possible only after full payment of their price, during delivery hours MON-TH from 13:00 to 16:00 and FRI from 11:00 to 14:00 at the Company's delivery warehouse at Kulkova 8 , Brno. In the event of an emergency, it is possible to pick up the Products individually by prior arrangement on the phone number +420 770 183 669. The ordered Products will be issued for personal collection only to the Distributor who placed the order or to a person designated by him. Personal collection of the Products must be carried out no later than 15 days after the payment has been made, the Company is entitled to charge a storage fee of CZK 50 for each additional day of storage and release the Products only after payment of these storage costs.

 

4.4.4. In the event that the ordered Products are not picked up according to Article 4.4.3 of the Rules within 30 days of making the payment, the Company is entitled to withdraw from the contract that was created based on the order of the Products in question, about which the Distributor will be informed in writing to the e-mail address specified in the order. The Company is subsequently entitled to set off a claim representing unpaid storage fees according to Article 4.4.3 of the Rules for the amount paid by the Distributor for the ordered Products. Any overpayment The Company will refer to the bank account from which the Distributor's original payment was made, no later than 7 days after withdrawal from the contract.

 

4.4.5 The Company is not responsible for the delivery of the ordered Products in the event of entering an incorrect delivery address. In the event that it is not possible to deliver the ordered Products to the delivery address specified by the Distributor and the shipment is returned, the Company is entitled to withdraw from the contract that arose on the basis of the order for the Products in question, which the Distributor will be informed of in writing to the e-mail address specified in the order.

 

4.4.6 The distributor is obliged to report damaged shipments, missing or unordered items no later than 5 working days from the date of delivery of the shipment.

 

4.4.7 The distributor acknowledges that the shipping price does not include additional fees, customs duties, taxes or other mandatory payments when the shipment is delivered abroad. The amount of these costs is individually regulated by the laws of the country to which the shipment is delivered. These costs are always borne entirely by the Distributor who placed the order.

 

4.4.8 The risk of damage to the goods passes to the Distributor at the moment of its acceptance by the Distributor, or his representative. From this moment on, the Distributor is obliged to secure the delivered goods against damage or theft.

 

4.4.9 In case of problems with the delivery of the ordered Products, it is possible to contact the Company at the e-mail address support@harmonelo.com

 

4.5. Complaint

 

4.5.1 The Company is responsible to the Distributor for ensuring that the Product is free of defects upon receipt. This means that the Product has the quality and useful properties required by the contract or described by the Company, or expected on the basis of the advertising carried out by the Company, or the quality and useful properties for a product or service of this kind are usual, that it meets the requirements of legal regulations, is in the corresponding amount, measure or weight and corresponds to the purpose that the Company states for the use of the Product or for which such product or service is usually used.

 

4.5.2 The Distributor is obliged to inspect the delivered Product as soon as possible after taking it over (no later than 24 hours after taking it over) and make sure of its properties and quantity. The Distributor is obliged to report any obvious defect without undue delay (no later than 24 hours after taking over the goods), otherwise the Company's responsibility for obvious defects ceases.

 

4.5.3 The distributor does not have the right from defective performance, if the defect in the Product was already apparent when it was taken over and the Distributor must have known about it, or he caused the defect himself.

 

4.5.4 The minimum shelf life date of the Product, which is indicated on each Product packaging, is also a guarantee of quality if the conditions for its storage are observed. Damage (mechanical, improper storage, etc.) is not a defect of the Product.

 

4.5.5 Complaints are made in writing, stating the date of delivery of the goods, the number of the relevant invoice, the type of goods, the label from the goods packaging, the batch number, the claimed quantity, a description of the defect supplemented by photographic documentation stating the Distributor's request for processing the claim and the Distributor's contact details, including e -email, together with the claimed Product. The company reserves the right to request the delivery of the claimed Product in its original packaging (e.g. bottles) in order to assess the validity of the claim.

 

4.5.6 Delivery of the Company's claim is possible via a courier service, through your sponsor, or in person during delivery hours at the Company's premises at Kulkova 8, Brno. If the claim is delivered via a courier service or its sponsor, the Company is not responsible for the loss or damage of the shipment during transport. The Company does not accept delivery of the claimed Product on cash on delivery.

 

4.5.7 The Distributor is always obliged to ensure suitable packaging of the Products to avoid damage during transport. The company is not responsible for any damage during shipping.

 

4.5.8 Complaints are not admissible in the event that the defect or damage to the Product arose as a result of improper use of the Product in violation of the relevant instructions or instructions, or other obviously improper handling. Differences in color shades on electronic display devices compared to reality cannot be considered a defect either.

 

4.5.9 The deadline for processing a claim is 30 days from the date of delivery of the claim with all the necessary information to the Company. In justified cases, the deadline for settlement by the Company may be extended. The Distributor will be informed about this in writing to the e-mail address specified in the complaint in accordance with Article 4.5.5 of the Rules.

 

4.5.10 The Company decides on the method of settlement of the complaint. The latter subsequently informs the Distributor about this via the e-mail that he provided when making a claim in accordance with Article 4.5.11. The company also decides in which cases it reimburses the Distributor for costs incurred in connection with the application of a complaint.

 

4.5.12 In the event that the price of the purchased Product is returned to the Distributor as a result of a claim, the points (PV) credited for this purchased and returned Product will be automatically deducted from the Distributor. If the Distributor has already received payment of a commission or other form of performance from the Company in connection with these points (PV), he is obliged to return such commission, performance or parts thereof to the Company. In the event of this settlement, the Company is entitled to offset this claim against the Distributor's claim for the payment of additional commissions or other performance, or to take away other credited points (PV) of the same value from the Distributor.

4.5.13 Since the purchase of Products by the Distributor takes place in connection with its business activities in the Harmonelo group, the Distributor does not have the consumer's rights established by law (in particular, the right to withdraw from the contract within 14 days from the date of receipt of the goods) within the scope of the complaint.

4.5.14 The Distributor's other rights and obligations regarding complaints are set out in the Complaints Regulations.

 

4.6. Storage and handling

 

4.6.1 The Distributor acknowledges that most of the Products are food supplements subject to the relevant legislation. All labels on these Products are approved and notified by the Ministry of Agriculture of the Czech Republic, and it is therefore strictly prohibited for the Distributor to create its own labels, packaging or marketing materials in relation to the Products. The Distributor is also not authorized to create its own language mutations of this information and materials .

 

 

4.6.2 The Distributor acknowledges that in order to preserve their properties and durability, the Products must be stored in the prescribed manner, which is indicated on the Product label or on the Company's website www.harmonelo.com . Improper storage may be grounds for rejection of any Product claims.

 

4.6.3 The Distributor is obliged to properly instruct its customers, through whom it has mediated the purchase of the Products, on the use and storage of the Products.

 

 

Section 5 Promotion and Distribution

 

5.1. Presentation

 

5.1.1 The Company is entitled to use all videos, photographs, information, texts, health or financial results, comments, opinions or references provided to the Company by its Distributors and which are related to the Products or the Harmonelo group, without any restriction or right to financial or other consideration. If such material is subject to copyright or intellectual property protection, the Distributor, by registering in the Harmonelo group, grants the Company a free, time- and territorially unlimited license to use these materials with authorization for the Company to use them further at its discretion. In such a case, the company is also entitled to use the provided materials for marketing purposes, to publish them through any media, sublicense or transfer this license in whole or in part to any third party without restriction. If the Distributor provides the Company with materials, the originator of which is a person other than the Distributor, he undertakes to settle all possible claims with this person so that the Company is entitled to dispose of these materials in accordance with this provision.

 

5.1.2 During any presentation of Products or business opportunities in the Harmonelo group, the Distributor is obliged to provide true and complete information about the Products and opportunities of the Harmonelo group, including the rules of the compensation plan, the Company and himself. The distributor is not authorized to use deceptive or unfair business practices.

 

5.1.3 The distributor is not entitled to abuse the trust of individual persons and should respect the possible lack of their business or life experience and their knowledge regarding the matter presented. In particular, the Distributor is not entitled to guarantee easy, fast or astronomical earnings in the Harmonelo group or the miraculous effects of the Products.

 

5.1.4 Distributors are prohibited from disseminating claims regarding the therapeutic or healing effects of the Products that are in violation of relevant legislation (in particular Regulation of the European Parliament and of the Council (EC) No. 1924/2006 of 20 December 2006 on nutrition and health claims in food labeling and Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers).

 

5.1.5 Distributors are prohibited from disparaging any other competing product or project in any way, directly or indirectly, within the framework of the presentation of Harmonelo Group Products and opportunities. In particular, the Distributor avoids comparisons or belittling that could be misleading or incompatible with the principles of competition and regulations governing unfair competition.

 

5.1.6 The Distributor is not authorized to present Products or opportunities of the Harmonelo group or the Company together with any other programs, opportunities, products or services.

 

5.1.7 If the Distributor decides, during the presentation for the purpose of expanding the Harmonelo group to include additional new Distributors, to publish statements of collected commissions or other rewards, or to allow access or preview to sections of the Account related to collected rewards or commissions, he is entitled to do so only in relation to his own the results achieved. If he wants to share the results of his upline, he is authorized to do so only with the express consent of a senior sponsor. The Distributor is obliged to publish only true results (see Article 2.3.9 of the Rules). In addition, to every communication in which the Distributor states his achieved results, he is obliged to attach the disclaimer below, sufficiently visible and in such a way that its connection with this statement is clear.

Disclaimer:The activity of members in the Harmonelo group, leading to the generation of possible income, is not considered a main employment relationship (HPP), but it is a business opportunity that can generate commissions as well as costs. This means that none of your future income in the Harmonelo Group business can be promised, let alone guaranteed, as your overall success depends only on you and your determination to carry out this activity ethically, correctly and long enough. Rewards are calculated from your own work and from the work of members in the business network you are building. This means that if the turnover of your group is too low, or close to zero, then your commission will be zero as well. All your turnover is thus dependent on your willingness to learn, to get into this business correctly,  

 

5.1.8 Distributors are prohibited from giving any radio, television, newspaper, tabloid, internet or magazine interviews, making public appearances, speeches or issuing statements relating to the Products, the Harmonelo group or the Company without the prior written consent of the Company.

 

5.2. Sale

 

5.2.1 The Distributor is authorized to mediate the sale of Products to third parties only:

5.2.1.1 through a custom subdomain that allows the Distributor to enter a custom subdomain name with the domain "harmonelo" and the ending ".shop" or ".video" (eg   novak.harmonelo.shop or fitguy.harmonelo.video) .

5.2.1.2 through the registration of a new member in the Harmonelo group, who enters the ID of this Distributor as his sponsor during registration.

 

5.2.3 The Company is always the supplier of the Products in compliance with the stated conditions for their distribution. The Distributor is not authorized to resell the Products commercially

 

5.2.3 The distributor is obliged to keep proper accounting or tax records as part of his business activity and to properly fulfill his tax obligations.

 

5.3. Advert materials

 

5.3.1 The Distributor is entitled to use exclusively official marketing, advertising and graphic materials, photographs, materials, newsletters, which are the originator of the Company or which the Company has approved in advance, as part of the presentation of the Products or business opportunities in the Harmonelo group.

 

5.3.2 The Distributor is not entitled to create any audio-visual materials of his own that will be associated with the Company in any way, in any form (graphic materials, videos, podcasts, audio recordings, etc.), as the Company's name, the name of the Products and the Company's logo are subject to intellectual property protection and may not be freely distributed. The Distributor is authorized to use only the official digital materials of the Company, which are available in the Harmonelo Office.

 

5.3.3 The Distributor is not authorized to modify or change the Company's official advertising materials in any way without the prior express consent of the Company.     

 

5.3.4 The Distributor is not authorized to use or install any unofficial vehicle decals, business cards, letterheads or other advertising materials that have not been approved in writing by the Company in advance. All current graphic materials and manuals are available in the document storage section within the Account.

 

5.3.5 The Company is not responsible for the content of advertising materials and any promotional items that it has not created or approved in advance in writing. All responsibility for the content and distribution of these materials, including the costs of their production and distribution, rests with the Distributor.

 

5.3.5 The Distributor is not authorized to negotiate or conclude any contracts on behalf of the Company for the promotion or advertising of the Harmonelo group, the Products or the Company.

 

5.3.6 The Distributor is not authorized to produce or reproduce audio or visual materials created by the Company without the prior express consent of the Company. The Distributor may not make his own recordings of meetings, telephone calls, events or conferences related to his participation in the Harmonelo Group, nor publish officially made recordings without the prior express consent of the Company.

 

5.4. Approved promotion

 

5.4.1 The Distributor is not authorized to use other than the Company's official distribution channels in the framework of the presentation of the HARMONELO project, mediation of the sale of Products and related services, unless otherwise stipulated by these Rules.

 

5.4.2 The Distributor may not, without the prior written consent of the Company, create or submit its own Internet advertisement promoting Products or opportunities of the Harmonelo Group or the Company. This prohibition applies in particular to paid online advertising (PPC advertising), content network advertising (contextual advertising), display / banner advertising, e-mailing and paid advertising on social networks.

 

5.4.3 In case of violation of the ban on the use of paid internet advertising according to the previous article (Article 5.4.2 of the Rules), the Company is entitled to immediately block access to the Harmonelo office of the concerned Distributor, without any prior notice or warning. If this is the first violation of this prohibition, by default, access to the Account will be blocked for a period of 30 days, after which access will be automatically restored. The Distributor will be informed by the Company about the restriction of access to the Account by e-mail, as well as his sponsor. Repeated violation of this prohibition is considered a serious violation of the Rules with all the consequences that follow.

 

5.4.4 In the event that the Distributor is interested in presenting the Harmonelo project, Products and related services to potential new members of the Harmonelo network as well as any other third parties through its promotional channel (e.g. website, Facebook, Instagram, etc.), it is obliged to of the intention to inform the Company in advance and become familiar with the conditions under which the promotion of the Products is made possible in this way. The next step in the implementation of the project in question is necessarily the agreement of exact conditions with the Company, followed by own investment in the relevant modifications of its promotional channel and then the own presentation of the Harmonelo project, Products and related services under conditions approved by the Company.

 

5.4.5 Distributors are expressly prohibited from promoting Products through price comparators such as Heureka.cz, Zboží.cz, Hledejceny.cz, advertising servers (Bazoš, Hyperinzerce, Annonce, Advertising groups on social networks, etc.), third-party sales platforms (e.g. Amazon, Alibaba, Allegro) or auction sites (eBay).

 

5.4.6 Furthermore, the distributor may not create or enter advertising on television, print advertising (advertisements, ads, promotional leaflets), light advertising, radio spots, mobile advertising (e.g. on means of transport), outdoor advertising (posters, billboards, advertising surfaces – house shields, fences, etc.), alternative advertising (walking advertising, city light showcases, trailed advertising, municipal furniture – benches, public transport stops, clocks, digital boards, etc.) or various promotional items that promote Products or opportunities of the Harmonelo Group or Companies. This prohibition does not apply to unconscious and gratuitous advertising that the Distributor did not actively cause himself.

 

5.4.7 The Distributor is not authorized to disseminate content that is illegal, harassing, harmful, threatening, vulgar or otherwise undesirable in connection with the mediation of the sale of Products, or that could result in civil, administrative or criminal liability.

 

5.4.8 When mediating the sale of Products, the Distributor is obliged to respect the right to privacy of all natural persons and to provide adequate protection for their personal data.

 

5.4.9 The Distributor may not directly or indirectly send mass, unsolicited e-mails to persons with whom it has no previous or existing personal or business relationship.

 

5.4.10 The Distributor is not authorized to publicly offer or promote the Products in third-party establishments (e.g. gyms, hairdressers or offices), exhibitions, markets, expositions or other public forums without the prior written consent of the Company. The procedure and conditions for this method of promotion must be approved in advance by the Company.

 

5.4.11 The Distributor is prohibited from using the word "Harmonelo" in the name of any of its promotional channels, URL address, email address or profile name, as well as in any combination of words with any other designation. The only exception is the subdomain approved by the Company, which allows the Distributor to enter the Distributor's own subdomain name with the domain "harmonelo" and the ending ".shop" or ".video" (eg  novak.harmonelo.shop or fitguy.harmonelo.video) .

 

5.5. Promotion on social networks

 

5.5.1 The Distributor is entitled to use social networks, such as Instagram, Facebook, etc. (hereinafter referred to as " Profile "), to present the Harmonelo project, Products and related services, only after obtaining prior consent for this activity from the Company.

 

5.5.2 Each Distributor is entitled to always have only one profile on social networks (e.g. Instagram, Facebook, etc.), i.e. one social network = one profile. Multiple profiles managed by the same Distributor, or associated with the same ID, is prohibited and a violation of this provision will be considered a violation of the Rules with all the consequences thereof. Likewise, it is strictly forbidden to mention clicks on other Profiles in the Profile description.

 

5.5.3 Each Profile that a Distributor creates on a social network must be clearly marked with the Distributor's full name and ID and must not be locked to the public. Distributors, on the other hand, are prohibited from using the word "Harmonelo" in the name of the Profile, as well as in any word connection with any other designation. This restriction does not apply to the authorized use of the logo, graphic representation and texts determined by the Company according to Article 5.3.1 et seq.

 

5.5.4 The Distributor undertakes to use exclusively official marketing, advertising and graphic materials and photos in accordance with Article 5.3.1 of the Rules for the purposes of any presentation of the Harmonelo project and the Products on its Profile. The Distributor is entitled to use on his Profile photos and posts that the Company will display on its official channels, but only through sharing. If the Distributor is interested in using content from another Distributor's Profile on his Profile, he is obliged to obtain his consent in advance.

 

5.5.5 The Distributor is not authorized to disseminate on his Profile claims regarding the healing or therapeutic effects of the Products that are in violation of the relevant legal regulations (in particular Regulation of the European Parliament and of the Council (EC) No. 1924/2006 of 20/12/2006 on nutrition and health claims in food labeling and Regulation of the European Parliament and Council (EU) No. 1169/2011 of October 25, 2011 on the provision of food information to consumers).

 

5.5.7 The Distributor is not entitled to indicate a higher than recommended dosage of the Product and is obliged to indicate that this recommended amount applies to the use of one Product per day. In the case of using a combination of several Products, this recommended amount must be maintained in relation to all the Products used daily.

 

5.5.8 In the event that the Distributor shares screenshots from the Harmonelo office, he is obliged to strictly comply with the obligations arising in particular from the Regulation of the European Parliament and the Council (EU) No. 2016/679 of April 27, 2016, on the protection of natural persons in connection with processing of personal data and the free movement of such data. The company does not recommend sharing these screenshots. 

 

5.5.9 It is strictly prohibited for the Distributor to hold any competitions on the Profile in which it offers Products as prizes.

 

5.5.10 Distributors work only with influencers who have a good reputation. Cooperation with influencers who have violated in the past, or they are now breaking the law, especially if they don't label advertising, engage in unfair competition, etc.

 

5.5.11 Distributors are prohibited from establishing cooperation with influencers through marketing platforms such as BarterMe etc.

 

5.5.12 Paid cooperation of Distributors with influencers is strictly prohibited, or can only be established if the given influencer is registered with the Company as a Distributor. In the event that an influencer, who is not a registered member of the Company, conducts a paid campaign in favor of a registered member, this will be considered a violation of the Rules by this Distributor, with all the consequences resulting from this.

 

5.5.13 Cooperation with influencers in the form of so-called barter is strictly prohibited. Violation of this clause shall be deemed to be a violation of these Rules with all the foreseeable consequences.

 

5.5.14 The Distributor is obliged to protect the good name and reputation of the Company and settle all possible claims of the influencer arising from their mutual cooperation. In the event that the influencer damages the good name and reputation of the Company in any way, the Distributor is obliged to provide all necessary cooperation and make the best efforts to protect the Company and its legitimate interests.

 

5.5.15 Distributors are prohibited from tagging the personal profiles of Company representatives, as well as other persons connected to the Company in any way, in their posts on social networks.

 

5.5.16 In the event that the Distributor addresses potential customers or future members of the Harmonelo group through his Profile, he is obliged to provide them with complete and true information about the Products, the Company, opportunities in the Harmonelo group, the compensation plan and the work system. The Distributor is obliged to provide this information himself and not to refer it to the Company for this purpose.

 

5.5.17 Every Distributor is obliged to comply with the Code of Ethics (Article 2.2 of the Membership Rules) and to comply with all legal regulations related to his activities within the Harmonelo group. Each Distributor is obliged to report to the Company any violation of legal regulations and Membership Rules.

 

 

Section 6 Legal Protection

 

6.1. Intellectual property

 

6.1.1 The Distributor acknowledges that all intellectual property rights related to the HARMONELO project vest in HARMONELO LLC, reg. no. L19000263800, located at 1666 Kennedy Causeway Suite 412, FL 33141 Notrh Bay Village, United States of America. 

 

6.1.2 In particular, the name HARMONELO, the names and composition of all Products, as well as logos, graphics, symbols, descriptions, texts, procedures, methodologies, systems, literature, domains, trademarks, manuals, materials, packaging or technologies that are related to the HARMONELO project.

 

6.1.3 The Distributor is entitled to use the listed objects of protection of intellectual property rights within the scope of his activity only in accordance with these Rules or on the basis of a prior written authorization from the Company. Any unauthorized use of the objects of this protection is prohibited.

 

6.1.4 Distributors are prohibited from registering domains, names, companies, designations, trademarks, utility models, patents or other data and designations related to the HARMONELO project or interchangeable with them, as well as derivatives or abbreviations of these designations.

 

6.1.5 The company is entitled to control the respect of all intellectual property rights related to the HARMONELO project, to demand their protection and to assert all related claims against persons who violate these rights.

 

6.1.6 With the termination of membership in the Harmonelo group, the Distributor loses all rights to use objects protected by intellectual property rights and is obliged to stop all activities that constitute or may constitute interference with these rights.

 

6.2. Trademarks and logos

 

6.2.1 HARMONELO LLC, reg. no. L19000263800, located at 1666 Kennedy Causeway Suite 412, FL 33141 Notrh Bay Village, United States of America, is the owner of the registered trademarks Harmonelo and the names of the individual Products.

 

6.2.2 The Company exercises all rights resulting from registered trademarks towards Distributors and is entitled to decide or determine to whom and under what conditions it will allow to deal with the names in question. All use of registered names is possible only in accordance with these Rules or on the basis of prior written authorization from the Company.

 

6.2.3 When using the logo or name for his own activity, the distributor is obliged to clearly state that he is an independent HARMONELO distributor according to these Rules.

 

6.3. Secret information

 

6.3.1 All information with which the Distributor comes into contact during the duration of the membership and which is of a commercial, production, technical or economic nature related to the activities of the Company or the Harmonelo group, in particular procedures, processes, results and related technologies, know-how , marketing techniques and information, price lists, pricing policies, business methods and strategies, contracts and contractual relationships with customers and suppliers, research, computer software (including subject and source codes), databases, systems, structures and architectures not generally known to competitors Company and the public, the Company considers confidential and part of its trade secret.

 

6.3.2 Information about the Company's organizational structure and its employees is also considered confidential information. The confidential nature of this information remains regardless of the form and method of its communication or capture until the time of its authorized publication. The Company allows the Distributor access to confidential information only for the purpose of carrying out his activity and development in the Harmonelo group.

 

6.3.3 The Distributors' database, their contact details, as well as all other confidential information mentioned above are created for the purpose and benefit of the Company's business activities. 

 

6.3.4 The Distributor is obliged to maintain the confidentiality of this information and use it only for the proper performance of his activities in the Harmonelo group and for the benefit of the Company. The Distributor undertakes not to use this information contrary to the Company's interests for his own benefit or for the benefit of any third parties.

 

 

Section 7 Commission System and Compensation

 

7.1. The principle of rewards

 

7.1.1 In connection with his participation in the Harmonelo group, the Distributor may have the right to the payment of commissions, other financial payments and the drawing of other rewards or benefits. The conditions for the payment of rewards according to the previous sentence are set out in the Company's compensation plan, or in other separate documents.

 

7.1.2 The amount of financial remuneration and rewards in the Harmonelo group depends on the work performed by each Distributor, personal turnover and also depends on the turnover of his downline group. The Distributor acknowledges that the right to payment of financial performance may be further conditioned by the fulfillment of other requirements for the Distributor's activity.

 

7.1.3 The Company does not guarantee one-time or get-rich-quick, but offers its Distributors the opportunity to participate in a work system in which the Distributor's earnings depend on the work effort, time and results. No Distributor or his downline group is guaranteed any income without meeting the conditions set forth in the Company's compensation plan.

 

7.1.4 Before becoming a member of the Harmonelo group, the company recommends that you carefully consider steps to end your current job and does not recommend taking on debt for the purpose of more efficient earnings.

 

 

7.2. Rewards management and payroll

 

7.2.1 In the event that the Distributor becomes entitled to the payment of commissions or other financial rewards according to the Company's compensation plan, the Company will pay the relevant amount to the account entered by the Distributor on the basis of the issued invoice.

 

7.2.2 The distributor is obliged to keep proper accounting or tax records as part of his business activity and to properly fulfill his tax obligations.

 

7.2.3 By registering to the Harmonelo group, the Distributor grants the Company authorization to issue tax documents (invoices), with the Company issuing the invoices on his behalf in accordance with the previous paragraph. In the event that the law requires, in the case of a Distributor who is a value added tax payer, the granting of a power of attorney in another prescribed form, such Distributor is obliged to deliver the power of attorney in the prescribed form to the Company. The company is obliged to ensure that all invoices have the requisites of a tax document in accordance with applicable legal regulations and that they contain materially correct information. The Distributor is not authorized to make changes to the amounts shown on these invoices. All invoices are issued in electronic form.

 

7.2.4 The commission period is a week starting on Monday at 00:00 and ending on Sunday at 24:00 Central European Time (CET, UTC+1). The Company is entitled to change the compensation plan or the frequency of paying the Distributor's commissions or rewards.

 

7.2.5 The Distributor manages his rewards and enters the settings for their payment on his Account in the Harmonelo office settings and in the Wallet section. The company does not pay out commissions or rewards lower than 20 PV (approx. 20 EUR/500 CZK), but leaves these funds available to the Distributor in his point wallet.

 

7.2.6 The Distributor acknowledges that the Company is entitled, in cases regulated by these Rules, to suspend the payment of commissions or any other financial payments and not to pay these suspended payments in the event of subsequent termination of the Distributor's membership in the Harmonelo group for breach of the obligation according to clause 3.4.3 of these Rules. The Distributor further acknowledges that upon termination of membership in the Harmonelo group, the right to payment of commissions or other financial payments from the Company ceases.

 

7.2.7 In case of irregularities or suspicion of incorrect determination of the amount of commission or other rewards, or incorrect payment, the Distributor is obliged to first check his Account in the Controls section and, if these irregularities have not been removed, then immediately contact the Company at the e-mail address support@harmonelo.com

 

7.2.8 The Company is entitled, in the event of any claim against the Distributor (e.g. damages, return of performance) to unilaterally offset this claim against the Distributor's claim for payment of commissions or other performance.

 

7.2.9 The company is entitled to charge special fees for certain actions or services, the overview and amount of which is specified in the fee schedule, which is available in the Harmonelo office. The Company is entitled to deduct these fees directly from the Distributor's points wallet when performing the relevant action or service.

 

7.2.10 In the event that the commission or other performance cannot be paid to the Distributor due to failure to specify his bank account, incorrect entry of this account or its cancellation and the Distributor does not remedy this deficiency or does not inform the Company of another account to which he requests the payment of financial performance, no later than 1 year from the end of his membership in the Harmonelo group, the right to the payment of these commissions or other performance ceases.

 

Section 8 Educational and Social Events Harmonelo

 

8.1. Harmonelo Academy

 

8.1.1 The company implements a basic training program called Harmonelo Academy for its Distributors.

 

8.1.2 The date, venue and all related details and conditions of participation in the Harmonelo Academy are always announced by the Company several weeks in advance of the event through one of the Company's officially used communication channels (in particular the website, newsletters, Harmonelo office, SMS, e-mails, applications etc.).

 

8.1.3 The Distributor acknowledges that participation in the Harmonelo Academy may be subject to a fee and may be limited by the capacity of participants in this event. The company is entitled to change or modify the conditions and details of participation in the Harmonelo Academy at any time.

 

8.1.4 Participation in Harmonelo Academy educational events is possible for leaders who have reached the Diamond position during the relevant period. For the purposes of this provision, the decisive period is the period from the date of the last Harmonelo Academy to the date of the current Harmonelo Academy.

 

8.1.5 Harmonelo Academy can only be attended by a leader whose Account is based on a natural person, is properly filled out and has allowed congratulations. An account that is based on a legal entity or a non-existent entity is considered non-transparent to other Distributors and the Company, and the person who maintains it is not entitled to participate in the Harmonelo Academy.

 

8.1.6 A Leader who is invited to a Harmonelo Academy event is entitled to bring family members (spouse, partner, etc.) with them. The company covers the costs associated with accommodation at the Harmonelo Academy event only for its leaders, and that in full.

 

8.1.7 Persons accompanying leaders to the Harmonelo Academy are obliged to pay the costs incurred in connection with their participation in the Harmonelo Academy.

 

8.1.8 As part of the Harmonelo Academy educational events, the company can negotiate preferential price terms regarding accommodation for persons who accompany leaders.

 

8.1.9 None of the Harmonelo Academy participants is authorized to act on behalf of the Company with any facility (especially accommodation) associated with Harmonelo Academy in order to negotiate a more favorable price offer. Failure to comply with this provision is perceived as a violation of the Code of Ethics with all the consequences that follow.

 

8.1.10 Persons accompanying leaders are not authorized to participate in competitions or events organized by the Company within the Harmonelo Academy.

 

8.1.11 Making any recordings (audio, video, etc.) of events organized within the Harmonelo Academy and their subsequent distribution is strictly prohibited, when a violation of this provision will be considered a violation of the Rules with all the consequences resulting from this.

 

8.1.12 If the leader cannot attend the Harmonelo Academy, he is obliged to inform the Company about this immediately at the e-mail address support@harmonelo.com . In the event that the Harmonelo Academy participant does not report his/her non-participation in time, cancels his/her participation or does not participate in the Harmonelo Academy at all, he/she is obliged to reimburse the Company for all incurred costs. This action of the given leader will be considered a violation of the obligations arising from these Rules with all the expected consequences, and in the future he will no longer be able to participate in any educational and social event of the Company.

 

 

8.2. Harmonelo Event

 

8.2.1 Every year, the Company organizes an annual event for its Distributors called Harmonelo Event, in the form of a celebration, annual celebration, ball, social event, etc.

 

8.2.2 The date, venue and all related details and conditions of participation in the Harmonelo Event are always announced by the Company several months in advance of the event through one of the Company's officially used communication channels (in particular the website, newsletters, Harmonelo office, SMS, e-mails, applications etc.).

 

8.2.3 Personal participation of the Distributor at the Harmonelo Event may be one of the conditions for drawing bonuses (e.g. Car Bonus, Cash Bonus or Harmonelo Business Trip), according to the rules established for drawing these bonuses. In the event that the Distributor cannot participate in the Harmonelo Event for serious reasons, he is obliged to notify the Company of this fact at least 3 days before the event at the e-mail address support@harmonelo.com . The Company assesses each excuse for the Distributor's participation in the Harmonelo Event individually and is not obliged to accept it in order to waive the fulfillment of the condition for drawing the relevant bonus.

 

8.2.4 In the event that it is impossible to participate in the Harmonelo Event, the Distributor is entitled to authorize another person (Distributor) to participate in this event and take over the voucher for drawing the relevant bonus. In order to maintain the right to draw the bonus, the Distributor is obliged to notify the Company of this fact at least 3 days before the event to the e-mail address support@harmonelo.com .

 

8.2.5 The Distributor acknowledges that participation in the Harmonelo Event may be subject to a fee and may also be limited by the capacity of participants in this event. The company is entitled to change or modify the conditions and details of participation in the Harmonelo Event at any time.

 

8.3. Harmonelo Business Trip

 

8.3.1 The Company offers its most successful Distributors, upon meeting the specified conditions, the drawing of a non-claim bonus in the form of participation in a vacation organized by the Company called Harmonelo Business Trip. Distributor acknowledges that participation in the Harmonelo Business Trip may be limited by the capacity of participants in this event.

 

8.3.2 Detailed conditions for the possibility of drawing the Harmonelo Business Trip bonus will be set out in the Company's compensation plan or in one of the Company's officially used communication channels (especially the website, newsletters, Harmonelo office, SMS, e-mails, applications, etc.). The company is entitled to change or modify the conditions for obtaining the Harmonelo Business Trip bonus at any time.

 

8.3.3 The company determines the date, destination and travel agency or agency for the implementation of the Harmonelo Business Trip and ensures the organization of this holiday, including the accompanying program and other activities.

 

8.3.4 Each Distributor may draw the Harmonelo Business Trip bonus more than once upon repeated fulfillment of the specified conditions. However, the Distributor can only give these additional bonuses associated with participation in the Harmonelo Business Trip to his partner or partner, and their children. Other persons may participate in the Harmonelo Business Trip only as so-called other passengers who pay the full costs of the Harmonelo Business Trip separately, see below. The Distributor is not entitled to donate participation in the Harmonelo Business Trip to another Distributor. 

 

8.3.5 The Distributor who receives the Harmonelo Business Trip bonus is also entitled to take another passenger (husband/wife, partner, child/grandchild) on vacation, provided that this person is reported to the Company by the end of the calendar year at the latest of the year preceding the Harmonelo Business Trip and will cover the complete costs of the Harmonelo Business Trip (air tickets, transfer, fees, accommodation, meals, surcharges, etc.). In the event that the next passenger is not reported on time and the costs of his participation are not paid to the Company by the specified date, the Distributor's right to the participation of the next passenger expires.

 

8.3.6 Each Harmonelo Business Trip participant (Distributor and his other passengers) is obliged to cooperate with the Company in planning and organizing this holiday, in particular to provide the Company with the necessary data and information necessary to ensure his participation in the Harmonelo Business Trip. Each Harmonelo Business Trip participant is required to read the Harmonelo Business Trip participation guidelines, adhere to these guidelines throughout the duration of the vacation and is responsible for the validity of their travel documents, applicable visas and permits.

 

8.3.7 All Harmonelo Business Trip participants (the Distributor and his other passengers) are required to complete the vaccination, or medical obligations when traveling to countries for which medical regulations and regulations stipulate this, to have relevant medical certificates and recommendations for travel required mainly (but not exclusively) by air carriers.

 

8.3.8 Each Harmonelo Business Trip participant (Distributor and his other passengers) is obliged to arrive at the destination at the specified time with all the documents required for entry into the respective countries of residence and transit (in particular a valid travel document, visa, proof of health insurance, etc.).

 

8.3.9 All Harmonelo Business Trip participants (the Distributor and his other passengers) are obliged to refrain from actions that would limit the rights of other holiday participants, as well as all other persons with whom they come into contact as part of the Harmonelo Business Trip.

 

8.3.10 In the event that any Harmonelo Business Trip participant (Distributor and his other passengers) is expelled from transportation or accommodation due to his behavior, he is obliged to reimburse all incurred costs at the request of the Company. Such action or behavior may be considered a violation of the obligation arising from these Rules with all the foreseeable consequences. In addition, this participant is not entitled to demand any compensation from the Company.

 

8.3.11 If the participant cannot travel to the Harmonelo Business Trip, he is obliged to inform the Company about this immediately at the e-mail address support@harmonelo.com . In the event that the Harmonelo Business Trip participant does not report his/her non-participation on vacation in time, cancels his/her participation or does not travel on vacation, he/she is obliged to reimburse all incurred costs at the request of the Company, otherwise his/her actions may be considered a violation of the obligation arising from these Rules with all the expected consequences . If the Distributor does not exercise his right to Harmonelo Business Trip, he is not entitled to demand any other compensation from the Company and his right is forfeited.

 

8.3.12 The Harmonelo Business Trip bonus does not include arranging or paying for insurance for vacation participants. The company therefore recommends all Harmonelo Business Trip participants to carefully consider their participation in the vacation and to arrange and properly pay for the necessary insurance (e.g. travel insurance, cancellation insurance, baggage insurance, flight delay insurance). The company bears no responsibility in the event of any complications arising from failure to arrange insurance for the holiday participant.

 

8.3.13 The company is not responsible for the possible cancellation of the Harmonelo Business Trip due to unforeseen circumstances, especially due to force majeure, strikes, riots, terrorist attacks, war, explosions, deaths, restrictions, pandemics, quarantines, supply interruptions, natural disasters, government measures or regulations, etc. In such a case, the company does not provide any compensation to the participants.

 

8.3.14 The Company is entitled at any time and without any prior notice to refuse the participation of any Distributor or other person in the Harmonelo Business Trip. The company does not provide any compensation in such case. There is no legal right to participate in the Harmonelo Business Trip.

 

8.4 In the event that the Distributor violates any obligation arising from these Rules, related appendices or documents, regardless of the severity of such violation, the Company is entitled, without any prior notice or warning, to decide that he will not be able to participate in Harmonelo educational and social events. The Company decides on the duration of this ban, as well as on the extent of participation restrictions.

 

8.5 The Company is entitled to determine the rules and conditions of participation in Harmonelo Educational and social events outside the scope of these Rules in separate documents.

 

Section 9 Other Provisions

 

9.1. Scanty

 

9.1.1 In the event that a dispute arises between Distributors related to their membership in the Harmonelo group, the Distributor is obliged to try to resolve this dispute amicably.

 

9.1.2 The Distributors' dispute, which cannot be resolved amicably even with the help of sponsors, will be referred to the Company for resolution. The company has the authority to make a final decision on such a dispute without the possibility of further appeal or judicial review.

 

9.1.3 When deciding a dispute, the company is based on the information and documents submitted by both parties to the dispute. The company is entitled to proceed with the decision of the dispute in the way it considers appropriate.

 

9.1.4 When deciding a dispute between Distributors, the company is based on the recommendation of the Harmonelo leaders' meeting, but this recommendation is not binding for its own decision of the dispute.

 

9.1.5 The company is entitled to adopt a decision within the resolution of the dispute imposing an obligation on the parties to the dispute to remedy the breach of obligations or a defective condition, including an obligation not expressly arising from these Rules, with the determination of the consequences of failure to fulfill the obligation thus imposed. Failure to respect the Company's decision is considered a violation of the obligation arising from these Rules with all the expected consequences.

 

9.2. Legal sphere

 

9.2.1 The invalidity or ineffectiveness of any provision of these Rules or part thereof does not constitute the invalidity or ineffectiveness of other provisions of the Rules or their annexes and related documents.

 

9.2.2 These Rules may be drawn up in multiple language versions. In case of deviations between individual language versions, the version in the Czech language takes precedence, and if this version is not available to the Distributor or if the Distributor does not have knowledge of the Czech language, the version of the Rules in the English language is decisive. The same rules also apply to individual annexes to these Rules and related documents.

 

9.2.3 These Rules, individual annexes, related documents, as well as the rights and obligations arising from them, including the rights and obligations arising from their violation, are governed by the legal order of the Czech Republic. The court competent to hear all disputes arising from the contractual relationship between the Company and the Distributor is the Municipal Court in Brno.

 

9.2.4 In the event of the emergence of a legal relationship with an international element, Czech law is applicable and the competent body for deciding disputes is the Municipal Court in Brno, Czech Republic.

 

9.2.5 The company is not responsible for delays or non-fulfillment of obligations due to unforeseen circumstances, in particular due to force majeure, strikes, riots, terrorist attacks, war, explosions, deaths, restrictions, pandemics, quarantines, supply interruptions, natural disasters , government measures or regulations, etc. The Company does not provide any compensation to the Distributors in such case.

 

9.2.6 In the event that the Company causes demonstrable damage to the Distributor in connection with the Distributor's membership in the Harmonelo group, it is only liable for this damage up to the amount of EUR 1,000.

 

9.2.7 In the event that the Company asserts any claims against the Distributor for violation of these Rules, individual annexes and related documents, the Distributor is obliged to reimburse the Company for all related costs, including the costs of legal representation and court costs. The limitation period for the exercise of any right of the Distributor against the Company is one year from the date on which this right could be exercised for the first time.

 

9.2.8 All agreements formed on the basis of older versions of these Rules remain in force even after the adoption of the new version of the Rules. However, if such agreements are in conflict with the new wording of the Rules, the Company is entitled to terminate these agreements within a notice period of 1 month from the delivery of the notice to the Distributor, regardless of the agreed conditions for the termination of these agreements, which are negotiated in these agreements, before which it has this provision of the Rules of application priority.

 

9.2.9 In the interest of the successful business of Distributors within the Harmonelo group, the Company created a document for its Distributors entitled "Instructions on how to do Harmonelo without legal problems", which contains ideas, recommendations and warnings about the most common mistakes and should help Distributors avoid unnecessary legal problems. This document is available to all active Distributors in the Harmonelo office.

 

Section 10 Definitions

 

MLM

Multi-level marketing, or also multi-level marketing or network marketing, is the designation of a branch of business using the method of mediating sales through a network of independent Distributors with incentive systems of remuneration for activities in doing business with the Company.

 

Distributor

An independent business partner of the Company who has entered into a contractual relationship with the Company for the purpose of purchasing the Company's Products for their own personal consumption, support of physical and mental health and the possibility of taking advantage of interesting business opportunities.

 

Sponsor

The distributor who showed you a business opportunity and brought you to the Harmonelo group.

 

Customer

The end consumer and user of the Products is different from the person of the Distributor. Products are supplied to him by the Company, the Distributor only mediates this sale.

 

Starter pack

An entry pack of Products, by purchasing which the Distributor acquires the status of a business partner of the Company. There are different benefits and point value (PV) associated with the purchase of a starter pack, depending on the type of starter pack selected.

 

Upline               

Sponsor line of other Distributors who are above you in the Harmonelo group hierarchy. This is a support team that guides and educates you in the field of MLM business.

 

Downline

Lines of other Distributors who are below you in the Harmonelo group hierarchy. These are Distributors that you yourself bring to the Harmonelo group as their sponsor or Distributors from your team under you. For these Distributors, you are their upline.

 

Meeting of leaders

An informal advisory body of the Company composed of the highest-ranking Distributors, which discusses important issues and makes recommendations for the Company's decision-making.

 

Internal blacklist

Internal nominal list of former Distributors with whom the Company has terminated membership by termination for breach of obligations arising from membership in the Harmonelo group. In order to protect the Company, an internal blacklist is available for Distributors with an active ID.

 

PV

Point value assigned to Products for the purposes of calculating commissions and other rewards resulting from the Company's compensation plan.

 

Commission

The financial amount received by the Distributor depending on the volume of Products sold, mediated by the Distributor or his downline group.

 

Distributor subdomain

Each Distributor has the option to use his subdomain to mediate the sale of Harmonelo products, which the Distributor will set up in his account in the Harmonelo office section. The subdomain is the URL address of the Harmonelo website, which consists of the Distributor's own name (e.g. last name, company) of the Harmonelo domain and the suffix .shop or .video. The entire subdomain of the Distributor can look like this, for example: novak.harmonelo.shop or fitguy.harmonelo.video.

 

 

 

General terms and conditions_for unregistered distributors

 

HARMONELO LLC , Reg.#: L19000263800, registered office at 1666 Kennedy Causeway Suite 412, FL 33141 North Bay Village, United States of America

acting through

HARMONELO LLC, spin-off plant , ID number: 08783969, registered office at Kulkova 4045/8, Židenice, 615 00 Brno

  1. Introductory Provisions
  1. These terms and conditions (hereinafter referred to as " GTC " or " General Terms and Conditions ") of HARMONELO LLC, Reg. No.: L19000263800, located at 1666 Kennedy Causeway Suite 412, FL 33141 North Bay Village, United States of America, acting through HARMONELO LLC, spin-off plant, ID number: 08783969, registered office Kulkova 4045/8, Židenice, 615 00 Brno, registered in the commercial register kept at the Regional Court in Brno, section A, file 26741 (hereinafter referred to as " HARMONELO " or " the seller ") are regulated in accordance with by the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the " Civil Code ") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract ") concluded between the Seller and another natural person (hereinafter referred to as the " buyer ") through the Seller's online store. The online store is operated by the seller on the website located at the internet address https://harmonelo.com/e-shop.php (hereinafter referred to as the " online store "), through the website interface.
  2. The general terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.
  3. Provisions deviating from the General Terms and Conditions can be negotiated in an individual purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the General Terms and Conditions.
  4. The general terms and conditions are an integral part of the purchase contract. The purchase contract and GTC are drawn up in the Czech language.
  5. HARMONELO is entitled to unilaterally change these General Terms and Conditions. The change does not affect the rights and obligations of the contracting parties arising during the effective period of the previous general terms and conditions, unless the parties agree otherwise. The current wording of the terms and conditions is published on the website: https://harmonelo.com/complaints

2. Definition of terms

  1. According to these GTC, a buyer is a natural person in the position of a consumer or a natural person or legal entity running a business.
  2. A consumer is any person who enters into a contract with HARMONELO outside the scope of his business activity or outside the scope of the independent exercise of his profession or deals with it in any other way outside the scope of his business activity or outside the scope of the independent exercise of his profession.
  3. In the sense of these General Terms and Conditions, an entrepreneur is a natural or legal person who, on his own account and responsibility, carries out a gainful activity in a trade or similar manner with the intention of doing so consistently in order to achieve profit. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of a profession, or a person who acts on behalf of or on behalf of an entrepreneur. If the buyer states his identification number in the order, he acknowledges that he is considered an entrepreneur in the contractual relationship with the seller and the rights for entrepreneurs apply to him.
  4. According to these General Terms and Conditions, goods are products offered via the online store.

 

3. Information about goods and prices

  1. Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods published in the online store.
  2. The prices of the goods published in the online store are listed including value added tax, all related fees and costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of the goods remain valid for the period during which they are displayed for the goods in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
  3. All presentation of goods placed in the online store is for informational purposes only. The seller is not obliged to enter into a purchase contract regarding these goods.
  4. Information on the costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the case of delivery abroad, the price may vary, which the buyer will be informed about in the last step of the order.

4. Order and conclusion of the purchase contract

  1. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract, in particular the costs of internet connection, the costs of telephone calls, etc., are paid by the buyer himself.
  2. The buyer orders the goods by filling out the order form. When placing an order, the buyer chooses a specific product, payment method and delivery.
  3. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer then sends the order by clicking the "send order" button. The seller considers the data provided by the buyer in the order to be correct. The condition for the validity of the order is the completion of all mandatory data and confirmation by the buyer that he has read the General Terms and Conditions and the Complaints Procedure and that he agrees with them.
  4. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer specified in the order. This confirmation is automatic and does not constitute a contract. The current terms and conditions are attached to the confirmation.
  5. The purchase contract is concluded only after the seller accepts the order, when this notification is sent by the seller to the e-mail address that was specified by the buyer in the order.
  6. If the seller cannot fulfill any of the requirements specified in the order, he will send the buyer an amended offer to the e-mail address specified in the order. This is not considered a new draft of the purchase contract - in this case, the purchase contract is concluded by the buyer's confirmation of acceptance of this seller's offer to the e-mail address: support@harmonelo.com .
  7. All orders accepted by the seller under these General Terms and Conditions are binding. The buyer is entitled to cancel the sent order only until the seller has notified him of the acceptance of the order. The buyer may cancel the order by notifying the email address support@harmonelo.com .
  8. If there was an obvious technical error on the part of the seller at the stated price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the given goods to the buyer, even if the buyer has already been sent an automatic confirmation of receipt of the order in accordance with these General Business Terms conditions. The seller informs the buyer about the error without undue delay and then sends him an amended offer to the e-mail address specified in the order. This is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's e-mail address: support@harmonelo.com .
  9. The purchase contract is concluded in the Czech language, unless circumstances on the part of the seller or the buyer prevent it. It is possible to conclude the purchase contract in another language that both parties agree on. The concluded contract is archived by the seller in accordance with the relevant legal regulations for the purpose of its successful fulfillment, or for other purposes, and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the purchase contract can be seen from the ordering process in the online store, and the buyer has the opportunity to check and possibly correct the order before sending it.
  10. In the case of the purchase of an individualized product, by submitting the order, the buyer expresses his consent to the provision of personal data and their subsequent processing by the seller for the purpose of creating and archiving anonymous data records from information obtained by testing and analyzing the customer's intestinal microbiome and from survey questionnaires with the exclusion sensitive personal information (names, dates of birth, residence) that would make the data personally identifiable. The buyer acknowledges that this anonymized data will be used for statistical data analysis, further research and publication of research results on the microbiome and influencing the microbiome by probiotic supplementation (especially at conferences, lectures, interviews, websites, TV shows, magazines, etc.). At the same time, the buyer agrees to participate in the seller's research and accepts all the Company's conditions regarding the isolation, archiving and analysis of bacterial DNA from the intestinal microbiome. The seller will use the anonymized data of the buyer for the purpose of processing research studies.

 

 

5. Payment terms and delivery of goods

  1. The buyer can pay the purchase price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:
    1. cash on delivery payment, or
    2. by cashless transfer to the seller's account via the PayPal payment gateway, or
  2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
  3. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic service provider.
  4. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
  5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
  6. The seller issues a tax document - an invoice to the buyer, which he attaches to the goods and sends it to the e-mail address specified in the order.
  7. The choice of delivery method is made during the order entry. The goods are then delivered to the buyer:
    1. to the address specified by the buyer in the order, via the carrier - DPD, GLS and PPL.
    2. by personal collection at the HARMONELO distribution warehouse at Kulkova 8, 615 00 Brno during distribution hours (Monday to Thursday from 1:00 p.m. to 4:00 p.m. and Friday from 11:00 a.m. to 2:00 p.m.)
  8. The costs of delivering the goods, depending on the method of sending and receiving the goods, are indicated in the buyer's order and in the seller's confirmation of the order. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
  9. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
  10. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
  11. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

 

6. Withdrawal from the purchase contract by the buyer

  1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
  2. The deadline for withdrawing from the purchase contract without giving a reason is 14 days:
    1. from the day of receipt of the goods,
    2. from the date of acceptance of the last delivery of goods, if the subject of the purchase contract is several types of goods or the delivery of several parts,
    3. from the date of acceptance of delivery of goods, if the subject of the purchase contract is regular or repeated delivery of goods.
  3. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous paragraph. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the General Terms and Conditions. The buyer can send a withdrawal from the purchase contract to, among other things, the address of the seller's place of business or to the e-mail: support@harmonelo.com .   
  4. Due to the nature of the goods, in case of withdrawal from the contract, the buyer is obliged to return the goods to the seller in undamaged packaging.
  5. By withdrawing from the purchase contract, it is canceled from the beginning. The goods must be returned to the buyer and seller no later than fourteen (14) days after delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
  6. In the event of the buyer's withdrawal from the contract, the seller is obliged to return the money to the buyer immediately, but no later than within 14 days of the withdrawal from the contract, the funds spent by the buyer on the goods and on the cheapest offered method of delivery of the goods from the online store. The money will be returned in the same way as it was received, or by transfer to the buyer's account, unless the parties agree otherwise.
  7. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
  8. The seller is not obliged to return to the buyer all funds spent according to Article VI. paragraph 6 of the General Terms and Conditions before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
  9. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
  10. If a gift is provided to the buyer together with the goods, the gift contract, the subject of which is this gift, is concluded between the seller and the buyer with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer obliged to return the given gift together with the goods to the seller. If the buyer does not return the provided gift within the period set by the seller, the seller has the right to continue to demand an amount corresponding to the value of the unreturned product.
  11. In the event that other goods are sold together with the goods at a highly discounted promotional price (e.g. CZK 1), it is considered that the purchase contract, the subject of which is the discounted promotional goods, is concluded with a release clause, and if withdrawal from the purchase contract, the subject of which was the goods for which the goods were sold at a discounted promotional price, the purchase contract regarding the discounted promotional goods ceases to be effective and the buyer is obliged to return to the seller also the goods at a discounted promotional price and the seller returns to the buyer the purchase price of these discounted promotional goods . If the buyer does not return the goods at a highly discounted price within the period set by the seller, the seller has the right to continue to demand an amount corresponding to the actual value of the unreturned product.
  12. The buyer acknowledges that according to § 1837 letter d) of the Civil Code, he is not entitled to withdraw from the contract if the goods are modified according to his wishes or were prepared only for him (individual products of the seller).

 

 7.  Withdrawal from the contract by the seller

  1. The seller is entitled to withdraw from the purchase contract especially due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or import of the goods or the price of the supplier of the goods has changed significantly, or it is not possible to deliver the goods to the seller from the seller's supplier at the originally stated price, also in case of an obvious error in the price of the goods (i.e. prices clearly different from the usual price for this type/type of goods).
  2. For example, the wrong indication of the first three digits instead of four is considered obvious in the price of the goods; a lower price by one digit (e.g. one digit "drops out" when specifying the price); an obviously low price of the goods (e.g. a 50% lower price than is usual for this kind and type of goods, without indicating that the goods are a sale or another discount event); and other obvious typographical errors, obvious errors in the product description, image, etc.
  3. The seller immediately informs the buyer of the withdrawal from the contract via the e-mail address specified in the order and returns within fourteen (14) days from the notification of withdrawal from the purchase contract all funds, including delivery costs, that he received from the buyer on the basis of the contract, namely in the same manner, or in another manner, as he may determine.

8. Rights from defective performance

  1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
  2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
    1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
    2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
    3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
    4. the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
  3. The seller's liability for defects does not apply to wear and tear caused by normal use and to goods sold at a lower price for a defect for which a lower price was agreed.
  4. In accordance with § 2104 of the Civil Code, the buyer is obliged to inspect the goods as soon as possible after taking them over and make sure of their properties and quantity.
  5. The period for asserting rights from defective performance begins on the day the buyer takes over the goods, i.e. the day indicated on the purchase document.
  6. If a defect becomes apparent within six (6) months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four (24) months of receipt.
  7. If the goods, on their packaging, in the instructions attached to the goods or in advertising, in accordance with other legal regulations, the period during which the goods can be used is indicated, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
  8. Rights from defective performance are asserted by the buyer with the seller in person at the seller's registered office, in writing at the address of the registered office, in person at the warehouse located at Kulkova 8, 615 00 Brno during delivery hours (Monday to Thursday from 1:00 p.m. to 4:00 p.m. and Friday from 11:00 a.m. to 14.00).
  9. Other rights and obligations of the parties related to the seller's liability for defects are regulated in the complaints procedure, which forms an integral part of these General Terms and Conditions

9. Out-of-court settlement of consumer disputes

  1. In the sense of § 1820 paragraph 1 letter j) of the Civil Code and § 14 paragraph 1 and § 20d et seq. of Act No. 634/1992, for the protection of the consumer, the seller informs that with a proposal for an out-of-court settlement of a consumer dispute, the consumer can turn to the body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification number: 000 20 869, on the website www.coi.cz. The Czech Trade Inspection handles proposals for the out-of-court settlement of consumer disputes in the manner and under the conditions set by the relevant legal regulations.
  2. For the avoidance of doubt, no provision of these terms and conditions precludes the consumer from taking his claim to a civil court.

 

10. Final Provisions

  1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
  2. The seller declares that he is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
  3. All rights to the seller's online store, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
  4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
  5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
  6. The general terms and conditions are attached to the complaints procedure and a model form for withdrawing from the purchase contract.

 

These terms and conditions take effect on 17 October 2022

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