Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period during which the consumer can exercise their right of withdrawal;
  • Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Continuous transaction: A distance contract regarding a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
  • Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers;
  • Distance contract: A contract concluded as part of a system organized by the entrepreneur for remote sales of products and/or services, where only one or more techniques for remote communication are used until the conclusion of the contract;
  • Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same physical location.
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company name: Got Shekels LLC
  • Trade name: HimaPeak
  • Customer Service: support@himapeak.com
  • Business Address: 30 N Gould ST STE R, Sheridan, WY  82801, US

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be inspected and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always invoke the provision that is most favorable to them.

If any provision of these general terms and conditions is wholly or partially void or annulled at any time, the rest of the contract and these terms remain in effect, and the affected provision will be replaced by a provision that best approximates the intent of the original provision.

Situations not covered in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of these terms should be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding.

The entrepreneur is entitled to modify and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains sufficient information for the consumer to understand their rights and obligations when accepting the offer. This includes:

  • The price, excluding import duties and VAT, which will be borne by the customer;
  • Any shipping costs;
  • The method of contract formation and the necessary actions;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the contract;
  • The deadline for accepting the offer or the period during which the entrepreneur guarantees the price;
  • If applicable, the minimum duration of a continuous transaction;
  • Any additional costs for communication if they exceed the basic rate;
  • Whether the contract is archived and how the consumer can access it;
  • The languages in which the contract can be concluded besides Dutch;
  • Any applicable codes of conduct and how the consumer can access them electronically;
  • The available sizes, colors, and materials, if applicable.

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate security measures for data transmission and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and examine relevant facts necessary for responsibly entering into the contract. If the entrepreneur has valid reasons based on this investigation, they may refuse an order or attach special conditions to execution.

The entrepreneur will provide the following information to the consumer in writing or in a manner that allows storage on a durable medium:

  • The business address for consumer complaints;
  • Conditions for and methods of exercising the right of withdrawal, or a clear statement if withdrawal is excluded;
  • Information on warranties and post-purchase services;
  • The details listed in Article 4, unless they were already provided before contract execution;
  • The conditions for termination if the contract has a duration longer than one year or is indefinite.

For continuous transactions, the above provision applies only to the first delivery.

Each contract is concluded under the condition of sufficient product availability.

Article 6 – Right of Withdrawal

For product purchases, the consumer has 14 days to withdraw from the contract without giving any reason. This period starts the day after receiving the product.

During this period, the consumer must handle the product and packaging carefully. They may inspect the product only to the extent necessary to decide whether to keep it. If they exercise their right of withdrawal, they must return the product in its original condition and packaging, following the entrepreneur’s reasonable instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product via a written notice/email. After notification, the product must be returned within 14 days. The consumer must provide proof of timely return, such as a shipping receipt.

If the consumer does not notify withdrawal within the timeframes mentioned in paragraphs 2 and 3 or does not return the product, the purchase is final.

The document continues with articles covering withdrawal costs, exclusions, pricing, conformity and warranty, delivery, payment, complaints, disputes, and legal compliance with CESOP regulations.