TERMS AND CONDITIONS
These Terms & Conditions (the “Terms”), the Success Plan (including the Code of Ethics and the Rules of Conduct), the Commercial Programs, Policies and Procedures stipulate the Oriflame rules, principles and rights and obligations for Brand Partners and together constitute, when you accept them, a binding agreement (“Agreement” or “Brand Partner Agreement”) between ORIFLAME HOLDINGS BV registered in Bolduc Building C, Utopialaan 52, 5232 CE 's-Hertogenbosch, The Netherlands), UK VAT: GB242 5054 35 IE VAT:3415893MH (“Oriflame”, “us”) and you (“you”, the “Oriflame Brand Partner” the “Brand Partner”) and supersede any previous agreements, representations or undertakings. We have provided copies of these documents to you and we advise you to print or save and retain a copy of these Terms and all other documents comprising the Agreement.
We reserve the right to revise the Agreement including these Terms. The date of the latest update may be found at the end of the Terms. We will inform you of such changes as explained in these Terms. You are responsible for keeping yourself to up to date with any such changes.
1. 1. DEFINITIONS
The following definitions are used throughout these Terms:
i. Code of Ethics and Rules of Conduct: the set of binding rules, constituting part of the Oriflame Success Plan, governing the behaviour of the Brand Partners towards Oriflame, towards Customers and towards other Oriflame Brand Partners;
ii. Customer: any natural person, whether registered as a customer with Oriflame or not, who purchases Oriflame Products online (for example through the website) or offline (for example by telephone) and who, while doing so is acting wholly or mainly outside his/her trade, business, craft or profession;
iii. Oriflame Catalogue, Catalogue: a paper or electronic brochure issued periodically by Oriflame that includes the actual Oriflame Product offers;
iv. Catalogue Period: the period indicated on the cover of each Catalogue during which the offers from a given Oriflame Catalogue are valid;
v. Commercial Programs: the marketing and sales programs, sponsored by Oriflame from time to time;
vi. Oriflame Group: Oriflame Holdings AG, its ultimate holding company, and any entity that is controlled directly or indirectly by that ultimate holding company including Oriflame;
vii. Oriflame Products, Products: cosmetics and the related accessories as well as certain dietary supplements offered for sale under the Oriflame Trademarks; the Oriflame Catalogue describes the Products’ main characteristics;
viii. Oriflame Success Plan or Success Plan: the document comprising Oriflame’s compensation plan and the Code of Ethics and Rules of Conduct forming part of the Brand Partner Agreement. You can download a copy of the Success Plan here;
ix. Oriflame Brochure: the document providing a quick and easy to understand presentation of the benefits of cooperating with Oriflame - the Oriflame Products and the earning opportunity we offer. Based on the Oriflame Success Plan, it is a shorter, easier to understand and present document;
x. Oriflame Trademarks: the name Oriflame, the Oriflame logo and the names of the products or the product ranges produced, marketed, sold or distributed by us;
xi. Policies & Procedures: those policies and procedures relevant to the benefits of the compensation plan, and any variations to the Success Plan made for local policy, forming part of the Brand Partner Agreement.
xii. Prices: the prices of the Oriflame Products set by Oriflame and displayed on the price lists valid at the time of placing of the purchase order;
xiii. Territory: United Kingdom (UK) and the Republic of Ireland (ROI);
xiv. Personal Data: the details provided by you upon your registration as a Brand Partner with Oriflame as well as any additional information about you that we may collect or that you may provide us with from time to time.
xv. Personal Information: information relating directly or indirectly to Customers, Oriflame Brand Partners and other third parties whose information you collect or otherwise process in the course of your relationship with Oriflame.
2. 2. REGISTRATION AND MEMBERSHIP
i. 2.1.You will be registered as an Oriflame Brand Partner after we have accepted your application and have granted you a Brand Partner number. The conditions of your acceptance as an Oriflame Brand Partner are stipulated in the “Membership” Rules section of the Rules of Conduct.
ii. 2.2.We may charge a starter administration fee at your registration and the price of a starter kit– which contains a set of documents, products and manuals helping to start your cooperation with us - which will be billed on your first purchase invoice. On each anniversary of your registration we may also charge you an annual renewal administration fee as well. As part of our Commercial Programs and marketing promotions, we reserve the right at any time and in our sole discretion, to charge or not for any starter kit or annual renewal administration fee, as well as to modify, remove, or add any registration requirements, which will be properly notified to you in advance in accordance with these Terms. Save as set out in this clause, you have no other financial obligation during the first 12 months of this Agreement.
iii. 2.3.This Agreement expires annually its anniversary date. You must apply to renew the Agreement and pay the annual renewal administration fee for the following year. We have the right in our absolute discretion to accept or reject a renewal application. Each annual renewal of this Agreement is made upon the then-current terms of the Agreement and your application to renew constitutes your acceptance of the then-current terms of the Agreement.
iv. 2.4.In the event you have not placed an order with us either (i) during the 12 months period until the first anniversary after your registration or (ii) 12 months after your last order was placed, your Brand Partner Agreement will expire automatically.
v. 2.5.Both you and Oriflame may at any time terminate this Brand Partner Agreement as stipulated further in the Terms.
vi. 2.6.The membership is personal to you and cannot be assigned or transferred to any other person without our prior written consent.
vii. 2.7.If you are exceptionally registering a sponsored person on her behalf, we would assume that you have obtained her authorisation. Unauthorised registrations are not allowed. We will hold you fully liable for any claims, costs and sums incurred due to such registration. In addition, the person whom you have registered may have claims against you on the basis of the applicable privacy and civil laws. You may also be, in some cases subject to criminal proceedings.
viii. 2.8.Upon your registration:
· You will be entitled to buy Oriflame Products in accordance with these Terms as well as use the other benefits set out in the Oriflame Success Plan and any other Commercial Programs;
· You will be obliged to adhere strictly to your Brand Partner Agreement including these Terms. These Terms are an integral part of your Brand Partner Agreement. In the event of any conflict between these Terms and any other document forming part of the Brand Partner Agreement, these Terms shall prevail.
3. 3. RIGHT OF WITHDRAWAL (COOLING OFF) AND EFFECTS OF THE CANCELLATION OR TERMINATION OF YOUR BRAND PARTNER AGREEMENT
i. 3.1.You can at any time terminate your Brand Partner Agreement without stating any reason and without penalty by sending us a written notification of termination to our address stated at the start of these Terms. As soon as we receive your notification we will acknowledge the receipt of your termination. You can use the Cancellation Form to notify us about your resignation at:
ii. 3.2.If you terminate your agreement within 14 calendar days after your registration we will refund you all fees and costs and will accept the cancellation of any services ordered but not yet supplied and the return of all Products (including training and promotional materials, business manuals and kits) bought by you. Any Products for which a refund is requested are to be returned to us at Oriflame Cosmetics, Suites E/F Old Stratford Business Park, Falcon Drive, Milton Keynes, MK19 6FG at your cost within 21 days of the date of your cancellation. For reasons of safety and hygiene we may refuse to accept cosmetic Products that have been unsealed where that means that those products are no longer in the same condition as at the time of purchase. The money paid in respect of those Products will be refunded on delivery of the Products, or forthwith if the Products have not yet been delivered by us.
iii. 3.3.If you terminate your agreement more than 14 days after your registration then:
· we shall refund to you any fees or charges paid by you within the 30 days prior to the termination (i) to become or remain a Brand Partner (including renewal fees); and/or (ii) for any required additional service offered by us (such as online training, ecommerce, or shipping), provided that we may deduct from the refund any commissions paid to the you related to the fees; and
· you may return to us at your own cost any products (including training and promotional materials, business manuals and kits) which you have purchased within 12 months prior to such termination and which remain unsold and we will pay you the price (inclusive of VAT) which you paid for the products less, where the condition of any such products has deteriorated due to your act or default, an amount equal to the diminution in their value resulting from such deterioration and a reasonable handling charge.
4. 4. BUYING PRODUCTS
A. PLACING AN ORDER
§ 4.1.You may place orders from the Catalogue by selecting the Products you wish to buy. Placing an order is considered to be an offer made by you to us to buy the selected Products.
§ 4.2.An order is considered to be placed when the following steps have been completed:
· if ordering by telephone, you have told our Customer Services employee which Products you wish to purchase and our employee has selected them for you; or
· if ordering online, you have selected the Products you wish to purchase by using the option “add to bag”; you may at any time review and modify the content of the shopping bag by changing the quantity of Products, deleting Products or removing the entire content of the shopping bag;
· you have selected your preferred method of delivery and payment.
§ 4.4.When we have accepted your order, an order confirmation will be sent to you by e-mail at which point the purchase contract will come into existence. We may refuse to accept your order without stating a reason for rejection. We will refund in full any payment you have already made.
§ 4.5.In addition to the order confirmation you will receive a packing list with your Products. The packing list provides a summary of the Products shipped to you. It also contains important information about your rights in relation to product returns and related matters.
§ 4.6.If you order online, please note the following:
· 4.6.1.the concluded contract will be not filed or accessible: the parts of the contract will be your order and the Terms on the site (which may be saved or printed) or as may be communicated by us using other means of communication;
· 4.6.2.the contract may only be concluded in ENGLISH and not in any other languages;
· 4.6.3.Oriflame subscribes to the Codes of Conduct set out in clause 9 of the Terms.
§ 4.7.Orders completed and paid for cannot be cancelled by you, except as described in clause 5.
§ 4.8.Orders can be placed at any time during the day except for certain limited unavailability at Catalogue Period closing when we update the Catalogue.
§ 4.9 Not all Products will be available at all times, and availability may vary based on location and timing. If a Product is out of stock at the time you place your order, we will use reasonable endeavours to inform you before your order is finalised so that you can change or abandon the order.
§ 4.10 The Catalogue may occasionally, and for limited periods of time, not be available due to maintenance or for various technical reasons. Oriflame will not be responsible for such unavailability and will reject any claims in respect thereof.
§ 4.11 We may exceptionally allow you to place orders for others by using a specific online tool. This will only be possible for your downline Brand Partners, as explained in the Oriflame Success Plan, and only based on their explicit authorisation. If you use this tool you will be solely responsible for any claims based on unauthorised ordering and generally any privacy violations as well as for any costs and expenses that Oriflame or the person you have placed the order for may incur in relation to this order.
B. PRICES AND PAYMENT
§ Except where noted otherwise, the Prices of the Products displayed in the Catalogue represent the full retail price for the Products at the moment the order is placed. All Prices are shown in local currency and are inclusive of VAT.
§ 4.13 We reserve the right to change the Prices at any time and in our sole discretion, but any change to the Prices of Products you select before placing your order will not form part of the contract between us unless you and we expressly agree that it will.
§ 4.14 The Prices do not include the costs of transport, delivery and any other fees and charges that are clearly indicated as being additional charges to the price during the ordering process and that may vary depending on the delivery method chosen by you. You acknowledge and agree that Prices can vary from time to time as a result of impositions, taxes, duties, encumbrances or government fees on the Products and regarding any of the Brand Partner’s activities under the Brand Partner Agreement, as a consequence of either new regulations or any decision from any authority.
§ 4.15 The Prices may be further discounted by us from time to time. You can always address any inquiries about Price calculations to Customer Services at email@example.com (UK) firstname.lastname@example.org (IE)
§ 4.16 Payments can be made by bank card, by bank transfer or by other means specified in these Terms. Most major payment bank cards are accepted. Normally your bank card is not charged until after the availability of the products in the shopping bag has been verified. You will always be entitled to the refund under clauses 3.2, 3.3 and 5.3.
§ 4.17 For the purposes of payment collection, we cooperate with Intrum Justica and/or any other third suppliers as we may notify you in advance from time to time. You may expect to receive invoices and communication about the payment from this external service provider. As a rule all invoices must be paid within 14 days according to the instructions noted therein. Late payments interest may be charged on a daily basis at the prevailing Collection Agency interest rate as well as the reasonable costs of recovering the debts.
§ 4.19 For the safety of online payments made with a card, all payment information is encrypted. As Oriflame works with authorised payment service providers, credit card information is handled properly and in accordance with the international payment card industry data security standards.
§ 4.20 If we provide the option of recurring card payments, you will have the possibility to explicitly select and subscribe for this convenient payment method. Any further payments will then be authorised against your payment card at the time the order is placed, and the amount will be charged to your payment card at the moment Oriflame dispatches the ordered products. You will be able to withdraw from the recurring payment at any time by going to your profile page and clicking on the payment card tab.
C. DELIVERY AND TRANSFER OF RISK
§ 4.21 The ordered Products can only be delivered in the Territory.
§ 4.22 The place of delivery of the Products will be as chosen by you in your order.
§ 4.23 We will process and deliver your order as quickly as possible but no later than 30 days after the order has been confirmed by us. We shall not be liable for delays in delivery caused by circumstances beyond our control.
§ 4.24 The risk of loss of Products and title to the Products will pass to you upon delivery of the Products.
§ 4.25 Oriflame will not be responsible for non-delivery, wrong or late delivery of an order caused by the provision by you of incorrect or incomplete Personal Data.
§ 4.26 We reserve the right to unilaterally cancel an order placed by you at any time if we reasonably suspect that you are in breach of any of the Terms.
D. CONFORMITY OF OUR PRODUCTS
§ 4.27 We warrant that the Oriflame Products are manufactured in accordance with the Guidelines for Good Manufacturing Practices for cosmetic products EN ISO 22716:2007 and the Oriflame Code of Practice.
5. 5. RIGHT TO CANCEL ORDERS
§ 5.1.We strictly adhere to the Product return rules applicable in the Territory (see clause 5.3 for further information).
§ 5.2.Without prejudice to your right to cancel any order and return a Product, upon receipt of the delivery you should check its content to make sure that it does not contain any Products that might have been damaged during transportation. You, or the person receiving the Products in your name, must notify Customer Services immediately by submitting a claim and describing the damage/defect. You can also send the claim by e-mail at email@example.com (UK) firstname.lastname@example.org (IE). .
§ 5.3.Rights of return and refund
· 5.3.1.You may cancel an order for Product(s) without giving any reason during the period set out below in clause 5.3.2. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the order and receive a refund.
· 5.3.2.You may cancel an order at any time even after you have received the order confirmation by e-mail or after your order has been verbally accepted by Customer Services but no later than 14 calendar days from the day you receive physical possession of the Product or the last of the Products if you ordered more than one.
· 5.3.3.To cancel an order, please contact Customer Services by telephone on Customer Services by telephone on 02071180081 (UK) 014851010 (ROI) or e-mail us at email@example.com (UK) firstname.lastname@example.org (IE). You can use the model form to notify us about your cancellation available at Oriflame Cosmetics, Suites E/F Old Stratford Business Park, Falcon Drive, Milton Keynes, MK19 6FG, but you do not have to do so. If you complete this form online and submit it through our website, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. You may wish to keep a copy of your cancellation notification for your own records. You just need to exercise your right to cancel before the cancellation period has expired. Therefore, if you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
· 5.3.4.You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for delivery to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.We will process the refund due to you as soon as possible and, in any case, within (a) 14 calendar days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 calendar days after the day you provide evidence that you have returned the Products or (c) if no Products were supplied, 14 calendar days after the day on which you gave us notice of cancellation. Products are to be returned to us at your own cost, except that if you returned the Products to us because they were faulty or mis-described, please see clause 5.3.4.
· 5.3.5.If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
· 5.3.6.We will refund you on the credit card, debit card or other means used by you to pay, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
· 5.3.7.If the Products were delivered to you:
§ 18.104.22.168.you must return the Products to us without undue delay and in any event not later than 14 calendar days after the day on which you cancel the order/contract. The deadline is met if you send back the Products before the period of 14 days has expired;
§ 22.214.171.124.unless the Products are faulty or mis-described (in this case, see clause 5.3.5), you will be responsible for the direct cost of returning the Products to us; and
§ 126.96.36.199.you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
· 5.3.8.Details of your legal right to cancel and an explanation of how to exercise it including a suggested Returns Form are provided on the packing list as described clause 4.6.You can also download the returns Form here:
· 5.3.9.We are under a legal duty to supply Products that conform to the contract. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 5.3 or these Terms. Advice about your legal rights in the Territory is available from your National Consumer Advice Centre.
§ 5.4.We further guarantee the quality of any Product which carries the Oriflame name and certify that they are manufactured by, or for us meet the highest standards of quality. We are confident that our Customers will find our Products satisfactory in every way. We therefore offer a further Oriflame guarantee that allows you to exchange or get a full refund for any Product you are not completely satisfied with.The refund shall be claimed within 30 days from your receipt of the Product.This guarantee does not apply to any Product intentionally damaged or misused.Unless communicated otherwise returns and refunds under this clause shall be made in accordance with the terms of the preceding paragraphs of this clause 5. This guarantee does not affect your statutory rights.
6. 6. OBLIGATIONS OF THE ORIFLAME BRAND PARTNER
§ 6.1.Brand Partners buy and may sell the Oriflame Products in their own name and on their own account. Should you choose to trade with the Oriflame Products you will be considered and shall always act as an independent person (self-employed/sole trader) and not as an Oriflame agent or employee. You shall not have any authority to negotiate, buy, sell or generally conclude any agreements or purchases in our name or on our behalf or in the name and on behalf of any other company in the Oriflame Group. You acknowledge that you are not a 'commercial agent' within the meaning and for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (as from time to time amended).
§ 6.2.Should you choose to trade with the Oriflame Products, you must (i) comply with all applicable laws and regulations with respect to your activities under this Agreement; and (ii) obtain for yourself all permits, licences, and generally make all registrations and declarations required under the laws of the Territory for the performance of an independent business practice, including any data protection registration and tax registration (see clause 6.7). You are solely responsible for the reporting and payment of any taxes, duties and fees applicable to such activity. You are solely responsible for ensuring all aspects of your use of your Customers' Personal Information complies in all respects with national data protection and privacy laws (see clause 6.6 – 6.13).
§ 6.3.We allow the return and exchange of Products as described in the Terms, for your Customers as well as for you. You acknowledge and agree that it is your responsibility to inform your Customers of their right to return the Products, and you shall make any return of Products to us on their behalf.
§ 6.4.You shall uphold the image and reputation of Oriflame. You shall not make any statements, nor perform any acts, which might be detrimental to the image of Oriflame or the Products.You shall operate your business in a lawful and ethical manner and not make any false, misleading or exaggerated claims about the Products. You must not use misleading, deceptive or unfair recruiting methods and must not make unrepresentative or exaggerated earnings claims. You shall promote the Products in accordance with the Catalogue and pursuant to the directions as provided by Oriflame.
§ 6.5.You acknowledge that the Oriflame Trademarks, our trade name and logo, our online tools and our databases are the property of Oriflame, and you agree not to infringe them in any way. For avoidance of doubt, all goodwill in the Oriflame name accrues to Oriflame. At our request, you will sign such documentation as we reasonably request to confirm this.
§ 6.6.The Brand Partner agrees and accepts that the terms of this agreement and the material referred to in it, including but not limited to the Oriflame Success Plan, Commercial Programs, our databases (including, but not limited to, any database containing Personal Information) and our online tools are proprietary information and the subject of our intellectual property rights. The Brand Partner shall not use them, or any part of them, other than in the course of the activities authorised in this agreement.
§ 6.7.You are eligible to qualify for any of the benefits of those Commercial Programs sponsored by Oriflame which are available to all Brand Partners. To remain eligible for those benefits you must adhere to the terms and conditions applicable to those Commercial Programs.
§ 6.8.When presenting the Oriflame Products, you will strictly observe the Rules of Conduct and the Code of Ethics.
§ 6.9.If you supply any promotional or training materials or provide any training for other Brand Partners for which a charge is made, you will strictly observe the Rules of Conduct in relation to those matters. Your own rights in relation to any paid-for training that we may provide to you are also set out in the Rules of Conduct.
§ 6.10.You herby indemnify and shall defend and hold us, our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against any and all actions, proceedings, claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of this Agreement by you or any other liabilities arising out of your collaboration with Oriflame.
Data Protection Responsibilities
§ 6.11.As a Brand Partner you may collect, record, store, use and update Personal Information. As an independent data controller of such Personal Information, you warrant and agree that you will comply with all applicable data protection and privacy laws, including without limitation, Regulation (EU) 2016/679 (the General Data Protection Regulation) and Directive 2002/58/EC (the e-Privacy Directive), each as implemented by national law, amended, supplemented and replaced from time to time. Under these laws, you may be required to register with the relevant Data Privacy Authority, unless you are exempt, and must comply with the data protection principles. It is your responsibility to assess your need to register and to perform such registration if required and to comply with the data protection principles.
§ 6.12.If you wish to sponsor a Customer to become a Brand Partner, you may collect Personal Information directly from the Customer. You must follow our procedures for sponsorship as communicated to you from time to time and ensure that all use of Personal Information complies with applicable law.
§ 6.13.You will, in particular, take appropriate technical and organisational security measures to protect the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Having regard to the state of the art and the cost of their implementation, those measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the Personal Information to be protected.
§ 6.14.You shall notify Oriflame immediately upon becoming aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information by emailing Oriflame at email@example.com and explaining the nature of the incident and the affected records.
§ 6.15.If at any time you receive a request seeking to exercise rights in accordance with data protection legislation from a Customer or other person about whom you process Personal Information, you shall comply with such a request to the extent required by applicable law and in accordance with any policies, procedures or training supplied to you by Oriflame from time to time.
§ 6.16.You may process Personal Information only in accordance with the privacy notice supplied by you to Customers and other Oriflame Brand Partners. Upon termination of your relationship with Oriflame, you warrant and agree that you will destroy all Personal Information in your possession or under your control without undue delay.
§ 6.17.We explicitly disclaim any liability for any penalties, costs, fees and generally any expenses that you may incur as the result of any breach of applicable data protection and privacy laws.
Marketing and Commercial Communications
§ 6.18 You must ask Customers expressly whether they wish to receive marketing communications about Oriflame products from you, and you must obtain affirmative consent before sending any such communications. You must keep a record of the marketing preferences of any recipient of marketing communications from you, which includes a record of the date on which the consent was provided and the language that was agreed to. Any marketing communication you send must inform the recipient of his or her right to unsubscribe from future communications and how he or she may exercise this right, including by informing you by email of his or her desire to unsubscribe. You agree to and warrant that you will respect the preferences of any recipient of such communications.
§ 6.19 Our online tools may allow you to use a Customer’s Personal Information to send marketing and other commercial communications, subject to the following conditions:
· you must have sponsored the Customer to become a Brand Partner, unless otherwise expressly agreed,
· marketing and other commercial communications must concern only Oriflame Products,
· the commercial or marketing communication shall be clearly identifiable as such,
· the communication includes your name and contact details as the sender of the commercial communication and a valid address (and/or other means, such as an unsubscribe link) by which Customers can reach you to notify you of their preference to opt out of further marketing communications,
· marketing communications must not be sent to Customers that have opted out of receiving them,
· promotional offers, such as discounts, premiums and gifts, where permitted by applicable law, shall be clearly identifiable as such, and the conditions which are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously, and
· the content of such commercial and marketing communications is compliant with these Terms and all applicable law regarding commercial communications.
§ 6.20 Under no circumstances are you permitted to send marketing or other commercial communications on behalf of Oriflame or in Oriflame’s name.
7. 7. ORIFLAME OBLIGATIONS
§ 7.1 We will deliver any Products ordered by you subject to availability.
§ 7.2 We expressly exclude any liability related to Product shortage or Products being out-of-stock.
§ 7.3 You will receive, directly by us or by another Oriflame entity or third-party provider, any benefits/ payments due to you in accordance with the Oriflame Success Plan currently in force.
8. 8. TERMINATION
We may terminate your Brand Partner Agreement with immediate effect by notice in any of the following circumstances:
· if you make any statement or provide any Personal Data that is materially inaccurate or untrue;
· if a petition for your bankruptcy is presented to any court or if you are unable to pay your debts to us as and when they fall due;
· if you commit a breach of any of the provisions of the Terms that is not capable of remedy or in case of a breach of any of the provisions of the Code of Ethics and the Rules of Conduct;
· if you commit a breach of any of the provisions of the Terms, including the documents referenced to herein and fail, in the case of breach capable of remedy, to remedy that breach within 14 days after receipt of a written notice from us.
9. 9. COMPLAINT HANDLING
§ 9.1. The Oriflame Complaint Handling procedure is outlined in the Rules of Conduct.
§ 9.2 You can always file any complaint, question or request with the Oriflame Customer Services at 02071180081 (UK) 014851010 (ROI) or e-mail us at firstname.lastname@example.org (UK) email@example.com (IE). If you are not satisfied with reply from the Oriflame Customer Services you may contact the Direct Selling Association UK and Ireland, or the European Direct Selling Association (Seldia) at www.fairselling.eu.
10. 10. CODE OF CONDUCT
Oriflame strictly adheres to the Code of Conduct of the UK Direct Selling Association (www.dsa.org.uk), Seldia (SELDIA Code of Conduct 2019) and the World Federation of Direct Selling Associations (WFDSA) (http://www.wfdsa.org/files/world-codes/code-book.pdf). Oriflame requires its Brand Partners to strictly adhere to these codes as further implemented in the Oriflame Code of Ethics and Rules of Conduct. You can also obtain copies of these documents from Customer Services at 02071180081 (UK) 014851010 (ROI) or e-mail us at firstname.lastname@example.org (UK) email@example.com (IE)
11. 11. ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on our website, we do not warrant or represent that our website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/ or changes to the site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact Customer Services.
12. 12. LINKS
We may provide links from our website to third party websites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other websites to which our site may be linked or that can be accessed by our site. Please inform us of any errors or inappropriate material found on websites to which our website is linked.
13. 13. GENERAL PROVISIONS
§ 13.1 Your Brand Partner Agreement is governed by and shall be construed in accordance with the laws of the England and Wales. If you are based in the United Kingdom any disputes arising out of, or in relation to your Brand Partner Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales (or, if you are based in Scotland to the courts of Scotland or in Northern Ireland to the courts in Northern Ireland). If you are based in the Republic of Ireland, any disputes arising out of, or in relation to your Brand Partner Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
§ 13.2 If any provision of the Terms is held to be unlawful, void or for any reason whatsoever unenforceable, the invalidity of that provision shall not affect the validity of the rest of the Terms.
§ 13.3 The failure of Oriflame to enforce any of the provisions herein shall not be deemed a waiver of their enforceability.
§ 13.4 As an independent Brand Partner you acknowledge and agree that we reserve the right to update and amend the Agreement including these Terms, the Commercial Programs, the Policies & Procedures and the Success Plan. Any change or update will become effective from the moment of its publication on our website uk.oriflame.com, provided that we shall provide at least 60 days’ notice of any change in the Brand Partner’s financial obligations.
§ 13.5 Any such changes shall be accepted by you as a condition for your continued status as a Brand Partner including your future use of the site and ordering of Products on it. We may require your explicit acceptance of a change or otherwise we will consider that you have accepted the change if you continue to carry out any activities as an independent Brand Partner including to order Products after the change has been implemented.
§ 13.6 We may send you alerts, notifications, e-mail, direct mail and generally communicate with you. You can update your preferences for marketing communications from us at any time by logging into your user settings. By accepting these Terms you agree that Oriflame will send you any other information/ communications regarding your contract and/ or your purchase orders on durable medium other than paper (i.e. via e-mail or any other means addressed personally to you that allow you to store the information in a way accessible for future reference for a long enough period and that also allows you the unchanged reproduction of such information).
§ 13.6 Any notice given under this Agreement, which is given by recorded delivery overnight post or by first class post to the address of the party set out on this Agreement, or to such other address as shall have been notified from time to time in writing by one party to the other, shall result in the period of notice commencing to run (i) in the case ofrecorded delivery overnight post from the day after such notice is posted, and (ii) in the case of first class post from the second business day after such notice is posted. . If notice is given by any other means, the notice period shall start running on the day of actual receipt of the notice.
14. 14. PRIVACY NOTICE
§ 14.1 You acknowledge that you have read and understood that Oriflame may process your Personal Data in accordance with the Oriflame Privacy Notice.
§ 14.2 Further relevant information about Oriflame Holdings BV is set out below.
Name: Oriflame Holdings BV
Address: Bolduc Building A, Utopialaan 52, 5232 CE 's-Hertogenbosch, The Netherlands
Trade or other public register
The Netherlands Chamber of Commerce Commercial Register registration number: 16061386
VAT numbers UK VAT: GB242 5054 35
15. 15. CONTACT US
If you have any questions or concerns about your Brand Partner Agreement including these Terms, please e-mail us at please e-mail us at firstname.lastname@example.org (UK) or email@example.com (ROI) or call us on number 0845 230 2255 (UK) or 1890 920 255 (ROI).
Last updated: October 2020