TERMS AND CONDITIONS
These Terms & Conditions and all other documents referred to by them (the " TERMS ") stipulate the Oriflame rules, principles and rights & obligations for beauty customers and, when you accept them, form a binding agreement between Oriflame Holdings BV registered in Utopialaan 52, 5232 CE 's-Hertogenbosch,
UK VAT: GB242 5054 35 IE VAT: 3415893MH
(" Oriflame ", " we ") and you (" you ", the " Oriflame beauty customer ", the " Beauty customer "). We therefore advise you to print and save a copy of these terms.
We reserve the right to revise these terms. The date of the last update can be found at the end of the terms. We will inform you about such changes as stated in these terms. You are responsible for keeping yourself up to date with such changes.
The following definitions are used in these terms:
- Ethical Code and Code of Conduct : the set of binding rules that form part of the Oriflame Success Plan, and that regulate the behaviour of beauty Consultants towards Oriflame, towards customers and towards other Oriflame beauty customers;
- Customer : any natural person, registered as an Oriflame customer or not, who purchases Oriflame products online (for example via the website) or offline (for example by telephone) and who, while doing so, acts wholly or mainly outside his / her business , craft or profession;
- Oriflame catalogue, Catalogue : a paper or electronic brochure issued periodically by Oriflame, which contains Oriflame Product offers and their recommended retail prices;
- Catalogue period: the period stated on the cover of each Catalogue and during which the offers from a given Oriflame Catalogue are valid;
- Oriflame group: Oriflame Holdings BV, its ultimate holding company and any unit that is directly or indirectly controlled by that ultimate holding company;
- Oriflame products, Products : cosmetics and the related accessories as well as certain dietary supplements offered for sale under the Oriflame Trademarks; the Catalogue describes the Products’ main characteristics;
- Oriflame Success Plan : the document explaining the benefits of cooperating with Oriflame and the earning opportunity that we offer. You can download a copy of the Success Plan here
- 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;
- Prices: the prices of the Oriflame Products set by Oriflame and displayed on the pricelists valid at the time of placing of the purchase order;
- Territory: United Kingdom (UK) and the Republic of Ireland (ROI).
- Personal data : the data that you provided when you registered as a beauty customer with Oriflame and additional information about you that you provide to us from time to time.
2. REGISTRATION AND MEMBERSHIP
2.1. You will be registered as an Oriflame beauty customer after we have accepted your request and assigned you a customer number. The conditions for your acceptance as an Oriflame beauty customer are stipulated in the Membership Rules section of the Code of Conduct
2.2. Both you and Oriflame can terminate your membership at any time as stipulated later in the terms.
2.3. Membership is personal and cannot be assigned or transferred to any other person
2.4. If you register a registration, we assume that you have received its authorisation in writing and will show it to us or third parties upon request. You can obtain this information by consulting the Form for information and permission. Unauthorized registrations are not permitted. We hold you fully liable for claims, costs and amounts arising from such registration. In addition, the person you have registered may have claims against you based on the applicable privacy laws and civil rights. You can, in some cases, also be prosecuted.
2.5. After your registration:
- You have the right to purchase Oriflame products in accordance with these terms and to make use of the other benefits stated in the Oriframe Success Plan;
- You are obliged to strictly adhere to the rules of these terms, including the rules of documents referred to in them.
3. RIGHT OF WITHDRAWAL (COOLING OFF PERIOD) AND THE EFFECTS OF THE MEMBERSHIP
You can at any time resign your membership without stating any reason by sending us a written notification of your resignation. As soon as we receive your notification we will acknowledge the receipt of your resignation. You can use the Cancellation Form in order to notify us about your resignation.
4. PURCHASE OF PRODUCTS
A. PLACING AN ORDER
4.1. You may place orders from the Catalogue by selecting the Products you wish to buy. Placing of the 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 who has selected them for you; or
- If ordering online, you have selected the Products you wish to purchase by using the option “add to shopping cart”; you may at any time review and modify the content of the shopping cart by changing the quantity of Products, deleting Products or removing the entire content of the shopping cart ;
- you have selected your preferred method of delivery and payment.
4.3. Once your online order has been placed, it cannot be changed via the website; you must then contact customer service via 0207 1180081 (UK) / 01485 1010 (IE)
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 summary of the Products shipped to you. It also contains important information about your rights as a consumer.
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 save for certain limited unavailability at Catalogue Period closing when we update the Catalogue.
4.9. Not all Products will be available at all times. 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, not be available due to maintenance or for various technical reasons. Oriflame is not responsible for such unavailability and will reject claims about it by customers or other visitors.
4.10.1 We can exceptionally allow you to place orders for others using a specific online tool. This will only be possible for people from your downline, as stated in the Oriflame Success Plan and only based on their explicit consent. If you use this option, you are solely responsible for all claims based on unauthorized ordering and generally all privacy violations and for costs and expenses that may arise for Oriflame or the person for whom you have placed the order in relation to this order.
B. PRICES AND PAYMENT
4.11 Except where noted otherwise, the prices of the products shown in the catalogue represent the full sales price of the products at the time the order is placed. All prices are shown in the local currency and inclusive of VAT.
4.12 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.
4.13 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.
4.14 The Prices may be discounted by us from time to time. Further discount may be provided to you in accordance with the Oriflame Success Plan. These may not always be indicated on your purchase invoices. You can always address any inquiries about Price calculations to Customer Services at email@example.com (UK) firstname.lastname@example.org (IE).
4.15 Payments can be made by credit card, by bank transfer or by other means specified in these Terms. Most of major payment cards are accepted. Normally your credit card is not charged until after your order is ready to be shipped. Should your credit card be exceptionally charged before your order has been shipped you will still be entitled to the refund under clauses 3.2, 3.3 and 5.3.
4.16 For the purposes of payment collection, we cooperate with Intrum Justica. 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..
4.18 For the safety of online payments made with a card, all payment information is encrypted. As Oriflame works with authorized payment service providers, credit card information is handled properly and in accordance with the international payment card industry data security standards.
C. DELIVERY AND TRANSFER OF RISK
4.19 The ordered Products can only be delivered in the Territory.
4.20 The place of delivery of the Products will be as chosen by you in your order.
4.21 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.
4.22 The risk of loss of Products and title to the Products will pass to you upon delivery of the Products.
4.23 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.
4.24 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
4.25 We guarantee 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. 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 02071180081 (UK) 014851010 (ROI) or e-mail us at email@example.com (UK) firstname.lastname@example.org (IE). You can use the model form in order to notify us about your cancellation. 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 (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. 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 may 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:
22.214.171.124.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;
126.96.36.199.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
188.8.131.52.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 4.5.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
6.OBLIGATIONS OF THE ORIFLAME BEAUTY CUSTOMER
6.1. Beauty Customers 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 at all times 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 in our name or on our behalf or in the name and on behalf of any other company in the Oriflame Group.
6.2. Should you choose to trade with the Oriflame Products you must obtain for yourself all permits, licenses, and generally make any and all registrations required under the laws of the Territory for the performance of an independent business practice, including any data protection registration (see clause 6.7) and tax registration. 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 data complies in all respects with national data protection and privacy laws (see clause 6.7 – 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 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.
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. When presenting the Oriflame Products, you will strictly observe the Rules of Conduct and the Code of Ethics.
6.7. As a Beauty Customer or Consultant 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.
6.8. 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, unauthorized 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.
6.9. You should also explicitly ask customers whether or not the wish to receive commercial messages from you about Oriflame, keep a record of and respect their preferences.
6.10. We expressly disclaim any liability for fines, costs, fees, and generally any expenses that may arise for you as a result of a violation of applicable data protection and privacy laws.
6.11. If you want to recruit a customer to become a beauty customer, you can collect certain personal information directly from the customer. You must strictly follow our sponsorship procedures from time to time. You have the limited right to process that customer's personal information only for the purpose of forwarding the personal information to Oriflame and / or that customer commercial messages (eg, messages designed to directly or indirectly display the goods, services or image of a customer). company) that are subject to certain conditions as described in clauses 6.12 and 6.13 below.
6.12. Our online tools can enable you to use a customer's personal information to send commercial messages, strictly subject to the following conditions:
- you must have recruited the customer to become a beauty customer, unless expressly agreed otherwise,
- such commercial messages only concern Oriflame products,
- the commercial message must be clearly identifiable as such,
- The communication contains your name and contact details as the sender of the commercial message and a valid e-mail address at which the customers can reach you to inform you of their preference to forgo further commercial messages.
- Commercial messages may not be sent to customers who have indicated they do not want to receive them.
- Promotional offers, such as discounts, premiums and gifts that are permitted by applicable law, must be clearly identifiable as such and the conditions that must be met to qualify for it must be easily accessible and clearly and unambiguously presented , and
- the content of such a commercial message complies with these terms and all applicable laws regarding commercial messages.
6.13. Under no circumstances are you permitted to send commercial messages on behalf of Oriflame or on behalf of Oriflame.
6.14. The beauty customer agrees and accepts that the terms of this agreement and the material referred to therein, including but not limited to the Oriflame Success Plan, is patented information and may not be used outside the activities mentioned in this agreement.
7. OBLIGATIONS OF ORIFLAME
7.1. We will deliver the products you have ordered depending on their availability.
7.2. We explicitly exclude any liability that is related to products shortages or products that are not in stock.
7.3. You receive directly from us or from another Oriflame unit or an external provider, the benefits / payments that accrue to you in accordance with the Oriflame Success Plan currently in force.
8.1 We may terminate your membership 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.
8.2. Your registration will expire if you have not placed an order during 17 consecutive Catalogue periods / one calendar year
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 email@example.com (UK) firstname.lastname@example.org (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. CODE OF CONDUCT
Oriflame strictly adheres to the Code of Conduct of Seldia (http://www.seldia.eu/sites/default/files/uploads/content-pdf/seldia_codeofconduct.pdf) and the World Federation of Direct Selling Associations (WFDSA) (http://www.wfdsa.org/files/world-codes/code-book.pdf). Oriflame requires its Consultants 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 email@example.com (UK) firstname.lastname@example.org (IE).
11. ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on this website, we do not warrant or represent that the 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.
We may provide links 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 this site may be linked for or that can be accessed by this site. Please inform us of any errors or inappropriate material found on websites to which this site is linked.
13. GENERAL TERMS
13.1 These Terms are governed by the laws of the Territory and any disputes arising out of, or in relation to the Terms shall be decided only by the competent courts of the Territory. The courts of the Territory will have non-exclusive jurisdiction
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. We reserve the right to update and amend these Terms. Any change or update will become effective from the moment of its publication on our website uk.oriflame.com and ie.oriflame.com.
13.5. Any such changes shall be accepted by you as a condition for your future use of the site and order of Products on it.We may require your explicit acceptance otherwise we will consider that you have accepted the changes if you continue to order Products after the changes have 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).
13.7. The notice period for any notice given under these Terms shall start on the date that the notice is posted by registered post. If notice is given by any other means, the notice period shall start running on the day of receipt of the notice.
14.1. If you register as a beauty customer, you explicitly agree that Oriflame, the Oriflame group and its authorized third parties (eg beauty customers, external suppliers and external service providers) may store, use and process your personal data (including through automatic means). We do this to meet our obligations to you based on these terms and for debt collection, fraud prevention, and marketing and statistical purposes.
14.2. We undertake to keep all personal information confidential and secure (although we reserve the right to disclose this information in the circumstances outlined below). We will keep this on a secure server and we will comply with all applicable data security and consumer legislation that is applicable locally from time to time.
- for processing your orders;
- for statistical or research purposes to improve our sites, online tools and our services to you;
- for presenting website content and advertisements to you;
- to manage our sites;
- for communicating with you including sending marketing material to you, if you have not indicated that you do not want to receive it.
14.4. When we provide your personal data to authorized external parties, we only provide the personal data they need to perform their services under clause 14.1. All authorized external parties are expressly prohibited from using personal data for other purposes and sharing personal data with others than us or as may be required by law.
14.5. You must be aware that if we are asked by the police or other regulatory or governmental agency that investigates suspected illegal activities to provide your personal data and / or user information, we are entitled to do so.
14.6. You have the right to inspect your personal data at any time. You can update your personal data by contacting customer service or directly via My pages on our website www.oriflame.co.uk
14.7. If you were previously registered as a beauty customer of Oriflame products, if you register on this site you also accept that some of your personal data will be forwarded by the Oriflame unit where you were originally registered to Oriflame Cosmetics. We may disclose personal information provided by you such as, without limitation: your beauty customer number, name, address, telephone number, e-mail address, and information about whether you would like to receive marketing material from us.
14.8. When registering as an Oriflame beauty customer, you confirm and agree that we can send you information about offers and promotions unless you disable this option. Oriflame can analyse your personal data to provide you with offers and information that is better tailored to your interests and specific store history. By accepting these terms, you expressly authorize such analyses.
14.10. Further relevant information about Oriflame Holdings BV is set out below.
Oriflame Holdings BV
Utopialaan 52, 5232 CE 's-Hertogenbosch
Telephone: 0207 1180081 (UK) / 01485 1010 (IE)
Trade or other public register
The Netherlands Chamber of Commerce:
Registration number: 16061386
UK VAT: GB242 5054 35
PLEASE CONTACT US
Name: Oriflame Holdings BV Address: Bolduc Building A, Utopialaan 52, 5232 CE 's-Hertogenbosch, The Netherlands
Phone: 0207 1180081 (UK) / 01485 1010 (IE)