TERMS AND CONDITIONS
These Terms and Conditions for Legacy Customers ("Terms and Conditions") stipulate the terms and conditions applicable to becoming a Legacy Customer, maintaining the Legacy Customer membership and the obligations related to the membership. These Terms and Conditions constitute a binding agreement between Oriflame Holdings BV (registered in Bolduc Building A, Utopialaan 52, 5232 CE 's-Hertogenbosch, The Netherlands), UK VAT: GB242 5054 35 | IE VAT: IE 3415893MH ("we" and/or "Oriflame") and the Legacy Customer (also "you").
The Terms and Conditions for Online Customers (click here to view) shall apply to Legacy Customers and shall form an integral part of these Terms and Conditions. In case of any inconsistency, contradiction or discrepancy between the terms of these Terms and Conditions and the terms of Terms and Conditions for Online Customers, the terms of these Terms and Conditions shall prevail.
We reserve the right to revise and interpret these Terms and Conditions at our discretion. We will inform you of any changes to these Terms and Conditions by email and on the Oriflame website. Such changes shall take effect immediately after the notification.
1. LEGACY CUSTOMERS
1.1 To become a Legacy Customer, a person must be a Beauty Consultant in good standing under a Consultant Agreement with Oriflame and either:
- inform Oriflame of his/her decision to cease to be a Beauty Consultant and to become a Legacy Customer during the transition period from the current to the new Oriflame Success Plan; or
- be classified as a Legacy Customer by Oriflame due to him/her not informing Oriflame of his/her preferred future status (i.e. whether he/she wants to continue as Beauty Consultant or to cease to be a Beauty Consultant and to become a Legacy Customer) within the transition period from the current to the new Oriflame Success Plan.
1.2 The above-mentioned transition period of the new Oriflame Success Plan is 06-09-2019 until 17-10-2019.
1.3 Your notice to Oriflame pursuant to clause 1.1(i) above shall constitute your notice of termination of your Consultant Agreement. Oriflame’s notice to you of its determination pursuant to clause 1.1(ii) above shall constitute Oriflame’s notice of termination of your Consultant Agreement. Accordingly, at the time of becoming a Legacy Customer pursuant to clause 1.1 above your Consultant Agreement shall forthwith terminate and you shall cease to be a Beauty Consultant on that date, including your right to continue using your PBS Tool under your current PBS Terms wich will be automatically terminated.
1.4 You acknowledge and agree that a Legacy Customer does not have any network of downline consultants and that by becoming a Legacy Customer under these Terms and Conditions you, you cease to be entitled to any benefits as a Beauty Consultant under its Success Plan and PBS Program, and you lose your existing network of downline consultants, if any, including past and current rights, benefits, and/or compensations belonging to your network.
1.5 As a Legacy Customer, you are entitled to a discount of 20-30 % (20% of immediate discount + 10% loyalty discount) of products provided by Oriflame. The exact discount percentage is determined by the BP value of your orders in one campaign, if the BP value is below 100 BP you are entitled to 20% of immediate discount; if the BP value is above 100 BP you are entitled to 20% of immediate discount + 10% loyalty discount. For further information about BP calculation and discounts please refer to Success Plan here.
1.6 As a Legacy Customer you are entitled to continue applying for credit under your current credit terms, for further information about credit terms please contact Customer Services at email@example.com (UK) firstname.lastname@example.org (IE).
2. OBLIGATIONS OF THE LEGACY CUSTOMER
As a Legacy Customer, you are considered a consumer. Consequently, you are not allowed to resell or otherwise redistribute the products bought by you from Oriflame. As a Legacy Customer you do not have any rights to participate in our trading scheme: our products are supplied to you strictly on a not for resale basis and you may not market or resell the products which you buy from us; you may not market our business opportunity or attempt to recruit others; and you may not earn any commissions or bonuses under our Success Plan.
3. TERMINATION OR ALTERATION OF THE LEGACY CUSTOMER PROGRAMME
3.1 We may, at any time and at our sole discretion, terminate or amend the Legacy Customer program or replace it with another program by notifying Legacy Customers of this in writing no later than three months before such termination, amendment or replacement. We are not obliged in any way to compensate for any possible loss and/or damages caused by such termination, amendment or replacement.
3.2 We are, at any time, at our sole discretion and for any reason, entitled to discontinue your role as a Legacy Customer by informing you of our decision three months before terminating your role as a Legacy Customer. We are not obliged in any way to explain such decision nor compensate you for any possible loss and/or damages caused by such termination.
3.3 We are, at any time at our sole discretion, entitled to discontinue your role as a Legacy Customer when you have given due cause therefore or no longer meet the requirements set out in these Terms and Conditions. Such termination shall become effective immediately. We are not obliged in any way to compensate any possible loss and/or damages caused by such termination. In such cases, we notify you in writing of the discontinuation of your role as a Legacy Customer and of the reason for the discontinuation. The above-mentioned due causes given by a Legacy Customer include, among others, any breach of the terms of these Terms and Conditions.
4. LAW AND JURISDICTION
If you are based in the United Kingdom these Terms are governed by English and Wales law and both we and you agree to submit any disputes arising out of these Terms to the exclusive jurisdiction of the courts of England and Wales or, if you are based in Scotland to the courts of Scotland, or, if you are based in Northern Ireland to the courts of Northern Ireland. If you are based in Republic of Ireland, these Terms are governed by the laws of the Republic of Ireland and both we and you agree to submit any disputes arising out of these Terms to the exclusive jurisdiction of the courts of the Republic of Ireland.