PERSONAL BEAUTY STORE

TERMS AND CONDITIONS

ABOUT THE PERSONAL BEAUTY STORE

The Personal Beauty Store (the “PBS”) provides you the opportunity to, among other things, prospect new customers online and to invite your Customers and VIP Customers to shop online. With the PBS you can qualify for benefits under multiple PBS Programs when customers purchase directly from Oriflame online.

A list of terms used in this agreement is set out in clause 15. The current PBS Programs are set out in clause 5.

1. REGISTRATION

1. These terms and conditions (the “PBS Terms”) form an 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 (“Oriflame”, “us”) and you ("you", the "Beauty Consultant").

    

2. If you wish, you can register for participation in any of the PBS Programs and use the related tools by completing the online registration process and accepting these PBS Terms by ticking the box indicating your acceptance. You can then participate in the PBS Programs if you satisfy the eligibility criteria and after we confirm your acceptance.

    

3. The acceptance of these PBS Terms constitutes a binding agreement between Oriflame and you in connection with the PBS. We therefore advise you to print a copy of these Terms and Conditions – such option is provided at the end of the document.

    

4. These PBS Terms are separate, but in addition, to your Oriflame Consultant Agreement including the Beauty Consultant Terms and Conditions and Consultant Privacy Policy to which you have already agreed. You must comply with the terms of your Beauty Consultant Agreement and in the event of any inconsistency your Beauty Consultant Agreement takes priority.

2. WHEN ARE YOU ELIGIBLE FOR PBS? 

2.1       General Eligibility Criteria for PBS Programs.

To be eligible to participate in any PBS Programs and qualify for the benefits of these Programs, you must meet the “General Eligibility Criteria”, as follows: 

1. You are, and will at all times remain, duly registered as an Oriflame Beauty Consultant; and
2. You have no outstanding debt; and
3. You have accepted these PBS Terms.

To qualify for the benefits of any PBS Program in any Catalogue Period, you must meet the General Eligibility Criteria for each Catalogue Period.

2.2       Additional requirements to qualify for benefits under an PBS Program.

In addition to the General Eligibility Criteria, to qualify for the benefits under a PBS Program in a particular Catalogue Period you must also, in that Catalogue Period, comply with the requirements for the relevant PBS Program as described in clause 5.

3. ORIFLAME GENERAL OBLIGATIONS

Oriflame will, in accordance with and subject to these PBS Terms:

1. create, operate and maintain the PBS Pages;
2. give you one or more PBS Links on the PBS Pages;
3. give Potential Customers, your Customers and VIP Customers who access the Oriflame website via your PBS Links use of the Oriflame website in accordance with Oriflame’s standard terms of use and conditions, policies and procedures from time to time; and
4. offer you the benefits of any PBS Program in accordance with its policies and procedures from time to time.

4.         YOUR GENERAL OBLIGATIONS

You will in accordance with and subject to these PBS Terms:
 

(a)        share the PBS Link in your Content in order to link your Content to the Oriflame website; and

(b)        give Oriflame the right to use your name and/or username on PBS Pages and in PBS Links.

5. PBS PROGRAMS.

Oriflame currently offers three (3) different PBS Programs as outlined below.

5.1       PBS PROGRAM ONE – Sponsored online customer– through PBS link 

1. Requirements

   For each Catalogue Period, to qualify for the benefits connected with this PBS Program you must comply with each of the following:

   1. meet the General Eligibility Criteria.

      If, in any catalogue period you fail to comply with eligibility criteria for this PBS Program, then for that Catalogue Period you will forfeit your right to receive PBS Program benefits and those benefits will be withheld until the requirements are met.

       

2. Process: How Online Customers are registered as an Oriflame VIP Costumer and become linked to you: 

   (i) the Online Customer enters the Oriflame website as a Potential Customer or Customer through your valid PBS Link and that PBS Link is the “last in time” (as defined below) 

   (ii) the Online Customer registers as a VIP Customer before the expiration or deletion of the PBS Customer Cookie;

   (iii) the Online Customer allows cookies to be saved on their computer or any other electronic device; and

   (iv) the Online Customer is not connected to another Oriflame Consultant.

    

3. Last in time principle: The VIP Customer is linked to the Oriflame Beauty Consultant whose PBS link was last used by that Online Customer to go to the Oriflame website before they registered as a VIP Customer.

    

4. Benefits 

Your benefits for Qualifying Purchases made by a VIP Customer who is connected to you, are:

1. BP for all Qualifying Purchases are included in your total Personal Bonus Points; and

    

2. BV for all Qualifying Purchases are included in your total Personal BV and

    

3. VIP Customer Bonus for all Qualifying Purchases in accordance with Success Plan.
   
   

5.2       PBS PROGRAM TWO – Drop-in online customer connected to allocated consultant

1. Requirements

   For each Catalogue Period, to qualify for the benefits connected with this PBS Program you must comply with each of the following:

   1. meet the General Eligibility Criteria;

      If, in any Catalogue Period you fail to comply with eligibility criteria for this PBS Program, then for that Catalogue Period you will forfeit your right to receive PBS Program benefits and those benefits will be withheld until the requirements are met.

       

2. Process – allocation of drop-in online customer:
   1. An Online Customer enters the Oriflame Website and commences the VIP Customer registration process and they do not have a PBS Cookie saved on their computer or any other electronic device they use;
   2. During the registration process the Prospecting Customer will be asked to register as a VIP Customer
   3. If the Prospecting Customer wishes to become a VIP Customer, he/she will be allocated to the nearest criteria in accordance with the Oriflame general criteria set forth in section 5.4

       

3. Benefits:

Your benefits for Qualifying Purchases made by a VIP Customer who is allocated to you, are:

1. BP for all qualifying purchases from second order are included in your total Personal Bonus Points; and
2. BV for all qualifying purchases from second order are included in your total Personal BV; and
3. VIP Customer Bonus for all Qualifying Purchases from the second order.
   
   

1. Requirements

   For each Catalogue Period, to qualify for the benefits connected with this PBS Program you must comply with each of the following:

   1. meet the General Eligibility Criteria;
   2. You been an Active Beauty Consultant by placing orders within current or last 2 Catalogue Periods - A Beauty Consultant is Active in a Catalogue Period for the purposes of a PBS Program if (i) the Beauty Consultant has placed a 100 PBP order (including VIP Customers) in that period, and (ii) the Beauty Consultant has an active PBS (order (no minimum order) each catalogue); and
   3. Minimum 100 BP in each of last three catalogues

      If, in any catalogue period you fail to comply with eligibility criteria for this PBS Program, then for that Catalogue Period you will forfeit your right to receive PBS Program benefits and those benefits will be lost and transferred to the benefits under PBS Program 3, shared by those qualifying on above requirements.
      
      

2. Process:
    
   1. During the registration process the Prospecting Customer will be asked to register as a VIP Customer
   2. If the Prospecting Customer does not wish to be registered as VIP Customer, he/she will be allocated to the “Guest Customer” group

       

3. Benefits: 

1. All BVs accrued from the Guest Customers Group are collected in a joint PBS account.
2. Each Oriflame Beauty Consultant who meets requirements of 5.3 (a) will receive a proportionate equal part of the accumulated BV from the joint PBS account during such period.

5.4       ALLOCATION OF BENEFITS

1. All benefits connected with Qualifying Purchases will be recorded in the relevant Catalogue Period in which the Qualifying Purchase was made.

    

2. Oriflame has sole discretion to determine how a VIP Customer should be allocated to a particular Oriflame Beauty Consultant (if any) and in which Catalogue Period a Qualifying Purchase was made.

6. NO AGENCY AND NO AFFILIATION

6.1 You acknowledge that you do not have authority to legally bind Oriflame in relation to Potential Customers, VIP Customers, other users or anyone else and that you have not been appointed as the agent of Oriflame for any purpose.

6.2 You acknowledge that you do not have the authority to negotiate, buy, sell or generally conclude agreements or purchases in our name or on our behalf, neither assisting Oriflame in any negotiation process with Potential Customers, Guest or VIP Customers. Any Customers introduced by you will purchase from the Oriflame catalogue at the prices published by Oriflame in that catalogue; they will select the goods for themselves and will place their orders direct and not through you.

6.3 You acknowledge that you cannot negotiate or change the conditions of the sales or the prices of the Products which matters are the exclusive right of Oriflame.

6.4 You must not make any representation or commitment to any person about Oriflame, Oriflame’s website, PBS Pages or any of the products available to be bought on Oriflame’s website.

6.5 Your identification and presentation of yourself to Potential Customers and VIP Customers shall not create uncertainty or as to your identity. In particular, you must not make any statements, whether in your Content or otherwise, that would give anyone the impression that you represent Oriflame in any capacity other than as an independent Beauty Consultant or that would be in conflict of this clause 6.

7. CUSTOMER CONTACT AND PERSONAL DATA PROTECTION

7.1       Rules of Behaviour 

1. If permitted by a Customer or VIP Customer you can contact your Customers or VIP Customers with information and recommendations about products, complementary products or samples or to follow up on their purchases.
2. We strongly advise you to refrain from contacting Customers or VIP Customers regarding the Oriflame opportunity unless a Customer or a VIP Costumer has specifically asked for it.
3. You should aim at responding promptly, as the situation may permit, to any enquiries from your Customers and VIP Customers.
4. When addressed with a Customer or VIP Customer question or request which you cannot answer or cannot satisfy, or if you are in anyway uncertain about the correct approach to the Customer or VIP Customer you should direct the Customer or VIP Customer to Oriflame Customer Service.
5. We remind you that by being an Oriflame Beauty Consultant you have agreed to strictly adhere to our Codes of Ethics and Rules of Conduct and that any violation thereof may give us the grounds to terminate your registration to use the PBS, or your registration as an Oriflame Beauty Consultant.
6. In your contacts with Potential Customers and VIP Customers you will only make such representations that are truthful, clear and understandable. Any claims about Oriflame products shall be in line with the claims authorised by Oriflame.
7. During the time when you use any tool or website in connection with PBS Programs you will be solely responsible for maintaining the confidentiality of any accounts, password and other similar data that you may create, or may be required by us to create, and for restricting access to your computer or any other electronic device you use, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
8. You are solely and fully liable for materials, links and generally any Content posted or published by you. Any such Content published is published at your risk. Should Oriflame or its related companies incur any damage, penalty, loss, fee and generally owe payment due to the content published by you or should we be held liable in any way for such content, we will seek full compensation from you (including for loss of reputation).
9. You are explicitly warned that you cannot in your Content which mentions Oriflame, the business opportunity, Oriflame products or is in connection with the use of PBS Links or tools: 

1. make statements which are incompatible with law, abusive, hateful sexist, racist, prejudiced, or discriminatory on any grounds including ethnicity as well as promoting fear or violence;
2. make statements recognized as generally not moral, false, or socially unsuitable, including for example by breaching the Oriflame Code of Ethics or Rules of Conduct, or advertising, promoting or informing about Oriflame competitors offers;
3. include corrupted files, viruses or Content or links that generally jeopardise the integrity, privacy and the ability to use any of our, or any websites;
4. make statements which are unrealistic, or which are exaggerated claims and representations or claims and representations that may be generally misleading for the Potential Customers or VIP Customers and any third parties, whether related to the Oriflame products, our business opportunity and you.

7.2       Data protection rules

1. Once a Customer or VIP Customer is connected to you, you might be able to see certain Customer and VIP Customer personal data, e.g. name, email, detailed products list based on the orders, which may only be seen with the Customer and VIP Customer explicit consent; and
2. We remind you of your responsibility to keep any Customer or VIP Customer personal data strictly confidential and to protect it from unauthorised access, disclosure or from corruption or loss;
3. We also remind you of your limited right to use and process the Customer and VIP Customer personal data only for the purposes of the PBS, as provided in these PBS Terms. Any other use of the Customer or VIP Customer personal data is considered unauthorised and is prohibited;
4. We also remind you of your general acceptance to comply with all the requirements of the applicable law regarding the Customer and VIP Customer personal data;
5. We remind you of the protection of personal data rules contained the Consultant Terms and Conditions and Privacy Policy.

8. INTELLECTUAL PROPERTY 

You agree that Oriflame and its licensors own all intellectual property rights in the Oriflame website, PBS Pages and all Oriflame’s products. Except as expressly stated, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses belonging to Oriflame. All such rights are reserved to Oriflame.

9. UPGRADES, CONTENT USE LIMITATIONS

9.2       Oriflame may send you alerts, notifications, e-mail, regular mails and generally communicate with you in any acceptable way the introduction of the Upgrades.

9.3       The Upgrades will be considered accepted if you continue to use the PBS tools and participate in PBS Programs after the Upgrades have been implemented. Oriflame has sole discretion to determine the content and layout of the Oriflame website and PBS Pages. Your only remedy in case of nonacceptance of any Upgrade is to stop participating in PBS Programs and terminate this agreement.

10. TERMINATION

10.1     We may determine your compliance with these PBS Terms at any time in our sole discretion.

10.2     Any violation of the PBS Terms may result in restrictions or cancellation, including immediate cancellation, of your eligibility to participate in all or some of the PBS Programs.

10.3     Any violation of the Oriflame Code of Conduct or the Oriflame Code of Ethics will result in immediate termination of your eligibility to participate in all or some of the PBS Programs.

10.4     We take consumer and privacy protection very seriously. Any violations of the data protection and privacy protection rules, whether stemming from our Code of Conduct, Code of Ethics, Privacy Policy or from applicable law will lead to immediate termination of your eligibility to participate in all the PBS Programs.

10.5     Upon termination of your eligibility to participate in PBS Programs for whatever reason, or upon our demand, you must destroy all PBS related materials and remove all Content which include PBS Links.

10.6     You may at any time resign your PBS registration. You can do that by sending an e-mail to our Customer Service.

11. ERRORS AND CORRECTIONS, SUPPORT

11.1     While we use reasonable efforts to include accurate and current information on the Oriflame website and PBS Pages, we do not warrant or represent that these 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 in the Oriflame websites or PBS Pages, 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 Oriflame websites or PBS Pages features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact our Customer Service.

11.2     Oriflame expressly disclaims all warranties with respect to the functionality of the Oriflame Websites, PBS Links or PBS Pages, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event shall we be liable to you for any damages whatsoever, including any claim of loss of sales or any other direct, indirect, special or consequential damages, arising out of or in connection with your use of the PBS Links or related tools or any hyperlinked site, even if we have been advised of the possibility of such damages.
 

11.3     We provide technical support and maintenance for the use of PBS Links and we will try to assist you, as may be applicable and within our limitation, with solving certain technical problems that may arise during your use of the PBS Links.

12.       LIMITED WARRANTY.

12.1     Oriflame does not make any warranty about the availability or uptime of PBS Programs and Oriflame’s websites including the PBS Pages or that they will result in any particular level of income or other benefits to Consultant.

12.2     We reserve the right to update and amend these PBS Terms, including removing, suspending or amending any PBS Programs, PBS Links and/or PBS Pages or add new PBS Programs at any time and at our sole discretion. Any change or update will become binding from the moment of its publication on our website www.oriflame.co.uk

12.3     Any such changes will be considered accepted if you continue to participate in a PBS Program after the changes have been implemented. Your only remedy in case of non-acceptance of any change is to stop using the PBS Programs and PBS Links and terminate this agreement.

13.       DISPUTES AND APPLICABLE LAW.

13.1     These PBS Terms are governed by and shall be construed in accordance with the laws of England and Wales.

13.2     Any disputes arising out of or in connection with these PBS Terms shall be resolved in accordance with the dispute resolution provisions in the Beauty Consultant Agreement.

14.       MISCELLANEOUS.

14.1     You cannot assign or transfer this agreement. Oriflame can assign or transfer all or part of the agreement to a related company.

14.2     Oriflame is not responsible for blocking by administrators of mail servers transmitting messages/ notifications to your e-mail address or for removing or blocking of e-mails by software installed on your computer or any other electronic device you use.

14.3     If any of these PBS Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining PBS Terms.

14.4     No waiver of any of these PBS Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Oriflame.

14.5     Each provision of these PBS Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

14.6     These PBS Terms and any other terms and policies incorporated herein by reference (collectively the "Policies") constitute the entire agreement between you and us pertaining to the subject matter and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.

15.       DEFINITIONS.

The terms used in these PBS Terms have the following meanings:

BP: Bonus Points are assigned to every individual item based on its price. Higher priced products and sets have more Bonus Points. Bonus Points are used to define your progress such as for title qualifications, activity level, etc. BP is a measurement to ensure that the plan brings equal opportunity for everybody and helps to protect from market fluctuation in currencies/prices.

BV: Business Volume is a monetary value of products and a base for all your earnings. The amount of your bonuses will be calculated as a percentage of total BV

PBP: are the total sum of all BP accumulated by you and all your VIP Customers in any Catalogue Period.

VIP Customer Bonus: mean the compensation for introductory services provided to Consultants under the Success Plan in respect of the sales made by Oriflame to their VIP Customers

Online Customer: any Potential Customer, Customer or VIP Customer

Order Value: is the total price for an approved Customer or VIP Customer Purchase

Content: is the content and media created and published by you anywhere including on websites, blogs, web chats and social media.

Customer: a person who has completed customer registration with Oriflame and purchases Oriflame Products from you PBS pages but does not register as a VIP Customer.

PBS Customer Cookie: is a data cookie saved by Oriflame on a Potential Customer’s computer or any other electronic device after they click on a PBS Link. The PBS Customer Cookie is automatically deleted if the Potential Customer registers as a PBS Customer or after a maximum of 30 days

PBS Link: is a unique hypertext transfer protocol link (i.e. web link) provided to you by Oriflame which when clicked on by a Potential Customer will identify that the Potential Customer has entered the Oriflame website through your PBS Link.

PBS Pages: a page on the Oriflame website which is seen by Potential Customer, your customers and VIP Customers.

PBS Programs: are the sales programs run by Oriflame where you can qualify for benefits.

Potential Customer a person who visits the Oriflame Website but who has not completed customer registration with Oriflame.

Qualifying Purchases: a Qualifying Purchase is the purchase of products by your Customers or VIP Customers directly from Oriflame which is confirmed by Oriflame as approved. Oriflame has sole discretion to determine whether a purchase by your Customer or a VIP Customer is a Qualifying Purchase.

VIP Customer A person that signs up without a registration fee with an intention to buy Oriflame products online and registers as a VIP Customer.

Catalogue Period: the period indicated on the cover of each Oriflame Catalogue during which the offers from a given Oriflame Catalogue are valid.

CONTACT US

If you have any concerns about the Oriflame website or these PBS Terms, please send us an e-mail to infor@oriflame.co.uk /info@oriflame.ie  or call us on UK 0207 1180081 ROI 01485 1010

Last updated: September 6^th, 2019

By launching a Personal Beauty Store, you hereby confirm that you have read, understood and you accept these Terms and Conditions.