TERMS AND CONDITIONS
These Terms & Conditions (the “Terms”), and any and all documents referred to in them stipulate the Oriflame rules, principles and rights and obligations for Brand Partners and constitute, when you accept them, a binding agreement (“Agreement” or “Brand Partner Agreement”) between Oriflame Cosmetics Nigeria Limited with registered address Rights House, 43 Adeniyi Jones Avenue, Ikeja, Lagos, Nigeria, VAT: tax number (TIN) 14810940-0001 (“Oriflame”, “us”, “we”, “our”) and you (“you”, the “Oriflame Brand Partner” the “Brand Partner”) and supersede any and all previous agreements, representations or undertakings. We have published these Terms on our website which are available to you and we therefore advise you to print or save and retain a copy of these Terms and all other documents comprising the Agreement.
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 Oriflame Product offers and their recommended retail prices;
iv. Campaign 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, sales and incentive programs, sponsored by Oriflame from time to time;
vi. Oriflame Group: Oriflame Cosmetics Nigeria Limited, its ultimate holding company, and any entity that is controlled directly or indirectly by that ultimate holding company;
vii. Oriflame Products: cosmetics and the related accessories as well as certain food and dietary supplements offered for sale under the Oriflame Trademarks; the Catalogue describes the Products’ main characteristics;
ix. 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;
x. Policies & Procedures: those policies and procedures which regulate the provisions of the compensation and benefits under the Oriflame Success Plan and Commercial Programs. You can download a copy of the Polices & Procedureshere.
xi. 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;
xii. Territory: Nigeria;
xiii. 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 you may provide us with from time to time;
xiv. 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. REGISTRATION AND MEMBERSHIP
2.1. You will be registered as an Oriflame Brand Partner after we have accepted your application and have granted you a unique Brand Partner number. The conditions of your acceptance as an Oriflame Brand Partner are stipulated in the “Membership” Rules section of the Code of Ethics and Rules of Conduct.
2.2. We reserve the right to charge an annual administration fee for the amount specified on our website (at your registration and each anniversary of it) and, if decided by you, charge you the price specified on our website of a starter kit. These charges will be billed on your first purchase invoice.
2.3. Your membership and Brand Partner Agreement will expire automatically: (i) on the anniversary of the registration unless renewed according these the Terms; or (ii) if you have not placed an order in 12 consecutive months.
2.4. Both you and Oriflame may at any time terminate your membership and this Brand Partner Agreement as specified further in the Terms.
2.5. The membership is personal to you and cannot be assigned or transferred to any other person without our prior written consent and in accordance with the requirements under the Code of Ethics and Rules of Conduct.
2.6. Unauthorised registrations are not allowed. You hereby undertake to be fully liable for any claims, costs and sums incurred due to such registration and be fully liable to indemnify Oriflame for any claims, costs and sums incurred due to such unauthorised registration.
2.7. Upon your registration:
2.7.1. You will be entitled to buy Oriflame Products in accordance with these Terms as well as use and receive other benefits set out in the Oriflame Success Plan and as included in any Policies and Procedures; and
2.7.2. You will be obliged to adhere strictly to the rules of these Terms.
3. RIGHT OF WITHDRAWAL (COOLING OFF) AND EFFECTS OF MEMBERSHIP RESIGNATION
3.1. You can at any time resign your membership and terminate your Brand Partner Agreement 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.
3.2. If you resign and terminate your Agreement within 30 calendar days after your registration we will refund you all fees and costs and will accept the cancellation of any Products or services ordered but not yet supplied and the return of all Products (including training and promotional materials, business manuals and kits) bought by you. For reasons of safety and hygiene we may refuse to accept 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 purchase price of those Products will be refunded on delivery of the Products, or as soon as possible if the Products have not yet been delivered by us.
3.3. If either you resign and terminate your Agreement at any later time or if Oriflame terminates the Agreement for convenience, upon your request:
3.3.1. we will repurchase all Products from you, subject to the following conditions:
18.104.22.168 the returned products were purchased within last 12 months prior to your resignation, and will be refunded at 90% of the original net price paid after deduction of any payment we have made to you in relation to the purchase of these Products; and
22.214.171.124 the returned Products must be marketable meaning that they have not been used, opened or tampered with in any way; they have not passed the expiry date and they are still featured in our Catalogues; and
3.3.2. we will refund any required fees, paid by you within 30 days prior to your resignation or the termination, to become or remain a Brand Partner.
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 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:
4.2.1 if ordering by telephone, you have told our Customer Services employee which Products you wish to purchase and they have selected them for you; or
4.2.2 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;
4.2.3 you have provided the Personal Data necessary to allow delivery; and
4.2.4 you have selected your preferred method of delivery and payment.
4.3. Once your online order is placed, it cannot be changed via the website; you will need to contact Customer Services at email@example.com
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 details of your Products shipped to you and all other necessary information.
4.6. If you order online, please note the following:
4.6.1 the concluded contract will not be 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 10 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 Campaign 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 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 by Customers or by other visitors.
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
4.12 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.
4.15 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 or any other Policy or Commercial Program. You can always address any inquiries about Price calculations to Customer Services at firstname.lastname@example.org
4.16 Payments can be made by debit or credit card, by bank transfer or by other means specified in these Terms or any Policy. Most major payment bank cards are accepted.
4.17 For the purposes of payment collection, we reserve the right to cooperate with a third party service provider. 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 the term specified on the invoice. Late payments interest may be charged on a daily basis at the prevailing Central Bank interest rate as well as the reasonable costs of recovering the debts.
4.18 Information about payment methods, including any possible deferral payments or credit terms, are included in the Policies & Procedures. If you want further information please contact Customer Services at email@example.com
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.
4.21 You agree to receive electronic invoices. You can receive printed invoices from Oriflame at any time on request.
C. DELIVERY AND TRANSFER OF RISK
4.22 The ordered Products can only be delivered in the Territory.
4.23 The place of delivery of the Products will be as chosen by you in your order.
4.24 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.
4.25 The risk of loss of Products and title to the Products will pass to you upon delivery of the Products.
4.26 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.
4.27 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
4.28 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. 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 firstname.lastname@example.org
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 (ii) 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 01-448 2555, Monday through Friday between the hours 09:00 am to 5:00 pm.Saturday 10:00am to 2:00pm or e-mail us at email@example.com or by post to Oriflame Cosmetics, Rights House, 43 Adeniyi Jones Avenue, Ikeja, Lagos, Nigeria. 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 (v).
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:
126.96.36.199 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;
188.8.131.52 unless the Products are faulty or mis-described (in this case, see clause 5.3(v)), you will be responsible for the direct cost of returning the Products to us; and
184.108.40.206 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 in the documents 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 purchaser, 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 National Agency for Food and Drug Administration.
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 14 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.
6. OBLIGATIONS OF THE ORIFLAME BRAND PARTNER
6.1. Brand Partners buy, and may use or consume, the Oriflame Products, or sell them in their own name and on their own account. Should you choose to trade 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 or to perform as an intermediary in the conclusion of contracts between Oriflame and other Brand Partners and third- parties. You also do not have any authority to 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. You acknowledge and accept that you are not a 'commercial agent' within the meaning of the applicable laws in the Territory and are not entitled to receive any compensation or indemnity upon termination of this relationship.
6.2. Should you choose to trade Oriflame Products and/or perform any of the activities under the Success Plan, the Policies and Procedures or the Commercial Programs you must obtain for yourself all permits, licenses, and generally make any and all registrations required under the laws of the Territory, including any data protection registration (see clause 6.6), tax registration and tax declarations. You are solely responsible for the reporting and payment of any taxes, duties, social security contributions and fees applicable to such activities. 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 clauses 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 or the Oriflame earning opportunity.
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, the Commercial Programs, the Policies and Procedures including the 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 may be eligible to benefits if applicable under the terms of the relevant Commercial Program or Policies and Procedures.
6.8. When presenting the Oriflame Products, the Oriflame business opportunity or any promotional or training materials for other Brand Partners for which a charge is made, you will strictly observe the Rules of Conduct and the Code of Ethics.
Data Protection Responsibilities
6.9. 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. 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.
6.10. 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.
6.11. You will, in particular, take appropriate technical and organizational 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.
6.12. 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 firstname.lastname@example.org and explaining the nature of the incident and the affected records.
6.13. 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.
6.14. You may process Personal Information only in accordance with privacy notice supplied 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.
6.15. 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
6.16. 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.
6.17 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:
6.17.1 you must have sponsored the Customer to become a Brand Partner, unless otherwise expressly agreed,
6.17.2 marketing and other commercial communications must concern only Oriflame Products,
6.17.3 the commercial or marketing communication shall be clearly identifiable as such,
6.17.4 the communication includes your name and contact details as the sender of the commercial communication and a valid email 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,
6.17.5 marketing communications must not be sent to Customers that have opted out of receiving them,
6.17.6 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
6.17.7 the content of such commercial and marketing communications is compliant with these Terms and all applicable law regarding commercial communications.
6.18 Under no circumstances are you permitted to send marketing or other commercial communications on behalf of Oriflame or in Oriflame’s name.
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 Subject to you complying with the terms of this Agreement and Your obligations under the laws of the Territory, you will receive, directly by us, by another Oriflame entity or third-party provider, any benefits/ payments due to you in accordance with the Oriflame Success Plan currently in force.
8.1 We may terminate your membership and Brand Partner Agreement for convenience with 1 months' notice or with immediate effect in any of the following circumstances:
8.1.1 if you make any statement or provide any Personal Data that is materially inaccurate or untrue;
8.1.2 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;
8.1.3 if you commit a breach of any of the provisions of the Brand Partner Agreement 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;
8.1.4 if you commit a breach of any of the provisions of the Brand Partner Agreement, 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. 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 email@example.com or use the Bubble Icon on the Webpage to chat with us directly. Our opening hours are 9am - 5pm, Monday - Friday and 9:30am – 2:30pm, Saturday.
10. CODE OF CONDUCT
Oriflame strictly adheres to the World Federation of Direct Selling Associations (WFDSA) (WFDSA Direct Selling Code of Ethics). 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 firstname.lastname@example.org
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.
12.1 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.
12.2 During your membership you may be eligible to participate in referral campaigns using one or more online tools, systems or software (“Online Tools”). You are granted a non-exclusive, non-transferable and limited license to use the Online Tools in connection with your membership. The participation in a referral campaign including any benefits obtained from them is conditional on you complying with this Brand Partner Agreement and any applicable Policies and Procedures. Oriflame does not guarantee or warrant the availability or accuracy of the Online Tools used in relation to the referral campaigns. Oriflame reserves the right to, without notice, automatically update, upgrade, generally change or remove any referral campaign and/or any of the Online Tools.
13. GENERAL PROVISIONS
13.1. Your Brand Partner Agreement, including these Terms are governed by the laws of the Territory and any disputes arising out of, or in relation to your Brand Partner Agreement and these 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. As an independent Brand Partner you acknowledge and agree that we reserve the right to unilaterally revise, modify or amend your Brand Partner Agreement- including these Terms, the Success Plan (including the Code of Ethics and Rules of Conduct), as well any of our Commercial Programs and Policies & Procedures. Amendments to your Brand Partner Agreement may result from (i) adaptations required by the market conditions; (ii) changes to the applicable laws and regulations; (iii) changes to Oriflame’s compensation plans; (iv) reorganization of Oriflame’s business and sales structure; (v) changes to the registration process and registration requirements; (vi) changes to any code and rules as provided by the direct selling associations to which Oriflame adheres to; and (vii) any other changes affecting Oriflame business model. Any revision, modification or amendment to these Terms will be published on our website and/or properly notified to your registered email, and will become effective on the date as provided in such publication/notification but never less than 30 days. You are responsible for keeping yourself to up to date with any such changes.
13.5 Any such changes to your Brand Partner Agreement as mentioned in clause 13.4 shall be accepted by you as a condition for you continuing as a Brand Partner including future use of the site and ordering of Products on it. We may require your explicit acceptance otherwise we will consider that you have accepted the changes if you continue ordering Products after the changes have been implemented. In case that you do not accept such changes within 2 months after the changes have been implemented your Brand Partner Agreement will be terminated immediately. You accept that such term is sufficient, and you expressly waive receiving any kind of compensation for such termination.
13.6 Oriflame may assign or transfer this Agreement or any part of it to any Oriflame Group company.
13.7. 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).
13.8. 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 of recorded 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.
13.9. The terms in this document take precedence over the other documents referred to herein.
14. PRIVACY NOTICE
14.2. We undertake to keep all Personal Data confidential and secure (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable Data Protection and consumer legislation from time to time in place.
14.3 Further relevant information about Oriflame Cosmetics Nigeria Limited is set out below.
Name: Oriflame Cosmetics Nigeria Limited
Address: Rights House, 43 Adeniyi Jones Avenue, Ikeja, Lagos, Nigeria
Contact details: our opening hours are 9am – 5pm from Monday - Friday, and 9:30am – 2:30pm on Saturday.
Trade or other public register
Corporate Affairs Commission registration number RC 1083027
VAT number: tax number (TIN) 14810940-0001
15. CONTACT US
If you have any concerns about your Brand Partner Agreement including these Terms, please e-mail us at email@example.com or call us on number 01-448 2555, Monday through Friday between the hours 9am – 5pm and Saturday 9:30am – 2:30pm. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Last updated: 31/03/2022