ONLINE CUSTOMERS AND MEMBERS TERMS AND CONDITIONS
These Terms & Conditions (the “Terms”), and any and all documents referred to in them constitute, when you accept them, a binding agreement (“Agreement”) between {{Legal_Name_of_Oriflame_Entity}} with registered address {{Oriflame_Registered_Address}}, {{VAT_name_in_Market}}: {{Oriflame_Entity_VAT_Number}} (“Oriflame”, “us”, “we”, “our”) and you (“you”, the “Customer”)
The Terms stipulate the legal terms and conditions governing your use of this Oriflame sales platform {{Market_website_url}} (the “Site”) for your purchase of Products in {{Market}} (the “Territory”) 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.
1. ELIGIBILITY
1.1. The products we sell on the Site are not intended for purchase by minors. Persons under the age of 18 may access to the Site only under the supervision and consent of a parent or legal guardian.
1.2. You also represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms.
1.3. You represent and warrant that you can effect payments with a credit card or other payment method permitted by the Site.
2. YOUR ACCOUNT
If you register with us through the Site (“Member”) you are responsible for choosing a secure password which shall contain at least 6 characters, for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur using your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
3. PRODUCTS
"Oriflame Products" or "Products" are the cosmetics and the related accessories as well as certain food and dietary supplements offered for sale under the Oriflame Trademarks. All Products, prices, offers and promotions set out on the Site are valid and binding only during the period indicated or, if no period is indicated, during your browsing session. The product details on the Site include descriptions of the Products’ main characteristics.
The images of products in our catalogue or on our website are for illustrative purposes only: the shape, colour and size of the products delivered to you may vary from the examples shown in our catalogue or on our website and such variations do not constitute a product defect.
4. PLACING AN ORDER
4.1. You may place orders from the Site 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. 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;
4.2.2. you have explicitly accepted these Terms;
4.2.3. you have provided the personal data necessary to accept, process and fulfil your order including to manage your customer account; 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 Site; you will need to contact Customer Services at {{Customer_Services_Email}}. Please see clause 9 if you wish to cancel your order.
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. these Terms together with our confirmation of your order will form the contract between you and Oriflame for the sale and purchase of the Products (which we recommend are 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 {{Market_Language}} and not in any other languages; and
4.6.3. Oriflame subscribes to the Codes of Conduct set out in clause 18.3 of the Terms.
4.7. Orders completed and paid for cannot be cancelled by you, except as described in clauses 8 and 9.
4.8. Orders can be placed at any time during the day except for certain limited unavailability when we update the Site.
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 Site 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. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
5. PRICES AND PAYMENT
5.1. Except where noted otherwise, the prices of the Products displayed on the Site 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_name_in_Market}}.
5.2. 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.
5.3. 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.
5.4. If you are in possession of a special offer coupon and you have activated it by submitting its code as indicated on the Site we will deduct the value of this from the price.
5.5. Payments can be made by bank cards or by other means specified in these Terms. Most major payment bank cards are accepted.
5.6. 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 according to the applicable Policy.
5.7. 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.
5.8. 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.
5.9. You agree to receive electronic invoices.
6. DELIVERY AND TRANSFER OF RISK
6.1. The ordered Products can only be delivered in the Territory.
6.2. The place of delivery of the Products will be as chosen by you in your order. In the case of parcels with excessive weight you will be advised by e-mail or text by the logistics company about the address of the pick-up point where delivery will be made.
6.3 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.
6.4. The risk of loss of Products and title to the Products will pass to you upon delivery of the Products.
6.5. 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 information.
6.6. 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.
7. CONFORMITY OF OUR PRODUCTS
We warrant that the Oriflame's cosmetics products are manufactured in accordance with the Guidelines for Good Manufacturing Practices for Cosmetic Product EN ISO 22716:2007 and the Oriflame Code of Practice.
8. RIGHT TO CANCEL ORDERS
8.1. We strictly adhere to the Product return rules applicable in the Territory (see clause 9 for further information).
8.2. 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 {{Customer_Services_Email}}
9. RIGHTS OF RETURN AND REFUND
9.1. You may cancel an order for Product(s) without giving any reason during the period set out below in clause 9.2. 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.
9.2. You may cancel an order at any time even after you have received the order confirmation by e-mail but no later than {{Right_Of_Return_No_Days}} calendar days from the day you receive physical possession of the Product or the last of the Products if you ordered more than one.
9.3. To cancel an order, please contact Customer Services by e-mail us at {{Customer_Services_Email}} or by post to Oriflame Cosmetics, {{Customer_Services_Address}}. 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.
9.4. 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 as described in clause 9.3, subject to clause 9.8. If you returned the Products to us because they were faulty or mis-described, please see clause 9.5.
9.5. 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.
9.6. 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.
9.7. Please note that certain products are delivered sealed for health or hygiene reasons and you may not cancel your order and return those products if they have been unsealed after delivery. Those products are identified appropriately on the Site.
9.8. If the Products were delivered to you:
9.8.1. 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;
9.8.2. unless the Products are faulty or mis-described (in this case, see clause 9.5), you will be responsible for the direct cost of returning the Products to us; and
9.8.3. 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.
9.9. 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.
9.10. 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 5.9 or these Terms. Advice about your legal rights in the Territory is available from {{Name_of_Consumer_Advice_Office}}.
9.11. 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 9. This guarantee does not affect your statutory rights.
10. PERSONAL DATA AND PRIVACY
10.1. If you provide information on the Site, you agree to provide accurate, current and complete information about you where requested and you agree to update such information as appropriate ("Personal Data"). We will use and maintain the Personal Data we collect through the Site in accordance with applicable law and the Oriflame Privacy Notice.
10.2. You may invite other persons to Oriflame Beauty Community and when they join (as Members or as Brand Partners) you will have, as an independent data controller, access to their Personal Data for the purposes related to your and their membership in the Beauty Community, or subject to their consent, for the e-marketing purposes. As an independent data controller of such Personal Data:
10.2.1. you warrant and agree that you will comply with all applicable data protection and privacy laws;
10.2.2. You will, in particular, take appropriate technical and organizational security measures to protect the Personal Data 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;
10.2.3. 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 Data by emailing Oriflame at privacy@oriflame.com and explaining the nature of the incident and the affected records;
10.2.4. If at any time you receive a request seeking to exercise rights in accordance with data protection legislation from a person about whom you process Personal Data, 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;
10.2.5. You may process Personal Data only in accordance with privacy notice supplied to Members and/or Oriflame Brand Partners. Upon termination of your relationship with Oriflame, you warrant and agree that you will destroy all Personal Data in your possession or under your control without undue delay.
10.3. 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.
11. MEMBER REWARD PLAN
11.1. You can register as a Member by creating an account at Oriflame site. As a Member, you will be entitled to receive the benefits of the Member Reward Plan [link].
11.2. Oriflame does not make any warranty about the availability or uptime of any Programs for Members or that they will result in any particular level of income or other benefits to Members. Oriflame reserves the right to update and amend any Programs for Members, including removing, suspending or amending any benefits or any program or add new benefits or new programs at any time and at our sole discretion. Any revision, modification or amendment of any Program for Members 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 and/or notification but never less than 30 days. You are responsible for keeping yourself to up to date with any such changes. Any such changes to the Member Reward Plan and any other program for Members shall be accepted by you as a condition for you continuing as a registered Member 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.
11.3. You are advised that the Brand Partners and Members are independent contractors and not employees, agents or representatives of Oriflame and are not in any way authorised to act on our behalf. Any other Members or Customers introduced by you will purchase from Oriflame at the prices published by Oriflame; they will select the products for themselves and will place their orders direct and not through you. You shall not have any authority to negotiate or to perform as an intermediary in the conclusion of contracts between Oriflame and your introduced Members or Customers. 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 you are not entitled to receive any compensation or indemnity upon termination of your relationship with Oriflame.
11.4. The Brand Partners are bound by our Code of Ethics and Rules of Conduct. We encourage you to inform our customer service team about any unfair, aggressive or otherwise inappropriate behavior of a Brand Partner. As a Member you shall observe to the applicable conducts of the Brand Partner Code of Ethics and Rules of Conduct when you are introducing any Member or Customer to Oriflame.
11.5. You can always opt to register yourself as an Oriflame Brand Partner. Upon your registration as an Oriflame Brand Partner your registration as a Member will expire automatically.
12. TRADEMARKS AND COPYRIGHT
12.1. Oriflame, our logo and the names of the Products or the Product ranges produced, marketed, sold or distributed by us are trademarks of the Oriflame Group. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks or logos of their respective owners who may or may not be affiliated with, connected to, or sponsored by Oriflame. Any use and/or copying of any marks appearing on the Site require the prior explicit consent of their respective owner.
12.2 . All content included in, or made available through the Site including, but not limited to software or digital code, scripts, text, artworks, photographs, graphics, logos, button icons, still or moving images, video and audio clips and data compilations (the “Content”) is the property of Oriflame, its Content suppliers or other respective owners who may or may not be affiliated with, connected to, or sponsored by Oriflame. Content not owned by us has been duly licensed to us by these owners and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
12.3 . Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content. Nothing contained in these Terms or on the Site should be construed as granting, by implication or otherwise, any license or right to use any Content in any manner without the prior written consent of us or of such third party that may own the Content or intellectual property displayed on the Site.
12.4. The Site is protected by copyright. Reproduction, copying, sale, resale or trade with the Site is strictly prohibited.
12.5 . Any use of the Content other than as permitted in these Terms will constitute a breach of the Terms and may constitute copyright and/or design right and/or patent infringement. You agree not to use the Content for any unlawful purposes and not to breach our rights or the rights of others. You agree not to interfere (or permit the use of your registration by a third party to interfere) with the normal processes or use of the Site by other parties, including without limitation by attempting to access administrative areas of the Site.
13. TERMINATION; MODIFICATION
13.1. We shall determine whether or not you are in compliance with these Terms at any time in our sole discretion. Any breach of the Terms may result in restrictions on your access to and use of all or part of the Site.
13.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.3. We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party.
14. ERRORS AND CORRECTIONS
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 the Site may be linked for or that can be accessed by the Site. Please inform us of any errors or inappropriate material found on websites to which this Site is linked.
15. LINKS
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.
16. COMPLAINT HANDLING AND DISPUTES
16.1. You can always file any complaint, question or request with the Oriflame Customer Services at {{Customer_Services_Email}} or call us on {{Customer_Services_Phone}}. {{LOCAL_DSA_CONTACT}}
16.2. Without prejudice to our mutual right to bring any matter relating in any way to your use of the Site or to the Products you have bought from us to the court we would do our best to resolve any such dispute by means of amicable negotiation to agree a mutually acceptable solution rather than in court. Please discuss issues and direct any claims to our customer service team in the first instance. However, you have, at all times, the right to bring any possible disputes to the attention of the National Consumer Advice Center of the Territory.
17. APPLICABLE LAW AND JURISDICTION
17.1. These Terms are governed by the laws of the Territory and any disputes arising out of, or in relation to these Terms shall be decided only by the competent courts of the Territory.
18. GENERAL PROVISIONS
18.1. Oriflame is not responsible for blocking by administrators of mail servers transmitting the messages or notifications to your e-mail address or for removing or blocking of e-mails by software installed on your computer.
18.2. Oriflame strictly adheres to {{LOCAL_DSA_CODE}}{{If_EU_Add_Seldia}} 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.
18.3. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.4. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 7 to the recipient of the gift without needing to ask our consent.
18.5. Each contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 7, but we and you will not need their consent to cancel or make any changes to these Terms.
18.6. 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.
18.7. The failure of Oriflame to enforce any of the provisions herein shall not be deemed a waiver of their enforceability.
18.8. Unless you opt otherwise 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).
18.9. 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. This does not apply to informing us of returns under clause 9 – the time period for returns runs from the date you inform us that you wish to return the Product.
18.10. As a retail 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 compensation plan.
18.11. Further relevant information about {{Legal_Name_of_Oriflame_Entity}} is set out below.
Name: {{Legal_Name_of_Oriflame_Entity}}
Address: {{Oriflame_Registered_Address}}
Contact details: e-mail: {{Customer_Services_Email}}
Trade or other public register
{{Trade_or_other_public_register_name}} registration number {{Oriflame_Registration_Number}}
{{VAT_name_in_Market}} number: {{Oriflame_Entity_VAT_Number}}
19. CONTACT US
If you have any concerns about the Site or these Terms, please e-mail us at {{Customer_Services_Email}} . We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Last updated: {{Date_of_Change}}