EC COSMETICS CLUB REGULATIONS
The notions used in the Regulations mean:
- Own activity – monthly purchase of EC Cosmetics products with a point value of at least 20 points;
- Active Member – a Member who purchased EC Cosmetics products in the current Settlement Period with a point value of at least 20points;
- Club Member– an adult natural person or an entity who has signed an agreement with EC COSMETICS on joining the EC Cosmetics Club and in the month of registration, s/he purchased any Starter package of his/her choice with a specific pointvalue;
- Candidate –an adult natural person or an entity that who has made a declaration of will about joining the EC Cosmetics Club;
- Customer – a person who buys EC Cosmetics products at marketprices;
- EC Cosmetics Club – a program created by EC COSMETICS, EC COSMETICS products are distributed for the own use of Club Members EC Cosmetics or forresale;
- Word of Mouth Marketing – marketing activities aimed at triggering a product/service referral wave among consumers, by enabling them to experience the product and supporting the spread of these referral, using appropriatetools;
- Settlement Period – one calendar month in the year; when after adding up the turnovers, commissions are calculated in accordance with the applicable CompensationPlan;
- First order – an order placed for the first time by the Customer in any configuration of the selected EC Cosmetics products (Starter packages) with an appropriate point value
- Member Panel – a place on the Website available to the Member, through which s/he voluntarily introduces data and manages it on the terms set out in these Regulations. The shared data is protected from access by other Users; however, it may be used by the Administrator on the terms specified in theRegulations;
- Direct sales system – offering goods and services directly to consumers using individual contacts, in addition to permanent retail outlets and including a personal presentation of theproduct;
- User – a Member, a person applying for the status of a Member, as well as any other entity using theWebsite;
- Point value– 1 point = 1 EUR;
- Point indexing- EC Cosmetics has the exclusive right to change the point index , which is at the time of this publication is 1 point = 1 EUR.
- EC COSMETICS distributes products intended for personal use by Club Members or for the further resale by these Members in orderto:
- increase material benefits and financial independence of Club Members participating in the expansion of the Club members network and achieving the greatestsuccesses,
- increase personal development.
- EC COSMETICS does not guarantee to Club Members any income, profits or successes and is not obliged to cover any costs related to business activities conducted by the Club Members, nor is it liable for the expenses incurred by the Member of the Club, including in particular travel costs, meals, accommodation or administrative costs,etc.
- acquire the rights to purchase EC Cosmetics products at preferential prices, as well as to participate in the EC Cosmetics Compensation Plan,
- cannot promise anyone specific profits or income, because each of them declares that they understand that they can achieve them only through individual work, own activity and commitment,
- can independently decide on the ways, methods and means of operation, as well as independently determine the time and place of their activity under the conditions set out in these Regulations and subject to itsprovisions,
- cannot distribute any information that may mislead third parties, as well as make declarations about EC COSMETICS products,
- are not proxies, agents, employees or representatives of the EC Cosmetics Club and/or EC COSMETICS and they are not entitled to make any statements on behalf of the above-mentioned entities, nor to incur any obligations on theirbehalf,
- they are not authorized to use any names, trademarks or other markings protected by law and owned by EC COSMETICS without receiving prior written consent from EC COSMETICS for their use in a specific place and time and in a determined field ofuse,
- they are independent; however, they act on the basis of these Regulations and applicable legal regulations.
- The Regulations define the terms of operation of the EC Cosmetics Club, Websites available on the Internet, including in particular the conditions for Club Members to use the Club, their rights and obligations, and moreover, the rights and obligations of the owner of the EC Cosmetics Club.
- The Member accepts all the provisions of the Regulations, undertakes to comply with all of them and acknowledges that registration in the Club and the use of it can only take place in accordance with the Regulations and applicable
- If the User does not agree with the Regulations, s/he declares that s/he will not visit sites whose administrator is EC COSMETICS and will not purchase products offered by the EC Cosmetics Club.
- The Regulations shall not preclude the obligations of the Club members resulting from other documents specifying the rights and duties of Club
- While using the Websites, the User may be asked to provide some of their personal data, in particular by filling in the form. The data referred to above is in most cases the first name, family name, e-mail address, address / delivery address, ID number. Only data that is necessary for the Website to work and for the proper performance of the agreement by EC COSMETICS will be required. Failure to provide the required data will prevent the performance of the activity to which the data pertains.
- Publicly available personaldata
Personal data provided during sending opinions, comments, forum responses, as well as information placed on the subpages and subdomains belonging to the EC Cosmetics Club are available to all entities visiting sites that contain this data. EC COSMETICS informs that it is not practically possible to protect the User against natural or legal persons who may use the data, which is why they are not subject to these Regulations.
- Ordering products
A Member may purchase products in the EC COSMETICS assortment by placing an order and concluding a sale agreement in accordance with the Sales Regulations.
In the case of payments by means of electronic banking, the Club Member is taken over by the payment service. In this case, only the payment service system knows and is responsible for the data provided in its forms. Payment service forms are located on its server and are encrypted with appropriate technologies securing transactions.
- Data administrator
The personal data administrator is EC COSMETICS.
All forms, including in particular registering Club Members and orders that require full personal data of the Member, are protected by appropriate technologies against unauthorized access.
- EC COSMETICS reserves the right to send unannounced messages to persons whose contact details it possesses and who have accepted these Regulations. The term ‘unannounced messages’ is understood as information referring directly to the Club's websites, services and products (e.g. changes), non-commercial letters (e.g. greetings, etc.) and commercial information, the distribution of which has been ordered by the Members. Commercial information is filtered so that the User does not receive information that would not be potentially interesting or dangerous for them.The Club Member has the option of not agreeing to receive the above unannounced messages, by marking the appropriate field regarding the selected form of communication after logging in to the Member Panel.
- Entities ordering commercial mailings do not have access to the contact details of persons on the EC Cosmetics Club address lists.
- Cookie files(Cookies)
- Payment of commissions
- The commission is paid to the Club Member for each settlement period up to the 20th day of the month, following the ended Settlement Period. The commission is paid according to the criteria described in the current CompensationPlan.
- The commission is paid on the basis of an invoice issued in accordance with the authorization granted by EC COSMETICS, on behalf of and for the benefit of a Club Member, in electronic form without his/her signature.
- Club Members receive a commission in the currency of the country in which it was generated and in accordance with applicable legal and taxregulations.
- Types of commission
The types of commissions have been specified in the Compensation Plan.
EC COSMETICS assures the Club Members that the products distributed by it correspond to the official product specification. In the case of claims under the warranty for defects in the product in the period covered by the warranty and its recognition by the manufacturer as justified, EC COSMETICS will immediately replace the purchased products with products without defects. In the case of claims being filed after the expiry date indicated on the product and which has been delivered to the Member before that time, i.e. free from defects, it is not possible to replace it.
- Registration for the EC Cosmetics Club takes place on the basis of an application for admission to the EC Cosmetics Club submitted via the website at: www.EC Cosmetics-global.com in the form of a correctly completed form, sent electronically by the entity applying for membership. EC COSMETICS reserves the right to request additional documents before registering at the EC Cosmetics Club.
- In order to obtain the status of a Member, the applicant for membership must read and accept, the Rules and Procedures, which the applicant confirms by ticking the appropriate box. If the applicant does not accept the Rules and Procedures, it will not obtain the status of a Member. Acceptance of the Rules and Procedures is tantamount to submitting a declaration of will about the intention to join the EC Cosmetics Club and conclude the membership agreement with the EC Cosmetics Club. In order to submit an application for the status of a Member, it is necessary to provide personal data marked as compulsory in the form and the Member must express the consent to process his/her personal data provided when submitting the application and press the "Register" button. Providing data marked as compulsory is voluntary, but necessary to submit an application. Providing personal data not marked as compulsory is voluntary and is not necessary to submit an
- In order to obtain the status of a Member and have a full access to the EC Cosmetics Website, the Candidate should pay for the products selected by him/her in the first order within maximum 7 days from the date of registration and placing an order. If the payment is not made, the application and the order will be cancelled. After making the payment, the Candidate acquires the status of a Club Member and is bound by the Rules and Procedures.
- When the payment of the first order is credited on the account, the Member receives an e-mail (on the e-mail address provided at the time of submitting the application) entitled "Confirmation of registration in the EC Cosmetics Club" containing the final confirmation of the conclusion of the membership agreement in the EC Cosmetics Club.
- A member of the EC Cosmetics Club who runs business activity authorises EC COSMETICS to issue and send invoices, duplicate invoices, correcting invoices, debit and accounting notes and other accounting documents in electronic form on his/her behalf without signatures, to the e-mail address provided when applying for membership Club and to place these documents in his/her individual Member Panel. A member of the EC Cosmetics Club declares that s/he is aware and has knowledge that this authorization may be withdrawn by him/her, as a result of which the issuer of invoices will lose the right to issue and send documents to the recipient electronically starting from the day after the date when the issuer received written notification from the recipient about withdrawal of acceptance of this form of issuing and sending accounting documents. Withdrawal of the authorization referred to above must be submitted in writing and sent to the address of the EC COSMETICS
- A Member of the Club can only be an adult natural person or entrepreneur conducting business activity, depending on the chosen form of joining the Members of the Club cannot be the employees of EC COSMETICS and affiliated companies, members of the governing bodies of these companies, their shareholders, co-founders, as well as contractors of these companies and immediate family members of all the above persons. An affiliated company in these Regulations is a company within the meaning of the law of the country where it has its registered office, in which EC
- COSMETICS has directly or indirectly, at least 20% of votes at the shareholders' meeting or at the general meeting, also as a pledgee or a user, or on the basis of agreements with other persons or has directly, at least 20% of shares or stocks in this company. The immediate family member in the meaning of the Regulations is a spouse, ancestor, descendent, siblings, relative by affinity in direct line or degree, persons remaining in the adoption relationship and his/her spouses, as well as persons in cohabitation.
- Club members are obliged to immediately inform EC COSMETICS in writing about any changes in their personal data or data of their enterprise or company, including in particular the bank account number. In the absence of notice, EC COSMETICS is not responsible for any payments to the wrong account or the wrong person. Concealment of the truth or providing in the personal questionnaire information that excludes membership, authorizes EC COSMETICS to exclude a Club Member, and thus constitutes termination of this contract without
- Assignment ofstatus
- The membership status in the EC Cosmetics Club is connected with a specific person or a company. The assignment may take place only subject to EC COSMETICS consent expressed in an electronic form, and EC COSMETICS reserves the right to refuse to express the consent without giving a reason. The Club Member should send a request for consent to EC COSMETICS in accordance with the guidelines described in the Rules and Procedures. EC COSMETICS makes a decision on this matter within 30 days of receiving the request. In the event of an assignment, a person renouncing the status loses their position in the structure irretrievably. The person may re-join the EC Cosmetics Club within 6 months exclusively to the structure of the previous referral. After this period, a Club Member can register anywhere in the structure. A person renouncing the status has the right to collect a commission from the period preceding the assignment. The person acquiring the status has the right to collect a commission, created only after the date of assignment – it is not possible to collect a commission for a period when a given person did not yet have the status of a
- Activities aimed at circumventing the provisions described in the Rules and Proceduresand applicable legal provisions are strictly prohibited. If a Member of the Club or an entity under which s/he conducts business signs such an agreement or even assists with it, this constitutes a gross breach of the Agreement and may result in immediate exclusion from the EC Cosmetics Club.
- Withdrawal from the EC Cosmetics Club
- The membership agreement is concluded remotely in an electronic form, for an indefinite period. A Member of the Club is entitled to terminate the membership agreement at any time, unless separate Agreement provisions stipulate
- The termination takes effect after 30 (thirty) days from delivering to EC COSMETICS a statement on the termination of the agreement sent by email to ……………………………..The withdrawing person loses his/her structure and all commissions generated so far. This person may re-join the EC Cosmetics Club after 3 (three) months, exclusively to the structure of the previous Sponsor . After this period, they can re-register to the EC Cosmetics Club, even to the structure of another Sponsor.
- Within 14 days from the date of concluding the agreement, i.e. the receipt of an e-mail entitled "Confirmation of registration in the EC Cosmetics Club" has the right to withdraw from the agreement.
- Exclusion from the EC Cosmetics Club
- A member of the Club who grossly breaches the provisions of the Rules and Procedures, appropriate market practices or provisions of applicable law may be excluded from the EC Cosmetics Club immediately.
- A Club Member can be also excluded if s/he significantly harms the interests of EC COSMETICS or the EC Cosmetics Club in particular ifs/he:
- makes retail and wholesale sales in stationary stores, auctions, via the Internet and using other means that are in conflict with the Direct Selling System, with the exception of EC Cosmetics Club Members who conduct business activity or have legal
- recruits Club Members for another entity operating on the market in the Word of Mouth Marketingindustry,
- speaks through the media about the Club and/or the EC Cosmetics products, without the required EC COSMETICS's writtenconsent,
- uses the EC Cosmetics logo type without a written permission in the fields of its use,
- publishes audio-video materials via the Internet, which are not authorized and accepted by EC COSMETICS, regarding the activities of the Club and EC Cosmetics products.
- An important violation of EC COSMETICS's interests is also, among others, incitement or helping persons violating the provisions of the above-mentioned documents. Apart from other consequences, the excluded Member of the Club shall not be entitled to a commission for the period in which s/he committed violations. This person, as well as his/her relatives and close relatives, cannot join the EC Cosmetics Club earlier than within 12 months of exclusion and obtaining permission from
- A member who has not made any monthly activity for a period of six months will automatically excluded from the Club Membership. S/he will be able to regain Club Membership status and full Club entitlements at any time after purchase with an appropriate point value.
- The Club Member’s failure of to comply with the provisions of the Rules and the Regulations shall mean a gross breach of the terms of the membership agreement in the EC Cosmetics Club and the possibility of its immediate termination by EC COSMETICS. In addition, EC COSMETICS reserves the right to claim compensation for damages pursued in
In the event of the death of a Club Member, his/her current status is subject to inheritance law. The heirs will be entitled to all accumulated, unpaid commissions and future commissions under the condition of maintaining the criteria, which are the basis for receiving commissions, described in the Compensation Plan.
- Loss of the membership
In the event of termination of the contract, in particular on the basis of exclusion from the EC Cosmetics Club, the Club Member loses the place in the structure of the EC Cosmetics Club, all points accumulated and unused before exclusion and the right to claim any claims related to this.
- Participation in anotherentity
Club Members are not forbidden to cooperate with other entities providing their services on the market; however, a serious breach of EC COSMETICS's interests will be considered to sell directly or indirectly the products of another entity operating in the form of Word of Mouth Marketing among other Club Members and offering them cooperation. It is also forbidden to combine EC Cosmetics presentations with other presentations on the same day and to use the collected personal data of participants during these meetings for purposes other than gaining new persons for the EC Cosmetics Club. In exceptional circumstances, EC COSMETICS may express its consent in writing, after receiving a request from a Club Member informing about such an intention.
- Announcements, advertisingmaterials
- A Club Member may use only official publications, leaflets, brochures, books, tapes, leaflets, websites published by EC COSMETICS and made available to Club Members. Such publications cannot be changed and cannot be used for purposes contrary to their purpose. Own information materials or announcements must be approved by EC COSMETICS each time. In addition, any change by the Member of the Club must always be accepted in writing by EC COSMETICS, which in particular prohibits the dissemination of false information about EC COSMETICS products. EC COSMETICS is not liable for actions and damages caused by the Club Members in connection with their non-compliance with the Rules and Procedures, including in particular violation of applicable law in connection with the use of advertising materials and announcements not previously approved byEC COSMETICS.
- Submitting any statements in traditional and electronic media is prohibited without the prior written consent of EC COSMETICS. All legal liability and possible consequences of misleading the public, through unauthorized statements, publication, etc. without the required EC COSMETICS permission, shall be borne solely by the Club Member.
- Own domain, socialmedia
- A member of the Club may run an individual website, for which content EC COSMETICS is not responsible. A member of the Club can fill in or modify the content of the site in his/her individual Member Panel.
- If the Club Member presents on the above website or other websites created and maintainedoutsidetheEC COSMETICSdomain,contentthatisagainstthelaw,the Rules and Regulations,or which may harm EC COSMETICS's business (including unauthorized audio or video materials on Facebook, YouTube, etc.), EC COSMETICS has the right to request immediate modification and/or removal of the content presented there and in the event of failure to comply with this and notorious repetition of a given violation, has the right to deprive the infringer of the status of a Club Member with all the consequences associated with it.
- All correspondence regarding membership, including withdrawal from the agreement and complaints in the EC Cosmetics Club, should be directed to the EC COSMETICS e-mail address: info@EC Cosmetics-global.com
- It is the responsibility of each Candidate to read and accept the Rules and Procedures, which should be read before making a declaration of will to join the EC Cosmetics Club, i.e. before sending the completed form with data on the websiteEC Cosmetics-global.com
- A Club Member, by joining the EC Cosmetics Club, agrees to store and process his/her personal data by EC COSMETICS for purposes related to their business activities, in accordance with the Act on personal data protection.
- EC COSMETICS reserves the right to change these Regulations at any time. A possible change will come into force after its publication in the individual Club Member Panel on the website EC Cosmetics-global.com.If the changes are not accepted by the Club Member, s/he has the right to withdraw from the agreement with a 30 day notice period. None of the introduced changes will affect the basic rule: the data administrator, which is EC COSMETICS, does not sell to any third parties personal or address data of the Club Members.
- In any matters not governed by the Regulations, Rules and Procedures, the Civil Code and other legal provisions applicable to EC COSMETICS's registered office shall
- Any possible disputes and claims between the parties shall be settled by the court having jurisdiction over EC COSMETICS’s registered business
- The Regulations constitute the entire agreement between EC COSMETICS and a Member of the EC Cosmetics Club with respect to rights and obligations arising from membership in the EC Cosmetics Club and supersede all previous member agreement and agreements, if they were concluded between the parties with respect to the EC Cosmetics Club.