Malta
BRAND PARTNER
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 as well as govern your use of the Oriflame sales platform (fi.oriflame.com) and the Oriflame mobile app (together the “Store”) in particular for your purchase of Products, including for purposes not connected with your business activity and constitute, when you accept them, a binding agreement (“Agreement” or “Brand Partner Agreement”) between Nommon S.à r.l., registered at: 24, Avenue Emile Reuter - L-2420 Luxembourg, registration number B278229 (“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.
1. DEFINITIONS
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 Brand Partner Reward Plan, governing the behaviour of the Brand Partners towards Oriflame, towards Customers and towards other Oriflame Brand Partners, available here;
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, if such option is available on the date of placing the order) 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 Holdings B.V., its ultimate holding company, and any entity that is controlled directly or indirectly by that ultimate holding company or that directly or indirectly controls that ultimate holding company;
vii. Oriflame Products: cosmetics and the related accessories, certain food and dietary supplements as well as certain other products offered for sale under the Oriflame Trademarks or other trademarks (the Catalogue describes the Products’ main characteristics);
viii. Oriflame Brand Partner Reward Plan or Brand Partner Reward Plan or Oriflame Beauty Community Booklet or Beauty Community Booklet: the document explaining the earning opportunity with Oriflame. You can download a copy of the document here;
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 Brand Partner Reward Plan and Commercial Programs.
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: Malta;
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, Members, 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 (either submitted by yourself online, or by your Sponsor (based on your request) or when you apply to upgrade from being a member under the Online Customers and Members Terms and conditions (available here) to a Brand Partner) and have granted you a unique Brand Partner number (in case of change of your membership from the member above to the Brand Partner you will keep the same number you already have). 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. Please note that additional steps referred to in clause 2.8 below apply to registration with limited legal capacity.
2.2 We reserve the right to charge an annual service/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 (when offered). 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 to the Terms; or (ii) if you have not placed an order in 12 consecutive months. In case you do not renew your membership as a Brand Partner your Brand Partner Agreement will be terminated automatically but you will remain registered as a Member with Oriflame under the Terms and Conditions for Online Customers and Members and the Privacy Policy for Online Customers and Members which will allow you to continue buying Oriflame Products. Complementary information about Brand Partners and Members upgrading and downgrading membership rules are included in the relevant Policy.
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 Dishonest registrations and orders (such as for example done with fake data or data of other people without their authorization or for fraudulent purposes) are strictly prohibited and Oriflame reserves the right to refuse them. The same applies to an attempted registration or order by a Brand Partner with whom Oriflame terminated the Brand Partner Agreement in the past for the reasons described in clause 11.1. 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 Brand Partner Reward Plan and as included in any Policies and Procedures, We will assume you are purchasing Oriflame Products for personal consumption;
2.7.2. You will be obliged to adhere strictly to the rules of these Terms; and
2.7.3. You will become a part of the Oriflame Beauty Community, Community Communications, as defined in clause 7.9 below, being its integral part.
2.8 To register as a Brand Partner you must have full legal capacity. If you have a limited legal capacity, i.e. you are between 16-18 years old, you may register and become a Brand Partner subject to the valid consent of your legal guardian (e.g., a parent) and / or, if so is required according to the applicable law, the relevant governmental authority. Such consent(s) will be collected by us by contacting your parent or legal guardian prior to the confirmation of your registration. After relevant consent has been granted, we will send you a welcome message confirming the registration. In case of lack of such consent, we will not be able to register you.
2.9 You must not provide any unlawful content as part of the use of the Store.
3. RIGHT OF WITHDRAWAL (COOLING OFF) FROM BRAND PARTNER AGREEMENT 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. You can do it by contacting the Customer Services by e-mail or by sending 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:
3.3.1.1 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
3.3.1.2 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.
To access and use the Store:
(a) for the website fi.oriflame.com you must have a device that can access the Internet using the following web browsers: Google Chrome, Microsoft Edge or Apple Safari in the latest version;
(b) for the App and the business App you must have a mobile device with iOS or Android latest versions with access to the Internet.
We may issue periodical updates for the App which may be necessary for its proper functioning. We will inform you about the required updates. Failure to install these updates may result in the malfunctioning of the App. In the event of any malfunction of the App, you must cooperate with us to help us determine the cause of it. The use of certain features of the Store may require installing Java and/or Java Script software and to apply appropriate cookie settings.
4.2 An order is placed when the following steps have been completed:
4.2.1 when ordering online, you have selected the Products you wish to purchase by using the option “add to shopping cart” (or similar); 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 provided the Personal Data necessary to allow delivery;
4.2.3 you have selected your preferred method of delivery and payment; and
4.2.4 when ordering online, you have confirmed your order by clicking the “Order and pay” (or similar) button, which is equivalent to placing a binding order.
4.3 Once your online order is placed, it cannot be changed via the website; you will need to contact Customer Services at InfoMT@oriflame.com
4.4 Once we have accepted your order, an order confirmation will be emailed to you stating that the purchase contract has entered into force. We may refuse to accept your order without stating a reason for rejection.
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 the language of Territory 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 Placed orders cannot be cancelled but you have right of withdrawal 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, in case of such temporary unavailability relevant information is displayed on the website.
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 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. 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.
To the maximum extent permitted by the applicable provisions, the images of products in the Catalogue or in the Store 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 in the Store and such variations do not constitute a product defect. The above does not exclude or limit Oriflame’s statutory liability for lack of conformity of the Product with the agreement.
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 Brand Partner Reward 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.
We provide you with information on the total price of the Products and any additional charges directly before you place your final your order.
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 Brand Partner Reward Plan or any other Policy or Commercial Program. You can always address any inquiries about Price calculations to Customer Services at InfoMT@oriflame.com
4.16 Payments can be made by debit or credit card, by bank transfer or by other means specified in these Terms or the Policies & Procedures or the Store. Most major payment bank cards are accepted.
4.17 Based on your request and subject to compliance with the terms for deferred payments, we may, at our discretion, accept deferred payment for the Products you purchase. 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. The Brand Partner may be asked to use the specific service provider for the purpose of receiving any rewards (including payments) from us, which may be a condition for receiving such rewards (including payments) from us.
4.18 Information about payment methods, including any possible deferral payments or credit terms, are included in the Policies & Procedures available on the website. For any further information please contact Customer Services at InfoMT@oriflame.com
4.19 For the safety of online payments made with a card, all payment information is encrypted. Oriflame works with authorised payment service providers, who handle credit card information securely 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 Oriflame informs you about the possible methods, available delivery times and costs via the Store. We will inform you about the delivery restrictions at the beginning of the order at the latest.
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.
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 / delivery information (name, surname, address).
4.27 In relation to Brand Partners who act in their business capacity and subject to the applicable provisions of law, 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 are liable for the conformity of the Products with the agreement and applicable provisions of law, in particular consumer protection provisions. 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.
4.30 Advice about your legal rights in the Territory is available from the local European Consumer Center or your country Competition and Consumer Authority
5. RIGHT TO WITHDRAW FROM THE ORDER
5.1 You may exercise the statutory right to withdraw from the contract in accordance with the terms of clause 5 below.
5.2 We strictly adhere to the Product withdrawal rules applicable in the Territory (see clause 5 below).
5.3 You may cancel an order for Product(s) without giving any reason and without bearing any costs except for the costs indicated below during 14 calendar days from the day you, or the person receiving the Products in your name (indicated by you), received physical possession of the Product or the last of the Products if you ordered more than one. If you have filed a declaration on withdrawal before we have confirmed the acceptance of the order, the offer shall cease to be binding.
5.4 The right of withdrawal does not apply to an order where the Product was supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery. Those products are identified appropriately on the Store.
5.5 To withdraw from an order, you must make an explicit declaration to us to this effect. Sending the declaration before the deadline set out in clause 5.3 above would be sufficient. Therefore, if you send us your cancellation notice by e-mail, then your withdrawal is effective from the date you sent us the e-mail.
5.6 To withdraw from an order please contact Customer Services by e-mail at InfoMT@oriflame.com You can use the model form which constitutes part of these Terms (available here) in order to notify us about your withdrawal but there is no obligation in this respect. You can also notify us in any other way as long as we receive clear notice that you wish to cancel your order (e.g. by letter).
5.7 If you complete this withdrawal form online and submit it through our website, we will provide you with an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay. You may wish to keep a copy of your withdrawal notification for your own records.
5.8 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 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products or (c) if no Products were supplied, 14 days after the day on which you gave us notice of withdrawal as described in clause 5.6, subject to clause 5.9. If you returned the Products to us because they were faulty or mis-described, we will refund to you the Price of the defective Products in their entirety, any associated delivery charges, and any reasonable costs incurred, when returning the item to us.
5.9 We will refund you using the same payment method you used to pay for the order, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
5.10. If the Products were delivered to you:
5.10.1 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 withdraw from the order. The deadline is met if you send back the Products before the period of 14 days has expired;
5.10.2 unless the Products are faulty or mis-described, you will be responsible for the direct cost of returning the Products to us; and
5.10.3 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.
5.11 Without prejudice to your right to withdraw from 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, should notify Customer Services immediately by submitting a claim and describing the damage/defect. You can also send the claim by e-mail at InfoMT@oriflame.com
6. ADDITIONAL REFUND POLICY
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 receive a full refund for any Product you are not completely satisfied with. The refund is to 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 clause 5 above. This guarantee does not affect, limit or exclude your statutory rights, including, in particular, the statutory right to withdraw from a distance sale contract.
7. OBLIGATIONS OF THE ORIFLAME BRAND PARTNER
7.1 Brand Partner shall always act in their own name and their own account. If you decide to market Oriflame Products you will be considered and shall always act as an independent person (self-employed/sole proprietorship) and not as an Oriflame agent or employee or other representative. 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 shall not present yourself as an authorized distributor of Oriflame. 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.
7.2 Should you choose to perform any of the activities under the Brand Partner Reward Plan, the Policies and Procedures or the Commercial Programs or any other activities in connection with the Products 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 7.6), 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. We assume that the Brand Partners are considered as VAT taxable persons for their activities performed towards us and should therefore be compliant with applicable VAT obligations. You are solely responsible for ensuring all aspects of your use of Personal Information complies in all respects with national data protection and privacy laws (see clauses 8.1 - 8.7).
7.3 We allow the return and exchange of Products as described in the Terms, for you and and for whom you may have placed orders with us by using a specific online tool as required in clause 4.11. You acknowledge and agree that it is your responsibility to inform the Customers of their right to return the Products, and you shall make any return of Products to us on their behalf.
7.4 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.
7.5 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.
7.6 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 Brand Partner Reward 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.
7.7 You may be eligible to benefits if applicable under the terms of the relevant Commercial Program or Policies and Procedures. Oriflame has a right to set the terms and conditions for receipt of such benefits.
7.8 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.
7.9 As a Brand Partner, you agree to be a part of the Oriflame Beauty Community and you acknowledge that the Oriflame Beauty Community is bound together and made possible by Oriflame, Members and Brand Partners being in contact with one another. Therefore, you acknowledge that receiving community communications from Oriflame and the Member (as defined in the Online Customers and Members Terms and Conditions) or Business Partner that sponsors you and his/her upline, including but not limited to product catalogues, beauty tips, recommendations, special offers, news, publications, event invitations (“Community Communications”), which may or may not have a marketing or commercial nature, is an integral part of the Oriflame Beauty Community. Community Communications will be provided by some or all of the following means: e-mails as well as text messages and voice calls – sent or placed by traditional telephony or by other interpersonal communication services messaging technologies (like e.g. WhatsApp and alike).
7.10 You may, at reasonable intervals, provide Community Communications to Members and Brand Partners whom you sponsor or who are in your downline network. Our online tools may allow you to use their Personal Information to send Community Communications, subject to the following conditions:
7.10.1 Community Communications must not concern any Products or services other that Oriflame,
7.10.2 Community Communications must be clearly identifiable as such and should inform the recipient that they receive them pursuant to the Online Customers and Members Terms and Conditions or Brand Partners Terms and Conditions, as applicable,
7.10.3 Community Communications must include your name and contact details as the sender,
7.10.4 Community Communications must not be sent to Members and Brand Partners that have opted out of receiving them and thus have withdrawn from the Oriflame Beauty Community,
7.10.5 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
7.10.6 the content of Community Communications is compliant with these Terms and all applicable law regarding commercial communications.
8. DATA PROTECTION RESPONSIBILITIES
8.1 As a Brand Partner you may collect, record, store, use and update Personal Information of other Brand Partners and Members in your personal network as well as of your offline Customers (further “Data Subjects”). 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, 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.
8.2 If you sponsor a person to become a Brand Partner or a Member you may collect their Personal Information directly from them. 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.
8.3 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.
8.4 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 the Personal Information by emailing Oriflame at privacy@oriflame.com and explaining the nature of the incident and the affected records.
8.5 If at any time you receive a request seeking to exercise rights in accordance with data protection legislation from a Data Subject 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.
8.6 You may process Personal Information only in accordance with privacy notice supplied to the Data Subjects. 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 in accordance with the applicable law and the Oriflame Privacy Notice.
8.7 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.
9. MARKETING AND COMMERCIAL COMMUNICATIONS TO CUSTOMERS
9.1 You are solely responsible for sending Community Communications and marketing communications to your Customers and for these communications being compliant with applicable laws. Unless your Customer is a registered Brand Partner or Member of Oriflame Beauty Community (in which cases the Community Communications rules apply as specified in clauses 7.9 and 7.10), you must obtain their explicit consent to receive from you marketing communications about Oriflame products and services. You must also keep a record of their marketing preferences, which includes the date on which they consented and the exact scope of their consent. Any marketing communication you send must inform the Customers of their right to withdraw consent to future communications and how they may exercise this right (e.g. by informing you by email or phone call, instant message). You agree to and warrant that you will respect the preferences of your Customers.
9.2 When sending marketing communications to a Customer, you must follow the following conditions:
9.2.1 such communications must concern only Oriflame Products or Oriflame network or services,
9.2.2 such communications shall be clearly identifiable as marketing or commercial in nature,
9.2.3 such communications must include your name and contact details as the sender 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,
9.2.4 such communications must not be sent to Customers that have withdrawn consent to receiving them,
9.2.5 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
9.2.6 the content of marketing communication is compliant with these Terms and all applicable laws regarding commercial communications.
9.3 Under no circumstances are you permitted to send marketing or other commercial communications on behalf of Oriflame or in Oriflame’s name.
10. ORIFLAME OBLIGATIONS
10.1 In relation to Brand Partners acting within their business capacity, we will deliver any Products ordered by you subject to availability.
10.2 In relation to Brand Partners acting within their business capacity, we expressly exclude any liability related to Product shortage or Products being out-of-stock.
10.3 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 Brand Partner Reward Plan currently in force.
10.4 During your membership with Oriflame and at the Oriflame sole discretion, you may be eligible to participate in our International Sponsoring Program (“ISP”). Our International Sponsoring Program provides you the opportunity to perform any of the activities under the Beauty Community Booklet outside your home country. You can register in our ISP free of charge by using the Universal Link at [LINK]. You will be registered as a participant of our ISP after we have accepted your application and have granted you a unique ISP code. Oriflame reserves the right to accept or reject any application to our ISP. When participating in our ISP you need to comply with the local laws and regulations of all your host countries. The participation in the ISP including any of its benefits 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 ISP. Oriflame reserves the right to, without notice, automatically update, upgrade, generally change or remove the ISP at any time, including the list of participating countries. If you want further information about the ISP and any of its benefits, or local requirements of the participant host countries please contact Customer Services.
11. TERMINATION
11.1 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:
11.1.1 if you make any statement or provide any Personal Data that is materially inaccurate or untrue (e.g. if you create fake accounts or use personal data of other people not in line with the applicable provisions of law);
11.1.2 if you are unable to pay your debts to us as and when they fall due;
11.1.3 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;
11.1.4 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.
11.1.5 if due to the provisions of law applicable to us or the Oriflame Group further continuation of a contractual relationship with you and cooperation under Brand Partner Agreement becomes illegal for us or the Oriflame Group.
12. COMPLAINT HANDLING
12.1. The Oriflame Complaint Handling procedure is outlined in the Rules of Conduct.
12.2 You can always file any complaint, question or request with the Oriflame Customer Services at InfoMT@oriflame.com
When filing complaint please specify the subject of your complaint and your specific request (if any). Subject to any applicable laws in the Territory, we will respond to your complaint on a durable medium (e.g. e-mail) within 14 days from its receipt. If you are not satisfied with reply from the Oriflame Customer Services you may contact InfoMT@oriflame.com
12.2 If you are acting as a consumer, you have the option to resolve disputes electronically via the European Union ODR online platform for complaints and redress related to their contracts - the platform can be found at: http://ec.europa.eu/consumers/odr/. Consumers can also use the assistance of a consumer ombudsman or non-governmental organisations acting on behalf of consumers (where available). More information about national consumer protections authorities can be found in clause 4.30 above.
13. CODE OF CONDUCT
Oriflame strictly adheres to the Code of Conduct of ……………………. and 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 InfoMT@oriflame.com
14. 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 informatfion 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.
15. LINKS
15.1 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.
15.2 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.
16. PRIVACY NOTICE
16.1 Information about how we process your data can be found in the Oriflame Privacy Notice.
16.2. We undertake to keep all Personal Data secure. We will keep it on a secure server and will fully comply with all applicable data protection and consumer protection legislation.
17. FINAL PROVISIONS
17.1 Your Brand Partner Agreement is governed by and shall be construed in accordance with the laws of the Territory. Any disputes arising out of, or in relation to your Brand Partner Agreement shall be subject to the exclusive jurisdiction of the courts of the Territory.
17.2 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.
17.3 The failure of Oriflame to enforce any of the provisions herein shall not be deemed a waiver of their enforceability.
17.4 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 Brand Partner Reward 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 and/or the Terms will be made for valid reasons if they apply to these Terms and/or Brand Partner Agreement and 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 subject to the applicable consumer protection provisions, (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. The above applies also accordingly in case of any notice given to you under this Agreement.
17.5 Any such changes to your Brand Partner Agreement as mentioned in clause 17.4 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. Where we do not require your explicit acceptance, we will consider that you have accepted the changes if you continue ordering Products after the changes have been implemented. Where we require your explicit acceptance and in case you do not accept such changes within the specified time, your Brand Partner Agreement will be terminated but you will remain registered as a Member with Oriflame under the Terms and Conditions for Online Customers and Members and the Privacy Policy for Online Customers and Member.
17.6 You agree that Oriflame may assign or transfer this Agreement or any part of it to any Oriflame Group company.
17.7 By accepting these Terms you acknowledge 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).
17.8 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. Any notice given by email will be deemed delivered and received on the next business day following the date of transmission. 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 5 – the time period for returns runs from the date you inform us that you wish to return the Product.
17.9 The terms in this document take precedence over the other documents referred to herein.
17.10 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. CONTACT US
If you have any questions about your Brand Partner Agreement including these Terms, please contact us. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Our key information:
Name: Nommon Sàrl.
Address: 24, Avenue Emile Reuter - L-2420 Luxembourg
e-mail: InfoMT@oriflame.com
Registration number: B278229
VAT number: LU35122834
Last updated: 28 February 2025