Standard Terms and Conditions
Standard Terms and Conditions of Bodylizer Swiss Ltd.
Bodylizer Swiss Ltd., a company headquartered in Swizterland, sells a variety of products such as skincare and body care cosmetics. The independent partners of Bodylizer Swiss Ltd. («Partners») may purchase the products for their personal use as well as participate in the marketing system. The Partner acknowledges that the following provisions, registration form, partner agreement form, bonus plan (combined as „Partner Agreement”) are binding.
Only individuals of full age can become a Partner. Partnership, Ltd.s, capital companies and any other forms of business entities may become a Partner only after verification and approval of Bodylizer Swiss Ltd. Under no circumstancies, an individual who has an ownership interest in or holds a management control position may participate in more than one partnership. Each individual may have one Partner position.
As a Bodylizer Swiss Ltd. Partner, I acknowledge that:
1. My relationship with the company is that of an independent, self-employed contractor. I agree that I am not, and will not state, represent, nor imply that I am an employee, agent, franchisee, partner, joint venturer or representative of Bodylizer Swiss Ltd. and that I have no authority to bind the Bodylizer Swiss Ltd. to any obligation. As an independent Partner, I agree that I am responsible for paying all income taxes and social security contributions due on payments received from Bodylizer Swiss Ltd.
2. I will be paid in accordance with the current compensation plan and solely for purchasing products for my personal use or for re-selling them to customers by me or my subordinated downline organization
3. My success is dependent on my personal objective target, the amount and quality of my work, follow-up and service put into the business I operate.
4. I will conduct my business in an ethical and lawful manner, which among other things includes the following aspects: (a) do nothing to harm the goodwill or good reputation of Bodylizer Swiss Ltd. or its other partners, (b) not use misleading, deceptive or unfair sales practices, (c) promote and describe the products truthfully and correctly, (d) not make negative statements about products, especially no comments regarding health aspects, (e) not suggest, directly or indirectly, that someone else will perform all the work necessary to obtain compensation, (f) not make any false or misleading income projections and not give any warranty regarding potential success or potential income.
5. Bodylizer Swiss Ltd. does not discriminate against or differentiate between anyone because of their religious or political beliefs. I agree that operating Bodylizer Swiss Ltd. business is not an appropriate medium through which to advance such kinds of beliefs, and I will not attempt to advance those beliefs at company events.
6. A Sponsor is a Partner who develops the network inside the Bodylizer Club by encouraging interested parties to become a Partner.
a. A Sponsor is obligated to (1) supervise and assist all subordinated Partners, (2) support the subordinated Partners in building their business, sales volumes and customer base, (3) maintain an ongoing communication and ensure that the subordinated Partners are properly trained with respect to the bonus plan and product line on an ongoing basis, (4) fulfill the duties of a coach, teacher, motivator and mentor.
b. A crossline sponsoring is forbidden. There are two types of crossline sponsoring. The first is the act of offering products or an income opportunity other than the Bodylizer Swiss Ltd’s to a Partner or their customers or to an employee of the Bodylizer Swiss Ltd. The second type involves suggesting to a Partner or a group of Partners that they change their Sponsor.
c. The Bodylizer Swiss Ltd. accepts the change of the Sponsor only in an exceptional case.
7.In order to promote products and business opportunities of Bodylizer Swiss Ltd. I will use only official company documents and advertising materials. I will not promote products on the Internet except through Bodylizer Swiss Ltd.’s own websites. Company`s products may never be sold or offered for sale on “auction platform” sites such as, for example, eBay or Ricardo. I will not manipulate the placement of Internet search engine results to the harm of the Company or other Partners. All other forms of advertising are forbidden. All kinds of media contacts, media enquiries about the Company must be reported to Bodylizer Swiss Ltd. immediately. Partners are prohibited from making statements to the media about Company related matters without prior written consent of Bodylizer Swiss Ltd.
8. I will not misuse any trade names or trademarks of the Company. Neither will I create or use any promotional material (other than those generated by the Company) that appears or represents that it is coming directly from the Company, or use a trade name or trademark owned by Bodylizer Swiss Ltd. in any Internet domain name or in the name of any business owned by me.
9. Bodylizer Swiss Ltd. recognises that Partners may wish to purchase products in reasonable amounts for their own personal use. However, all forms of excessive stockpiling or inventory loading through Partners or through others for the sole purpose of manipulating or optimizing the compensation system, are prohibited. By placing an order, Partners certify that they have used or sold at least 75% of their previous order.
10. I can transfer my position only upon the written approval by Bodylizer Swiss Ltd. and subject to any conditions specified by Bodylizer Swiss Ltd. Example: In case of my death or incapacity my rights and responsibilities as Sponsor shall pass to my legal successor in interest upon written request and proof of entitlement, subject to approval by Bodylizer Swiss Ltd. Such approval will not be withheld as long as the successor continues complying with the Standard Terms and Conditions (Partner Agreement).
11. I understand that any breach of any of these provisions could result in disciplinary action including termination of my relationship with the Company by fourteen (14) days written notice. I may terminate my relationship with the Company at any time by providing fourteen (14) days written notice to the Company. Upon termination, I will immediately cease representing myself as a Partner of Bodylizer Swiss Ltd. and will discontinue use of all Company names and trademarks.
12. Bodylizer Swiss Ltd. reserves the right to alter, modify or amend, at any time and at its sole discretion, product lines, wholesale prices, international point values, product specifications, packaging design and other materials. Furthermore, Bodylizer Swiss Ltd. reserves the right to alter or amend the provisions of these Terms and Conditions, Compensation Plan and any other published documentation. Upon notification any amendments are automatically incorporated in the agreement between Bodylizer Swiss Ltd. and Partner.
13. The Company may deduct any amounts owed by me to the Company from any payments that are owed to me.
14. Partner may return to Bodylizer Swiss Ltd. any unused products in original package (including training and promotional materials, business manuals and kits) within 14 days after purchasing and Bodylizer Swiss Ltd. shall pay to the Partner the price paid for the products less an amount equal to the reduction in their value resulting from possible product deterioration.
15. Conclusion of a contract and prices
- Offers and product presentations provided by Bodylizer Swiss Ltd. are non binding and without any obligation. All offers and price information, in particular as found in the price lists, on the website or stated elsewhere by Bodylizer Swiss Ltd. are subject to confirmation. They are only valid while stock lasts.
-- All prices are in the EURO currency.
-Agreed prices are final prices, this means they include VAT and other price components.
-Bodylizer Swiss Ltd. is not obliged to accept an order of purchaser. It is at the Bodylizer Swiss Ltd.’s sole discretion whether to accept an order or not. Should an order not to be processed, Bodylizer Swiss Ltd. will inform the purchaser immediately and will return already received payments without delay.
- Bodylizer Swiss Ltd. informs the purchaser about the receipt of his/her order, however, this does not represent an acceptance of purchaser’s offer. The purchase agreement becomes effective by shipping the order, by notification that the order has been processed, or by written order confirmation, respectively. The statutory right of withdrawal shall remain unaffected. The purchase agreement will be stored by Bodylizer Swiss Ltd., however, it is not accessible to the purchaser.
- The purchaser is required to submit accurate and truthful information while placing an order so that Bodylizer Swiss Ltd. can provide its services. Should the purchaser breach these Standard Terms and Conditions, Bodylizer Swiss Ltd. is entitled to withdraw from the contract.
16. Shipping and place of delivery
- Goods shall be delivered to the postal address/delivery address provided by the purchaser, exclusively to the countries that are listed on the homepage of Bodylizer Swiss Ltd. and indicated on the order button. For the time being, customers with delivery addresses in other countries cannot place any orders.
-Bodylizer Swiss Ltd. will charge the purchaser with the costs of delivery, packaging and insurance as noted in price lists, in addition to product price.
-The details concerning delivery date are not binding provided that the contractual parties have not expressly agreed on „binding” terms.
-Labour disputes, official measures, raw material shortages, traffic obstructions, unusual circumstances, and the like, shall exempt Bodylizer Swiss Ltd. from the duty to deliver for the duration and to the extent of the disruption, unless Bodylizer Swiss Ltd. is responsible for these circumstances. The purchaser will be immediately notified about these circumstances. Any payments will be reimbursed without delay. The place of performance for all services provided by Bodylizer Swiss Ltd. is the Bodylizer Swiss Ltd. headquarters. Bodylizer Swiss Ltd. is also entitled to dispatch products from another location.
-Erfüllungsort für Leistungen der Bodylizer Swiss AG ist der Sitz der Bodylizer Swiss AG. Bodylizer Swiss AG ist berechtigt, Produkte auch von einem anderen Ort zu versenden.
17. Payment conditions and retention of title
Unless otherwise agreed, Bodylizer Swiss Ltd. executes the deliveries upon advance payment only. For deliveries settled against invoice, the amounts shown are due and must be paid immediately and without deduction. Discounts will not be granted. Only after the full purchase price has been paid, will ownership of the goods pass over to the Purchaser. For the duration of title retention, the Purchaser shall be entitled to the ownership and contractual use of the object of purchase, as long as he has duly fulfilled his payment obligations.
18. Data protection privacy
19. Costs of return
The purchaser is charged with the regular costs of returning the delivery unless the delivered good does not correspond to the ordered product. In all other cases, Bodylizer Swiss Ltd. will not pay the cost resulting from the delivery return. If delivery is refused or returned due to a defective address, you will be charged a delivery and re-delivery fee.
20. Any arising disputes or claims shall be governed by Swiss law, the place of jurisdiction is the headquarters of Bodylizer Swiss Ltd.
21. If any provision of these Standard Terms and Conditions is deemed illegal, invalid or unenforceable, the remainder of the provisions shall not be affected.