INDEPENDENT RETAILER STATUS
1.01 BECOMING A INDEPENDENT RETAILER
An applicant becomes a Independent Retailer (“Independent Retailer”) of Krizma Cosmetics Ltd. when the applicant's completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its Trading Office. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
Independent Retailer uses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, Independent Retailer will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other Company Independent Retailers.
1.02 NO FEE, CHARGE OR PURCHASE REQUIRED
No fee, charge or purchase is required to become an Independent Retailer.
1.03 INDEPENDENT RETAILERS OBLIGATIONS & RIGHTS
Independent Retailers are authorised to sell Company products and services.
Independent Retailers may refer new Independent Retailers to Krizma Cosmetics Ltd
1.04 LEGAL AGE
There is no legal age limit for Independent Retailers tradining with Krizma Cosmetics Ltd - Except for where products are governed by law
1.05 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organisations or trusts may become Independent Retailer partners of Company when the Agreement is accompanied by an incorporation number.
Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Independent Retailer entity must agree to hold such title, and Company will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.
1.06 INDEPENDENT RETAILER STATUS
Independent Retailers are Independent traders and therefore responsible for determining their own activities without direction or control by Company. They are not franchisees, joint venture, partners, employees or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Retailers have no authority to bind Company to any obligation.
Independent Retailers only carry the title for the purpose of the company, and doesnt carry any rights apart from what has been agreed prior to the acceptance of an account.
1.07 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or referring purposes. No geographical limitations exist on referring or selling within the United Kingdom; provided, however, that Company reserves the right not to sell product or services or contract with Independent Retailers in specified areas within United Kingdom.
1.08 - Account closure
Independent Retailer may voluntarily terminate his or her Independent Retailer account by emailing the company. [email protected] The account will be closed at the earliest opportunity
The account can be resinstated at any point by emailing [email protected]
The company reserves the right to terminate any account at any time. Reasons include but not limited to: absuive behaviour, brining the company or other retailers into disripute.
There is no appeal process
The acceptance of any reapplication of a terminated Independent Retailer account or the application of any family member of a terminated Independent Retailer shall be at the sole discretion of Company and can be denied.
2.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to Independent Retailer confidential information, including, but not limited to genealogical and refferal reports, customer lists, customer information developed by Company or developed for and on behalf of Company by Independent Retailers (including, but not limited to, customer and Independent Retailer profiles and product purchase information), Independent Retailer lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to Independent Sales Representatives in strictest confidence on a “need to know” basis for use solely in Independent Retailer business with Company. Independent Retailer must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-company activity directly or indirectly while an Independent Retailer and thereafter.
2.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, Independent Retailers must abide by all manufacturers' use restrictions and copyright protections.
2.03 VENDOR CONFIDENTIALITY
Company's business relationships with its vendors, manufacturers and suppliers are confidential.
TRADEMARKS, LITERATURE & ADVERTISING
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
3.02 USE OF COMPANY NAME
Independent Retailers may use the name of Company only in the following format: “Certified Retailer" This can only be used upon completion of training. No other use of the company trademarks is permitted
3.03 STATIONERY AND BUSINESS CARDS
Independent Retailer are not permitted to “create” their own stationery, business cards or letterhead graphics, if Company's trade name or trademarks are used. Stationery or business cards should be created with the Independant Retailers own company information
3.04 IMPRINTED CHECKS
Independent Sales Representatives are not permitted to use Company trade name or any of its trademarks or service marks on their business or personal accounts. This includes but not limited to Paypal accounts
3.05 REPACKAGING PROHIBITED
Independent Retailers may not repackage products or materials of Company.
4.01 DISCOUNTS are applicable to level of purchase per calender month. Discounts are automatically applied at the following levels
£0 - 299 = 25%
£300 - 499 = 30%
£500 - 1199 = 35%
£1200 - 1999 = 37%
£2000 + = 40%
PURCHASE & SALE OF PRODUCTS
5.01 - Products remain the property of Krizma Cosmetics Ltd until full payment is received.
5.02 PAYMENT OPTIONS
Purchases can be made through the website using Paypal, or the card processor. Cash and Cheques are not accepted
5.03 SHIPPING AND HANDLING POLICY
Subject to availability all products will be shipped by DPD or other similar service within approximately five (5) business days of receipt of payment. Payment for products shall be made at time of order. At Independent Retailer's option, the product may be shipped to a customer's designated “Ship-To address”, or to the Independent Retailer
Please see Our Shipping Policy for more information
5.04 RETAIL PRICING
Company provides a suggested retail price as a guideline.
5.05 SALES TAX
All purchases from Krizma Cosmetics Ltd have prices inclusive of VAT at the current rate of 20%
5.06 PRODUCT & SERVICES CLAIMS
Independent Retailers may make no claim, representation or warranty concerning any product or service of Company, except those expressly approved in writing by Company or contained in official Company materials.
5.07 BUYER'S RIGHT TO CANCEL
UK law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction.
5.08 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.
Company reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to Independent Retailer through official Company website and or official Company publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.
5.10 NON-WAIVER PROVISION
No failure of Company to exercise any power under these Policies and Procedures or to insist upon strict compliance by Independent Retailer with any obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Company's right to demand exact compliance with these Policies and Procedures. Company's waiver of any particular default by Independent Sales Representative shall not affect or impair Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Sales Representative. No delay or omissions by Company to exercise any right arising from a default effect or impair Company's rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
5.11 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws of Darwen Lancashire United Kingdom.
5.12 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS INDEPENDENT RETAILERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT SALES REPRESENTATIVE HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE INDEPENDENT RETAILER
Any communication, notice or demand of any kind whatsoever which either the Independent Retailer or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, Email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
Krizma Cosmetics Ltd.
Unit 1-3 Watery Ln Industrial Est
Darwen Lancashire BB3 2EB
Email: [email protected]
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