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TERMINOS Y CONDICIONES DE USO

Acuerdo de Términos y condiciones
de Distribuidor independiente.

(please read carefully) - Terms used but not defined herein shall have the meanings as described in Worldwide Cosmetics Inc.’s Definitions of Terms.

1. I am competent and of legal age to enter into binding contracts in the state in which I enter this Agreement with Worldwide Cosmetics Inc.

2. I understand that as a Distributor, I am an independent distributor, and not an agent, employee, legal representative, partner or franchisee of Worldwide Cosmetics Inc. I further understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, or any state unemployment acts, state employment security acts or state workers compensation acts or any other federal or state laws applicable to employees. I agree to pay all applicable federal and state income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.

3. I understand that the acceptance of this Agreement by Worldwide Cosmetics Inc. does not constitute the sale of a franchise or a business opportunity under state or federal law and that there are no exclusive territories granted to anyone. I also understand that I am not acquiring any interest in a security.

4. I understand that my success as a Distributor is dependent upon my own efforts and skills. I do not anticipate receiving income as a result of the efforts of any individual or entity other than myself. Notwithstanding the foregoing, I understand that I am permitted to have my own employees who will be my sole and absolute responsibility and that said employee will be required to abide by the terms and conditions of our Agreement, otherwise this Agreement shall be immediately terminated in the discretion of the Company.

5. Regarding the accepted public sale price of the products, all registered distributors must adhere to the pricing policy established by the company. For retail sales, distributors may sell products to other distributors and non-distributors at a maximum discount of 50% off the list price of the product. For wholesale sales, distributors may sell products to other distributors and non-distributors as wholesale packages, at the same price that the company sells it, which means that the maximum acceptable discount offered should be the percentage discount with which the products were originally purchased. For promotions, distributors may sell products to other distributors and non-distributors at the same price at which the products were originally purchased, as long as the sale being made also includes a wholesale package. In case of violating this policy, the distributor's account will be blocked, losing all its benefits, including access to its website, placing new orders and obtaining commissions and said distributors could be subject to legal actions by the company. Additionally, if a distributor supplies products to another person who is violating this policy, this clause will also be considered violated and both distributors will be subject to the consequences set forth above in this policy.

6. If I fail to pay for products or services (including any and all applicable sales taxes and all shipping and handling charges) on or before the due date, Worldwide Cosmetics Inc. is authorized to withhold the appropriate amounts from my commission and bonus checks or withdraw the appropriate amounts from my credit card/electronic checking accounts, if any, which I have authorized Worldwide Cosmetics Inc. to charge.

7. Worldwide Cosmetics Inc. will not be responsible for the loss of any commissions and bonuses or other payments because of errors or delays in receiving agreements, orders, changes or other necessary information.

8. I have carefully reviewed the Worldwide Cosmetics Inc. Compensation Plan and Statement of Policies and acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time by Worldwide Cosmetics Inc. at its sole discretion.

9. Upon notification to its Distributors in an official publication of Worldwide Cosmetics Inc. or in a written document from Worldwide Cosmetics Inc. sent to me in my product order or by some other means authorized by Worldwide Cosmetics Inc., Worldwide Cosmetics Inc. may, at its discretion, unilaterally and prospectively amend this Agreement, the Worldwide Cosmetics Inc. Compensation Plan, the Statement of Policies, the terms of the Customer Membership Agreement, and any other agreements, policies, guidelines, programs and offers with or from Worldwide Cosmetics Inc. (collectively referred to herein as the “Worldwide Cosmetics Inc. Agreements”). I agree to abide by any and all such amendments and that my only remedy for not accepting any such amendments is to immediately terminate this Agreement. The continuation of my Worldwide Cosmetics Inc. business or my acceptance of commission and/or bonus checks or other payments from Worldwide Cosmetics Inc. constitutes my acceptance of any such amendments. I agree that Worldwide Cosmetics Inc.’s interpretation of the Worldwide Cosmetics Inc. Agreements will be final and binding.

10. My violation of any of the terms of the Worldwide Cosmetics Inc. Agreements or of any law in the course of my business activities may result, at Worldwide Cosmetics Inc.’s discretion, in forfeiture of commission and bonus checks or other payments from Worldwide Cosmetics Inc. on all or part of my Marketing Organization, cancellation of this Agreement, or other corrective action as specified in the Statement of Policies. If this Agreement is cancelled or terminated at any time for any reason I understand that I will permanently lose all rights as an Independent Distributor, and I agree to waive all rights and claims to my Distributor Organization and to all commissions and bonuses.

11. The Worldwide Cosmetics Inc. Agreements, as amended from time to time by Worldwide Cosmetics Inc., constitute the entire agreement between Worldwide Cosmetics Inc. and me and no other prior or future promises, representations, guarantees or agreements of any kind will be valid unless in a writing signed by Worldwide Cosmetics Inc. or contained in an officially authorized publication of Worldwide Cosmetics Inc. In no event shall any other agreement or publication, or any notices, correspondence, course of dealing, or other communication or lack of communication by Worldwide Cosmetics Inc. be interpreted to amend, modify or waive any provision of the Worldwide Cosmetics Inc. Agreements and I agree that I may not rely on such other communications for that purpose. Nothing herein will in any way limit Worldwide Cosmetics Inc.’s ability to unilaterally amend or modify the Worldwide Cosmetics Inc.

12. To the extent any provision of the Worldwide Cosmetics Inc. Agreements is, or is found to be, invalid or unenforceable under, or in violation of, applicable law, such provision will be deemed ineffective only to the extent of such invalidity, unenforceability or violation and will not invalidate or render unenforceable any other provision of the Worldwide Cosmetics Inc. Agreements.

13. The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the date hereof, unless otherwise cancelled. This Agreement shall not be deemed accepted by Worldwide Cosmetics Inc. until Worldwide Cosmetics Inc. has received the signed original of this Agreement, I have at least one Customer in my Distributor Organization, and I have received my first commission check. The Company may terminate this Agreement with or without cause upon fifteen (15) days written notice to the Independent distributor.

14. This Agreement shall be governed by the laws of the State of Florida.

15. If this Agreement is altered in any way it will not be deemed accepted by Worldwide Cosmetics Inc. except in its original unaltered form, regardless of passage of time or payment of commissions by Worldwide Cosmetics Inc. If this agreement is altered in any way, Worldwide Cosmetics Inc. may, in its sole discretion, deem this agreement to be void ab initio and require that I repay all commissions and bonuses paid to me.

16. I consent to Worldwide Cosmetics Inc. and its affiliates or partners sending me email messages, text messages, or notifying me by telephone or facsimile regarding its products, services, business opportunity and other topics that Worldwide Cosmetics Inc. considers may be of interest or benefit to me. I agree that my receipt of any telephone, e-mail, text message, or other contacts by Worldwide Cosmetics Inc. and its affiliates or partners or by Worldwide Cosmetics Inc. Independent Distributors shall not be deemed a violation by Worldwide Cosmetics Inc. of any state or federal telephone solicitation, no-call, anti-spam, customer protection or similar laws. Standard messaging rates apply for text messages. Please consult your mobile service carrier``s pricing plan to determine the charges for sending and receiving text messages.

17. I may choose to have an order processed in my account and pay said order by providing my debit or credit card information to the company via Whatsapp, text message, email, phone call or in written form at a business meeting. All orders are subject to the sales tax of my region, which will be added to the order total. Shipping & handling charges will also be added. The credit card provided for this order will be charged by a member of the company’s customer service team. Orders in which payment method is declined may not be processed. Attempts may be made by Worldwide Cosmetics Inc. to reprocess the order should my payment method decline; however, Worldwide Cosmetics Inc. makes no assurance that these attempts will be made. If my credit card is due to expire, I acknowledge that my issuing bank may update my expiration date automatically, which will allow Worldwide Cosmetics Inc. to process my order payment; however, I agree to be responsible for providing current payment. If an order cannot be processed due to payment difficulties, Worldwide Cosmetics will not be held responsible for personal volume shortfalls. I agree that Worldwide Cosmetics Inc. reserves the right to change my orders to subsequent payment methods added by me if my first payment method declines.

18. I consent to Worldwide Cosmetics Inc.’s publishing in any of its official material, whether print, audio or video or in any social media, my name, photograph, city and state of residence, the amount of commissions, bonuses, awards, prizes, and recognition paid to me, information regarding any car that is being paid for in whole or in part with a Worldwide Cosmetics Inc. car bonus, and other information that Worldwide Cosmetics Inc. customarily publishes about Independent Distributors.

19. I may not assign my rights or delegate my duties under this Agreement to any person or entity without the express written consent of Worldwide Cosmetics Inc.

20. I agree to hold harmless, indemnify, and release Worldwide Cosmetics Inc., its shareholders, officers, directors, employees and agents from and against, and I hereby waive (a) any claims or liability arising from or relating to the operation or promotion of my Worldwide Cosmetics Inc. business, and (b) any claims I may have for consequential, special or exemplary damages against Worldwide Cosmetics Inc. for any reason whatsoever.

21. In the event there is ever an issue related to the products sold by the independent distributor, the liability shall rest with the Manufacturer and not with the Company and the Independent distributor agrees to look to the Manufacturer for any remedies.

22. The Independent distributor agrees not to disparage, defame or speak badly, in any way about the Company, its employees, independent distributors or its products.

23. Worldwide Cosmetics Inc. reserves the right to move or change the dates of beginning and / or end of each sales and commissions period without previous notification. They could be different to the first and last day of each month. Distributors should call to the company, ask for the closing date and they will be notified of such changes or dates.

24. Worldwide Cosmetics Inc. reserves the right to name or disincorporate some Distributors as Independent Distribution Center, Redistribution Center, Superintendent, Manager, Director or Vice-president, assigning some monthly amount of money to help them afford their business development. But they continue being independent Distributors because there isn’t any labor relationship with the company.

25. All Distributors registered in Worldwide Cosmetics Inc. operate independently, they purchase products from the company, and they receive promotions, marketing strategies and company training. They are responsible for their actions, for the time and effort that spend in their businesses and the agreements reached directly with their customers, their teams and related. Worldwide Cosmetics Inc.is exempt from any claim for labor rights or other compensation that might be attempted by any Distributor or Distribution Center, Redistribution Center, Superintendent, Manager, Director or Vice-president against the company.

26. Worldwide Cosmetics Inc. reserves the right to accept or reject any investment requested by any Distributor or prospect.

27. The independent distributor agrees not to disparage, in any way, the Company, its employees or its products.

28. The independent distributor agrees while acting as an independent distributor and for six months after termination, he/she shall not recruit or enroll any customers or distributors of the Company.

29. The independent distributor agrees he/she shall not promote any competing products.

30. Redistribution Centers can willingly render delivery and dispatch services of products to company customers using their available product inventory. The independent distributors will receive a payment by the company for a specific number of products delivered to customers. The product deliveries must be fulfilled according the product amount and description listedin invoices previously approved by the company (this does not include products marked as gifts). In order to receive a payment for the products delivered, the distributors must appropriately report the delivered amount no later than 24 hours after the delivery date. As independent distributors, the Redistribution Centers are the only responsible party of the management and care of their product inventory and earnings.

31. These agreements survive your relationship with the Company and remain in effect for six months from the date of termination.

32. CHOICE OF LAW AND FORUM SELECTION. All controversies, disputes or claims between the parties, shareholders, officers, directors, agents and you arising out of or related to this Agreement or any other agreement between you and us or any of provision of any such agreement, our relationship with you, the validity of this Agreement or any other agreement, or any provision of any such agreement will be submitted to arbitration in Miami-Dade County, Florida. Such arbitration proceedings will be conducted in Miami, Florida and will be heard by one arbitrator in accordance with the then current commercial arbitration roles of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 se seq.) and not by any state arbitration law. The arbitrator will have the right to award or include in his/her award any relief which he/she deems proper in the circumstances, including, without limitation, money damages, specific performance, injunctive relief and attorney’s fees and costs, provided he/she will not have the right to award exemplary or punitive damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction.

33. Arbitration Clause. All controversies, disputes or claims between the parties, shareholders, officers, directors, agents and you arising out of or related to this Agreement or any other agreement between you and us or any of provision of any such agreement, our relationship with you, the validity of this Agreement or any other agreement, or any provision of any such agreement will be submitted to arbitration in Miami-Dade County, Florida. Such arbitration proceedings will be conducted in Miami, Florida and will be heard by one arbitrator in accordance with the then current commercial arbitration roles of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 se seq.) and not by any state arbitration law. The arbitrator will have the right to award or include in his/her award any relief which he/she deems proper in the circumstances, including, without limitation, money damages, specific performance, injunctive relief and attorney’s fees and costs, provided he/she will not have the right to award exemplary or punitive damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction.

34. Distributors must abide by the claims policy which establishes that claims can only be evaluated up to 60 days from the emission of the invoice corresponding to the disputed merchandise. Otherwise, the claim will be automatically dismissed.

35. The company’s refund policy states that refunds can only be approved up to 60 days from the emission of the invoice corresponding to the disputed merchandise. All refund inquiries go through an evaluation process before being approved. If the refund inquiryis approved, all bonuses granted to the upline structure will be deducted from the refunded amount.

36. Distributors must abide by the wire transfers policy which establishes that the company can only transfer funds to a distributor's bank account if said funds are generated by bonuses and incentives given by the company's compensation plans. The company will not transfer funds that are available on a Distributor's Ewallet thanks to one or several Ewallet Re-Charge transactions because all funds added to the Ewallet by placing a Ewallet Recharge order must be used to purchase products.

37. Confirmation of order shipment and delivery. Once the invoice corresponding to a specific order is emitted, the shipment of said invoice will be executed within a period of 1 to 2 working days. The company makes use of the services provided by transportation companies like FedEx, UPS and USPS to carry our shipments and deliveries. Orders will arrive at their destination after being shipped within a timeframe of 1 to 5 working days depending of the city of destination.

38. Only the client whose name appears on the order document shall be able to solicit the cancellation and refund of the given order. We request the client in question contact us personally. In order for the cancellation request and refund to be approved, the products received by the client must still be in their original state, that is, the products must have never been used or opened. In accordance with the specific situation presented, the financial funds received by the company would be refunded in a time period of 24 hours after the date in which the cancellation request was informed by the client, and said funds shall only be refunded to the client whose name appears on the order. These funds do not acquire any type of interest over time. In order to return the products back to the company, the client is expected to deliver said products to the address of the Authorized Distributor who conducted the sales transaction within a maximum time period of 24 hours after the refund was solicited. If the products are not returned by the client within the specified time frame, then the client shall be held responsible for not meeting the requirements necessary for the cancellation process to be approved and thus they would have to complete the payment for said products.

39. In the event of the death of an active distributor, the position and structure associated with said distributor will become owned by the company. The distribution of the bonuses generated by the structure previously owned by the deceased distributor will be subject to company’s discretion.

40. Any position that becomes inactive due to not making purchases for more than 3 months and that shares a primary shipping address with one of its sponsors, will become owned by the company. The distribution of the bonuses generated by the structure previously owned by the inactive distributor will be subject to company’s discretion.

41. No distributor can be changed from its original structure unless they have 12 months of inactivity, that is, 12 months without making purchases. Violating this policy implies the loss of all the benefits associated with the Eternal business plan as well as the right to access the website of the distributor that is in breach of this regulation.

42. Distributors must abide by the company’s sponsor change policy, which states that a request to change the sponsor of a specific distributor can only be accepted if all sponsors in said distributor’s scending line agree to the modification and if the company considers that the adjustment will be of benefit for all parties involved.

43. The parties waive any right to asset any claims against the other party as a representative or member in any class or representative action, expect where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorney’s fees or costs associated with pursuing the class or representative action; and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

44. Worldwide Cosmetics reserves the right to: modify, add, replace, or annul, any of the stated terms and conditions within this agreement without previous notification, simply by updating this document on the website under Section “Terms and Conditions”.

45. According to our financing plan policy, the sponsor that serves as endorser of a payment plan of one of the members of their structure must cover part of the outstanding balance of said member in case he or she is not able to comply with the weekly installments of their financing plan. Said charge will be carried out as a debit in the sponsor's wallet 15 days after the date of the last deferred payment for an amount of 50% of said installment. Likewise, the remaining 50% of the deferred payment will be debited from the Ewallet of all sponsors on the upline of said distributor who have benefited from bonuses as a result of their order. Debits will be made routinely for each installment that is delayed for 15 days or more. In the event that the debtor later pays what they owed, the amount debited on the sponsor’s Ewallet for this concept will be returned.

46. The company reserves the right to temporarily block a distributor's account when, in the company’s sole discretion, it considers that the distributor is engaging in an improper practice or an unlawful activity. The Distributor’s account will be blocked, until the Company confirms that the Distributor is acting within the terms of our agreement, and is not engaging in an unlawful or improper practice.

47. By registering as an Independent Distributor of the Company, the Distributor agrees and acknowledges that all benefits and bonuses granted under the Company Business Plan are subject to audit and verification by the Company. Said audit will be carried out for the purpose of validating that the Distributor is complying with the requirements established in the Company's Business Plan, including, but not limited to, the generation of sales, the registration of new Distributors, and the maintenance of an active status as a seller. Likewise, the distributor agrees to fully cooperate with the Company during any audit, providing all documentation and information requested. If as a result of an audit it is determined that a Distributor has not met the requirements set forth in the Company's Business Plan, the Company reserves the right to adjust, suspend or revoke any bonus or benefit granted to the Distributor. Additionally, if sponsor movements are detected within the same structure with the objective of increasing repetition or other bonuses, this action will be considered a violation of the company's business plan and the bonuses received as a result of these movements will be revoked.

48. Packages and/or products pending to be released that come from orders that were originated 2 years ago or more are subject to an extensive audit, with the possibility of ruling the period of time authorized for the release and/or request of said package and/or product as expired.

49. Furthermore, any account that has not made any purchases within the last four months will be transferred to the ownership of the company. Consequently, if the previous account owner wishes to place a new order, they will need to re-register under same previous sponsor, following the same process as any other new distributor.

I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL OF MY CHOICE.

I Agreed to and Accepted this Term and Conditions.

Agreements

When you click on the website "I AGREE TO ALL TERMS AND CONDITIONS" you already agreed, accepted and signed, electronically.