Platinum Health Europe - Customer Terms & Conditions
Welcome to our web site. Throughout this site we want to introduce you to Platinum Health Europe Products. Please bear in mind that by accessing this website, you are agreeing to abide by the Terms of Condition and the Privacy Policy.
Access to the site
Before buying any of our Products, you will need to:
1). Login to an existing user account ("Account") providing your email address and password. This is done during the Checkout process of the site ("Checkout")
OR
2). Register for a new user account ("Account") by registering online during the Checkout process of the site ("Checkout"). If you choose to register with us, you will be asked to provide personal details including shipping address, postal address and payment details.
Although we will use all reasonable endeavors to provide you with access to our Website for so long as these Terms are in force, we make no promise that our Website will meet your requirements or is fault free. If a fault or error does occur please report it to us by email (support@platinumeurope.biz) and we will attempt to correct the fault as soon as we reasonably can. We may have to temporarily suspend the whole or any part of the Website to allow for repairs, maintenance or the introduction of new content or facilities. We will restore our Website after suspension as soon as we reasonably can.
Ordering
You can order Products from us on our Website by completing the online order form at the Checkout or emailing your order to support@platinumeurope.biz. Receipt of the order does not constitute acceptance of your order which will take place only on dispatch of that order. Please note Products will not be dispatched until funds are cleared. Although we aim to dispatch Products in one consignment, sometimes this is not possible and we may need to dispatch Products separately. If so, our acceptance of the order in respect of each Product takes place when that Product is dispatched.
Ordering from non-EU Countries and Import Duties
You can make a non-EU order on our website. Please help us and our delivery companies by taking extra care with the address details to ensure they are correct. Please note your goods may be subject to import duties and taxes which will be levied when the order reaches the delivery address. You are responsible for payment of any such import duties and taxes. Platinum Health Europe has no control over these charges and cannot predict their amount. For further information please contact your local customs office before placing your order. Failure to pay these charges will result in your parcel being returned and a 25% restocking fee (of original invoice value) being applied to your order.
Please note that you must comply with all applicable laws and regulations of the country for which the goods are destined. PLATINUM HEALTH EUROPE will not be liable for any breach by you of any such laws.
Prices
Full details of prices are given in the Products section of our Website. You are responsible for payment of all taxes and duties in your local jurisdiction.
The price of the Product does not include the delivery charge nor does it included applicable taxes, both of which will be displayed at the Checkout.
Product and price information are both subject to change. If you make payment in a currency which is different to the currency of your Bank or credit card statements, then please note the price quoted may differ slightly from that charged to you due to currency fluctuations. We may need to review our prices if the cost of delivering the Products to you or if the cost of any resources or materials used by us changes, and such change is beyond our reasonable control.
Payment
Details on how to pay are set out in the Payment section on our Website. You agree that Platinum Health Europe may take commercially reasonable actions to validate your payment and account details. You will not be charged for items until they are ready to be dispatched. We will not dispatch the Product to you until we receive payment.
Personal Information
All use of your personal information will be in accordance with our Privacy Policy. Our Privacy Policy does not apply to any websites accessible via our Website that are operated by third parties.
Liability
Our Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The services provided by this Website are provided on an "as is" and "as available" basis. We are not responsible to you if we are unable to provide the Website or any Products for any reason beyond our control.
Our Website may provide content from other Internet sites or resources and while we try to ensure that material included on our Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.
Your exclusive remedy, so far as permitted by your local laws, (in respect of any claim for breach of contract, negligence or otherwise) in relation to the Products shall be limited to replacement of the relevant Product or a refund of the amount you have paid for the Product. Your statutory rights are not affected.
Neither you nor Platinum Health Europe will be responsible for any losses that the other suffers as a result of a breach of these Terms except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by Platinum Health Europe and you (such as loss of profits or loss of data).
RETURNS PROCEDURES:
We want you to be 100% satisfied with our products. If you are not happy with the products, please contact Customer Service within 60 days of receipt of the package for our money back guarantee.
English Customer Service: Support@platinumeurope.biz
German Customer Service: info@platinumeurope.biz
If you receive a return label for a free product return from Customer Service, please attach it to the outside of the package.
Platinum Packs, Enrollment Packs and Business Packs must be returned in their entirety in good condition unless pre-approved by Platinum Customer Service for a partial return. Returns must be received at our warehouse within 60 days of the date the original package was received by the customer. Returns received past the 60 day window will be rejected unless prior approval for credit has been attained.
It takes approximately 2 – 3 weeks for returns to be processed. Please let us know whether you would like your refund returned to the credit card or to the bank account used to pay for the original. We cannot refund a credit card or refund to a bank account other than the one used on the original order. Please let us know up front whether the credit card used on the order or the bank account is still valid.
PLEASE NOTE: All non-EU shipments may be subject to special fees by the government of the country to which the product is being shipped and therefore once the package leaves our facility, non-EU customers are solely responsible for the shipping charges and customs clearance, duties and taxes, and any other associated costs. Please consult your local customs authority for your local tax and duty rate on nutritional supplements. It is also the responsibility of the customer to know which ingredients/products are, or are not, allowed to be imported into the destination country. Platinum is not responsible for having that information readily available. Please note that if a package is returned to Platinum as a result of a dispute with customs, the customer in question will be liable for the outbound and return shipping.
*Platinum reserves the right and has the responsibility to refuse any refund where there has been an abuse of our return policy. Platinum reserves the right to charge a 20% re-stocking fee for products. The guarantee applies only towards products. There is no guarantee on Enrollment Packs or business tools. All refunds are handled at the discretion of Platinum Healths' management. Please note that standard refunds will not include any shipping fees incurred by the customer. In the event of a Company error or the receipt of damaged goods, please call Customer Service for more information.
SHIPPING POLICY
All orders ship during regular business hours. When choosing your shipping method please be advised of the following:
- Orders placed on the website will be shipped the next day.
- Orders placed by 8 PM CEST with Customer Service will be shipped the next day.
- Saturday Next Day Air shipments are only available to certain metropolitan areas by calling customer service. This is not a standard delivery service and the price will depend on the destination and weight of the shipment. Please check with Fed Ex to confirm service availability.
- Customs: Platinum is not responsible for any customs, conversion, or other fees associated with ordering from Platinum. Transactions are always processed using Euros. Platinum is not responsible for orders rejected by customs.
- Changes to your order after processing may cause delays within the shipping process.
General
You may not assign otherwise or transfer any of your rights or benefits under these Terms.
An electronic communication appearing to be from the e-mail address you supply to Platinum Health Europe establishes you as its’ originator and has the same effect as a document with your written signature on it. A copy of an electronic communication made by reliable means is considered to have the same validity as the original electronic communication.
If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
If any part of these Terms is found to be invalid by any court with competent jurisdiction the invalidity of that provision shall not affect the other provisions of these Terms which shall remain in full force and effect. No waiver or any provision of these Terms shall be effective unless it is made in writing.
Neither party will be considered liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is due to any cause or circumstance beyond that party's reasonable control and that failure or delay could not have been prevented or overcome by that party acting reasonably and prudently.
These terms shall be governed by and interpreted in accordance with the law of the Netherlands and the parties submit to the non-exclusive jurisdiction of the courts in the Netherlands in relation to any disputes arising out of or in connection with these Terms.
Platinum Health Europe - Distributor Terms & Conditions
MANDATORY GUIDELINES FOR INDEPENDENT PLATINUM EUROPE DISTRIBUTORS
These guidelines apply as part of the Platinum Europe Distributor Agreement
Platinum Health Europe B.V. is referred to below as “Platinum,” “Platinum Europe” or “the company.” Independent, self-employed Platinum Europe Distributors are hereinafter designated “Platinum Distributors” or “distributors.”
Ethical Principles
Independent Platinum Europe distributors are obliged to always conduct their business in ethical, moral and professional terms. Platinum Europe requires all independent distributors in their organisation to comply with the letter and spirit of these principles in their business activities.
Responsibilities and Rights of the Independent Platinum Distributor
The task of independent Platinum distributors is to sell Platinum products and services. They can also make use of the bonus plan and sponsor new independent Platinum distributors in all those countries in which the company is present.
They are obliged in their contractual activities to comply with the provisions of the Platinum sales and marketing system as well as the instructions of the company, Platinum Europe, which serve the effectiveness and integrity of this system as well as the smooth and effective process of cooperation under the system.
The Distributor as an Independent Contractor
The independent Platinum distributor is a self-employed distributor, is not an employee or representative of Platinum and is not authorised to otherwise act on Platinum’s behalf. All the costs of the distributor’s business operations including taxes and insurance are the distributor’s responsibility. Independent Platinum distributors are not entitled to tie the company to any obligation. Every independent Platinum distributor is requested to arrange their working hours themselves and choose their own way of working, as long as they adhere to the company’s guidelines and instructions.
VAT Identification Number
If the distributor is subject to VAT, they must submit evidence that a VAT identification number has been issued to them, along with the application for a contract with Platinum.
Compliance with the Law
Every independent Platinum distributor must conduct their business in accordance with the laws, ordinances and other provisions of the country in which they are registered. They alone are responsible for complying with all the legal provisions applicable to them and their business.
Maintaining Status as a Distributor
Status as a distributor applies for I2 months from the date of registration at Platinum. For this status to remain active the distributor must make at least one purchase every 12 months. If they do not order any products from Platinum for 12 months, their distributor status becomes inactive. The distributor loses their independent distributor position at Platinum and the independent distributors in their downline shift up to the next active independent Platinum distributor. This rule does not apply to organisations that are non-profit generators.
If the distributor loses their active distributor status, they must purchase a new starter kit and submit a new distributor application in order to become an independent Platinum distributor again.
Sales Activities
An independent Platinum advisor who wishes to sell a sales aid or service to another independent Platinum distributor, which is not sourced from Platinum but which supports the Platinum product or business opportunity, must first obtain written permission from Platinum. Any sale of this kind without Platinum’s written permission is strictly prohibited.
An independent Platinum distributor who personally sells literature, sales aids or services that relate to Platinum but are not derived from Platinum, may not induce or try to induce other Platinum distributors they have not sponsored personally, to buy or sell such literature, sales aids or services.
Independent Platinum distributors may sell products and services that are not derived from Platinum if they so wish. However, they may not exploit their knowledge of or connection with other independent Platinum distributors who they have not sponsored personally to promote or expand this other business. The recruitment of distributors not personally sponsored is strictly prohibited.
Only One (1) Distributor Position
Individual independent distributors may only hold one Platinum distributor position.
Married Couples
Spouses are regarded as contractors but they may also hold two distributor positions, if one spouse is sponsoring the other. The second distributor position may run under the spouse’s name or under a business name.
If two independent distributors operate their Platinum business independently of each other and decide to get married, they have the following options:
- The newly married couple may retain both organisations. Each distributor position keeps its previously sponsored lines.
- The newly married couple may sell one of the two organisations or transfer it to someone else (see Selling an Organisation).
- The newly married couple may simply give up one of the two organisations. In this case the next upline sponsor is given this organisation.
Dissolution of a Marriage or Partnership
If a couple who are jointly running a Platinum business divorces or separates, the Platinum bonuses will continue to be paid as prior to the divorce or separation, until Platinum receives a court judgement or a written notification, which both partners have signed and which establishes who retains the organisation and how future bonuses are to be paid.
Legal Succession
In the event of a Platinum distributor’s death or incapacity, their claims for bonuses and rankings as well as their obligations as a sponsor are passed on to their legal successor, provided the latter has submitted a written application and presents all the required documents. The subsequent independent Platinum distributor must submit a distributor application and meet all the obligations. This may be an already registered Platinum distributor, as long as they follow the company’s policies and guidelines, especially the rule about only one distributor position.
Product Return in the Event of Termination by the Distributor
An independent distributor may terminate the Platinum distributor agreement at any time without giving reasons by notifying the company in writing. If the independent distributor has purchased products to place in storage while their distributor contract was still valid, they may return products they have purchased within the last 12 months that are in unblemished condition and re-sellable. They shall then be reimbursed at least 90% of the original purchase price for these products.
This buyback rule applies only to Platinum products currently on sale, which the independent distributor has purchased from Platinum. Independent distributors who have obtained any materials from someone other than Platinum should understand that the supplier of such materials may have to comply with a buyback agreement, and not Platinum. Independent Platinum distributors who decide to invest in products that are not sourced from Platinum are advised to include a buyback agreement at the time of purchase of these products. Platinum is not able to mediate in obtaining such a reimbursement.
Independent distributors who cancel their distributor agreement must wait six months before they can become distributors again.
Confidential Information
It may be the case that Platinum discloses confidential information and data to the distributor during the course of their distributor contract. This may include lists of distributors, genealogical reports, business reports, financial information, manufacturer or supplier information, product information, commission or sales reports or other information, which Platinum designates as confidential. The distributor confirms by signing this agreement that this information is confidential and is disclosed to them by Platinum as strictly confidential. The distributor shall treat this information as strictly confidential and not notify, sell or forward it either directly or indirectly to third parties to use nor will they use this information to engage directly or indirectly in competition with Platinum. Upon expiry, non-renewal or termination of the distributor agreement, the distributor shall return all confidential information to Platinum without delay. This confidentiality agreement remains in force even after the end of the contractual relationship.
Price Changes
Platinum reserves the right to change the prices of its products and sales aids by giving reasonable notice.
Unfair Competition / Intellectual Property Rights
The company is solely responsible for the infringement of patent, copyright, trademark rights and third party copyrights, unless the distributor intervenes in the rights of third parties by means of arbitrary changes such as the labelling, presentation, design (including package inserts) of contractual products, product advertising and other significant elements of the Platinum sales and marketing system. Should the distributor be made liable in whatever form by a third party for infringements of such rights, the company shall reimburse the distributor’s costs required for their legal defence and shall support them in any possible legal dispute as far as possible – such as by making relevant documents and information available. Platinum shall in such cases also reimburse the distributor’s own dispute-related expenses and indemnify them in every respect.
Should the distributor be made liable under private or public law for a violation of the provisions of the law against unfair competition or provisions under public law (such as laws in relation to food, pharmaceuticals and advertising of medicinal products), where the reason for it lies either in properties of the products or in marketing methods specified by the company, the above paragraph applies correspondingly. In addition, the company shall compensate the distributor for any judicial or administrative penalties imposed on them due to a breach of such regulations.
Change of Contractual Terms and Instructions
If Platinum determines it is necessary to change or supplement certain regulations in these guidelines, the general terms of business and/or Platinum’s bonus plan, Platinum will notify the distributor in a timely manner by registered letter with the effective date of the new regulation. If the distributor objects to these changes, they have one month from receipt of the notification to object. Objections must be sent to Platinum in writing by registered letter. In the event that no agreement is reached, the company and the distributor shall terminate their contractual cooperation at the earliest possible termination date.
Platinum will always notify distributors in writing of any change or addition to the company’s instructions and explanations of the system, which relate to the implementation of Platinum’s sales and marketing system and are included in this paper or have been made known in some other way. Only in cases of special urgency will there be a notice period of less than two weeks.
The Distributor’s Customers’ Statutory Right of Withdrawal
Based on the statutory provisions for direct sales and marketing, the distributor must provide their customers with cancellation instructions in writing with the following content as prescribed by law:
Cancellation Instructions: Right of Withdrawal
You may cancel your purchase/your order without having to give any reasons within two weeks of placing your order. You may cancel in writing (e.g. letter, fax, e-mail) or by returning any goods you have already received. Please send to:
Platinum Health Europe B.V.
Postbus 9405
3506 GK Utrecht
The Netherlands
E-Mail: support@platinumeurope.biz
Fax: +43 1 205 9 332
Consequences of Withdrawal
In the event of cancellation, the benefits received by both parties are to be returned. Should you already have received goods, but have not been able to return them wholly or partly or only in deteriorated condition, you must compensate us for the value. This does not apply if the deterioration is due solely to inspecting the goods. You can avoid having to pay compensation if you do not use the items and refrain from doing anything that would adversely affect their value. All items should be returned at your expense and risk.
End of the Cancellation Instructions
The cancellation instructions can be handed out on an order form or a receipt or as a separate document.
100% Money Back Guarantee for Customers
The distributor is obliged to allow their customers the option to return any product within 60 days, if they are dissatisfied with the product for whatever reason. The customer in question then receives another product in exchange or the full purchase price less shipping costs. Platinum Europe shall compensate the distributor for the returned product as long as customer service receives the following from the distributor within 15 days:
- A signed confirmation with the customer name, address and phone number, the reason for the return and a receipt, which shows clearly that the customer has been reimbursed the full amount by the independent distributor.
- A copy of the invoice or receipt, which the customer has received or the appropriate credit card slip.
- The unused product in its original packaging or the rest of the product.
If a distributor fails to comply with such a request for a refund of the purchase price, they should expect their distributor agreement to be terminated.
If the return is due to a product defect or a wrong delivery, the provisions of the Civil Code apply.
Prohibition of Sales on eBay
Platinum distributors are prohibited from selling Platinum products either directly or via third parties on eBay, Amazon.com or similar sales channels.
Chargeback of Commission and Bonus Payments for Returned Products
Platinum pays commissions and bonuses based on products sold. However, Platinum cannot pay any commissions on products that may have been sold but have then been returned in exchange for a refund of the purchase amount. Therefore, Platinum will debit the independent distributor’s account for the amounts already paid for commission or bonuses based on a product sale that is later reversed.
Waiver of Contractual Rights
If Platinum does not insist on strict compliance with contractual regulations which are stipulated in the documents Application and Contract, Mandatory Guidelines, the Bonus Plan and Instructions and Explanations of the System, this does not mean that these contractual provisions, instructions and explanations of the system no longer apply, unless an authorised representative of the company declares in writing that the contractual provision in question, instruction or explanation of the system is waived.
Applicable Law and Jurisdiction
The validity, interpretation and fulfilment of this agreement and the jurisdiction responsible for dealing with disputes are determined based on the law of the country in which the respective distributor conducts their business.
Concluding Regulations
- These Mandatory Guidelines for Independent Platinum Europe Distributors, the Bonus Plan, the Distributor Agreement and the documents to which reference is made in these papers, constitute the entire basis for the contractual cooperation between the parties.
- In the event that Platinum determines that the parties’ common interest in continuing the company and its sales and marketing system and the protection of business interests of Platinum’s sales force makes it necessary to change or supplement certain regulations in this agreement or in Platinum’s organisational plan, Platinum shall notify the distributor in a timely manner by registered letter with the effective date of the new regulation. The distributor can object to the changes within one month of receipt of the notification. Objections must be sent to Platinum in writing by registered letter. In the event that no agreement is reached, Platinum and the distributor shall terminate their contractual cooperation at the earliest possible termination date. Necessary changes or additions to Platinum’s instructions, which relate to the implementation and integrity of Platinum’s sales and marketing system and are included in this document or have been made known in some other way are always announced in writing. Only in cases of special urgency will there be a notice period of less than two weeks.
- The independent distributor’s obligation to confidentiality (confidentiality clause) remains in effect even after termination or expiry of this contractual relationship.
Compliance with Instructions and Explanations of the System
The distributor is obliged in their contractual activity, which serves the sales and marketing of Platinum products and implementation of Platinum’s sales and marketing system, to strictly comply with the company’s relevant instructions and explanations of the system.
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