created by Anj
REGISTRATION FORM
VER. IT
FM GROUP PERFUMES IRELAND LTD.
18 The Sidings, Bantry, co. Cork, Ireland.
Application For Joining FM Group.
DATE: DD/MM/YYYY
Starter Pack`s No.
(optional)
CANDIDATE`S DETAILS:
Date Of Birth
SPONSOR`S DETAILS:
Name
Surename
PPS No./ID No.
Name
Address
Surename
City/Town
County
Country
Sponsor`s No.
Phone No.1
Phone No.2
E-mail address
BANK DETAILS:
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Account No.
The Regulations of an FM GROUP Club Member 1. Glossary 1.1. Distributor Price – the price for which a Distributor buys an FM GROUP Product from FM GROUP Branch; 1.2. Catalogue Price – the price of an FM GROUP Product indicated in FM GROUP Catalogue, for which a Distributor sells the FM GROUP Product to the final Client; 1.3. FM GROUP Club Member (Distributor) - an entity which is linked with FM GROUP Branch by an agreement of participation in FM GROUP Distributors Network; 1.4. Club Member of FM GROUP IRELAND – an entity which is linked with FM GROUP IRELAND by an agreement of participation in FM GROUP Distributors Network (Distributor Contract); 1.5. FM GROUP IRELAND – the FM GROUP PERFUMES IRELAND LTD company with the headquarters located in 18 THE SIDINGS, BANTRY, CO. CORK (correspondence address: 18 THE SIDINGS, BANTRY, CO. CORK), which runs a business activity in the area of direct sale of FM GROUP Products in MLM system and of providing advertising services on the basis of the franchising agreement signed with FM Group World; entry in the business activity registration kept by President of Wrocław - nr 171159, NIP: 898-195-24-47, REGON: 933001508; 1.6. FM GROUP World – FM GROUP World Andrzej Trawiński Sp. k., located in Wrocław, ul. Żmigrodzka 247, entered into register of entrepreneurs – KRS, kept by District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department of National Judicial Register at the KRS number: 0000268185, NIP: 895-187-00-93, REGON: 020411302; 1.7. FM GROUP Catalogue – a presentation of FM GROUP Products together with indication of their catalogue Prices, however, it is not an offer in understanding of Civil Code regulations; 1.8. FM GROUP Club (FM GROUP Distributors Network) – the whole community of FM GROUP Club members (Distributors); 1.9. Distributor Number – a unique number consisting of a sequence of numerals or a sequence of numerals and letters, given to a Distributor at the moment of conclusion of the agreement of membership in the FM GROUP Distributors Network; 1.10. FM GROUP Branch – an entity operating outside the borders of Poland and running a business activity in the area of direct sale of FM GROUP Products in MLM system and of providing advertising services on the basis of the franchising agreement signed with FM GROUP World in the country on the territory of which it runs the business; 1.11. Marketing Plan – a set of rules specifying among others necessary conditions that FM GROUP Club Members must fulfill to obtain a given efficiency level and rules of counting the amount of Commission admitted for obtaining a given efficiency level; 1.12. FM GROUP Products – products which are present in economic turnover at FM GROUP trademark, offered to Distributors by FM GROUP Branch; 1.13. Commission – the amount entitled to a Distributor on the grounds of obtaining a given efficiency level (according to the Marketing Plan), counted on the basis of Marketing Plan, and the amount can be in the form of a discount or payment; 1.14. Regulations - the present Regulations of an FM GROUP Club Member; 1.15. Sponsor – an FM GROUP Club Member who recommended (sponsored) a candidate for a future FM GROUP Club Member, when signing an Application for joining FM GROUP Club; 1.16. FM GROUP Trademark – letter–graphical trademarks “FM GROUP” and “FM GROUP FOR HOME”, for which FM GROUP World is entitled to the whole of property copyrights and the rights of industrial property; 1.17. Starter Kit – a kit of samples of selected FM GROUP Products, packed in original form together with training and promotional materials, to be used during direct sale or when providing advertising services of FM GROUP Products, the network and FM GROUP Trademark, however, the copyrights of presentation system belong to FM GROUP World. 2. Membership in FM GROUP Club 2.1. Any adult natural person, including the one who runs a business activity, as well as legal person, who will be recommended to FM GROUP Club by its member – a Sponsor, can become an FM GROUP Club Member (Distributor). A recommended candidate for an FM GROUP Club Member applies to FM GROUP Branch for accepting him/her to the FM GROUP Club: 2.1.1. providing a signed by him/her and the Sponsor Application to the address of FM GROUP Branch and purchases a Starter Kit necessary while presenting FM GROUP Products offer; a candidate becomes a participant of FM GROUP Distributors Network – FM GROUP Club Member at the moment of signing an agreement of participation in FM GROUP Distributors Network (an Application for joining FM GROUP Club) by a representative of FM GROUP Branch; 2.1.2. via the web page (by fulfilling an appropriate form), by fax or e-mail (by sending a filled out Application for joining FM GROUP Club by the number of fax or e-mail address stated on the website) and purchases a Starter Kit necessary while presenting FM GROUP Products offer; a candidate becomes a conditional FM GROUP Club Member and qualifies to make purchases of FM GROUP Products and to sponsor (recommend) candidates for FM GROUP Club Members. Within 30 days from the day of online registration he/she is obliged to deliver a signed by him/her and the Sponsor oryginal of Application for joining FM GROUP Club to FM GROUP Ireland by post. A conditional FM GROUP Club Member becomes a rightful FM GROUP Club Member at the moment of signing by a representative of FM GROUP Ireland an agreement of participation in FM GROUP Distributors Network (Application for joining FM GROUP Club), mentioned in the previous statement. One signed copy of an agreement of participation in FM GROUP Distributors Network (Application for joining FM GROUP Club) is for the new FM GROUP Club Member, one is for the Sponsor, who recommended the Distributor, and one is left in FM GROUP Ireland. 2.2. Both FM GROUP Ireland and an FM GROUP Branch have the right to refuse to conclude an agreement of participation in FM GROUP Distributors Network with a recommended candidate for an FM GROUP Club Member without adducing a reason. 2.3. A recommended candidate for an FM GROUP Club Member can conclude an agreement of participation in FM GROUP Distributors Network only with the FM GROUP Branch which operates in their country of residence. In case the country of residence of a recommended for FM GROUP Club Member entity is Ireland, the agreement of participation in FM GROUP Distributors Network can be concluded only with FM GROUP Ireland. The place of permanent residence (the centre of business operations) of an FM GROUP Club Member who is a private person or the place of their long-term residence (in Ireland – over 183 days in a calendar year) means the residency in understanding of Irish tax law regulations. The residency of a legal person is a place where its statutory seat or headquarters is located. 2.4. If no FM GROUP Branch operates in a given country of residence, the interested person can sign an agreement of participation in FM GROUP Distributors Network in any nearest place of residence in a country in which an FM GROUP Branch operates. 2.5. In case of changing place of residence by an FM GROUP Club Member, one must immediately inform about it in written – FM GROUP World and adequately FM GROUP Branch proper for the new place of residence. 2.6. An FM GROUP Club Member can have one Distributor Number in the FM GROUP World Distributors Database, with a reservation of point 6.9. and 6.12. of the Regulations and cases specified in Marketing Plan, however it also concerns a case of concluding an agreement of transferring – taking over the rights and obligations of FM GROUP Club Member between two FM GROUP Club Members. In the latest case, the entering FM GROUP Club Member continues the membership only at the Distributor Number taken over from the resigning FM GROUP Club Member, with a reservation of point 6.9. and 6.12. of the Regulations and cases specified in Marketing Plan. 2.7. FM GROUP Club Members who are co-partners of a private company of commercial law or co-partners of a civil company which runs a business activity covering direct sale of FM GROUP Products and providing advertising services, can have one collective Distributor Number when they apply for it in written; in the system of orders and settlements these people are treated as one FM GROUP Club Member. 2.8. The rights of an FM GROUP Club Member do not pass on third parties and cannot be given nor transferred on third parties, excluding the following cases: (a) co-partners of a private company of commercial law or co-partners of a civil company who were notified as running an activity of a participant of FM GROUP Distributors Network together with an FM GROUP Club Member, can continue an independent activity having the same previous Distributor Number, if the previous FM GROUP Club Member, who was a co-partner of a private company of commercial law or a co-partner of a civil company, withdrew from an agreement of participation in FM GROUP Distributors Network or died, (b) an FM GROUP Club Member can, after receiving a prior written permission from FM GROUP World, enter any adult natural person or legal person on his/her place in the FM GROUP Distributors Network, on the basis of a written agreement of transferring – taking over the rights and obligations of a resigning FM GROUP Club Member, however, the entity entered on the place of a resigning FM GROUP Club Member cannot be an entity previously deprived of the membership in FM GROUP Club due to transgressing the rules of the Regulations or other accepted, announced and known to FM GROUP Club Members rules of acting in FM GROUP Distributors Network or (c) a capital company of commercial law created as a result of joining or converting a legal person being an FM GROUP Club Member or a private company of commercial law, whose all co-partners acted after applying on one Distributor Number, may continue the activity at the previous Distributor Number of a converted or combined company of commercial law; in case of combining capital companies of commercial law that are FM GROUP Club Members or private companies of commercial law, whose all co-partners were FM GROUP Club Members and applied for and acted at one Distributor Number, the created company (as a result of combining) has a right to choose the Distributor Number at which it will continue its activity. 2.9. An FM GROUP Club Member, in the system of sales organization and multi-level marketing, exercises the rights of Distributors homogeneous for the whole FM GROUP Distributors Network. Any differences may result only from requirements of national law. 3. The rules and conditions of acting in FM GROUP Club 3.1. General rules 3.1.1. An FM GROUP Club Member receives points for purchasing particular FM GROUP Products. 3.1.2. The list of FM GROUP Products awarded with points and the amount of points for purchasing a given FM GROUP Product in a given country is established by FM GROUP World in agreement with adequately FM GROUP Branch, which are obliged to inform Distributors about them in a way enabling them to get acquainted with the amount of points before making a purchase of an FM GROUP Product. 3.1.3. An FM GROUP Club Member buys FM GROUP Products from FM GROUP Branch for the prices established in the price list available on the website of FM GROUP Branch, or announced to Distributors in any other way (Distributor Price). 3.1.4. An FM GROUP Club Member buys FM GROUP Products mostly in the country of residence, in which they signed the agreement of participation in FM GROUP Distributors Network. An FM GROUP Club Member has a right to purchase FM GROUP Products in a country other than the country of residence, however in the amount not exceeding 30 perfume items or point equivalence of 550.80 points within a calendar month. 3.1.5. An FM GROUP Club Member is obliged to buy FM GROUP Products awarded with at least 103.26 points within all 12 months; lack of such purchase results in expiring of the agreement of participation in FM GROUP Distributors Network on the day succeeding after the 12-month period. The period of first 12 months is counted from the date of entering into FM GROUP Club (concluding an agreement of participation in FM GROUP Distributors Network), and every next 12-month period – from the anniversary day of a Distributor’s entering into FM GROUP Club. 3.1.6. An FM GROUP Club Member is obliged to collect parcels and pay amounts due on term, and in case of not collecting of ordered FM GROUP Products – to pay the costs of a parcel’s return to a sender. Not collecting of a parcel containing ordered FM GROUP Products and, as a consequence, its return to FM GROUP Branch, will be treated as withdrawing from a sales agreement concerning the returned FM GROUP Products. FM GROUP Branch reserves a right to refuse to fulfill an order of an FM GROUP Club Member who does not collect parcels with ordered FM GROUP Products. 3.1.7. A candidate for an FM GROUP Club Member or an FM GROUP Club Member can declare, that he/she will purchase FM GROUP Products only for their own needs and that he/she will not run a business activity consisting in direct sale of purchased FM GROUP Products and providing advertising services of the network and FM GROUP Trademark, as well as he/she will not provide advertising services of the network and FM GROUP Trademark on the basis of commission agreement. Such a Member of FM GROUP Club will get the ‘Recipient’ status. He/she will be entitled to receive sale discounts for the purchased FM GROUP Products according to the rules stated in Marketing Plan, however, the given discount cannot exceed 90% of value of a given order of FM GROUP Products which include a discount. The given discount can be used only in the country of residence of an FM GROUP Club Member. An FM GROUP Club Member having the ‘Recipient’ status will not have the right to recommend (sponsor) candidates for FM GROUP Club Members, as well as he/she will not be entitled to receive a payment on the grounds of direct sale of FM GROUP Products and providing advertising services of the network and FM GROUP Trademark or on the grounds of providing advertising services of the network and FM GROUP Trademark on the basis of commission agreement. 3.1.8. A conditional FM GROUP Club Member, mentioned in point 2.1.2. of the Regulations, does not qualify to receive sales discounts and payments until the day of delivering an original signed Application for joining FM GROUP Club together with its two copies, and signing it adequately by FM GROUP Branch. Until the day of signing an agreement of participation in FM GROUP Distributors Network by both parties, he/she is also not entitled to start cooperation adequately with FM GROUP Branch in the area of direct sale and providing advertising services on the basis of “Agreement of direct sale and providing advertising services” or on the basis of commission agreement or on the basis of any other agreement. 3.1.9. Direct sale of FM GROUP Products cannot take place in shops, newsagents, stalls and any other stable organized retail points, as well as via internet auctions. 3.1.10. An FM GROUP Club Member can present FM GROUP Products on outdoor parties, fairs, open-air markets, but only for promotional purposes or in order to gain new FM GROUP Club Members. 3.1.11. An FM GROUP Club Member sells FM GROUP Products only at a catalogue Price determined in the FM GROUP Catalogue. Catalogue Prices do not concern periodic promotions. 3.1.12. FM GROUP Products are original products of FM GROUP. An FM GROUP Club Member cannot mislead potential buyers of FM GROUP Products. 3.1.13. The rules of determining an achieved by an FM GROUP Club Member efficiency level on the basis of collected points and the rules of counting Commissions entitled to him/her because of achieved by a Distributor efficiency level, are specified in Marketing Plan. 3.1.14. Commissions (payments or discounts) may be taken by an FM GROUP Club Member only in the country of their residence and in the currency binding in it. 3.1.15. An FM GROUP Club Member may submit an ‘Application for changing the location of payment’, on an appropriate form, directly to FM GROUP World or through the medium of adequately an FM GROUP Branch of their place of residence. In case FM GROUP World agrees to change the location of payment, a Distributor is entitled to take out Commissions in designated by him/her FM GROUP Branch and in the currency binding in the country of his/her activities. FM GROUP World has a right not to agree to change the location of payment or withdraw previously expressed consent without giving a reason at any time. 3.1.16. An FM GROUP Club Member, who will not buy FM GROUP Products of the total point value of minimum 34.42 points in the calendar month, loses the right to get a Commission (a payment or discount) claimable by him/her for that calendar month. 3.1.17. An FM GROUP Club Member is not an employee or agent, or commission merchant of the FM GROUP Ireland company nor FM GROUP World. It is therefore, he/she does not have a right to take any steps in the name and for the benefit of FM GROUP Distributors Network, and in particular to incur any commitments on behalf of and for the benefit of FM GROUP Ireland or FM GROUP World. 3.1.18. An FM GROUP Club Member cannot use FM GROUP Distributors Network for selling perfumes and other perfume products of third parties; he/she cannot also provide advertising services or perform marketing activities for the benefit of other companies dealing with direct sales of perfumes or other perfume products, nor disseminate information which could harm FM GROUP World company or FM GROUP Ireland. 3.1.19. An FM GROUP Club Member is obliged to inform FM GROUP Ireland in written of any change of data concerning them, and in particular such as: address of residence, change of the surname or the name under which he/she runs a business activity, change of a legal form of an activity, change of identity card’s number. In case of negligence of the above obligation, all activities carried out by FM GROUP Branch on the basis of the available data and information will be considered to be properly made and legally effective. 3.1.20. FM GROUP Ireland reserves the right to amend the point values determined by the present Regulations, on condition of receiving prior consent of FM GROUP World. A change of point values does not constitute a change of provisions of the present Regulations. A change of point values will be announced on the web site at the address: www.fmgroupireland.ie in Distributor zone available after logging. 3.2. The rules concerning FM GROUP Club Members who do not run a business activity 3.2.1. A Club Member of FM GROUP Ireland who is a private person and who does not run a business activity on their own account consisting in direct sales of FM GROUP Products and provision of advertising services of the FM GROUP network and Trademark, buys FM GROUP Products for their own needs for themselves and the members of their families and friends only in order to advertise and promote FM GROUP Products. 3.2.2 An FM GROUP Club Member who is a natural person and who does not run a business activity on their own account consisting in direct sales of FM GROUP Products and provision of advertising services of the FM GROUP network and Trademark, who buys FM GROUP Products from a distance (via the Internet, by phone, fax), within 10 days from the date of receiving from FM GROUP Ireland a delivery with the ordered FM GROUP Products, Starter Kits or other materials, can withdraw from the sales contract concerning this specific contents of the delivery, provided that he/she returns intact goods for their own account. A declaration of withdrawal should be in writing and be sent to FM GROUP Ireland before expiry of the 10-day period referred to in the foregoing. In case of withdrawal from the contract, the paid by an FM GROUP Club Member amount, lessened by the costs of dispatch, will be repaid within 7 days from the date of receipt of the goods by FM GROUP Ireland. All the points counted in favour of an FM GROUP Club Member from the sale of FM GROUP Products covered by withdrawal from the sales contract will be cancelled and deducted from turnover of withdrawing Distributor and from all the other participants of FM GROUP Distributors Network, in favour of whom these points have been counted. Correction of Commissions of these Distributors in relation to the withdrawal from the sales contract and return of goods by an FM GROUP Club Member will be made in the calendar month in which there has been a withdrawal from the sales contract, subject to the receipt by FM GROUP Ireland a statement of withdrawal from the sales contract at the latest to the last day of the calendar month. If FM GROUP Ireland receives a declaration of withdrawal from the sales contract in the next calendar month, it will make an appropriate correction of points in the calendar month in which it receives a declaration of withdrawal. If, as a result of correction of points, there will be unfavourable (minus) points calculated for a Distributor, then in case of completion of force of Distributor Contract for any reason, an FM GROUP Club Member will be obliged to settle an unduly counted Commission, including in particular to repay the obtained and unwarranted remuneration or discount. The right of withdrawal from the contract, referred to above, refers only to FM GROUP Products purchased by an FM GROUP Club Member from FM GROUP Ireland. 3.2.3. A Club Member of FM GROUP Ireland who is a natural person and who does not run a business activity on their own account consisting in direct sales of FM GROUP Products and provision of advertising services of the FM GROUP network and Trademark, who buys FM GROUP Products for their own needs, can provide advertising services, including promotion of FM GROUP Products and FM GROUP Trademark and receive remuneration on the grounds of advertising services of FM GROUP Distributors Network and FM GROUP Trademark on the basis of a commission agreement concluded with FM GROUP Ireland, covering a declaration of a Club Member of FM GROUP Ireland that advertising services in favour of FM GROUP Distributors Network are not carried out by him/her within the framework of a business activity. 3.2.4. A Club Member of FM GROUP Ireland providing, in accordance with point 3.2.3., advertising services in favour of FM GROUP Distributors Network and the FM GROUP Trademark on the basis of a commission agreement, in accordance with this agreement draws up a bill for the provided advertising services of FM GROUP Distributors Network and the FM GROUP Trademark (the content of the bill: advertising services of the network and the trademark of FM GROUP). The payment due which an FM GROUP Club Member is entitled to on the basis of a commission agreement is payable on the rules set out in the above agreement and Marketing Plan, with reservation that the payment entitled for a given calendar year shall be settled and paid at the latest to 15th January of the following calendar year. A Club Member of FM GROUP Ireland providing advertising services on the basis of a commission agreement does not have the right to receive discounts. 3.2.5. A Club Member of FM GROUP Ireland who does not run a business activity on their own account consisting in direct sales of FM GROUP Products and provision of advertising services of the FM GROUP Distributors Network and the FM GROUP Trademark, and who does not provide advertising services in favour of FM GROUP Distributors Network on the basis of a commission agreement, who buys FM GROUP Products for their own needs, can receive a discount for purchased FM GROUP Products. The discount granted cannot exceed 90% of the value of one order of FM GROUP Products covered by discount. The discount granted can be used only in the country of residence of a Distributor. 3.3. The rules concerning FM GROUP Club Members who run a business activity 3.3.1. A Club Member of FM GROUP Ireland can sell FM GROUP Products in direct sales and provide advertising services of FM GROUP Products as well as the network and the Trademark of FM GROUP in favour of FM GROUP Distributors Network; for this purpose a Club Member of FM GROUP Ireland concludes with FM GROUP Ireland an "Agreement to carry out direct sales and provide advertising services". A Club Member of FM GROUP Ireland carrying out direct sales of FM GROUP Products and providing advertising services of the network and the Trademark of FM GROUP on the basis of the above Agreement, acts on their own behalf and on their own account as an independent transactor. In connection with that, he/she is obliged to fulfill and comply with all the requirements provided by the regulations of law related to the run by him/her business activity. 3.3.2. A Club Member of FM GROUP Ireland running a business activity on their own account on the basis of "Agreement to carry out direct sales and provide advertising services", at the end of every reporting period covering the calendar month issues a VAT invoice or a bill for the provided advertising services of the network and the Trademark of FM GROUP (the content of the invoice or the bill: advertising services of the network and the trademark of FM GROUP). The date of payment of the VAT invoice or the bill is up to 14 days from the date of issue, provided they are delivered to FM GROUP Ireland before the time limit of the indicated payment. 4. System of penalties 4.1. In relation to an FM GROUP Club Member, who transgresses the rules of the present Regulations, Marketing Plan or other binding rules of acting in FM GROUP Distributors Network, established by the company FM GROUP World or FM GROUP Ireland, announced and known to FM GROUP Club Members or who fails to comply with the undertaken and accepted by him/her obligations, described above, FM GROUP Ireland has the right to use the following sanctions: 4.1.1. depriving of the right to recommend (sponsor) new FM GROUP Club Members, 4.1.2. a temporary suspension of the agreement of participation in FM GROUP Distributors Network, for the period of no longer than 6 months, which is an equivalent to the loss of the right to make purchases by the suspended FM GROUP Club Member in FM GROUP Ireland or an FM GROUP Branch and the loss of the right to receive discounts and payments from FM GROUP Ireland at the time of suspension of the agreement, 4.1.3. termination of the agreement of participation in the FM GROUP Distributors Network and deletion of an FM GROUP Club Member from the Distributors database. 4.2. Penalties described in point 4.1. can also be applied in relation to an FM GROUP Club Member, who: 4.2.1. takes steps that aim to take over Distributors operating in other group of FM GROUP Club Members to his/her group of FM GROUP Club Members or who carries out such a taking over, 4.2.2. takes steps that aim to transfer a whole group of FM GROUP Club Members which falls under any other Distributor to his/her group of FM GROUP Club Members or who carries out such a transfer. 5. Personal data 5.1. An FM GROUP Club Member by concluding an agreement of participation in the international FM GROUP Distributors Network voluntarily transfers their personal data to FM GROUP World and adequately FM GROUP Ireland or an FM GROUP Branch with which he/she has concluded an agreement of participation in the FM GROUP Distributors Network. 5.2. FM GROUP World and adequately FM GROUP Ireland or an FM GROUP Branch, with which an FM GROUP Club Member has concluded an agreement of participation in the FM GROUP Distributors Network is an administrator of the database, in which there are personal data of all registered FM GROUP Club Members. 5.3. An FM GROUP Club Member agrees to have his/her personal data and data necessary for settlements and cooperation processed by FM GROUP World and adequately by FM GROUP Ireland or an FM GROUP Branch with which he/she is linked by the agreement of participation in the FM GROUP Distributors Network, in the Distributors database of FM GROUP Distributors Network, created within the framework of organizing international FM GROUP Distributors Network, which carries out direct sales of FM GROUP Products in the Multi-level Marketing system (MLM), for the purposes connected with implementation of resolutions of the present Regulations of FM GROUP Club Member. 5.4. The purpose of collecting personal data of FM GROUP Club Members is: registration in the database of FM GROUP Club Members allowing making purchases and organizing of FM GROUP Distributors Network, making financial clearings and documentation of economic operations in accordance with the requirements of separate regulations, calculating points, discounts and payments and a correct documentation, maintaining contact with Distributors and with their groups, promoting the most active FM GROUP Club Members. 5.5. The recipients of personal data of an FM GROUP Club Member may be: (a) the other FM GROUP Club Members, (b) entities linked to FM GROUP World or FM GROUP Ireland personally or by capital, (c) potential customers of FM GROUP World or FM GROUP Ireland and third parties that wish to join FM GROUP Club, (d) courier companies cooperating with FM GROUP Ireland or an FM GROUP Branch and the Distributors, (e) companies that organize events for Distributors at the request of FM GROUP World or FM GROUP Ireland. 5.6. An FM GROUP Club Member has the right of access in their personal data and the right to request (by submitting an application) for their updating at any time. 5.7. Lack of consent for the processing of personal data, in accordance with the above provisions, is tantamount to lack of consent for concluding an agreement of participation in FM GROUP Distributors Network. 6. Termination of membership 6.1. An FM GROUP Club Member can terminate the agreement of participation in FM GROUP Distributors Network at any time with one week notice by submitting a written termination of agreement at the address adequately of FM GROUP Ireland or an FM GROUP Branch, with the effect at the end of calendar month. 6.2. Adequately FM GROUP Ireland or an FM GROUP Branch can terminate an agreement of participation in FM GROUP Distributors Network with an FM GROUP Club Member because of important reasons with one week notice with the effect at the end of calendar month. 6.3. The Agreement of participation in FM GROUP Distributors Network can be terminated by virtue of an agreement between the parties with the effect at the end of calendar month. 6.4. An FM GROUP Club Member who is a natural person and who does not run a business activity on their own account consisting in direct sales of FM GROUP Products and provision of advertising services can withdraw from an agreement of participation in FM GROUP Distributors Network at any time with immediate effect by submitting a written unilateral declaration of will directed at the address of FM GROUP Ireland; within 14 days from the date of making the declaration of withdrawal from the agreement, the person withdrawing may conclude an agreement of a resale in favour of FM GROUP Ireland for 90% of the purchase price the purchased by a Club Member of FM GROUP Ireland within 6 months preceding the withdrawal from the agreement of participation in FM GROUP Distributors Network: unused FM GROUP Products and Starter Kits, and all other informative-instructional and advertising materials, samples, demonstration and promotional sets, but on condition that they have been bought or made available by payment paid by a Club Member of FM GROUP Ireland during the 6 months preceding the withdrawal from the agreement and have been returned in a state suitable for further sale or usage in accordance with their intended purpose. At the same time the person withdrawing from the agreement will return the commissions, obtained by him/her from FM GROUP Ireland within 6 months from the date of withdrawal from the agreement, calculated from the goods returned to the firm. At the same time Commissions or points obtained by participants of FM GROUP Distributors Network related to the result of sale of these products will be adjusted accordingly. If particular FM GROUP Products have been the object of promotion or other price reduction, FM GROUP Ireland will repurchase the returned goods for 90% of the price paid by a Distributor for the returned goods, and when on the day of return the returned goods have already been withdrawn from sale by decision of FM GROUP World, he/she does not have the right to reimbursement of part of the price. The right to reimbursement of part of the price is not granted for the goods acquired in the last three working days of the last calendar month. 6.5. In case of a withdrawal by an FM GROUP Club Member the consent for the processing of their personal data in accordance with provisions of point 5, the agreement of participation in FM GROUP Distributors Network expires at the date of receiving by FM GROUP Ireland a written declaration from a Distributor in this matter. 6.6. Re-joining FM GROUP Club by a person with whom the agreement of participation in FM GROUP Distributors Network has been terminated by either a termination, or under the agreement between the parties, or as a result of withdrawal from the agreement, or due to the withdrawal of the consent for the processing of personal data, or as a result of deletion of an FM GROUP Club Member from the database because of an infringement of rules of the present Regulations, Marketing Plan or other binding rules of acting in FM GROUP Distributors Network, or conclusion of the agreement of the transfer-acquisition of rights and obligations of an withdrawing FM GROUP Club Member, is possible after 6 months from the date of termination of membership, subject to point 6.7. 6.7. In exceptional circumstances adequately FM GROUP Ireland or an FM GROUP Branch may express a written consent for the re-joining of a person with whom the agreement of participation in FM GROUP Distributors Network has been terminated before the 6-month period referred to in the previous point. 6.8. In case of termination of the agreement of participation in FM GROUP Distributors Network, its dissolution with the parties’ agreement or withdrawal from the agreement of participation in FM GROUP Distributors Network, as well as in case of expiry of the agreement of participation due to withdrawal by a Distributor the consent for processing of his/her personal data or termination of membership as a result of deletion of an FM GROUP Club Member from the database because of an infringement of rules of the present Regulations, Marketing Plan or other binding rules of acting in FM GROUP Distributors Network, as well as in case of conclusion of the agreement of transfer-acquisition of rights and obligations of a withdrawing FM GROUP Club Member, the remuneration, payable to an FM GROUP Club Member, with whom the agreement was terminated, for the period up to the day of its termination or expiry, should be paid to him/her. At the same time a Distributor is obliged to settle accounts with adequately FM GROUP Ireland or an FM GROUP Branch of unduly taken Commissions, if any obtained. 6.9. The management over a group of Distributors created by an FM GROUP Club Member, whose membership has ceased as a result of termination of the agreement, its dissolution with the parties’ agreement, withdrawal from it or expiry of the agreement of participation due to withdrawal by a Distributor the consent for processing of his/her personal data, as well as deletion of an FM GROUP Club Member from the database because of an infringement of rules of the present Regulations, Marketing Plan or other binding rules of acting in FM GROUP Distributors Network, FM GROUP Club Member, passes directly to the nearest Sponsor of an FM GROUP Club Member, whose membership ceased. In this case the Sponsor is entitled and obliged to act on the Distributor Number of the FM GROUP Club Member, whose membership ceased. 6.10. In case of conclusion of the agreement of transfer-acquisition of rights and obligations of an FM GROUP Club Member, the management over a group of FM GROUP Distributors created by a withdrawing FM GROUP Club Member passes to an entering FM GROUP Club Member in accordance with the agreement of transfer-acquisition of rights and obligations of an FM GROUP Club Member. 6.11. In case of expiry of the agreement of participation in FM GROUP Distributors Network as a result of failing by a Distributor in a given 12-month period to make purchases of FM GROUP Products awarded with at least 103,26 points, pursuant to provisions of point 3.1.5 of the Regulations, as well as in case of deletion of a conditional FM GROUP Club Member from the Distributors database as a result of failing to submit the original of Application for admission to the FM GROUP Club on term, the management over a group of Distributors created by an FM GROUP Club Member, whose membership has ceased, passes directly to the nearest Sponsor of an FM GROUP Club Member, whose membership ceased. In this case the Sponsor is not entitled to act on the Distributor Number of the FM GROUP Club Member, whose membership ceased. 6.12. In case of termination of membership in FM GROUP Club because of death of an FM GROUP Club Member who is a private person whose business is not continued independently by the co-partners of a private company of commercial law or co-partners of a civil company who have been nominated as running, together with an FM GROUP Club Member, activity of a participant of FM GROUP Distributors Network, as well as in case of termination of membership in FM GROUP Club because of liquidation of an FM GROUP Club Member who is a legal person, the management over an FM GROUP Distributors Network created by an FM GROUP Club Member, whose membership has ceased, passes directly to the nearest Sponsor of the dead or liquidated FM GROUP Club Member. In this case the Sponsor is entitled and obliged to act on the Distributor Number of the FM GROUP Club Member, whose membership ceased. 6.13. With the date of expiry of force of the currently binding franchise agreement linking FM GROUP World respectively with FM GROUP Ireland or an FM GROUP Branch, FM GROUP World enters into the whole of rights and obligations arising from Distributor Contracts merging Distributors respectively with FM GROUP Ireland or an FM GROUP Branch. FM GROUP World becomes at the same time the sole owner of these Distributors database. At the moment of signing the franchise agreement by FM GROUP World with a new franchisee, the latter enters into the whole of rights and obligations arising out of the above Distributor Contracts, on the day of conclusion of the franchise agreement. 7. Final provisions 7.1. In matters unregulated by provisions of the present Regulations, the regulations of the commonly binding Irish law, including the Civil Code will be applied. 7.2. FM GROUP Ireland reserves the right to amend the present Regulations, of which each FM GROUP Club Member will be notified in writing. 7.3. Within 14 days from the date of receiving the notification, an FM GROUP Club Member will have a right to refuse to agree to the proposed change of the Regulations. Lack of a written statement refusing to give a consent in the above term, will be equivalent to the acceptance of the proposed changes. Refusal to agree to the proposed change of the Regulations, submitted in the above term shall be equivalent to the termination of the Distributor Contract in accordance with the provision point 6.1. of the Regulations.
I Have Read And Accept
The Regulations Of a Participant In The Sales Network Of The FM GROUP.
Name & Surename
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