Változtass a Vizeden, változtass az Életeden

Enagic szerződés

1.1. The company ENAGIC EUROPE GmbH (ENAGIC) sells to its customer’s wellness and lifestyle
products in the line of water filtrabon and condiboning through direct selling. Over the years, the
product range has been updated and appropriated according to the current needs of the market.
The ENAGIC distribubon system works through direct selling in which independent sales
representabves (Distributors) offer and sell ENAGIC products to their personal contacts. This system
is based on the ENAGIC Compensabon Plan pamerned aWer the Mulb-level or Network Markebng
system, which regulates the tasks of the Distributors according to their funcbonal posibons in the
organizabon. Furthermore, the Plan regulates the performance criteria a Distributor needs to meet
in order to reach individual funcbonal posibons as well as the compensabon paid for the successful
performance of each contractual task.
1.2. The Distributor and ENAGIC will cooperate in the realizabon and execubon of the ENAGIC
system and will work hand-in-hand in protecbng its integrity. In relabon to this, the Distributor will
perform his tasks both as an independent sales representabve and as an acbve contractual partner
who strictly observes the specificabons of the ENAGIC selling system, the Compensabon Plan, as well
as individual instrucbons issued by the company.
ENAGIC will be responsible in regularly updabng all necessary informabon about the products and in
making these documents accessible to the Distributor at all bmes.
1.3. A Distributor has the freedom to choose one’s Sales Area to conduct business, as long as ENAGIC
has officially introduced its products to this country. The complete list of approved countries will be
provided by ENAGIC in case of request.
2. APPOINTMENT, TASKS, AND THE STATUS OF THE DISTRIBUTOR:
2.1. APPOINTMENT
By way of being sponsored by another Distributor and once the applicabon was accepted by the
ENAGIC management, the new Distributor is admimed to the ENAGIC sales organizabon. He will
then be informed in wribng of his Idenbficabon (ID) number which will be used as a reference in any
transacbon made in the company. There is no applicabon fee to be a Distributor. Once the
applicabon is approved, the new Distributor may acquire from his sponsor a starter kit containing
forms, informabon brochures, and other materials needed to develop his business. This starter kit is
sold by ENAGIC at a reasonable price.
2.2 TASKS
a. SELLING ACTIVITY: The Distributor, as a commercial agent doing freelance sales work in the name
and under the account of ENAGIC, will sell to customers items within the ENAGIC product range. The
products can only be purchased directly from ENAGIC and will be distributed without any alterabons
on their design and name.
The Company offers no sales discounts or other concessions. Likewise, the distributor may not offer
these either. Any discount offered by a distributor may be a ground for terminabon.
b. STRUCTURING WORK: The Distributor, as a commercial agent doing freelance sales work will
collaborate on the development of the ENAGIC selling organizabon by recruibng new Distributors
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and supporbng all distributors who belong to his ‘Line of Responsibility’ by informing, instrucbng,
and mobvabng them.
2.3. STATUS + STATUS OBLIGATIONS
The Distributor, as a self-employed trader, will have to inform the communal authority about his
trade as a commercial agent in direct selling; and if required, apply for an ibnerant trader’s license.
He is responsible for fulfilling his business obligabons, parbcularly paying taxes, as well as
safeguarding an insurance (either public or private) in cases of liability, accident, sickness, and at the
event of inability to work due to old age or sickness.
2.4. BEHAVIOUR TO CUSTOMERS:
Distributors shall refrain from any misleading claims about the products and the purpose of contact
and should stop pursuing the customers for sales talk if the lamer requests so. Distributors will
idenbfy themselves with their names and as ENAGIC distributors.
3. ADVERTISING, SALES PROMOTION, AND INTERNET ACTIVITIES
3.1. In the course of his contractual acbvibes, the Distributor will present himself with the job btle
‘Self-employed ENAGIC Distributor,’ and, if applicable, add the btle of the funcbonal posibon he has
reached. Other uses of the company name, its products, and the trademark ENAGIC are prohibited if
outside the context of adverbsing and promobonal acbvibes approved by ENAGIC.
3.2. In the context of both his selling acbvibes and his structuring work, the Distributor shall only
make statements concerning ENAGIC products and ENAGIC selling system which correspond to the
statements from the official ENAGIC adverbsing and promobonal materials.
3.3. Distributors are only allowed to make their own website for adverbsing purposes by using one
of the ENAGIC Web Systems products which are officially recognized by ENAGIC, and which allows
distributors to choose a template that may be personalized with their own message and contact
informabon. These websites link directly to the Company website giving the distributor a
professional and Company-approved presence on the internet. Only these pre-approved websites
may be used by distributors. The distributors are neither allowed to independently design a website
that uses the name, logos, and product and service descripbons of the company nor may they use
“blind” ads on the internet which make product or income claims that are associated with the
Company’s products, services, and compensabon plan. Any person who violates the
abovemenboned rules is subjected to disciplinary acbons, including terminabon of distributor status.
Furthermore, the Distributor’s website domain address should not contain the word “ENAGIC”.
3.4. ENAGIC is the only authorized party allowed to sell and distribute official brochures, flyers, and
promobonal materials (whether it may be in print, electronic, or other form) containing informabon
about ENAGIC products and ENAGIC selling system to end customers. The Distributor may produce
his own adverbsing and publicabon materials (print, tv, radio, etc.) provided that these materials
correspond to the official samples provided by ENAGIC and they have a wrimen consent from the
company.
The Distributor should not present his individual ENAGIC acbvibes on the Internet, except through
ENAGIC Web Systems (see 3.3. above).
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3.5. The Distributor should inform the ENAGIC Management in advance about the venue, bme, and
content of any plans of promobonal acbvibes and events addressed to the general public. ENAGIC
may have the right to make changes or even cancel the event if doing so is deemed necessary to the
interest of the company, the ENAGIC selling organizabon, and its members.
3.6. Distributor tesbmonials and comments about ENAGIC, its product line, and its selling system on
print and electronic media are only allowed with a prior wrimen approval from ENAGIC.
3.7. There should be no claims of the therapeubc or curabve properbes of the products. In
parbcular, no distributor should claim that the Company products are intended to diagnose, treat,
cure or prevent any disease. Such statements are regarded as medical claims. Pursuant to the policy
of prohibibon of medical, curabve or treatment claims, Enagic enumerates specific implementabon
of these policies which shall include, but not be limited to:
1) Prohibibon of medical, curabve or treatment claims, whether expressed or implied;
2) Prohibibon of use of markebng and promobon materials describing the ability of Kangen
Water™ to alleviate, cure, diagnose, prevent, relieve, or treat any medical condibon,
disease, ailment or malady.
3) Any violabon of these guidelines merit disciplinary acbons, such commission suspension
and/or terminabon of distributor status.
4. COMPETITION AND CONFIDENTIALITY
4.1. The Distributor is allowed to sell other merchandise and services that do not compete with the
product range of ENAGIC. However, it is prohibited to present or adverbse these products together
with the ENAGIC product line. Furthermore, the Distributor shall infor
If a member of the Distributor’s Line of Responsibility returns any product within the durabon of the
right-to-return period, ENAGIC will deduct the commissions and remunerabons received by the
Distributor on the basis of this product’s sale from his bank account. This is in the event of the
return taking place within the course of warranty claim execubon as sbpulated by the law.
6. REVOCATION OF RETAIL CUSTOMER ORDERS
ENAGIC will concede to the revocabon of customer orders within the legally sbpulated right of
cancellabon for the period of two weeks from the day on which you acquire, or a third party other
than the carrier and indicated by you acquires, physical possession of the goods, given that the
product is unused. Even if the product was bought directly from ENAGIC by the customer, his
sponsor shall conform to this consumer-friendly rule following the established relabonship between
agents and clients. If a customer returns a merchandise to his Distributor following the instrucbons
of his right of revocabon, the Distributor is then permimed by ENAGIC to return the product to the
company. The Distributor should, however, ensure that the customer vigilantly followed the rules
and instrucbons of revocabon. ENAGIC is not obliged to take back any product that doesn’t conform
to these rules.
7. TERMS AND TERMINATION OF THE AGREEMENT
7.1. This Agreement is valid for an indefinite period of bme.
7.2. Each of the contractual party may terminate the Agreement unbl the end of the current month,
observing a period nobce of 14 days.
7.3. In addibon, each of the contractual parbes may choose to terminate this Agreement without
prior nobce due to excepbonal reasons of misconduct by the other party, which makes the
conbnuabon of the contractual relabonship unbl the regular date of nobce impossible.
It is not mandatory to send a warning before a terminabon nobce if the violabon in quesbon and its
consequences cannot be remedied or if the kind and extent of the impending damage make it
necessary to end the contractual relabons immediately.
7.4. AWer the terminabon of the Agreement, the Distributor has to observe a waibng period of six (6)
months before he is permimed again to start an ENAGIC distributorship.
7.5. The request of the Distributor to return his enbre inventory (in case of consignment) will be
interpreted by ENAGIC as the terminabon of the Agreement. This does not apply if the return is
based on warranty claims.
8. TRANSFER OF THE CONTRACTUAL POSITION, DEATH OF THE DISTRIBUTOR, CHANGE OF THE LINE
OF RESPONSIBILITY
8.1. ENAGIC may transfer its contractual obligabon (subject to this Agreement and completely
assuming the exisbng rights and dubes) at any bme to a successor company which conbnues in the
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same line of business. In the case that the Distributor does not accept the transfer and he nobfies
ENAGIC immediately, the contract will be terminated the following day aWer the nobficabon.
8.2. The Distributor, on the other hand, is only allowed to transfer his contractual obligabon if he has
a wrimen approval from ENAGIC. Such approval is only given if ENAGIC is convinced that the
individual taking over the obligabon is able to perform tasks and dubes performed under the
funcbonal posibon of the incumbent Distributor. Moreover, the incoming Distributor should be
willing to complete an appropriate training if required by ENAGIC.
8.3. The tasks and dubes of an ENAGIC Distributor are individualized, therefore may only be
rendered in person. This means that the contractual agreement ends with the death of the
Distributor. Excepbons may be accepted by ENAGIC if the precondibons of 8.2. are met and the
prospecbve replacement Distributor is able to present his heir’s cerbficate and refrains from calling
the company for compensabon.
8.4. In case of divorce, ENAGIC, at its own discrebon, may agree to transfer a mutually held contract
posibon to one of the separated spouses if a legally-binding final decree of divorce is presented.
8.5. ENAGIC does not permit Cross Sponsoring. This means that the Distributor is not allowed to
change his original Sponsor (as is wrimen on his applicabon form) and his line of responsibility.
9. WARRANTY CLAIMS OF DISTRIBUTORS:
ENAGIC guarantees the best quality from its products. In case the Distributor receives a defecbve
product, ENAGIC pledges to exchange this product within 30 days. The bme period starts as soon as
the Distributor informs ENAGIC in wribng about the condibon of his product and aWer he has
received the return number and shipment order from the company.
10. LIMITATION OF CLAIMS:
10.1. All claims under this contractual relabon, especially warranty claims, are subject to the statute
of limitabon of one year from the point at which the claim is due. This is recognized if the party
enbtled to the claim knows the facts establishing the claim, or if his lack of knowledge is caused by
gross negligence.
10.2. Any regulabon of the law sbpulabng an imperabve longer term of limitabon remains
unaffected.
11. AMENDMENTS IN THE CONTRACTUAL AGREEMENT AND THE RECOGNITION OF AUTHORITY OF
THE GERMAN LAW
11.1 If ENAGIC deems it necessary for the mutual interests of both parbes to change or amend any
part of the agreement or the ENAGIC Compensabon Plan, the Distributor will be informed
immediately through the usual communicabon tools used by the company and its Distributors. In
the communicabon, the Distributor will be nobfied about the date when the change takes effect.
The amendment will automabcally be implemented if no wrimen objecbon is received aWer a month.
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If both parbes cannot arrive at a mutual consensus, the contractual agreement will be terminated in
the next possible date.
Every amendment must be put into wribng (e-mail, website, and back-office) in order to be
considered valid.
11.2. Both parbes agree on the competence of the German courts. Every point in this Agreement
(including any claim or dispute that may arise) is subject to the applicability to the German law.
12. FINAL TERMS:
12.1. Both parbes state that no other contractual arrangement is in existent aside from the ones laid
down on this Agreement.
12.2. If one of the points sbpulated in this Agreement becomes or turns out to be invalid or
ineffecbve, the enforceability of the remainder of the Agreement shall not be affected. However,
both parbes are obliged to cooperate without delay on agreeing upon another point which replaces
the invalid and ineffecbve point but serves the same purpose as much as possible.

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