RESALE AND ADHESION COMMERCIAL CONTRACT TO THE RAMELK CLUB SALE PLAN OR RAMELK CONSUMPTION CLUB
This Resale or Consumption and Membership Agreement to the Ralmelk Sales Club or the Ramelk Consumer Club is executed on the date of its signature between ALPIS COSMÉTICOS LTDA, registered with CNPJ / MF under no. 01.117.466/000134, hereinafter referred to simply as “RAMELK”, e, on the other side, the person indicated on the previous page, hereinafter referred to simply as “CONSULTANT (A)”
Considering that Direct Selling is a system for marketing consumer goods and services through an autonomous network formed by independent resellers acting at their own risk;
Considering that all independent resellers are able to maintain commercial relationships with several companies that supply products and services, without any obligation of exclusivity;
Considering that Direct Selling presents itself as another channel of distribution and distribution of goods for companies;
Considering that the Consultant or Consultant wishes to act totally independently and without any exclusivity, as a reseller of RAMELK brand products, or by which company the brand owner chooses to fulfill orders, under this instrument, starting to integrate, thus, an autonomous network of consultants for sale or own consumption of products through CVR (Ramelk Sales Club) or CCR (Consumer Club Ramelk), based on a periodically updated business plan;
Considering the opportunity offered by CVR has to gain from its sales, due to the proposed Sales Marketing model; aiming to leverage sales, reconciled with the personal and professional growth of each Consultant(a);
RESOLVE the parties enter into this contract, properly instructed, dealing with the free manifestation of their wills, by mutual agreement, without addiction, blemish or coercion and irrevocably, irretrievable and irretrievable, according to the following clauses and conditions:
CLAUSE 1 - The object of this Agreement is the registration of the Consultant(a) Independent with the CVR plan (Ramelk Sales Club) or CCR (Consumer Club Ramelk), without subordination, without salary remuneration, no dependency relationship and no exclusivity, in force throughout the national territory, having the(a) Consultant(a) full knowledge of this situation, expressing their agreement and real intention to sign the Contract in this condition.
CLAUSE 2 – RAMELK makes available to its customers (your) Consultants(as), the(as) which are only considered(as) as such after registration approval, portfolio of cosmetic and non-cosmetic products, which will be acquired by these(as), through orders placed via the website or via email contact that will be provided to you in due course, for the purpose of reselling and making a profit, owing(a) Consultant(a) answer exclusively for the risks and losses of its commercial activity.
CLAUSE 3ª – To become a(a) Consultant(a) Independent, O(a) applicant must: a) be greater than 18 (eighteen) years or own 16 (sixteen) years and be emancipated within one of the possibilities listed by the Civil Code; b) Send double-sided copy of CPF and RG (valid) or CNH (valid); c) send proof of address; d) Keep ALL registration data always updated, responding and taking responsibility for the veracity and correctness of the information provided; e) the electronic address registered by the(a) Consultant(a) must be accessed periodically and kept up to date, because it will be the communication channel primarily used between RAMELK and(as) Consultants(as).
First Paragraph: O(A) Consultant(a) declares to be aware that e-mail is the tool used to receive and send information of an administrative nature, thus, essential for communication between the parties; so that it is obliged to keep the email used in the register always updated, so that he cannot claim ignorance of e-mail that has been proven to be sent by the company.
Second Paragraph: It is agreed that RAMELK will be able to carry out any and all diligence aiming at the approval of the data informed in the registration of the(a) Consultant(a), as well as consult credit protection agencies, such as, but not limiting: SPC, SERASA, Protest Notaries, etc., being able to refuse, at your discretion, the registration of(a) candidate(a).
Third Paragraph: The steps taken to analyze and eventually approve the registration of the(a) Consultant(a) will be made in strict compliance with the General Data Protection Law (lei 13.709/2018), so that the data from the(a) Consultant(a) will be obtained and processed for the sole purpose of this contract, being excluded when no longer needed.
CLAUSE 4 – At the time of signing this Agreement, O(a) Consultant(a) undertakes to make the minimum purchase in accordance with CVR plans or CCR, as well as paying the entrance fee, agreeing, that way, with the terms of this adjustment and doing so freely and consciously, so that you accept the conditions stipulated here.
Single paragraph: Once the documentation described in clause 3 is sent, proven the purchase of the minimum purchase, as well as the collection of the entrance fee and after the registration is approved, O(a) now Consultant(a) you can place your orders for the purchase of products directly through the RAMELK website, by email via email (according to the first paragraph of Clause 3).
CLAUSE 5 - The option of(a) Consultant(a) of entry into the CVR or CCR plan may change, if there is a manifest will, migrating from one to another, as long as it complies with the membership requirements of each plan; without this implying the return of values by RAMELK, paid at the time of the first registration chosen by the(a) Consultant(a).
CLAUSE 6 – The approval of the registration does not generate any obligation or exclusive right between the parties, both being absolutely free to enter into commitments with third parties, regardless of any warning, notification and / or authorization.
CLAUSE 7 - It is prohibited to(at) Consultant(a) yield the benefits, obligations and activities arising from this contract to a third party, regardless of the degree of kinship, nor that partially, or even through the constitution of representatives; under penalty of characterization of serious breach of contract, liable to motivated termination.
CLAUSE 8 – To stay active on the network, O(a) Consultant(a) must make at least a minimum purchase of 6(items) your choice, to each 06(six) months. The rules of how to be a(a) Consultant(a) active(a) detailed in Annex I, that must be read and understood carefully by the(a) Consultant(a).
CLAUSE 9 - O(A) Consultant(a), in case you have, or will have employees, will be the(a) only(a) and exclusive(a) responsible for any and all charges arising from said contracting, recognizing the absence of any employment relationship, if, its employees and / or representatives, towards RAMELK.
CLAUSE 10 - O(A) Consultant(a) expressly undertakes to maintain the highest standards of integrity, honesty, responsibility, cordiality and respect in negotiations with consumers and other Consultants(as) Independent RAMELK, assuming the responsibility of presenting the company's products in a fair manner, frank and genuine. Any damages resulting from fraudulent statements or that are lacking the truth or that are in any way intended to mislead the customer(a) Consultant(a) RAMELK is not responsible, who provided all the necessary guidance for him to develop his activity in a correct and complete manner.
CLAUSE 11 – O(A) Concultor(a) undertakes to promptly pay the bills for purchases made, it being agreed that failure to comply with this item may result in immediate blocking of orders, without prejudice to the debt collection pending by legal means (judicial or extrajudicial), duly plus fine, interest and monetary restatement, you can still have your registration blocked and or canceled.
CLAUSE 12 – Any and all payments required by national law that refer to the activities of the(a) Consultant(a), as a natural or legal person, are the sole responsibility of the(a) Consultant(a) autonomous(a), which must guide its conduct in line with and respect for federal laws, state and municipal governments that govern their activities, while still being subject to the laws of privacy and consumer protection.
CLAUSE 13 – O(A) Consultant(A) will not be in any way thank you(a) achieving goals, schedules, accountability etc., being free to resell others and any types of products, although similar or competing with RAMELK, being forbidden to present himself as an agent, representative or attorney for this.
Single paragraph: It is noteworthy that it is not guaranteed(at) Consultant(a) no certainty of yield, profit, success or any advantage in accepting this instrument.
CLAUSE 14 – To(AT) Consultant (a) it is strictly forbidden to use any materials for presentation and sales of RAMELK products that have not been expressly approved by it.
CLAUSE 15 – The delivery of products purchased by the(a) Consultant(a) at the address informed by the same, in person, to relatives, people residing at the same address or doormen, responsible for the payment of the products ordered and delivered there.
CLAUSE 16 – Any change of address for the delivery of products or registration data must be immediately communicated to RAMELK, under pain of answering the(a) Consultant(a) payments for products delivered to the address on your registration, being forbidden, still claim the non-receipt of correspondence and notification sent there.
CLAUSE 17 – O(A) Consultant(a) undertakes to fully comply with the rules established in the Code of Ethics before Direct Sellers and between Companies, of the Brazilian Association of Direct Sales Companies – ABEVD and the Code of Ethics and other internal policies adopted by RAMELK.
CLAUSE 18 – It is authorized by the(a) Consultant(a) for the company to disclose its name, photo, phone number and email address, in response to customer search, as well as on virtual platforms or other media, aimed at facilitating the sale of products to potential interested parties. If there is a need, O(a) Consultant(a) also agrees that the company may share its contact information with others(as) Consultants(as) CVR and CCR.
CLAUSE 19 – For the promotion of RAMELK products, O(a) Consultant(a) expressly agrees to only use the standard materials that will be provided by the company for advertising. Like this, disclosure on social networks is allowed, However, only of the materials made by the company. The disclosure of advertising manufactured in a “homemade / artisanal” manner is strictly prohibited.
CLAUSE 20 - O(A) Consultant(a) is fully and fully aware that whatever is given to you as a sample, bonus, premium, demo product, instruction, gifts or any other, are not intended for sale, getting the(a) Consultant(a) forbidden(a) to pass on such products to the end customer, whether for free or for a fee.
CLAUSE 21 - O(A) Consultant(a) to achieve SAFIRA status, ESMERALDA E DIAMANTE will be entitled to the bonus described in ANNEX I, provided that the requirements are met month by month, which will be evaluated in this journal.
Single paragraph: once SAFIRA status is reached, EMERALD AND DIAMOND, the same will remain for the duration of this contract; however, the receipt of the bonus will depend on the monthly fulfillment of the requirements referred to in the caput of this clause and ANNEX I of this adjustment.
CLAUSE 22 - Delivery and / or payment of any prize, bonus or equivalent, from promotional / motivational campaigns, or by complying with the requirements referred to in clause 21(at) Consultants(as) SAPPHIRE, EMERALD AND DIAMOND, will occur within 30 days after the end of the campaign or monthly periodical.
First Paragraph: Any payment of amounts in kind, inherent in this adjustment, will only occur by issuing an invoice or an autonomous payment receipt, regularly issued.
Second Paragraph: The submission of the tax document referred to in the previous paragraph must occur within 10 days before the expiry of the 30 days referred to in the caput of this clause; what does not occur will exempt RAMELK from observing the latter.
CLAUSE 23 – A RAMELK, at your sole discretion, may modify the terms of this Agreement, including any documents incorporated, in whole or in part, upon notice of such changes to the(a) Consultant(a) by means of: a) disclosure on your website; b) sending communication to the(a) Consultant(a); or c) sending a cell phone message to the(a) Consultant(a), according to data entered in your registration. All changes will take effect from the date of their publication / posting, unless otherwise stated. Case o(a) Consultant(a) disagree with any modifications, have the right to terminate this instrument, without any burden.
CLAUSE 24 – RAMELK may terminate this instrument regardless of any notice or notification if: a) any of the clauses contained herein are breached; b) don't follow the(a) Consultant(a) the company's Code of Ethics; c) denigrates in any way or by any means the good name and credibility of the brand or company; d) do not make the minimum purchase for 6 (six) consecutive months; e) market RAMELK products by any means other than direct selling or door to door.
CLAUSE 25 – Notwithstanding the provisions of the above clause, because there are no considerable investments made by RAMELK, neither by(a) Consultant(a) for the development of the activities covered by this Agreement, this instrument may be terminated, at any time and without any indemnity payment, by either Party, through written communication to another, with at least 15 (fifteen) days, in terms of Clause 473, of the Civil Code.
CLAUSE 26 – Notifications and communications to be sent under this Agreement may be made in writing, through the electronic address provided in the registration of the(a) Consultant(a) and / or in any other way provided for in this instrument. The RAMELK email address for communications under this Agreement is _________________________________.
CLAUSE 27 O(A) candidate(a) states that the statements made on the registration page are true, taking responsibility under, the penalties of the law, for all of them.
CLAUSE 28 – For having read, fully understood and accepted the terms of this instrument, O(a) Consultant(a) promotes the competent accepted, so that it produces its legal habits.
