POLICY AND PRIVACY
Internal laws and regulations of EspadLand Company
Company: means EspadLand Direct Selling Company which has been incorporated under No. 559169-7296 in General Registry of Companies and Institutes of Sweden as private joint stock, hereinafter called Company.
Head office: head office of this company is located in Stockholm/SWEDEN
Business: based on FTC/DSA/DSE
Sales representative: means a person who receives specified rates as compensation plan outside the company as the mutual contract through direct sale of products to consumer or supporting and training sales representative for expanding and increasing sale of the company.
Contract: is a predesigned form which can be received as electronic file from website of the company.
Note: This contract doesn't create any employment obligation for the company and is excluded from labor act and insurance act.
Marketing unit code: is a unique code for every activity of every representative which is allocated to him/her after enrolment in the company.
Consumer(customer): is any person who buys the product in return for money for noncommercial purpose and only for his/her own consumption.
Products: means any goods which are exposed for placing order in the virtual shop in web of the company.
Compensation plan: is plan of the company for calculation and payment of a percentage of product sale in return for personal sale and of the sales group with Single levels as profit and commission or bonus of the sales representative.
Percent: is a commission which accrues to a person through effective sale plus effective sale of the company's goods by the sales team based on compensation plan. The calculated percent at due dates shall be remitted to the bank account announced by the sales representatives.
Company's goods: means the class of the goods under brand of EspadLand which has been produced for EspadLand Company.
Personal sales volume: means sum of the ordered and settled invoices from the virtual head office of the sales representative.
Team sales volume: means sum of the ordered and settled invoices from the virtual head office of the sales representative.
Settlement: means successful electronic payment of total price of an invoice by the sales representative or customer.
Virtual head office: is a space allocated to each sales representative on site of EspadLand on the basis of which it is possible to observe invoices and records of the received percent from sales representative along with the related financial notes. In addition, all demands of the sales representatives shall be traced through registration in the virtual head office.
Retailing price: means the announced price of goods in site of the company which is consumer price without inclusion of VAT.
Instruction: means regulations which the board of directors of the company approves based on requirements plus half plus one person and will be binding as of notification to the sales representatives by all predicted means.
Educational tools: means all virtual or physical tools and equipment which have been prepared by the company and given to the sales representatives by the company free of charge or for sale (excluded from the compensation plan).
Educational services: includes any personal or team training in different forms by the company, sponsors and trainers which are given to the sales representatives free of charge.
Retailing profit: 30% of the retailing price which is included in the payable price once the invoiced is registered.
Direct bonus: 30% of the retailing price which is included in the payable price once the invoiced is registered.
Website: means the online site of the company at www.EspadLand.com through which all exchanges between the sales representatives and the company are done .
Article 1- The Minimum age for membership in EspadLand is 18 years.
Article 2-Sales representative can enroll and be member of the group through internet and through official web of the company.
Article 3- All applicants shall give full identity information at time of enrollment and are protected by the company.
Note 1- In case the sales representative registers the fake and untrue identity information, the related position will be blocked.
Article 4. It is compulsory to register passport and nationality number in the registration form and in case the person has no identity, he/she can select the company as sponsor by registering the identity code announced by the company.
Article 5. Membership of the sales representative will be official upon receipt of the contract by the company. EspadLand based on its powers can accept or reject requests of the persons. In case of rejecting membership request by the company, a letter along with the reasons for rejection of request to the email address of the applicant.
Note 1- Being active in the company and receiving percent shall be subject to conclusion of the contract with the company and the sales representative shall confirm his/her contract after registration and completion of the announced documents by pressing request for investigation in his/her panel back office.
Article 6- In case the sales representative cancels membership and withdraws from activity in the company, he/she shall give the original membership request along with new identity through head office to the company.
Article 7- Membership in EspadLand is free and doesn’t require payment of money or purchase of product.
Article 8- Potential expenses of the representatives for marketing and absorption of the customers shall be paid by them and the company is not obliged to pay such expenses.
Article 9-Upon acceptance of the applicant's registration form by EspadLand, a virtual head office is allocated to him on website of the company and the sales representative can enter it by referring to the website of www.EspadLand.com and entering the username and password.
Note 1- The representative should protect username and password of the head office of the sales representative and in case he/she neglects it leading to its disclosure, the sales representative shall be responsible for any withdrawal and leaving the position.
Article 10. EspadLand has no obligation toward the sales representative of any rank whatsoever such as payment of fixed salary, premium, etc.
of the sales representatives
Article 11. The sales representatives are divided into 4 classes based on the ranks attained in the last month ended to their activity:
Bronze /Silver /Gold /Diamond
Article 12. All goods supplied by EspadLand trademark registration number, guaranty card and product ID number.
Article 13. Technical specifications of the goods which includes picture, weight, type and price of them are given in the shop section of the official website of the company. Since the products of EspadLand Company are the handicrafts, customer accepts that the received product is different from photo of the product on the site by 10 % to 20%.
Article 14. Company commits to inform the sales representatives of the necessary information and quantitative and qualitative changes in products of the company.
Article 15. Company shall change the type, brand and price of the goods and the sales representatives waived right of objection in this regard.
Order and settlement
Article 16. Products of the company shall be supplied and sold exclusively through website of the sales representatives and all orders should be registered in website of the company at wwwEspadland.com.
Article 17. Before full settlement of the order price through electronic portal, delivery of the products is not possible.
Article 18. The sales representative shall within 24 hours of confirmation of the registered invoice (ended to the same week) provide request for transfer of invoice to the services and support unit through head office.
Article 19. All sales representatives shall register order of consumers within 24 hours of receiving fund in website of the company.
Submission of products
Article 20. The company shall within 7 to 30 working days deliver the goods to the sales representative or consumer whose name has been registered upon registration of the goods order based on the determined destination in the customer's invoice.
Article 21. The sales representative active in cities where the branches have been registered can receive their goods in branch of the company or at home.
Submission cost will be added to the invoice as described in the invoice table on website upon registration of the order.
Article 22. Although signature of the goods receipt by the sales representative or any person whom he has introduced means authentication and soundness of the goods received by him/her, in case of failure or shortage of goods, the sales representative can trace the subject through services and support unit.
Article 23. In case the goods are found to be defective before delivery to the sales representative for any reason whatsoever, the company shall replace it.
Article 24. Percent of the sales representatives shall be remitted to their account based on the compensation plan of the company and after the weekend calculation (Sunday at 12 P.M) until end of the Thursday of the same week.
Article 25. All percent of the sales representatives can be remitted only to person account which has been included in the registration form in the name of the representative and cash payment out of the network is not possible.
Article 26. The company shall not pay any percent for recruitment to the sales representatives and the related percent and bonus shall be paid for sale of the products of this company.
Article 27. The percent will be paid based on the effective sale.
Article 28. Company has right to deduct the contingent debts of the sales representative to the company from his/her percent.
Article 29. The company shall follow laws of Sweden regarding application of tax, duties, premium, etc. and shall apply it in compensation plan and his/her sales invoice.
Article 30. Tax shall accrue to all those who earn income. Therefore, all sales representatives shall give tax declaration in accordance with the tax laws and regulations under Direct Tax Law. It is evident that the company shall not be responsible for the sales representatives' failure to give the tax declaration.
Article 31. In case percent of the representative is not paid at the above announced due date, he shall follow the subject upon submission of the bank printed statement through his/her head office to the services and support unit of the company. In case the subject is true in compliance with other regulations, percent of the sales representative shall be paid.
Article 32. In case the sales representative has doubt about the receivable percent , he/she can email his/her request with signature and fingerprint to CRM@EspadLand.com and in case the raised subject is true , the percent difference shall be remitted to his/her account.
Article 33. Advertisement about introduction of EspadLand brand and the distributed goods only belong to the company and the company acts in this field based on its policies.
Note 1-The sales representatives for advertisement shall observe provisions of the instruction announced by the company as the bylaw for advertisement, marketing and sale of the company's products.
Note 2- For any nonverbal advertisement, advertisement tools such as internet, SMS, and the like, it is compulsory to receive written permissible from the company and logos and trademarks should be used exactly as mentioned in the company's instructions.
Article 34. It is not permissible to use seductive advertisement methods and provide the altered or false information.
Article 35. All advertisement tools and equipment which are used for introduction of work and product will be produced by the company. Therefore, the representatives can prepare these tools if they tend to do.
Article 36. The ready to publish version of the catalog of the sales representatives is downloaded in their head office.
The sales representatives are not allowed to insert address, contact telephone numbers and email address of the company or its affiliates on their visitor card.
Article 38. The sales representative has no right to make and use any seal which bears name and logo of the company or telephone number or address of one of the offices of the company.
Article 39. It is not permissible to use spams (sending email to those who don’t tend to receive it) and autodial systems and SMS. Any breach of this article means breach of the laws and regulations leading to suspension or immediate cancelation of the violator's membership.
Article 40. Any advertisement for absorbing the sales representative through media system is not allowed.
Article 41. The sales representative with any organizational rank shall not interview with radio, television, newspapers and magazines or hold public conference or advertisement of the company, products and services without the prior agreement and written license of the company. All requests relating to media should be given to the company for coordination.
Article 42. In all exhibits, malls, temporary bases and other types of exhibit shopping which can be held in the exhibit, only one group has right to create base in the unit.
Article 43. In case there is company about interference of the sales market or advertisement market notified to the company, the company shall have appointed an impartial representative for observing documents and field study.
Article 44. In case of dispute, the company shall collect the documents and issue the final verdict by the following priorities:
Time priority for receiving the letter of introduction from the company
Time priority for concluding contract for holding exhibit booth
Time priority for holding the exhibit booth
Other reliable evidence and proof
Note 1- Priority for receiving the letter of introduction from the company shall be applied when the company's office is notified within 48 hours of conclusion of the contract with the organizer for holding the booth.
Article 45. The supervising manager shall recognize instances of the market interference. View of the supervising manager of the company is final and not reviewed.
Article 46. In case a person or persons don’t follow the issued verdict, the company shall stop activity of the violating sales representatives in the first stage through the written notice and in the second stage through suspension of the work position.
Article 47. Sale of the company's products in cyberspace is not allowed in compliance with the bylaw of advertisement by all sales representatives, however, the created web should be allocated exclusively to sale of products of the company.
Return of the products
Article 48. The sales representative shall not reject the request for return of the goods by the end user and decision about this case shall be made by the consumer and the company shall accept right of goods and services withdrawal in accordance with provisions of e-commerce act within 24 hours in case the goods is in sound condition and is not consumed at all such that its resale is not possible.
Note: Customer shall pay cost of sending and tracking and mailing the product.
Right of withdrawal starts as follows:
In case of sale of goods as date of submission of goods to the consumer and in case of sale of services since conclusion to 24 hours
Anyway, right of withdrawal of the consumer shall be applied after providing the information which the supplier shall give in accordance with the related laws.
Once the consumer uses right of withdrawal, the supplier shall return the received price without any claim as soon as possible to the consumer minus submission cost.
Right of withdrawal of the consumer once type of goods and services is not governed by the special conditions.
Note 1. Only goods inserted in the registered invoices will be accepted by the company within 24 hours ended to registration of request for return of goods.
Article 49. The sales representative can announce request for return of the purchased goods to the company under the following conditions:
A-The representative shall register request for the goods return through website of the company on internet to 24 hours
B-the sales representative shall deliver the returned goods to warehouse or one of the offices of the company under the conditions announced by the company regarding acceptance of goods.
Note 1- The returner shall return the goods to the warehouse or one of the offices of EspadLand. The returner can return it to the warehouse or one of the offices of EspadLand physically or through mail and all expenses resulting from return shall be paid by the returner.
Note 2- In case the sales representative refuses to accept return of the goods or direct return of the goods by the consumer by any means, the company is not authorized to refuse to sell the goods in the head office of the sales representative and deduct the related expenses based on provisions of this law. On this basis, the consumer shall return the goods upon giving the purchase invoice and delivery of the returned goods to the warehouse or one of the offices of the company.
Article 50. In case the returned goods are not accepted by the company, the return process will be stopped and recovery expenses of the returned goods from the company's warehouse shall be paid by the goods returner.
Article 51. In case of cancelation of the marketing contract, recovery of the sold products (exceeding 24 hours ended to cancelation of the contract) which can be resold and restituting the receivable price of the returned goods minus expense of submission and return of goods and retailing profit accruing to the marketer out of consumer price and non-refundable tax.
Note 1- The company can deduct the paid commission in return for sale of returned goods from the next commission of the related marketers.
Withdrawal and cancelation of the contract
Article 52. The sales representative can at any time withdraw from membership and activity and in this case, the company will inactivate his/her position by committing to pay all accruing percent’s in accordance with provisions of this law. For this purpose, he/she can register his/her withdrawal request by logging in the section "request for withdrawal of activity" in his/her virtual office and filling out the related form through internet.
Article 53. It is not possible to register the contract in the name of two or more partners.
Article 54. In case the active sales representative of the company enrolls and registers another position and this is proved for the company, new position will be inactivated upon the written notice.
Article 55. It is not permissible to sell or transfer a position or benefits resulting from it to another person whether or not definitely and in case this act is committed secretly, the company shall cancel the said position.
Note 1-It is permissible to transfer the position to the first degree relatives (children, father, mother, sister and brother) or wife/husband based on the legal requirements or notarized deed. Applicants of this transfer shall give their formal and written request to the company and the position will be transferred after agreement of the company.
Article 56. Considering definition of a marketing unit code for the passport code of the position owner, it is not possible to change name of the position and finally change the passport code.
Note 1-In case the sales representative enters name and surname /account number by mistake at time of registration, he/she shall request for its correction. It is necessary to note that the account number should belong to the position owner.
Article 57. In case a position is cancelled, its sales representative of the position shall be directly linked to higher sales representative of the cancelled position.
Article 58. A member has right to introduce a person with the following conditions as beneficiary during his/her life and heir of his/her position after death:
The beneficiary shall be the heir of the sales representative during his/her death.
It is compulsory to receive death certificate and probate as the necessary proof for transfer of the position.
Note 1- the company doesn’t recognize and accept transfer of the position and its benefits to the beneficiary until he sends the company the death certificate of the deceased person along with the completed request for new membership.
Note 2-After the company receiving the death certificate and registration form, the beneficiary can receive position of the former person and all benefits resulting from it since transfer of the position and he/she shall observe conditions of the contract and laws and regulations and shall perform duties of the former member.
Article 59. In case the person doesn’t appoint a beneficiary during his/her life, membership will be cancelled when he/she dies.
Article 60. It is not possible to change commercial position when the request is announced and all related requests will be applied after necessary formalities at the beginning of the future week.
Article 61. Every representative in the first year of membership shall give request for transfer at most two times.
Article 62. After elapse of 6 months of the representative's membership, request for transfer of the position shall be possible and applicable after investigating reasons of the parties by the branch authorities and also confirmation of the supervising manager of the company.
Article 63. In accordance with the notified regulations, the dissatisfaction registration system in the company has been taken into account in order to deal with the dissatisfactions of each sales representative and consumers.
Note 1-Registration of dissatisfaction and following it in this way doesn’t prevent following the dissatisfactions in the judicial authorities.
Article 64. Each of the sales representatives or consumers shall raise their problem through official website of the company related to dissatisfaction so that the supervising manager selected by the company can settle the case based on specified schedule.
Article 65. In case the dissatisfied person was not satisfied for any reason whatsoever, he/she can bring the action in any competent court after receiving the tracing code indicative of his/her dissatisfaction in the internal committee of the company.
Article 66. The cases mentioned hereunder in the internal dispute settlement plan shall be investigated in the company:
Announcing dissatisfaction of the sales representative against the company
Announcing dissatisfaction of the company against the company
Announcing dissatisfaction of the customer against the company
Announcing dissatisfaction of the sales representative against the sales representative of the same company
Announcing dissatisfaction of the customer against the sales representative
Note 1- In the first three cases where the company, if the satisfaction is not achieved ((after raising the problem in the company and receiving the internal dispute settlement code of the company), the parties can raise their dissatisfaction in the courts.
Note 2- Dissatisfactions in the other two cases (Announcing dissatisfaction of the sales representative against the sales representative of the same company and announcing dissatisfaction of the customer against the sales representative) shall be only raised in the internal committee of the company.
Article 67. The internal dispute settlement plan shall have the following characteristics:
Being fairness and having fast performance
Being purposive and transparent
Having easy access
Being free of charge
Article 68-In case a sales representative or customer has expressed his/her dissatisfaction through the legal authorities and beyond the dispute settlement plan, the company shall not investigate dissatisfaction in its dispute settlement plan and shall inform the sales representative and customer.
Note 1- The company can investigate dissatisfaction in its internal dispute plan if the sales representative or customer avoids handling dissatisfaction in other legal authorities with his/her consent.
Article 69. After the sales representative or customer expresses his/her dissatisfaction to the internal dispute settlement section of the company, the supervising manager shall within 3 working days send the information to another party. The respondent shall within 5 working days send the requested information to the supervising manager of the company. In case of failure to receive response during this term, the supervising manager shall announce the result in favor of the dissatisfied person. In case of sending necessary information and remarks by the respondent, the supervising manager shall announce the result within 10 working days.
Article 70. In order to realize the internal dispute settlement plan, the company has held a disciplinary committee consisting of three selected members (managing director or fully authorized representative, a member of the board of directors and one attorney at law) and verdicts of this committee are binding in scope of the determined jurisdictions by virtue of this law.
Article 71. The disciplinary committee of the company shall investigate the announced dissatisfactions based on article 71 and also handle violations of the sales representatives regarding violation of the laws and regulations, instructions and bylaws announced by the company and the competent authorities and the supervising manager shall directly handle it in other cases.
Security, working health and public rules
Article 72. The company shall during the contract (membership) give information including reports, list of customers, working reports and other related commercial information to the sales representative. Such information whether electronic or written is regarded as confidential information and is given to him/her only for notification of the sales representatives about the membership affairs.
Note 1- The sales representative can only use this information for improvement of planning, sale, services and training during his/her work trend and shall protect and maintain such information. The sales representatives shall not give this information to the third parties and not use such information directly or indirectly for their non-working activities and are not authorized to utilize the said information after cancelation of membership.
Note 2- By virtue of these regulations, the legal and criminal responsibilities resulting from misuse of the provided information to the sales representative shall be assumed by him/her and in case of any misuse or transfer and disclosure of this information by the sales representative, he/she shall be responsible in the legal authorities.
Article 73. All working information of EspadLand with agents, brokers, sales representatives and suppliers is kept confidential. The company has power to make this information accessible. Therefore, any effort of the members to gain access to this information directly or indirectly is prohibited and the violators will be conducted in accordance with the internal instructions.
Article 74. The sales representative shall observe the security principles to protect the password of his/her virtual head office and the company has no responsibility for penetration of others into the virtual office of the sales representatives.
Note 1- In case of any action through the username of the sales representative, the username of the representative will be blocked forever for hacking and disrupting the company's systems and he/she shall indemnify all damages which the company has incurred.
Article 75. Financial or working relations between the sales representatives and consumers are personal relations and the company by virtue of these regulations shall disclaim all consequences and effects of these relations.
Note 1- In case the mutual financial relations are indicative of violation of internal laws and regulations of the company and other laws and regulations relating to network marketing, the company can apply the regulations about violators.
Article 76. The sales representative has no right to conclude contract on behalf of EspadLand Company with the natural persons or legal entities and is not authorized to introduce him/her as agent or employee of the company.
Article 77. Any interference of the sales representative in the affairs relating to other sales representatives of the company including training, guidance, coordination, etc. is prohibited.
Article 78. The sales representative shall upon introduction of experiences and recruitment of the new sales representatives to them emphasize that this is a job opportunity for commissioning an independent business and is not regarded as employment relation between the invited person and the company.
Article 79. It is not permissible for the sales representatives to receive cash fund or any noncash property for introduction of the company to the persons and representatives in order to take special position through compensation plan of the company.
Article 80. In EspadLand policy, no domain or exclusive concession has been defined for marketing or sale (except for what has been prohibited expressly by virtue of the notified laws and regulations) and the sales representative can sell the products or absorb the sales representative and any sales representative has no right to grant , sell , transfer or assign such exclusive concession to others and any sales representative is free to start his/her commerce ay any region in accordance with the regulations.
Note 1- It is compulsory for the sales representatives with any rank to observe legal, customary and ethical requirements and also requirements of the company regarding attendance of the sales representatives in all branches, seminars and conferences held by the company.
Article 81. EspadLand only accepts responsibility for the presented educational materials on its official websites and in case the sales representative causes loss to the third parties (including another sales representative, consumer, etc.) by providing the unreal information or incorrect training, he shall indemnify the incurring damage.
Article 82. The company holds the consultative assembly of EspadLand comprising of the selected sales representatives to utilize views of the sales representatives and the manner of election of its members and jurisdictions of the council will be notified by the esteemed managing director of the company.
Article 83. The sales representative shall use equipment and tools of the company and deliver them again to the company in sound condition and in case he/she fails to keep the delivered properties to him/her, the company is authorized to withdraw from percent and bonus of the sales representative.
Article 84. All printed documents and sources, videos, photos, designs and slogans of EspadLand Company are protected by the copyright and shall not be renovated and used in any form without the prior written license of EspadLand fully or partly.
Article 85. Content of EspadLand website such as text, graphics, photo, design and plan are protected by the copyright and shall not be used without the prior written license of EspadLand for any commercial purposes and others.
Article 86. The sales consultants shall observe all laws, regulations and rules of membership and shall not take actions which may disrepute them or EspadLand.
Article 87. All members shall observe the ethical and behavioral rules when they attend the branches of the company.
Article 88. Activity of the sales representative is prohibited in illegal companies in case membership of the sales representative in these companies is ascertained, membership of the person without prior notice will be permanently cancelled.
Article 89. In case of failure to observe each of the laws and regulations of EspadLand and other related requirements, legal decisions of the company are applied as follows considering type and frequency of it by the sales representative:
Degree 1) Oral notice
Degree 2) written notice inserted in record of the violating sales representative
Degree 3) written notice upon receipt of the obligation physically from the violating sales representative
Degree 4) Suspension of the position of the violating sales representative for one month to twelve months
Degree 5) Cancelation of the contract and revocation of the position of the violating sales representative
Note 3- The company can deduct the incurring damages of the violating sales representative from percent of the performance in the next weeks.
Article 90. All regulations and bylaws which are enacted by the company regarding the disciplinary issues and published through the company's website and announced to the sales representative are regarded as these regulations and applied by the disciplinary committee of the company.
Article 91. EspadLand protects right to amend or change the laws and regulations, prices and method of goods presentation and compensation plan whenever it deems necessary and these amendments can be applied on the website of the company once they are completed.