GENERAL CONDITIONS OF THE NATURORANGE SPONSORSHIP PROGRAMME

 

Preamble

  1. NATURORANGE C.B., with registered office at C/ Diputación, 1-1, 46220, Picassent (Valencia-España), and registered with Fiscal Identification Code (C IF) E-98507924, manages a community of purchases which allows the participants (hereinafter, "Affiliates or Godfathers") to obtain a series of benefits (hereinafter, "Naturorange Sponsorship Programme") by means of the purchase of products and commissions for services. Thus, the contracting parties are the Affiliates and Naturorange C.B: (hereinafter, "Naturorange").

 

  1. Object of the contract

1.1          The object of the contract is the management of the participation of the Affiliate-Godfather in the Naturorange Sponsorship Programme for obtaining the Affiliate Benefits through the purchase of products by his Godchildren as defined in these General Conditions of the contract. The products purchased by the Affiliate-Godfather and his or her godchildren in the online store (hereinafter, "Purchases") will be recorded in the Naturorange Sponsorship Programme in order to obtain the advantages of the Naturorange Sponsorship Programme.

1.2          The Affiliate will have the right to participate in the Naturorange Sponsorship Programme and to obtain the consequent Affiliate Advantages, according to the present General Conditions of the Contract. The Affiliate-Godfather may recommend the Naturorange Sponsorship Programme to other consumers and recommend them as new Affiliates. In this case, the new Affiliate will become an Affiliate-Godchild of the Affiliate-Godfather who proposed him or her. Participation in this contract and in the Sponsorship Programme by the Affiliate is free of charge and he/she is not obliged to make recommendations or to register new Affiliates, nor to achieve any kind of result.

  1. Contractual base

2.1          The applicant Affiliate-Godfather receives a personal identification number (hereinafter, "the Affiliate ID"), which gives him the right to participate in the Naturorange Sponsorship Programme.

2.2          For the formalisation of the contract between Naturorange and the Affiliate, the online registration mode must be used.

2.3          The affiliate declares that the data which he/she supplies to Naturorange are correct, and, if he/she had not told the truth in a culpable manner, he/she will compensate Naturorange and will exonerate it from all liability. The Affiliate undertakes to inform Naturorange immediately of any possible change in the personal details supplied at registration (especially, his home address, e-mail address, bank details, telephone number and other data supplied).

2.4          Only a single registration (that is to say, a single Affiliate ID) will be permitted per individual or legal entity. The registration must be made indicating the residential address or registered office of the Affiliate. Multiple registration carried out so as to unduly obtain Affiliate Advantages will empower Naturorange to terminate the contract for a relevant motive, as well as to cancel the Affiliate Advantages acquired in this way.  

 

  1. Legal Relationship

3.1          No kind of employment relationship, nor one of services, no commercial relationship between businesspeople or professionals, no partnership (especially, no association) is established between Naturorange and the Affiliate other than the participation of the Affiliate in the Naturorange Sponsorship Programme in accordance with these General Conditions of Contracting. Participation in the Naturorange Sponsorship Programme or, if applicable, the recommendation of new Affiliates, is carried out exclusively in the framework of an activity under the person's own responsibility, as a self-employed person, legally independent of Naturorange.

3.2          The Affiliate will only have a right to the Affiliate Advantages. The Affiliate has no right to any other compensation for his/her activity. The Affiliate will not have the right to compensation for expenses.

3.3          The Affiliate is not empowered to represent Naturorange nor to act on its behalf, and especially, he/she will not make or receive declarations to or from other Affiliates in the framework of the Naturorange Sponsorship Programme nor recruit new Affiliates. The Affiliate will not be empowered to receive money in cash nor to receive payment on behalf of Naturorange. Culpable breach of the present paragraph 3.3 will empower Naturorange to terminate the contract for a relevant motive.

3.4          Without the prior consent in writing of Naturorange, the Affiliate is not authorised to:

a)            use logos, fonts, brands, slogans, domains or other characteristic elements of Naturorange or those which might induce confusion or error with them;

b)           carry out, distribute or publish, whether in writing, in electronic format or in any other way (e.g. on internet pages such as Youtube and Facebook), visiting cards, presentations, videos, audio files, screen captures, web contents, media contents, brochures, prospectuses, web pages, applications, advertising material, advertising by ordinary mail or electronic mail, or similar which refer to or mention Naturorange or the Naturorange Sponsorship Programme; except the ones which are specified on the website to the Program Promotion;

c)            carry out acts, for example, information ceremonies, events, workshops or seminars, which refer to or mention Naturorange or the Naturorange Sponsorship Programme, or to

d)           recruit as Affiliates enterprises whether retail, wholesale or of any other kind, nor other companies which offer products or services to final consumers, or carry out negotiations or hold preliminary conversations or any kind of advertising activity which has as its objective to recruit such companies, and especially, he/she will not be authorised to do so on the premises of the company or near its location. Any individual or legal entity, whether publicly or privately owned, which acts directly or through another person on his/her behalf or following his/her instructions, with an aim related to its commercial, business activity, trade or profession is included in this prohibition.

 

  1. Naturorange Sponsorship Programme

4.1          By means of making purchases through its Affiliates-Godchildren via the online shop at the naturorange.com website the Affiliate-Godfather will obtain Affiliate advantages, to be exact, discounts on the purchase of Naturorange products or the reimbursement of money, in accordance with the present General Conditions of Contract.

4.2 In turn, the Affiliate-Godchild will obtain a discount on the purchase that he/she makes through the naturorange.com on line shop.

 

  1. Online Purchases

5.2          The payment of the Affiliate-Godfather Advantages for purchases made by the Affiliates-Godchildren of the Godfather through the Online Purchases mode has as a prior condition, in particular, that the legal space of time for withdrawal set down for distance sales has already passed and the purchasing Affiliate has not notified his/her withdrawal.  

5.3          The Affiliate will have the right to the Affiliate Advantages for the purchases made by his/her godchildren at the naturorange.com online shop, independently of the country from which the purchase is made.

 

  1. Affiliate Advantages of the Naturorange Sponsorship Programme

6.1          The Purchases of the Affiliate-Godchild accounted for in the Naturorange Sponsorship Programme allow the Affiliate-Godfather to enjoy the Affiliate Advantages. The Affiliate Advantages are the following:

6.1.1 Advantages of the Affiliate-Godfather: The Affiliate-Godfather will benefit from 10% of the total value of each purchase made by any of his/her godchildren. This value will be added to his/her account and the Affiliate may make use of it in the following manner:

a) By applying discount vouchers to the products that he/she acquires at the naturorange.com on line shop.

b) Reimbursement of the money: The Affiliate may ask Naturorange C.B. to reimburse the money obtained as an Affiliate-Godfather, provided that he/she has a minimum balance of €50 in his/her account. This reimbursement will be made by means of a bank transfer or cheque.

6.1.2 Advantages of the Affiliate-Godchild: The Affiliate-Godchild will obtain a 5% discount on his/her purchases with naturorange.com. In turn, the Affiliate-Godchild may become a Godfather requesting it to Naturorange, and also receive the advantages of the Affiliate-Godfather described above.

6.2          Naturorange reserves the right to vary the principles and percentages regulated here at any moment and without need for prior communication with the Affiliates of the Sponsorship Programme.

6.3          In order to calculate the Affiliate Advantages that should be received by the Affiliate-Godfather, the conditions that were valid at the moment at which the Affiliate-Godchild completed the payment for the Purchase made will be applied.

6.4          The payment of the Affiliate Advantages has among the prior conditions that the Affiliate has completed payment for the Purchases and that there is now no right to cancel the purchases without justification; in particular, the possible legal period of time for withdrawal established for distance sales must have passed.

6.5          At the request of the Affiliate, Naturorange may automatically transfer monthly to the account indicated by the Affiliate-Godfather the balance corresponding to the Reimbursement of money, starting from a minimum balance in the account of the Affiliate of €50.

6.6          Whenever purchases are made in a currency which is not the Euro, the amount will be converted automatically to Euros, in accordance with the reference exchange rate of the European Central Bank on the day of receipt of the payment by Naturorange.

 

  1. Personal Area of the Affiliate and services

7.1          Naturorange makes available to each Affiliate free of charge a Personal Affiliate Area at www.naturorange.com, where, after introducing his/her user name and personal code, the Affiliate may at any moment consult the Purchases that he/she has personally made and the purchases of his/her Affiliates-Godchildren whom he/she has recommended, and he/she will find information about his/her account and the Affiliate Advantages of the Naturorange Sponsorship Programme.

In the case of a possible unavailability of the web pages of Naturorange or of the personal area at www.naturorange.com, the Affiliate may contact, by e-mail or telephone, our Customer Services where he/she will be informed of the state of his/her account.

7.2          The Affiliate must conserve safely and treat with strict confidentiality the access data for the use of the Personal Area of the Affiliate (user name and personal code). He/she must not under any circumstances permit access to third parties to the user name or the personal code. At www.naturorange.com (my account area), the Affiliate will be able to modify his/her personal configuration at any moment.

7.3          The Affiliate undertakes to notify Naturorange withut delay of any undue use of his/her online access. After immediate blocking of access, the Affiliate will be sent new access data via SMS, e-mail or postal mail. In the case of damage caused to the Affiliate as a result of improper use, Naturorange will only be responsible to the extent set out in point 10.

 

  1. Data protection

8.1          To the extent that it is necessary to carry out the Naturorange Sponsorship Programme, and, therefore, to calculate the Affiliate Advantages, Naturorange, in its status as the responsible body for data protection, will compile, store and treat the personal data of the Affiliates. The supply of such personal data is voluntary on the part of each Affiliate and he/she expressly accepts by means of these General Conditions their collection and treatment, and has the right to access, rectification, cancellation and objection in accordance with the applicable legislation. Nevertheless, lack of consent, cancellation or opposition to the treatment will prevent the registration of the Affiliate and his/her obtaining the Affiliate Advantages of the Naturorange Sponsorship Programme. In the framework of this Sponsorship Programme, the Affiliate-Godchild consents to Naturorange supplying his/her Affiliate-Godfather with data on the volume of Purchases that have been made by him/her. Provided that the Affiliate gives his/her consent, Naturorange will also use the data of the Affiliates to supply personalised information on offers and products of Naturorange.

8.2          Any consultation relative to information, modification or cancellation of the data may go directly to Naturorange C.B., according to the contact details of the naturorange.com webiste.

8.3          In the Declaration on Data Protection, published at www.naturorange.com, it is possible to find more important provisions relating to data protection in the framework of the use of the Naturorange webpage.

8.4          Consent relating to data protection for the receipt of commercial communications. Through the present document, the Affiliate declares his/her agreement (revocable at any moment) to the collection, by Naturorange, of his/her personal data, including those relative to his/her purchasing conduct (interests and preferences, etc.) in the framework of his/her participation in the Naturorange Sponsorship Programme, and to the use of this information by Naturorange to prepare personalised information, as well as to contact him/her by postal mail or personally with the aim of giving publicity to the Naturorange Sponsorship Programme. The Affiliate may revoke his/her consent at any moment with effects in the future, in writing or by e-mail to admon@naturorange.com. If the revocation is effected in writing, it must be sent to: Naturorange C.B., C/ Diputación, 1-1. 46220, Picassent, Valencia, España.

 

  1. Breach of performance

9.1          The cover of the performance of Naturorange C.B. will be limited to the execution of the Naturorange Sponsorship Programme as is described in the present General Conditions of Contract.

 

  1. Liability

10.1       Naturorange will only be responsible to a limited extent for the typical and foreseeable damage derived from breach due to slight negligence of those obligations which are fundamental to the proper and correct execution of the contract and on the fulfilment of which, therefore, the Affiliate relies and can rely (essential obligations).

10.2       Any other claim for loss or damage will be excluded. This will be especially applied whenever Naturorange cannot be blamed for any fault, e.g. in cases of:

(a)          interruptions to the availability of access of the Affiliate to the Internet;

(b)          other technical and electronic faults (i) which arise during the transmission of data via the Internet, as well as (ii) during the use of the Naturorange internet portal, of the Naturorange SMS services or of the applications of Naturorange for mobile terminals, provided that these faults are not the responsibility of Naturorange;

(c)          technical and electronic faults which are not attributable to Naturorange which prevent the recording of the purchases made in the framework of the Naturorange Sponsorship Programme (especially, possible breakdowns in the recording system and losses of data that might be caused thereby);

(d)          non-availability of mobile telephone networks or terminals, and

(e)          incorrect functioning of the mobile terminals of the Affiliate.

10.3       Whenever Naturorange's liability is limited or excluded, the limitations or exclusions will also be applied to the personal liability of the workers, of their legal representatives and agents of Naturorange C.B..

10.4       The limitations and exclusions of liability set down in the present point 10 will not affect, to the extent that they are applicable, the liability of Naturorange in accordance with the obligatory legal provisions set down in the revised text of the Consumers and Users Act, for the malicious cover up of a deficiency.

 

  1. Costs

11.1       Registration and participation in the Naturorange Sponsorship Programme are free of charge and are exempt from costs for the Affiliate.

 

  1. Termination of the contractual relationship by the Affiliate

12.1       The Affiliate will have the right to terminate his/her contractual relationship with Naturorange at any moment by means of a declaration in writing. Likewise, the Affiliate will not be obliged to make purchases or to recruit new Affiliates or to carry out any other kind of activity in the framework of this contractual relationship.

12.2       In case of termination of the contractual relationship, the Affiliate will only have the right to those Affiliate Advantages of the Naturorange Sponsorship Programme for which the foundations have been laid at the moment of the termination of the contract, that is to say, only if at the moment of termination of the contract the Purchases which give the right to the advantages as an Affiliate had already been made.  

 

  1. Termination of the contractual relationship by Naturorange

13.1       Naturorange may proceed to the ordinary renunciation of the contractual relationship, that is to say, without any reasons, with a period of prior notice of one month, or it may terminate the contract for a relevant reason with immediate effect. Apart from the considerable damage to the economic interests or the reputation of Naturorange, the breach of the essential contractual obligations will also be considered to be a relevant reason. The obligations of the Affiliate described in points 2.3, 2.4, 3.3 and 3.4 are essential contractual obligations.

13.2       In the case of culpable breach of these obligations, the Affiliate will compensate Naturorange and will exonerate it of all liability to Naturorange. This will also be applicable to the costs deriving from such claims by third parties. Furthermore, Naturorange will have the right to claim for the damage caused by the Affiliate which are the consequence of the breaches of the obligations of the Affiliate, including the legal costs (lawyer, barrister and judicial or legal fees).  

13.3       In case of termination of the contractual relationship, the Affiliate will only have a right to those Affiliate Advantages of the Naturorange Sponsorship Programme for which the foundations have already been laid at the moment of the termination of the contract, that is to say, only if at the moment of termination of the contract the purchases which give the right to the advantages as an Affiliate had already been made.

 

  1. General provisions

14.1       Participation in the Sponsorship Programme constitutes a mere relationship of exchange and therefore does not establish between the Affiliate and Naturorange any corporate or associative relationship, and, in particular, the parties do not belong to an association or company.  

14.2       The individual agreements made with Naturorange in particular cases will have priority in any case against these General Conditions of the Contract. For the content of such agreements, a contract in writing or a confirmation in writing from Naturorange will be decisive. There will be a presumption that the parties have not made verbal agreements. Likewise, Naturorange will be empowered and the Affiliate expressly authorises it for this purpose, to send to the Affiliate contractual declarations and information necessary for the execution of the contract via SMS or e-mail, provided that the Affiliate supplied the corresponding contact details and does not state any objection to this means of communication.

14.3       All the terms used in the contract with a specific grammatical gender refer to both women and men and also to legal entities.  

14.4       If any of the provisions of the contractual relationship were totally or partially ineffective, or were not enforceable, the efficacy of the other provisions will not be affected.

14.5       The contractual relationship will be governed by Spanish legislation.

14.6       Registration and participation in the Naturorange Sponsorship Programme may take place once the person achieves adult age.

14.7       The Affiliate undertakes to take on all taxes, fees, dues, etc. generated by obtaining the Affiliate Advantages.