Terms and Conditions

PLEASE READ CAREFULLY THIS SPECIFIC AGREEMENT BEFORE PROCEEDING IN THIS WEBSITE

1. Introduction
a. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
b. You must be at least 18 years of age to use this website. By using this website, and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
c. For issues of applications, enrollment etc. you bare sole responsibility for the accuracy of details you provide to the company. These details include name, address, communication details such as telephone numbers, fax numbers and bank details. Failure to provide correct details may lead to non-performance by company that will be considered not of its responsibility. Especially correct bank details are crucial for transfer of commissions if exist any.
d. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Shiny Swan's use of cookies in accordance with the terms of Shiny Swan's privacy policy.

2. Conditions
a. This specific agreement is between You and the “Shiny Swan Ltd.”, referred to herein as “Company”, which is a business entity based on str.Boris Sarafov, Number 40, Sandanski 2800, Blagoevgrad, Republic of Bulgaria.
b. Applicant is obliged to comply with all legislation regarding taxes, including the Income Tax Act.
c. Unless otherwise stated, Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
d. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
e. Under no circumstances you are permitted to:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
Redistribute material from this website except for content specifically and expressly made available for redistribution.

3. Independent partner
a. The products and services of Company are sold exclusively through the network of its independent distributors, called “Members’ Club”.
b. Company defines that Applicant acts as an independent distributor of the Company, and hereafter will be mentioned as “Distributor”. Distributor has the right to supply the products and use the services that Company provides for personal use.
c. Under no circumstances this Agreement can be consider as establishing a job working relationship between Distributor and the Company. In any case Distributor has not the status of distributor supplier, broker, sales representative or any other representative of the Company. Distributor acts as independent partner, in his own name, on his own responsibility and for his own benefit. Distributor confirms that it has concluded this agreement as “independent distributor”.
d. The relationship between the Company and Distributor as well as all the interactions between them, are thoroughly specified in the Terms and Conditions contained in the Procurement Plan and the Code of Conduct and Ethics, which are included on the company's website. Distributor confirms that he has read all the “official documents”, agrees with them and he is bound by them.
e. Company ant Distributor agree on the below defined predetermined way for making orders of Company’s products:
· Log into the e-shop, into back office.
· Place the order for the desired products in the related field
· Pay through payments processor (Paypal or other processor)
· Depending on the country he is in, Distributor will be immediately advised for delivery time.
f. Members are obliged to establish account with a payment processor (e.g. PayPal), so he will be able to properly complete transactions with the Company (e.g. registrations, purchasing products, fees from the company etc.)
g. Distributor accepts his responsibility for his business without daily guidance and/or control by the Company. Distributor shall be considered independent partner of the company representing her in matters of products, services, and procurement plan, and also conform with the international terms of direct selling. Otherwise the company will be forced to proceed to termination of the contract.
h. Distributor’s position and capacity, summated in his “Personal Code”, can be inherited, transferred or sold according to his expressed will. For each one of these cases, there must be corresponding legal/notarial deeds and the written consent of the Company. Each Distributor is entitled to only one Personal Code. Company assumes no liability for injury or disease of Distributor or a third person from the use or bad management of any of its products.

4. Amendments
a. Company holds the exclusive right, at any time:
· To change the terms and regulations of this Agreement.
· To add, change, modify the website or any of its offerings at any time.
· To change or modify the price in its products and services.
· To change or modify the procurement plan, if Company considers that it is the interest of the company and its independent distributor.
b. Any changes and amendments to this agreement will be applied immediately upon notice, which may be sent to you by email or by special announcement in the electronic page. If any distributor does not agree with any modification/change or modifications/changes he has the right to terminate his contract by submitting a written statement for that to the Company.

5. Access
a. In order all provisions of this Agreement, and all Agreements signed between the Company and Distributor, to be fulfilled, Distributor must have Internet Access. Moreover he must have the appropriate software to enable this access.
b. Distributor remains solely responsible for the purchase, installation, loading, operation and maintenance of his software, telephone service (cable or other) and internet access provider in his personal computer, as well as for the cost of all these services. He is solely responsible for keeping his computer and his software safe from viruses and other similar problems. The company has no liability or responsibility for any errors or operation failure of the distributor's computer, throughout the whole informatics activity.

6. Websites of independent Distributors

Distributors of the Company can have their own websites on the internet. It is sole responsibility of each Distributor to ensure that the content of the websites is correct and that it complies fully with the “Code of Conduct” for the Distributor as well as with all state laws and regulations.

7. Copyrights & Trademarks
a. The website and the software used in the website contains information which is protected by the relevant laws “On copyright”.
b. Distributor is prohibited to use the company's name, its trade names, its logos, its sales materials, trademarks or brand names of the Company, apart from the materials provided by the company on behalf of the company. Distributor may be using one of the above only with written approval of the Company.
c. Distributor should be aware that unauthorized use of copyright trademarks or regulated legal material is violation of Law.
d. Provisions described in paragraph 2 of this Agreement apply in full in the use of the website or other material provided by the Company. Namely, it is firmly forbidden any act of copying, reproduction, republication, loading, transfer, posting and distributing of any kind of material from the site without prior approval from the company. Additionally, any alteration or modification of any material which included on the site or other way provided by the Company or the usage of such material for any other purpose is prohibited.
e. The distributor does not acquire any ownership rights by using the company's website or other offerings. Granted to distributor is a limited, non-exclusive, non-transferable, non-displaceable license to use the content of company's website and its “associate back office” with Distributors’ information as sole purpose.

8. Principles and Conditions of the Company
a. Company and/or its branches sell products exclusively to its independent distributors.
b. Distributor buys products or services of the Company in prices specified by the Company.
c. Distributor gets points (PV) from purchasing products or from new members’ registrations. Every 40 points (PV) equals to one (1) position.
d. According to the amount of points that will be created to network, Distributor take positions according to procurement plan. The procurement plan is posted on the company's website.
e. In order Distributor to be considered “active”, he must buy at least 40€value products every two months (40x6=240€ per year) counting from the moment Distributor registers his first new member. Fail to do so, results in cancellation of the Agreement.
f. In case that a membership is cancelled for any reason, then his positions are considered to be “free” and Company can proceed to an auction for these positions in total or to direct sale of these positions to any third-party shows interest. Starting price of this auction will be determined by how many positions exist, in which tables. In this auction, only active members can participate, provided that they have already some positions in the tables.

PLEASE PAY ATTENTION:
Bonuses that occurred from the tables (for purchasing products) do not replace or summed with the obligation of each member described above, in article 8 paragraph e.

9. Other obligations of Distributors
a. Distributor is responsible for all the claims related ti his tax income in his country. The company is obliged to give to the distributor his annual aggregate transaction income for his own use.
b. Distributor accepts the responsibility for the supervision and support of other Distributors, referred by him in his group. Distributor agrees to establish and maintain regular communication and support for his distributors, altogether written or by phone or through personal contact.

10. Products and Services Guarantee
Company guarantees the quality of products and services bearing its name. Also, Company guarantees that the products manufactured under its label and intended to be used by its customers and partners, are manufactured and distributed according to the best standards of quality and purity.

11. Personal Data
a. Company protects Distributor’s personal data.
b. Company operates in full compliance with current privacy laws.
c. There is always the possibility to change your personal data at any time.
d. Company does not grant or transfer your personal information to third parties without corresponding authorization from you.

12. Anti-fraudulent Policy
a. As already mentioned above, in Article 11, Company maintains and implements all the laws and regulations related to personal data and privacy. It is on the absolute right of the Company to verify the personal data of all its members in order to identify them as real persons (individuals), without the disclosure of their personal data in any public or private or person.
b. Identification and verification control aims to the unhindered and safe operation of sales and procurement system at all levels, for the benefit of the company and its members/ partners.
c. In case of certified cheating (Fraud) against company's sales and procurement network, responsibility fells totally to the Sponsor who in any circumstances is held responsible for his members.
Example:
If sponsor's payment has been completed (with proven evidence) based on fake members of his network, this Sponsor is held totally responsible. Company erases him from the sales network with all consequences this will have financially and proceeds to prosecution of this person before the Court of Law charging him for criminal/civil offenses.


13. Insurance
With this application Distributor declares that he is insured otherwise and does not wish to be insured for revenue that receives from the Company under existing Bulgarian legislation about insurance of independent partners. The power of the application begins from the date of electronic acceptance (submission) of the “Terms and Conditions” on behalf of the Distributor.

14. Errata
Although we try to preserve the integrity of our website we cannot give any guarantee about accuracy or completeness of it or other offerings. If you think that you have found that something is wrong in our website, you are pleaded to communicate with us through our email support@shinyswan.com and tell us in details about the subject. We will do our best to examine your petition/observation and if really exists something wrong we will fix it at once.

15. Agreement’s Termination & Modifications
This Agreement applies as long Distributor cooperates with Company. However, the Company reserves the right, in its sole discretion, to reject any application or to terminate this contract immediately after proven information that the distributor has violated any of the terms or conditions of this Agreement or has acted illegally or unethically.

16. Logging Credentials
Company takes all the necessary measures aiming to maximum safety and protection of your personal data, so as not allow access to unauthorized persons or organizations.

17. Disputes
Any dispute/disagreement arising through this Agreement shall be settled by friendly negotiation between the parts. If the dispute/disagreement not resolved should be presented before the legal Bulgarian courts.

18. Various Issues
a. This Agreement shall automatically enter into force from the date of Distributor's enrollment and acceptance Company’s sales network, by recording a “v” (clicking ) in the field stating that: “ I accept unreservedly the terms of this Agreement“ .
b. This “specific Agreement” between the Company and Distributor is completed with the electronic submission on the part of the request for cooperation between Distributor with the Company, as well as any other documents requested by the Company. Company reserves always the right to reject the application.