21st
Century World Shop (Rewards) Limited
Terms and Conditions of Trading
COMPANY
INFORMATION
1.
21st Century World Shop
(Rewards) Limited is a company
registered in England under company number 05891971 and the registered office is situated
at Wellesley House, Duke of Wellington Avenue, Royal Arsenal, London SE18 6SS. It trades under the name of 21st Century World
Shop and the email address is customerservices@21CWS.com
DEFINITIONS
2.
The following definitions apply
to these Terms and/or the Rules:
“Agent” means a company or third party appointed to act on
behalf of the Company in a country or countries other than England and who is authorised
to act in the same or similar capacity
as the Company within that country in which the Agent is appointed;
“Bank Base Rate” means the rate currently referred to as
the Bank of England's UK Repo Rate as varied from time to time or, in the event
of this rate not being available, the average of the variable base lending rates
of the four largest clearing banks in the London market from time to time.
"Company" means 21st Century World Shop (Rewards)
Limited as registered in
“Company's business" means the sale of its products and
matters ancillary to it;
"Company's Group" means all companies set up by
direction of or on behalf of the Company to act as its Agent or otherwise in
countries worldwide but excluding the Protection Fund company;
"consumer" means a member/customer
who buys products or services for personal use and not for manufacture or resale;
"cookies" mean small text files which our Website or
the Distributor’s Website places on your computer’s hard drive to store
information about your shopping session and to identify your computer;
“cooling off period” means 14 days from
the date the products are first ordered;
“Distributor” means a person or legal entity who re-sells
goods on behalf of a member and which is, in all respects entirely independent
of the Company, and who may also be a website user in regard to the
Distributor’s Website
“Distributor’s Catalog” means an online catalogue that is
prepared and published by a member for the benefit of his distributor using the
facilities available to do so on the Website and on the Distributor’s Website which
have been provided for that purpose by the Company so as to assist the members
and entirely at its discretion;
“Distributor’s Website” means www.worldshopsales.com (or any
subsequent variation or addition to it) and is referred to as such for the sake
of identification only and which has been set up by the Company for the benefit
of those members who wish to use the services of distributors;
“down-line" means the list of all
memberships referred by that Referrer in chronological order of referral;
“EU” means the European Union
“frontline” means that membership’s direct referrals and
placed immediately under it;
“Holding Account” means that area of the Website in which is
contained the record of that member’s financial dealings with the Company
(similar to an ordinary bank account) including funds paid in and out and
provision for the transfer of funds;
“Internet”
means the worldwide, publicly accessible network of
interconnected computer networks that transmit data by packet switching using
the standard Internet Protocol (IP);
“login” , “log in” , “logging” , “logon” or “log on”
means to
make a computer system, network or website recognize your name and password or
pass code so that you can begin a
computer session.
“logout”
or “log off” means the action that needs to be taken to cease your use and
access to the websites or the computer;
“Matrix” means a binary setting or environment in which a particular
activity or process occurs or develops; a place or point of origin and growth,
and in which the Tokens are shown and which fairly and evenly controls the
frequerncy and rates of payments for the Reward Token Program;
"member" means an existing or future member of the
Company's Reward Programs who, by virtue of being a member, is also a
membership owner;
"My Account" and "Members Homepage" means
that part of the Website allotted to each member for that member's personal use and information and accessed
only by use of that member's name (or main trading name or email address) and unique
password or pass code and including the shopping and Holding Account for
that member and includes all that member’s memberships as registered under that
member’s name and e-mail address;
"membership" means that which a member owns;
“membership owner” means a member who owns that specific
membership at any given time;
“online” means on or via the Internet using the Websites
"personal information" means the details provided by
or on behalf the member on registration as a member and by or behalf of the
distributor on becoming a distributor;
“Product” means products/goods of varying
kind and description for sale by the Company whether or not they are displayed on the Website;
"product description" means
that part of the Website where the Product is described and any terms and conditions in respect of the individual Product are provided;
"Protection Fund" means the
payments guaranteed by the Protection Fund company, which is independent from the Company,
to protect the initial purchase payments made by new General Members;
"Protection Fund company" means World Shop
Management Limited registered in
"Referrer” means the Company or member who refers a new
member;
“Reseller Price” (similar in context to a wholesale price)
means the individual purchase cost to the buying member of each product if sold
as part of a promotion package and for which the member can sell on at that
price or such other price as determined by that member;
"Reward Program" means the discretionary
Discount Program and Reward Token Program;
"Rules” means all rules and regulations of the Protection
Fund; the Reward
Program; the Members
Rules: the Distributors
and the Distributors’ Website Rules and either jointly or severally as
appears on the Website from time to time and as amended or updated and
which form part of these Terms;
“sales tax” means VAT or its equivalent;
“shipping” and/or “shipping
and handling” means the delivery of the products and/or the additional costs and charges
associated with their postage, post and packing, freight, handling, and/or
shipment;
“Special Value Price” means the price of the products which
generate a Token at an amount in excess of the Standard Price of £65 because the
cost of the Product has been reduced for sale in the Reward Token Program or because
of a variation in cost of the goods to the Company compared to Standard Priced
products;
“Standard Price” “Standard Priced” “Standard Pricing” means
the cost of the product to the member which will generate one Token for every
£65 spent
"Special Conditions" means the terms and conditions
in the Product Description;
"Terms” means these Terms and
Conditions of Trading and the Rules as appears on the Website and/or the Distributors
Website from time to time and as amended or updated;
“Token” means a symbol or marker whose presence at a point in the Matrix
indicates the status of that point and which is generated by the purchase of
Products, or provided by the Company free of charge as an incentive;
“Trading Period” means every fortnightly period of trading
ending on the Friday in each fortnight before generated un‑cleared funds
can be cleared for payment to or use by a member to re‑buy Products.
“Universal fill line” means the
unfilled line immediately below the previously completely filled line within
the Matrix and to where Tokens are placed in certain circumstances.
“
“ up-line” or “upline” means
the list of the names of the member who is
the immediate Referrer of a member followed by that Referrer’s referrer and so
in chronological order of referral, on
up to the Company which is the first Referrer;
"User" means the user or users of the Websites and
include members of the Public in respect of the public areas of those websites,
"VAT" means value added tax as
payable in accordance with UK/EU VAT laws and regulations and any tax of a similar nature substituted for it
"We/us/our" means the Company and/or its Websites;
"Website" means the website
situated at www.21CWS.com or any subsequent or additional one which
may replace it or run in conjunction with it;
“Websites” means the
Website and the Distributor’s Website or any subsequent or additional ones
which may replace them or are run in conjunction with them;
“Website User” means those that can
access either or both of the Websites other than the public area by logging on;
"You" means a user of either or both of the Websites;
3.
These Terms and Rules apply
to the use of the Websites and our business generally and by accessing either
or both of them or becoming a member or placing an order with us either via the
Website or otherwise you agree to be bound
by them. If you do not agree to be bound by these Terms and Rules you may not
use or access the Websites.
4.
These Terms and/or Rules
supersede any previous versions there may have been and any part of these Terms
and/or Rules may be altered or amended at any time at the discretion of the
Company and will take effect as soon as such amended or altered Terms and/or
Rules appear on the Website.
5.
The Company has been set up
as a members’ only Internet retail company to sell Products of varying kind and
description directly or via its agents to members anywhere in the world for
their use and, entirely at the Company's discretion, to join in a unique Reward
Discount or Reward Token Program.
6.
All monetary transactions will be in £ pound
sterling (GBP).
MEMBERS AND MEMBERSHIP
Members
7.
Products will only be sold to
members. New members are introduced by their Referrer who is either the
Company; a Founder Member; or a General Member.
8.
A member becomes a
“Membership Owner” and may own more than one membership. However it does not
entitle a member to any shareholding or legal interest in the Company; nor does
it give the members the right to pass themselves off as being authorised by the
Company to act on its behalf or make representations that they are so
authorised.
9.
The relationship members have
with the Company does not create an employer/employee relationship,
partnership, joint venture, or agency. The Company is the ‘Seller’ and the
member is the ‘Buyer’ of any products or services that the Company offers from
time to time. Members are responsible for paying all and any tax on any income
that they may derive from the Reward Token Program or for selling on the
Products, and are responsible for their own declarations in that regard.
10.
Members agree to abide by the
laws and regulations of the Country in which they reside or carry on business
in so far as such may affect the Company and/or its trading. Members also agree
that when presenting information about the
Company’s products, they must not make other claims, about the products
or its operation, except as set out in these Terms and/or Rules and/or
advertising material and/or presentations supplied by us as the authorised
literature or as shown on the product list or the Website.
11.
In order to comply with legal
requirements applying within the member's country of residence or trade, it is
a specific condition of these Terms, that when presenting the Reward Token
Program, members must not make income
projections; income claims or give guarantees on behalf of the Company that a
payment will be made within a specific time scale. Nor state that
earnings are guaranteed on becoming a new member or those earnings are easily
achieved via the Reward Token Program.
12.
Any member wishing to give
personal guarantees to any third party does so entirely independently of the
Company and without the Company’s authority either express or implied and in
the knowledge that the giving of such a personal guarantee creates a legal duty
on the person giving such guarantee, to be legally bound by it.
13.
Reward Payments are only
generated via the Reward Token Program based on the volume of overall sales of
the Company and the primary function of the Company is to sell Products via the
Internet, and any benefit achievable through the Reward Token Program is
secondary to that primary function and you as members purchase the Products on
that basis.
14.
The only liability that
members have to the Company during their membership is for payment of the
membership subscription details of which are set out in the Members Rules to which you are referred. Any other payments will
only relate to the purchase of any Products and the shipping of them.
15.
Members have
the opportunity at the time of making each purchase to opt for either the
Discount Program or the Reward Token Program.
THE REWARD PROGRAMS
Discount
Program
16.
The Discount Program gives
members the opportunity to buy Products at a greatly reduced discount usually
25% (amounts may vary with different Products), on items already being sold by
us at the Standard Prices which is comparative with normal High Street or Department
Store retail prices for Products of equivalent or similar type and quality.
Reward Token Program
17.
The Reward Token Program
gives the members an opportunity of receiving back from the Company a sum equal
to or in excess of their original purchase cost of such Products (excluding any
cost of shipping). Please see the Reward
Program Rules and the Members
Rules elsewhere on the Website.
18.
The member, when ordering
Products, must indicate which Program he opts for on that particular purchase.
Once the option has been made and the Product ordered that choice cannot be
altered. The member may opt for an alternative choice on any subsequent
purchase
19.
For every full £65 spent on
purchasing Standard Priced Products one
Token will be entered into the Reward Token Program on behalf of the membership
making the purchase but such Token(s) will not be entered into that Program
until the member (or someone duly authorised by that member) making the
purchase has completed the "online" Product Acceptance quoting, for
security purposes, the unique delivery number which will accompany the Product,
and only once the 14 days “cooling off” period has
passed.
20.
On certain more expensive or
unique products or products reduced in price but sold within the Reward Token
Program and not the Discount Program, circumstances may prevail where the
Company is obliged to increase the cost per Token for that specific purchase
beyond £65 and to sell the product for a Special Value Price. In which case the
amount
of the Token is shown as a percentage of the number of Tokens at the Standard
Price. For example a standard price two
man’s suite will cost £195 and gives 3
Tokens (3 x £65 = £195). However the same suit sold at the Special Value Price
will cost £139 but will only generate 1.5 tokens. The increase in the costs of
the Token being due to the margins available to the Company being reduced when
an item is sold at the Special Value Prices compared to the Statndard Price. It
should however be noted that this offers the Company greater versatility and
flexilbilty in the market place with regard to what it can provide to its members
by way of variety of products and greater value for money.
21.
Any remaining percentage of a Token under
100% at completion of the purchase is carried forward and can be added to at
anytime subsequently but only after such further purchase has been accepted, so
as to make it up to the whole 100% . Only whole (100%) Tokens can be entered
into the Matrix .
22.
By confirming that you accept
the Products using the "online" Product Acceptance check box, you
accept unequivocally that all the Products as received by you have been fully
inspected by you or on your behalf; are fit for the purpose for which you
bought them; correspond to their description as appears on the Website in all
respects and that you have not in any way been misled by such description; are
in good condition and free from fault; and comply in all respects with your
requirements and the contract.
23.
Only after the member has
checked the Product Acceptance box, and the 14-day cooling off period has elapsed,
can the whole Tokens be entered into the Reward Token Program.
USE OF THE WEBSITES - ACCESS
24.
You are
provided with access, via the Internet, to the Websites in accordance with
these Terms and any orders placed by you on this
Website must be placed strictly in accordance with these Terms and the Rules.
The members are responsible for providing their own means of access to the
Internet.
MEMBERS REGISTRATION AND AGREEMENT
25.
As a member you agree that
the Personal Information that you are required to provide when you register as
a member is true, accurate, current and complete in all respects; you will
notify us immediately of any changes to the Personal Information by updating your
details on “Edit My Details” page of the Website in your “My Account” area.
26.
You agree not to impersonate any other person
or entity or to use a false name or a name that you are not authorised to use
and to produce to us full evidence as to your identity such as your passport
and/or driving licence and or utility bills, for the purpose of identification
and proof of address if required by the Company to do so.
27.
You agree that the
information you provide as to your Bank details for the purpose of our making
payments to you are accurate in all respects and you agree to provide in
addition to your banker's name address and account details the International
Bank Account Number (IBAN) and your SWIFT code, for your account which is
obtainable from your bank or which is usually shown on your bank statements.
28.
You agree that in the event
of you failing to supply the correct bank account details, including your IBAN
and SWIFT code, that you will pay to us any costs and charges we incur when
trying to remit any monies due to you and that we may deduct such sums from any
monies due to you and prior to any such payment being made to you.
OUR PRIVACY POLICY
28.
Save for such information,
which will be available to all members accessing the "Members Only"
area of this Website, we will treat all your Personal Information as
confidential (although we reserve the right to disclose this information in the
circumstances set out below). We will keep it on a secure server and we will exercise reasonable endeavours to comply with
the relevant Data Protection legislation applicable to each member's
country of residence or trading.
29.
When you become a member, you
will be asked to input your Personal Information such as your name and e-mail
address. You will then receive a pass code or pass word that will enable you to
access the Members Only area of this Website and your Member's Account page
where you can then buy your membership and where you will be asked to provide
details of your home address, delivery address, telephone number, product
selections, and bank account details including account numbers.
30.
You will be responsible for
keeping your information private and confidential to yourself so you should be
careful not to disclose it to anyone else unless you choose to do so which will
be at your own risk. IMPORTANT SECURITY MESSAGE: Whilst the security aspect
of the website has been updated as best it can for security purposes you should
always logout or log off of the “My Account” area of the Website when you have
finished using our Websites otherwise your account may remain open, at least
for approximately 20 minutes (but possibly more as we cannot nor do not
guarantee this), and therefore accessible to anyone who views it from the
computer on which you opened it and whether or not that computer has been
turned off then turned on again.
31.
We may also collect, and/or
our third party providers of advertisements and content may collect, information about where you are on the Internet
(e.g. the URL you came from, IP address, domain types like " co.uk"
and ".com"), your browser type, the country where your computer is
located, the pages of our Websites that were viewed during your visit, the
advertisements you clicked on. We may provide your information to other
companies who we believe may be able to offer you products or services that may
be of interest to you.
32.
Your Personal Information may
be disclosed to other businesses within the Company's Group; the Protection
Fund company, and to reputable third parties who will help process your order
or otherwise. The Company requires all those third parties to treat your
personal information as fully confidential and to reasonably comply with such
Data Protection and Consumer legislation from time to time in place.
33.
You should be aware that if
the police or any other regulatory body or government agency, investigating
suspected illegal activities requests us to provide your Personal Information
and /or User Information we are entitled and/or obliged to do so if we
consider, in our absolute discretion, that we should.
34.
We use Cookies to keep track
of your current shopping session to personalise your experience and so that you
may retrieve your shopping basket at any time - if your computer is set not
accept Cookies you will be unable to use the Websites.
INDEMNITY
35.
You agree fully to indemnify,
defend and hold us, and our officers, directors, employees, agents and
suppliers, harmless immediately on demand, from and against all claims,
liability, damages, losses, costs and
expenses, including all legal and/or agents fees on a full indemnity basis,
arising out of any breach of the Terms or Rules by you or any other
liabilities arising out of your use of the Websites, or the use by any other
person accessing the Websites using your pass code or pass word or your Member's
Account and/or your Personal Information.
OUR RIGHTS
36.
We reserve the right to
modify or withdraw, temporarily or permanently, the Websites (or any part of it/them)
with or without notice to you and you confirm that we shall not be liable to
you or any third party for any modification to or withdrawal of the Websites;
and/or amend or alter all and any of the Terms and/or Rules from time to time,
and your continuing as a members following such change shall be deemed to be
your acceptance of it. It is your responsibility to check regularly to
determine whether the Terms, Rules, or Websites have been changed. Any such
change will take immediate effect as soon as they appear on the Website. Please
check back frequently to see any updates or changes made.
THIRD PARTY LINKS
37.
To provide increased value to
our members and users, we may provide links to other websites or resources for
you to access at your sole discretion. You acknowledge and agree that, as you
have chosen to enter the linked web site we are not responsible for the availability of such external sites or
resources, and do not review or endorse and are not responsible or
liable, directly or indirectly, for (i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any
advertising, content, products, or other materials or services on or available
from such websites or resources or (iii) the use to which others make of these
websites or resources, nor for any damage, loss or offence caused or alleged to
be caused by, or in connection with, the use of or reliance on any such
advertising, content, products, or other materials or services available on
such external websites or resources.
MEMBER'S ACCOUNT; HOLDING ACCOUNT AND PAYMENTS
38.
On being accepted as a member
and your member’s subscription payment having been received, a Member's Account
will be set up unique to you. All sums paid by you will be shown in your Holding
Account as having been received and all sums to be paid to you from the Reward
Token Program (if you so opted to enter it) will also be held in your Holding Account
pending your instructions to either remit that sum to your designated bank
account, or retain it on account of future purchases or members subscription fees.
39.
Payments may be made by the
following methods: by cheque made payable to the Company, or by Electronic Bank
Transfer to be sent to our Bank account, details of which are available in the
“Transfer Funds” section of the Website.
PURCHASE OF PRODUCTS AND DESCRIPTION OF PRODUCTS
40.
Each Product purchased is
sold subject to its Product Description, which sets out any additional Special
Conditions relating to that Product. All drawings, descriptive matter including
the colours and specifications of the Products on the Website are for the sole
purpose of giving an approximate description of the Products. Except where you,
the member are dealing as Consumer (as defined above) we do not give any
warranty, guarantee or indemnity as to quality, fitness for purpose or
otherwise of the Product.
41.
All prices are inclusive of
VAT (where applicable) at the current rates and are correct at the time of
entering the information onto the Website. The total cost of your order is the
price of the Products ordered plus shipping charges as set out in shipping and
handling section of the “Shopping Basket” area of the of the Website. Payment
can be made by any of the methods specified in the payment section of these
Terms, or payment will be debited and cleared from your Holding Account as set
out in the “My Account” section. Different VAT rates may apply to different
areas of the EU
42.
Any member who is who is
living and/or trading within another EU State and is registered for VAT within
that State may be exempt from UK VAT but that will be subject to the
relevant VAT requirements at the time of
any purchase by that member.
43.
Any member who is both
outside the
44.
All Products sold by us to
our members are intended for our members’ own use or consumption but if these
Products are re-sold to third parties please note that our liability to replace
or repair such goods ceases when title in them passes to any third parties
except that we do not object to the title in the manufacturers guarantees
passing with the Products.
ORDERS
45.
We can
only accept orders for Products that are in stock. All orders are subject to
acceptance by us and we will take all reasonable
care, in so far as we are able to do so, to keep the details of your order and
payment secure, but we cannot be held liable for any loss you may suffer if a
third party procures unauthorised access to any data you provide or held on
your behalf when accessing or ordering from the Website.
46.
The technical steps required creating
the contract between you and us are as set out in an easy to follow format on
our Website which is the only method of purchasing the Company's Products.
47.
Upon receipt from you of the
purchase price which will be inclusive of VAT (if appropriate), plus the shipping
charge for the Product you have ordered (or alternatively your authorisation to
deduct such a sufficient a sum from your Funds account) and if not previously
paid, your membership subscription; your Product will be shipped from our
distribution centre and we will send you an order confirmation email.
48.
Order acceptance and the
completion of the contract between you and us in respect of each individual
purchase by you will take place on the despatch to you of the Products ordered
unless we have been notified that you do not accept your order or you have cancelled
it in accordance with the Contract Cancellation provisions.
49.
All
contracts will be concluded in the universally accepted international language
of English.
"COOLING OFF" AND CONTRACT CANCELLATION
50.
You are entitled to cancel this contract without penalty provided that you
exercise your right to do so no longer than fourteen (14) days from the date of
placing your order, which is when you confirmed your acceptance of these Terms.
You are entitled to be repaid for the Products and cost of such return subject
to such Products being unused in good condition and in the original packaging.
51.
Such repayment may also
include your membership fee if you wish to terminate such membership within
that 14-day period. After the fourteen (14) day period should you wish to
cancel your membership no refund of membership fees will be made. If you are a
member resident or trading in the UK you have the right to return by post or a
commercial parcel delivery service, such as and by way of example only: Royal
Mail; Amtrak; DHL; TNT; to 21st Century World Shop (Rewards) Limited at its
premises situate at Unit E Elm Court Business Park Capstone Road Gillingham
Kent ME7 3JQ any Products you purchased within that
period provided that such goods remain in the condition in which they were in
at the time of purchase. Please note that on no account can personal
deliveries be accepted.
52.
For members outside the
53.
If you wish to exercise your
right to cancel this contract prior to order despatch, but after you have
completed and finalised your order application you will need to immediately contact
customerservices@21CWS.com marking your emails "VERY URGENT" and we
will use our reasonable endeavours to stop the process of the your order before
despatch although we cannot guarantee that we will be able to do so in good
time.
54.
If your order has already
been despatched please follow the procedure set out in our Returns policy.
Please note that your right to return Products does NOT apply to products,
which fall into the following categories: Products made to your specification
for example, curtains, blinds or perishable goods: products such as CD's,
DVD's, tapes or other recording media, software or videos if their seal is
broken; goods bought using promotional product vouchers: products being sold as
promotional items at reduced promotion rates.
REFUSAL OF TRANSACTION
55. We reserve the right to withdraw any Products from the Website at any time and may refuse to process a transaction, or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from the Website whether or not that Product has been sold; nor for refusing to process a transaction or unwinding or suspending any transaction after processing has begun and nor be obliged to give any explanation for having done so. Nor will we be required to provide any reason for taking any such steps.
DELIVERY, RETURNS AND INSURANCE
Delivery
56.
Once Products have been
selected for purchase and the member has requested that the order should
proceed, then the order will be processed and despatched by the distribution
centre. Unless otherwise stated, the Product will normally be dispatched within
7 days of being ordered.
57.
The risk in the Product shall
pass to the member upon delivery taking place. Any dates quoted for delivery of
the Products are approximate only and we shall not be liable for any delay in
delivery of the Products howsoever caused. A signature confirming delivery will
be required either from the member or his household or, if appropriate, an
employee. Such signature shall constitute proof of delivery.
Returns
58.
No Products can be returned
without a "Returns Number” issued by the Company. Returns will be fairly
considered if any Product is damaged. The member must contact the Company's using
the Order History page of the My Account section of the and following the
instructions contained in with the Delivery Note accompanying the Products. A
Returns Number will be issued which must be clearly marked on the outside of the
package and then returned to the distribution centre from which it came as soon
as possible and no later than 14 days after receiving the order.
59.
Please note that we cannot
accept partial returns of Products and in the event that a member should wish
to return a Product for a refund for any reason, which was part of a larger
order and within the 14 day period, the
whole order must be returned and not just the part of it that the member does
not require. Should the member still require that part of the order it
must be re-ordered.
60.
Faulty Products cannot be
returned without a "Returns Identification Code" ("RIC")
issued by the Company. The member must contact the Company's customer service
department by email and/or fax within three working days of receipt of the
damaged Product. If appropriate, an RIC will be issued which must be clearly
marked on the outside of the package and then returned to the distribution
centre from which it came as soon as possible and no later than 2 days after receiving
the RIC.
61.
No claim for damaged goods
will be accepted unless the contents and original packaging are returned at the
same time and as required by the terms of our Carrier’s contract with us.
62.
The return cost is to be
borne by the member.
63.
We cannot be responsible for returned
items that do not reach us and it is for you to ensure that any returns are
sent by recorded post/delivery but proof of posting shall not be proof of
receipt.
Insurance
64.
The Company will insure the
Product in outward only transit and, subject to the exceptions and requirements
appearing in these Terms the Company will accept responsibility for any
non-delivery or Product damaged in transit. Where possible substituted Products
will be offered to replace that lost or damaged. However, some Products (especially
of high value) may be unique or irreplaceable and insurance claims may be
necessary. In such cases it is essential that any claim be notified within 24
hours of any loss or prospective claim. If there is any delay, which results in
the insurance claim being rejected, the Company will not meet the claim. The
benefit of any successful insurance claim may be retained by the Company if
substituted Products are supplied, but in other cases the benefit will be
passed to the member less any costs of handling the claim.
PRODUCT VOUCHERS
65.
Product Vouchers may be
purchased on line on the Website in lieu of a product.
66.
While VAT will be included in
the cost of the Product Voucher at the time of purchase to comply with VAT requirements a VAT invoice
can only be issued at the time the Product Vouchers are redeemed and not
before.
67.
A member may purchase as many
Product Vouchers as he requires but they may not be exchanged for cash and nor
for other Product Vouchers and must be redeemed against the Company’s Standard Priced
Products within 12 calendar months of the date of issue. If the product to be
bought using the voucher is more than the value of such voucher, the member
must pay the additional balance due for it prior to the Product being
despatched together with any additional delivery charges.
68.
The onus will be on the member to ensure that
he redeems his Product Voucher for actual Products within the period of 12
calendar months from the date of purchase failing which he will forfeit his
right to do so.
69.
If a membership owner intends to purchase
Product Vouchers in their first order, that purchase will not be covered by the
members Protection Fund and those vouchers cannot be used to pay for all
or part of the costs of shipping and handling the goods that you
subsequently redeem them for nor can they be redeemed for cash.
70.
For your peace of mind we recommend that you
make a payment on account of such shipping costs at the time of
purchasing those vouchers, based on our minimum shipping rate
for your known address and such an amount will either pay in full or go
someway to discharge those costs when the vouchers are redeemed at some
unknown future time.
71.
When you apply to redeem the
vouchers you will be notified of the full costs of shipping and asked to
make up any shortfall in your Holding Account or receive confirmation that any
money you provided covers the full costs. Payment can be made by
transferring the money to your Holding Account on our Website by following the
simple online instructions in your “Members Area"
72.
Any costs of shipping will be
in addition and cannot be taken as part of the voucher value. The shipping rates
will be 3% for delivery in the UK with a minimum of £12: 4% for Europe with a
minimum of £20 and 5% for the rest of the World with a minimum of £30 but the
Company reserves the right to make additional shipping charges if the Product
Vouchers are not redeemed in the same complete amount that they were purchased.
For example, if £2500 of vouchers is purchased but the member only wants to
redeem £1500 worth at any one time an additional delivery charge will be added
for each additional delivery.
73.
If the Product Voucher is for
more than the Product price the any balance is carried over for future
purchases.
74.
Any product purchased using a
Product Voucher can only be repaired or replaced if they should prove faulty
and in accordance with the manufacturers guarantee. No refund can be given due
to the Tokens having been entered into the Reward Token Program at the date of
the initial purchase of the Product Voucher but after the cooling off period.
75.
Products purchased using the
Product Voucher shall, so far as it affects the Company (but not the manufacturers warranty or any goods in transit
insurance) will be deemed to be supplied on the date the Product Voucher
was issued and not on the date the products are subsequently delivered to the
member.
76.
Product Vouchers whilst being
bought under the name of the membership that does so they go into the
membership owners product voucher account which will combine all those Product
Vouchers purchased by other memberships (if any) owned by that membership owner
therefore giving greater flexibility in the use of the vouchers.
77.
Product Vouchers are redeemed
online against Products at the Company’s Standard Priced and the member must pay
any additional delivery charges at the time of redeeming them. The Product
Voucher is neither transferable nor assignable save as forming part of the
member’s estate in the event of his demise. A VAT invoice is raised and sent to
the member at the same time or shortly thereafter
78.
Purchase of a Product Voucher
on their own automatically generates the Product Acceptance and, subject to the
cooling off period, enables that member’s Tokens to be entered into the Reward
Token Program. Product Vouchers bought together with other Products must wait
until the complete order has been accepted.
79.
Please note that the Product
Vouchers do not qualify as a purchase which is covered by the Protection Fund.
PROMOTIONS/ SPECIAL OFFERS
80. From time to time the Company may wish to provide for its members and/or new memberships, promotions or special offers. Each such promotion or special offer can only be taken up seperately from any other promotion or special offer; will be of limited duration, entirely at the Company’s discretion and will not, unless otherwise specified, be covered by the Protection Fund.
MEMBERS AND DISTRIBUTORS
81.
The Company recognise that members may wish to
set up their own business selling the Company products to the general public
either directly or through Party-Plans and such like, and to do so with the aid
of third parties who we refer to as distributors.
82.
A distributor is not a member of the Company nor
has direct access to the Company (unless the member and distributor are
initially introduced by the Company) and all dealings and the relationship
between the distributor and member is a matter entirely between them and will
have nothing whatsoever to do with the Company which is merely acting as a non
participating voluntary introduction agent. For the avoidance of doubt the
relationship distributors have if any with the Company does not create an
employer/employee relationship, partnership, joint venture, or agency.
83.
However to assist the members in their
endeavours the Company has incorporated software into their Website and created a Distributors Website to
facilitate the use of such distributors.
DISTRIBUTION MANAGER
84. A distribution manager is a member who has a private arrangement with one or more distributors who purchase items from that member and sell them on. Any member can become a distribution manger simply by introducing a distributor.
DISTRIBUTOR
85. A distributor has a website user account, but can only log into the Distributor’s Website. The website user account is created by the distribution manager. The distributor logs into the Distribution Website using their email address and a password. Distributors do not have a Trading Name and nor can they access the member’s area of the Website
CUSTOM
CATALOG
86. The distribution manager adds items from the Company’s online Shop to their custom catalog and specifies the price they wish to charge their distributors. Matters such as VAT (if the distribution manager is a VAT the registered person or company), is a matter for the distribution manager and his distributor and must be dealt with between them and in accordance with the VAT rules. A distributor can only view the catalog prepared by their distribution manager.
ORDERS
87. A distributor can select items from their distribution manager’s catalog and place an order with the distribution manager. The distribution manager receives an order by email from the distributor, which they can fulfil as they wish. When a distributor orders from the distributions manager’s catalog online, they will see a report detailing how many tokens they would have received had they been a member.
PAYMENT
88. The member receives payment from the distributor in a method arranged privately between the distribution manager and the distributor.
DISTRIBUTOR BECOMING A MEMBER
89. The distributor can convert their distributor account to a member account by purchasing a membership from their distribution manager. The distribution manager will set up a membership in their down line and transfer ownership of it to the distributor. The distributor will no longer be a distributor and no longer have access to the distribution manager’s catalog. The distributor is now a member and can purchase goods directly from the Company.
90. Whilst the relationship between the member and the distributor is personal between them and something that the Company neither set up nor knows the details of, the Company must and does reserve the right to ask a member to cease using the services of a specific distributor should it be drawn to the Company’s attention that the continued association with the distributor is in any way detrimental to the Company or in the absolute discretion of the Company is not an appropriate person to have any involvement with the Company and as to what constitutes apprtopriate will be in the reasonable discretion of the Company.
91. Any distributor who works for or with or on behalf of a member agrees to be bound by these Terms and and Rules that the Company may make from time to time in regard to distributors and members relations and or use of any of the Company’s facilities including but not limited to the Distributor’s Website.
92.
Each distributor
shall as a condition of becoming a distributor hereby agree that they will not
while they continue to be a distributor or for a period of one year from the
date of cessation of such howsoever occurring without the prior written consent
of the Company either alone or jointly with or as manager agent consultant or
employee of any person firm or company directly or indirectly carry on or be
engaged in any activity or business which shall be in competition with the
business of the Company.
MEMBER’S USE OF THE WEBSITE E-MAILING/MESSAGING FACILITIES
93. The Website provides for the members’ convenience email facilities which enable a member to send a message to a member in their downline or upline via the Website and without the need to exit the Website nor to have to insert any email addresses.This enables the members to keep in touch with the members with whom they are involved with such as their Referrer or reffered.
94. Any messages sent using this messaging service will be retained in the Company’s main server and may be inspected by the Company to ensure that the service is not being abused or used to send inappropriate, rude or lewd messages.
95. The Company may withdraw this facility if any such misuse takes place and members found to be misusing it will be subject to the sanctions of these Terms and Rules.
GENERALLY
Intellectual property and right to use
96.
You acknowledge and agree
that all copyright, trademarks and all other intellectual property rights in
all material or content supplied as part of
the Websites shall remain at all times vested in us or our licensors.
You are not permitted to use the Company trademarks or logos without the prior
written consent of the Company.
97.
You acknowledge and agree
that the material and content contained within the Websites is made available
for your personal non-commercial use only and that you may (if necessary to
make a purchase) download such material and content onto only one computer hard
drive for such purpose. Any other use of the material and content of the
Websites is strictly prohibited. You agree not to (and agree not to assist or
facilitate any third party) to copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such material
and content.
Headings
98.
The
headings in these Terms and/or Rules are for convenience only and will not
affect their interpretation.
Compliance with laws
99.
The Websites may be used only
for lawful purposes and in a lawful manner. You agree to comply with all
applicable laws, statutes, and regulations regarding the Websites and any
transactions conducted on or through the Websites.
Assignment
100.
Save where expressly provided
you may not assign or sub-contract any of your rights or obligations under
these Terms or any related order for Products to any third party unless agreed
upon in writing by the Company.
101.
The Company reserves the
right without notice or consultation with the members to transfer, assign,
novate, or sub-contract the benefit of the whole or part of any of its rights
or obligations under these terms and conditions or any related contract to any
third party.
Claims by Third Parties
102.
These
Terms and/or Rules do not create or confer any rights or benefits enforceable
by any person that is not a party, except:
a)
the Company's Group and/or
the Protection Fund company (but only in so far as it shall effect the
Protection Fund) shall have the right to enforce any rights or benefits under
these terms and conditions;
b)
the Company's Group and/or
the Protection Fund company (but only in so far as it shall effect the
Protection Fund) shall have the right to enforce and take the benefit of the
rights or benefits of any limitation or exclusion or limitation of liability in
these terms and conditions;
c)
a person who is a permitted
successor or assignee under clause 100 above of the rights or benefits of these
terms and conditions may enforce such rights or benefits.
d)
No consent from the persons
referred to in Clauses 100 or 101 is required for the Company to vary or
rescind these terms and conditions (whether or not in any way varies or
extinguishes rights or benefits in favour of such third parties).
SPAM
103.
Spam complaints are a very
serious threat to all visitors, members, and the integrity of the Company, and
its entire operation. Any member accused of spamming will be investigated, and
if found guilty, will be removed as a member and from participating in the
Reward Token Program, and will lose all benefits, including any sums, which may
become due from the Protection Fund company.
104.
The general rule for spamming
is never send emails to people you do not know. Even if a contact is on your
mailing list, this does not mean they will not complain to our Websites’ host
about spamming. You must be responsible for maintenance of your mailing lists,
or groups. Never post to a newsgroup without knowledge of their rules of
posting. If you do not know, ask the newsgroup moderators. The Company will cancel
your membership if you use any kind of Spam to newsgroups, chat rooms, mass
email, or search engines. You may only promote the Company through your web
site address and not so as to create a website for it, or through email to
friends or safe mailing lists of people you know, or those who request this
information from you.
105.
Please
report all Spam complaints to the Company and any other breach or abuse of
these Terms to customerservices@21CWS.com .
LIMITATION OF LIABILITY
106.
We neither make nor give any
warranty that the Websites will meet your requirements or will be
uninterrupted, timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or
represents the full functionality, accuracy, reliability of the Website. We
will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the Website nor for any viruses you suffer as a
result as you must take your own anti-virus precautions. To the fullest extent
permissible under applicable law, we disclaim any and all warranties of any
kind, whether express or implied, in relation to the Products. This does not
affect your statutory rights as a consumer, nor does it affect your Contract
Cancellation.
107.
The Company will not be
liable to any member for carrying out the member’s instruction as given via the
Website and in that member’s My Account area if the log in and any information
supplied appears to have emanated from that member by reason of the use of that
member’s pass word and/or pass code.
108.
The Company will not be
liable, in contract, or tort (including, without limitation, negligence), for
pre-contract or other representations (other than fraudulent or negligent
misrepresentations) or otherwise arising out of or in connection with the Terms
and/or Rules for: any economic loss (including without limitation loss of
revenues, profits, contracts, business or anticipated savings); or any loss of goodwill
or reputation; or any special or indirect losses, suffered or incurred by that
party arising out of or in connection with the provisions of any matter under
the Terms and/or Rules. Nothing in the Terms and/or the Rules shall exclude or
limit our liability for death or personal injury resulting from our negligence
or that of our servants, agents or employees, but only if we are proven to be
vicariously liable for them.
SEVERANCE
109.
If any part of the Terms
and/or the Rules shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the
Terms and/or Rules and shall not affect the validity and enforceability of any
of the remaining provisions of the Terms and/or Rules.
WAIVER
110.
No
waiver by us shall be construed as a waiver of any proceeding or succeeding
breach of any provision of these Terms and/or Rules.
ENTIRE AGREEMENT
111.
These Terms and/or Rules
govern our relationship with you and confirm that, in agreeing to accept them,
you have not relied on any representation save insofar as the same has
expressly been made a condition of them and you agree that you shall have no
remedy in respect of any representation.
112.
To the fullest extent
permitted by law, all implied terms, whether by statute or otherwise are
excluded.
113.
Your
Statutory Rights are not affected by these Terms and/or Rules. This applies to
the
LEGAL REQUIREMENTS
114.
We give the following
notices:‑
1.
It is illegal for a promoter
or a participant in a trading scheme to persuade anyone to make a payment by
promising benefits from getting others to join a scheme. Do not be misled by
claims that high earnings are easily achieved. (In accordance with the Trading
Scheme Regulations in force within the
2.
The frequency of payments
shown in these Terms and/or Rules, or any promotional material such as
presentation DVD’s, presentation scripts or advertising material in all and any
media, are intended as a guide only and does not guarantee that the amounts are
easy to achieve, or are payable within any specific period.
FORCE MAJEURE
115.
We reserve the right to delay
delivery or to cancel the order or reduce the volume of the goods ordered by
you (without any liability to you) if we are prevented from or delayed in the
carrying on of our business due to circumstances beyond our reasonable control
including without limitation acts of God, governmental actions, war or national
emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out,
strikes or other labour disputes (whether or not relating to the Company's work
force), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials Provided that if the event
in question continues for a continuous period in excess of 14 days, you shall
be entitled to give us notice in writing to terminate the order.
REFERENCES
116.
In these Terms:
Any words expressed in any gender shall
where the context so requires or permits include any other gender, corporate entity or association;
Any words expressed
in the singular shall where the context so requires or permits include the
plural;
LAW
117.
These Terms shall be governed
by and construed in accordance with the laws of
(Ver iia)