1.1 The business partner is an independent entrepreneur who wants to secure business income by distributing PM products.
1.2 A Business Partner may, as part of its sales activity, sell PM products to end consumers under its own name, recommend them to end consumers who purchase PM products directly from PM (Direct Customer Program), and refer new business partners to PM as a sponsor.
1.3 The business partner has no work obligation and determines the place, type, time and scope of the activity freely, independently and without any instructions. The business partner bears all costs associated with his activity. As an entrepreneur, he is responsible for fulfilling all legal obligations arising from his activity (business registration, income tax, sales tax, social security law, competition law).
1.4 The business partner has no work obligation and determines the place, type, time and scope of the activity freely, independently and without any instructions. The business partner bears all costs associated with his activity. As an entrepreneur, he is responsible for fulfilling all legal obligations arising from his activity (business registration, income tax, sales tax, social security law, competition law).
2. Initiation and termination of business partnership
2.1 A business partnership requires the business partner to submit an appropriate application, fully and legibly completed; upon approval of the application by PM, this partnership is legally concluded. It is not necessary to order PM products. PM will promptly notify the sales partner once it has approved their request.
2.2 The business partner may withdraw from the contract within 30 days from the day on which he was informed of the approval of his request, without giving a reason, by a written statement sent to PM. After withdrawing from the contract, he can return all PM products that he purchased as a business partner to PM and they will reimburse him in full for the payment he made for them.
2.3 The business partnership is concluded for an indefinite period; may be terminated at any time by legal notice. The right to extraordinary termination for good reason remains unaffected. If the business partner violates any of its obligations according to points 4.1, 4.2 and 5.2 of the Rules for business partners, the PM company usually evaluates this as a serious reason for terminating the contract.
2.4 In the event of death, a business partnership can be transferred to a spouse, child or parent if all heirs request the transfer in writing and unanimously, the recipient accepts the PM Business Partner Rules as they currently stand and the PM agrees in writing, and consent can be refused only for serious reasons.
3. Bonus claims of the business partner
3.1 The business partner is entitled to a bonus for the inclusion of end customers in the Direct Customer program and for the inclusion, training and support of new business partners as sponsors. The terms and amount of the bonus are based on the PM marketing plan as amended at the time of inclusion; in this regard, PM has the right to decide, while applying this right uniformly to all business partners and according to the currently valid marketing plan.
3.2 PM calculates bonus amounts on a monthly basis. In contrast to the provisions of Section 87, Paragraph 1 of the German Commercial Code (HBG), the business partner is entitled to a commission only after payment for the goods. In other cases, and unless otherwise stipulated in the Rules for Business Partners, the statutory regulation applies. The invoice includes sales tax only if the business partner informs PM in advance and in writing that it is entitled to apply input tax, stating its tax number and the relevant tax authority. The invoice is sent by e-mail. If the business partner wishes to be sent by post/postal order, an administrative fee of 10.00 euros will be charged for each such statement. The bonus will be paid no later than the 20th of the following month. If the result of the monthly bonus statement is an amount lower than net 5.00 euros, the payment will not be made and this right to wash out will be forfeited.
4. Other sales activities of the business partner
4.1 A business partner may not work for any competing company of PM without PM's prior written consent. PM's competitors are all companies that offer goods or services through personal direct sales or through a network marketing system, as well as - regardless of the distribution channel - all companies whose products compete in whole or in part with PM's products.
4.2 Business Partner is required to conduct all permitted sales activities for another company completely separate from its activities related to PM and PM products. They must not refer to their work for PM and their status as a PM business partner, offer another company's goods and services together with PM products, or in any way induce other PM business partners to purchase goods or services from or to work with that other company for another company instead of or in addition to working for PM.
5. Purchase and distribution of PM products
5.1 The business partner orders and obtains PM products exclusively directly from PM. Purchase of PM products from another business partner is not allowed.
5.2 Business Partner sells PM products to end customers exclusively through personal direct sales. Sales through retail stores, markets, fairs, internet auctions and similar sales events are not permitted.
5.3 The sales partner is obliged to take back the PM products sold to the end customer within 30 days of delivery. The customer does not have to give any special reasons - it is enough that he is not satisfied (PM satisfaction guarantee). After returning the products, the business partner gives the end customer a choice between: an exchange, a credit note or a refund of the purchase price paid.
5.4 The business partner is free to decide whether and in what quantity to order from PM. There is no minimum subscription requirement. The return of purchased PM products to PM is possible in accordance with the Rules for returning PM goods, which can be viewed in the internal partner zone at www.pm-international.cz.
5.5 All orders from the business partner are handled in accordance with the PM price list valid at the time the order is placed. Prices generally do not include sales tax or shipping and handling (flat rate shipping) charges, if applicable. Payment must be secured or made prior to any delivery of products. Payment can be made by bank transfer, debiting the given amount from a credit card, cash on delivery upon delivery of the goods, or payment through a terminal during personal collection.
6. Other obligations of the business partner / contractual penalty
6.1 In the performance of his work, the business partner always acts as an independent entrepreneur with his own responsibility, who takes care not to create any impression that he is an employee of PM or that he is authorized to speak on behalf of PM.
6.2 If the PM company is a member of national and international associations for direct sales, the business partner is obliged to strictly observe the standards of behavior for members and their sales representatives set by these associations when performing their activities; the PM company immediately informs the business partner about such standards of behavior that the person concerned must comply with.
6.3 All business partner statements about PM and PM products must be in accordance with PM's specifications, in particular the product catalog, product labels and other product communications. In no case may the business partner attribute a therapeutic or curative effect to PM products.
6.4 Distributor may not make any changes to the PM Products or their packaging and may not allow third parties to make such changes. Attaching a sticker with the business partner's address information to the packaging is permitted, as long as it is not obscured by advertising statements or product messages.
6.5 During the promotion of PM and the distribution of PM products, the Business Partner uses only such product information, sales materials and sales aids issued by PM, and if advertising and sales are carried out on the Internet, it uses only the online store made available by PM to Business Partners. In self-created advertising materials and on the self-created website, the business partner may not refer to PM or PM products or use PM's trademarks or other industrial property rights. Otherwise, the PM internet guidelines apply, which are available at www.pm-international.cz.
6.6 For each breach of any of the obligations under clauses 4.1, 4.2, 5.1, 5.2, 6.3, 6.4 and 6.5 of the Rules for business partners, the business partner is obliged to pay PM a contractual fine, the amount of which is determined by PM separately in each specific case, taking into account the seriousness of the breach and on the amount of the business partner's income. Other claims relating in particular to a court order and compensation for damage are not affected by the application of a contractual penalty.
6.7 Each business partner must respect and comply with applicable laws and generally accepted standards of conduct for direct selling, both in its general advertising activities and in the recruitment of new business partners. This results in particular from the explicit prohibition of any form of "spamming" and systematic dragging of business partners from other companies. Any violation of this policy will be subject to strict action by PM, up to and including termination of the business partnership. For this purpose, PM has developed General Rules of Conduct, which must always be strictly observed and which can be viewed in the internal partner zone at www.pm-international.cz.
7. Line Protection
7.1 It is PM International's policy to uphold and protect the sponsor's lineage. A distributor who has terminated his membership in a distribution line may only be readmitted as a distributor if he submits a new application aa) is sponsored by his former sponsor or b) after at least 12 months have passed since his membership was terminated. A business partner who has been dropped for inactivity (12 months without own sales) can be reregistered at will on a new application, i.e. not only under their former sponsor, but in any line under any sponsor.
7.2 Line protection also applies to customers of the Direct Customer program. Line protection for customers is valid for 6 months.
7.3 The registration of relatives/spouses is governed by the regulations, which can be downloaded from the Frequently Asked Questions section of the Partner Zone.
8. Obligation to participate in the dispute resolution process
8.1 As a business partner, you are obliged to settle all disputes arising from the contractual relationship concluded online amicably. If the problem cannot be resolved to the customer's satisfaction, they should contact the Bundesverband Direktvertrieb Deutschland eV (BDD) (https://www.direktvertrieb.de/). BDD will attempt to mediate between you and the customer. If an amicable solution cannot be reached in this way, you are entitled to participate in out-of-court arbitration at the Federal Universal Arbitration Commission at the Arbitration Center eV, Straßburger Straße 8, 77694 Kehl (www.verbraucher-schlichter.de). Further, the procedure is followed in accordance with the procedural and expenditure rules of this office (https://www.consumermoderator.de/arbitration/procedural rules/procedural rules)
9. Final provisions / changes / consent to data processing
9.1 Contractual relations between the parties are governed by the law of the Federal Republic of Germany.
9.2 The place of jurisdiction for all disputes between the contracting parties is Speyer, if the business partner is not domiciled or habitually resident in the Federal Republic of Germany at the conclusion of this contract or at the commencement of legal proceedings; the right of the contracting party to file a lawsuit against the other party in its place of general jurisdiction remains unaffected.
9.3 The contractually agreed written form is also preserved for fax or e-mail.
9.4 PM will inform the Business Partner in writing of any changes to the Rules for Business Partners. Changes are considered approved if the business partner does not object in writing within three weeks of notification of the change. PM will draw attention to this consequence in particular when announcing the change.
9.5I agree that my personal data related to business cooperation and the fulfillment of contracts will be collected, stored, processed and used by PM using automated procedures. This data may also be passed on to my sponsor line and to PM International AG, Luxembourg for the above purpose. I agree that PM may obtain credit information about me. I understand that I can withdraw my consent to the storage, processing and use of data as described above at any time in the future.
9.6 The protection of your personal data and your privacy is important to us. The European General Data Protection Regulation imposes new requirements for the processing of personal data and we have been following them since 25 May 2018. Article 14 of the European General Data Protection Regulation (hereinafter referred to as “GDPR”), i.e. information about the purpose of business, the purpose of data storage, the recipients of data, our data protection officer, your right to self-provision of information, the right to deletion or correction etc. can be found in our Privacy Policy under the following link (https://www. pminternational. com/de/datenschutz/footer/lang=de).