General conditions of DALVITA Club Membership
Club DALVITA was founded and is represented by company DALVITA LTD, VAT Reg No: BG203422165, based in the R. BULGARIA, Sofia, Hemus 59 ZIP code: 1111, registered in the Commercial Register at the Regional Court in Sofia, hereinafter referred as DALVITA LTD.
1. A member can be a natural person whose age is 16 years or over or a legal entity.
2. DALVITA Club Membership comes into existence in the moment of completion of ON-LINE registration on official DALVITA website www.dalvita.com
3. After successful ON-LINE registration, Member receives a confirmation of his membership including his member ID and a password on his email which was used for registration. These data are necessary for log in to member section of official DALVITA website. Member commits himself to enter during registration all required identification and contact data and also commits himself to update in case of change any of these data in tab My Office – My Profile – Contact Data. DALVITA does not carry any responsibility for Member’s incorrect contact data in the DALVITA registers and following incorrect deliveries within official communication between DALVITA and Member.
4. DALVITA does not carry any responsibility for a damage caused when Member gives away his personal login information to a 3rd party.
5. Member can hold only one member ID. In case of finding out of existence of repetitive registration even in a hidden way, only the first registration will be considered as valid and all the following registrations will be cancelled.
6. Member has the right to order - purchase DALVITA products for member prices, to perform direct sales of DALVITA products under his name and on his account as a separate business subject and to provide promotion services in favour of trademark DALVITA (to sponsor – to register new members into DALVITA Club). In such case, Member is obliged to abide related laws and regulations in the country of his activity and to submit stipulated tax return and other overviews. If a claim for commission payment based on DALVITA Compensation Plan comes into existence to Member, the payment is governed by the Conditions for commission payments to members of DALVITA Club effective in his country. Member is not an DALVITA sales representative or its employee or an employee of any DALVITA franchise branch.
7. Member receives points for orders - purchases of DALVITA products which are awarded by points. A list of products awarded by points together with numbers of points assigned to DALVITA products is available on the official website of a relevant DALVITA franchise branch or will be communicated on demand by relevant DALVITA franchise branch.
8. Member can order DALVITA products in a relevant DALVITA franchise branch according to his permanent residence or place of business activity without limit. Member can order DALVITA products also in other DALVITA franchise branches with regard to fact that for such orders he can receive up to 100 points in total in one month. A relevant DALVITA franchise branch can decide about potential exceptions.
9. Member commits himself to pick up his deliveries with ordered DALVITA products within collection time and to pay for it in cash or with bank card. In case of repetitive problems with delivery of ordered products, Member must reimburse any expenses related to the delivery to the relevant DALVITA franchise branch. Repetitive problems related to unsuccessful delivery is considered as a repetitive violation of the General conditions of DALVITA Club Membership. Any DALVITA franchise branch has the right to refuse processing orders of such member who acted as mentioned above, and also has the right to deduct the expenses related to the delivery from Member’s commission. In case of inability to deduct the expenses related to the delivery from Member’s commission, the relevant DALVITA franchise branch has the right to process the next order of this member only after reimbursement of the expenses.
10. Member engaged in sale of DALVITA products can present and offer these products personally in form of direct selling or on the markets, craft fairs, festivals and other similar events but only exclusively for a promotion and sponsoring purposes – registration of new members into DALVITA Club. Sale of DALVITA products in retail shops, in stands, in online auctions or by any other similar method which is in contradiction with nature of direct selling is forbidden. Sales through its own online store with fixed sale prices is not forbidden but is subject to an approval from the marketing department of a relevant DALVITA franchise branch.
11 . In case of Member’s business activity in connection with cooperation with DALVITA, the company DALVITA does not carry any responsibility neither for non-acquiring necessary permits for business activity or for non-submitting or non-payment of relevant taxes and contributions nor for non-fulfilment of other obligations towards the country arising from his business activity.
12. Member is obliged to provide to costumers, interested parties in DALVITA Club Membership and other members only true information about prices, characteristics and availability of products from DALVITA offer in a way which is clear and identical to information from current informative and advertising materials published by DALVITA or by relevant DALVITA franchise branch with regard to fact that DALVITA products are original products properly registered and certified for given market. Member cannot by no means mislead the interested parties in the DALVITA products or in the cooperation with DALVITA by comparing DALVITA products to products of other brands. All the necessary information is available in official printed materials, in presentation materials published by DALVITA, on the official DALVITA website and on social media managed by DALVITA or by relevant DALVITA franchise branch.
13. Member commits himself to avoid any action which could create financial or any other damage to trademark DALVITA, to DALVITA franchise branches, to any member of DALVITA Club or to any consumer of DALVITA products. Member commits himself to avoid any action which could lead to misuse of personal and contact data of other members of DALVITA Club or to misuse of business information and know-how acquired during cooperation with DALVITA, and that not only during active membership, but also in case of pausing or cancelling of DALVITA Club Membership. Otherwise DALVITA has the right to enforce by a legal action the covering of damages which have arisen.
14. Member has to ask DALVITA or a relevant DALVITA franchise branch for approval for individual publishing or individual promotion containing any logo DALVITA or any phrase containing the trademark DALVITA, alternatively for any official photo or for graphics DALVITA.
15. Member is obliged to watch out for any potential changes in informative materials and on the official DALVITA website or websites of relevant DALVITA franchise branch, in the General conditions of DALVITA Club Membership, in related conditions and rules, which will be sent to members via email or which will be published on the official DALVITA website.
16. Changes in the General conditions of DALVITA Club Membership, related conditions and rules are valid and effective the day that they have been sent and published on the official DALVITA website.
17. In case of violation of any article in the General conditions of DALVITA Club Membership, the membership can be interrupted to Member and an adequate deadline will be defined for rectification.
18. DALVITA Club Membership is hereditary. The Membership is transferable to 3rd party who is not a member of DALVITA Club but this only with a written approval of DALVITA and under condition of fulfilment of relevant laws in the given country.
19. The Membership comes to an end (a) if the newly registered Member does not place any personal order up to 30 days since completion of ON-LINE registration, (b) if Member does not place any personal order in the last 365 days and does not do so even after substitute period of 30 days since the delivery of notification – Appeal for rectification sent to Member, (c) by agreement between DALVITA and Member, (d) by unilateral termination of Membership by
any involved party. Unilateral termination by DALVITA can take place only because of repetitive violation of the General conditions of DALVITA Club Membership, alternatively because of non-rectification before defined deadline in case of interruption of the membership in DALVITA Club. The appeal for rectification or the termination notice of the membership is effective in the moment of electronic delivery on Member’s email address which was initially used for registration or was updated on the official DALVITA website in tab My Office – My Profile – Contact Data or in to the mailbox in DALVITA messenger, both accessible after Member’s login on any official DALVITA website.
20. Invalidity or ineffectiveness of any article does not establish an invalidity or an ineffectiveness of other articles in the General conditions of DALVITA Club Membership. Law applicable to purposes of membership in DALVITA Club is the law of the BULGARIA. What is not governed by the General conditions of DALVITA Club Membership, by related conditions or rules, shall be governed by the Civil Code, Act. No. 89/2012 Coll. as amended and the applicable court is the Municipal Court in Sofia, Bulgaria