The present Terms and Conditions (hereinafter TC) are intended to regulate, together with the Code of Ethics and Rules of Conduct, the relationship between MYSTIC STAR, LDA, with head office at Avenida da Liberdade, 230, 8th, 1250-148 Lisbon, herein after in its own name and as a Company belonging to BF Group (hereinafter BF) and the Mystic Star Ambassador (hereinafter Ambassador).
Mystic Stars reserves the right to revise these Terms and Conditions whenever it deems necessary to do so, with the date of the last update at the end of this document. Without prejudice of the information provided by Mystic Star, the Ambassador commits to diligence, at every moment, to keep updated regarding the Terms and Conditions, as well as the Code of Ethics and Rules of Conduct.
1ST - DEFINITIONS
For the purpose of this and the Code of Ethics and Rules of Conduct, the following definitions shall be used:
- Code of Ethics and Rules of Conduct: a set of binding norms, that govern the conduct of the intervening Parties, integrating the Mystic Star Ambassador Program;
- Client: any natural or legal persons that for their own consumption, through any Mystic Star Sales Channels and through the Ambassador, acquire Mystic Star products or any services divulged by Mystic Star;
- BF Sales Channels: any means online or offlinethrough which the Ambassador can market Mystic Star products or services promoted by Mystic Star;
- Ambassador Promotional Code: code, personal and non-transferable, attributed by Mystic Star to each Ambassador in alphanumeric, numeric or link format, through which the sale holder Ambassador is identified and the sales of Mystic Star Products made by him are monitored;
- Personal Data: refer to the data shared by the Ambassador at the time of registration as a Mystic Star Ambassador, as well as any additional information concerning you that you may provide from time to time and that qualifies as personal data for the purposes of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) and other applicable European and national legislation on the protection of personal data;
- Personal InformationMystic Star Ambassadors and Third Parties, that for the purpose of the accomplishment of the commercialization of Mystic Star Products are object of treatment in the course of their relationship with Mystic Star;
- Mystic Star Ambassador: Natural person that, by joining the Ambassador Program, collaborates with Mystic Star in the commercialization of Mystic Star products;
- BF GroupBarcelos & Fonseca - Comércio e Serviços, S.A., as well as its parent company and any other company that is directly or indirectly controlled by the referred parent company;
- Recruiting Line: Formed by the Ambassador, Ambassador Recruiter and Mystic Star;
- BF Brands: refer to brands registered and owned by any companies in the BF Group;
- Ambassador's ProfileProfile attributed by Mystic Star to each Mystic Star Ambassador, in which the Mystic Star Product campaigns that, at each moment, can be commercialized by it, are active;
- Mystic Star ProductsAll products and services commercialized by Mystic Star, in its own name or as a subcontracted entity by third parties, for commercial promotion and client recruitment of its products;
- Ambassador ProgramMystic Star collaboration plan, which describes the income opportunity, in which is determined the commission regime in force for each Mystic Star Product sold by the Ambassador;
- Pricing: The prices practiced for each Mystic Star Product are the ones defined by Mystic Star or by its Clients, when it is a matter of products from Third Parties that have contracted Mystic Star to carry out commercial promotion campaigns of its products;
- Ambassador Network: Relevant network for the purpose of payment of commissions, consisting of the Ambassador and all Ambassadors recruited directly by him and subsequently recruited by them, up to the 4th successive line of recruitment
- TerritoryUsing Mystic Star online Sales Channels the Ambassador can commercialize Mystic Star Products to any national or international destination, being applied the foreseen shipping/delivery rates for each specific case. If Mystic Star Products are commercialized through offline Sales Channels, the Ambassador will privilege the geographical areas indicated by Mystic Star as preferences for the diffusion of each Mystic Star Product to commercialize;
- REGISTRATION AND ENROLLMENT
- The quality of Mystic Star Ambassador is personal and non-transferable, is subject to full compliance with the Code of Ethics and Rules of Conduct, being dependent on prior registration and acceptance by Mystic Star, which occurs with the activation of the Ambassador through the attribution of the Ambassador Promotional Code.
- The candidate Ambassador must be enrolled, through the online registration, by an already active Ambassador; however, the candidate can submit an application directly to Mystic Star, in which case, he/she will be integrated in Mystic Star's direct network of Ambassadors, being able, from then on, to create his/her recruitment line under the terms of the following number,
- Any active Ambassador can recruit as many Ambassadors as he/she wants, and Ambassadors recruited directly by him/her and recruited by them, up to the 4th successive line of recruitment, will be included in his/her "Ambassador Network".
- Once the activation and the attribution of the Ambassador's Promotional Code is concluded, the Ambassador is enabled to commercialize the Mystic Star Products whose campaigns are active for its Ambassador Profile.
- The Ambassador Profile gives access to the active Mystic Star Product campaigns, to the codes for tracking the sales made, as well as to the information about the commissions due for the accomplishment of the respective sales.
- The Ambassador and Mystic Star may terminate enrollment at any time, as stipulated in Clause 3.
- CANCELLATION OF REGISTRATION
- The Ambassador may, at any time, request the cancellation of his registration without the need to state any reason, simply by filling out the "Registration Cancellation Form" in order to inform Mystic Star of his intention.
- The cancellation of registration occurs upon receipt of the "Registration Cancellation Form" and determines the immediate deactivation of the Ambassador Promotion Code, and the Ambassador will no longer be able to commercialize any Mystic Star Products.
- In case of cancellation of registration, only the commissions referring to sales made until that moment will be paid to the Ambassador. Any commissions relative to the sales of Mystic Star Products that occurred after the cancellation date, even if acquired through the Ambassador's Promotional Code, will revert to Mystic Star.
- DIVULGATION AND SALES OF PRODUCTS Mystic Star
4.1. PROCESS OF DISCLOSURE, SALE AND PAYMENT OF COMMISSIONS
- The promotion of Mystic Star Products to potential Clients is made through personal contact or through the sending, through digital platforms, of the Link with the Ambassador's Promotional Code, being, by reference to it, the order formalized directly by the Client and the sale made by Mystic Star, according to the Terms and Conditions foreseen for each Product.
- The sales of Mystic Star Products made through the Ambassador's Promotional Code confer to the Ambassador, the right to receive the commissions at each moment foreseen for each Product, which can be consulted at any moment in the Ambassador's Profile.
- The commissions due to the Ambassador for the sale of any Mystic Star Products are defined exclusively by BF, and can be changed at any time without the need for the Ambassador's agreement and through a mere update in the system, being up to the Ambassador to verify in his Profile which commissions are foreseen, at each moment, for each Mystic Star Product.
- Whenever a sale is made using the Ambassador Promotional Code, the Ambassador will have access to the code for tracking the sale made, which will allow him to manage the commissions he has in his portfolio.
- The payment of the commissions to the Ambassador is only due after the verification of the Mystic Star Product price payment by the Customer. The impossibility of making the sale for any reasons related to the Ambassador's performance/behavior, as well as the cancellation of the purchase by the Customer within the free resolution period, determines, relative to the Mystic Star Products in question, the return of the commissions eventually paid, which can be done by compensation with commissions due but not yet paid to the Ambassador.
- In addition to commissions for sales made with its Promotional Code, the Ambassador will also be entitled, as defined in #3, to receive commissions from sales made by Ambassadors in its Network, up to the 4th line of recruitment.
4.2. PRICES AND PAYMENT
- The prices of Mystic Star Products are the ones that, at each moment, are defined by Mystic Star, and the Customer, if the purchase is made through an Ambassador, can benefit from the Campaign Price associated to the Ambassador's Promotional Code. All Prices are indicated in the currency of the country where the delivery will be made and include VAT at the legal rate in force.
- Mystic Star reserves the right to change the Prices at any time and at its absolute discretion, in which case the provisions of the Terms and Conditions of each Mystic Star Product shall apply.
- The procedures inherent to the payments, invoicing and delivery of Mystic Star Products to the Customer follow the specific rules foreseen in the Terms and Conditions of each Mystic Star Product.
- Obligations of the Mystic Star Ambassador
5.1. GENERAL OBLIGATIONS
- Mystic Star Ambassadors make the commercial promotion of Mystic Star Products in their name and on their own behalf, and the collaboration with Mystic Star does not configure, under any circumstance, an employment relationship.
- The Ambassador has no authority to negotiate, buy, sell, or generally enter into any agreements on behalf of Mystic Star.
- The Ambassador acknowledges that the Mystic Star Trademarks, their trade name and visual appearance are the property of Mystic Star, committing, in the disclosure and presentation of Mystic Star Products to scrupulously respect the terms of the Mystic Star Code of Ethics and Rules of Conduct.
5.2. DATA PROTECTION RESPONSIBILITIES
- In the scope of the promotion of Mystic Star Products and for the purpose of making the sale, the Ambassador may proceed to the collection of the Personal Data of the recruited Clients. Without prejudice of the responsibility for the treatment of the Customers' Personal Data belonging to Mystic Star, the Ambassador, as the responsible for the collection of the same, guarantees and agrees to comply with the applicable legal regime regarding privacy and data protection, including, without restrictions, Regulation (EU) 2016/679 (the General Data Protection Regulation) and Directive 2002/58/EC (the Directive on privacy and electronic communications), both as implemented by national legislation, amended, supplemented and replaced from time to time.
- If the Ambassador wishes to recruit new Ambassadors, they must comply with Mystic Star Recruitment procedures regarding data protection, ensuring that any data collection is in compliance with current legislation.
- The Ambassador shall, where appropriate, also take appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of data processing.
- The Ambassador must immediately notify Mystic Star as soon as it becomes aware of any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data by sending an email to Mystic Star at [email protected] explaining the nature of the incident and the data affected.
- Once the sale is concluded or confirmed the frustration of the sale, the Ambassador is obliged to deliver to Mystic Star all the Personal Data regarding Customers that, for the purposes of the procedures inherent to the accomplishment of the sale of Mystic Star Products, have remained in its control.
- Mystic Star is not responsible for any fines, costs and other expenses that may be incurred as a result of any violation of privacy and data protection laws by the Ambassador, which will be charged to the Ambassador.
5.3. COMMERCIAL AND MARKETING COMMUNICATIONS
- In all contacts made with potential Customers or Clients, the Ambassador must expressly ask whether or not they wish to receive commercial communications about Mystic Star Products, obtaining, if applicable, their explicit and informed consent before sending any communications.
- For the purposes of the preceding paragraph, the Ambassador shall also maintain a report of the respective marketing preferences of any recipient of its communications, which includes a report of the date on which authorization was given. Any marketing communications sent by the Ambassador shall be accompanied by information on whether and how the recipient may cancel future communications. The Ambassador accepts and warrants that it will respect the communications preferences as well as the cancellation requests of any recipient, which must be communicated to Mystic Star.
- Mystic Star Ambassador's commercial and marketing communications made in this capacity are subject to the following conditions:
- Commercial and marketing communications are related only to Mystic Star Products and expressly identified as such;
- Communications include the name and contact of the Ambassador as the sender of the commercial communication and a email where Customers can notify you of their preference not to receive further marketing communications;
- All promotional offers, such as discounts, prizes and gifts, permitted by applicable law, must be clearly identified as such, and the conditions to be met to qualify for them must be easily recognizable and be presented in a clear and unambiguous manner, and Ambassador must ensure that their content complies with these Terms and Conditions as well as applicable law regarding commercial communications.
- Ambassador communications are sent on your behalf and under your responsibility and, although concerning Mystic Star Products, you are not authorized to send any commercial communications by or on behalf of Mystic Star.
- Under the provisions of the Terms and Conditions provided for each Mystic Star Product and subject to availability, Mystic Star is obligated to deliver the Products ordered by the Customers raised by the Ambassador.
- BF expressly excludes any responsibility related to the rupture or reduction of stock of the Mystic Star Product purchased by the customer, which prevent the sale from taking place.
- The Ambassador receives, directly from Mystic Star, any commissions due under the Ambassador Program currently in effect.
- Mystic Star reserves the right, with immediate effect, to proceed with the cancellation of the Ambassador's registration if the Ambassador:
- Declaring, providing or transmitting any personal data, either yours or that of the Clients recruited, that is materially erroneous or false;
- Violating the provisions of these Terms and Conditions, as well as those contained in the Code of Ethics and Rules of Conduct or by mere breach of trust between the parties;
- To put in cause the good name of Mystic Star and/or its Clients/Partners, transmitting, intentionally and with the objective of forcing the sale of Mystic Star Products, wrong information to potential Clients, which can, later, justify an eventual cancellation of the purchase;
- Mystic Star also reserves the right to refuse any registration or re-registration, as well as to cancel, at any time and without any justification, any registration of an Ambassador who, despite being active, has not made any sales for 30 consecutive days.
ERRORS AND CORRECTIONS
- Although Mystic Star makes every effort to post correct and current information on the websites of the various Mystic Star Products available on the Ambassador Profile, it does not guarantee that they are free of errors derived from data entry or other technical problems, which may sometimes result in the presentation of erroneous information.
- Mystic Star reserves the right to correct any errors, typographical or otherwise, presented in the respective websitesincluding, but not limited to, pricing and availability of Products and services.
- Mystic Star also reserves the right to make improvements and/or changes to the characteristics of the websitesYou can use it for any purpose, functionality or content, at any time.
- Within the scope of the existing collaboration between the Parties, if the Ambassador finds any incorrect information, he must immediately inform Mystic Star.
- GENERAL PROVISIONS
- These Terms and Conditions are governed by Portuguese Law and any disputes arising out of or in connection with them shall be decided only by the competent courts of Portugal, the District Court of Lisbon being competent for this purpose.
2. If any provision of the Terms and Conditions is unlawful, void, or for any reason unenforceable, the invalidity of that provision shall not affect the validity of the remaining Terms.
- Mystic Star's failure to implement any of the provisions hereof shall not be deemed a waiver of its applicability .
- Mystic Star reserves the right to update and change these Terms and Conditions at any time. Any alteration or update will become effective from the moment of its publication in the website www.masterswiss.com .
- Any changes must be accepted by the Ambassador as a condition for the use of Ambassador Promotional Codes. Without prejudice to Mystic Star's ability to require express acceptance of any changes, changes made will be deemed accepted if, following their publication, the Ambassador continues to advertise Mystic Star Products through its Ambassador Code.