International VIP-Client terms and conditions

specified between
the Applicant (see page one)
- hereinafter referred to as the “VIP-Client” -
and
the company VIANESSE AG,
Dorfstraße 50, CH-6390 Engelberg
- hereinafter referred to as “VIANESSE” -

Preliminary notes:

The VIP-Client, taking into consideration the policy of the company VIANESSE, shall distribute its products and acquire VIP-Clients, who shall also deal with distribution of the products of the company VIANESSE.

  • the company VIANESSE shall release the VIP-Client from the claims of third parties concerning the quality of products
  • the company VIANESSE shall also release the VIP-Client from any claims of third parties concerning the advertisement of products.
  • the VIP-Client shall not be obliged to order or receive a specified amount of goods.
  • In order to create a trade network of the VIP-Client and in order to protect the distribution structure, sale of competing products shall require a consent from the company VIANESSE.

Stressing the above as mentioned, the parties specify as follows:

§ 1 The subject of the contract, legal situation of the VIP-Client

  1. The VIP-Client shall purchase and sell products of the company VIANESSE and, at the same time appear as an independent entrepreneur, operating on his own behalf and on his own account. The VIP-Client shall be free, within the framework of this contract, to determine the character of his operation and the working hours. He shall not be entitled to represent the company VIANESSE as far as legal aspects are concerned.
  2. The VIP-Client undertakes to sell the products only in the form of direct selling. It shall not be allowed to sell the products in stores, pharmacies, perfume shops, supermarkets or during fairs and in the Internet.
  3. The VIP-Client undertakes to purchase the products only directly in the VIANESSE company or from an authorized dealer. Collecting goods from or between VIANESSE VIP-Clients is forbidden.
  4. Defective goods should be sent back to the company VIANESSE within 14 days from the delivery date, with the specification of the reasons for the complaint.
  5. The VIP-Client shall not be obliged to accept a specified amount of goods. The VIP-Client may return the goods purchased in the company VIANESSE or from an authorized dealer, within two months from the delivery date, in return for other goods, provided that the original package is retained, the goods returned are unaltered, which makes their further sale possible. If the VIP-Client wishes to be paid in cash in the amount equal to the value of the goods, he shall receive the amount equal to the value of the goods, minus handling fee - 10% of the amount, minimum 5,-- €, maximum 30,-- €.
  6. The VIP-Client shall be obliged to accept the return of ordered and paid goods from the end customers, without the necessity to specify the reasons, within 14 days from the delivery date in the case of food supplements and 30 days in the case of cosmetics. The VIP-Client undertakes to guarantee the customer, in accordance with his choice, replacement with other goods or return of the purchase price. The VIP-Client may, under a credit note, send back the goods returned by the end customer, to the company VIANESSE. In this case, the VIP-Client shall not be charged with handling fee, excluding possible transport costs. The credit note shall be issued based on the document confirming cancellation of the contract with the end customer.
  7. The company VIANESSE shall release the VIP-Client from any claims of third parties concerning the warranty or responsibility for the product.

§ 2 General obligations of the VIP-Client

  1. The VIP-Client may be registered only once.
  2. The VIP-Client shall, independently, take care of the necessary official permits, needed for pursuance of independent business activity and for paying taxes and fees.
  3. It shall be forbidden for the VIP-Client to take any actions that could, in trade turnover, make the impression that he is employed with the company VIANESSE or is dependent on it or bound with its orders.
  4. Data of the customers acquired by the company VIANESSE must be treated by the VIP-Client as strictly confidential. They constitute the property of the company VIANESSE.
  5. The VIP-Client shall be obliged to use sales instruments such as price lists, presentation case, prospects, catalogues, etc., only from those belonging to the company VIANESSE.
  6. If there are claims of third parties raised against the VIP-Client, due to forbidden advertising of the aforementioned products, the company VIANESSE shall release him from the authorized claims.
  7. Moreover, the VIP-Client shall not be allowed to undertake advertising operations consisting in publication of photocopies of VIANESSE products and the VIANESSE brand, as well as advertising VIANESSE products on his webpage.

§ 3 No competition on the side of the VIP-Client

  1. From the moment of commencement of the contract, the VIP-Client is not allowed to collect, sell or manufacture products being competitive to the products specified in the contract, unless the company VIANESSE issues its earlier written consent in the given case. Without a written consent, the VIP-Client shall not operate in a company competitive for the company VIANESSE or support it in any other manner.
  2. The VIP-Client shall be obliged to report contracts concluded between him and the companies competitive to the company VIANESSE, binding at the moment of commencement of this contract, to the company VIANESSE, without being requested to do so.
  3. Issuance of a consent in accordance with points 1 and 2 shall take place at the company’s discretion. VIANESSE may refuse to give its consent if interests of the company VIANESSE, necessary to be protected, are violated as a result of operation of the VIP-Client.

§ 4 Keeping secret / data protection

  1. Trade and company secrets of the company VIANESSE, entrusted to the VIP-Client, cannot be transferred to, or made available to third parties, both in the period the contract is binding and after its termination. According to § 4 section 1 of the VIP-Clients Contract, also spouses and life partners are deemed to be third parties.
  2. The VIP-Client undertakes to meet the arrangements connected with legal data protection, in relation to data received within his operations.
  3. The VIP-Client shall not be entitled to use the data of other VIP-Clients, he got access to within his operations for the company VIANESSE (see § 5)

§ 5 Declaration of consent

  1. Personal data is going to be collected, stored and used within the operation of the commercial partner. This data shall be in particular: surname, address, date of birth, phone number, e-mail address, turnover achieved in the company VIANESSE by the VIP-Client and his position in the structure of the company VIANESSE. The data shall be collected, stored and used in order to conclude a VIP-Clients contract.
  2. In relation to the above, the VIP-Client shall give his consent for his personal data being stored by the company VIANESSE during his operations as a VIP-Client. Moreover, the VIP-Client shall agree for his data to be opened and viewed in the entire distribution system by other VIP-Clients up to the fifth level below the VIP-Client. If the data storage is not in the legal interest of the company VIANESSE, one may require to remove them at any time.
  3. Further data used by the company VIANESSE or by other VIP-Clients shall be allowed only if this is closely connected with operation within VIP-Client partnership (and a special consent for it had been previously granted).

§ 6 Distribution Structure

  1. If the VIP-Client acquires other VIP-Clients and this leads to conclusion of VIP-Client Contract with the acquired VIP-Client, he shall receive commission, dependent on the effects, for accustoming, training and care for the new VIP-Client, in accordance with the marketing plan of the company VIANESSE.
  2. The marketing plan of the company VIANESSE shall constitute an integral part of this contract and it shall constitute an appendix to the starter kit. The marketing plan shall be binding in the version which is valid at a certain point of time, and which was presented to the VIP-Client.
  3. Maintaining of the dependence of VIP-Clients upon one another, based on the distribution system structure of the company VIANESSE serves the protection of all VIP-Clients.

§ 7 Period of the contract, termination

  1. This contract shall become valid on the date of its being signed and it may be terminated with a 4-week period of notice by the end of a calendar month.
  2. At the same time, termination due to an important reason shall become unchanged.
  3. Each termination must be made in writing.

§ 8 Obligations in the case of termination of the contract

  1. At the moment of termination of the contract, the company VIANESSE shall be obliged to accept back the products, the VIP-Client was not able to sell, for their purchase price, taking into consideration the possible decrease of their value. Moreover, commissions paid to the VIP-Client for placing orders for these products shall be deducted from the amount to be returned.
  2. The VIP-Client may be registered again not earlier than 12 months after the termination of his operations as the VIP-Client; the date of the last invoice or of the last payment of commission shall be taken into consideration.

§ 9 Place of the contract, selection of the law and proper venue of the court

  1. The place of the contract and the only proper venue of the court shall be Heidelberg, Germany.
  2. In relation to this contract, only the law of the Federal Republic of Germany shall be binding, provided that the United Nations Convention on Contracts for the International Sale of Goods is excluded.

§ 10 Additional arrangements, severability

  1. Additional arrangements, supplements and amendments to this contract shall be made in writing.
  2. If one provision or its part in this contract could be or become invalid, the validity of the contract in the remaining points shall become unchanged. Appropriate regulations should be introduced as a replacement for the invalid provision, which would be as close as possible to the intentions of the parties at the moment of conclusion of this contract.

§ 11 Final notes

To sum up, the subject of the concluded VIP-Client contract shall be as follows:

  • The VIP-Client shall assume the distribution of the products of the company VIANESSE.
  • the company VIANESSE shall release the VIP-Client from the claims of third parties concerning the quality of products
  • the company VIANESSE shall also release the VIP-Client from any claims of third parties concerning the advertisement of products.
  • the VIP-Client shall not be obliged to order or receive a specified amount of goods.

Stand: 20.05.2026