Policies and Procedures
1.0 MISSION / VISION / VALUES
1.1 Mission At Sisel International, our name describes our mission. “SISEL” is an acronym standing for Science, Innovation, Success, Energy & Longevity. Drawing upon the latest research and technology, Sisel seeks to explore the true nature of health and wellness and to provide alternative nutritional, personal care and cosmetics products designed to help people live healthier lives. Sisel dedicates its unrelenting research in emerging life sciences to its customers who, through its unique distribution model, bring its innovative products and message to the world.
1.2 VISION Sisel embraces a future in nutrition and personal care that puts the human body first. Sisel uses Science and Innovation to promote lives infused by Energy and Longevity, combined with temporal and personal Success. Sisel seeks to promote the body’s natural ability to sustain itself through proper nutrition, physical exercise, and the elimination of toxic ingredients. Sisel promotes wellness rather than simply responding to sickness.
1.3 VALUES On behalf of all our stakeholders (company, Independent Distributors, business partners and customers), we seek to develop structures where all interests are aligned. We encourage stakeholders to consider the benefit of others and to appropriately temper the single-minded pursuit of individual interests. Sisel seeks to instill a culture of cooperation and collaboration through promoting the disclosure of worldwide best practices while retaining local sensitivity and respect for native cultures. We acknowledge and appreciate the uniqueness of our individual team members and recognize their contributions. We are committed to understanding and satisfying the expectations of our customers, Independent Distributors, and employees. We support a culture that embraces change and encourages innovation, and strive to inform, enlighten, uplift, elevate, motivate, excite and inspire the human spirit. We strive for sustainable growth in harmony with a global environment and we proudly offer to the world Sisel’s solutions for wellness.
2.0 INTRODUCTION
2.1 POLICIES AND PROGRAM INCORPORATED INTO THIS AGREEMENT These Policies and Procedures, in their present form, and as amended at the sole discretion of Sisel International, LLC, Sisel International AG, and its affiliates, (hereafter “Sisel” or the “Company”), represent business practices that are consistent with the best interests of the Company, partners, Independent Distributors and Preferred Customers. Violation of these Policies and Procedures could constitute a breach of a Preferred Customer’s responsibilities under this Agreement. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to the Sisel Preferred Customer Application, its Terms and Conditions, these Policies and Procedures, and any other documents or agreements between Sisel and its Preferred Customers, including any updates that may be made. It is the responsibility of each Preferred Customer to read, understand, adhere to the Agreement, and ensure that he or she is aware of and operate under the most current version of the Agreement. Sisel may have the Agreement or portions thereof translated into different languages, however, the Agreement and the relationship between the parties shall be deemed to be conducted in the English and English shall govern all aspects of the relationship. In the event the Agreement or any portions thereof are translated in another language, the translation is for convenience only and in the case of discrepancies or inconsistencies the English version of the Agreement shall control. If a Preferred Customer does not understand English or choose to not have the Agreement translated into a language he or she understands, such individual should not enroll as a Preferred Customer or they should terminate their Preferred Customer account.
2.2 PURPOSE OF POLICIES Sisel is a direct sales company that markets products through Independent Distributors. To clearly define the relationship that exists between Independent Distributors, Preferred Customers and Sisel, and to set a standard for acceptable business conduct, Sisel has established the Agreement between the parties. Sisel is a global company, and laws governing business relationships vary from country to country. Whenever possible, Sisel attempts to achieve uniformity in how it does business across the globe. However, where local law requires changes or exceptions, those changes or exceptions are outlined in a country-specific addendum or country-specific Policies and Procedures. If you purchase products in a country requiring local changes, your Agreement with Sisel may be modified as necessary. At times, Country addendums are included as part of these Policies and Procedures. Preferred Customer are required to comply with all the terms of the Agreement as a condition of doing business with the Company. To protect Sisel’s good name and reputation, Sisel also requires that Preferred Customer abide by all federal, state, provincial, territorial and local laws, ordinances, regulations governing their relationship with Sisel. Preferred Customer are not employees of Sisel, but rather, customers, consumers, or purchasers. Terms that have specific definitions are capitalized and a definition can be found at the end of these Policies and Procedures. Chapter or section heading are also provided for convenience but shall not limit or otherwise alter the terms of the Agreement. These Policies and Procedures are designed to outline the terms, conditions and policies between Sisel and Preferred Customer. If a topic is not sufficiently covered by these Policies and Procedures, or if there is a discrepancy between these Policies and Procedures and the Policies and Procedures for Distributors, the Policies and Procedures for Distributors shall control. These Policies and Procedures also outline protection of Sisel intellectual property rights (including use of Trademarks and other marketing assets and intangibles).
2.3 CHANGES TO THE AGREEMENT Federal, state, provincial, territorial and local laws, ordinances, rules, regulations and practices are always changing. Sisel reserves the right to amend the Agreement, its practices, and its prices at its sole and absolute discretion. By signing or electronically agreeing to the Agreement, or continuing to purchase product as a Preferred Customer, a Preferred Customer agrees to abide by all amendments or modifications that Sisel elects to make. Amendments shall be effective upon notice to Preferred Customers that the Agreement has been modified. Notification of amendments shall be communicated through official Sisel communications by updating the Agreement on the Company’s official website. The continuation of a Preferred Customer’s relationship with Sisel by purchasing product, or acceptance of any discount, offer, incentive or benefit, after the amendment has been made, constitutes affirmative acceptance of such amendments. Changes will be effective thirty (30) days after the changes are first made available on Sisel’s website or by any other method of notice.
2.4 DELAYS Sisel shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, acts of terrorism, curtailment of a party’s source of supply, trade restrictions, import/export restriction, pandemics, or government decrees or orders.
2.5 POLICIES AND PROVISIONS SEVERABLE If any provision of the Agreement, in its current form or as amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement. The parties agree to replace such invalid or unenforceable provision of the Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
2.6 WAIVER The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a Preferred Customer. No failure of Sisel to exercise any right or power under the Agreement, or to insist upon strict compliance by a Preferred Customer with any obligation or provision of the Agreement shall constitute a waiver of such right or power. Similarly, no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Sisel’s right to demand exact compliance with the Agreement. Waiver by Sisel can be affected only in writing by the Chief Executive Officer of the Company. No other employee, agent, representative or individual, regardless of title or apparent authority, may waive, suspend, alter or modify any term or condition of the Agreement. Sisel’s waiver of any particular breach by a Preferred Customer shall not affect or impair Sisel’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Preferred Customer. Any delay or omission by Sisel to exercise any right arising from a breach does not affect or impair Sisel’s rights to enforce its rights as to that or any subsequent breach. The existence of any claim or cause of action of a Preferred Customer against Sisel shall not constitute a defense to Sisel’s enforcement of any term or provision of the Agreement.
2.7 LIMITATION OF LIABILITY To the fullest extent permitted by law, Sisel and its affiliates, officers, directors, managing members, employees and other representatives shall not be liable for, and the Preferred Customer hereby releases the foregoing from, and waive any claim for loss of profit, incidental, special, consequential or exemplary damages which may arise out of any claim whatsoever relating to the Company’s performance, non-performance, act or omission with respect to the business relationship or other matters between any Preferred Customer and the Company, whether sounding in contract, tort, implied obligation or strict liability. Furthermore, it is agreed that any damages to a Preferred Customer shall not exceed and is hereby expressly limited to the amount of unused Company products owned by the Preferred Customer.
3.0 BECOMING A PREFERRED CUSTOMER
3.1 REQUIREMENTS TO BECOME A PREFERRED CUSTOMER To become a Sisel Preferred Customer, eachapplicant must:
a) Be of the legal age of majority in his or her country, state, or province or jurisdiction of residence;
b) Reside in a country in which Sisel sell, offer or promote products;
c) Submit a properly completed and signed Preferred Customer Application and Agreement to Sisel which is accepted by Sisel. Applicants are not to circumvent these policies by using an alias, a family member or friend’s name, a fictitious name or identification number or other deceptive means of identification. If the applicant does not designate a sponsor during enrollment, the applicant authorizes Sisel to provide his or her contact information to an Independent Distributor who will be designated as his or her sponsor;
d) Agree that the Company, sponsor and upline may contact the Preferred Customer using the telephone number(s), fax number(s), and/or email address(es) listed on the application or as updated, and that Sisel or a party acting on its behalf (i.e. a third party) may contact the Preferred Customer using automated technology including automated text messages or email (e.g., an autoresponder, auto-dialer or prerecorded message) even if carrier or message rates apply;
e) payment of an enrollment fee, currently $24.99 USD, which includes a free Distributor Kit.
The Company reserves the right to reject any applications for a new Distributor or applications for renewal (including automatic renewals described in Section 3.5 below) and the right in its sole discretion to terminate any Distributorship established in violation of these conditions.
a) Be of the legal age of majority in his or her country, state, or province or jurisdiction of residence;
b) Reside in a country in which Sisel sell, offer or promote products;
c) Submit a properly completed and signed Preferred Customer Application and Agreement to Sisel which is accepted by Sisel. Applicants are not to circumvent these policies by using an alias, a family member or friend’s name, a fictitious name or identification number or other deceptive means of identification. If the applicant does not designate a sponsor during enrollment, the applicant authorizes Sisel to provide his or her contact information to an Independent Distributor who will be designated as his or her sponsor;
d) Agree that the Company, sponsor and upline may contact the Preferred Customer using the telephone number(s), fax number(s), and/or email address(es) listed on the application or as updated, and that Sisel or a party acting on its behalf (i.e. a third party) may contact the Preferred Customer using automated technology including automated text messages or email (e.g., an autoresponder, auto-dialer or prerecorded message) even if carrier or message rates apply;
e) Agree that Sisel or a party acting on its behalf may collect, transfer and maintain personal data including name, birth date, gender, address, mailing address, phone and fax numbers, sales data, banking information and orders, both to the United States and within the United States, to create and manage an account, and to allow fulfill orders, and that such information may be corrected, and opting out of using the information will result in terminating the account.
The Company reserves the right to reject any applications for a new Preferred Customer and the right in its sole discretion to terminate any Preferred Customer account established in violation of these conditions.
3.2 PREFERRED CUSTOMER BENEFITS Once a Preferred Customer Application and Agreement has been accepted by Sisel, which it may reject in its sole discretion, the full benefits of the Preferred Customer Agreement are then available.
These benefits include the right to:
a) Purchase Sisel products and Preferred Customer rates;
b) Participate in auto-shipment of Sisel’s products ;
c) Be eligible for other discounts or promotions made available to Preferred Customers by Sisel;
d) Receive periodic Sisel literature and other Sisel communications, including via text messages (message rates may apply); and
e) Participate in Sisel-sponsored support or service, functions (additional charges may apply)(3.4).
3.3 RENEWAL OF YOUR SISEL PREFERRED CUSTOMER ACCOUNT The term of the Preferred Customer Agreement is one year from the date of its acceptance by Sisel. Preferred Customers must renew their Preferred Customer Agreement each year by making at least one product purchase each year. If a purchase is not made within a 12-month period, the then current term of the Preferred Customer Agreement will be canceled. By renewing their Preferred Customer Agreement, the Preferred Customer agrees to, and does re-affirm, his or her commitment to the then current Agreement including Sisel’s Terms and Conditions, Policies and Procedures and other obligations. (3.5).
4.0 OPERATIONS
4.1 GENERAL Sisel Preferred Customers must avoid all discourteous, deceptive, misleading, unethical, unauthorized or dishonest conduct or practices. Preferred Customer are not allowed to use Sisel trademarks, brands, business models, and other intellectual property content without permission. The Sisel name is trademarked and can only be used with the express written consent of Sisel. Preferred Customers who violate any Company intellectual property rights, or otherwise engage in any unlawful, misleading or improper activity may subject themselves to Company sanctions or discipline (described more fully in Section 7.1 below).
Preferred Customers may not use or attempt to register any of Sisel’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, or in conjunction with country identifiers for any Internet domain name. Similarly, Preferred Customer may not incorporate or attempt to incorporate any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address, Facebook, Instagram, YouTube, Twitter, Snapchat usernames, ID’s addresses, web aliases, profiles, or in other online or social media names or identifiers now in existence or later developed. Distributor agrees upon request to immediately transfer and assign to the Company any registration of Company’s names, trademarks or service marks, including domain names reserved or registered at no charge in violation of this policy. This obligation shall survive the termination of this Agreement.
Any Preferred Customer, or agent thereof, who registers or acquires a domain utilizing Sisel’s name or derivation thereof (misspellings, country identifiers, etc.), or registers any domain utilizing a Sisel product name or intended product name, shall be deemed to have registered such domain in bad faith, with no legitimate right or interest other than for the purpose of creating an identical or confusingly similar domain to a name or mark used by Sisel. Preferred Customers who register or acquire any such domain agree to transfer and assign all rights and interest in the domain(s) to Sisel at no cost, and Sisel shall have the right but not the obligation to acquire and/or use such domains. In the event a Preferred Customer does not transfer a domain to Sisel upon request, then such Preferred Customer agrees to pay Sisel a liquidated damage in the amount of the filing fee under the Uniform Dispute Resolution Procedure of the WIPO. Refusal to transfer such domain(s) to Sisel upon request shall be deemed further proof that the purpose and intent in acquiring such domains, is to create an identical or confusingly similar domain, in bad faith, and with no legitimate right or interest. (4.1-4.26)
4.2 FALSE BUYING PROHIBITED False buying is strictly prohibited. “False Buying” includes the fraudulent enrollment of an individual or entity as a Preferred Customer (including enrolling of minors or those without the capacity to enter into legally binding contracts) and the enrollment or attempted enrollment of non-existent individuals or entities as a Preferred Customers (“phantoms”). Similarly, False Buying also includes use of the credit card by or on behalf of another Preferred Customer without permission. (4.3)
4.3 BUSINESS ENTITIES A corporation, limited liability company (LLC), partnership, trust or other legal entity recognized in your region or area (collectively referred to in this section as a “Business Entity”) may apply to be a Sisel Preferred Customer by submitting its Certificate of Incorporation, Certificate of Organization, Partnership Agreement or similar documents (these documents are collectively referred to as the “Entity Documents”) to Sisel, along with a properly completed Statement of Beneficial Interest Form. If a Preferred Customer enrolls online, the Entity Documents and Statement of Beneficial Interest Form must be submitted to Sisel within 30 days of the online enrollment. If the documents are not received within the 30-day period, the Distributor Agreement will be terminated. Preferred Customers are obligated to keep their business entity current and legally active and must notify Sisel if the business entity becomes suspended, disqualified, cancelled or terminated.
The Statement of Beneficial Interest Form must be signed by all of the shareholders, members, partners or trustees. Members or owners of the entity act as personal guarantors of the Business Entity in relation to Sisel and are signing in their capacity as individuals and are thus jointly and severally liable for any indebtedness or other obligation or liability to Sisel. (4.4)
4.4 CHANGES TO A SISEL PREFERRED CUSTOMER ACCOUNT
4.4.1 GENERAL Each Preferred Customers must immediately notify Sisel of all changes to the information contained on his or her Preferred Customers Application and Agreement, including changes in their business entity status. (4.5)
4.4.2 CHANGE OF SPONSOR To protect the integrity of all marketing organizations and safeguard the hard work of Distributors, Sisel strongly discourages changes in sponsorship. Accordingly, the transfer of a Sisel distributorship from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing for review by the Sisel Compliance Department and must include the reason for the transfer. Transfers will only be considered in the following two (2) circumstances:
1) In cases involving fraudulent inducement or unethical sponsoring a Preferred Customer may request that he or she be transferred to another organization. All transfer requests alleging fraudulent enrollment practices shall be evaluated on a case-by-case basis.
2) The Preferred Customer seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of all parties whose income will be affected by the transfer. Photocopied or facsimile signatures may require further verification. All Distributor signatures must be authenticated. The Preferred Customer who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. Transferring Preferred Customers must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by Sisel for processing and verifying change requests. (4.5.3)
4.4.3 CANCELLATION AND RE-APPLICATION A Preferred Customer may legitimately change organizations (sponsor) by voluntarily canceling his or her account and remaining inactive (i.e., no purchases of Sisel products) for six (6) full calendar months. Following the six-month period of inactivity, the former Preferred Customer may reapply under a new sponsor. In cases where Preferred Customer has not made an order for six months or have allowed their account to expire for inactivity does not automatically qualify as remaining inactive for purposes of cancelling and re-applying, and such Preferred Customers must similarly wait a six-month period before re-applying. (4.5.4)
4.4 UNAUTHORIZED CLAIMS AND ACTIONS. A Preferred Customers is fully responsible for all his or her verbal and written statements made expressly or implicitly regarding Sisel products. If a Preferred Customer makes a claim or statement that is not reflected in official Company materials, including repeating something heard from someone else (even Sisel management), the Preferred Customer accepts full responsibility for those statements or claims. Preferred Customer agree to indemnify Sisel and Sisel’s directors, officers, employees and agents, and hold them harmless from any and all liability including judgments, civil penalties, claims, refunds, attorney fees, court costs or lost business incurred by Sisel as a result of the Preferred Customer’s unauthorized statements, representations or actions. These provisions shall survive the cancellation or termination of the Preferred Customer Agreement. (4.6.1)
4.5 GOVERNMENTAL AND THIRD-PARTY APPROVAL OR ENDORSEMENT Federal, state, local, regional or other governmental offices and regulatory agencies usually do not approve or endorse any direct selling or network marketing companies or programs. Therefore, Preferred Customers shall not represent or imply that Sisel or its products have been “approved,” “endorsed,” “reviewed” or otherwise authorized by any government agency. Similarly, third-party endorsements, approvals or certificates are not to be used or referenced unless approved in writing by Sisel. In the event approvals or endorsements are authorized by Sisel, Distributors are obligated to ensure that approvals or certificates are current and have not expired or are no longer valid.(4.14)
4.6 IDENTIFICATION Upon enrollment, the Company will provide a unique Identification Number to the Preferred Customer by which he or she will be identified. This number will be used to place orders, and track shipments.(4.16)
4.7 INDEPENDENT STATUS Preferred Customers are independent of Sisel and are not purchasers of a franchise or a business opportunity. The Agreement between Sisel and its Preferred Customers does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Preferred Customer, and Preferred Customers should not state or imply anything to the contrary either orally or in writing. A Preferred Customer has no authority (expressed or implied), to bind the Company to any obligation. (4.18)
4.8 Compliance with National, Federal, State, Provincial and Local Laws Preferred Customers agree to comply with all applicable laws, ordinances, rules and regulations in the purchase of product from Sisel. (4.21.2)
4.9 MINORS AND INCAPACITY A person who is recognized as a minor in his or her country, state or province of residence, or as a person lacking the mental or physical capacity to become legally responsible for their actions may not be a Sisel Preferred Customer. (4.22)
4.10 Actions of household Members If any member of a Preferred Customer’s Immediate Household engages in any activity which, if performed by the Preferred Customer, would violate any provision of the Agreement, such activity will be deemed a violation by the Preferred Customer and Sisel may take disciplinary action pursuant to these Policies and Procedures against the Preferred Customer. (4.23.1)
4.11 RE-PACKAGING AND RE-LABELING PROHIBITED Preferred Customers may not re-package, re-label, refill or alter the labels on any Sisel products, information, materials or programs in any way. Re-labeling or repackaging would likely violate national, federal, state or provincial laws, and could result in severe criminal penalties. Preferred Customers should also be aware that they will be fully responsible for any civil or even criminal liability when, because of the repackaging or re-labeling of products, a person using the products suffer any type of injury or their property is damaged. (4.24)
4.12 REQUESTS FOR RECORDS Any request from a Preferred Customer for copies of duplicate invoices, shipping information, or other records may require a fee of $1.00 USD per page depending upon the quantity requested. This fee covers the expense of mailing and time required to research files and make copies of the records. Preferred Customers may also need to verify why they are requesting a printed record. (4.25)
4.13 SPONSORING All active Distributors in good standing have the right to sponsor Preferred Customers. Each prospective Preferred Customer has the ultimate right to choose his or her own Sponsor. If two Distributors claim to be the Sponsor of the same new Preferred Customer, the Company shall regard the first application received by the Company as controlling, unless the new Preferred Customer certifies in writing within 30 days that the first application was submitted in error or contained material errors. (4.29)
4.14 SUCCESSION Upon the death or adjudicated mental incapacitation of a Preferred Customer, the Sisel Preferred Customer account will terminate. (4.31)
4.15 GENERAL RELEASE: PHOTO, AUDIO, VIDEO, ETC. As part of the Agreement, each Preferred Customer does voluntarily consent and grant Sisel the unconditional permission to use a Preferred Customer’s name, likeness, image, on film, slides, photographs, video, audio or other media now known or later developed, for promoting and marketing purposes. This permission includes the perpetual worldwide right to advertise, promote, use, broadcast, and rebroadcast in whole or in part such images, video, audio and likeness, and the Preferred Customer will receive no compensation or payment for granting this right. By submitting photographs, video or audio, or the acquisition of such individually or in conjunction with any Company promotion or event, such content becomes the property of Sisel and Sisel can edit, use and publish any such content without Preferred Customer’s inspection or approval prior to use. This provision survives the termination of this Agreement. If a Preferred Customer has a moral, religious or other objection to having their picture taken or appearing in video, such Preferred Customers need to notify Sisel’s staff at any event where photographs or videos are being taken or not submit any images to Sisel. (4.33)
5.0 RESPONSIBILITIES OF PREFERRED CUSTOMERS
5.1 CHANGE OF ADDRESS, TELEPHONE OR EMAIL To ensure timely delivery of products, it is critical that Sisel’s files are current and accurate. Street addresses are required for shipping since package delivery service companies cannot deliver to Post Office Boxes. Preferred Customers planning to move should send their new address and telephone numbers to Sisel’s corporate offices to the attention of the Customer Services Department prior to the move. To ensure proper delivery, two weeks’ advance notice must be provided to Sisel on all changes. Sisel is not responsible for mislabeled or undeliverable product if a Preferred Customer has not provided sufficient advanced notice. Similarly, it is requested that Preferred Customers keep their telephone number and email address current with Customer Service. When providing a telephone number and/or email address to Sisel, Preferred Customers are encouraged to opt-in to receiving electronic communications from Sisel which may include promotional messages. Though important communication may be distributed by email or text messages, Preferred Customers are not required to accept electronic communications. Preferred Customers that opt-in to receive electronic communications may also opt-out any time by changing their account preference or by contacting Customer Service. Carrier data rates may apply when receiving text messages. Preferred Customers that fail to keep their records current are responsible for any miscommunications resulting thereby and may be charged an administrative fee associated with correcting errors.
5.2 NON-DISPARAGEMENT While Sisel welcomes constructive input, negative comments and disparaging remarks made by Preferred Customers about the Company or its products serve no purpose other than to sour enthusiasm. For this reason, Preferred Customers are not to disparage, demean or make negative remarks about Sisel its products, or Sisel’s officers, or employees to other or online. If Preferred Customers have legitimate concerns or comments, such input should be directed to Sisel’s corporate office and not to other Preferred Customer or on social media. (5.3)
5.3 CONFIDENTIAL INFORMATION Preferred Customers may gain access to confidential information of Sisel. Each Preferred Customer agrees to not disclose any such confidential or proprietary information to any third party, directly or indirectly, or use the information negatively against Sisel or for any other purpose except as expressly authorized. This provision shall survive the termination or expiration of this Agreement. Disclosure or misuse of any proprietary or confidential information may result in disciplinary action including termination of the Preferred Customer’s account, and Preferred Customers may be personally liable for any misuse or disclosure of any such confidential information. (5.6)
6.0 PRODUCT GUARANTEES, RETURNS, ETC.
6.1 PRODUCT GUARANTEE Sisel offers a 30-day, money-back guarantee (less shipping and 10% restocking fee) to all Preferred Customers, for all products that are unexpired and in resalable condition. Certain limitations may apply to the 30-day money-back guarantee. (8.1)
6.2 PROCEDURES FOR ALL PRODUCT RETURNS The following procedures apply to all returns for refund, repurchase or exchange: a) all merchandise must be returned by the Preferred Customer who purchased it from Sisel; b) the product must be in its original container; and c) the product is properly packaged and shipping is paid for by the Preferred Customer. Preferred Customers are responsible for all product lost or damaged during shipping. All returns must be shipped to Sisel shipping pre-paid and Sisel does not accept shipping-collect packages. If returned product is not received by the Company, it is the responsibility of the Preferred Customer to trace the shipment. (8.3)
6.3 DAMAGED PRODUCT RETURN POLICY Product should not be used if tamper-evident seal is broken or tampered with in any way, or if it appears compromised. Product that is damaged in shipping should be refused at the time of delivery. If a Preferred Customer is unable to return damaged product to the shipping company, the Preferred Customer should notify Sisel’s Customer Service immediately (within 10 days) and request a Return Merchandize Authorization number. For product that is shipped incorrectly due to Company error, please notify Sisel Customer Service immediately (within 10 days) and ask for a Return Merchandize Authorization number and Sisel will, whenever possible, replace or exchange damaged or mis shipped product with new product. When an exchange is not feasible, Sisel will refund the amount of the returned product less shipping and 10% restocking fee unless the return is due to incorrect shipping or other error by Sisel. No refund or replacement of product will be made if each of these conditions are not met. (8.4)
7.0 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
7.1 DISCIPLINARY SANCTIONS Violation of the Agreement, these Policies and Procedures, or any form of illegal, fraudulent, deceptive or unethical conduct by a Preferred Customer may result, at Sisel’s discretion, in one or more of the following corrective measures:
a) issuance of a written warning or admonition;
b) requiring the Preferred Customer to take immediate corrective measures;
f) temporary hold or suspension of the Preferred Customer’s ability to purchase product;
g) involuntary termination of the Preferred Customer’s Agreement;
h) Any other measure expressly allowed within any provision of the Agreement or which Sisel deems practicable to implement and appropriate to equitably resolve injuries caused by the Preferred Customer’s policy violation or contractual breach. In situations deemed appropriate by Sisel, the Company may institute legal proceedings for monetary and/or equitable relief, regulatory compliance or for remedial purposes. This Agreement is intended to protect Preferred Customers and the Company. Preferred Customers who intentionally circumvent this Agreement to accomplish indirectly that which they could not do directly, will be subject to the same discipline as if the policy had been directly violated. These policies and procedures are not intended to give, and do not give, Preferred Customers the right to enforce the policies against another Preferred Customer directly. (9.1)
7.2 GRIEVANCES AND COMPLAINTS When a Preferred Customer has a grievance or complaint with a Distributor or Preferred Customer regarding any practice or conduct, the complaining Preferred Customer should report the problem in writing to the Compliance Department along with supporting information and documentation. The Compliance Department will review the facts and attempt to resolve the grievance or complaint. (9.2)
7.3 ARBITRATION Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All matters relating to this Agreement shall be conducted in the English language. Preferred Customers waive all rights to trial by jury or to any court or judicial action, and any claim can only be brought on an individual basis with no right or authority for any dispute, claim, question or disagreement to be arbitrated or adjudicated as a class action, or any kind of representative action. Claims arising in the United States under Sisel International, LLC, shall be held in Provo, Utah and Preferred Customers specifically agree to not dispute the venue. All arbitration arising under Sisel International AG shall be held in Zurich, Switzerland and Preferred Customers specifically agree to not dispute the venue. All parties shall be entitled to all discovery rights pursuant to the Commercial Arbitration Rules of the American Arbitration Association if in Utah or Swiss Rules of International Arbitration of the Swiss Arbitration Center if in Zurich, respectively. There shall be one arbitrator, an attorney-at-law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, as approved by both parties. The prevailing party shall not be entitled to receive from the losing party, costs and expenses of arbitration, including legal and filing fees, and each party agree to bear their own fees and costs. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent Sisel from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Sisel’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. Similarly, as an exception to the arbitration requirement, Sisel may bring any claim or action against a Preferred Customer for copyright, trademark or other intellectual property right violation in an appropriate court situated in Utah, with the governing law, venue and jurisdiction being the State of Utah. (9.4)
7.4 GOVERNING LAW, JURISDICTION AND VENUE Jurisdiction and venue of any matter with Sisel International, LLC not subject to arbitration shall reside in federal court in Salt Lake County, or any state court in Utah County, State of Utah, unless the laws of the state in which a Preferred Customer resides expressly require a different jurisdiction and venue. The parties agree that the Agreement is deemed to have been entered into in Utah County, Utah, and the laws of the State of Utah of the United States shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Preferred Customer resides expressly require the application of its laws. (US Only) Notwithstanding the foregoing, residents of Louisiana may bring an action in arbitration on an individual basis against Sisel with the jurisdiction and venue as provided by Louisiana law. Jurisdiction and venue of any matter with Sisel International AG not subject to arbitration shall be governed by and construed in accordance with the laws of Switzerland, excluding all conflicts of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any suit brought hereon must be brought in a competent court in Sarnen, Nidwalden, Switzerland, at the seat of Sisel International AG, unless the laws of the state or country in which a Preferred Customer resides expressly require a different jurisdiction and venue. The parties agree that the Agreement with Sisel International AG is deemed to have been entered into in Sarnen, Nidwalden, Switzerland, and the laws of Switzerland shall govern all other matters relating to or arising from the Agreement, unless the laws of the state or country in which a Preferred Customer resides expressly require the application of its laws. (9.5)
7.5 TIME LIMITATION ON CLAIMS Sisel will not review any alleged violation of the terms and conditions of the Agreement not brought to its attention within one year from the date of the alleged violation. Failure to report a violation within the one-year period will result in Sisel not pursuing the allegations to prevent stale claims. All reports of violations must be in writing and sent to the attention of Sisel’s Compliance Department. Similarly, Preferred Customers agree that, notwithstanding any statute of limitation to the contrary, any claim or action a Preferred Customer may wish to bring against Sisel or any of its affiliates for any act or omission relating to the Agreement must be commenced within one (1) year from the date of the alleged act or omission giving rise to the claim or cause of action. Failure to bring such action within the permitted one-year time, whether known or unknown, shall act as a bar against all claims against Sisel for such act or omission. Preferred Customers waive any and all claims or rights to have any other statute of limitation apply. (9.6)
8 ORDERING AND SHIPPING
8.1 PREFERRED CUSTOMERS Preferred Customers can call Sisel’s Customer Service number or go online to the Sisel website or the replicated website of a Sisel Distributor to place their orders. Sisel will send the ordered products directly to the Preferred Customer. In addition, a Preferred Customer may sign up to have a pre-selected package of Sisel products delivered to his or her home automatically each month (the Automatic Purchase Program). (10.1)
8.2 GENERAL ORDER POLICIES On mail orders with invalid or incorrect payment, Sisel may attempt to contact the Preferred Customer by phone, and/or mail or email to try to obtain another payment. If these attempts are unsuccessful after five (5) business days, the order will be returned unprocessed. No C.O.D. orders will be accepted. Sisel maintains no minimum order requirements. (10.3)
8.3 SHIPPING AND BACK ORDER POLICY Sisel will normally ship products within seven (7) days from the date on which it receives an order. Sisel will expeditiously ship any part of an order currently in stock. Once product has been shipped, if the shipment is rejected the Preferred Customer will be charged the entire shipping charge, including the return shipping charge. A rejected shipment is still subject to a restock fee identified in Section 6. If an ordered item is out-of-stock, it will be placed on back order. For US shipments, back ordered items will ship when the item is back in stock, or Preferred Customers may request a refund, credit on account, or replacement merchandise for back ordered items. For international shipments, back ordered items will be cancelled and the Preferred Customer’s account credited. (10.4)
8.4 CONFIRMATION OF ORDER A Preferred Customer and/or recipient of an order must confirm that the product received matches the product listed on the shipping invoice and is free of damage. Failure to notify Sisel of any shipping discrepancy or damage within ten (10) days of shipment will cancel a Preferred Customer’s right to request a correction. (10.5)
9 PAYMENTS
9.1 INSUFFICIENT FUNDS It is the responsibility of each Preferred Customer participating in the Automatic Purchase Program (auto-ship) to ensure that there are sufficient funds or credit available in his or her account to cover the monthly Automatic Purchase order. Sisel may but is not obligated to contact Preferred Customers about Automatic Purchase orders canceled due to insufficient funds or lack of credit. (11.2)
9.2 RETURNED CHECKS AND CHARGEBACKS All checks returned by a Preferred Customer’s bank for insufficient funds will be re-submitted for payment. A $25.00 USD returned check fee will be charged to the account of the Preferred Customer. After receiving a returned check from a Preferred Customer, the returned check fee must be paid before future orders can be place, and all future orders must be paid by Credit Card. Under no circumstance will any Preferred Customer chargeback any credit card purchase. Preferred Customers are required to return applicable products under the Company’s product return policies rather than doing a credit card chargeback. If a Preferred Customer initiates as chargeback rather than follow Sisel’s return policy, he or she may be subject to discipline as outlined in Section 7. (11.3)
9.3 RESTRICTIONS ON THIRD PARTY USE OF CREDIT CARDS AND CHECKING ACCOUNT ACCESS Preferred Customers are not to permit other Preferred Customers to use his or her credit card, or permit debits to their checking accounts, to make purchases from the Company. Preferred Customers shall not place a product order using someone else’s credit card without the credit card owner’s prior written permission. In those limited circumstances where it may be necessary to purchase product for another Preferred Customer, Sisel must receive written permission from the Preferred Customer for whom the product order is being placed. Failure to produce such written permission upon request of the Company may result in cancellation of the sale, forfeiture of commissions resulting from the sale, and other disciplinary action. (11.4)
9.5 SALES TAXES By its business operations, Sisel is required to charge sales taxes on all purchases made by Preferred Customers and remit the taxes charged to the respective governing authority. Accordingly, Sisel will collect and remit sales taxes on behalf of Preferred Customers based on the retail price of the products according to applicable tax rates in the country, state, region or province to which the shipment is destined. Applicable sales taxes will be charged on orders that are drop-shipped to another location. Please note that the taxability of products and sales tax rates may differ by country, state, region and province. Additionally, an increasing number of local taxes (county and city) are being initiated in various jurisdictions. (11.5)
10 INACTIVITY AND CANCELLATION
10.1 EFFECT OF CANCELLATION So long as a Preferred Customer remains active and complies with the terms of the Agreement including these Policies and Procedures, the Preferred Customer’s account shall remain active. Upon cancellation or termination of the Preferred Customer’s account, the Preferred Customer shall no longer have the option to purchase product at Preferred Customer pricing. (12.1)
10.2 CANCELLATION DUE TO INACTIVITY If a Preferred Customer does not have at least one product order within a consecutive six-month period, the account shall be deemed inactive. If a Preferred Customer does not have at least one order within a consecutive twelve-month period, the account may be cancelled due to inactivity. Sisel will not send the Preferred Customer written notice of account cancellation. A Preferred Customer who allows his or her account to become inactive must remain inactive for six (6) full calendar months from the inactivity date before he or she can apply for a new Preferred Customer account. Mere inactivity is not the same as cancellation for re-application purposes under Section 4.4.3 (12.2)
10.3 INVOLUNTARY CANCELLATION A Preferred Customer’s violation of any of the terms of the Agreement, including any amendments, may result in any of the discipline listed in Section 7.1, including the involuntary termination or cancellation of his or her Preferred Customer account. Preferred Customers may also be involuntarily terminated for filing a petition in bankruptcy, committing any act of dishonesty, being convicted of a felony or other criminal misconduct relevant to the Agreement, or failing or refusing to perform any obligation created by the Agreement. (12.3)
10.4 VOLUNTARY CANCELLATION A Preferred Customer has a right to cancel their relationship with Sisel at any time, regardless of reason. Cancellation can be made by calling customer Service, by email or in writing to the Company at its principal business address. The notice must include the Preferred Customer’s name, signature (if applicable), address, and Preferred Customer I.D. Number. Please allow ten (10) business days from the date of receipt until the Preferred Customer account is cancelled. A Preferred Customer who voluntarily cancels must remain inactive for six (6) full calendar months before he or she can reapply for a new Preferred Customer account. (12.4)
11 DEFINITIONS
Agreement – The contract between the Company and each Preferred Customer includes the Preferred Customer Application and its Terms and Conditions, the Sisel Policies and Procedures, all in their current form and as amended by Sisel in its sole discretion. These documents are collectively referred to as the “Agreement.”
Notice - Unless otherwise provided in the Agreement, any notice or other communications requested or permitted to be given under the Agreement shall be in writing and shall be delivered personally, or sent by first class, certified (or registered) or express mail. Notices shall be deemed given when delivered personally or if mailed, five days after the date of mailing. As it is a Preferred Customer’s obligation to keep his or her contact information current, notice will be deemed given when sent to the mailing address or contact information of the Preferred Customer on file.
Official Sisel Material – Literature, audio or video tapes, and other materials developed, printed, published and distributed by Sisel.
Preferred Customer – A customer who has executed a Sisel Preferred Customer Agreement, (See Section 8.1 above), and who uses the products for personal consumption but does not develop a downline distributor organization and is not eligible to receive commissions.
Resalable – Products and sales aids shall be deemed “resalable” if each of the following elements are satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) the product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) the product expiration date is not less than six months away; and 5) the product contains current Sisel labeling. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued or as a seasonal item, shall not be resalable.
Sponsor – A Distributor who enrolls a Preferred Customer or another Distributor into the Company and is listed as the Sponsor on the Preferred Customer Application and Agreement.
© 2007, 2010, 2015-2025 Sisel International, LLC., & Sisel International AG, all rights reserved. REVISED 1 December 2025
