It is specified beforehand
that the present conditions govern the
sales, by Kadima Inc, on the 1000club.com
web site of services and products. These
conditions apply than all other conditions.
Kadima Inc, hereafter called the "1000Club",
is a direct providers of services on
Internet. All the informations on the
products and services suggested by the
1000Club (description of the services, goods,
indication of the prices, delivery, etc.)
and juridically flexible stipulations or
declarations (general conditions of adhesion,
charter of quality and ethics) are specified
on Internet at the address www.1000club.com.
This information, in their present version,
constitute the base of all the contracts
concluded between the Member and the
1000Club on products and services reserved
to the Active Members (Diamonds and/or Vip)
and to the Passive Members.
I - Contract of services and/or acquisition
Acceptance by the 1000Club of a new
Member is done by the delivery by the
1000Club via an electronic mail of a
login and a password of Member. This
acceptance offers advantages to the
member who, in the other hand, commits
himself respecting the present ones and
future general conditions of adhesion.
Any violation of the General Conditions
of Adhesion, just as those of the
Charter of Quality & Ethics and the
affiliation contract of Independent
Business Partners, that you accept
yourselves while becoming member and
also an Independent Business Partner (hereafter
called "IBP") of the 1000Club
International, can have for consequence,
on free and non contradictory decision
of the 1000Club, without any possibilty
against it ...
(a) the exclusion of the 1000Club ;
(b) cancellation of this contract with
immediate loss of the advantages
reserved to the Members and IBP without
compensation nor damages (the
consequence will be also the exclusion
as IBP) ;
(c) any other sanction freely considered
relevant by the 1000Club.
The 1000Club provides to the Members : tools, strategies and services of communication without being able to guarantee the results. Results for Members depend of the use they do of the tools, strategies and services provided to them. Members have to contact themselves other Members.
The 1000Club uses video to promote Members on CD, DVD or any other digital support, as well as on Internet with Web 2.0. Sometimes, the 1000Club can ask for a financial compensation for this promotional service which is not included in the due (membership).
In the event of adhesion to the 1000Club as an Active Member (diamonds or vip) or a Passive Member, the Member GIVES, GRACEFULLY AND WITHOUT ANY FINANCIAL OR DIFFERENT COUNTERPART, THE RIGHTS CONCERNING THE USE OF HIS IMAGE AS WELL AS OF HIS ARTISTIC CREATIONS OR OTHERS IN NONADVERTISING REPRODUCTION AND, MORE PRECISELY, FOR ANY PUBLICITY WITHOUT PURCHASE OF ADVERTISING SPACE INCLUDING ANY PROMOTION OF THE 1000Club (CD MARKETING, DVD, ETC, ON INTERNET, AIMING TO THE PROMOTION OF the 1000Club). The Member commits himself to do not prohibit the publication of a photograph or the diffusion or the marketing of a video of his person or his creations, nor not to claim any financial compensation or remuneration for this publication, diffusion or marketing, even in the event of nonrenewal of his adhesion or radiation/exclusion of the 1000Club. Its participation in a public or private event implies a behavior which it estimates worthy to be published. The Members understand and accept that the 1000Club uses Web 2.0 technologies, strategies and tools to massively communicate the information about the Members and/or of the 1000Club. It is included in the services brought to the Members (upon free decision of the 1000Club) who has to notify in written form only, before publication, the need for confidentiality of an information. Once information is disseminated publicly by the 1000Club, it is not any more possible to remove or retrogress it.
The Member avoids communicating to whoever his access codes of Member to the services reserved to the Members.
The 1000Club cannot be held for person in charge for the possible consequences of the intrigues of the Members of the 1000Club between them. It is up to the Members to be informed as a preliminary (in particular thanks to the messages left in the Forums) and to take any measurement necessary to protect itself with respect to the other Members : whether it is in the business connections or private basis.
The purpose of the Charter of Quality & Ethics is to point out the rules of behavior of the Members between them. It is an objective to be reached. The 1000Club cannot guarantee that all the Members without exception respects it.
Thanks to the Charter of Quality & Ethics, the 1000Club brings an appreciable protection of the Members insofar as, when that is possible, the Members who will derogate from the Charter of Quality & Ethics will be excluded from the 1000Club.
The exclusion of a Member of the 1000Club (by a decision of the 1000Club) involves the loss of the rights and advantages of the excluded Member, and can give place to no request for financial repair, nor with damages.
The Member of the 1000Club who inserts a photograph, a video or who publishes any text on the site 1000club.com/ is held for only person in charge for their publication. The 1000Club simply places at the disposal of the Members a tool of communication (the 1000club.com web site), but cannot in no case to be held for person in charge for the contents for insertions and publications of the Members, even if it checks each publication.
The 1000Club reserves however the right to refuse freely and without justification any insertion or publication of image or text on the site 1000club.com.
The Members accept that the 1000Club can freely modify any text, image or video published, just as to remove later on (freely and without justification) any information, photograph or video published by themselves on the site 1000club.com.
Each
1000Club member can freely publish on
the Quality & Ethics database all truth
testimony about the business already
done or in a negocation process with a
member, and also about product or
service of a member that he has used
personaly.
The Members accept to autorize the free
publication of all positive or negative
testimonys on them or their products,
services and company, etc, and to give
up any law-suit against the Members who
published testimonys as well as against
the 1000Club which has the right to
accept, modify or erase any testimony
without any justification.
The Member which publishes a negative
testominy against an other Member must
bring the written corresponding proof to
the 1000Club. If not, he might be
excluded as Member by the 1000Club.
The Members agree to never come back on the General Conditions of Adhesion.
The purchaser subscribes to services or acquires goods chosen among the list proposed to the Active Members (Diamonds and/or VIP) of the 1000Club on Internet, at the current price which is indicated there. As well contents this list as the price (issue price) can be the subject of modifications constantly by the 1000Club. The products and services of the list are proposed without engagement and according to the availability of the 1000Club. The extent of the delivery is always determined by the written agreement or, if the order placed by electronic mail to the 1000Club, the confirmation of the agreement by the 1000Club.
The price of subscription and/or acquisition is due as of acceptance of this contract. The price of subscription and/or acquisition for the subscriber or the purchaser is presented like the issue price in euros (except possible participation in the expenses of treatment of the order and delivery). All the orders whatever their origin are payable in euros.
Subscription
and/or order on Internet at the address
www.1000club.com, or by fax to:
+1-302-288-6884 (USA - Delaware), or by
postal mail to the specified address of
the 1000Club. In the event of
subscription or of order by Internet,
while clicking on the button of
Validation at the end of the process of
order, you state to accept the order as
well as the entirety of these General
Conditions of Adhesion : fully and
without reserve. The data recorded by
the 1000Club constitute the proof of the
whole of the transactions passed with
its customers via the site 1000club.com.
The data recorded by the system of
payment constitute the proof of the
financial transactions.
You are the importer of the concerned products. Customs duties or other local taxes or all other rights or taxes are likely to be exigible. These sums have to be paid by the Member. They are not spring of the 1000Club. The responsibility for their declarations and their payments with the authorities of your country falls to the Member. It is thus useful to inform you on this subject near your local authorities.
No payment with temperament is authorized. The property of the objects acquired by the purchaser is transferred only after integral payment of the acquisition price.
The obligation with the integral payment of the price of subscription and/or acquisition is considered filled only when the price of subscription and/or acquisition passed irrevocably on the account indicated by the 1000Club. The subscriber or the purchaser authorizes the 1000Club to consider the possible rights of the subscriber or the purchaser against the 1000Club in calculation of the price to subscription or acquisition which it claims.
The services
are not provided and the goods are
delivered to the address indicated by
the purchaser only after integral
payment of the issue price. The material
risk passes to the purchaser as of
handing-over of the objects to the
conveyor in charge of forwarding. If the
reception of the goods is delayed for
the purchaser ascribable reasons and
that the 1000Club already placed the
goods at the disposal of the reception
in accordance with the stipulations, the
risk passes to the purchaser as of the
availability to stipulated forwarding.
The provided services or the goods is
delivered within the adequate times. The
transport charges of the goods are the
responsibility of the purchaser.
In the event of unavailability of product after making of your order, you will be informed by mall or mail as soon as possible.
In the event of deliverable articles on different dates, the delivery period corresponds to the longest time. The 1000Club however reserves the right to split the deliveries without additional cost for the customer.
Guarantee,
insurance and responsibility
The products and services proposed are
certified in conformity with the
legislation into force.
In the event of delivery abroad, it
belongs to you to get information, from
the local authorities of the importation
country, about the conformity of the
products and services to the local
legislation. The 1000Club could not be
held for person in charge and its
responsibility could not be committed in
the event of non-observance of the
legislation of the country where the
services are subscribed or where the
product is delivered.
The payments on the site 1000club.com
are the object of a security encoding
SSL system.
A seven (7) days deadline as from the
subscription of the services or the
reception is granted to you to turn back
the product which would not be
appropriate to you, except however
custom products or especially
manufactured on order, such as: shirts
and all other types of custum taylor
clothing, jewels of higher value than
100 euro (except fantasy jewels), beds (mattress
and diagrid), pieces of furniture,
carpet and other objects of decoration,
pieces of art, video tapes, CD, DVD,
etc.
Indeed, that is justified insofar as
before acquiring a product, the 1000Club
offers you the chance to meet Diamonds
or VIP Members from which you can freely
test the products and collect various
testimonys and appreciations.
We advise you always to take the time of
the reflexion to inform you from various
sources before acquiring a product or
subscribing to a service.
In the case of acceptance of return by
the 1000Club, the expenses of sending
and return are yours. Only the price of
the bought product will be refunded to
you within 30 days.
The returns are to be carried out to the
address which will be indicated to you
by the 1000Club at the time of the
preliminary request for return per
registered letter with receipt within 7
day.
The right to repossess does not also
apply to the recordings audio, video or
with the data-processing software
loosened by the Customer and all
produced to measure or especially
manufactured with the order.
The turned over incomplete, dirtied,
damaged articles or damaged are not
accepted back.
No return or sending of against
refunding will be accepted, whatever is
the reason.
For any question, you can connect with
our customer service, by our
form of contact,
by choosing the heading "Sercice and
assistance".
The 1000Club guarantees that the object
of acquisition, when it is given to the
conveyor, presents the state stipulated
in accordance with the specification
specified on the list of the goods.
The "manufacturer" guarantees, indicated
for each product on 1000club.com,
against any manufacturing defect apply
to the products market on the
1000club.com web site as from the
delivery date.
The guarantees cover the labor and the
defective parts.
The 1000Club reserves the right, with
its only discretion, to replace or
repair the product.
The guarantees are provided only on
presentation of the card of guarantee
duly filled and the original invoice, or
the receipt indicating the date of the
purchase, the type of product,
accompanied by the product.
The 1000Club reserves the right to
refuse a free service of guarantee if
the documents mentioned above cannot be
presented or if information which they
contain is incomplete or illegible, like
if the number of model or series of the
product is not clearly any more readable.
The guarantee does not apply to the
products not turned back in their
packing of origin.
The guarantees do not cover :
maintenance and repairs necessary, or
the replacement of the parts, due to the
fair wear and tear; modifications
intended to improve the product beyond
its normal use as described in the
instruction manuals.
The 1000Club does not assume any
responsibility for the damage resulting
from a handling non in conformity from
the objects by the purchaser.
Thus, the claims of the purchaser for
contrary services under the contract are
definitively regulated. The purchaser
does not have in particular any right to
damages or following damage personal,
material or pecuniary inherent of the
purchaser.
If goods bought on 1000club.com have
defects, i.e. defects of material or
manufacture, the apparent defects must
be the subject of an immediate
complaint.
Insofar as the apparent defects are not
mentioned with the conveyor at the time
of the reception of the goods, or in the
24 hours with reception of the goods in
the event of delivery by the Post
office, the 1000Club is released from
any responsibility.
The photographs and the texts
illustrating the products presented are
not contractual.
The 1000Club does not assume any
responsibility for incorrect indications
of price or descriptions for product and
service.
The 1000Club could not be held for
person in charge for:
- inexecution of the contract concluded
in the event of out-of-stock or
unavailability of the product, strike or
case of absolute necessity, disturbance
of the communication and/or means of
transport, flood, fire, natural disaster.
- All consequential damages because of
present such as profit, loss trading, of
chance, damage or sundries.
- Non respect of the legislation by all
other web sites towards which
1000club.com will have redirected the
Net surfer thanks to hypertextes links.
II - Intellectual property and trade marks
All the texts, illustrations, images, marks and/or commercial names used on the 1000club.com/ web site are reserved for the title of the royalty in the respect of the intellectual property and trade-mark law. Without the preliminary and written authorization of the 1000Club, any use is constitutive of counterfeit and, for this reason, reprehensible.
III - Other stipulations and guarantees
The language of this contract is the French language.
The purchaser certifies that it is major and ready to carry out transactions according to the right of his home country. The purchaser guarantees that it acts under his only responsibility.
The purchaser guarantees that the decision to conclude this contract of acquisition does not rest on the fact that it can perceive various commissions, premiums or bonus inter alia via contracts of acquisition of third. In addition, he guarantees that he was made to him, at the time of the concluding of this contract, no promise on easy high profits and that the fulfilment of this contract is within the framework of its financial possibilities.
The 1000Club can terminate this contract when it wants it by giving written notification or by e-mail 14 days before and can terminate incontinent the contract if the Member breaks an unspecified provision of the contract.
The Member
can put an end constantly with the
contract without penalty giving written
notification of his cancellation by
Letter Registered with Acknowledgement
of Delivery addressed to: Marc
PLANCHETTE - Kadima Inc. - Le
Continental C - Place des Moulins -
MC98000 Monaco.
Its cancellation does not exempt the
integral payment of its contribution
(due) of Member if the Member is not up
to date of it. It should be noted that
in case of payment of the contribution
in the monthly form, the duration of the
payment is 24 months incompressible.
Even in the event of cancellation, the
Member will have to discharge by all
means of the integral payment of his
contribution.
The cancellation is effective the day to
which the written notification of the
Member duly arrived at the 1000Club. No
legal formality is necessary.
The membership of Member and IBP of the 1000Club International is renewed automatically each 365 days after inscription, and the 1000Club can freely output the electronic IBP account of the Member or find payment of the annual contribution of Member of the 1000Club by any other means of its choice, except express cancellation of this contract at least two months in advance by the Member. This cancellation will have to take place by Letter Registered with Acknowledgement of Delivery addressed to the 1000Club at the specified address in this agreement. The postmark constitutes a reasonable evidence of respect of the notice.
The exclusion of a Member of the 1000Club will be communicated by the 1000Club to the Member by Letter Registered with Acknowledgement of Delivery or by e-mail (to the last e-mail address of the member registered in its Account).
In the event of exclusion, the Member accepts that the 1000Club publishes its personal photographs, the reasons for his exclusion, just as of the elements which justified this exclusion. These information will be published in a data base accessible only to the members of the 1000Club, on the 1000Club Web site for an illimited duration from its notification (in order to allow the other members to be held informed of the intrigues of any member which do not fit with the respect of required ethics). This exclusion could also be notified by the 1000Club to the other Members and IBP of the 1000Club by anymeans of its choice.
In the event of nonrenewal and payment of the annual contribution of a Member, the 1000Club reserves the right to let know by all means that a Member is not it any more. It will be able in particular to publish its photograph in a data base of the nonactive Members. This specific data base and information contained will be visible even by the non-members.
The Member avoids belonging to a competitor club of the 1000Club, i.e. more precisely of a network of business, events, of exchange of residences, hospitality and/or voyages, which offers any form of remuneration at the time of the co-optation of new members.
In this case, the Member will be excluded and erased as a Member and IBP with loss of all his rights and advantages, without being able to claim with any remuneration or of compensation forms n the other hand.
The 1000Club
reserves the right to proceed to changes
or modifications to the contract with a
thirty (30) days notice by communicating
information on its Internet site (in
particular in Partners Mag) or by any
other means of its choice.
The Member accepts that the
aforementioned changes and the
aforementioned modifications take effect
thirty (30) days after their
notification on the 1000Club web site
and that they are automatically
integrated into the contract as
obligatory and applicable provisions.
IV - General clauses
In the event of non-payment, the 1000Club will suspend its services and its deliveries and will apply post maturity interest to the statutory rate. Following the sending of a Letter Registered with Acknowledgement of Delivery, followed of a setting in residence after time of fortnight, the Member accepts that all money sums due to the 1000Club can be deduced from the amount of its remuneration. The expenses of recommended with acknowledgement of delivery will be also deduced from IBP account of the Member or remains to be paid. The 1000Club will be able to inform the other members of the non-payment by all means and, in the event of non-payment higher than three (3) months, will be able to erase the member and to publish the reasons for radiation in BlackList without possible recourse.
This contract which binds the Member to the 1000Club can be transferred, assigned or differently transferred with the prior written agreement of the 1000Club.
If one of the provisions of the contract is inapplicable, the remainder of the conditions will not be affected and will remain legally and completely applicable.
Any
controversy or request resulting from
the present or related, or any rupture
of the aforesaid contract, will be
solved and regulated by ...
(a) mediation with the indicated
authorities, in the buildings of the
1000Club; or
(b) if the litigation is not regulated
by mediation, by arbitration, in
accordance with the rules such that they
appear in international commercial
Arbitrations.
The 1000Club will decide if the
arbitration will proceed in Monaco. The
arbitration will proceed in French, but
with the request and the payable
expenses in advance by the Member, it
will be possible to translate documents
and testimonys in another language. A
referee will be designated to hear and
to slice the litigations within the
framework of this provision, it will be
chosen by mutual assent between the
parts. The parts will each one support
the costs and the expenses in equal
shares of the fees of the referee and
the expenses of arbitration. None the
parts nor the referee can reveal the
contents or the results of any
arbitration carried out within the
framework of present without the prior
written agreement of the two parts. The
judgement related with any award cannot
be given in a court of competent
jurisdiction.
The judgement arbitration cannot be
disputed in front of a court. The two
parts accepts it without possible
recourse.
The contract
(including this agreement) is translated
in another language that French for the
only suitability of the Member. The
French version of the contract will be
checked under all its aspects. No
translation in another language could be
used to interpret nor to translate in
another direction this contract.
Only this version of the contract is
valid and binds the parts. Any other
version, in some form that it is (pdf
document including), will have only an
informative value. The two parts are
thus invited to print its last update to
refer to it.
LEGAL WARNING
You ensure that you read attentively and that you took note also Conditions and Adhesion Procedures (Affiliation contract of Independent Business Partners) and that the various possibilities of execution of the two contracts were explained in detail.
Take into
account the following points :
a) No transaction is free from risk. Do
not conclude more goods than you will
not be able to honour over one
reasonable period.
b) Acquire only the products which you
need for your personal consumption.
With the exception for the custom
products or especially manufactured on
order such as defined in this contract
and whose sale is regarded as farm and
final, you can denounce this written
contract by Letter Registered with
Acknowledgement of Delivery to the
address indicated in this agreement. You
have for that of a seven (7) days
deadline of as from the reception of the
goods or your request for adhesion. The
postmark constitutes a reasonable
evidence of respect of the notice.
I entirely attest to have read and have understood the contract and to agree to it in all points.
I certify to have taken knowledge of the right of cancellation.