anders berglund shares his legal opinion on my shopping genie
DESCRIPTION
A different View On My Shopping GenieTRANSCRIPT
ANDERS BERGLUND Stockholm, Sweden
Anders Berglund, lawyer and former Vice Chairman of the World Federation of Direct Selling Associations (WFDSA) and currently Vice President of the European Direct Selling Association (EFDSA) endorses MyNet Universe.
Left to right: Hans-Henrik Ramel, Chairman of the Swedish DSA, award winner, Dominika Senktas and Anders Berglund
Anders Berglund received his Swedish Master of Law in 1969. He then joined the Electrolux Group in 1974, where he worked as a company lawyer before progressing on to the direct selling sector of AB Electrolux. In July 1992, he formally assumed the position of Vice President, Human Resources and General Counsel with AB Lux, which was the direct selling arm of the Electrolux Group.
In 1987 Anders Berglund became a board member and legal advisor to the Swedish Direct Selling Association. Since 1989, he has represented Sweden on the board of delegates of the Federation of European Direct Selling Associations (FEDSA). He was Chairman of the Association from 1999 to 2002 and has been Vice Chairman since 2007. He has represented Sweden on the Board of Delegates of the World Federation of Direct Selling Associations (WFDSA) since 1993 and was Vice Chairman, Governance, of WFDSA from 1997 to 1999.
In 2010, as MyNet Universe started its Global expansion programme, Anders Berglund was hired to investigate, apply his knowledge and understanding of the MyNet Universe Compensation Plan and to create a legal opinion and recommendations on his findings. He also flew to Ireland to meet John Shine of the National Consumer Agency alongside MyNet Universe’s other legal advisors (Andy Howard from the USA and Dr. Gerald Kean from Dublin) after an Independent reporter raised a few concerns and presented an unfair and unbalanced view of this fantastic and legitimate opportunity in Direct Sales :. After the meeting, Anders Berglund created his document as follows:
ANDERS BERGLUND Stockholm, Sweden
My Shopping Genie Universal Compensation Plan
This opinion is based on existing EU regulations (Unfair Commercial Practices Directive) and
is given in the light of the following paragraphs of the European Codes of Conduct.
2.6 Fees Companies and direct sellers shall not ask other direct sellers to assume unreasonably high
entrance fees, training fees, franchise fees, fees for promotional materials, and other fees
related solely to the right to participate in the business.
Any fee shall represent reasonable value.
Companies and their direct sellers shall not permit practices whereby a direct seller pays a
fee to participate in the distribution system of a direct selling company, and receives earnings
based on fees paid by additional direct sellers introduced by him into that distribution system.
2.7 Right of Withdrawal The direct seller shall have a period of at least seven calendar days in which to withdraw
from his agreement without penalty and without giving any reason.
The period for exercise of this right shall begin from the day of conclusion of the agreement.
The direct seller shall inform the company in writing of his decision to withdraw from the
agreement.
Where the right of withdrawal has been exercised by the direct seller, the company shall buy
back all products and business aids that the direct seller purchased at the start of his
activities. The company shall reimburse free of charge all sums paid by the direct seller. The
company shall however not be obliged to buy back products and business aids if they are not
in their original, new and unused condition.
2.8 Buy back Notwithstanding the direct seller's right of withdrawal (2.7), should a direct seller decide to
put an end to his relationship with the company, the company shall buy back all products
purchased by the direct seller within the previous twelve months. The terms of this buy-back
will be that the direct seller will receive a minimum of 90% of the purchase price, less any
earnings or benefits received by the direct seller based upon the purchase of the products
being returned. The company shall however not be obliged to buy back products if they are
not in their original, new and unused condition.
2.9 Product Inventory Companies shall not require or encourage direct sellers to purchase a product inventory in
unreasonably large amounts nor to purchase products on a regular basis where the quantity
of products is unlikely to be sold or consumed within a reasonable amount of time. The
following should be taken into account when determining the appropriate amount of product
inventory: the relationship of inventory to realistic sales possibilities, the nature of
competitiveness of the products and the market environment, and the company's product
return and refund policies.
ANDERS BERGLUND Stockholm, Sweden
The second section of paragraph 2.6 corresponds to the definition of unlawful pyramid
schemes included in the Unfair Commercial Practices Directive.
The Universal Compensation Plan adheres to all requirements of these paragraphs and
is thus lawful and ethical and is suitable for application on the European market.
The Genie System is a “product” which is being sold to persons wishing to take advantage of
the package of business aids included therein for existing business or for distributing the free
Genie. By buying a Genie system the buyer becomes an Independent Genie Distributor (IGD)
and may distribute free Genies for the duration of his engagement. Even if the price of the
Genie System would be considered a fee for entering the My Shopping Genie system, it
cannot be regarded as unreasonably high. As demonstrated in the Universal Compensation
Plan the fee represents a reasonable value.
The Universal Compensation Plan grants a thirty days cancellation right with refund of
money paid. It thus meets the requirement of paragraph 2.7. Paragraph 2.8 will not be
applicable since the Genie System cannot be considered original, new or unused after thirty
days.
There is no incentive to buy the Genie System more than once. The Genie System itself gives
unlimited right to distribute Genies and to use the business aids included therein. Thus there is
no risk at all for so called inventory loading.
If an IGD or a user of the Genie wishes to acquire the right to sell Genie System and thus be
in a position to build up a team of distributors he/she can do so by signing up as a Registered
Genie Distributor (RGD). To do so a minor amount is to be paid. No commission is paid from
this amount. The remuneration for an RGD is solely based upon activities from his/her down
line IGDs or RGDs. Thus the Universal Compensation Plan meet the legal and ethical
demands on a direct selling plan, whether it is regarded as single level or multilevel. In fact
the Universal Compensation Plan can work both as single level (IGD only) and as multilevel
(RGD).
Anders Berglund