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1. Customer Returns
a) Distributors are required to offer a thirty (30) days, 100% unconditional money-back guarantee
to all retail customers, excluding shipping charges. Every Distributor is responsible for
honoring this guarantee. If a retail customer is dissatisfied with any Viva Life Science product for any
reason, he or she may return that product to the Distributor from whom it was purchased within thirty(30) days for either a replacement or a full refund of the purchase price, excluding shipping charges. When a Distributor receives the product, he/she may exchange the product with the Company for a new packaged unit within thirty (30) days. Exchanges for products other than
what was ordered will be subject to a 10% restocking charge.
b) Distributors are required to offer a sixty (60) day, 100% unconditional money-back guarantee
to all retail customers on the purchase of Viva Purity skin care products.
2. Distributor Exchanges
Distributors may exchange products, literature and sales aids in reusable and resaleable condition at any time within thirty (30) days of purchase. Shipping costs for returned items shall be borne by the Distributor. Exchange of products will be subject to a 10% restocking charge.
3. Inventory Repurchase Policy
A Distributor who terminates his/her participation in the Equity Plus Compensation Plan may return unopened inventory (products and sales aids) in resaleable condition (freight at Distributor's expenses). The Company will refund to the terminating Distributor the net cost less a 10% restocking fee and all bonuses already paid to the Distributor for merchandise returned by that Distributor and less appropriate claims and set-offs which the Company has against that Distributor including bonuses paid to the Distributor upon the volume of his/her downlines upon or following the return of their merchandise. The Company will deduct from upline Distributors bonuses previously paid to them for merchandise returned by their downline Distributors. The Company is not required to repurchase products after their commercially reasonable usable or shelf-life period has passed, nor seasonal, discontinued or special promotion products which Company disclosed prior to the Distributor's purchase of them that they are not subject to the Company's repurchase obligation.
The Company's repurchase obligation is not intended to apply as a means of facilitating the movement of established individuals from one company's selling program to another, nor will it apply in cases involving the proselytising of sales people from one company to another. Rather, the repurchase provision is solely intended to cover the individual who wishes to leave the business and believes that he/she was ill advised to purchase more inventory than he/she can sell.
The Company is not required to repurchase inventory from a person who in order to qualify for a bonus or other benefit, has falsely certified that previously ordered inventory has been resold.
4. Distributor's Returns
Distributors may return products, literature and sales aids in saleable and useable condition at any time within sixty (60) days of purchase and receive 100% refund on literature and sales aids and 90% refund on products. All refunds are offset by the amount of commissions and rebates paid on returned items. Freight costs for returned items shall be borne by the Distributor. Payment will be made within sixty (60) days of actual receipt of returned item(s).
Prior to the return of any products, literature or sales aid, the Distributor must request
authorisation by calling the Operations Department.
5. Ordering
The Company's support team knows how important it is to fill the Distributor's order quickly and accurately. It is necessary for the Distributors to help the Company achieve this by following the ordering and delivery rules and regulations outlined herein.
Telephone Orders
The Company may accept telephone orders only from Distributors whose applications have been received accepted and entered into the Company's computer database. Before calling in to place an order, the Distributor must be prepared to give the following information.
i) Name and Viva Life Science Sdn Bhd I.D. Number of the Distributor
ii) Name of the person making the order
iii) Delivery address (if different from the address on the Distributor Application and Agreement form) The Company does not accept P.O. box general delivery destinations or caller service.
iv) The order in its entirety with product codes and quantities of each item.
v) The form of payment either in cash, credit cards and/or through bank-to-bank wire transfer.
When all the above information is ready, call [1 800 88 8248]. The first available agent will take the order. If the distributor chooses to fax his or her order, send it to [Fax No: 03-7880 0545]. Do not forget to call to verify that the order has been received.
6. Back Orders
Back orders will be shipped as soon as the product becomes available. Bonuses on back orders are credited to the Distributor in the calendar month in which payment for the original order was received by the Company, or the following month if specified; not when the products were shipped or received.
7. Shipment Errors
If you received an order in which an error has been made, you must notify the Company of the error(s), by telephone or in writing, within five (5) working days of the receipt of the order. The product must be returned unopened.
8. Damaged Products
In the event that damaged merchandise is received, the following steps are to be followed :
a) Unless the exterior of box is damaged, the Distributor must accept the delivery.
b) Record the delivery receipt number and the description of damaged boxes. Obtain the
signature of the delivery personnel as well.
c) Keep the damaged products and boxes.
d) Present the damaged products to the Operations Department and request for a return
authorisation.
9. Short Shipments
If there is a discrepancy between the number of boxes received and the number listed on the invoice, allows three (3) working days from the date of shipment in case the shipment was split a few days apart. After the suggested waiting period, the Distributor should notify the Company's Operations Department.
If individual products are missing from an order, contact the Company's Operations Department immediately.
10. Change of Address
Distributors must report all changes of address and personal information by sending a written notice with original signatures to the Company's office, Attention: Operations Department. There is no fee for change of address within Malaysia.
Distributors who change their residence between countries will be required to pay a minimal
processing fee.
11. Amendments
The Company reserves the right to amend and/or vary from time to time these Policies and Procedures set forth herein, its wholesale or suggested retail prices, product availability and Equity Plus Compensation Plan at the absolute discretion of the Company and as it deems appropriate. Amendments may be communicated directly to all Distributors through the appropriate Company's publications. Amendments are effective and binding on all Distributors as of the date of amendments.
12. Non-Waiver Provision
No failure of the Company to exercise any power under its Agreement, including these Policies and Procedures, or to insist upon strict compliance by a distributor with any obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of the Company's right to demand exact compliance with these Policies and Procedures. Waiver by the Company can be effected only in writing by an authorized officer of the Company.
The Company's waiver of any particular default by a Distributor shall not affect or impair the Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Distributor. Nor shall any delay or omission by the Company to exercise any right arising from default affect or impair the Company's rights as to that or any subsequent default.
13. Legal Compliance
The Company honours and complies with all applicable statutes, laws, regulations and ordinances governing direct sales and network marketing and its products and requires every Distributor to do the same.
14. Breach of Contract
As a Distributor, you are required to understand and comply with these Policies and Procedures. Violation of any policy is ground for termination. For a breach of any policy described herein, the Company shall be entitled to have the benefit of any remedy provided to it by law or in equity.
15. Entire Agreement
These Policies and Procedures, together with the Equity Plus Compensation Plan and the Distributor Application and Agreement Form constitute the complete agreement between a Distributor and Viva Life Science Sdn
Bhd.
16. Jurisdiction and Venue
These Policies and Procedures shall be governed and construed in accordance with Malaysian laws. The jurisdiction and venue over any legal action involving these Policies and Procedures shall be proper only in the Malaysian courts and no other courts, shall have jurisdiction. |