RETURN & REFUND POLICY
4 Product Buy Back / Refunds And Exchanges
4.1 Buy Back / Refund Policy
(a) Unless otherwise required by applicable law, the Company, after deducting an administrative fee equivalent to 10% of the price, will pay/refund to you 90 per centum of the amount paid by you, plus applicable tax if prepaid, less applicable Bonuses, upon the buy back by the Company at your request, of marketable (namely unopened and resalable) Products and Business Support Material sold by the Company to you. You must return such marketable Products and Business Support Material within 12 months of the order date. You may only return the Products or Business Support Material you personally purchased from the Company. The Company does not pay / refund the original shipping costs on Products or Business Support Material that you return. In order for the Company to correctly back out the applicable Bonuses on returned Products, you must keep the sales order number of the invoice issued by the Company. You must provide the said sales order number of the invoice to the Company at the time you request a refund. You may also return individual Products that are purchased as part of a kit or package. The form of the refund will be based on the original form of payment such as a bank transfer or a credit card charge. Instead of a refund, the Company may choose other alternatives such as a Product credit. The buy back/return of Products may affect your eligibility to receive Bonuses and your pin level, and if Bonuses have already been paid on the bought back / returned Products, then the Company will recoup your Bonuses as set forth below in Section 6.9 of this Chapter 2. The Company does not buy back / provide refunds for Products or Business Support Materials and Services purchased from another Brand Affiliate. You must seek a buy back / refund directly from the Brand Affiliate who sold you such Products or Business Support Materials and Services.
(b) The refund policy under this Section 4.1(a) may not apply to product promotion. In such case, specific prior notification will be given.
4.2 Exchange Policy For Products Purchased Directly From The Company
Unless otherwise required by applicable law, the Company will exchange Products purchased directly from the Company that were incorrectly sent, or are defective, if you notify the Company within 30 days of the date of purchase. If an exchange is not feasible, the Company may issue (i) a Company credit for the amount of the exchanged Products, which may be used to purchase other Products, or (ii) a full refund of the purchase price.
4.3 Procedures For Obtaining A Buy Back / Refund Or Exchange
You must comply with the following procedures to obtain a buy back / refund or exchange:
(a) You must receive approval from the Company before you ship the return to the Company. This approval must be obtained in writing, and the actual return shipment must have the sales order number of the invoice as reference (Shipping Inquiries at +603-9078 4788);
(b) The Company will provide you with the correct procedures and location for returning the Products. The Company will not pay/refund the original shipping costs on Products that you return. All return shipping costs must be paid by you;
(c) Products sent to the Company without prior authorization will not qualify for a buy back / refund or exchange and will be returned to you at your expense; and
(d) Procedures may vary in jurisdictions where different requirements are imposed by law.
4.4 Policy For Uncollected Products
You acknowledge that administrative time and costs will be incurred by the Company to retain Products and / or Business Support Materials purchased but remain uncollected by and / or undelivered to you. Accordingly, you agree that IN THE EVENT THAT:-
(a) when collection is to be made by you and you fail or neglect to collect any Products and / or Business Support Materials purchased from the Company within seven (7) days from the date of purchase, the Company will deliver the purchased Products and / or Business Support Materials to the address as provided by you at reasonable delivery charges and if such Products and/or Business Support Materials cannot be successfully delivered to you and you fail or neglect for whatsoever reason to collect the Products and / or Business Support Materials from the Company within three (3) months from the date of purchase; or
(b) where you have requested the Company and the Company has agreed to deliver any Products and / or Business Support Materials to you but the Company is unable to deliver such Products and / or Business Support Materials to you due to an incorrect or incomplete delivery address or the unavailability of the named recipient at the address as provided by you, and you fail or neglect to collect the Products and / or Business Support Materials from the Company within three (3) months from the date of purchase,
THEN upon the expiry of the aforesaid period of three (3) months, you shall be deemed to have requested the Company to buy back all of such undelivered/uncollected Products and/or Business Support Materials whereupon the Company shall, without further reference, notice or account to you, buy back such Products and/or Business Support Materials and refund/pay to you the amount paid by you for such Products and/or Business Support Materials in accordance with Section 4.1 of Chapter 2. If Bonuses have already been paid on such Products, then the Company will recoup your Bonuses as set forth in Section 6.9 of Chapter 2.
5 Retail Sales And Customer Returns
5.1 Retail Sales
Products purchased from the Company may only be sold to retail customers, used for Product demonstrations, or for your own personal use. You are authorized to resell Products you purchase from the Company to retail customers. You may establish your own retail prices for Products and may keep all of the profits you earn from retailing the Products to your retail customers. The Company may establish or publish suggested retail prices for Products based on competitive pricing in each market.
5.2 No Wholesaling Of Products
You may not sell or distribute Products to Persons who intend to resell the Products or have resold Products in the past. You are prohibited from selling to Persons, either directly or indirectly, who ultimately (i) resell the Products through a retail store, (ii) resell the Products over the Internet, regardless of the form of Internet distribution channel, unless it has been approved by the Company in writing, (iii) import the Products into an Unopened Market, or (iv) use any other method of distribution that violates the primary purpose of your direct selling business and that of the Company. You must take reasonable steps to ensure that Persons who purchase Products from you do not intend to violate this Section 5.2.
5.3 Retail Order Form
(a) Save as permitted by applicable law, you must offer a ten (10) working day, cooling off period to your retail customers and notify each retail customer by a legally prescribed form of his right to rescind/terminate the retail sale contract within ten (10) working days commencing the day after the contract is made and provide to the retail customer the legally prescribed form of the notice of rescission for the retail customer’s use if he so chooses. During the cooling off period, no Product may be delivered to the retail customer and no payment may be accepted from the retail customer unless he has given a written notice, seventy-two (72) hours or more after signing the retail sale contract, requiring delivery before the expiry of the cooling off period.
(b) The retail sale contract with a retail customer who serves a notice of rescission within the cooling off period, will be deemed to be rescinded/terminated by mutual consent of the retail customer and you. Like any guarantee given in relation to such contract, it will be deemed never to have had effect.
(c) The Retail Order Form must be signed by both the retail customer and you. You must provide the retail customer with two copies of the completed Retail Order Form at the time of the retail sale. All blanks in the “Notice of right of rescission before the expiry of the Cooling-off Period” section referring to the ten working days cooling off period on the back of the Retail Order Form must be completed. The Retail Order Form should be completed and include a detailed description of the Products ordered, the amount of the sale, the retail customer’s name, address, telephone number, the date of the sale, the time, place, and method for payment to be made, the time and place for delivery of the Products and your name, business address, and business telephone number.
(d) For every purchase, regardless of the amount, the retail customer must receive the first and second copies of the Retail Order Form. The first copy is the customer’s record of his contract for the purchase. The retail customer has to sign and date the Notice of Rescission in the second copy if she chooses to rescind/terminate the retail sale contract within the cooling off period and return it personally or by registered post to you. The second copy must also be signed and dated and returned to you by the retail customer if a refund is requested. The third copy is your record of the retail sale contract.
(e) The statement “THIS CONTRACT IS SUBJECT TO A COOLING OFF PERIOD OF TEN WORKING DAYS” must be printed above the place provided for the signature of the retail customer in the Retail Order Form.
(f) You must keep a copy of the Retail Order Form for your records. You must keep copies of all Retail Order Form on file for at least seven years or such longer period required by applicable laws.
5.4 Money-Back Guarantees, Customer Refunds, And Exchanges For Your Retail Customers
(a) You must offer a ten working day money-back guarantee to your retail customers. This means that you must, for any reason and upon request, give a full refund of the purchase price to the retail customer. The only requirement is that the retail customer must request the refund within ten (10) working days after the date of delivery of the Products and return the unused portion of Product. You must make a refund for returned Products within ten (10) working days of the retail customer’s request. The Company encourages you to honor your retail customers’ requests for refunds or Product exchanges even if made more than ten working days after the date of delivery of the Products.
(b) (Not Applicable)
(c) If your retail customer purchases a Product directly from you, and your retail customer returns the Product to you for a refund, then you are responsible for, and must provide the retail customer with, a refund without any reimbursement from the Company. The Company encourages you to honor your retail customer’s request for refunds even if made more than ten working days after the date of delivery of Products.
(d) If your retail customer purchases a Product directly from you, and your retail customer returns the Product to you for a Product exchange, then you are responsible for the Product exchange, and the Company will only replace the exchanged Product if returned within 30 days from the date of purchase and the Product is defective.
Extract from Nu Skin Policies & Procedures.