LTO Terms & Conditions
Terms and Conditions
Nu Skin 2017 Pre-Launch Offer of ageLOC® LumiSpa™
Australia and New Zealand
These Terms and Conditions apply to the sale of ageLOC® LumiSpa™ products (“Products”) to Nu Skin Brand Affiliates who are paid as Qualifying Brand Representative and above pin title as of 1st December 2017, Members and Retail Customers in Australia and New Zealand pursuant to a limited time and limited quantity offering beginning at 12.00 noon AEDT for Australia and 2.00 p.m. NZDT for New Zealand on Tuesday, 5th of December 2017.
In the Pre-Launch, the Products will be offered in the form of a kit, consisting of two (2) kit options. One (1) ageLOC LumiSpa Demonstration Kit (200 PSV) consists of an ageLOC LumiSpa device with Normal Treatment Surface, one (1) Charging Device, three (3) Normal/Combo Treatment Cleansers, one (1) Normal Treatment Surface, and one (1) Firm Treatment Surface. One (1) ageLOC LumiSpa Launch Kit (100 PSV) consists of an ageLOC LumiSpa Device with Normal Treatment Surface, one (1) Charging Device and either one (1) Treatment Cleanser Normal/Combo OR one (1) Treatment Cleanser Sensitive.
By placing an order for the Products in the Pre-Launch, you agree to be bound by these Terms and Conditions between you and Nu Skin Enterprises Australia, Inc. and Nu Skin Enterprises New Zealand, Inc. (collectively “Nu Skin” or “Company”), where ever your home market is. These Terms and Conditions may be referred to as the “Agreement”. Any capitalised terms not defined herein shall have the same meaning as contained in the Seller Agreement, Nu Skin Policies and Procedures, Sales Compensation Plan and related documents applicable to the purchaser’s home market, and shall be incorporated herein by reference thereto.
1. No Purchase Required; Inventory and Retail Sales (only applicable to Nu Skin Brand Affiliates)
(a) You understand that there are no minimum purchases or inventory requirements for Nu Skin Brand Affiliates. All Pre-Launch Product purchases are optional, and there are no Bonuses paid for recruiting. Bonuses are paid only when Products are purchased and shipped. Please operate your account in a financially responsible way. Do not incur debt in order to participate in the Pre-Launch or Nu Skin business.
(b) You must use your own judgment in determining inventory needs based upon reasonably projected retail sales and personal use. You agree that you will promote the retail sale of the Products unless they have been purchased for personal use or demonstration. By placing a Pre-Launch purchase order, you certify that you have sold or consumed at least 80% of your total inventory of all previously purchased Nu Skin products, and that you have made at least 5 retail sales in the previous month. You must educate Brand Affiliates in your sales organisation regarding these principles, as well as the Refund Policy applicable to the Pre-Launch described below.
(c) You are required to provide retail receipts to your retail customers and keep copies as described in the Policies and Procedures. The Company will monitor and audit retail sales of product, and you agree to provide copies of retail receipts as requested by the Company. Refunds to your retail customers are governed by law and the Policies and Procedures; however the Company encourages you to honour your customers’ requests for returns even if made at a later time than stipulated by law.
2. Pre-Launch Refund Policy
(a) The following refund policy is only applicable to Nu Skin Brand Affiliates and Members:
(i) FOR PRE-LAUNCH REFUND POLICY applicable to Nu Skin Brand Affiliates, PLEASE REFER TO SECTION 4.1 OF CHAPTER 2 OF THE POLICIES AND PROCEDURES. FOR PRE-LAUNCH REFUND POLICY APPLICABLE TO NU SKIN Members, PLEASE REFER TO THE MEMBERS Terms and Conditions. Generally, the Company will refund to you ninety percent (90%) of the purchase price of the Products sold by the Company to you in the PRE-LAUNCH WITHIN 12 MONTHS FROM THE ORDER DATE. All refunds are only applicable for unopened and resaleable products and will be plus applicable prepaid taxes, and less applicable bonuses.
(ii) YOU MUST RETURN THE ENTIRE KIT AND EACH COMPONENT OF THE KIT MUST BE UNOPENED AND REASALEABLE IN ORDER TO OBTAIN A REFUND. YOU MAY NOT RETURN INDIVIDUAL PRODUCTS SOLD WITHIN THE KIT WITHOUT RETURNING THE ENTIRE SET.
(iii) Products should be returned pursuant to the Company’s standard product return procedure. FOR MORE INFORMATION, PLEASE REVIEW THE POLICIES AND PROCEDURES OR contact the Nu Skin office in your local market. AS SET FORTH IN THE POLICIES AND PROCEDURES, WHERE APPLICABLE, THE COMPANY HAS THE RIGHT TO ADJUST THE PIN LEVEL OF YOU AND YOUR UPLINES AND RECALCULATE BONUSES AS A RESULT OF RETURNS. IN ADDITION, QUALIFICATION FOR SPECIAL INCENTIVES (IF APPLICABLE) MAY BE IMPACTED BY RETURNS.
(b) The following refund policy is only applicable to Nu Skin Retail Customers:
if you are a Nu Skin Retail Customer, the company will refund to you one hundred percent (100%) of the purchase price of the products sold by the Company to you in the PRE-LAUNCH within 30 days from the purchase date, regardless whether the product has been used, is re-stockable or re-saleable.
3. Eligibility to Purchase
Purchase on Another’s Account. You acknowledge that only a QUALIFYING SALES LEADER and above can place a Pre-Launch order and if you are placing a Pre-Launch order on the account of another Brand Affiliate, Member or Retail Customer, you have received, prior to placing the order, a completed and validly signed Product Order/Credit Card Authorisation Form from such Brand Affiliate, Member or Retail Customer. You agree to provide a copy of such written approval to the Company upon request as set forth in Chapter 2, Section 3.7 of the Policies and Procedures.
4. Limited Quantities, Purchase Limits
(a) Limited Quantities. You acknowledge and agree that there is no guarantee that you will be able to purchase Product in the Pre-Launch. Only a certain limited quantity of Product is available for sale to the Australia and New Zealand markets, and there may not be a sufficient quantity of Product to fulfil your order.
(b) Purchase Limits. You acknowledge and agree that Pre-Launch purchases are strictly limited to twenty (20) Kits per Brand Affiliate ID, and twenty (20) Kits per Qualifying Sales Leader and above Circle Group. Any direct or indirect violation of this limitation is subject to disciplinary action by the Company, including but not limited to recapture of Bonuses and special Pre-Launch incentives (where applicable).
5. Order Dates and Procedures
(a) Order Dates. Orders for the Pre-Launch Products in Australia and New Zealand markets begins on Tuesday, 5 December 2017 at 12.00 noon AEDT for Australia and 2.00 p.m. NZDT for New Zealand and ending on Monday, 15 January 2018 at 5.00 pm AEDT for Australia and 7.00 p.m. NZDT for New Zealand, or at such time as the Product inventory allocated to Australia and New Zealand markets is exhausted, whichever occurs first.
Orders will be processed in the order received. When you pay by credit card, your credit card will be charged as soon as you place the order. If your credit card is declined, your order will be cancelled immediately and no product inventory will be held for your product order.
(b) Order and Payment Methods. To order Pre-Launch products, log onto https://www.nuskin.com/lumispapreview. If payment is made by credit card, the Company will only accept Master Card, Visa, and American Express (only for French Polynesia). You understand that if you pay by credit card, banks or credit card companies may charge you handling fees including, but not limited to, foreign transaction fees and you agree that you shall be responsible for all such fees.
(c) Product Price and Credit Card Authorisation. Product price is quoted in AUD (Australia) and NZD (New Zealand). You authorise the Company to charge your designated credit card for the full price of the Products ordered and all related fees and charges, including applicable taxes and shipping costs. You confirm that if you are not the cardholder, you have, prior to placing the order, obtained a completed and validly signed Product Order/Credit Card Authorisation Form (which can be downloaded for Australia: https://www.nuskin.com/content/dam/sp/2013/pdf/Credit_card_authorisation__form_au.pdf or New Zealand: https://www.nuskin.com/content/dam/sp/2013/pdf/Credit_card_authorisation__form_nz.pdf ) from the cardholder. You agree to provide a copy of such written approval to the Company upon request as set forth in Chapter 2, Section 3.9 of the Policies and Procedures. You acknowledge and agree that if the Product you ordered from the Pre-Launch is paid by a third party’s credit card, the Company will deem you as the purchaser of the Products. All Products ordered by you must be paid in full before the Products are shipped.
(d) Order Shipment and Volume Month. Where applicable, volumes for Bonus calculations and Rank/Pin Level qualifications will be counted in the month the product ships. Products will be shipped to the address provided by you. The address must be in the country from which you ordered the Products.
(e) Transfer of Title. Title to and risk of loss for any Products you order transfer to you when the Products are shipped.
7. Collection of Personal Information
8. Importation of Products
(a) You are personally responsible for complying with all applicable import, customs and licensing laws and regulations and for all customs duties, taxes, licensing fees, declarations and any other costs, fees and expenses associated with your importation of Products into your country. Certain products or quantities of certain products may be prohibited from importation into some countries. You agree to indemnify and hold harmless Nu Skin and its affiliates for all losses, damages, claims, costs, fees and expenses of whatever kind or nature arising from or in connection with your importation of Products into any other market. Nu Skin will not reimburse any loss or accept any responsibility for any Product confiscated by customs officials which may not comply with import restrictions.
(b) You may only purchase Products in the Pre-Launch from your home market. You may gift or sell to retail customers the Products in your home market only if the Products are registered in your home market.
You agree to resolve all disputes with Nu Skin and its affiliated companies through the Company’s alternative dispute resolution policy. THIS AGREEMENT IS SUBJECT TO A MEDITATION AND ARBITRATION POLICY AS DESCRIBED IN CHAPTER 7 OF THE POLICIES AND PROCEDURES. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, UTAH SHALL BE THE EXCLUSIVE VENUE FOR MEDIATION, ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS AGREEMENT. The place of origin of this Agreement is the State of Utah, USA, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of Utah, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes and actions arising under or related to this Agreement, or to enforce this Agreement, or any other claim (whether based in contract, tort, statute, law or equity), including the validity of the arbitration provision, place of venue, and jurisdiction, shall be in Salt Lake County, Utah. The parties consent to the personal jurisdiction of said courts within the State of Utah and waive any objection to improper venue. The Mediation and Arbitration Policy is found in Chapter 7 of the Policies and Procedures. Please see http://www.nuskin.com/en_AU/corporate/legal.html (Australia) or http://www.nuskin.com/en_NZ/corporate/legal.html (New Zealand).
Nu Skin may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review these Terms and Conditions prior to making any Pre-Launch purchase. If there is any conflict between these Terms and Conditions, the Seller Agreement, or the Policies and Procedures, these Terms and Conditions will be controlling. Certain names and trademarks are proprietary and are owned by Nu Skin or its affiliated company. The Pre-Launch web site and all its contents are protected under copyright by Nu Skin or its affiliated company, with all rights reserved. Every effort has been made to ensure the accuracy of prices, item numbers, and availability. However, we cannot be responsible for typographical errors. We reserve the right to correct any errors or omissions.