Terms and Conditions
ADR Terms & Conditions
I agree to be bound by the terms and conditions set forth below.
This ADR Agreement is between you, as an independent Distributor, or customer (“I” or “me” or “you” or “your”) and Nu Skin Enterprises United States, Inc., a Delaware corporation, 75 West Center Street, Provo, Utah 84601 (“Company”). I understand that the Automatic Delivery Rewards Program (“ADR Program”) is an optional program that allows me to place a standing Automatic Delivery Rewards (“ADR”) order with the Company that will be conveniently shipped to me on a monthly basis and charged to my credit card, savings account, or checking account on a recurring, monthly basis (unless I have selected the option of shipments every other month).
A. General Terms and Conditions
1. Sign-up Procedures; Multiple ADR Orders.
(a) I may submit this ADR Agreement online, by facsimile, by mail, or by delivering a hard copy to the Company’s walk-in center. If I sign up by telephone, I must submit a signed hard copy of the ADR Agreement to the Company online, by facsimile, by mail, or by delivering a signed hard copy to the Company’s walk-in center within 30 days of my sign up or the Company may terminate my ADR orders. By submitting this ADR Agreement, I acknowledge that I have set up an ADR account in my name (“ADR Account”).
(b) I may place orders for multiple customers under my ADR Account. I agree that if I place orders for other people besides myself, e.g., my customers, under this ADR Account, then I will be the primary name on this ADR Account unless I notify the Company in writing that another person whose ADR orders are on this ADR Account is the primary name. I agree that the primary name on this ADR Account will receive all the product or points earned on this ADR Account and the primary name is the only person who may redeem them. IF I PLACE ADR ORDERS ON THIS ADR ACCOUNT FOR OTHER PERSONS, THEN I AGREE TO PROVIDE SAID PERSONS WITH A COPY OF THESE TERMS AND CONDITIONS.
2. Minimum Order Amount ; Additional Benefits.
(a) Whether a Distributor or a customer, the minimum monthly ADR order must be fifty (50) personal sales volume points in order to participate in the ADR Program.
(b) With my monthly ADR order of 50 personal sales volume points or greater, I will be entitled to the following benefit: I will earn product points that may be redeemed for additional products.
3. Shipping Rates, ADR Points; and other Terms. THE TERMS AND CONDITIONS FOR THE ACTUAL SHIPPING DISCOUNTS, THE REQUIREMENTS GOVERNING PRODUCT POINTS, HOW PRODUCT POINTS ARE EARNED, AND THE REDEMPTION AND EXPIRATION OF PRODUCT POINTS, MAY BE FOUND AT www.nuskin.com/adrtandc, WHICH TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO THIS ADR AGREEMENT.
(a) I have specified on this ADR Agreement the quantity of each product that I desire to receive every month and provided the Company with my valid Visa, MasterCard, American Express, or Discover Card number along with the card’s expiration date, and other information necessary to set up a direct debit arrangement on my personal savings or checking account. All products ordered by me must be paid in full before the products are shipped.
(b) If I have selected a credit card as the method of payment, then I authorize the Company or its affiliated company to charge my credit card each month for the products specified above.
(c) If I have selected a debit arrangement, I authorize the Company, either by paper or electronic means, to debit and, if appropriate, credit to my savings or checking account. I authorize the depository I have indicated, hereinafter called the “Bank,” to debit or credit the same to such account. This authority shall remain in force and effect until both the Company and the Bank have received written notice from me of its termination. I must provide an appropriate period of time for the Bank and the Company to act on my notice of termination. The Company will make no other charge to my account except those that I have authorized (sales tax charges may fluctuate in accordance with changes in applicable sales tax rates). The Company and the Bank will be fully protected in honoring this authorization. If any check or charge is dishonored, with or without cause and whether intentionally or inadvertently, then the Company and the Bank will have no liability to any party. I further authorize the Company to release this pre-authorization to the Bank in establishing and maintaining my direct debit account. It may take up to five business days for the Bank to verify funds.
5. Change of Address or Orders. Unless I notify the Company in writing by mail, facsimile, online, or via telephone of a change in my address or any changes to my order at least 30 days prior to my designated shipment date, the products I have selected will be sent to me each month at the address I have provided. The Company will make the adjustments specified in my written notice no later than 30 days after receiving such notice.
6. Discontinued Products; Stock Outs.
(a) The specific products I selected may be discontinued by the Company. If discontinued, the Company will provide me with written notice at least five business days prior to the discontinuance of the products, and will continue to send me the remaining items selected on my ADR Agreement. I may select other products to replace the discontinued products. Purchase price and shipping fees will be automatically changed to reflect the change in my order.
(b) If your ADR order contains a product that is out of stock, when possible the Company will send you an email notification and substitute a similar or related product in your order unless you inform the Company in writing at least five business days before the order ships that you would like to substitute a different product. Once the out of stock product is available, the substituted product will be deleted from your order and the regular product shipped in your next regularly scheduled order. Any out of stock product will not be sent in addition to the substituted product when it becomes available.
7. Price Increases. The Company may change the price of the products that I have selected. If the price of a specific product is increased, then the Company will provide me with written notice at least 30 days prior to the price increase, and unless I direct them to do otherwise, will continue to send me the selected products at the increased price.
8. Refunds. Except for products purchased with ADR points, all products ordered under the ADR Program may be returned to the Company pursuant to the Company’s regular product return policy. The refund policy for products purchased with ADR points is described at www.nuskin.com.
9. Termination of ADR Program or Orders.
(a) Upon 30 days prior written notice, the Company may terminate the ADR Program. The Company may also immediately terminate my right to participate in the ADR Program and this ADR Agreement and notify me of the termination if (i) the credit card or bank authorization provided in this ADR Agreement expires, is cancelled or otherwise terminated, (ii) I violate the terms and conditions of this ADR Agreement, or (iii) if I am a Distributor, if I have violated the terms and conditions of my Distributor Agreement.
(b) I may cancel my ADR order in writing or by contacting customer service at 1-800-487-1000 at any time. The Company will cancel my ADR Agreement within 30 days after it receives my written notice.
(c) Upon 30 days prior written notice, the Company may, in its sole discretion, modify the terms and conditions of this ADR Program, including but not limited to, the expiration of the product points for Distributors.
10. No Modification of Distributor Agreement; Customer Assistance. The terms and conditions contained in this ADR Agreement do not supersede or modify in any way the terms and conditions of my Distributor Agreement and the Policies and Procedures. If I am a Distributor, (i) I will assist my customers in obtaining any requested refunds under the ADR Program; (ii) I acknowledge that I have sold or personally consumed at least 80% of my last month’s purchase of products; and (iii) I agree that with my participation in the ADR Program I agree to the terms of this ADR Agreement, the Distributor Agreement, the Policies and Procedures, as amended.
11. Expiration of Product Points. Any unredeemed products points earned from the ADR orders placed under this ADR Account will expire one year from the date that they are earned.
(a) Collection of Personal Information. The Company, its parent, affiliates and subsidiaries (“Nu Skin”) are aware of and responsive to your concerns regarding how information about you is collected, used and shared as a result of your participation in the ADR Program. Nu Skin respects your privacy and is committed to protecting the privacy of consumers of Nu Skin’s products and services. Nu Skin collects from you and holds certain personal information about you in order to provide you with the benefits of being a Distributor and communicating with you regarding (i) promotional offers and products, (ii) Distributor/customer relationships, (iii) customer referrals, and (iv) other relevant business issues. All information submitted by you will be held by Nu Skin at its corporate headquarters in the United States, its regional headquarters, and/or its local affiliated companies in the country of your residence. You have right to access and correct your personal information held by Nu Skin by contacting the call center for your country of residence.
(c) I agree that if I am a Distributor, then my immediate upline Executive will be notified if I cancel my ADR Account. The upline Executive will only see my name, ID number, and limited contact information. No details regarding the specifics of my ADR orders will be provided.