LTO Terms & Conditions
Terms and Conditions
Nu Skin 2016 Regional Limited Time Offering of ageLOC Me
Australia and New Zealand
These Terms and Conditions apply to the sale of ageLOC® Me products (“Products”) to Nu Skin Distributors, Preferred Customers and Retail Customers in Australia and New Zealand pursuant to a limited time and limited quantity offering (“LTO”) on Thursday, 28th of April 2016.
In the LTO, the Products will be offered in the form of system package (“Package”). The Package consists of one (1) ageLOC Me Skin Care System (350 PSV);). An ageLOC Me Skin Care System consists of an ageLOC Me device and 5 cartridges (of which 3 cartridges are serum).
By placing an order for the Products in the LTO, 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”). 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 Distributor 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 Distributors)
(a) You understand that there are no minimum purchases or inventory requirements for Nu Skin Distributors. All LTO 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 distributorship in a financially responsible way. Do not incur debt in order to participate in the LTO 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 an LTO 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 Distributors in your sales organisation regarding these principles, as well as the Refund Policy applicable to the LTO 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 LTO 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. LTO Refund Policy
(a) The following refund policy is only applicable to Nu Skin Distributors and Preferred Customers:
(i) FOR LTO REFUND POLICY applicable to nu skin distributors, PLEASE REFER TO SECTION 4.1 OF CHAPTER 2 OF THE POLICIES AND PROCEDURES. FOR LTO REFUND POLICY APPLICABLE TO NU SKIN Preferred Customers, PLEASE REFER TO THE PREFERRED CUSTOMERS 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 LTO 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 may, but are not required to, return the entire Package in order to obtain a refund. Subject to (iii) below, you may return other individual products (ageLOC Me device or cartridge) sold within the Package so long as they are unopened and resalable. However, if the Company decides in its absolute discretion that the Package has been physically damaged or significant quantities of the product(s) have already been used after your purchase, then a refund will not be allowed.
(iii) In the event that you wish to return any ageLOC serum cartridge within the ageLOC Me Skin Care System as part of the Package, you must return ALL 3 ageLOC Me Serums cartridges in the same ageLOC Me Care System in order to obtain an exchange or refund.
(iv) Products should be returned pursuant to the Company’s standard product return procedure. FOR MORE INFORMATION, PLEASE REVIEW the POLICIES AND PROCEDURES IN YOUR BUSINESS PORTFOLIO 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 hundred percent (100%) of the purchase price of the products sold by the company to you in the LTO 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 qualified Executive Distributor can place an LTO order and if you are placing an LTO order on the account of another Distributor, Preferred Customer or Retail Customer, you have received, prior to placing the order, a completed and validly signed Product Order/Credit Card Authorisation Form from such Distributor, Preferred Customer 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 LTO. 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 LTO purchases are strictly limited to thirty (30) ageLOC Me Skin Care Systems per Executive Circle Group and fifteen (15) ageLOC Me Skin Care Systems per Distributor, Preferred Customer or Retail Customer account. 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 LTO incentives (where applicable).
5. Order Dates and Procedures
(a) Order Dates. Order for LTO Products in Australia and New Zealand markets begins on Thursday, 28th of April 2016 at 12.00 noon AEST for Australia and 2.00 p.m. NZST for New Zealand and ending on Saturday, 30th of April 2016 at 5.00 pm AEST for Australia and 7.00 p.m. NZST 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 LTO products, log onto LTO.nuskin.com http://www.nuskin.com/content/lto/2016/sp/en_AU/landing.html (Australia) or http://www.nuskin.com/content/lto/2016/sp/en_NZ/landing.html (New Zealand). 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 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 LTO 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
You may only purchase Products in the LTO from your home market. No purchase from overseas markets is allowed in the LTO even if the purchase is for personal use. 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 LTO purchase. If there is any conflict between these Terms and Conditions, the Distributor 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 LTO 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.