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Terms & Conditions of Avon Representatives

1. Registration:

1.1 The application for appointment of direct seller as Beauty & Fashion Advisor (BFA) of Avon India shall be subject to these Terms and Conditions which constitute the entire agreement with BFA and the applicant hereby confirms that she/he is 18 years of age or older and a resident of India

1.2 BFA shall duly sign the registration form and shall submit the same along with proof of identification, address, and two photos to Avon Beauty Products India Pvt. Ltd. (“Avon”). The registration of the BFA shall be effective when the Registration Form is received at the appropriate Avon Order Processing Center and an account number is issued. These Terms & Conditions shall supersede any agreement previously made between the BFA and Avon.


2. Credit check:

2.1 BFA agrees to have her/his personal details being checked to credit reference and fraud prevention agencies and to Avon making searches from time to time of her/his details with such agencies and keeping a record of that search. BFA agrees that Avon shall have the right to use such information and any future activities and payment records of BFA to determine whether any credit facilities can be or continue to be made available to the BFA.


3. Obligations of BFA while performing Activities

3.1 Activities mean the activities related to lawful sales undertaken by the BFA as per Avon’s policies and guidelines amended or supplemented by Avon from time to time.


3.2 BFA shall agrees that she/he shall:

a.  Honour Avon’s tradition of integrity and personal service and the applicable Avon Guarantee;

b.  Make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of Avon;

c.   Sell only to Consumers and not to sell Avon Products for resale to or through third parties, any business entity or any type of retail establishment or any internet site unless authorized by Avon;

d.  Neither make export shipments of Avon products nor knowingly sell products to other individuals who intend to export those products unless authorized by Avon;

e.  Should carry the identity card and not to visit the consumer’s premises without prior appointment/approval;

f.    At the initiation of a sales representation, without request, truthfully and clearly identify herself/himself, Avon, the nature of the product sold and the purpose of the solicitation to the prospective consumer;

g.  Offer a prospective consumer accurate and complete explanations and demonstrations of the products, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales services;

h.  Keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the products sold in such form as per applicable law;

i.    Provide following information to the prospect / consumers at the time of sale, namely:

(i)        Her/his Name, address, registration number or enrolment number, identity proof and telephone number of and details of Avon;

(ii)      A description of the products to be supplied;

(iii)     Explain to the consumer about the goods return policy of Avon in the details before the transaction;

(iv)     The Order date, the total amount to be paid by the consumer along with the bill and receipt;

(v)      Time and place for inspection of the sample and delivery of good;

(vi)     Information on how to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

(vii)   Details regarding the complaint redressal mechanism;

 

3.3 The BFA shall not:

a.  Use misleading, deceptive and / or unfair trade practices;

b.  Use misleading, false, deceptive, and / or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective BFA, while interacting with prospective BFAs;

c.   Make any factual representation to a prospective BFA that cannot be verified or make any promise that cannot be fulfilled;

d.  Present any advantages of Direct Selling to any prospective BFA in a false and / or a deceptive manner;

e.  Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and this agreement or the products being sold which is false and / or misleading;

f.    Require or encourage BFAs recruited by the first mentioned BFA to purchase products in unreasonably large amounts;

g.  Provide any literature and / or training material or collateral to a prospective and / or existing BFA, which has not been approved by Avon;

h.  Require prospective or existing BFA to purchase any literature or training materials or sales demonstration equipment.


4. Conflict of Interest:

4.1 BFA may engage in any other business, occupation or activity provided that such business, occupation or activity does not, in Avon’s opinion, cause a breach of or conflict with any of the BFA’s obligations under these Terms & Conditions or a conflict with Avon’s interest.


5. Sales Leadership:

5.1 BFA shall be entitled to join the Sales Leadership Program – a sales program pursuant to which he/she shall undertake business development activities including appointing and training new BFAs and receive awards, incentives and other benefits including commission on the sales revenue generated by her/his Downline BFAs . BFA needs to meet the standards to become a sales leader and to comply with applicable laws and regulations, Avon’s applicable schemes, plans, policies, procedures or guidelines for the Sales Leadership Program amended from time to time. All such business development activities by BFA shall be associated with the sales office of Avon situated in the State of delivery of products to the BFA as per the Avon’s records, referred to as Local Sales Office (LSO).

5.2 As a Leader, BFA shall be responsible for ensuring the accuracy and authenticity of address mentioned and identity proof provided by the Downline BFA and ensuring the payment of dues to Avon by the BFA and her/his Downline BFAs on timely basis; failing which Avon shall be entitled to take any action against the BFA as it may deem fit.

5.3 Avon shall be entitled to adjust/withhold the amount of commission due to a BFA against any outstanding amounts due from the BFA and or his or her Downline BFAs, if any.
5.4 For the purposes of this article no 5, Downline BFA shall mean and include all the BFAs in whichever generations whose sales are considered for calculating the commission payable under the Sales Leadership Program.

5.5 Commission payable under the Leadership Program shall be inclusive of all the present and future taxes including services tax, value added taxes, good and services taxes or other taxes, levies, duties and or charges as may be imposed by the statutory authorities on such commission payable to eligible BFA.
5.6 Commission shall be payable subject to applicable tax deducted at source. In the event, BFA has not provided the PAN card details, a higher tax be deducted as per applicable rate under the laws. The normal applicable rate of tax be deducted from the date of receipt of PAN card details of BFA by Avon.

 

5.7 Avon shall be entitled to suspend the registration of a leader in case she/he does not place any personal purchase order for a consecutive period of 3 campaign. In case of suspension all downline BFAs/leader will be inherited to the immediate upline of the suspended leader.



6. Independent Contract:

6.1 BFA agrees that she/he is an independent BFA and not an employee nor agent nor partner of Avon and has no authority to bind Avon contractually to incur any liability on behalf of Avon.
6.2 BFA agrees that she/he shall be responsible for compliance with all matters associated with the status of self-employed individual including payment of all tax, pension, insurance contributions or other business expenses and shall possess all licenses, permits, insurance and or registrations at her/his cost for conducting Avon business or activities.


7. Ordering:

7.1 All purchase orders are subject to product availability and acceptance by Avon.

7.2 BFA shall be entitled to return the unused products in marketable conditions within 30 days of purchase from Avon along with original invoice for money back.


8. Payment:

8.1 BFA agrees to provide orders and to pay for all orders and to repay any credit facilities that are made available to BFA pursuant to the payment terms as set forth in the applicable policies, procedures and guidelines.

8.2 Avon shall have no obligation to fulfil any future orders should BFA fail to pay for any previous orders or if there is any outstanding amount due to Avon. In addition, Avon shall have the right to withhold the payment of all or part of any discount, commission, awards, incentives or other monies due to the BFA, and/or the right to set off any monies that may be due or payable to the Company by the BFA against any such payment of discount, commission, awards, incentives or other monies due to the BFA. BFA agrees to pay the statutory interest as notified by Avon and as amended by Avon from time to time on all overdue sums. BFA also agrees to be liable to Avon for any additional costs incurred by Avon for recovering any overdue amount from BFA including attorney fees and court costs incurred by Avon.


9. Discount:

9.1 BFA will receive a trade discount on Avon’s recommended retail prices if her/his
order meets the minimum order value as amended by Avon from time to time.

10. Intellectual Property:

10.1 BFA agrees that she/he shall not, except to the extent authorized in the applicable policies, procedures and guidelines, use or exploit Avon’s intellectual property rights which include but not limited to trademarks, or trade names or any logos, product names, designs or copyright belonging to Avon.
10.2 BFA agrees that all advertising materials must comply with policies or guidelines issued by Avon from time to time. Avon may request the removal of any advertising materials regardless of whether such materials were previously approved.

10.3 BFA agrees not to use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of Avon’s trademarks including, without limitation, the name AVON, and that she/he hereby consents to transfer to Avon any such domain names.

11. Security and Privacy and Data Transfer:

11.1 BFA agrees to be bound by the requirements of any applicable data protection laws and Avon’s Security and Privacy Statement, as amended from time to time. Avon’s Security and Privacy Statement can be found at www.in.avon.com.

11.2 BFA acknowledges and consents to her/his personal information being collected, used, processed, and transferred by Avon and its affiliated entities, and authorized third parties, including but not limited to entities in countries that have a different level of data protection than that in the BFA’s home country, for the purposes described in the Avon’s Security and Privacy Statement. In addition, BFA consents to use of data for marketing or other purposes, using electronic or other means as described in Avon’s Security and Privacy Statement.

11.3 BFA understands that she/he may withdraw her/his consent to this transfer of personal information, but if such BFA chooses to withdraw her/his consent, she/he will no longer be a BFA.

12. Compliance:

12.1 BFA agrees to be bound by these Terms and Conditions, any applicable laws and regulations including Direct Selling Guidelines 2016 and any amendment thereto, and any applicable policies, procedures or guidelines issued by Avon, which may be amended from time to time as Avon deems necessary. Such policies, procedures, or guidelines shall form part of these Terms & Conditions as if set out in full in these Terms & Conditions.

12.2 BFA agrees that violation of any of the above requirements shall result in any disciplinary actions deemed appropriate by Avon including but not limited to termination of BFA.
12.3 BFA shall indemnify Avon for any liability for any claim arising out of the breach by the BFA of these Terms & Conditions.


13. Termination:

13.1 Avon has the right to terminate the contract with BFA in case she/he does not place any purchase order for a continuous period of one year. BFA has the right to voluntarily resign as BFA for any or no reason with immediate effect after clearing all the outstanding dues to Avon.

13.2 Once BFA is terminated or BFA voluntarily resigns, BFA will lose her/his right to any recognition or award, or right to attend any Avon function, or commission or other benefits under the Avon Sales Leadership Programme.

13.3 Except in the case where termination is caused by BFA’s breach of any of these Terms & Conditions, BFA shall have the right to return to Avon products purchased prior to such termination, subject to the terms and conditions applicable to product returns.

13.4 Furthermore, BFA agrees that her/his registration as BFA shall be terminated for inactivity, as set forth in the applicable policies, procedures and guidelines.


14. Confidential Information:

14.1 Information provided in connection with these Terms & Conditions and the contact details of Downline BFA, which is not publicly disclosed shall be kept confidential and shall not be used or divulged other than in the proper cause of performance of the obligations under these Terms & Conditions, failing which Avon shall be entitled to take disciplinary action including termination of relationship with Avon.


15. Amendment:

15.1 Avon reserves the right to amend these Terms and Conditions, including Avon’s policies, procedures or guidelines at any time by giving the BFA written notice to the BFA’s address on record. If BFA has signed up to conduct her/his activities online or has provided Avon with her/his email address, BFA expressly authorizes Avon to issue communications and invoices electronically, by email to the BFA or by posting messages or notices on Avon’s website www.in.avon.com, and any such communication shall be deemed appropriate as written notice.


16. Others:

16.1 These Terms & Conditions, applicable policies, procedures or guidelines and Sales Leadership Program issued by Avon amended from time to time, constitute the entire understanding between the parties and supersedes any previous contract or understanding. 

16.2 The rights and obligations of BFA may not be transferred or otherwise assigned without the prior written consent of Avon, except in case of Nominee duly appointed by the BFA. The Nominee appointed by the BFA shall be the sole assignee of all rights, interest, liabilities and obligations of the BFA in her or his Avon business. This assignment and transfer of rights and obligations shall be effective after the demise of the BFA provided the Nominee submit the death certificate of the BFA and agrees to sign the then current BFA Agreement within 60 days of the demise. Avon shall not entertain any request or claim by any person other than the Nominee duly appointed by the BFA. Avon shall have a right to reject any such nomination if it finds the profile of the Nominee not suitable to be a BFA or Leader under Avon's policies or under the local laws. The Nominee shall also be liable to discharge any obligations and clear all the outstanding due from the demised BFA to Avon. 
16.3 Articles 8, 10, 11, 12, 14 and 16 shall survive the termination of or voluntary resignation by the BFA.
16.4 These Terms & Conditions shall be governed and interpreted by the laws of India and any dispute, controversy or claim arising out of, relating to or in connection with, these Terms & Conditions or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with The Arbitration and Conciliation Act, 1996. The seat of the Arbitration shall be at Gurgaon, India. The Managing Director of Avon or any other person duly authorized by the Managing Director shall be the sole arbitrator. The arbitration shall be conducted in English Language. The arbitral award shall be in writing and be final and binding on the parties. The award may include an award of costs and interest on the amount in dispute.


17. Restriction on Recruiting:

“The BFA understands that all the schemes as may be introduced by Avon shall be to encourage genuine business practices and undertakes that she/he will not appoint any of her /his family members either under her/him or any other leader, with the intent of taking advantage of the scheme and or for other ulterior motive as may be determined by Avon. In case Avon finds any such appointment, it a) shall be entitled to terminate such appointment without any obligation to notify the leader and the BFA so appointed or b) disqualify the leader from leadership/membership c) disqualify such BFA/Leader from any incentive program.