Terms & Conditions for BFA enrolment:

 

  1. Registration:
    • The application for appointment of direct seller as Beauty & Fashion Advisor (BFA) of M/s Quest Retail Pvt. Ltd. (“Quest”) 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
    • BFA shall duly sign the registration form and shall submit the same along with KYC documents to M/s Quest Retail Pvt. , an Authorized Distributor of Products of Avon brand (“Brand”). The registration of the BFA shall be effective when the Registration Form is received at the appropriate Order Processing Center and an account number is issued. These Terms & Conditions shall supersede any agreement previously made between the BFA and Avon Beauty Products India.
    • BFA represents that he/she is of sound mind and has not been convicted, or declared bankrupt in the last five
  2. Credit check: Avon
    • BFA agrees to have her/his personal details being checked to credit reference and fraud prevention agencies and to Quest making searches from time to time of her/his details with such agencies and keeping a record of that search. BFA agrees that Quest 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
  3. Obligations of BFA while performing Activities
    • Activities mean the activities related to lawful sales undertaken by the BFA as per Brand’s policies and guidelines amended or supplemented by Brand from time to
    • BFA agrees that she/he shall:
  4. Honor Brand’s tradition of integrity and personal service and the applicable Brand Guarantee;
  5. Make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of Brand;
  6. Sell only to Consumers and not to sell Brand Products for resale to or through third parties, any business entity or any type of retail establishment or any internet site unless authorized by Quest;
  7. Neither make export shipments of Brand products nor knowingly sell products to other individuals who intend to export those products unless authorized by Quest;
  8. Should carry the identity card and not to visit the consumer’s premises without prior appointment/approval;
  9. At the initiation of a sales representation, without request, truthfully and clearly identify herself/himself, Brand, the address of place of business, the nature of the product sold, and the purpose of the solicitation to the prospective consumer;
  10. Offer a prospective consumer accurate and complete explanations and demonstrations of the products, prices, credit terms, terms of payment, return, exchange, refund policy, return policies, terms of guarantee, after-sales services;
  11. 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;
  12. Provide to the prospect / consumers, an order form approved by Quest at or prior to the time of initial sale containing following details
  • Quest’s name, Address and contact information
  • His/her name, address, registration number or enrollment number, identity proof and contact number
  • Complete description of the goods or services to be supplied
  • The country of origin of the goods
  • The order date and total amount to be paid by the consumer, along with the bill and receipt
  • The time and place for inspection of the sample and delivery of goods
  • The right of the consumer to cancel the order or to return the product in saleable condition and avail full refund on sums paid and
  • Details regarding the complaint redressal mechanism of the Brand
  1. Provide the promotional literature, advertisement or mail containing the name and address or telephone number of Quest and containing his/ her mobile number;
  2. Take appropriate steps to ensure the protection of all sensitive personal information provided by the prospect / consumer in accordance with the applicable laws for the time being in force and ensure adequate safeguards to prevent access to, or misuse of, data by unauthorized persons;
  3. fulfil the orders within the delivery date proposed to the consumer at the time of purchase and the consumer shall be informed of any undue delay as soon as it becomes apparent or comes within his/her In case of such delay, any request for cancellation/return of the order by the consumer shall be granted.
    • The BFA shall not:
  4. Use misleading, deceptive and / or unfair trade practices;
  5. 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;
  6. Make any factual representation to a prospective BFA that cannot be verified or make any promise that cannot be fulfilled;
  7. Present any advantages of Direct Selling to any prospective BFA in a false and / or a deceptive manner;
  8. 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;
  9. Require or encourage BFAs recruited by the first mentioned BFA to purchase products in unreasonably large amounts;
  10. Provide any literature and / or training material or collateral to a prospective and / or existing BFA, which has not been approved by the Brand;
  11. Require prospective or existing BFA to purchase any literature or training materials or sales demonstration
  12. At the time of sale, make any claim that is not consistent with claims authorized by the Brand.
  13. Sell or offer for sale, any product of Avon on an e-commerce platform/marketplace without obtaining prior written consent from
    • BFA agrees to absolve Quest from any liability arising out of any gifts/promises offered by him / her to prospect / consumer without prior written consent of
  14. Conflict of Interest:
    • BFA may engage in any other business, occupation or activity provided that such business, occupation or activity does not, in Quest’s opinion, cause a breach of or conflict with any of the BFA’s obligations under these Terms & Conditions or a conflict with Brand’s
  15. Sales Leadership:
    • 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 as applicable from time to time on the sales/ revenue generated. BFA needs to meet the standards to become a sales leader and to comply with applicable laws and regulations, Brand’s applicable schemes, plans, policies, procedures or guidelines for the Sales Leadership Program amended from time to
    • 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 Quest by the BFA and her/his Downline BFAs on timely basis; failing which Quest shall be entitled to take any action against the BFA as it may deem
    • Quest 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
    • 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
    • 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
    • Quest 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 In case of suspension all downline BFAs/leader will be inherited to the immediate upline of the suspended leader.
  16. Independent Contract:
    • BFA agrees that she/he is an independent BFA and not an employee nor agent nor partner of Quest and has no authority to bind Quest contractually to incur any liability on behalf of
    • 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 Quest business or
  17. Ordering:
    • All purchase orders are subject to product availability and acceptance by
    • BFA shall be entitled to return the unused products in marketable conditions within 30 days of purchase from Quest along with original invoice for money
  18. Payment:
    • 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 &
    • Quest 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 Quest. In addition, Quest 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 agrees to pay the statutory interest as notified by Quest and as amended by Quest from time to time on all overdue sums. BFA also agrees to be liable to Quest for any additional costs incurred by Quest for recovering any overdue amount from BFA including attorney fees and court costs incurred by Quest.
    • In the event BFA fails to pay for any order and/or clear the outstanding dues within the stipulated time as per the credit facility sanctioned, if any, Quest may take the following steps:
  19. Calling on a periodical basis;
  20. Send dunning letters;
  21. Send legal notices;
  22. Initiate appropriate action as per
  23. Discount:
    • BFA will receive a trade discount on Quest’s recommended retail prices if her/his order meets the minimum order value as amended by Quest from time to
  24. Intellectual Property:
    • BFA agrees that she/he shall not, except to the extent authorized in the applicable policies, procedures and guidelines, use or exploit Quest’s intellectual property rights which include but not limited to trademarks, or trade names or any logos, product names, designs or copyright belonging to
    • BFA agrees that all advertising materials must comply with policies or guidelines issued by the Brand from time to time. Quest may request the removal of any advertising materials regardless of whether such materials were previously
    • 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 Brand’s trademarks including, without limitation, the name AVON, and that she/he hereby consents to transfer to Quest any such domain
  25. Security and Privacy and Data Transfer:
    • BFA agrees to be bound by the requirements of any applicable data protection laws and Brand’s Security and Privacy Statement, as amended from time to time. Brand’s Security and Privacy Statement can be found at in.avon.com.
    • BFA acknowledges and consents to her/his personal information being collected, used, processed, and transferred by Brand 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 Brand’s Security and Privacy In addition, BFA consents to use of data for marketing or other purposes, using electronic or other means as described in Brand’s Security and Privacy Statement.
    • 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
  26. Compliance:
    • BFA agrees to be bound by these Terms and Conditions, any applicable laws and regulations including the Direct Selling Rules, 2021 and any amendment be amended from time to time as the Brand deems Such policies, procedures, or guidelines shall form part of these Terms & Conditions as if set out in full in these Terms & Conditions.
    • BFA agrees to provide an undertaking (as annexed herewith) at the time of initial registration and subsequently on a periodical basis, as informed by Quest, with respect to compliance of the Direct Selling Rules, The said undertaking may be amended, from time to time, if required as per law.
    • BFA agrees that violation of any of the above requirements shall result in any disciplinary actions deemed appropriate by Quest including but not limited to termination of
    • BFA shall indemnify Quest for any liability for any claim arising out of the breach by the BFA of these Terms &
  27. Termination:
    • Quest reserves the right to terminate the contract with BFA without cause at any time by giving thirty

(30) days’ notice in writing to BFA. BFA has the right to voluntarily resign as BFA for any or no reason with immediate effect after clearing all the outstanding dues to Quest.

  • Once BFA is terminated or BFA voluntarily resigns, BFA will lose her/his right to any recognition or award, or right to attend any Brand function, or commission or other benefits under the Brand Sales Leadership
  • 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 Brand products purchased prior to such termination, subject to the terms and conditions applicable to product
  • Furthermore, BFA agrees that her/his registration as BFA shall be terminated for inactivity, as set forth in the applicable policies, procedures and
  1. Confidential Information:
    • 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.
  2. Amendment:
    • Quest reserves the right to amend these Terms and Conditions, including Brand’s policies, procedures or guidelines at any time by giving the BFA written notice to the BFA’s address on If BFA has signed up to conduct her/his activities online or has provided Quest with her/his email address, BFA expressly authorizes Quest to issue communications and invoices electronically, by email to the BFA or by posting messages or notices on dedicated website for Avon products, www.in.avon.com, and any such communication shall be deemed appropriate as written notice.
  3. Others:
    • These Terms & Conditions, applicable policies, procedures or guidelines and Sales Leadership Program issued by the Brand amended from time to time, constitute the entire understanding between the parties and supersedes any previous contract or
    • The rights and obligations of BFA may not be transferred or otherwise assigned without the prior written consent of Quest, 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 brand 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. Quest shall not entertain any request or claim by any person other than the Nominee duly appointed by the BFA. Quest 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 the Brand'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 Quest.
    • Articles 8, 10, 11, 12, 14 and 16 shall survive the termination of or voluntary resignation by the
    • These Terms & Conditions / contract 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 / contract or the breach, termination or validity thereof, shall be settled by arbitration conducted in accordance with the rules of Delhi International Arbitration Centre by a panel of one (1) arbitrator, to be appointed jointly by both the The venue/seat of arbitration shall be New Delhi, India. The arbitration shall be conducted in English Language. The arbitral award shall be in writing and be final and binding on the parties. The parties shall have the right to seek interim injunctive relief from a court of competent jurisdiction, both before and after arbitrator has been appointed, at any time up until the arbitrator has made its final award. The award may include an award of costs and interest on the amount in dispute.

 

  1. Restriction on Recruiting:

“The BFA understands that all the schemes as may be introduced by Quest 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 Quest. In case Quest 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.

  1. Privileged Customers
    • Privileged customer(PC) is a BFA with some As a PC you cannot opt for leadership opportunity so clause No.5 is not applicable for PC.
    • Privileged customer(PC) can anytime opt to become regular To know more contact customer care.

 

 

 

 

Compliance Undertaking - Direct Selling Rules, 2021

S No.                                                                              Obligation

  1. At the initiation of any sale representation, BFA to truthfully and clearly identify himself/herself, show ID card, disclose the identity of the Brand, the address of place of business, the nature of goods sold and the purpose of such solicitation to the
  2. Any offer to the prospect to provide accurate and complete information, demonstration of goods and usage, prices, credit terms, terms of payment, payment modes, return, exchange, refund policy, return policy and terms of
  3. Not to deceive or mislead the consumers about products’ quality, quantity and
  4. To make sure that the consumers are aware that BFA is approaching them only for the purpose of selling products and not for any market research
  5. To provide the consumers with an order form along with the brochure approved by the Brand.
  6. To not make any additional claims about the products, which are inconsistent with the claims authorized by the Brand.
  7. To obtain GST / other applicable trade registrations as per law, if any, & provide copy of the same to
  8. To ensure that all the sensitive personal data provided to the BFA by the consumers stays in BFA’s or Quest’s possession and is not accessed or misused by any unauthorized third
  9. To never visit any consumer’s household without taking a prior
  10. While trying to engage new prospects as BFA’s downline, to not provide any kind of promotional literature about company or its products, which has not been approved by the Brand. Moreover, not to ask the prospects to purchase any literature/sales demonstration equipment in order to become a direct seller, and not ask such prospects to pay any entry/subscription
  11. To ensure that all the promotional literature, such as the brochure/order form, circulated by BFA, carry BFA’s name, phone number and any other contact details that allows the consumers to reach to
  12. To inform the consumers about their rights under any guarantee / warranty provided by the Brand with respect to the
  13. To deliver the orders of the consumers within the stipulated delivery date, as per the Delivery and Shipping Policy of the Brand. The consumers shall be informed if there is any undue delay in delivery promptly via SMS, call or