.Independent Tiens4u: adders to TIENS Refund Policies & Procedures
1. SALES RECEIPTS – CUSTOMER’S RIGHT TO CANCEL TRANSACTION
All Distributors must honour any request by a customer to cancel any transaction for the sale of products or services within 14 calendar days of the sale and to provide the customer with a retail sales receipt for any sale giving him notice of the right to cancel the transaction, and in all other respects comply with applicable consumer protection legislation. Tianshi produce retail sales receipt forms, which can be used for this
2. SALES AND DELIVERY CONDITIONS
All deliveries of products by Tianshi are in accordance with the conditions below. The supply of services promoted by Tianshi shall be subject to the terms and conditions applicable to each service and notified to the Distributor on the Service Request or Order Form. Any amendments, alterations or sub-agreements (in particular if such amendments etc. should alter or be inconsistent with these conditions) will only be recognised by Tianshi as valid on submission of written confirmation signed by an authorised signatory of Tianshi.
b. Product/Service Range, Prices and Alterations:
All Tianshi deliveries are affected exclusively on confirmation of the order in writing. All product ranges remain subject to alteration.
From receipt of the order to date of dispatch, Tianshi reserves the right to alter the construction, design and colour of products, or the specification of services provided that such alteration is not extreme and is acceptable to the purchaser.
All prices are in pounds sterling (?) and include packaging.
Where no specific and binding delivery/supply date has been agreed, all delivery/supply dates then set by Tianshi are seen as not binding. The delivery period only commences when the Distributor has clarified all dispatch details. The delivery date is met when the products have left Tianshi’s warehouse or when the Distributor has been notified that the goods are ready for dispatch prior to the date agreed. Shipment is normally by Tianshi’s regular carrier. Shipments can only be made to a street address. Shipments cannot be made to a PO Box. Time of delivery shall not be of the essence.
Shipping costs shown on the order form apply to all locations in Turkey. Occasionally a carrier may lose a shipment. If you suspect your order has been lost please contact Distributor Services. Please wait a minimum of seven (7) working days before you assume the order is lost. If your product is received damaged or your order is incomplete, please contact the head office.
Payment for product/service orders may be made by cash, credit card, or bank account debit.
i) Cheques must be made payable to Tianshi for the full amount including any VAT and shipping or handling charges. Any cheque, which is returned, may result in the suspension of the Distributor.
A ?15.00 fee will be added to the Distributors account in respect of each returned cheque and may be deducted from bonus or commission due to the Distributor.
ii) If payment is by credit card, the card must belong to the Distributor receiving the shipment. You should provide the card type, name on the card number and expiry date upon payment.
e. Retail Refunds
In the event of a faulty or defective product being received, if a retail customer requests a refund the Distributor who sold the product to that customer is responsible for refunding any monies owed. The product in question must then be returned to Tianshi who will replace the product or refund to the Distributor the wholesale price paid by the Distributor.
(i) Sale of products to the Distributor
Tianshi’s liability arising in connection with the sale of goods to the Distributor shall be limited to:
” any liability which Tianshi may have for death or personal injury resulting from Tianshi’s negligence or willful misconduct; and
” repair or replacement of defective products.
Other than as expressly provided in this Section 20 Tianshi shall not be liable in respect of any loss or damage of any kind which may arise in connection with products delivered by Tianshi, greater than the price of the products in question
(ii) Sales to Consumers
Tianshi holds product liability insurance, which provides Tianshi and Distributors with protection against claims by consumers in respect of the supply of products and services. Tianshi must be given immediate written notification of any such claim and all details pertaining thereto. This coverage will not protect a Distributor if unauthorised representations or claims are made by the Distributor involved nor does it affect issues of liability arising from the sale of products by Tianshi to the Distributor.
3. RETURN AUTHORISATION NUMBER
Prior to return of stock for repurchase, the Distributor must contact Tianshi and obtain a termination package to complete. The Distributor will subsequently be issued with a Return Authorisation Number (RA). The RA must be shown on each consignment returned. Products returned without the RA will not be repurchased by Tianshi and will be returned to the Distributor at his own expense.
4. PAYMENT OF REFUNDS
Payment of refunds will be made in the same form as the original payment i.e. if the purchase was made on the Distributor’s credit card then the payment will be in the form of a credit to the credit card account.
5. CUSTOMER ENQUIRY PROCEDURE
In the case of enquiries made by a customer directly to Tianshi without reference to a Distributor, Tianshi will endeavour to ascertain whether a Distributor initiated the contact with Tianshi. If the Distributor did initiate the contact, the person making such enquiry will be requested to contact the Distributor in question.
Enquiries resulting from the media or other advertising of Tianshi or Tianshi products
6. POLICIES AND PROCEDURES VIOLATIONS
In order to protect the integrity of Tianshi’s Distributor network and the business environment in which Tianshi operates, the Distributor on discovering or suspecting a violation of the Policies and Procedures, should first discuss the problem with the other Distributor. If this does not resolve the problem it should be reported to his Upline to resolve the issue at a local level. If the matter cannot be resolved, it should be reported in writing to Tianshi including details of the date, location and nature of the violation and the identity of the Distributor alleged to be in breach.
The Distributor alleged to have violated the Policies and Procedures may be suspended in accordance with Section 27 and required by Tianshi, in writing, to respond to the allegations within a period of ten working (10) days. On receipt of the Distributor’s response, the Tianshi Compliance Department will investigate and review the submissions and determine what action is appropriate to be taken. Please note that violations of the same nature with regard to different Distributors may be treated differently by Tianshi.
Where violations are proven or are not refuted by the Distributor in question, this may result in a written warning, suspension, the imposition of fines or the termination of the Distributor Agreement (see Sections 26, 27 and 28). The Distributor hereby agrees that where a breach of Policies and Procedures is determined, and a fine imposed, Tianshi shall be entitled to deduct the amount of such fine from his account with Tianshi.
The actions taken by Tianshi can include:
” preparing a notice to the Distributor. The notice will describe the reasoning behind the decision to monitor or discipline the Distributor as well as the description of the punishment to be imposed. If training has been recommended, the details of this will also be included. The notice can be sent to one or more Distributors depending upon how many are so affected;
” re-training, which can either be organised by the Distributor (with Tianshi’s supervision) or should the Distributor fail to so organise, by Tianshi itself. If the Distributor chooses to organise the training, he must submit a copy of the training programme to Tianshi for approval in writing beforehand. The programme must state the date, time and venue for the training as well as the recommended presenter and number of participants. When attending the training the participants must sign a register of attendance which will be forwarded to Tianshi. The Distributor who organises the training must also report the results of the training to Tianshi in writing. Tianshi can send any staff it chooses to the training if it so wishes.;
” suspending the Distributor from participating in any activities relating to sponsoring;
” suspending the Distributor receiving any and all commissions/incentives during a monitored period; and/or
” temporarily withdrawing honours, ranks and statuses.
If Tianshi is satisfied with the result of monitoring and/or retraining then the monitoring and/or retraining will cease and all benefits suspended will be resumed. All expenses incurred as a result of the monitoring and/or retraining will be deducted from any commission/bonuses retained by Tianshi during this period.
If Tianshi decides that the monitoring and/or retraining has failed Tianshi can either extend the period, take further corrective measures or stop the monitoring and/or retraining, and terminate the Agreement with the Distributor instead.
Tianshi shall notify the Distributor in writing of any determination. The Distributor will then be allowed twenty one (21) days, from the date of the notice of determination, in which to appeal the disciplinary action in writing to Tianshi. Appeals should be made to the Appeals Committee, which shall hear any such appeals once per calendar month.
Tianshi shall be entitled to place a Distributor on suspension, for a period of up to ninety (90) days. Should allegations, which have been made against the Distributor, be proved, Tianshi reserves the right in its sole discretion to determine the period of suspension. The right of a suspended Distributor to receive compensation from Tianshi ceases immediately from the date of suspension through to the end of the suspension period.
A suspended Distributor must cease selling Tianshi products, sponsoring Tianshi Distributors, using Tianshi promotional materials, trademarks, trade names, service marks, logos and colour schemes, representing himself as a Distributor, attending Tianshi meetings or act in any way, which may be adverse to the business of Tianshi or its Distributors.
At the expiry of the suspension period the Distributor shall be reinstated to good standing with the Company or where the suspension is for violation of Policies and Procedures (See Section 26) the Distributor Agreement may be terminated in accordance with Section 28.
The Distributor Agreement shall be effective from the date of acceptance by Tianshi, by issue of a Distributor ID Number, for one (1) full year. It may be renewed by the Distributor and Tianshi according to the terms of the Distributor Agreement provided that the Distributor Agreement may be terminated by Tianshi by seven (7) days notice in writing for any breach of its provisions or violation of any of the Policies and Procedures which is proven or not refuted in accordance with the procedure set out in Section 26, or by either party with or without cause or reason at any time during the initial term or any renewal term upon not less than thirty (30) days written notice.
Tianshi may terminate the Agreement if (for example) the Distributor:
” provides false information to Tianshi in any respect in relation to the Distributor Agreement (including the Distributor not signing the agreement himself);
” seriously breaches the Agreement, this manual and/or the policies and procedures;
” commits any breach which Tianshi has requested be rectified, but which has failed to be so rectify within the period specified; and/or
” is convicted of any crime or breach of any laws and regulations of the Distributor’s country of residence involving moral turpitude on his part, or becomes liable to any term of imprisonment.
A notification of termination will be sent to the latest address for the Distributor held by Tianshi, state details of the violation and state the date termination is effective. It will also specify a Distributors right to appeal the decision by contacting the Appeals Committee, in accordance with Section 29.
A Distributor who has terminated his Distributor Agreement or whose Distributor Agreement has been terminated by Tianshi must wait six (6) months from the date of termination before reapplying to become a Tianshi Distributor. The right of a terminated Distributor to receive compensation from Tianshi ceases immediately from the date of the termination.
A terminated Distributor must stop sponsoring Tianshi Distributors, using Tianshi promotional materials, trademarks, trade names, service marks, logos and colour schemes representing himself as a Tianshi Distributor, attending Tianshi meetings, or act in any way which may be adverse to the business of Tianshi or its Distributors.
On termination of the Distributor Agreement the existing Downline of the Distributor moves up. Notwithstanding the foregoing Tianshi reserves the right, following the Distributor’s termination for whatever reason to hold open his Distributor position. Upon termination of the Distributor Agreement, all genealogy reports in the possession of the Distributor shall be returned to Tianshi.
The Distributor must stop using all Tianshi trademarks and no longer introduce himself as a Tianshi Distributor. Upon termination the Distributor will also lose his status and honours accordingly.
9. REVIEW BY APPEALS COMMITTEE
A Distributor who is being monitored or disciplined or who has been terminated, can write to his local Appeals Committee to review the decision within fourteen (14) working days after receiving notification from Tianshi.
The Distributor must provide relevant evidence as and when requested by the Committee. The Committee will decide upon the strength of the evidence provided. The Distributor will be provided with a copy of any evidence sent by the Tianshi Corporation to the Committee with regard to the matter.
The Committee will advise the Tianshi Corporation of its decision with regard to maintaining, cancelling or amending the decision. However, the Tianshi Corporation will have the final say with regard to the termination of a Distributor. The Committee will notify the Distributor of its final decision and any measures, actions, and /or reasons associated with it.
10. TIANSHI PRODUCT REPURCHASE POLICY
The Distributor Agreement may be terminated by Tianshi or the Distributor with or without cause or reason at any time upon not less than fourteen (14) calendar days written notice or by Tianshi at its sole discretion by seven (7) calendar days notice in writing for any breach of its provisions or violation of any of the Policies and Procedures, the procedure for such termination to be in accordance with the provisions set out in section 28 of these Policies and Procedures.
The Distributor has the right within a period of 14 (fourteen) days, of entering into the Agreement to cancel the Agreement without penalty by written notice of termination and to return the Starter Kit and any products purchased within that period and which remain unsold provided that such unsold goods are in the condition in which they were in at the time of purchase, (whether or not their external wrappings have been broken) and to require Tianshi to refund an amount equal to 100% of any monies paid in respect of such Starter Kit and products.
Except where the obligation on the Distributor is specified to apply after termination of the Agreement in respect of non-competition in accordance with the Agreement, the Distributor shall be released from all future contractual liabilities toward Tianshi on termination of the Agreement at any time.
11. TIANSHI PRODUCT REPURCHASE POLICY – Where the Distributor terminates the Agreement
Where the Distributor terminates the Agreement more than fourteen (14) days after entering into it, the Distributor shall have the right to return to Tianshi any products the Distributor has purchased within a period of ninety (90) days prior to such termination and which remain unsold and to receive from Tianshi the following:
a. where the Distributor has terminated the Agreement, the price (inclusive of VAT) which the Distributor paid for the products, less
(i) in the case of any products, the condition of which has deteriorated due to an act or default on the part of the Distributor, an amount equal to the diminution in their value resulting from such deterioration; and
(ii) a reasonable handling charge;
b. where Tianshi has terminated the Agreement, the price (inclusive of VAT) that the Distributor paid for the products, together with any costs incurred by the Distributor for returning the products to the Company;
c. any such refund shall be on terms whereby the purchase price is payable upon delivery of the products or if the products are already held by Tianshi forthwith; and:
d. any such refund shall be on terms whereby the products not already held by Tianshi will be delivered within twenty one (21) days of such termination at Tianshi’s expense to the address set out in the Agreement.
Tianshi shall be entitled to request proof of ownership, e.g. sale receipts for the products that the Distributor requires Tianshi to buy back in accordance with the Agreement.
12. TIANSHI PRODUCT REPURCHASE POLICY – Where the Distributor or Tianshi terminates the Agreement
Where either the Distributor or Tianshi terminates the Agreement more than fourteen (14) days after entering into the Agreement, the Distributor shall have the right to return to Tianshi any products the Distributor has purchased more than ninety (90) days but within one (1) year prior to such termination and which remain unsold and to receive from Tianshi ninety per cent (90%) of the price (inclusive of VAT) paid by the Distributor for the purchase of those products, less:
(i) an amount equal to any commission, bonuses or other benefits (in cash or in kind) received by the Distributor in respect of those products;
(ii) any amounts due from the Distributor to Tianshi on any account; and
(iii) a reasonable handling charge, provided that such products have not been purchased or acquired by the Distributor in breach of the Agreement, the Distributor returns such product to Tianshi in an unused commercially resalable condition not more than fourteen (14) days after the date of termination, and Tianshi did not clearly inform the Distributor that the items were seasonal, discontinued or special promotion products which were not to be subject to the provisions of this section 32 of the Policies and Procedures.
13. TIANSHI PRODUCT REPURCHASE POLICY – Bonuses and Commissions
The Distributor understands and agrees that Bonuses or Commissions paid within the preceding one hundred and twenty (120) days on products returned by Distributors, in his Downline, may be deducted from his account with the Company at any time where a Distributor in his Downline terminates his Agreement or is terminated by Tianshi.
On a regular basis, Tianshi will provide customer information, financial information and other information and reports regarding the Distributor’s Downline, product turnover and product compilation.
This information is strictly confidential and is the express property of Tianshi, and is imparted to the Distributor in good faith. The Distributor agrees that he will not use or disclose or permit the use or disclosure of such information either directly or indirectly to any third party. The Distributor and Tianshi agree that such confidential information would not be made available to the Distributor in the absence of such confidentiality agreement as decided by Tianshi.
15. DATA PROTECTION
This policy describes Tianshi’s duty of care in relation to the collection and use of data, and in relation to Distributors with regard to the data that is held by it. In this respect, Tianshi is committed to:
” Obtaining and processing personal data or the information constituting personal data fairly;
” Ensuring personal data is accurate and, where necessary, kept up-to-date;
” Keeping personal data for only one or more specified lawful purpose;
” Not using or disclosing personal data in any manner incompatible with such lawful purpose;
” Ensuring that personal data is adequate, relevant and not excessive in relation to such purposes;
” Not keeping personal data for longer than is necessary for such purposes; and
” Taking appropriate security measures against unauthorised access or alteration, disclosure or destruction of personal data and against any accidental damage, loss or destruction.
The Distributor acknowledges that he has been informed by Tianshi that the information which he gives to Tianshi (including information relating to himself, his address and other details) will be retained by Tianshi on a computer database and will be used by Tianshi for the purposes of calculating the marketing commissions payable and for the performance of the Tianshi business.
The Distributor also acknowledges that Tianshi may disclose this information in connection with such purposes to other members of Tianshi, which may be situated inside or outside the EU and to other persons and, in particular, may disclose it to other Distributors as part of Tianshi’s Genealogies. The Distributor consents to Tianshi retaining, processing and disclosing the information referred to as set out above.
If at any time any term or provision in these Policies and Procedures shall be held to be illegal, invalid or unenforceable in whole or in part under any rule of law or enactment such term or provision or part shall to that extent be deemed not to form part of these Policies and Procedures but the enforceability of the remainder of these Policies and Procedures shall not be affected.
Tianshi shall not be responsible for delays and failures in performances , where performance is made commercially impracticable due to any circumstance beyond Tianshi’s reasonable control. This includes, without limitation, strikes, labour difficulties, riot, war, fire, death, curtailment of Tianshi’s usual source of supply, and/or government decrees or orders.
All notices to be given pursuant to the Distributor Agreement and the Policies and Procedures shall be deemed to have been properly given by:
a. Sending the notice by first class post addressed to the Distributor at the last address on file with Tianshi or to Tianshi at its registered office or its principal offices in the United Kingdom; or
b. Delivery by hand, or by a recognised overnight delivery service.
Tianshi expressly reserves the right to make alterations or amendments to prices, to the Distributor Agreement, to the Policies and Procedures and to the Compensation Plan. Where the alteration is to the determent of the Distributor, prior notice shall be given by means of a notice on Tianshi’s web site.
Failure of Tianshi to exercise any rights stated in the Distributor Agreement, this manual, the Policies and Procedures and other relevant documentation shall not constitute a waiver of Tianshi’s right to demand exact compliance therewith and waiver by Tianshi of any breach in such documentation shall not constitute a waiver of any prior, concurrent, or subsequent breach by the Distributor.
21. GOVERNING LAW
The terms and provisions of the Distributor Agreement, this manual, the Compensation Plan and the Policies and Procedures and all other relevant documentation and any dispute arising there under shall be governed by English law and the Distributor and Tianshi hereby submit to the jurisdiction of the English Courts.