Terms and Conditions
TERMS AND CONDITIONS
Nature’s Sunshine Products Inc. (‘the company’) which trades in the United Kingdom from
Unit 5, Hortonwood 32, Telford, Shropshire TF1 7YL is the promoter of this trading scheme in the United Kingdom.
The goods which are sold under this scheme are nutritional food products and natural cosmetics and related products supplied by the Company. Sales of these products are made by the Company’s Independent Distributors in the scheme as principals. The Distributor is under no financial obligation during the period of 12 months from the commencement date of this Agreement with the exception of placing at least one order every six months to keep the account open.
The applicant confirms that he/she has received a copy of this application form, the Policies & Procedures and the Marketing Plan, (which together constitute the entire agreement
between the parties) and has read, understands and accepts all of the terms and conditions contained within such documents.
1. The applicant must be 18 years of age or over.
2. This application is effective from the date of signing.
3. The Distributor may sell and promote the Company’s goods strictly in accordance with the terms and conditions as set out in this application, Policies & Procedures and Marketing Plan.
4. No fee or investment is necessary to join.
5. This membership expires annually on the anniversary of your application. To maintain your membership a renewal form must be completed and returned to Nature’s Sunshine’s UK Head Office before the anniversary date.
6. Failure to renew will result in a loss of membership including but not limited to, all rights and privileges, discounts, commissions and marketing organisation.
7. At each annual renewal the distributor shall agree to the then current Terms and Conditions, Policies & Procedures and Marketing Plan.
8. The Distributor is an independent contractor responsible for his/her own business, and is not an employee, partner, agent or joint venturer of or with the Company. The Distributor may not create or incur any liability and/or obligation of any kind in the name of Nature’s Sunshine.
9. The Company maintains the right to modify these Terms and Conditions, its Policies & Procedures, Marketing Plan, Product Prices and other literature at its discretion, and the distributor shall be bound by such changes.
10. Notification of such changes may be made specifically to the distributor, or generally through company literature.
TERMINATION
11. 1 Within 14 days of signing this Agreement the Distributor may cancel this Agreement by giving written notice of cancellation to the Company at its address as given overleaf, (or such alternative address as the company may specify) and;
11.1.1 recover from the Company any money which the Distributor has paid to or for the benefit of the Company or another Distributor in connection with the Distributor’s participation in this trading scheme; and;
11.1.2 return to the Company’s address (at the Distributor’s own cost) any goods which the Distributor has purchased under the trading scheme within such 14 day period, and which remains unsold and recover any monies paid in respect of such goods, provided that such goods remain in the condition in which they were in at the time of purchase (whether or not their external wrappings have been broken); and;
11.1.3 cancel any services which have been ordered under the trading scheme and may recover any monies paid in respect of such services, provided that such services have not yet been supplied to the Distributor.
11.2 The Company shall repay such monies within a reasonable period of time after the date of receipt of the notice of cancellation or receipt of the goods (as the case may be) and shall not be entitled to make a handling charge.
12.1 If the Distributor gives notice to terminate this Agreement more than 14 days after signing, the Distributor may return to the Company any goods which the Distributor has purchased under the scheme within 12 months prior to termination, and which remain unsold. The Company will pay the Distributor the price (inclusive of VAT) which the Distributor paid for the goods providing that the goods remain in the condition in which they were in at the time of purchase. Where the condition of such goods has deteriorated due to an act or default on the part of the Distributor, the Company will pay the Distributor the price (inclusive of VAT) which the Distributor has paid, less an amount equal to the diminution in their value resulting from such deterioration, and a reasonable handling charge (which may include the cost of repackaging returned goods for resale).
12.2 The Company reserves the right to terminate this agreement at any time, at its own discretion, by giving written notice to the Distributor. If the Company terminates this agreement the Distributor may return to the Company any goods which the Distributor has purchased under the scheme within 12 months prior to such termination, and which remain unsold, for a full refund of the price (inclusive of VAT) which the Distributor haspaid for them, together with any costs incurred by the Distributor for returning the goods to the Company. The Company will bear the cost of delivery of such goods to the Company.
13. In order to recover monies due to the Distributor under clauses 12.1 or 12.2 the Distributor must return the goods within 21 days of such termination to the Company’s address as specified in clause 11.1. The purchase price is payable to the Distributor on delivery of the goods, or forthwith if the goods are already held by the Company.
14.1 If this agreement is terminated for any reason, the Distributor will have the right to be released from all future contractual liabilities toward the Company in relation to this trading scheme except:
a) liabilities relating to payments made to the Distributor under contracts which the Distributor has made as an agent for the Company (if any);
and
b) any liability to pay the price of goods or services already supplied to the Distributor by the Company where the Distributor has not returned such goods to the Company in accordance with clauses 11.1, 12.1 and 12.2.
c) the provisions of the Policies & Procedures, section ‘Distributor Restrictions’, which relate to competition with the business of the Company after termination of this Agreement and which shall remain in force after the date of termination; and
d) any liability to refund commission under clause 15.1; and
e) the provisions of the Policies and Procedures, section ‘Confidentiality’
15.1 On termination of this agreement, for whatever reason, the Distributor shall be entitled to retain any commission paid to the Distributor in accordance with this Agreement unless:
a) the commission was paid in respect of goods returned to the Company (or another distributor who paid the commission):
b) the Company has refunded any monies due to the Distributor in accordance with clauses 11.1, 12.1, 12.2 and 14.1; and
c) repayment of the commission is claimed within 120 days of the date of having been made, in which case the Distributor shall repay such commission to the Company forthwith on demand, or the Company may offset the amount of such commission against amounts
due from it to the Distributor.
16. Any notice given under this termination clause, which is given by first class post to the address of the parties set out overleaf, or to such other address as shall have been notified from time to time in writing by one party or another, shall result in the period of notice commencing to run from the day when such notice is posted.
17. The Distributor may not promote or sell to existing distributors or prospective distributors any products, services or business opportunities not directly associated with NSP whether at any of NSP’s presentations, meetings, training events or otherwise.
18. The Distributor agrees to conduct themselves in an ethical manner and not bring the company or its Distributors into disrepute.