1. Return Procedures
Every Distributor, or online or Preferred Customer, as the case may be, must comply with the following procedures when returning Products for a replacement, exchange, or refund.
- Contact Customer Service by submitting a ticket through the Distributor’s Office or calling Customer Service to obtain a Return Merchandise Authorization (RMA) number prior to returning the Product.
- Pack and ship the Products to Company. Proper shipping carton(s) and packing material are to be used and the best and most economical means of shipping is suggested. Any package received without the RMA clearly visible on the package exterior may be refused.
2. Returns for Online Sales Made to All Distributors
- Guarantee. Company offers an unconditional fourteen (14) day money back guarantee for the initial Product order and Starter Kit to Distributors. If, for any reason, Distributors are dissatisfied with any Product, he/she may return the Product to Company within fourteen (14) days for a replacement, exchange or full refund of the purchase price (less shipping expenses).
- Procedures for Refund. In addition to the requirements in Section 2.1 above:
a. The Distributor on whose account the sale was made must pay the shipping costs for returning the Product;
b. The Product must be received by Company within ten (10) calendar days from the date the RMA is issued.
c. Orders made after fourteen (14) days are subject to Sections 3 below.
3. Resignation Returns and Refunds
When terminating the Agreement, a Distributor may return Currently Marketable Product for a refund if purchased within twelve (12) months prior to the request for refund. No returns will be allowed 12 months after the Distributor receives the Products. Because Starter Kits are virtual and the fee is for the Office service only, Company will pro-rate the refund of the Kit.
- “Currently Marketable” means that the Products and/or Kit to be returned are in a resalable condition. Additionally, excluded from Currently Marketable Products are those Products whose commercially reasonable shelf life period has passed as well as Products for which Company disclosed prior to purchase as being seasonal, discontinued, or special promotion Products and not subject to the repurchase obligation.
- Restocking Fee. A ten percent (10%) restocking fee shall be charged for authorized returns. The refund amount shall be ninety percent (90%) of the original net purchase price.
- Shipping Costs. The Distributor shall assume the costs of returning the Products to Company. The shipping and handling charges incurred by the Distributor when the Products were purchased will not be refunded. The shipping and handling charges incurred by the Company when the Products were purchased will be deducted from the refund amount.
- Non-Compliance. In the event that the returned Products do not meet the conditions for return, such merchandise will be held for up to fourteen (14) days, during which time the Distributor should comply with the return procedures in order to receive the refund. If after the fourteen (14) days the conditions have not been met or a return has not been requested, Company may destroy such inventory without further compensation to that Distributor.
- Resignation. Any request for refund of Products shall be deemed a voluntary resignation of the Agreement.
4. NFR Markets
Products purchased through the Company NFR program must be returned within ninety (90) days of purchase.
- Procedures. The refund procedures in Appendix I apply.
- Costs. The Distributor shall assume the costs of returning the Products to Company. The shipping and handling costs incurred by the Distributor when the Products were purchased will not be refunded. Company will pay the shipping and handling costs for replacement Products.
- Refund to Same Source. Refunds will be issued in the same manner that payment was received. This means that if a credit card was used to place the order, the reimbursement will be issued back to that same card. If the payment was made by check, the refund will be issued in the form of a check.
5. Refusal of Delivery
Should a Distributor refuse delivery of a Company shipment that is the Distributor’s first order, Company will follow its one hundred percent (100%) guarantee policy in section Appendix I- 3.1. For all other orders from Distributors, Company will treat the refusal as a Resignation Return per section Appendix I- 5 above.
Except as expressly stated on the product labeling, company makes no warranty or representation, express or implied, as to the merchantability, fitness for a particular purpose, workmanship, non-infringement or any other warranty arising by law, statute, usage of trade or course of dealing concerning any product or service purchased from or through company. To the maximum extent permitted by applicable law, all products and services of company are provided “as is,” “with all faults,” and “as available.” company does not warrant that its products or services will be compatible with any hardware or software systems or that on-line services will be uninterrupted or error-free. Company does not warrant that any website operated, sponsored or hosted by company or any of its affiliates will be uninterrupted or free from error. Company is not responsible for interrupted, inaccessible or unavailable networks, server, satellites and/or service providers; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures or difficulties.
- The following only applies to Distributors who are residents of Georgia, Louisiana, Massachusetts, Wyoming, Montana, and other states that may specifically require the following: A Distributor in this Agreement has the right to cancel at any time regardless of reason. Cancellation must be submitted in writing to Company either by postal delivery, fax or through email.
- If the Distributor had purchased product for administrative services while this Agreement was in effect, taking into consideration any sales made by or through such Distributor prior to the notification to Company of the election to cancel, Company shall repurchase all Product and marketing material in reasonable, resalable, or reusable condition that was acquired by the Distributor from Company. Such repurchase shall be at a price of no less than ninety percent (90%) of the original cost minus any freight charges and Rewards granted to that Distributor.
- The repayment of all administrative fees and services shall be at not less than ninety percent (90%) of the cost to the Distributor of such fees and services and shall reflect all administrative services that have not, at the time of resignation, been provided to the Distributor. Company shall further refund not less than ninety percent (90%) of the cost to the Distributor of any other consideration paid by the Distributor in order to participate in the program. The Distributor will be held responsible for all shipping expenses incurred in returning sales aids or Products to Company.
You can cancel this purchase at any time prior to midnight of the third (3-rd) business day after the date of this purchase.
See the Notice below. After this 3-day, you are still protected by this Refund Policy.
Only complete if you intend to cancel this transaction.
NOTICE OF CANCELLATION
FEDERAL AND STATE LAW: Regulations require that we print the following Notice of Cancellation. Refund Policy provides you greater protection than the law requires.
Date of Transaction: __ / /
You may CANCEL this transaction, without any negative consequences, within THREE BUSINESS DAYS from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed copy of this Cancellation Notice or any other written notice, or send a telegram to:
Ness Goods, Inc.
15288 El Prado Road
Chino Hills, CA 91710
NOT LATER THAN MIDNIGHT OF: / / (Date: 3 days after date of order) I HEREBY CANCEL THIS TRANSACTION:
Distributor ID ______________