Cancellation & Refund Policy
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/her notice of the right to cancel the transaction, and in all other respects comply with applicable consumer protection legislation. Tiens produce retail sales receipt forms, which can be used for this.
2. SALES AND DELIVERY CONDITIONS
All deliveries of products by Tiens are in accordance with the conditions below. The supply of services promoted by Tiens shall be Tiens 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 Tiens as valid on submission of written confirmation signed by an authorised signatory of Tiens.
b. Product/Service Range, Prices and Alterations:
All Tiens 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, Tiens 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 Australian or New Zealand Dollars (where specified) and include packaging.
Where no specific and binding delivery/supply date has been agreed, all delivery/supply dates then set by Tiens 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 Tiens warehouse or when the Distributor has been notified that the goods are ready for dispatch prior to the date agreed. Shipment is normally by Tiens regular carrier/s. 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 Australia and New Zealand. 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 Tiens head office.
Payment for product/service orders may be made by credit card, or bank account debit.
i) 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 Tiens who will replace the product or refund to the Distributor the wholesale price paid by the Distributor.
(i) Sale of products to the Distributor
Tiens liability arising in connection with the sale of goods to the Distributor shall be limited to:
” any liability which Tiens may have for death or personal injury resulting from Tiens negligence or willful misconduct; and
” repair or replacement of defective products.
Tiens shall not be liable in respect of any loss or damage of any kind which may arise in connection with products delivered by Tiens, greater than the price of the products in question
(ii) Sales to Consumers
Tiens holds product liability insurance, which provides Tiens and Distributors with protection against claims by consumers in respect of the supply of products and services. Tiens 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 Tiens to the Distributor.
3. RETURN AUTHORISATION NUMBER
Prior to return of stock for repurchase, the Distributor must contact Tiens Head Office 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 Tiens and will be returned to the Distributor at his/her 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 Tiens without reference to a Distributor, Tiens will endeavour to ascertain whether a Distributor initiated the contact with Tiens. If the Distributor did initiate the contact, the person making such enquiry will be requested to contact the Distributor in question.
6. POLICIES AND PROCEDURES VIOLATIONS
In order to protect the integrity of Tiens Distributor network and the business environment in which Tiens 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/her Upline to resolve the issue at a local level. If the matter cannot be resolved, it should be reported in writing to Tiens Head Office 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 and required by Tiens, in writing, to respond to the allegations within a period of ten working (10) days. On receipt of the Distributor’s response, the Tiens 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 Tiens.
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. The Distributor hereby agrees that where a breach of Policies and Procedures is determined, and a fine imposed, Tiens shall be entitled to deduct the amount of such fine from his account with Tiens.
The actions taken by Tiens 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 Tiens supervision) or should the Distributor fail to so organise, by Tiens itself. If the Distributor chooses to organise the training, he must submit a copy of the training programme to Tiens 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 Tiens. The Distributor who organises the training must also report the results of the training to Tiens in writing. Tiens 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 Tiens 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 Tiens during this period.
If Tiens decides that the monitoring and/or retraining has failed Tiens can either extend the period, take further corrective measures or stop the monitoring and/or retraining, and terminate the Agreement with the Distributor instead.
Tiens 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 Tiens. Appeals should be made to the Appeals Committee, which shall hear any such appeals once per calendar month.
Tiens 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, Tiens reserves the right in its sole discretion to determine the period of suspension. The right of a suspended Distributor to receive compensation from Tians ceases immediately from the date of suspension through to the end of the suspension period.
A suspended Distributor must cease selling Tiens products, sponsoring Tiens Distributors, using Tiens promotional materials, trademarks, trade names, service marks, logos and colour schemes, representing himself as a Distributor, attending Tiens meetings or act in any way, which may be adverse to the business of Tiens 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, the Distributor Agreement may be terminated.
The Distributor Agreement shall be effective from the date of acceptance by Tiens, by issue of a Distributor ID Number, for one (1) full year. It may be renewed by the Distributor and Tiens according to the terms of the Distributor Agreement provided that the Distributor Agreement may be terminated by Tiens 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, 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.
Tiens may terminate the Agreement if (for example) the Distributor:
” provides false information to Tiens 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 Tiens 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 Tiens, 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.
A Distributor who has terminated his Distributor Agreement or whose Distributor Agreement has been terminated by Tiens must wait six (6) months from the date of termination before reapplying to become a Tiens Distributor. The right of a terminated Distributor to receive compensation from Tiens ceases immediately from the date of the termination.
A terminated Distributor must stop sponsoring Tiens Distributors, using Tiens promotional materials, trademarks, trade names, service marks, logos and colour schemes representing himself as a Tiens Distributor, attending Tiens meetings, or act in any way which may be adverse to the business of Tiens or its Distributors.
On termination of the Distributor Agreement the existing Downline of the Distributor moves up. Notwithstanding the foregoing Tiens 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 Tiens.
The Distributor must stop using all Tiens trademarks and no longer introduce himself as a Tiens 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 Tiens.
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 Tiens Corporation to the Committee with regard to the matter.
The Committee will advise the Tiens Corporation of its decision with regard to maintaining, cancelling or amending the decision. However, the Tiens 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. TIENS PRODUCT REPURCHASE POLICY
The Distributor Agreement may be terminated by Tiens or the Distributor with or without cause or reason at any time upon not less than fourteen (14) calendar days written notice or by Tiens 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 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 Tiens 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 Tiens on termination of the Agreement at any time.
11. TIENS 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 Tiens 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 Tiens the following:
a. where the Distributor has terminated the Agreement, the price (inclusive of GST) 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 Tiens has terminated the Agreement, the price (inclusive of GST) 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 Tiens forthwith; and:
d. any such refund shall be on terms whereby the products not already held by Tiens will be delivered within Tiens one (21) days of such termination at Tiens expense to the address set out in the Agreement.
Tiens shall be entitled to request proof of ownership, e.g. sale receipts for the products that the Distributor requires Tiens to buy back in accordance with the Agreement.
12. TIENS PRODUCT REPURCHASE POLICY – Where the Distributor or Tiens terminates the Agreement
Where either the Distributor or Tiens terminates the Agreement more than fourteen (14) days after entering into the Agreement, the Distributor shall have the right to return to Tiens 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 Tiens ninety per cent (90%) of the price (inclusive of GST) 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 Tiens 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 Tiens in an unused commercially resalable condition not more than fourteen (14) days after the date of termination, and Tiens 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. TIENS 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 Tiens.
On a regular basis, Tiens 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 Tiens, 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 Tiens agree that such confidential information would not be made available to the Distributor in the absence of such confidentiality agreement as decided by Tiens.
15. DATA PROTECTION
This policy describes Tiens 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, Tiens 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 Tiens that the information which he gives to Tiens (including information relating to himself, his address and other details) will be retained by Tiens on a computer database and will be Tiens by Tien for the purposes of calculating the marketing commissions payable and for the performance of the Tiens business.
The Distributor also acknowledges that Tiens may disclose this information in connection with such purposes to other members of Tiens, which may be situated inside or outside Australia and or New Zealand and to other persons and, in particular, may disclose it to other Distributors as part of Tiens Genealogies. The Distributor consents to Tiens 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.
Tiens shall not be responsible for delays and failures in performances, where performance is made commercially impracticable due to any circumstance beyond Tiens reasonable control. This includes, without limitation, strikes, labour difficulties, riot, war, fire, death, curtailment of Tiens 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 Tiens or to Tiens at its registered office or its principal offices in Australia; or
b. Delivery by hand, or by a recognised overnight delivery service.
Tiens 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 Tiens web site.
Failure of Tiens 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 Tiens right to demand exact compliance therewith and waiver by Tiens 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 Australian law and the Distributor and Tiens hereby submit to the jurisdiction of the Australian Courts.