Terms and Conditions Avon Malaysia
THIS AGREEMENT is made between YOU ("you" or "the Representative") and AVON COSMETICS (MALAYSIA) SDN BHD (12757-D) ("Avon"). It comes into force at the moment when you check the box, to confirm that you have read, understood and accepted the terms of it.
The Representative must be over eighteen years of age and must ensure that his/her details, as provided to Avon on registration or at any time subsequently, are correct, complete and up to date.
2. Cooling Off:
a. Representative may withdraw her/his application for registration as a Representative for any reason within ten (10) working days from the date of this Contract ("Cooling Off Period") by giving a written notice to Avon and Avon shall refund without interest the registration fee (if any) that has been paid by the Representative within ten (10) working days from the date of receipt of such withdrawal notice.
b. During the Cooling off Period, Representative may also return the products to Avon for a refund provided that the products are returned in the same condition as supplied by Avon. Any free gifts received for registration shall also be returned to Avon.
3. Representative Discount
The Representative is entitled to a discount on Avon's recommended retail prices for its products. Details of the discount structure and entitlement in force from time to time can be found on the Frequently Asked Questions section of the Representative website
4. Ordering Products
The Representative's orders for Avon products must be placed in accordance with procedures established by Avon. Details of the procedures in force from time to time, as well as product prices, delivery details and carrier charges, can all be found on the Place an Order section of the Representative website. Avon will confirm receipt of orders submitted by the Representative. However each order remains subject to acceptance by Avon, which only takes place when an invoice is issued to the Representative for the products in question, at which point the purchase contract is made.
Avon takes care to ensure that prices shown on this website are accurate. However prices may change from time to time and the correct price will be applied when the Representative selects an item, adds it to his/her shopping basket and proceeds to the checkout.
All orders for Avon products are subject to availability and if an accepted order cannot be fulfilled, Avon's Substitutions Policy applies. Details of Avon's Substitutions Policy can be found on the Place an Order section of the Representative website.
5. Electronic Communications
The Representative expressly authorises Avon to issue communications and invoices electronically and agrees that they will satisfy any legal requirements that such communications or invoices be in writing.
6. Payment for Products
Avon's invoices are payable by the Representative within 14 days of the date on which they are issued. Details of payment methods accepted by Avon can be found on the Make a Payment section of the Representative website. In the event of non-payment by the due date Avon reserves the right to withhold any further deliveries and to charge interest on overdue balances at the rate of 0.2% per month. Overdue balances may also be referred to debt collection agencies or other third parties for collection on Avon's behalf and the Representative will be responsible for all additional collection costs thereby incurred.
7. Independent Representative
a. Representative agrees that she/he is an independent representative and not an employee nor agent nor partner of Avon and has no authority to bind Avon contractually nor to incur any liability on behalf of Avon.
b. Representative 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 Avon business or activities.
8. Representative's Business Activities
The Representative is under no obligation to resell any of the products that he/she purchases from Avon. However if the Representative does choose to resell Avon products, he/she undertakes to act at all times in a professional and honest manner and to follow the standards and principles of behavior as set forth in any Rules or Codes of Conduct issued by the Malaysian Direct Selling Association and the provisions of the Direct Sales Act or the Ministry of Domestic Trade & Consumer Affairs. The Representative will also be solely responsible for obtaining any necessary licensees or permits and for paying all liabilities associated with his/her business activities including but not limited to tax, social security, health and pension insurance liabilities.
9. Data Protection
10. Password and Security
The Representative's rights and obligations under this Representative Agreement may not be assigned, sub-licensed or otherwise transferred. The Representative is entirely responsible for maintaining the confidentiality of his/her account and the password that he/she has created, which must not be disclosed or shared with anyone. The Representative will be responsible for all activities and orders that occur or are submitted under his/her account or password and the Representative must notify Avon immediately of any unauthorised use of the account or password or any other breach of security.
11. Use of the www.my.avon.com Website
By using the www.my.avon.com website the Representative accepts and agrees to be bound by the Terms and Conditions of Use of the website and by all other terms and conditions, policies, procedures and/or rules posted on it by Avon from time to time, all of which are deemed to be an integral part of this Representative Agreement and to govern the relationship between the Representative and Avon.
Avon, in its sole discretion, may make changes to the Avonfi.com website and to any of the contents thereof by posting such changes online. The Representative should ensure his/her awareness of such changes by regularly checking his/her e-mails and regularly reviewing the website. Continued use of the website following any change constitutes acceptance of the change and agreement by the Representative to be bound by it.
If any provision of this Representative Agreement shall be unlawful, void or for any reason unenforceable, the invalidity of that provision will not affect the validity and enforceability of the remaining provisions.
The failure of Avon to take any action in respect of a breach of any of the provisions of this Representative Agreement shall not constitute a waiver of their enforceability and Avon at all times reserves its rights in respect of the provisions of this Representative Agreement.
Avon reserves the right to amend the terms and conditions herein, including Avon's policies, procedures or guidelines at any time by giving the Representative written notice to the Representative's address on record. If Representative has signed up to conduct her/his activities online or has provided Avon with an email address, Representative expressly authorizes Avon to issue communications and invoices electronically, by email to the Representative or by posting messages or notices on Avon's website, and any such communication shall be deemed appropriate as written notice
In addition to any statutory right which the Representative may have to withdraw from this Agreement, this Agreement may be terminated at any time by either party giving written notice of termination to the other party.
This Agreement has been drawn up in English. In case of discrepancies between the texts in different languages, the English language text shall prevail.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with Malaysian law and any disputes will be decided only by the Malaysian courts.
Details of Avon:
Avon Cosmetics (Malaysia) Sdn Bhd (12757-D) (AJL No: 93001), Lot 13A, Jalan 219, Seksyen 51A, 46100, Petaling Jaya, Selangor, Malaysia