Terms And Conditions
Terms and Conditions Avon Malaysia
THIS REPRESENTATIVE AGREEMENT is made between YOU ("you" or "the Representative") and AVON COSMETICS (MALAYSIA) SDN BHD (Registration No. 197201001153 (12757-D)) ("Avon") (“Representative Agreement”). It comes into force at the moment when you check the box, to confirm that you have read, understood and accepted this Representative Agreement and its terms and conditions and shall constitute your agreement to be bound by this Representative Agreement and its terms and conditions.
1. Eligibility
The Representative must be a Malaysian of eighteen (18) years of age and above and must ensure that his/her details, as provided to Avon on registration or at any time subsequently, are correct, accurate, complete, and up to date. Any foreign national (who is not a citizen of Malaysia) residing in Malaysia with a proper documentation satisfactory to Avon, may be an Avon’s representative but subject to the sole discretion of Avon. The Representative hereby confirms that he/she is eighteen (18) years of age and above at the time he/she entered into this Representative Agreement.
2. Cooling-Off:
a. The Representative may withdraw his/her application for registration as a representative of Avon for any reason within ten (10) working days from the date of this Representative Agreement ("Cooling-Off Period") by giving a written notice to Avon and Avon shall, subject to the return of the products and the free gifts referred to in (b) below, 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, the 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 in the same condition as supplied by Avon.
c. Where a written notice is given pursuant to (a) above, this Representative Agreement shall be deemed to have been rescinded by mutual consent and never to have had effect.
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 the Representative 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 as is required to formalize that such communications or invoices are in writing.
6. Payment for Products
There are two (2) types of Avon’s representatives namely, a cash representative and a credit representative in accordance with the criteria as determined by Avon. In respect of a credit representative, in the event of non-payment of the invoice(s) by the due date stipulated in the invoice(s), Avon reserves the right to withhold any deliveries and is entitled to charge the Representative a monthly interest on overdue balances at any time and from time to time at the rate to be determined by Avon at its sole and absolute discretion, which rate shall be stated in the said invoice(s). 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. The Representative agrees that he/she 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. The Representative agrees that he/she shall be responsible for compliance with all matters associated with the status of self-employed individual including payment of all taxes, pensions, insurance contributions or other business expenses and shall possess all licenses, permits, insurances and/or registrations at his/her 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 chooses to resell the Avon products, he/she hereby 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 and Anti-Pyramid Scheme Act 1993 and/or imposed by 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
The Representative hereby expressly consents to his/her personal details being held and processed (including processing by automatic means) by Avon and its authorised third parties in the manner stipulated in Avon’s Privacy Policy and Security Statement (which can be found on the Representative website), for the purpose of serving the Representative as an Avon’s representative, including satisfying orders for Avon products, as well as for the purposes of direct marketing, promotions, incentives, business updates, the collection of statistical information, credit checking, fraud prevention and debt collection. Avon's privacy policy and the Representative's rights as a personal data subject are contained in Avon's Privacy Policy and Security Statement.
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 https://shop.avon.my/ Website
By using the https://shop.avon.my/ website (“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, at its sole discretion, may make changes to the 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 emails 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. The Representative acknowledges that he/she shall be solely responsible for the safety of his/her own password to access the Website and shall promptly notify Avon (in writing) should he/she notice any unusual activities.
12. Enforceability
If any provision of this Representative Agreement shall be unlawful, void or for any reason unenforceable, the same will be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability and 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 be constituted as 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 and/or guidelines at any time by giving the Representative written notice addressed to the Representative's address on record. If the Representative has signed up to conduct his/her activities online or has provided Avon with an email address, the Representative hereby expressly authorises Avon to issue any communications and invoices electronically, by email to the Representative or by posting messages or notices on the Website, and any such communication shall be deemed appropriate as a written notice.
13. Termination
In addition to any statutory right which the Representative may have to withdraw from this Representative Agreement, this Representative Agreement may be terminated at any time by either party by giving written notice of termination to the other party. For the avoidance of doubt, Avon reserves its right to terminate the Representative without prior notice and with immediate effect as a result of breach of any of the provisions contained in this term and conditions and/or if the Representative is a dormant agent after a continuous period of twelve (12) months from the last purchase month of any Avon’s products by the Representative.
14. Language
This Agreement has been drawn up in English. In case of discrepancies between the texts in different languages, the English language text shall prevail.
15. Governing Law and Jurisdiction
This Representative 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 (Registration No. 197201001153 (12757-D)) (AJL No.: 93001),
Unit 6-1, Level 6, Tower 2B, UOA Business Park, No.1, Jalan Pengaturcara U1/51A, Seksyen U1,
40150 Shah Alam Selangor, Malaysia