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Fwd: The Body Shop at Home Terms and Conditions

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Begin forwarded message:

From: <noreply@thebodyshop.com.au>
Date: October 29, 2015 at 5:55:32 PM MST
To: <holly_rea@hotmail.com>
Subject: The Body Shop at Home Terms and Conditions

Your Terms and conditions

Dear Holly,

For your reference, included is a copy of The Terms and Conditions you have agreed to.

WHEREBY IT IS AGREED AS FOLLOWS:

1. Background
1.1
TBS has developed a unique and distinctive system relating to the establishment and operation of retail shops selling skin care, hair care and cosmetic products ("the products") all of which are identified by the mark "The Body Shop".
1.2
In addition to the normal retail business, TBS trading as "The Body Shop At Home" sells a selected range of its products ("the products") to independent persons (called Consultants) whom it authorises to on sell the products to consumers by the party plan system of selling at home held parties ("parties").
2. Appointment

TBS hereby appoints the Consultant, subject to the undermentioned terms and conditions, as a person who may purchase the products from TBS and, on the Consultant’s own account, re-sell the products at parties anywhere in the Commonwealth of Australia ("the territory").

3. TBS agrees that
3.1
The Consultant may (but is not under any obligation to) purchase the products from TBS at the prices from time to time fixed by TBS in relation to its Consultants generally (which are being at a discount off TBS’s recommended retail GST inclusive prices).
3.2
In addition to the discount off the recommended retail prices, TBS will pay to the Consultant such discounts and/or bonuses (if any) from time to time specified by TBS in relation to its consultants generally.
3.3
All products purchased by the Consultant from TBS (except for any which are personally used by the Consultant) may only be resold under the party plan system within the Territory.
3.4
The Consultant is an independent contractor in business for themselves and as such is free to select their own means, method and manner of operation and to choose the hours during which they will conduct their activities as a The Body Shop At Home Consultant, TBS neither has, nor retains, any right of control over the Consultant.
3.5
TBS will sell to the Consultant and the Consultant will purchase from TBS a kit containing a sample range of the products (at a discount off TBS’s recommended retail prices), sales aids, stationery and literature, for sales promotion and demonstration purposes ("a starter kit") and other kits and products, if the Consultant requests, as may be available from time to time.
3.6
TBS will provide a short training course to provide the Consultant with knowledge of the products and to facilitate the sale of products by the Consultant.
3.7
The Consultant may terminate this Agreement at any time by notice in writing to TBS.
4. The Consultant agrees that
4.1
The Consultant may only solicit and take orders for the sale of the products on a direct selling basis at parties held within the Territory. The Consultant must not solicit or take orders for the sale of other goods or services apart from the products at parties held in connection with this agreement, and must not seek to entice or solicit other consultants of TBS to participate in direct selling activities or opportunities offered by other organisations with whom the Consultant is affiliated.
4.2
The Consultant must not solicit orders for or sell any of the products at any retail store, market or other retail outlet or in any public place, or via eBay or any other on-line or web based trading site.
4.3
The Consultant sells the products on their own account and not as an agent for TBS.
4.4
All orders placed by the Consultant for purchases of the products shall be submitted to TBS at its central warehouse at Mulgrave, Victoria, Australia.
4.5
The Consultant will send or cause to be sent to TBS with each order submitted by the Consultant to TBS (or within such period thereafter as TBS may, from time to time, allow) credit card payment authorisation covering the price of the products ordered.
4.6
If, for any reason, in respect of any products originally sold by TBS to the Consultant, TBS gives to a consumer a refund of the whole or any part of the price paid by the consumer, TBS may require the Consultant to reimburse TBS the amount which it has refunded to the consumer.
4.7
TBS may impose prohibitions or restrictions on the use of its corporate name, business names, trademarks and trade names and on advertising by the Consultant in order to protect TBS’s rights, reputation and image.
4.8
TBS reserves the right to promote and sell the products through The Body Shop retail system, on-line, or in any other way, either itself or through its franchisees, licensees, employees or other Consultants; to add to, delete from or recall any of the products at any time; to open any retail shops or other selling outlets; and to authorise other Consultants to buy and resell the products.
4.9
Before commencing any activities as a Consultant the Consultant will at the Consultant’s own cost and expense, and without being paid for doing so, attend a TBS run training course to provide the Consultant with knowledge of the products and to provide the Consultant with advice and recommendations as to how to sell the products.
4.10
The Consultant is an independent contractor and not an employee of TBS, and is not for any purpose to be regarded as such; the Consultant is not and will not hold themselves out as being an agent of TBS for any purpose; the Consultant will bear all costs and expenses incurred by them in connection with their activities as a Consultant, the Consultant will indemnify and keep TBS indemnified against all actions, proceedings, liabilities, claims, damages, costs and expenses arising out of or in any way relating to the Consultant’s activities, except such as relate to the inherent quality and fitness of the products for which TBS agrees it is responsible.
4.11
The Consultant will not make, give or offer any representation, warranty, or guarantee in respect of the products other than those which are set out in TBS’s literature.
4.12
TBS may terminate this agreement at any time by providing three months notice in writing to the Consultant at the Consultant's address last known to TBS.
4.13
TBS may terminate this agreement with immediate effect by notice, in writing to the Consultant at the Consultant’s address last known to TBS; if:
4.13.1
The Consultant does anything which is contrary to TBS’s best interests; or
4.13.2
The Consultant does not, in the relevant period, purchase and pay for products having a recommended retail value equal to the minimum qualification value specified by TBS from time to time in relation to its consultants generally.
4.14
The Consultant consents to the transfer by TBS of the personal information to their sponsor and/or any person in their sponsor’s upline organisation.
4.15
The Consultant must ensure that the Consultant and any personnel engaged by them to conduct or assist in conducting their activities as a Consultant will, in the course of and after fulfilling its obligations hereunder:
 
- Use personal information collected and held by them in connection with this Agreement only for the purpose of seeking orders and selling the products of TBS;
 
- Take all reasonable measures to ensure that the said personal information is protected against loss, unauthorised access, use, modifications and disclosure;
 
- At the time of collecting personal information ensure that all persons from whom personal information is collected are aware of, and consent, to the purposes for which the information is to be used.
4.16
If the Consultant is registered for GST purposes, then the Consultant will, at TBS’ option, enter into an agreement with TBS to enable TBS to issue recipient created tax invoices in respect of taxable supplies by the Consultant to TBS under this Agreement.
4.17
If this Agreement is terminated for any reason, the Consultant must immediately upon request by TBS return to TBS all non-marketable sales aids, consultant manuals and other printed materials and literature furnished or made available by TBS for the exclusive use of its Consultants, and do such other acts and things as TBS may reasonably require to eliminate any identification or representation of the Consultant as a consultant associated with TBS.
4.18
On termination, TBS reserves the right to repurchase any marketable sales aids, sales kits and other marketable inventory in the possession of the Consultant and ordered by the Consultant prior to the date of termination at not less than 90% of the amount paid for the inventory by the Consultant, less appropriate setoffs and legal claims, if any.
4.19
The termination of this Agreement will be without prejudice to one party’s rights and remedies relating to any breach of this Agreement by the other party where the breach occurred before termination of the Agreement.
4.20
The Consultant acknowledges that TBS may be legally obliged to withhold tax from payments otherwise due to the Consultant in circumstances where the Consultant is required but fails to provide TBS with the Consultant’s Australian Business Number (ABN). The Consultant must not make any claim against TBS in respect of amounts withheld.
The Consultant agrees that
5.1
This document constitutes the entire agreement between TBS and the Consultant and no representations or warranties have been made or given by TBS or any of its representatives to the Consultant other than those set forth in this Agreement. The terms of this Agreement can only be varied by written instrument signed by the Consultant and signed on the behalf of TBS. In particular, nothing contained in any TBS literature, manual or guide shall be capable of varying anything contained in this Agreement.
5.2
This Agreement shall be governed by the laws of the State of Victoria and any legal proceedings by either party against the other shall be instituted in the appropriate court in the City of Melbourne, Victoria.



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