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AVON Philippines Website Terms and Conditions

Agreement to Terms and Conditions of Use; Modifications Thereto.
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this Website. By using this Website, you agree to be bound by the Terms and Conditions of Use.

Other portions of this Website may contain additional Terms and Conditions. By using such other parts of the Website, you agree to the applicable Terms and Conditions.

Avon Cosmetics, Inc. (“Avon,” “us,” or “we”), the owner of this Website, reserves the right to change this Agreement, in whole or in part, from time to time at its sole discretion, and to provide you with notice of such change by any reasonable means. Therefore, you are asked to always check this Agreement prior to using the Website. By continuing to use the Website following the posting of changes to this Agreement, you agree to accept the changes.

Ownership of Website; Copyright and Trademarks.
This Website is owned and operated by AVON and the contents are copyrighted under applicable copyright laws. You may not copy, reproduce, distribute, transmit, display, perform, publish, upload, license, create derivative works from, transfer, or sell any information or material obtained from this Website.

"AVON" and the other AVON trademarks, trade names, service marks and logos appearing on this AVON Website are proprietary trademarks of AVON. The use or copying of any of our trademarks or any other content made available through this AVON Website, except as expressly provided in this Agreement, is strictly prohibited.

Registration to Use the Website.
You may be required to register with AVON in order to access certain areas of this Website. With respect to any such registration, AVON has the right to grant or deny you the usage of a User Name or Email Address in accordance with its policies, such as for reasons that these belong to or are already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or for any other reason in its sole discretion. You have full responsibility to protect the confidentiality of your User Name and Password. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with this AVON Website that occur in connection with your user name. If you become aware of any unauthorized use of your User Name and Password, please notify AVON immediately. AVON will not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Proper Conduct.
Users of this AVON Website are required to respect the law and the rights and dignity of others and to behave in an appropriate manner. You therefore agree to comply with all applicable laws, rules and regulations with regard to the use of this AVON Website.

It is impossible to enumerate all kinds of improper conduct. Generally, the following acts are prohibited in connection with this AVON Website: (a) harassment, defamation and intimidation; (b) obscenity, pornography; (c) acts that give rise to criminal or civil liability; (d) fraud and misrepresentation; (e) infringement of copyrights and trademarks, (f) advertising or offering to sell products and services without AVON's permission; and (g) interfering with or restricting the operation of this AVON Website.

Purchases and Other Transactions.
If you wish to purchase any product or use a service or locate an AVON Representative (Dealer) through this AVON Website, you may be asked to supply certain information relevant to your desired transaction. Any such information provided through this AVON Website will be treated by AVON in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any transaction.

AVON reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Merchandising offers, product prices and availability of any product or service offered through this AVON Website are subject to change without prior notice, and AVON shall not be responsible for errors in the offers, prices or descriptions of such products or services. Refunds and exchanges of products will be subject to AVON's refund and exchange policies then in effect. For transactions that are subject to tax, you remain responsible for any taxes that may be applicable.

Third Party Links.
Except when expressly stated by AVON on this AVON Website, AVON is not affiliated or associated with and have no responsibility for operators of any third party websites that link to or are linked from this AVON Website.

AVON shall have the right, at any time and at its sole discretion, to block links to this AVON Website through technological or other means without prior notice.

Disclaimer.
This AVON Website is PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVON MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THIS AVON WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY AVON INDEPENDENT SALES REPRESENTATIVES; (B) THAT THIS AVON WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS AVON WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THIS AVON WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THIS AVON WEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

While we try to maintain the integrity and security of this AVON Website and the servers from which this AVON Website are operated, this AVON Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to this AVON Website. If you become aware of any unauthorized third party alteration to this AVON Website, contact us with a description of the material(s) at issue and the URL or location on the applicable portion of this AVON Website where such material(s) appear.

Limitation of Liability.
IN NO EVENT SHALL AVON, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "AVON ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THIS AVON WEBSITE, (C) YOUR USE OF OR INABILITY TO USE THIS AVON WEBSITE, OR (D) THE ACTS OR OMISSIONS OF AVON INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF AVON OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY AVON INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THIS AVON WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS AVON WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS AVON WEBSITE.

Indemnification.
You will indemnify and hold the AVON Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with this AVON Website; (b) any violation of this Agreement or any other AVON terms, conditions or policies by you or through any account you may have with any portion of this AVON Website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through this AVON Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any of this AVON Website's visitor, user, or customer, or any other third party; and you agree to reimburse the AVON Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).

Termination and Enforcement.
This Agreement is effective until terminated by AVON. You agree that AVON, at its sole discretion, may terminate your access to or use of this AVON Website, at any time and for any reason, including without limitation if AVON believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use this AVON Website will immediately cease. You agree that any termination of your access to or use of this AVON Website may be effected without prior notice and that AVON may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that AVON shall not be liable to you or any third party for any termination of your access to this AVON Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. AVON reserves the right to takes steps that AVON believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of this AVON Website and/or a third party claim that your use of this AVON Website is unlawful or violates such third party's rights).

Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, with regard to its conflicts of laws principles when necessary. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in Makati City, Philippines and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.

Miscellaneous.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AVON. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading or caption contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and AVON relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AVON relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to this AVON Website, by email, or by regular mail, at AVON's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.




AVON REPRESENTATIVE AGREEMENT

This Agreement, made this ________________________ (Date) between AVON Cosmetics, Inc., (the "Company") and _____________________________, “you”, as Avon Representative, whose information appears on this document. The Company and the Avon Representative do hereby agree:

The Company will allow you to purchase product/s from the Company at wholesale price, and to sell the same to the public, subject further to the Company's sales, operations, marketing, incentive, and payment rules and policies, and related policies and credit terms.


Avon Representative (you) represents and warrants:

  1. That you have not previously signed-in or registered as an Avon Representative of the Company;
  2. That (a) all the information you have given in this Form and Agreement are true, complete, and updated; (b) that you consent to and agree that your Personal Information and photograph may be collected, stored, used, processed, and shared by the Company with its affiliates globally, government authorities and third parties for legitimate business purposes and for the following purposes: (i) to fulfill your orders, provide appropriate commissions, discounts and incentives and manage your Representative account, (ii) to communicate with you and manage our relationship with you, (iii) to personalize and improve your Representative experience, (iv) to inform you about our products and offers that you may like, (v) to improve our services, fulfill our administrative purposes and protect our business interests, (vi) to run competitions;
  3. That you agree with the Company’s Privacy Statement found at https://www.avon.ph/avon-ph/privacy-policy.html, which is deemed written into this Agreement;
  4. That you understand and agree that your personal Information may be updated, changed or deleted, and opting out of receiving marketing communication may be done by contacting the Company's Branch Dealer Account Management section.

Purchase Terms

  1. By becoming an Avon Representative, you will be able to re-sell Avon products to your customers.
  2. By placing an order with us you declare that you are at least 15 years old.
  3. You have the option to purchase personally from the Branch or online through avon.ph or the Avon On app.
  4. The prices shown in the brochure and other literatures include VAT. However it does not include delivery fee which shall be paid on top according to your chosen delivery method.
  5. When you re-sell Avon products to your customers, you understand that you shall meet all legal and tax obligations (e.g. to be registered for tax purposes) and Avon shall not be liable for such independent entrepreneurial activity. In this case the prices shown in the brochure and other literatures are only recommended prices and you have absolute freedom to set the final selling price to your customers.

Discount Structure

    The discount structure that you are entitled to as an Avon Representative will depend on your Avon Rewards Status which may change at intervals at the option of the Company. You understand and agree that the Company may change the discount structure upon notice to you.


    Rep Discount is based on the cumulative Brochure Price Sales for the month not including items that are non-discountable.


Payment Options and Terms

  1. As an Avon Representative, you are obliged to pay in full all purchases on the dates specified in the invoice or document, without need of demand, and in accordance with the credit terms/policies of the Company.
  2. In case you are late with your payment, we shall charge you late payment fee and you cannot place any further orders until you have fully settled your dues. The rate of the late payment fee shall be determined by the Company and will be communicated to you upon general notice.
  3. You understand that we use collection agencies to recover any outstanding debt which might cause additional costs for you. You consent to the sharing of your personal data with the collection agency who shall process your personal data independently as a data controller in accordance with the law.

Return Policy

Avon is committed to provide you always with products of excellent quality and we trust that you appreciate our efforts. At the same time, you are free to return and exchange AVON products in accordance with the terms and conditions of Avon’s return policy, which are deemed written into this agreement.


As an Avon Representative:

  1. You are responsible and accountable for the conduct of your Avon business, including the payment of taxes, in compliance with applicable laws, rules & regulations, the Company's and Direct Selling Association's (available on www.dsap.com) codes of behavior applicable to Avon’s distributors and independent sales representatives, and which are deemed written into this Agreement.
  2. You have to immediately inform the Company of any change in the information given in this Form, otherwise, the Company shall rely on this Form, act on the basis of information on this Form, and may opt to terminate this Agreement for failure to provide correct or updated information.
  3. You shall keep in confidence and shall not disclose information from or about the Company, its products, programs, plans, policies, and strategies that are confidential in nature or considered Trade Secrets of the Company.
  4. You and every person, worker or employee working for, under or on your behalf in relation to the sale and distribution of products purchased from the Company will not violate any applicable law and regulation, including without limitation the Foreign Corrupt Practices Act, the UK Bribery Act 2010, or any other law prohibiting public or commercial bribery, extortion, kickbacks, or other improper means of obtaining or retaining business.
  5. You will hold the Company, its stockholders, officers, and employees free and harmless from any claim, expense, liability, demand or suit arising from the conduct of your business, with a right for the Company, its stockholders, officers, and employees to seek redress and collect damages.
  6. You are acting as an independent contractor and not as an employee or agent of the Company. In this connection, the Company shall not be liable for any injury, damage, or death that may occur to you or any of your agents or representatives, including loss or damage to property belonging to any of them in the course of performing your obligations herein contained. You are an Avon retailer/dealer/businessman who conducts business for your own account. You further agree not to (1) sell such products to supermarkets, or without prior express consent of the Company, to stores or any entity or person who sells things at a fixed place of business, or (2) use any of the trademarks or tradenames owned by the Company or its affiliates.
  7. You shall not engage in activities or actions that are prejudicial, detrimental or damaging to the interests of the Company, such as but not limited to selling or promoting the sale of counterfeit or illegally procured products, spreading false information about the Company, or when within the Company's premises or during Company activities, selling competitive products or recruiting or enticing other Representatives to sell competitive, counterfeit or illegally procured products.
  8. You shall abide by the policies, rules, and regulations issued by the Company from time to time, which form part of this Agreement by reference.

Lastly, the Company and the Avon Representative agree:

  1. That the Company may change, add to or withdraw its sales, operations, finance, credit, and marketing programs, incentives, payment schemes, and other policies at any time and in any manner, including revision and cancellation of grants and rewards, with simple general notice for such changes to take effect.
  2. That this Agreement and the dealings between the parties do not in any way make or convert you into an employee or agent of the Company since you operate your own business as an independent contractor and have adequate capital and resources to do so as defined under applicable law/s. You do not have any authority to bind the Company in any contract with other parties or represent yourself as an employee or agent of the Company.
  3. That either party may terminate this Agreement at will, with or without cause, at any time upon notice to the other. Upon termination, all accounts of the Avon Representative shall become immediately due and demandable.
  4. In case of litigation arising directly or indirectly from this Agreement, the venue shall be the proper courts where this Agreement was executed, or elsewhere at the option of the Company. The party at fault shall bear all legal costs and expenses.
  5. That this Agreement supersedes any agreement/s between the company and the Avon Representative, which are inconsistent with the terms hereof.

 

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