Chapter 18: Return of Merchandise for Refund

 

SEC. 1     GENERAL REFUND POLICIES

(A)     As stated in the official company policies, procedures, rules and regulations, which form part of the Independent UnFranchise™ Owner Application & Agreement, only products that are currently marketable and in a resalable condition, will be repurchased. This means that it must be listed in the current price list, must not be on the no longer available status list, must be undamaged and must have a valid expiration date. If the product being returned does not meet these standards, the return will be rejected and a refund will not be processed. 

(B)     Please note that Market Malaysia cannot give a refund on damaged products. Products will be considered damaged if any of the following apply:

•    Opened or used product
•    Leaking product
•    UnFranchise Owner labels or other foreign labels or markings on product
•    Product within five months of expiration date*
•    Any outer or inner damage to product, bottles, labels, etc.
•    Any items which have been discontinued after the original purchase date
•    Literature that is sold in sealed packs with the outer packaging not intact

*For clarification purposes, a product is considered to have a Valid Expiration date if the product has at least five months remaining before the expiration date. Products expiring within five months from the return date will not be considered marketable and salable, and therefore the return of such items will be rejected and no refund will be processed. The aforementioned does not apply to dietary supplement products in liquid form, such as Ultimate Aloe™. Dietary supplement products in liquid form can be returned up to three months from their expiration date.

(C)     Subscription Kit Returns

•    If you are returning a Subscription Kit, the kit must be returned with all of its original contents to allow for a refund. No exceptions.
•    Any kit received as a partial kit will not be refunded and will be returned to the UnFranchise Owner at the UnFranchise Owner’s Cost. No exceptions.

(D)     If the request to return product for a refund is received by Market Malaysia in time to remove the Business Volume (BV) from the computer system before it has been paid on in a weekly commission cycle, then Market Malaysia will remove the BV from the computer system immediately upon receiving the return request. However, if the request to return product for a refund is received by Market Malaysia after it has been paid on in at least one weekly commission cycle, then Market Malaysia will implement the Commission Reversal Process.

(E)     Upon receipt of the returned merchandise, the company will notify the UnFranchise Owner of the status of the return. If the return is rejected, the UnFranchise Owner must request in writing that the product be reshipped to his/her address, or the returned product will be discarded.

(F)     The UnFranchise Owner should allow 30 days for the processing of a refund once product is received by Market Malaysia. If the UnFranchise Owner returning the products or merchandise does not fulfill the requirements outlined herein, it may take additional time to complete the return procedure.

(G)    On returns exceeding RM4,000.00, a notarized statement must be sent to the company indicating that there are no liens or encumbrances on the product being returned and that the product was not used as collateral against any loan.

(H)     UnFranchise Owners may not return merchandise for other UnFranchise Owners. Only the purchasing UnFranchise Owner may return merchandise for a refund. If another UnFranchise Owner, other than the paying UnFranchise Owner, wishes to return a product, the refund will be given to the paying UnFranchise Owner. The only time Market Malaysia will refund a nonpaying UnFranchise Owner is if a signed letter from the paying UnFranchise Owner accompanies the refund request, authorizing Market Malaysia to refund the nonpaying UnFranchise Owner, and this exception will be made on first-time orders only.

(I)     Delivery charges are nonrefundable.

(J)     If UnFranchise Owners do not receive a refund that has been approved within a reasonable time, they can call the UnFranchise Services–Refunds to request an update on the refund payment. The UnFranchise Owner must wait two full weeks from the date the refund was processed before calling the Refunds Department.

(K)    Market Malaysia will place a refund on the UnFranchise Owner’s Market Malaysia credit account if the refund has not been accepted by the UnFranchise Owner’s bank within six months of the refund being processed.


SEC. 2            SAME-DAY RETURNS (WALK-IN)

If the UnFranchise Owner returns product they received prior to leaving the office, the Return Merchandise Form will be filled out and the refund will be processed the same day. The refund will be issued using the same payment method used to place the order.


SEC. 3            180-DAY RETURN POLICY

The company will repurchase any products that are currently marketable and in resalable condition, at the price of at least 90 percent from the purchase price, if the purchasing UnFranchise Owner contacts Market Malaysia within 180 days from the date of the purchase of the products. Any commissions paid on returned merchandise will be deducted from the upline’s future commissions.


SEC. 4             RETURN POLICY FOR CANCELLING UNFRANCHISE OWNERS

UnFranchise Owners must notify Market Malaysia in writing that they are electing to cancel their UnFranchise Business. If Independent UnFranchise Owners are cancelling their UnFranchise Business and have purchased products for inventory purposes or sales aids while the Independent UnFranchise Owner Application and Agreement was in effect, all unencumbered products in a currently marketable and resellable condition then in possession of the Independent UnFranchise Owner, which have been purchased directly from Market Malaysia within one year of cancellation, shall be repurchased at the price of at least 90 percent from the purchase price of the products. Delivery charges are non-refundable. Any commissions paid on returned merchandise will be deducted from the upline’s future commissions.


SEC. 5              MERCHANDISE RETURN PROCEDURE

Market Malaysia assumes no liability for products damaged while being returned. It is the sole responsibility of the UnFranchise Owner to ensure the condition of the product being returned to Market Malaysia, and to file any claims with the shipper for damages caused en route. To return merchandise for refund UnFranchise Owner must adhere to the following procedure:

(A)      Written List of Products: UnFranchise Owners must submit a written list of items and quantities they wish to return, along with the dates the products were purchased directly from Market Malaysia, their upline Executive Coordinator at the time of purchase, and copies of the applicable orders for the products to be returned.

(B)     Initial Upline Decline to Buy Back Letter: UnFranchise Owners returning product for refund must always give the upline sponsor (if active) and/or the first active upline Executive Coordinator the initial opportunity to buyback the product directly from them. It is most expedient for UnFranchise Owners returning products to contact their upline sponsor and Executive Coordinator and offer to sell the product back to them at the price of at least 90 percent from the purchase price of the products. UnFranchise Owners must submit a letter signed by their sponsor (if active) and their first active upline Certified Executive Coordinator stating that they do not want to repurchase the merchandise and that they understand that any unearned commissions will be deducted from their future commissions.

(C)     Return Authorization Number (RA No.): On receipt of the written list of products and the initial upline decline to buy back letter, the company will issue a Return Authorization number. No merchandise may be returned without an RA No. Note: An RA No. is only valid for 30 days from the date of issuance.

(D)     Product Return: The product must be returned to the company identifying the UnFranchise Owner who is making the return and including an order form completely filled out identifying each item being returned. Mark on the order form at the top “RETURN” along with the Return Authorization number. The UnFranchise Owner must pay all shipping costs. No COD or collect shipments will be accepted. If the RA No., is not written on the outside of the package, delivery will be refused. The package should be sent via a shipper that offers package tracking. Market Malaysia also recommends that UnFranchise Owner insure all packages they return to the company.


SEC. 6          EXECUTIVE COORDINATOR’S BUYBACK RESPONSIBILITY

The upline Certified Executive Coordinators (CECs) or higher UnFranchise Levels shall incur sole responsibility for buying back resellable product and useable materials. Failure to execute this responsibility may result in corrective action and possibly the cancellation of the responsible party’s UnFranchise Business.

(A)     UnFranchise Owners returning product for refund must always give the upline sponsor (if active) and/or the first active upline CEC (or higher UnFranchise Level) the initial opportunity to buy the product back directly from them (see Merchandise Return Procedure).

(B)     Market Malaysia will initiate an Upline Return Merchandise Acknowledgment letter to the five consecutive upline CECs (or higher UnFranchise Level) only if:

          (1)     Market Malaysia receives from the UnFranchise Owner wishing to return the product the initial upline’s Decline-to-Buy-Back Letter signed by the sponsor (if active) and the first active upline CEC (or higher UnFranchise Level);

         (2)     The UnFranchise Owner returns the product to Market Malaysia AND

         (3)     The Business Volume (BV) for the returned product could not be removed from the computer system before it was paid on in at least one commission cycle.

(C)     The Upline Return Merchandise Acknowledgment letter shall identify the downline UnFranchise Owner, the product that was returned, and the names of the other four CECs (or higher UnFranchise Level) who were sent the same letter.

(D)     If Market Malaysia receives no response from the five consecutive upline CECs (or higher UnFranchise Level) within 15 business days from the date of the letter being sent, Market Malaysia will initiate the Commission Reversal Process.


SEC. 7       COMMISSION REVERSAL PROCESS

The Commission Reversal Process shall apply when all of the following occur: (1) products in resalable condition are returned to Market Malaysia for a refund, (2) the Business Volume (BV) for the products could not be removed before it had been paid on in at least one weekly commission cycle, (3) a refund of some type (refund payment, credit to the Market Malaysia account, etc.) will be or already has been issued and (4) Market Malaysia receives no response from the five consecutive upline Certified Executive Coordinators (CECs) (or higher UnFranchise Levels) within 15 business days from the date of the Upline Return Merchandise Acknowledgment  letter being sent. Market Malaysia will initiate the Commission Reversal Process as follows:

(A)     The computer will multiply the total amount of Business Volume (BV) returned by a commission payout factor (i.e. average percentage payout on BV from the previous 12 months). The result will be the total amount to be subtracted from commissions in the reversal process. Example: 200 BV returned x 58 percent (5 June 1995 to 5 June 1996 average) = RM480.00.

(B)    The computer will locate the most immediate of the five consecutive upline CECs (or higher UnFranchise Levels) qualifying to earn a commission for the next available weekly commission pay cycle and subtract the respective amount from the earned commissions. If none of the first five upline CECs (or higher UnFranchise Levels) earns a commission the next available weekly commission pay cycle, then the Commission Reversal Process will continue to search each week until one of the five upline CECs (or higher UnFranchise Levels) earns a commission.

(C)     If the identified CEC (or higher UnFranchise Level) qualifying to earn a commission during the next available weekly commission pay cycle is the first (immediate) upline CEC (or higher UnFranchise Level) from the UnFranchise Owner returning the product, the process is complete. Remember, in accordance with policies and procedures contained in the UnFranchise Manual, it is the immediate upline CEC’s (or higher UnFranchise Level’s) contractual obligation to purchase (buy back) returned product.

(D)     If the identified CEC (or higher UnFranchise Level) qualifying to earn a commission during the next available weekly commission pay cycle is not the first (immediate) upline CEC (or higher UnFranchise Level) from the UnFranchise Owner returning the product, then for the next available weekly commission pay cycle in which the immediate upline CEC (or higher UnFranchise Level) qualifies for a commission, the Commission Reversal Process shall subtract the original commission reversal amount from the immediate upline CEC’s (or higher UnFranchise Level) commission. During the weekly commission pay cycle in which the original commission reversal amount is subtracted from the immediate upline CEC (or higher UnFranchise Level), that same amount will be reimbursed to the upline CEC (or higher UnFranchise Level) who originally had the commission reversal amount originally subtracted.


SEC. 8        SPECIALS, BLOWOUTS OR EVENT DISCOUNTS

All items purchased at a special, discounted price are nonrefundable and should be considered a “final sale.”    


SEC. 9         DISCONTINUED PRODUCTS

Market Malaysia’s Mall without Walls concept allows Market Malaysia to respond to market trends. If a store within the mall closes for renovation or discontinues a product or product line, Market Malaysia will not be able to offer an exchange or refund for any products that have been discontinued since the date of purchase from Market Malaysia.


SEC. 10       RESHIPPING RETURNED PRODUCTS

When product is returned to Market Malaysia for any reason, if Market Malaysia has not paid on at least one weekly commission cycle that includes the returned products, then all BV for the returned products is immediately removed from the computer database. UnFranchise Owners have 30 days from the date that Market Malaysia receives product back (for whatever reason) to request that any returned package be reshipped.

(A)     Within 30 Days: If within 30 days from the date of the package being received by Market Malaysia, either the paying UnFranchise Owner or the ordering UnFranchise Owner requests it to be reshipped, and the BV had already been removed from the computer system, the BV will be put back for the date of the original order. Accrual date corrections or adjustments caused by the removal of BV due to returned products will be considered on a case-by-case basis.

(B)     Over 30 Days: If neither the paying UnFranchise Owner nor the ordering UnFranchise Owner requests within 30 days from the date of the package being received by Market Malaysia to have the product reshipped, then it can no longer be reshipped at that point. The paying UnFranchise Owner will receive a credit for the amount of the order based on current returns policies, minus the 10 percent processing fee. After the 30-day period, if the product has not been reshipped, any accrual date corrections or adjustments caused by the returned products will no longer be considered. After the 30-day period, if the product has not been reshipped and Market Malaysia was unable to remove the BV from the computer system before it paid on at least one weekly commission cycle that included the returned products, then Market Malaysia will implement the Buyback Policy and, if necessary, the Commissions Reversal Process.


SEC. 11        PREFERRED CUSTOMER RETURN/REFUND POLICY

(A)     30 days return policy: If for any reason the Preferred Customer is not entirely pleased, within 30 days of when the products were purchased, simply return the item(s) with receipt for an exchange (if available) or a full refund of the purchase price of the product minus shipping/handling fees, if applicable. Only products that are currently marketable and in a resalable condition can be returned.

(B)     AutoShip Orders: Preferred Customers who do not pick up their AutoShip order(s) within seven calendar days will have their orders canceled and be refunded the full 100 percent purchase price.