III. Terms of use of the Independent Contractors’ personal pages on www.amway.fr

3.1     General Remarks

Please note that the "orders" placed by a customer will not be processed by Amway France directly, but via their ABO through their own online store, under their own responsibility in terms of order execution and delivery time in particular.

3.2     Placing Orders – Conclusion of the Sale Contract

(a)      Mark the products that interest you, specify the desired amount and put them in the cart. Once the order finalized, just click on "Send". You will then receive a confirmation email.

(b)     The ABO is then required to make a suggestion to you as regards the products specified in the order, and including the following :

·          proposed price for each item and the total order amount specifying the VAT and prospective shipping costs, etc.
(Total amount = product prices with taxes (T.T.C.) + prospective shipping costs),

·          Details related to settlement, delivery and execution of the order.

(c)      If you want to order the products offered by your ABO, send him/her an email saying that you accept his/her proposal, thus concluding a sales contract.

3.3     Prices for Online Shops

The ABOs are not required to apply the retail prices recommended by Amway in their sales to customers. They are free to set their own prices. But if an ABO chooses to set prices different from those recommended for the Amway products he/she sells, he/she is obliged to inform his/her customers thereon.

Your ABO will let you know the actual price of each product every time you place an order. You will then have the possibility to decide if you agree to order those products at the price proposed by the ABO.

3.4     Amway Satisfaction Guarantee

(a)      Amway France guarantees the quality of all products bearing the AMWAY™ brand, which certifies the complete satisfaction of the customers. However, if one of these products does not give you complete satisfaction, you may return it, in whole or in part, to the ABO who has sold it to you. The AIC will offer you, based on Amway permission, to choose between a free exchange, a credit for purchasing another product or a full purchase price refunding. If for some reason whatsoever you would be unable to contact your ABO, you could always contact our call center – tel.: 01 57 32 44 73.

(b)     This warranty only applies to consumables. Durable goods marketed by Amway France have indeed limited satisfaction guarantee. If such a product does not give you complete satisfaction, you can return it within a maximum period of 90 days following the date of the invoice. The Satisfaction Guarantee offered by Amway France is without prejudice to the legal guarantee you benefit for defects or hidden defects of the sold item. The durable goods covered by a special guarantee in addition to the legal guarantee are marked by the symbol ‡‡ in the Catalogue of Products. This special guarantee is included with the product.

(c)      The Amway Satisfaction Guarantee does not apply to products having been intentionally damaged or that were used for purposes other than those which they are meant for. The validity remains unchanged and you will not get a new guarantee.

If you have questions, you can contact our call center – tel.: 01 57 32 44 73.

3.5     Reservation

If certain products are not available on www.amway.fr at the ordering time, this shall be indicated immediately on the screen.

3.6     Miscellanea

Your Amway Business Owner will provide you with any additional information you would like about the products of your order or of Amway in general.

IV.  Legal Provisions Applicable to Customers (Distance Selling)

4.1.  Textes applicables

Pursuant to article L. 121-18 of the Consumer Code, the following legal provisions are brought to the attention of customers purchasing on the site  www.amway.fr:

Article L121-18

   Without prejudice to the information provided for in articles L. 111-1 and L. 113-3 as well as those required for the application of article L. 214-1, the contract offer shall contain the following information :
   1. The name of product seller or of service provider, telephone number, address or, if it is a legal person, its head office and, if different, the address of offer responsible authority;
   2. If necessary, delivery costs;
   3. Terms of payment, delivery or execution;
   4. Existence of a right of withdrawal, except in cases where the provisions of this section exclude exercise of such right;
   5. Validity of the offer and of the price thereof;
   6. Cost of using the distance communication technique used when it is not calculated by reference to the base tariff;
   7. Where appropriate, the minimum duration of the proposed contract, when it related to continuous or periodic supply of a good or service.
   This information, whose commercial nature should be made clear, shall be let known to the consumer in a clear comprehensible manner, in any way that is adapted to the distance communication technique being used.
   In case of selling by telephone or by any other similar technique, the trader shall explicitly specify at the beginning of the conversation his/her identity and the commercial nature of the call.

Article L121-19

   I. – The consumer shall receive in writing or on another durable medium available, in proper time and no later than the delivery time :
   1. Confirmation of the information specified under 1. to 4. of article L. 121-18 and those contained in articles L. 111-1 and L. 113-3 as well as those provided for under article L. 214-1, unless the trader has fulfilled this obligation before the conclusion of contract;
   2. Information on the conditions and procedures for exercising the right of withdrawal;
   3. Address of the provider’s business place where the consumer can address complaints;
   4. Information relating to after sales service and commercial guarantees;
   5. Conditions for terminating the contract if it has an indefinite or more than one year duration.
   II. - The provisions of this article shall not apply to services provided only once through a distance communication technique and invoiced by the operator of such technique, except for  3..

Article L121-20

   The consumer has a period of seven days to exercise his right of withdrawal with no justifying reasons nor payment of penalties, except, where applicable, the cost of return. The consumer may derogate from such deadline if he/she cannot move and if he/she simultaneously would need to appeal to an immediate delivery required by his/her living conditions. In such a case, he/she could continue to exercise his/her withdrawal right without having to give reasons or pay penalties.
   The period specified in the preceding paragraph commences upon receipt of goods or acceptance of offer for services.
   Where the information as under article L. 121-19 has not been provided, the period for exercising the right of withdrawal shall be extended to three months. However, when provision of such information occurs within the three months from the receipt of goods or offer acceptance, the seven-day period mentioned in the first paragraph shall run.
   If the seven-day period expires on a Saturday, a Sunday or a public holiday or a day off, it shall be extended until the first following working day.
 

Article L121-20-1

   When the right of withdrawal is exercised, the trader shall reimburse the consumer without delay and at the latest within thirty days as of the date when such right was exercised. In addition, the sum due is, of right, bearing interest at the legal rate in force.

Article L121-20-3

Unless the parties have agreed otherwise, the supplier should execute the order within a thirty-day period as of the day following that on which the consumer forwarded his/her order to the product or service supplier.
   If a supplier fails to execute the contract because of unavailability of the ordered good or service, the consumer shall be informed of such unavailability and shall, if necessary, be refunded without delay and no later than thirty days after the payment of the related sums. Beyond such term, these sums shall bear interest at the legal rate.
   However, if such a possibility was provided for prior to contract conclusion or in the contract, the supplier can provide a good or service of equivalent quality and price. The consumer shall be informed on such possibility in a clear understandable manner. The returning fees following exercise of the right of withdrawal are, in this case, in the supplier’s charge and the consumer should be informed thereon.
   The trader is by right liable to the consumer for the proper execution of obligations under the remotedly-concluded contract, that these obligations are to be run by the trader who concluded the contract or by other service providers, without prejudice to his right of recourse against the latter.
   However, he/she may be exempt from all or part of his/her liability by providing evidence that contract non-fulfillment or poor fulfillment is attributable either to the consumer or to the unpredictable and insurmountable fact of a thrid party to the contract, or to a case of force majeure.