Terms of use – Customer 07/2012

Terms of use for www.amway.fr website

I. Preamble

By using the website, you agree to comply with the Terms of Use. These Terms of Use are subject to change from time to time, without us having the opportunity to notify our users individually; we therefore advise you to check them before using the website. We can also send them to you by email upon a simple request from your part.

The Commercial Principles and other Amway Directives, the Amway Terms and the Contract clauses indicated on the back of the Application form for Amway Business Owner (ABO) and the conditions for ordering and delivery apply to anyone using this website.

Note: The use of the website www.amway.fr is dedicated solely to ABO domiciled in mainland France, as this website is not available to the ABO domiciled in other countries.

II. Terms & Conditions of the website www.amway.fr

2.1.               Who is this website for?

The website www.amway.fr is an information website aimed at anyone interested by the company Amway, their business opportunities and/or their products.

The section of the website protected by a password is restricted to ABO domiciled in France and to their Customers.

(a)     The ABOs may authorise their Customers, under certain conditions (see point IV below) to access some sections of the website (personal pages/on-line shop).

2.2.               Password protected sections

Only eligible ABO will be able to access certain features of the website by entering a password or other access code. This authorisation is not transferable to a third party.

No password or access code shall be disclosed to third parties; the codes should be stored somewhere safe. If you happen to discover that other people have used these in your place, you are required to immediately inform Amway France. However, Amway France cannot be held responsible for damage resulting from the use of the password and access code by a third party.

2.3.               Entry and use of personal data

Data given must be accurate, complete and valid.

In the event that Amway would hold any reason to think that the data provided are not correct, Amway will limit or block the access to the website.

The personal data you provide through the use of this website will be treated in accordance with the Amway Charter for the protection of personal data and in accordance with the applicable laws and regulations in this area.

Your confidential data (ABO number, name, address, email address, phone number, fax, information about your orders or their payment, including but without limitation the Point Value and the Business Volume done (PV/BV) by an ABO only), will be encrypted before transmission by the Secure Socket Layer (SSL) system for safety reasons. Amway guarantees that it will take all reasonable measures to protect your data. However, in the present state of things, it is impossible to guarantee a 100% secure transmission of data. In these circumstances, we cannot be held responsible for any harm resulting from a breach of confidentiality in respect of the use of the website or any information presented on the website.

Amway is committed to use the confidential information entrusted to the company only in the framework of its website. Amway cannot be held responsible for any illegal uses of personal data that you may have given on the website by an ABO.

You have the right to access and update your nominative personal data and the right to request their deletion, in accordance with Act 78 -17 of January 1978 relating to information technology, files and freedoms, amended by Act #2004-801 of August 6, 2004. We are committed to ensure that your personal data are up-to-date, accurate and complete. If you wish access to your personal data for any reason, you can contact the person in charge of operations: Amway France S.A.R.L.

             3-5 Place du Village

             Parc des Barbanniers

             92230 Gennevilliers                                             

             Tel.:  00 33 (0)1 57 32 44 73
            E-mail:  info_fra@amway.com.

2.4.               Use of the Website content

The content of the website shall not be reproduced, distributed or made public in any manner without the prior written permission of Amway France.

On the other hand, Business Owners can download, save and print the information Amway France has placed at their disposal on this website, without modification of this information and for their own professional use as ABO. In this aspect, they are asked to always ensure the timeliness of this information.

The right of use for the website ceases when the ABO stops working for the company. In this case, the ABO should destroy all documents saved or printed, unless the ABO still needs them for legal purposes.

2.5.               Photos

The use of the photographs presented on www.amway.fr requires the written permission of Amway France.

2.6.               Links of www.amway.fr  to other Websites

These links are "dynamic links”. The first time the link is established, the content of the website to which it refers is immediately examined to ensure that it conforms to the legislation in force, so that the responsibility of Amway would be not engaged.

Changes made to the content of the websites referred to by www.amway.fr are not subsequently controlled. Therefore, Amway France is not liable for the link to another website in the event of subsequent modification of that specific website.

2.7.               Links of other Websites to www.amway.fr

These links are possible only with the prior written permission of Amway France, permission that will however be authorized only for the homepage of the website of Amway France and may be withdrawn at any time.

2.8.               Amway France Liability

Amway France provides this website for use by its ABOs. They are required to comply with the Terms of Use of the website. Amway France declines any liability for any use of the website which could be contrary to these Terms of Use.

2.9.               Breach of the Terms of Use

In case of failure on the part of an ABO, in particular if the website or certain functions are used in a manner contrary to that for which they were designed, this ABO will either only benefit from a limited access to the website or will be totally denied access to the website.

2.10.            Miscellaneous

Amway France is solely in charge of the layout and the content of the website.

Amway France reserves the right to modify this website, in whole or in part, to block its access or to remove it completely from the Web. The name "Amway", its logo, the names of products and other trade names, logos and graphics found on the site are protected to Alticor, Inc., Ada, Michigan, USA, and Amway France.

2.11.            Governing law and Competent Jurisdiction

The use of the website www.amway.fr is subject to the French law in force. In case of dispute, the French courts will have exclusive jurisdiction.

2.12.        Legislative or regulatory changes

In the case where one of the clauses of these Terms of Use would become invalid because of a legislative or regulatory change in France, this clause would be considered as unenforceable, but only to the extent where it would be concerned by the legislative or regulatory change. All other provisions of these Terms of Use will remain valid and enforceable to the users of the website.

2.13.        Modification of Terms & Conditions of Use

Amway France reserves the right to modify these Terms of Use. These amendments will come into force from the moment where the ABO will be notified through publication on the website www.amway.fr and/or in the Amagram or any other publication from Amway.

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.