7.11 – Inventory Repurchase
7.11.1 – Return Policy
The Company offers a sampling program for people to try our Products prior to making a commitment to purchase larger quantities. This takes the place of a traditional “money back guarantee.” We encourage all people to sample our Products prior to making any commitments to purchase larger volumes of Product. The Company reserves the right to review all returns on a case-by-case basis. Returns may cause promotions, Commissions and bonuses to be adjusted or reversed, affecting both the Associate making the return and any Upline Associate who received compensation on such purchase.
7.11.2 – Returns
The Company will offer a 90% return policy on items returned in Marketable condition within thirty (30) days of the delivery date. All Associate and Customer orders purchased directly from TruVision Health must be returned to TruVision Health at the Associate’s/Customer’s expense. All Products refunded are subject to bonus withholdings and qualification recalculations based on the original purchase date. If the purchases were made through a credit or debit card, the refund will be credited back to the same account. Returns must have been personally purchased from TruVision Health. (Purchases from other Associates or third parties are not subject to refund.) a) Returns must be in Marketable condition (see Definition of “Marketable” in Section 7.11.10). b) Returns in Marketable condition and returned within 30-days of purchase will receive a 90% refund (less shipping costs.) c) Product and marketing materials returned after 30-days will not be refunded, except as an inventory repurchase as specified in Section 7.11.7. d) All returned Product exceeding $480 in any 12-month period, will be deemed an inventory repurchase and the Company shall repurchase the inventory pursuant to the terms of Section 7.11.7, and the Associate’s Agreement may be terminated.
7.11.3 – SmartShip Returns
Simply returning Product or refusing shipment is insufficient to cancel SmartShip. In order to cancel a SmartShip order, Associates must contact Customer Support Department, at least two (2) business day before the SmartShip order is to go through. All other policies listed in Section 7.11.2 apply to returns for SmartShip orders.
7.11.4 – Retail Purchases from an Associate’s Inventory
If a customer returns Product to the Associate from whom it was purchased, it is up to the Associate’s discretion on their Independent Business refund policy.
7.11.5 – Cooling-off Period
TruVision Health Associates must inform customers of their right to rescind a purchase or an order within 72 hours, and ensure that the date of the order or purchase is entered on an order form. A customer who makes a purchase of $25.00 or more has three (3) business days (Saturdays constitute business days) after the sale or execution of a contract to cancel the order and receive a full refund. Alaska residents have ten (10) days. When an Associate makes a sale, or takes an order from a customer who cancels or requests a refund within the three (3) business day period, the Associate must promptly refund the customer’s money as long as the Products are returned to the Associate in substantially as good condition as when received. All customers must be provided with two copies of an official sales receipt at the time of the sale. The back of the receipt must provide the customer with written notice of his or her rights to cancel the sales agreement.
7.11.6 – Product Returns with Agreement Cancellation
Notwithstanding anything herein to the contrary, the Company will refund 90% of the purchase price for all Product in Marketable condition (as defined in Section 7.11.10) and sales aids (except subscription services unless required by law) returned within twelve (12) months of the purchase date, upon cancellation of the Associate Application.
7.11.7 – Inventory Repurchase Upon Termination
Upon cancellation of an Associate’s Agreement, the Associate may return Membership Fee, Products and sales aids for a 90% refund. In order to receive a refund from TruVision Health pursuant to this policy, the following requirements must be met: a) The items being returned must have been personally purchased by the Associate from TruVision Health (purchases from other Associates or third parties are not subject to refund); b) The items must be in Marketable condition (see Definition of “Marketable” in Section 7.11.10); and c) The items must have been purchased from TruVision Health within one year prior to the date of cancellation. If the purchases were made by credit card, the refund will be credited back to the same account. If an Associate was paid a bonus or commission based on a Product(s) that he or she purchased, and such Product(s) is subsequently returned for a refund, the bonus and/or commission that was paid to the Associate based on that Product purchase will be deducted from the amount of the refund.
7.11.8 – Montana Residents
A Montana resident may terminate his or her Associate Agreement within 15 days from the Sign-Up Date, and may return his or her Membership Fee for a full refund within such time period.
7.11.9 – Procedures for Returns
The following procedures apply to all returns for refund, repurchase, or exchange: a) All merchandise must be returned by the Associate or Customer who purchased it directly from TruVision Health. b) Associates must call Customer Support Department to initiate a Return Merchandise Authorization (RMA). Customer Support Department will provide an RMA number which must be written legibly on the box(es) of each returned Product. c) Associates must return Products to TruVision Health with the RMA number prominently displayed. Only returned Product with an RMA number will be refunded. d) The Company accepts returns of Marketable Products. e) All returns must be shipped to TruVision Health, shipping pre-paid and traceable. TruVision Health does not accept shipping-collect packages. The risk of loss in shipping for returned Product shall be on the Associate. If returned Product is not received by the Company, it is the responsibility of the Associate to trace the shipment. f) All commissionable and qualifying volume will be deducted from the Associate account in connection to the return. All volume generating returns may result in Associates having future Commissions withheld. g) All payments are refunded to original form of payment to the original payee. No refund, exchange, or replacement of Product will be made if the conditions of these rules are not met. Exceptions to the refund policies may be extended by the Company in instances in which Associate misconduct, misrepresentation, or other extenuating circumstances may require. Previously paid Commissions or Ranks may be reversed and/or adjusted as a result of the exceptions and at the sole discretion of the Company. Any Commissions paid to the Associates and his or her Upline for the Product returned by the Associate or Customer may be debited from the respective Upline Associate’s account or withheld from present or future commission payments. An Associate agrees that he or she will not rely on existing Downline Organization volume at the close of a Commissions period, as returns may cause changes to his or her title, rank and/or Commissions payout. Partial Product returns will not be accepted or refunded in accordance with the Company’s standard return policies.
7.11.10 – Definition of “Marketable”
Products and Sales Aids shall be deemed “Marketable” if each of the following elements is satisfied:
1) they are unopened;
2) packaging and labeling has not been altered or damaged;
3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and
4) they are returned to the Company within one year from the purchase date. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item shall not be returnable.
7.12 – Exchanges
The Company will provide an exchange for any Product that is defective, incorrectly sent, lost, or damaged during shipment, if purchased directly from the Company and if the exchange request is made to the Company within thirty (30) days of the delivery date. If an exchange is not feasible, the Company may
a) issue a credit for the amount of the exchange, or
b) refund the full purchase price.