Chapter 18: Return of Merchandise for Refund

 

SEC. 1    REPURCHASE POLICIES FOR MERCHANDISE RETURNS FROM ACTIVE UNFRANCHISE OWNERS 

Market United Kingdom will repurchase from active UnFranchise® Owners any products that are currently marketable and in resalable condition and otherwise qualifying for return, if the purchasing UnFranchise Owner contacts Market United Kingdom within thirty (30) days of the products being shipped (Repurchase Period) and follows the Merchandise Return Procedure set forth in this Chapter. Such repurchase will be charged a 10% processing fee, debited from the purchase price refunded. There is no refund of the original shipping and handling fees. Any commissions paid on returned merchandise will be deducted from future commissions, by process of adjusting the Business Volume (BV) and Internet Business Volume (IBV) on the UnFranchise Owner’s account equal to the BV/IBV which was awarded for the returned products. 

Note: The 30-day Repurchase Period gives UnFranchise Owners ample time to determine whether there is need to return the product for repurchase. No repurchase/refund is available beyond the Repurchase Period unless specifically provided for in this manual.

SEC. 2     GENERAL REFUND POLICIES

As stated in Section 1 above, an UnFranchise Owner may only return products for a refund that are currently in a marketable and saleable condition. Qualifying returns for active UnFranchise Owners can be returned for refund if:

(A)    Product is on the current price list;

(B)    Unopened, and any seal is fully intact;

(C)    Not leaking;

(D)    Does not contain extraneous label or other markings;

(E)    There is no damage to the interior or exterior bottle or labeling;

(F)    Sealed-pack literature has fully intact packaging;

(G)    Is not food, custom product or gift card;

(H)    Otherwise, in marketable and resalable condition; and

(I)    Not expired.

Products have a valid expiration date if the product has at least five (5) months’ shelf life remaining before the expiration date. Products expiring within five (5) months from the return date are not considered marketable and saleable. Dietary supplements in liquid form and probiotic products have a valid expiration date if the product has at least three (3) months’ shelf life remaining before the expiration date. Dietary supplements in liquid form and probiotic products expiring within three (3) months of the return date are not considered marketable or saleable. 

Products being returned which do not meet all of the referenced standards or other requirements in this Chapter will be rejected and a refund will not be processed. 

SEC. 3      MERCHANDISE RETURN PROCEDURE

Market United Kingdom 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 United Kingdom, and to file any claims with the shipper for damages caused en route. To return merchandise for refund, UnFranchise Owners must adhere to the following procedure:

(A)    Written List of Products: UnFranchise Owners must submit to refunds@marketamerica.com a written list of items and quantities they wish to return, along with the dates the products were purchased directly from Market United Kingdom, 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 buy the product back directly from them. When returning products, it is most expedient to contact their upline sponsor and Executive Coordinator and offer to sell the product back to them at the current wholesale price minus a 10% handling fee. 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 BV/IBV awarded will be deducted from the returning account. 

(C)    Return Authorisation Number (RA#): On receipt of the written list of products and the initial upline “Decline to Buy Back” letter, the company will issue a Return Authorisation number (RA#). No merchandise may be returned without an RA#. Note: RA#s are only valid for 30 days from the date of issuance. 

(D)    Product Return: The product must be returned to the company identifying the RA# on the outside of the box. All shipping costs must be paid by the UnFranchise Owner. No COD or collect shipments will be accepted. If the RA# 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 United Kingdom also recommends that UnFranchise® Owners insure all packages they return to the company.

(E)     Business Volume Adjustments: If Market United Kingdom receives a request to return product for a refund in time to adjust the BV/IBV from the computer system before it has been paid on in a weekly commission cycle, Market United Kingdom will remove the BV/IBV from the computer system immediately. However, if Market United Kingdom receives a request to return product for a refund after it has been paid on in at least one weekly commission cycle, then Market United Kingdom will deduct the BV/IBV awarded from future commissions.

(F)    Unacceptable Return: Upon receipt of the returned merchandise, the company will notify the UnFranchise Owner of the status of the return. If the return is unacceptable, the UnFranchise Owner must request in writing that the product be reshipped to his/her address, or the returned product will be discarded. All requests must be made within 30 days of the return.

(G)    Return Processing Time: UnFranchise Owners should allow 30 days for the processing of a refund once Market United Kingdom receives the product. If the UnFranchise Owner returning the products or merchandise does not fulfil the requirements outlined herein, it may take additional time to process the return.

(H)    Non-Paying UnFranchise Owner Refunds: UnFranchise Owners may not return merchandise for other UnFranchise Owners. Only the purchasing UnFranchise Owner may return merchandise for a refund. If the product an UnFranchise Owner wishes to return was paid for by another UnFranchise Owner, the refund will be given to the paying UnFranchise Owner. The only time Market United Kingdom will refund a non-paying UnFranchise Owner is if a signed letter from the paying UnFranchise Owner accompanies the refund request, authorising Market United Kingdom to refund the non-paying UnFranchise Owner. This exception will be made on first-time orders only.

(I)    Shipping and Handling Charges: Original shipping and handling charges and return shipping charges are nonrefundable.

SEC. 4    PRODUCT QUALITY AND SHIPPING ISSUES

(A)    Concerns regarding the quality of any product which has been opened by the UnFranchise Owner, such as discoloration, taste or regarding the product’s dissolving properties must be sent to productinformation@marketamerica.com for determination as to whether refund is permissible. An approved refund in these instances will involve only an exchange voucher in a sum equivalent to the purchase price of the product in question or the product may be replaced with a new bottle or package of the same product, at Market United Kingdom’s sole discretion. Refund is not available where the bottle or package is empty or the contents are substantially used. Sufficient photographic information and/or return of the product may be necessary before a determination can be made.

          Quality issues raised more than 30 days after the original shipping date will require more detailed scrutiny to ensure exchange voucher or replacement is warranted. Quality concerns raised more than 30 days after the shipping date cannot be refunded if the expiration date on the product has passed.

(B)    Issues related to shipping damage to the product packaging such as being crushed or appearing to have been resealed, damage to the product label, or product leaking upon delivery must be addressed to uksupport@marketunitedkingdom.com, within 30 days of the product being shipped, and in accordance with the policies and procedures outlined in the Freight and Shipping section of this manual. If product hardening is noted upon opening, such must also be addressed to uksupport@marketunitedkingdom.com for determination as to whether replacement is warranted, so long as no more than 30 days has passed since the original ship date.

NOTE: If an UnFranchise Owner re-ships product to another destination, such as to a customer inside or outside the country where originally delivered by Market United Kingdom or its manufacturer, Market United Kingdom assumes no liability for products damaged or where the merchandise quality is compromised because these shipping methods are outside Market United Kingdom’s control. 

SEC. 5       SPECIAL RETURN POLICIES

(A)    WebCenter: WebCenter is activated at the time of purchase and is non-transferrable after activation. As a result, the WebCenter service is considered “opened” or “used” in much the same way that a piece of software, once installed and a license is applied, is considered “used” and therefore subject to a tiered refund based on the following parameters:

         (1)    Less than 60 days, the UnFranchise Owner receives a 90% refund.

         (2)    Between 60 and 90 days, the UnFranchise Owner receives a 75% refund.

         (3)    After 90 days, the UnFranchise Owner is no longer eligible for a refund.

         (4)    If at any time a website has been sold through the WebCenter, it is no longer eligible for any refund regardless of the date of purchase.

(B)    Fast Start Kit Returns: If you are returning a Fast Start Kit, the kit must be returned with all of its original contents to allow for a refund. No exceptions. If a partial kit is returned to Market United Kingdom, it will not be refunded and will be returned to the UnFranchise Owner at UnFranchise Owner’s Cost. No exceptions.

(C)    Final Sale/Clearance Merchandise: Market United Kingdom will sometimes offer reduced pricing where the condition of merchandise is within product quality guidelines but may not appear in advertised condition or may be approaching expiration dates as labeled. The Final Sale/Clearance Products will be clearly stated. There is no repurchase, refund, voucher or exchange available for these products. Final Sale/Clearance Products are offered for personal use only, not for resale. Business Volume will not be awarded upon purchase of Final Sale/Clearance Products.

(E)    Cancelling UnFranchise® Owners: UnFranchise Owners must notify Market United Kingdom in writing that they are electing to cancel their UnFranchise Business. Products may be repurchased from the cancelling UnFranchise Owner within one (1) year of the original purchase date, less a 10% processing fee, if the following apply:

         (1)    The original purchase was made by the UnFranchise Owner directly from Market United Kingdom;

         (2)    The purchase occurred while the UnFranchise Owner Application & Agreement was in effect;

         (3)    The product is unencumbered and in the UnFranchise Owner’s possession;

         (4)    The product otherwise qualifies for return and is in marketable and resalable condition; and

Shipping and handling charges for the original and return shipment are nonrefundable. If commissions have been paid on an order that an UnFranchise Owner would like to return, the return will not be authorised. 

         Qualifying Returns for Cancelling UnFranchise Owners are products, which are:

         (1)    Product is on the current price list;

         (2)    Unopened, and any seal is fully intact;

         (3)    Not leaking;

         (4)    Does not contain extraneous label or other markings;

         (5)    There is no damage to the interior or exterior bottle or labeling;

         (6)    Sealed-pack literature has fully intact packaging;

         (7)    Is not food, custom product or gift card;

         (8)    Otherwise, in marketable and resalable condition; and

         (9)    Not expired.

Products have a valid expiration date if the product has at least five (5) months’ shelf life remaining before the expiration date. Products expiring within five (5) months from the return date are not considered marketable and saleable. Dietary supplements in liquid form and probiotic products have a valid expiration date if the product has at least three (3) months’ shelf life remaining before the expiration date. Dietary supplements in liquid form and probiotic products expiring within three (3) months of the return date are not considered as marketable or saleable. 

Early Cancellation Return Policy:

 

*Subscription kits are not refundable after ninety (90) days.

SEC. 6      ORDER CANCELLATION

All cancelled orders must occur before shipment and are subject to a 10% processing fee. The 10% processing fee applies to all cancelled orders, including without limitation UnFranchise® AutoShip, orders placed through the UnFranchise Business Account, telephone orders and paper orders. For cancellations submitted after shipment, please refer to Market United Kingdom’s Return Policy. Order cancellation occurring with frequency, indicating MPCP manipulation, is subject to corrective action.

SEC. 7       EXECUTIVE COORDINATOR’S BUY-BACK RESPONSIBILITY

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

(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 United Kingdom will initiate an “Upline Return Merchandise Acknowledgment” letter to the five (5) consecutive upline CECs (or higher UnFranchise Levels) only if: 

         (1)    An UnFranchise Owner cancels their account;

         (2)    Market United Kingdom receives from the UnFranchise Owner wishing to return the product the initial upline “Decline to Buy Back” letter signed by the sponsor (if active) and the first active upline CEC (or higher UnFranchise Level);

         (3)    The UnFranchise Owner returns the product to Market United Kingdom; and

         (4)    The BV/IBV 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 Levels) that were sent the same letter.

(D)    If Market United Kingdom receives no response from the five consecutive upline CECs (or higher UnFranchise Levels) within fifteen (15) business days from the date of the letter being sent, Market United Kingdom will initiate BV/IBV reversal.

SEC. 8       COMMISSION REVERSAL PROCESS

The Commission Reversal Process shall apply when all of the following occur: (1) products in resalable condition are returned to Market United Kingdom 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 cheque, credit to the Market United Kingdom account, etc.) will be or already has been issued, and (4) Market United Kingdom receives no response from the five (5) 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 United Kingdom 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 commission cheques in the reversal process. Example: 200 BV returned x 58% (6/5/11 to 6/5/12 average) = £80.00.

(B)    The computer will locate the most immediate of the five (5) consecutive upline CECs (or higher UnFranchise Levels) qualifying to earn a commission cheque or bank transfer for the next available weekly commission pay cycle and subtract the respective amount from the earned commission cheque or bank transfer. If none of the first five (5) upline CECs (or higher UnFranchise Levels) earns a commission cheque or bank transfer the next available weekly commission pay cycle, then the Commission Reversal Process will continue to search each week until one of the five (5) upline CECs (or higher UnFranchise Levels) earns a commission cheque or bank transfer.

(C)    If the identified CEC (or higher UnFranchise Level) qualifying to earn a commission cheque or bank transfer 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 cheque or bank transfer 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 cheque or bank transfer, the Commission Reversal Process shall subtract the original commission reversal amount from the immediate upline CEC’s (or higher UnFranchise Level’s) cheque or bank transfer. 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. 9       RESHIPPING RETURNED PRODUCTS

When product is returned to Market United Kingdom for any reason, if Market United Kingdom 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 United Kingdom receives product back (for whatever reason) to request that any returned package be reshipped. 

(A)    Within 30 Days: If either the paying UnFranchise Owner or the ordering UnFranchise Owner requests Market United Kingdom to reship the product, within 30 days from the date Market United Kingdom receives a returned product, and the BV had already been removed from the computer system, then the BV/IBV will be put back for the date of the original order. Accrual date corrections or adjustments caused by the removal of BV/IBV due to returned products will be considered on a case by case basis

(B)    Mote Than 30 Days: If neither the paying UnFranchise Owner nor the ordering UnFranchise Owner requests Market United Kingdom to reship product within 30 days from the date Market United Kingdom receives a returned product, Market United Kingdom will not reship the product. The paying UnFranchise Owner will receive a credit for the amount of the order based on current returns policies, less the 10% 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 America was unable to remove the BV/IBV from the computer system before it paid on at least one weekly commission cycle that included the returned products, then Market America will implement the Buy Back Policy and, if necessary, the Commissions Reversal Process. 

SEC. 10       RETAIL CUSTOMER RETURN POLICY

A customer making a purchase from an UnFranchise Owner of product other than food, custom product or gift card has 30 days after the sale to cancel an order and receive a full product refund from the selling UnFranchise Owner, so long as the returned product meets the Sec. 2 return qualifications.  

UnFranchise Owners may receive a refund for the products it has accepted as return from their customer, less a 10%  handling fee, from the company, provided written notification along with a dated retail receipt is received by Market United Kingdom within 30 days of the products original ship date to the UnFranchise Owner, and otherwise following the qualifying policies and procedures contained in this Chapter and in the Freight and Shipping Chapter of this manual.