Chapter 18: Return of Merchandise for Refund

 

SEC. 1    GENERAL REFUND POLICIES

(A)    As stated in Market Australia’s policies and procedures, which form part of the Independent UnFranchise® Owner Application and Agreement, only products, that are currently in a marketable and saleable condition can be returned for a refund. This means that a product must be listed on the current price list, must not be on the "no longer available" status list, must be undamaged, and must have a valid expiration date. 

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. 

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. 

(B)    Please find Market Australia return policy at: http://au.shop.com/info/terms-of-use.

(C)    A 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 percent refund

         (2)    Between 60 and 90 days the UnFranchise Owner receives a 75 percent 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.

(D)    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 Australia, it will not be refunded and will be returned to the UnFranchise Owner at UnFranchise Owner’s Cost. No Exceptions.

(E)    If the request to return product for a refund is received by Market Australia 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 Australia 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 Australia after it has been paid on in at least one weekly commission cycle, then Market Australia will implement the Commission Reversal Process.

(F)    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. 

(G)    UnFranchise Owners should allow 30 days for the processing of a refund once product is received by Market Australia. 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.

(H)    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 Australia will refund a non-paying UnFranchise Owner is if a signed letter from the paying UnFranchise Owner accompanies the refund request, authorizing Market Australia to refund the non-paying UnFranchise Owner, and this exception will be made on first-time orders only.

(I)    Shipping charges are non-refundable.

(J)    Market Australia will attempt to deposit your refund into the account on file for your commission deposits. If direct deposit is not successful, Market Australia will issue a refund cheque.

(K)    If UnFranchise Owners do not receive a refund cheque that has been approved and mailed; they can call UnFranchise Services to request a Stop Payment be placed on the refund cheque. 

         (1)    The UnFranchise Owner must wait two full weeks from the date the cheque was mailed to request a Stop Payment. If the cheque has not been cashed, a replacement cheque will be issued. There is no charge to UnFranchise Owners for Stop Payments on refund cheques as long as the cheque was never received by the UnFranchise Owner and he/she waits the full two weeks before contacting Market Australia. 

         (2)    If an UnFranchise Owner wants to request a Stop Payment on a refund cheque before the two-week waiting period is over - e.g. the cheque was tossed into the trash by mistake, etc. — there will be a service charge incurred by the UnFranchise Owner. If the cheque has not been cashed, a replacement cheque will be issued.

         (3)    Once an UnFranchise Owner has requested a Stop Payment, he/she should not attempt to cash the original cheque if it arrives. UnFranchise Owners must wait on the replacement cheque at that point.

(L)    Market Australia will issue a stop payment on any UnFranchise Owner's refund cheque that has not cleared the bank within six months of the date the cheque was issued. The amount of any such cheque, less the current stop payment fee, will be placed on the UnFranchise Owner's Market Australia credit account.


SEC. 2    30-DAY RETURN POLICY

The company will repurchase any Market Australia products that are currently marketable and in resellable condition, minus a 10 percent handling fee, if the purchasing UnFranchise Owner contacts Market Australia within 30 days of the products being shipped. Any commissions paid on returned merchandise will be deducted from the upline’s future commissions. 


SEC. 3    RETURN POLICY FOR CANCELING UNFRANCHISE OWNERS

UnFranchise Owners must notify Market Australia in writing that they are electing to cancel their UnFranchise Business. If Independent UnFranchise Owners are canceling 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 Australia within one year of cancellation, shall be repurchased, minus a 10 percent handling fee. Shipping charges are non-refundable. Any commissions paid on returned merchandise will be deducted from the upline’s future commissions. 


SEC. 4    ORDER CANCELLATION

All cancelled orders are subject to a 10 percent processing fee. The 10 percent processing fee applies to all cancelled orders, including without limitation UnFranchise AutoShip Orders, unfranchise.com.au orders, telephone orders and paper orders. For cancellations submitted after shipment, please refer to Market Australia’s Return Policy.


SEC. 5    MERCHANDISE RETURN PROCEDURE

Market Australia 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 Australia, 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 a written list of items and quantities they wish to return, along with the dates the products were purchased directly from Market Australia, 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. 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 current wholesale price minus a 10 percent 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 unearned commissions will be deducted from their future commissions. 

(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. 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 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 Authorisation number. All shipping costs must be paid by the UnFranchise Owner. No COD or collect shipments will be accepted. If the RA number 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 Australia also recommends that UnFranchise Owners insure all packages they return to the company.


SEC. 6    EXECUTIVE COORDINATOR’S BUY-BACK 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 Australia will initiate an “Upline Return Merchandise Acknowledgment” letter to the five consecutive upline CECs (or higher UnFranchise Levels) only if: 

         (1)    Market Australia 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);

         (2)    The UnFranchise Owner returns the product to Market Australia; 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 Levels) who were sent the same letter.

(D)    If Market Australia receives no response from the five consecutive upline CECs (or higher UnFranchise Levels) within 15 business days from the date of the letter being sent, Market Australia 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 resellable condition are returned to Market Australia 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 Australia account, etc.) will be or already has been issued, and (4) Market Australia receives no response from the five consecutive upline Certified Executive Coordinators (CECs) (or higher UnFranchise Levels) within fifteen business days from the date of the “Upline Return Merchandise Acknowledgment” letter being sent. Market Australia will initiate the Commission Reversal Process as follows:

(A)    The computer will multiply the total amount of Business Volume (BV) returned by a commission pay out factor (i.e. average percentage pay out 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 percent (6/5/07 to 6/5/08 average) = $116.

(B)    The computer will locate the most immediate of the five consecutive upline CECs (or higher UnFranchise Levels) qualifying to earn a commission cheque for the next available weekly commission pay cycle and subtract the respective amount from the earned commission cheque. If none of the first five upline CECs (or higher UnFranchise Levels) earns a commission cheque 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 cheque.

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

Market Australia’s SHOP.COM concept allows Market Australia to respond to market trends. If a product or product line is discontinued from a shop, Market Australia will not be able to offer an exchange or refund for any products that have been discontinued since the date of purchase from Market Australia.  


SEC. 9    RESHIPPING RETURNED PRODUCTS

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

(A)    Within Thirty Days: If within thirty days from the date of the package being received by Market Australia 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, then 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 Thirty Days: If neither the paying UnFranchise Owner nor the ordering UnFranchise Owner requests within thirty days from the date of the package being received by Market Australia 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 handling 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 Australia 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 Australia 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 has until midnight of the third business day after the sale to cancel an order and receive a full product refund from the selling UnFranchise Owner. When an UnFranchise Owner takes an order and the customer cancels or requests a refund within 72 hours of the sale the UnFranchise Owner must promptly refund the customer’s money. UnFranchise Owners may receive a refund for the products (less any processing fee and/or shipping charges) or an exchange of the same products from the company provided written notification along with a dated retail receipt is received by Market Australia within 30 days of the products being shipped to the UnFranchise Owner.