Orders and Returns
Personal Group Volume Rebate Representations
Members will not make representations regarding Group Volume Rebates received by any member. Breach of this policy is sufficient cause for termination. Avena Originals believes that the real Rebate potential is sufficiently attractive to eliminate the temptation to make misleading or unrealistic claims. Avena will not permit Rebate representations to be made in any manner for recruitment purposes.
Avena Originals Health Club members must be minimum age of eighteen (18) to be accepted as a Health club Member.
Change of Address
Please promptly notify Avena Originals of any changes of address so that we may ensure your orders and correspondence are sent to the correct address.
Conventions And Tradeshows
Avena Originals does not restrict Health Club Owners from displaying Avena Products at Conventions and Trade Shows. However, approval must be received from Head Office before any display is presented at these events.
It is very important that you carefully choose these events. Avena Originals encourages you to contact Head office for further advice on these types of marketing.
If a new Member has a business name, the name of the owner of the business must also appear on the application. The Name “Avena Originals” may not be used in any business name as it is a registered trademark.
Retail Store Policy
Avena does not restrict the sale of its products by Retail Stores; however, all retail establishments selling the Avena Originals line of products must become a Member of someone’s Health Club and participate in the Avena’s Group Volume Rebate the same as any other Individual wishing to participate in the use of these Exciting Lifestyle Products. There will be no additional discounts offered to any Retail Store participating in the Membership Program with the sale of the Avena Product line.
All retail establishments must market the Avena Products for not less then Suggested Retail prices established by Avena Originals. Any violation of these policies and procedures may result in termination of membership.
Avena Originals is dedicated to making these exciting products available to as many individuals as possible and is keeping a close eye on any Member operating a Retail Store to ensure that no additional benefit is derived from the operation of a Retail store than is available to all Members participating in the Avena Membership Program.
Avena reserves the right to market the Avena Originals products through Professional establishments. These establishments must be approved by Avena Originals, and will purchase all products directly through Avena Originals only. All approved Professional establishments will sign an agreement to guarantee that products are not marketed for less than Avena’s Minimum Selling Price as shown on Price List included with this agreement.
Avena does not recognize any territorial boundaries with Avena’s opportunity. Members may conduct their business in the provinces as identified by Avena Originals
No Member shall imply or state that they have an exclusive territory.
All Health Club Members should be licensed in accordance with provincial and local municipal regulations. It is the responsibility of the Member to become aware of the licensing regulations that affect him/her. For general guidelines contact local city officials
Written Notice of Change
Avena Originals reserves the right to change any of the terms and conditions contained in the Application for Membership, or in price lists, (including, without limitation, the Members’ cost of products, Memberships, amount of GVR (Group Volume Rebate) and the Platinum & Diamond Bonus Program), provided that we send a written notice of changes at least 15 days prior to the changes becoming effective.
Provincial Sales Taxes
Most provinces levy a provincial sales tax based on the Suggested Retail Price. Avena Originals recommends that you add the provincial tax to your customer’s sales if it is applicable in your province.
Goods And Services Tax
Avena Originals is required to charge GST on all goods sold to Members.
If the Member is registered to collect GST, he/she is responsible for compliance in collecting and remitting the GST as per Revenue Canada Customs and Revenue Agency. Avena Originals is not responsible for Member’s failure to comply with all Federal or Provincial regulations regarding operating a business.
It is necessary that Members use Sales Contracts (Product Order Forms) where appropriate. All customers should receive a receipt of payment that shows products purchased, quantity and price, applicable taxes, and the total payable upon completion of sale.
Avena Originals is the sole Manufacturer/Importer of Avena Originals products for resale in Canada and the United States. Private importing of products for resale is grounds for termination of Membership Agreement.
Altering Or Removing Labels
No Member shall in any way alter, change, or remove the label or instructions intended by Avena Originals to accompany a product.
Recruiting For Other Companies
The Members of Avena Originals are free to participate in any other direct-sales organization they wish. However, it is deemed unethical to use Avena Originals Genealogy Reports or Avena-organized meetings, seminars, or conventions to recruit new distributors for other companies. Violation of this policy will be grounds for termination of the Membership agreement.
Increasing Bonuses or Overrides
Any practice which creates unnatural conditions for the purposes of increasing bonuses or overrides, without legitimate business activity, by active Members will be grounds for termination.
Re-Sponsoring A Current Member
It is considered unethical and grounds for termination if a Member goes out of his/her way to induce another Member to resign and re-sponsor into his/her Health Club.
False or Damaging Statements made by Any Avena Health Club Member
Any Member of Avena Originals, making damaging statements about Avena Originals, the products, or its Members is grounds for termination of his/her membership; therefore forfeiting all benefits received including any rebates paid from organizations–present or future.
Limitation Of Liability
Avena Originals shall not be liable for any damage (including special and consequential damages), loss, injury, expense, or fee (including legal fees) whatsoever, suffered or incurred by an Avena Member as a result of, or arising out of, the purchase, distribution, or sale of Avena Original’s products or any materials or documents provided to the Member thereunder or under the terms of the Membership Agreement.
Call Home Office Regarding Legal Problems
Call Head Office for advice on any potential legal problems. Remember, you are an independent business person engaged in an ethical business. You have your rights! But it is important that you conduct your business in a lawful, ethical, prudent manner in order to avoid unnecessary problems.