For a person who wants to become a Company
Direct Seller he/she shall follow the rules and regulations of the company as
per the law prevailing in our country, he/she shall have attained the minimum
18 years of age according to section 10 of The Indian contract Act 1872 or any
other law as prescribed by the government from time to time.
1. Registering person should have a sponsor who shall introduced the registering person to the company.
2. The Company Direct Seller shall submit application through its website along with the necessary KYC documents as prescribed by the law to the company. On such submission of application to the company, the associate will be treated/known as a Free Registered member till the activation.
3. After submitting the documents, the company shall verify the documents the company issues a unique login id and password to the Company Associates and shall not disclose the password and user id details to any one even if anybody represents from Fiawin International Private Limited staff members or management. If any associates suffer loss due to this activity sole responsibility vested in the associate and the company will not be responsible for the same.
4. While verifying the Identification documents given by Company Associates if any misrepresentation/fraud/forgery in any manner is found the company will issues notice to the associate to rectify the same failing which will lead to blocking/termination of his ID and/or proceed against the associate either civil or criminal or by both
5. After the successful registration the Company Associates can activate his ID by purchasing product/products to qualify as a company associates as prescribed in the website or company marketing documents prevailed time to time.
6. Fiawin International Private Limited will issue ID card, Certificate of Association and Visiting Card digitally. An Associate can download and print ID card, Certificate of Association and Visiting Card from his/her online login portal on his own cost. A Company Associates should carry their identity card whenever visiting a potential customer or attending company meetings and promotion companies. No other formats and designs will not be encouraged to represent the company wherever applicable and such representation will be treated as void.
7. At the initiation of a sales presentation, the Associate shall truthfully and clearly identify himself/ herself, the identity of the Company, the nature of the products or services sold and the purpose of the solicitation to the prospective customer. The Associate shall offer the prospective customer accurate and complete explanation and demonstrations of products and services, price, credit terms, terms of payment, return policies, terms of guarantee/warranty, after-sales service, etc.
8. The Associate shall provide the following information to the customers at the time of sale, given by company:
a. Name, address, registration number or enrolment number, identity proof, email ID and telephone number of the Direct Seller and details of Fiawin International Private Limited.
b. A description of the products or services to be supplied.
c. Explain to the consumer about the return policy of the company in detail before the transaction.
d. The order date, the total amount to be paid by the customer.
e. Time and place for inspection of the product, display and delivery of goods if any.
f. Information of his/her rights to cancel the order and/or return the product in saleable condition and avail refund (excludes taxes and courier charges if any) on sum paid.
g. Details regarding the complaint redressal mechanism.
h. Issue an invoice for every sale.
9. The revenue earned by each company Direct Seller shall be credited to his bank account, as per the periodicity mentioned in the website and marketing documents published time to time.
10. All payments attract applicable administration charges, presently @10% and TDS (Tax Deducted at Source as per Income Tax Act 1961). For that purpose, he/she shall submit a pan card copy and bank details.
11. Only One ID shall be registered under one PAN card and if multiple entries are found he/she shall be terminated without any notice.
12. Fiawin International Private Limited allows its Direct Seller for 30 days cool-off period to withdraw the participation and avail full refund for goods/service purchased.
13. For any Direct Seller who are not satisfied with any of the company’s goods/service or business plan he/she shall be returned the goods as per the return policy hereunder referred in Appendix A.
14. Fiawin International Private Limited terminates the contract within 30 days of reasonable notice to any Direct Seller, if the Direct Seller is found to have made no sales of goods/services for a period of up to two years since the contract was entered into, or since the date of the last sale made by the direct seller.
15. If any Direct Seller wants to terminate his Company Association, he/she must submit an application to the company 30 days in advance. Termination period will be 6 Months form the date of termination. After termination period, if he/she wants to rejoin the company he will be treated as new Company Direct Seller. Such rejoining will happen only after submitting an application to the company management and the management reserves right to accept/reject the proposal and the decision of the management shall be final.
16. If any Company Direct Seller found guilty for not binding the code of conduct of the company he/ she will terminate from the company after a 30 days’ notice period. If the Direct Seller did not respond to the notice., if he/she shall be terminated and prosecuted either civil or criminal or by both.
17. For any Company Direct Seller other than Individuals like Partnership firm, private or Public LTD companies, LLP’s, etc; shall submit their relevant documents such as partnership deed, GST, MOA, AOA, etc; to the company.
18. In case of any one of the above conditions that became null or void declared by govt or any legal authority the remaining conditions are active and enforceable in the same.
19. If a Direct Seller not satisfy with any conditions/products/termination or any other dispute touching upon the services of the company shall be referred to a sole Arbitrator appointed by the Company as per the The Arbitration and Conciliation Act 1996. The sole Arbitrator shall be appointed by the Company. Each party to the arbitration shall be responsible for their own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on both the parties to the dispute. The agreement to arbitration shall survive any termination or expiration of the Agreement. The venue of the Arbitration shall be at Thrissur.
20. All the disputes from this contact arising between the parties to this agreement shall be subject to the jurisdiction of the Thrissur Court only.
Code of conduct
1. Company Direct Seller will follow the highest standards of honesty and integrity in the Fiawin International Private Limited Business.
2. Company Direct Seller will present the Company’s compensation plan accurately and honestly, clearly portraying the level of effort required for achieving success.
3. Company Direct Seller will not make any negative or disparaging remarks about the company, its products, employees or any other people associated with company. He/She will be abiding to the Company’s norms as well as the direct selling Business.
4. Company Direct Seller shall not retail the products of Fiawin International Private Limited through retail outlets.
5. Company Direct Seller will not instigate, encourage, indulge or guide down lines for bonus rebate and refund of commission in order to become more competitive on pricing.
6. Company Direct Seller will strive to ensure that the customers are satisfied with the Company’s products and his / her service.
7. Company Direct Seller will not use the Company’s trade name(s), information, literature, advertising material, or any other resources including intellectual property, to introduce and promote interests of any entity other than the company.
8. Company Direct Seller will abide by the Fiawin International Private Limited Company Direct Seller Rules and Regulations/Norms all time.
9. Company Direct Seller will not resort to any fraudulent act in promoting the Company’s business at the expense of the Company and fellow Company Direct Seller.
10. During continuation and thereafter, the Company Direct Seller will not do anything that may adversely affect the Company and its reputation and business.
Miscellaneous Conditions
1. Safeguard of Intellectual Property of Fiawin International Private Limited
2. The Company has invested a lot to build this brand Fiawin International Private Limited which is now a very common name in the towns of this country. Fiawin International Private Limited is taking all the necessary legal steps to safeguard its interest pertaining to its Intellectual Property. It is a duty to all the Company Associates to safeguard the Fiawin International Private Limited intellectual property like its Trademarks, Patents and Copyrights.
3. A Company Associates shall not infringe & bring into the notice of Fiawin International Private Limited if any such infringement of such Intellectual Right is happening under his watch.
4. All printed materials, labels, logos or slogans are the Copyright material Fiawin International Private Limited and its Associate companies, No Company Direct Seller or any other person has the right to use wholly or partly, the printed material without the written permission of the Fiawin International Private Limited and/or Associate companies.
5. No Associate can repack the products or change the label, mark or logo of the company.
a. Advertisement and Social Media
6. Company Direct Seller can advertise about the Fiawin International Private Limited business and/or the product through social and print Media provided the Direct Seller has taken prior permission to use the Name of the company and its trademarks and copyrights, in writing from the company.
7. It is the responsibility of the Company Direct Seller to ensure that no misleading, deceptive text, picture, video etc;. has been advertised, which can allure anyone to join Fiawin International Private Limited business or buy Fiawin International Private Limited products.
8. All such advertisements should particularly be in consonance with the official literature of Fiawin International Private Limited.
9. Infringement of Fiawin International Private Limited's Intellectual property rights or use of its Name or official logo without a prior written permission shall lead to strict legal action against such delinquent Direct Seller along with such actions given in this code of ethics.
No Principal- Agent Relationship
1. A Company Direct Seller shall work as an independent contractor and nothing shall establish either an employment relationship or any other labour relationship between Fiawin International Private Limited and the Company Direct Seller to act as a producer, broker, commercial agent, contracting representative or other representative of Fiawin International Private Limited or its affiliated/subsidiary company.
2. Company Direct Seller shall not open a Bank account in the name of company i.e. Fiawin International Private Limited.
3. Company Direct Seller should not sell or buy products on credit. If he/she does so then he/she will be solely responsible, and the Fiawin International Private Limited shall not bear any consequences in case of bad-debts.
4. No Tolerance towards Unlawful/unethical Business Practices: Fiawin International Private Limited believes in healthy competition and good conscience, hence Fiawin International Private Limited shall not tolerate any of the unethical business practices.
5. It is prohibited to change or misuse other Direct Seller Application Form, to stop the sale of the team or to utilize the sales of the team to complete personal sales volume targets.
6. If a Company Direct Seller after taking/accepts payment from any other Direct Seller against the products and fails to deliver the Goods/Services and/or does not issue the bill for sale and/or misuses the sale money for his/her own benefit, Fiawin International Private Limited shall take a strong legal action against such Company Direct Seller by civil or criminal or by both.
7. It is prohibited to offer any benefits in cash or kinds or to make any false promises to enroll somebody in the Business group.
8. It is prohibited to pressurize the team to sell products or use the sales of any other Direct Seller to complete his/her own sales volume target or the sales volume target of any Direct Seller of his/her team. A Company Direct Seller shall not advise anyone to buy Fiawin International Private Limited products in unnecessarily large quantities knowingly or unknowingly.
9. If a Direct Seller is found guilty of any of the above code of ethics of the company the Direct Seller will be terminated as per the termination close prescribed in this agreement. Company has the sole right to make any change in the Products, Price and Business Volume of the Products, Business Plan and Code of Ethics as per requirement at any time without any prior notice. Such change shall be communicated to all the associates through the official website of Fiawin International Private Limited. Fiawin International Private Limited shall not be responsible for any loss of the Associate due to any change thereof.
10. Fiawin International Private Limited shall not be responsible for any kind of losses occurre due to the termination of a Direct Seller. Direct Seller will be solely responsible for all the losses.
Enforcement of Code of Ethics
1. Violation of Code of Ethics based on Multilevel Marketing Guidelines (Both Central and state) is an extremely serious matter, not only because of the effect it may have on the business of an individual Company Direct Seller, but also, the result this conduct may have on the opinions of the Fiawin International Private Limited business held by the public, the media and government officials.
2. Fiawin International Private Limited Direct Seller must follow these codes of ethics in their respective business teams. In case of violation of these codes of ethics, the Company Direct Seller who is aggrieved from the violation of these ethics from any other Company Direct Seller, can reach-out to the management and can complain the unethical practices to the management, immediately.
3. Fiawin International Private Limited will make every effort to correct any violation through guidance and counselling, further action may be required in more serious cases including, but not limited to the following, which may be applied by Fiawin International Private Limited in any order or in any combination
4. Conduct reorientation meetings and charge back the expenses to the Line of Sponsorship;
a. Suspension period for the offending Company Associates;
b. Suspend invitations to company-sponsored trips,
c. Suspend authorisation to conduct sponsoring activity,
d. Hold / forfeit payment of commissions, higher award monies, or other monies payable to the business.
Termination of the offending Fiawin International Private Limited Company Associates.
1. Fiawin International Private Limited will allow the Company Direct Seller for corrective action within the time limit specified in the showcase notice. In case, if the company Direct Seller fails to go through the corrective measures within the expiration of the time limit, Fiawin International Private Limited will take further action directly. Notice of such action shall be given by letter addressed to the violating Company Direct Seller.
2. Termination and sponsorship of Fiawin International Private Limited Company Direct Seller:
a) Termination of Fiawin International Private Limited Company Direct Seller means Fiawin International Private Limited terminates all the contracts it reached with the concerned Company Direct Seller. From the date of issuance of the termination notice, the terminated Company Direct Seller will immediately lose all the rights and interests, including the bonuses generated from the concerned Fiawin International Private Limited business.
b) When a Fiawin International Private Limited business is terminated, the former Fiawin International Private Limited Company Direct Seller loses all his/her position in the network, including, but not limited to, bonus ranks and eligibility.
c) Fiawin International Private Limited has the right to terminate the agreement after issuing a 30 days’ notice period in the event of a serious breach of this Code and terms and condition of Business.
3. Fiawin International Private Limited Buy Back Policy for Customers/Fiawin International Private Limited Business Direct Seller:
Customers / Fiawin International Private Limited Direct Seller may return the products within 30 days of invoice as follows:-
Product return and ID termination
Fiawin International Private Limited stands behind the quality of its products and guarantees your satisfaction.If for any reason you are not completely satisfied with the products/service and plan, you may return it within 30 days from the date of Invoice of the product as per the condition described APPENDIX A.
Replace/exchange products with other products of the company
If you need to change the products you may need to have the original invoice copy. Thereafter, the Customer / Direct Seller can exchange the products from the Company within 180 days from the date of invoice and must submit the following at the time of exchange and help us in our services as per the condition prescribed in APPENDIX B.
Product return and setoff the gold value in it
If any distributor desire to sell off the ornaments to company and encash the gold value in it, company made it possible as the condition prescribed in the APPENDIX:C
4. Direct Seller from which payment was made. Fiawin International Private Limited shall have the sole discretion to determine the mode of reversal from the above options. No cash refunds under any circumstances will be made. The refund amount will be credited through bank account.
Shipping Cost
You will be responsible for paying your own shipping cost for returning your items. Shipping costs are non-refundable. In some exceptional cases, if the cost of the shipping is paid by the company the shipping cost of the return product will be deducted from the refund amount.
5. Cancellation of transaction / orders
6. Cancellation by Fiawin International Private Limited: There may be certain orders that Fiawin International Private Limited is unable to accept and has the right to cancel such orders. Fiawin International Private Limited reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in a Customer / Fiawin International Private Limited Direct Seller order being cancelled include, without limitation, non-availability of the Product or quantities ordered. Fiawin International Private Limited may also require additional verifications or information before processing any order. If a Customer / Fiawin International Private Limited Direct Seller order is cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Customer / Fiawin International Private Limited Direct Seller either to the bank account provided for such reversal, or to the payment instrument from which payment was made. Fiawin International Private Limited shall have the sole discretion to determine the mode of reversal from the above options.
7. Cancellation by the Customer / Fiawin International Private Limited Direct Seller: In case of request for order cancellation, Fiawin International Private Limited reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Fiawin International Private Limited receives a cancellation notice and the order has not been processed, Fiawin International Private Limited may cancel the order and refund the entire amount to the Customer / Business Associate within a reasonable period of time. Fiawin International Private Limited will not be able to cancel orders that have already been processed. Customer / Business Associate agree not to dispute the decision made by Fiawin International Private Limited and accept Fiawin International Private Limited decision regarding the cancellation.
Appendix A - Return Policy
Product return and ID termination
1. Company offers 30 days money back facility for newly activated ID holders from the date of activation.
2. Any company Direct Seller who is not satisfied with any of our product/service or business plan he/she shall return the goods along with the original invoice stating reasonable reasons within 30 days of purchase provided that product should be in resaleable condition.
3. On Return of the product; distributor ID will be treated terminated and all rights as distributor will terminated immediately. No further notice is served on this regard.
4. Return will be facilitated in company head office or any other places company set up for taking return of the product from the Id holders. No distributors, franchisees are not an authorized person to taking return of the product.
5. There should be a valid reason for the return of the product.
6. The return of the products must be supported with original invoice/bill of purchase.
7. All other documents/proceeds collected or earned by distributor will be surrendered or refunded to the company before settlement of return amount.
8. The original purchaser only can return the product. No other person on his /her behalf can return the product.
9. The product which is going to be returned must have the quality and condition prevailed at the time of purchase. And it should be in marketable showroom condition.
10. Upon the acceptance of the returned product by the company, the legal taxes and levies charged on it cannot be refunded.
11. The refund amount will be paid to the distributor’s bank account only.
Appendix B - Replacement/Exchange Policy
Replace/exchange products with other products of the company
1. Company offers 180 days’ time to replace product from the date of purchase.
2. Any company associates who are not satisfied with design or want to exchange with the other models or products can replace or exchange as per conditions prescribed hereafter.
3. Replacement/exchange will be facilitated in company head office or any other places company set up for exchanging/replacing the products from the ID holders. No distributors, franchisees are authorized person to exchange the products.
4. There should be a valid reason for the exchange/replacement of the product.
5. The exchange/replacement of the products must be supported with original invoice/bill of purchase, packing cases/boxes which were supplied at the time of purchase.
6. Product should be in salable condition and should have the unremoved tag on the product as it was on it at the time of purchase. Any damage/ scratches eighter in the product or in the tag will be entertained.
7. All replacement and exchange will be equal or higher in weight and the purchase amount. No weight redemption and refund will be entertained.
8. If there is any deference in weight, excess weight will be billed separately along with applicable taxes replacement charges if any and same will be payable before exchange by the Direct Seller/ID holder.
Appendix C - Product return and valuation policy
Product return and setoff the gold value in it
1. Company offers any time return and setoff the gold value in it.
2. Any company Direct Seller who wants to encash the gold value of the ornaments can contact the company as per conditions prescribed hereafter.
3. Return will be facilitated in the company’s head office or any other places company has set up for exchanging/replacing the products from the ID holders. No distributors, franchisees are not an authorized person to exchange the products.
4. The return of the products must be supported with original invoice/bill of purchase.
5. The original purchaser only can return the product. No other person on his /her behalf can return the product.
6. Refund amount will be calculated as per the current rate of 99.99 gold
7. Wear and tear/ loss/redemption of gold weight will be deducted from the net weight and actual gold will be taken into consideration for settlement.
8. Applicable taxes and charges will be collected.
9. The refund amount will be paid to the distributor’s bank account only. No cash settlement will be entertained.
Appendix D - Product Warranty and service conditions
FIAGOLD ornaments are made with 10% pure gold which is filled on the outer surface of the ornaments.
All warranty for the products for normal usage under normal environmental conditions.
FIAGOLD assures that the quality of the 10% gold filled ornaments will last over ordinary long usage, under normal conditions.
FIAGOLD ornaments are not suitable to those who has skin allergy/reaction towards gold ornaments.
Since FIAGOLD is coated with 10 percent pure gold, there are remote chances of having skin allergies. The wear and tear of the ornaments over prolonged usage and the subsequent reduction of the gold content will not be the responsibility of Fiawin International Pvt Ltd. However by extensive use of the ornaments leading to reductions in the quantity of the gold, chances of allergy developing by the base alloy metal cannot be ruled out and Fiawin International Pvt Ltd would not take the responsibility in case of such eventuality as aforesaid.
Physically tampered products cannot be exchanged, returned or comply any warranty.
Fiawin International Pvt Ltd offers One year service warranty to FIAGOLD ornaments as per the details mentioned Appendix D
Service charges
Breakage: In case breakage of ornaments due to any reason, company will service the product at nominal service cost. Currently the service cost is Rs. 100 Per gram. In case of applying additional gold weight on the ornaments at the time of service that will charge as the per the current rate. Customer should surrender the product along with original invoice at company service centers and should allow the required time for service. Further company will charge any additional cost incurred at the time of delivery of serviced ornaments such as courier charges, transportation etc.
Manufacturing defect such as peel-off gold layer or any such complaints will be rectified on free of cost up to 5 years. Delivery charges if any, like courier charges, transportation etc. will be chargeable.
Gold reduction due to wear and tear: Company will charge the additional gold wight applied on the ornaments Plus a service charge Rs. 20/- Per gram subjected to minimum Rs.100/-.