The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
All notices from TriStar Wellness to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to TriStar Wellness shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
TriStar Wellness
P.O. Box 725
Villa Rica, GA 30180
Delivery shall be deemed to have been made by You to TriStar Wellness five (5) days after the date sent.- Copyright
All content appearing on this Web site is the property of:
TriStar Wellness
P.O. Box 366
Villa Rica, GA 30180
TriStar Wellness©
US Copyright Statues protects TriStar's materials. All rights are reserved, including the right to alter, revise and reprint these materials in whole or in part.
Reproduction in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system is not permitted now or in the future without the prior written consent of the owner of the copyright.
Because of the copyright (and the technical information required to market the Company), no one shall have the right to reproduce for personal use or for sale any marketing materials, literature, logos, recorded Company events, speeches, flyers, videos, brochures or other aids relevant to TriStar without prior written consent of the Company.
This policy includes any advertising on the Internet. A Customer may not use Company name, logo or product names on a web site that has not been approved by the Company. Producing or using unauthorized materials will be grounds for immediate termination.
As a user, you are authorized only to view documents on this Web.- Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. TriStar Wellness and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if TriStar Wellness believes that customer conduct violates applicable law or is harmful to the interests of TriStar Wellness and its subsidiaries.
TERMS AND CONDITIONS:
The Terms & Conditions are specifically incorporated herein by reference, between TriStar Wellness, LLC. (“TriStar” or “Company”) and the Customer (“Customer”). They shall be effective only upon acceptance by the Company, at its principal office, TriStar Wellness, LLC. 1836 Carrollton-Villa Rica Hwy., Suite-209 Villa Rica, GA. 30180
Customer Guarantee:
(Initial Purchase)
If a Customer is dissatisfied with their product, TriStar Wellness will refund the full purchase price of any initial order that was placed directly with TriStar Wellness (less shipping charges) within 30 days of receipt (see “Return Merchandise Authorization”). TriStar Wellness will not honor product refund requests made after 30 days of Customer receipt of any given order. Requests to refund multiple orders for previous months will not be honored by the company. Refusal to accept shipment is not considered an acceptable form of return.
(Non-Initial Purchase)
After the initial purchase, a TriStar Customer may only return “resalable", unused products with current labels and intact seals in good condition. Should the package contain damaged product (therefore rendering them non-resalable) the Distribution Center will reject the return. This product must be shipped back (prepaid) to TriStar Wellness (see “Return Merchandise Authorization”). The Customer will be refunded 80% of the net cost of the product.
Return Merchandise Authorization
Any product being returned to TriStar Wellness must include a Return Merchandise Authorization (RMA) Number issued by a TriStar Wellness Support Team Representative. The RMA issued will be valid for 30 days. Only authorized returns that bear the appropriate RMA number will be honored. We will not honor or be responsible for any unauthorized return.
To obtain an RMA Number from TriStar Wellness, you must send us a copy of the completed Retail Sales Receipt and written explanation for the requested item via letter or email. Upon receipt, TriStar Wellness will issue a Return Merchandise Authorization (RMA) number to return the unused portion of the product to TriStar.
Return Shipping
Any and all shipping or courier costs for the return of products will be the sole responsibility of the Customer. It is recommended that a reliable, traceable, and insurable courier be used for shipping.
Non-refundable Items (Non-Initial Purchase)
Opened products, discontinued or opened sales tools and/or products purchased from independent vendors are not refundable.
When the above procedure has been completed and the return has been verified, a refund for the purchase will be issued in the original form of payment within 30 days. For more information, contact the TriStar Wellness Support at support@tristarwellness.com.
CUSTOMER AGREES:
1) Customer is of legal age in the state or country in which he/she resides.
2) Customer is, upon acceptance, a Customer, called Customer, conducting business for his/her own account and not an agent, employee, or franchisee for any Company.
3) Customer agrees that he/she may choose to have their products automatically shipped to them on the day of the month they specify. Automatic orders are voluntary and initiated solely by the Customer. The product/s a Customer designates will be automatically processed each month on the day they specify, regardless of any other order/s they have placed during the month. The Customer can change the order up to five business days prior to the processing date according to the Company Policies and Procedures.
4) Customer will not make any claims of any kind pertaining to benefits of the company?s products and services except those given in official company promotional media.
5) Customer shall not represent or imply, directly or indirectly, that the Company has been approved or endorsed by any governmental agency. Federal and State regulatory agencies do not approve or endorse any company or products.
6) Customer will indemnify and hold the Company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Customer?s statements or actions in violation of this agreement.
7) Prior to returning any products, Customer must obtain a Return Authorization from Company. To acquire this authorization you must submit written documentation and call Company Customer Services Department. A Return Authorization number will be assigned to the Customer and products or acceptable literature/promotional items must be shipped to Company?s Corporate Office, freight prepaid, by the Customer with the Authorization Number affixed to the outside of the package. All Non-Initial Purchase returns must be in their original, resalable condition. Refundable items do not include audiotapes, videotapes, CD?s or software and should not be returned.
8) All product(s) in resalable condition purchased within 90 days prior to termination may be returned (shipping prepaid). Company will repurchase such products at 80% of original price. All current sales aids in resalable condition purchased within 90 days prior to terminating may be returned (shipping prepaid). Company may repurchase such materials at 80% of original price.
9) Customer hereby has supplied TriStar with his/her electronic signature for TriStar files and understands that this electronic signature is the signature of record for all credit/debit card and any future credit/debit card transactions.
10) An administrative processing fee of $3.00 will be charged on each order.
11) Customer is aware of the quality of products offered by the Company and other costs and contractual obligations that occur when he/she purchases products from Company. Customer understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Customer. Customer therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except through Company. Any order returns, refunds or exchanges shall be done through Company and not through any credit card company.
12) In the event that any check (monies) by any method is returned unpaid, I authorize TriStar to debit my account for the face amount plus up to a $35.00 processing fee. If said amount remains unpaid, I understand that I could lose my current Customer status and that until my account is brought current I could forfeit certain purchasing rights and privileges.
TriStar AGREES:
1) Company will retain full authority to accept or reject any order for products. Such refusal is solely within the discretion of Company. No right of action against Company will arise because of any such acceptance or refusal.
2) Company reserves the rights to amend, revise, institute, alter, or modify changes including but not limited to prices, literature, policies and this Agreement. Any such revisions become effective by email, letter(s), or by publication in official company literature, posted to Customer at her/his last known address. Customer agrees to be bound by these changes. Changes will become part of agreement 30 days after notification.
3) Company shall not be responsible for acts beyond its control, including, but not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
4) Company assumes no liability for personal injury arising from the use or mishandling of any of the Company product(s).
5) Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Customer has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
6) Company will honor refund policies provided by any governmental law applicable to Customer.
7) Company requests that all Customers obey the letter and the spirit of the laws of God and man and that they treat the Company, fellow customers and companies with fairness and dignity.- Privacy Policy
Privacy PolicyTriStar Wellness understands your concern regarding your personal information and how it is used and shared and we appreciate your trust and want to ensure you that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting tristarwellness.com or any of its affiliated websites, you are accepting the practices described in this Privacy Notice.
We will never willfully sell, trade, rent, disclose or make available personally identifiable information about you to any third party without first receiving your permission, except when we believe in good faith that the law requires it or to protect the rights or property of TriStar Wellness.
The information we learn from our visitors helps us personalize and continually improve your experience with TriStar Wellness. You provide information when you search, buy, participate in questionnaires or communicate with customer service; provide or update information in your account area; communicate with us by phone, e-mail or otherwise. You provide your e-mail address which is your username and personal password which allows you access to special areas of our website. We store your shipping and billing addresses, your phone number, your e-mail address and your TriStar Wellness Customer Identification Number (CIN). We use the information that you provide for such purposes as responding to your requests, customizing the look and feel of our site, shopping and communicating with you.
We receive and store certain types of information whenever you interact with us. Like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses tristarwellness.com or any of its affiliated sites. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide certain features. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of our website's enhanced features, and we recommend that you leave them turned on.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information that you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer, so be sure to sign off when finished using a shared computer. In addition, our server is protected by a firewall to prevent unauthorized access to any information that we store. As with all web usage, it is important for you not to share your personal code or password with anyone else. With that information, someone could log on as you. Although TriStar Wellness never displays your credit card information on our website, someone logging on as you could access less confidential data, such as your name or shipping address. If you have questions or concerns regarding this privacy statement, contact us at support@tristarwellness.com- Consumer Agreement
- POLICIES & PROCEDURES
The Customer Account Application, Terms & Conditions along with these Policies & Procedures are specifically incorporated by reference into the Customer (hereinafter “Customer”) Application and constitute an Agreement and have the same effect and force. Together, they form the Agreement between TriStar Wellness, LLC. (Hereinafter “Company” or “TriStar”) and the Customer and are effective only upon acceptance of the Application by the Company, at its principal office at: 1836 Carrollton-Villa Hwy. Suite - 209, Villa Rica, GA 30180.
These Policies & Procedures are established to clarify and define the rights and responsibilities of the Company and its Customers. They are provided as guidelines for both the Customers and the Company to interact in the most effective manner. Since these materials can change from time to time, it is the responsibility of the Customers to keep current regarding such changes.
ADVERTISEMENT
In order to maintain the integrity and accuracy of the Company image, stringent requirements and guidelines governing advertising and promotion must be imposed. Customers are prohibited from using any type of advertising using the name of TriStar or its products without the written approval of an executive of the Company. Misuse of the Company name or logo and its affiliated products and/or services diminishes the goodwill of the Company and affects all Customers. No Customers is permitted to advertise in any medium, other than personal contact or personal phone calls.
Any prospective ads or scripts must be submitted for written approval. The Company must approve any advertising on the Internet using the Company logo, name, trademarks, products, etc., in writing.
AUTHORIZED PROMOTIONAL MATERIALS
Only those materials, which have been made available directly by the Company, are allowed for promotional purposes. The Company will produce and offer for sale at a reasonable price any additional materials requested by the Customer. No reproduction, personalization or modification of any of these Company materials is allowed in any form. Customers may not develop, publish, sell or distribute any promotional materials he/she creates. This prohibition applies also to Sales Aids and brochures promoting any product or service offered by TriStar Wellness.
USE OF COMPANY NAME / LOGO
The Customer may not use the TriStar Wellness name or logo in directory listings and on business cards or letterhead. No other use of the TriStar Wellness name or logo is permitted without prior written consent of the Company.
The TriStar Wellness name may not be used with the name of any other company in any advertisement, business card, letterhead, electronic message, Internet, etc.
AGE REQUIREMENT
The Customer agrees that he/she is at least 18 years of age and/or of legal age in their state of residency.
AGREEMENT - THE TERM
The term of this agreement is one year from the date of this agreement and is self renewing on an annual basis so long as the Customer maintains an active relationship with TriStar in accordance with TriStar's then current rules regarding activity.
AMENDMENTS
Since federal, state and local laws may periodically change as well as business practices, in order to maintain a current and viable business, TriStar specifically reserves the right to make any amendments, changes and/or adjustments it deems necessary with respect to, but not limited to, any written materials (literature) and/or sales aids and/or products. Any such changes shall supersede any prior communication in relation to the part being changed and shall be incorporated as a part of the agreement between TriStar and its Customers within 30 days after notification. Notification will be given in one or more of the following ways:
· Email
· Included with personal product order
· Web Site Announcement
· Special Mailing
AUTOMATIC ORDERS
Customers may choose to have their products automatically shipped to them on the day of the month they specify. Customers purchase products at low direct prices from the company. Automatic order customers, however, enjoy an additional discount.
The products a customer designates will be automatically processed each month on the day they specify, regardless of any other orders they have placed during the month. The customer can change the order up to five business days prior to the processing date.
When the processing date of an automatic order falls on a weekend or holiday, the order will be processed the following business day. To sign up for Autoship, simply go online to the TriStar Wellness website and set-up your Autoship order or call Customer Services at (770) 456-7051 and let them know. They will gladly help place the first Autoship order and establish a processing date.
Automatic orders may be paid by electronic debit/credit, Visa, MasterCard, American Express or Discover.
AUTOSHIP CANCELLATIONS
Automatic order cancellations must be received by TriStar Wellness mail, email or fax at least five business days prior to the processing date. For prompt processing, request must include the Customer Name and Identification Number. If an Autoship package is returned or refused, the automatic order may be cancelled and the Customer Account may be subject to termination as listed in these Policy & Procedures. The terminated Customer may not re-establish an account for three (3) calendar months following the month in which the termination occurred.
CANCELLATION
A Customer may cancel at any time and for any reason by notifying the Company in writing or via email of his/her decision to cancel.
A Customer who elects to cancel this Agreement or is involuntarily terminated loses all rights to purchases. The Customer who is terminated or canceled will be eligible to reapply after three (3) months. A terminated Customer who that wishes to reenter the Company is subject to approval.
CHANGE OF ADDRESS
A Customer requiring a change in his/her record (address, telephone number, etc.) must send a signed letter to Company Services Department requesting the change. Any order being returned due to Customer's failure to notify Company of address changes will be re-shipped only at the Customer's expense and upon request.
CHANGING – PUBLISHING MATERIALS
· A Customer has no authority to change, omit, add to, waive or discharge or alter in any way any provisions of publications or agreements issued by the Company. Customer will not publish, distribute, telemarket or circulate advertisements on behalf of the Company in connection with the Company products
· Any ad must have first been produced or approved in advance in writing by an executive officer of the Company.
· Customer must not state or imply that the Company approves or endorses any privately produced literature or materials.
· Customer understands that the Company offers an approved web site and email address to its Customers under the Company’s role to help its Customers.
· All Internet sites that mention TriStar and/or its products must be pre-approved by the Company in writing.
CLAIMS – PRODUCTS
· Customer will not make any claims of any kind (which can include personal testimonies) pertaining to the Company’s products except those given in official Company promotional materials.
· Customer, under any circumstance, will make no claims concerning any TriStar product.
· Customer’s are expressly forbidden to imply that additional products or services will be added or that enhancements to the products are forthcoming.
· TriStar insists on very rigid adherence to this policy and will not tolerate false or misleading claims as to the value anticipated.
COMMUNICATION CHANNELS
As a sponsor, it is the responsibility of each Customer to submit all questions to the Company. Contact with the Company should be made via email first at the following email address: customerservice@TriStarWellness.com. Phones calls to the Company should be made only after email communication is attempted. This system has been established to allow for efficient customer service operations.
COMPANY
TriStar is a well-established company and markets its products and services exclusively through it Internet Website.
COMPLIANCE
The Company recognizes that its Customers only purchase products/services for personal and family use and receive no commission for such purchases. Additionally, the Company expressly prohibits purchases of products/services solely for purpose of resale.
CONFIDENTIAL INFORMATION
TriStar will supply Customer Account Reports to its Customers upon written request. The Customer agrees that such information is proprietary and confidential to TriStar and is supplied to the Customer in confidence.
Both Customer and TriStar agree that except for this Agreement of Confidentiality and Non-Disclosure, the Company would not provide the above confidential information to anyone except the Company’s Authorized Merchant Service Provider or the Customer. Violation of this confidentiality requirement is grounds for termination.
Upon termination, in any form, all copies of any Confidential Information in the possession of the Customer, or under his/her control, or any copies, must be returned to TriStar, if requested. Customer understands that this Confidentiality Information specifically survives the Customer relationship for a period of not less than three years from the date a Customer is terminated for any reason.
Customer, for a period of three years following the termination of this agreement, further agrees that he/she will hold in confidence any confidential information that Customer obtained during the term of his/her association with TriStar and that Customer will not use such items or information directly or indirectly.
COPYRIGHT
US Copyright Statues protects TriStar's materials. All rights are reserved, including the right to alter, revise and reprint these materials in whole or in part.
Reproduction in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system is not permitted now or in the future without the prior written consent of the owner of the copyright.
Because of the copyright (and the technical information required to market the Company), no one shall have the right to reproduce for personal use or for sale any marketing materials, literature, logos, recorded Company events, speeches, flyers, videos, brochures or other aids relevant to TriStar without prior written consent of the Company.
This policy includes any advertising on the Internet. A Customer may not use Company name, logo or product names on a web site that has not been approved by the Company. Producing or using unauthorized materials will be grounds for immediate termination.
CORPORATIONS, SOLE PROPRIETORSHIPS & PARTNERSHIPS
Corporations, Sole Proprietorships and Partnerships may not become a Customer.
CUSTOMER DEFINITION
1) Customer is one who has filled out and submitted a Customer Account and Order Forms that have been accepted and approved by Company. The Customer, once application has been accepted, may purchase products from the Company at the listed prices cost.
2) Company reserves the right to accept or reject anyone as a Customer. If Company rejects an order, notification of such rejection will be given within thirty (30) days from the date the Order Form was received at the Company Corporate Office or Website.
3) Married couples may become a Customer either as joint applicants or as individual applicants.
4) If a husband and wife, acting as joint a Customer divorce, they must notify the Company in writing, signed by both parties, indicating how the Customer position is to be owned thereafter. In the absence of a written agreement signed by both parties, Company or a court of competent jurisdiction shall decide the ownership.
CUSTOMER’S REPRESENTATIVE BOARD
At its discretion, the Company may create a Customer Representative Board. They board may advise the President on different issues that pertain to Product Offerings.
DISCLAIMER
"THE STATEMENTS REGARDING ANY PRODUCTS OFFERED BY TRISTAR WELLNESS HAVE NOT BEEN EVALUATED BY THE FDA. NONE OF THESE PRODUCTS ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE"
DISCONTINUED ITEMS
Discontinued items will be listed at the TriStar web site. Also listed are items that are back ordered or are no longer available.
ETHICS
TriStar conducts business in an ethical and credible manner and expects its Customers to act in the same fashion. Company will intercede to correct unethical activity on the part of any Customer regardless of status. Verified unethical activities will be justifiable cause for Customer Account Termination.
GRIEVANCE
When a Customer has a grievance or complaint with practice or conduct in relationship to the TriStar business, he/she should first report to the Customer Service Department email. That Company will review and try to resolve the matter with the highest priority. If the matter is not resolved, it must be reported in writing to TriStar’s offices. The President’s Board, or the President, will review the facts and try to resolve the grievance. If it is not resolved, the matter will be referred to the Corporate Executive Board for final review and determination.
GOVERNING LAWS
These rules are governed by the laws of the State of Georgia and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lie within the place of acceptance of the Customer’s Account in Villa Rica, Georgia.
ID NUMBER (ID#)
Your ID# Number must be on an order form and must appear on all order forms and correspondence to the Company. The Company will keep all personal information confidential and will give each Customer a TriStar Customer Identification Number upon acceptance of Customer Account Application.
INDEMNITY AGREEMENT
Each Customer agrees to indemnify and hold harmless TriStar, its officers, agents, directors and assigns, against any claim, demand, liability, loss, cost or expense, including but not limited to attorney's fees and costs arising out of, or alleged to arise, in connection with Company’s products.
INSUFFICIENT FUNDS
If any check, credit card or any other type of payment used to purchase products or other items from the Company is returned for insufficient funds, the person issuing the check shall be subject to an additional $35.00 or the amount will be deducted from the following bonus check. If a second check is returned for insufficient funds, the Distributor will forfeit certain rights and privileges including eligibility for commissions until such time as matter has been cleared.
INTERNATIONAL
Selling of Product is permitted only in the United States and those countries where TriStar is authorized to conduct business, according to official Company literature.
INVENTORY
TriStar has no specific inventory requirements.
INTERNET
A Customer may use the Company web site for the purpose of purchasing product offered by TriStar Wellness.
Absolutely no Email Spam will be tolerated and is grounds for Customer Account Termination.
Customers wishing to establish a domain name, which includes in whole or in part any TriStar name or trademark or products or events or anything to do with TriStar in any way, must first obtain written approval from TriStar’s corporate office.
LAWS
Recognizing that some laws and/or rules may change from time to time and/or differ from state to state, the Company honors the prevailing law or rule in any state. The changing of a policy and/or procedure does not automatically alter any other policy or procedure, which remains in force.
The Company does not discriminate in its acceptance of Customer’s because of race, creed, sex, color or national origin.
Federal and state regulatory agencies do not approve or endorse any products or companies. Therefore, Customers may not represent or imply, directly or indirectly, that TriStar has been approved or endorsed by any governmental agency.
MEDIA
To maintain accuracy and the correct Company image, all requests for interviews intended for the media in any form and in any way concerning the Company and/or its officers, shall be forwarded to the Company for determination as to whether or not such interview should be granted. Only an officer of the Company may speak on behalf of the Company. Any such determination by the Company shall be final and any action by Distributor contrary to such decision shall result in the termination of this agreement.
TriStar Customers are prohibited from employing paid/unpaid media forms including, but not limited to, Intranet, Internet, news releases, articles and talk show appearances to publicize TriStar or its products without the written approval of TriStar.
METHOD OF PAYMENT
Visa, Master Card, Discover or American Express can pay for Customer’s website orders. Mail-in orders can be paid by Personal Checks or valid Money Orders. All funds should be in United States Funds.
Customer is aware of the quality of products offered by the Company and the other costs and contractual obligations that occur when he/she purchases products from the Company. Distributor understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Customer. Customer waives the right of cancellation or refund on any order placed on a Visa, MasterCard, Discover or American Express account(s) except through TriStar Wellness. Any order returns, refunds or exchanges shall be done through TriStar Wellness and not through Visa or Master Card or Discover or American Express.
NAMES / PRINT OUTS
The identities of TriStar’s Customers are considered trade secrets and therefore considered proprietary information and shall not be sold, released or otherwise disclosed to anyone at any time for any reason.
NON-WAIVER
TriStar reserves the right to waive any provision of these Policies & Procedures. However, failure of Company to exercise any rights in any area of this Agreement shall not constitute a waiver of the Company’s right to demand compliance therewith. Waiver of any requirement may only occur by express written waiver executed by an executive officer of TriStar. Any waiver shall not constitute or operate as a waiver of any prior or subsequent breach of said area or any other area, term or condition.
NOTICES
Written notices between the Company and its Customer’s are effective as follows:
1) All notices to the Company are effective when received by the Company at TriStar’s Corporate Offices shown on front of these policies.
2) All notices from the Company are considered effective when deposited in the US Mail or via Email to the Customer’s last known address. Notices to Customers as a group may also be contained in other Company communications, such as newsletters, on the Internet or by Company voice/fax.
NOTIFICATION OF CHANGES
Customer shall have the responsibility to promptly inform the Company in the event of a change in their name or address. Such notifications shall be in writing addressed to the Company clearly showing their previous and current details.
Product Literature and Materials
Any and all purchases are made at the sole discretion of the Customer. Product Literature and Materials are sold at Company cost. This sum is not a service or franchise fee, but rather is strictly to offset actual costs incurred by TriStar for business materials that are helpful to a Customer.
OFFICE HOURS
The Company’s office is open between 10:00 AM and 6:00 PM Eastern Standard Time, Monday through Thursday, 10:00 AM and sunset EST (if earlier than 6:00pm) on Friday and during scheduled meetings. The office is closed Saturday and Sunday and for all United States legal holidays. During other hours, it can always be reached via its Email address.
ORDERS
All orders must be paid as stated in METHOD OF PAYMENT POLICY. All forms of payment are to be made payable to TriStar in United States Funds. Personal checks or Money Orders must clear the home office bank before any shipment is made.
Any missing information can result in your order not being processed.
All Non-Website Customer orders must be sent to the Company at the address listed at the top of these Policies and Procedures.
REFUNDS/INVENTORY RETURNS
Prior to returning any Company sales aids/literature, Customer must obtain a Return Authorization from Company. To acquire this authorization you must submit written documentation and call Company Customer Services Department. A Return Authorization number will be assigned to the Customer and products or acceptable sales aids/literature items must be shipped to Company Corporate Office, freight prepaid, by the Customer with the Return Merchandise Authorization Number affixed to the outside of the package. All returns must be in their original, resalable condition. Refundable items do not include audiotapes, videotapes, CD’s or software and should not be returned.
REPACKAGING OF PRODUCTS
TriStar products cannot be repackaged, relabeled or tampered with in any way. Repackaging, relabeling or tampering with TriStar products in any way is considered grounds for termination of Customer Account.
RESHIPMENTS
If after three (3) attempts at delivery your parcel is returned to the Home Office, you will be responsible for reshipping charges.
RETAIL PRICE/RETAIL SALES
The TriStar program is built on retail sales to the ultimate consumer. TriStar recognizes that Distributors may wish to purchase products in reasonable amounts for their own personal use.
For this reason, TriStar will recognize as a retail sale purchases by Customers only, for personal or family use in reasonable volume which are not made for purposes of resale distribution. It is Company policy to strictly prohibit the purchase of products in unreasonable amounts solely for the purpose for this purpose. Any Customer wishing to become a distributor of any of the products offered by TriStar Wellness should contact the appropriate manufacturer of those products directly.
The Company publishes a suggested retail price (SRP) for each of its products. Prices are subject to change at any time, without necessity of prior notice.
The Company Retail Order Forms are required for all sales to consumers. These sales carry the Company Retail Sales Warranty and Consumer Protection Statements required by law. It is recommended that you keep a copy of all sales receipts for a three-year period.
SALES & USE TAXES
Many states, county and local governments levy Sales & Use Taxes based on suggested retail prices. All products and sales aids are subject to a sales tax payable at time of purchase. These taxes are collected on the retail price by the Company and paid to the appropriate agencies.
SALES AIDS, BUSINESS KITS AND LITERATURE AS INVENTORY
Customers may wish to carry an inventory of supplies, such as brochures, CD or DVD sales aids. These items may be ordered by using the official Company Sales Aid Order Form.
SHIPPING
United States Priority Service is the usual form of shipment. Overnight shipping is available at the Customers request. The ordering Customer is responsible for all shipping costs. All orders must be sent to a street address or valid P. O. Box number. General Delivery and COD orders will not be accepted. EXCEPTION: A few rural areas receive only PO Box and General Delivery and this must be indicated.
TriStar attempts to make all shipments to customers and Distributors the best, least expensive way.
TELEPHONE
Customers may not answer their phone in any manner that would indicate to callers a reason to believe that they have reached the Corporate Offices of TriStar.
TERMINATED CUSTOMER
See Return Product
See Violations of Agreement
See Confidential Information
TERMINATION
In the event a Customer has been inactive for twelve (12) consecutive months; TriStar has the right to terminate the Customer.
TESTIMONIAL RELEASE
In consideration of its possible use of your appearance, statements and/or materials supplied by you in written, spoken or visual form, TriStar will have the right:
1) To edit, broadcast and/or to print said material and the right to license others to use these rights.
2) To use your name, likeness, voice, biographical information and the material supplied by you for proposed advertising, publicity and sales promotion.
TriStar’s use of your appearance, statements and or material as described above will not violate the rights of any person or organization and will not incur any liability for payment to any person or organization. Said statements will be honest and truthful.
UNETHICAL ACTIVITY
TriStar will not permit activity that it considers unethical or unprofessional and will intercede when it deems such behavior is evident.
TriStar reserves the right to use its sole judgment in deciding whether certain Customer’s activities are inappropriate and if determined to be so will act accordingly. Examples of such activity include, but are not limited to:
1) Promoting or selling at TriStar Wellness products any functions or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities. Such action is cause for termination.
2) Attempting to solicit or approaching any Direct Sales, Multi-Level Marketing and/or Network Marketing Companies.
3) Participating in any action that causes another Customer to be materially, financially, physically or otherwise injured by such action.
4) Making false claims
5) Writing bad checks to Company.
6) Any conduct that discredits TriStar, its Customers or violates the law.
7) Spam
8) Inappropriate use of the Internet
9) Violation of any of these Policies & Procedures guidelines.
USE OF COMPANY NAME, LOGO
No use of the Company name or logo is permitted without prior written consent of the Company.
The Company’s name may not be used with the name of ANY OTHER COMPANY in any advertisement, business card, letterhead, etc.
VIOLATIONS OF AGREEMENT
Customer understands that any violation of these Policies & Procedures jeopardizes the integrity and standing of the Company and its Customers.
Violations or infractions of any part of the Terms & Conditions or Policies & Procedures by any Customer should be reported immediately to the Company indicating all the pertinent facts (date, time, place, names of all persons involved, etc). After receiving a signed complaint, the Company will assign a person or persons to investigate the matter and take appropriate action, including termination of the Customer, if necessary.
The Company will not permit activity that is unethical. Even though the line between legal and unethical behavior can be vague, the Company will intercede when unethical behavior is evident and reserves the right in its sole discretion to determine whether an unethical practice has been committed and the appropriate action to be taken. The Company will not employ sanctions lightly, nor will the Company be arbitrary or unfair in their use.
When the Company does decide to terminate a Customer, a NOTICE OF INTENT TO TERMINATE will be sent to the offending Customer by certified US Mail, indicating the reasons for termination, and giving him or her 10 working days from the date of receipt to respond in writing.
If a Customer responds, the Company will consider any new information submitted and render a final decision in writing to Customer within thirty days of receipt. Failure of the Customer to respond to any charge will be considered acceptance of the termination.
All disputes and claims relating to TriStar, the Term & Conditions, the products, the rights and obligations of a Customer or any other claims or causes of action relating to the performance of either a Customer or TriStar shall be settled totally and finally by arbitration.
Such action shall take place in Los Angeles, California or in such location as TriStar prescribes, in accordance with the Federal Arbitration Act and the rules of the American Arbitration Association. Should the laws of the state, in which a Customer resides, expressly require the application of its laws, that state’s law shall govern all issues as related to jurisdiction and venue.
There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with preference being an attorney knowledgeable in the direct selling/retail marketing industry, selected from the panel the Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees.
If a Customer files a claim or counterclaim against TriStar, the Customer shall do so on an individual basis and not with any other Customer or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity or registration or any mark or other intellectual property or proprietary confidential information of TriStar without the Company’s prior written consents.
TriStar may seek any applicable remedy in any applicable forum with respect to these disputes and with respect to money owning to TriStar. In addition to monetary damages, TriStar may obtain injunctive relief against a Customer for any violation of the Agreement and for any violation or misuse of TriStar’s trademark, copyright or confidential information policies.
This statement of the Policies & Procedures is incorporated into the Customer Account Application and the Terms & Conditions and together constitutes the entire Agreement of TriStar and the Customer whose name appears on the Account Application Agreement regarding their business relationship.
TriStar trusts that with these guidelines, the Customer and the Company will act in the best interest of all. That both will conduct their businesses in a manner that reflects the highest standards of honesty, integrity and responsibility toward each other and the public, observing the spirit as well as the letter of the law and this agreement.
