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Independent Distributor Contract Agreement

 

This agreement is agreed and accepted electronically & online by and between the executing parties (Hereinafter mentioned and referred to as Independent Distributor and the Direct Selling Entity which expressions shall mean and include their respective legal heirs, assigns, successors, administrators, and undertakers).

 

Be known that this Contract agreement is executed and entered into in accordance with the provisions of India Contract Act and Consumer Protection (Direct Selling) Rules, 2021 (Hereinafter referred to as the Rules)

 

Whereas the Independent Distributor has voluntarily out of his / her own accord, sweet will and without any coercion whatsoever, mental or physical, offered to join the Direct Selling Network business of the Direct selling entity named M/s Nutrimaa Wellness Private Limited (Registered under the Companies Act, 2013) and Registered Office at Register Address – NUTRIMAA WELLNESS PRIVATE LIMITED UNIT NO.-304, PLOT NO.-49,50,51,52, DHA, Panchyawala, Jaipur, Jaipur- 302034, Rajasthan , India.

 

And whereas the Direct Selling Entity is engaged in “Direct Selling business” which means marketing, distribution and sale of goods or providing of services through a network of Independent Distributors as per its prescribed Nutrimaa Wellness Sales & Marketing Plan (Which may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity) not falling under the pyramid or Money Circulation Scheme.


And whereas the Independent Distributor, named below along with his / her KYC particulars therein has, after being explained all the provisions of the said Nutrimaa Wellness Sales & Marketing Plan, product details and the present E-contract Agreement in the vernacular language known to him by Shri ___________________ ID No._______________, duly ascertained and satisfied by visiting the Direct selling entity’s website www.nutrimaawellness.com, has voluntarily offered to join the business of the Direct selling entity and resolved to enter into this E-contract agreement, hence this deed.


NOW THEREFORE THIS DEED COVENATS AS UNDER:

  1. The Direct selling entity hereby covenants that it is fully compliant to the Consumer Protection Act, 2019, Consumer Protection (Direct Selling) Rules, 2021, Legal Metrology Act, 2009, E-commerce Rules, 2020 and all other Rules and laws applicable to an Indian Direct Selling Entity.
  2. The Direct selling entity assures and the Independent Distributor agrees:
    1. That this E-contract agreement has no provision that an Independent Distributor will receive remuneration or incentive for the recruitment / enrolment only of new participants.
    2. That it does not require a participant to purchase goods or services for an amount that exceeds the amount for which such goods or services can be expected to be sold or resold to consumers.
    3. That it does not require a participant to pay any entry / registration fee / subscription fee, cost of sales demonstration equipment and materials or other fees relating to participation in the direct selling entity’s direct selling business.
    4. That it has ascertained from the Nutrimaa Wellness Sales & Marketing Plan provided by the Direct selling entity (The same may be read as part and parcel of this E-contract agreement as the same is not being reproduced here for the sake of brevity), the stipulated amount of any or all types of Incentives, rewards, etc. including financial and non-financial benefits payable to the Independent Distributor are calculated only and only on the basis of effective sale, marketing and distribution of products and in no way on the basis of recruiting / sponsoring / introducing another Independent Distributor.

 

  1. Cooling Off Policy: That the Direct selling entity allows or provides to the Independent Distributor herein a reasonable cooling off period in accordance with clause 3 (b) of the Rules, of the said Rules undertake to provide a newly registered Independent Distributor a cooling off period of 21 days effective from the date of signing and execution of the contract agreement by him / her while registering as Independent Distributor with us wherein the said Independent Distributor can cancel the contract agreement without resulting in any breach of contract or levy of penalty.
  2. Buyback Policy:
  3. If the product is in marketable* condition and is returned within 30 days of receipt of goods accompanied by the original invoice, 100% of the amount as refund will be given.
  4. If the product is in Unmarketable** condition and is returned within 30 days of receipt of goods no refund will be given.

*Marketable refers to products that are unused, sealed, and undamaged, not expired, not sessional, discontinued, or special promotional product or services.

  1. That the Independent Distributor herein agrees that the direct selling entity has established a “Grievance Redressal Mechanism” for consumers and Independent Distributors to redress their grievances and complaints, annexed herewith which may be read as part and parcel of these covenants as the same is not being reproduced here for the sake of brevity.
  2. The Direct selling entity herein does not require, invite, or solicit a prospect or a would-be Independent Distributor to invest money in any form whatsoever to participate in its Direct Selling Business. The Independent Distributor shall however be required to bear the cost of products purchased by him / her and does not include any provision that the Independent Distributor herein will receive Business for the recruitment of other participants to participate. That he / she will receive Business derived only and only from the sale, marketing, and distribution of products, in accordance with the Nutrimaa Wellness Sales & Marketing Plan provided and prescribed by the company, to which the Independent Distributor hereby agrees to whole of this covenant in letter and spirit.
  3. That the Direct selling entity will provide all support to the Independent Distributor in delivery of the products through Franchisee / Pick-up centers / Available Courier / Transport or any other Logistics Service for maintaining effective support system.
  4. That by accepting the offer of the Independent Distributor herein the direct selling entity requires him / her to do and complete the following steps. An Individual / Firm / entity eligible to enter into a contract as per the provisions of the India Contact Act, 1872 and wish to become an Independent Distributor of the Direct selling business of the entity herein, can apply to become an Independent Distributor for marketing and selling of Direct selling entity’s product on pan India basis, in prescribed form through online method.
    1. Fill the application form online and upload scanned KYC documents.
    2. Accept the terms and condition of this E-contract agreement by clicking on “I AGREE” button below.
    3. On the completion of the above process, the Independent Distributor can take a printout of this agreement.
    4. Upon the execution of this agreement and after the verification of all the KYC documents uploaded through the above process, the applicant shall be accepted as an Independent Distributor of the Direct selling entity’s business and a Unique Identification number and password shall be allotted to the applicant, to allow him / her to log on to access his / her own personal account maintained by the company on its website.
    5. That the Independent Distributor shall submit the following self-attested documents in hard copy to the Direct selling entity within 30 days from the date of execution of this Agreement (Including the acceptance of terms of this agreement) already accepted and agreed upon by clicking on “I AGREE” button at the bottom of these presents (agreement).
    6. That the Direct selling entity upon scrutiny and verification of the Application and KYC particulars may re-consider its decision and reject application of the Independent Distributor herein, to which the Independent Distributor hereby agrees. The Direct selling entity shall have sole discretion and shall be at liberty to reject his / her direct selling unique ID number, if the KYC and other documents in hard copy are found unsatisfactory, mollified. Forged or not conforming to Government guidelines prescribed for this purpose.
    7. That the KYC shall include but not limited to verified proof of address, proof of identity, and PAN as per the provisions of the Income Tax Act, 1961, as follows, duly issued by the Government of India or a State / UT government.
      1. Aadhar Card
      2. Voter ID Card
  • Passport

 



Name: _____________________________      Bank A/C No. ___________________

S/O Shri____________________________      IFSC Code ______________________

Resident of _________________________________________________________________________

___________________________________________________________________________________

Pin Code _____________

State ________________________________

PAN NO. __________________________________________

AANDHAR NO. _______________________________________

Name of the Bank & Branch ________

 

 

AGREE & ACCEPT

 

 

 

NODAL OFFICER

M/S________________________________

ADDRESS___________________________

MOB NO.____________________________

E-MAIL ID __________________________