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Ethical Business Conduct of Phuan’s Kitchen Concept
Corporation ("Company")
For your own benefit, the benefit of all other Advisors and for the reputation and image of the Company, we, being the Company, request that you adhere to the following conduct principles that will support your business: -
• Not to use misleading, deceptive, or unfair sales and/or recruiting practices.
• To truthfully identify yourself, the Company, the Products to be demonstrated and the purpose of the demonstration to prospective Customers at the beginning of a demonstration.
• To give accurate and complete explanation and demonstration of the Products, in particular with regards to price, terms of payment, terms of guarantee, after sales service and delivery.
• To give accurate and understandable answers to all questions from Customers and prospective Customers concerning the product and offer.
• To deliver or make available the Ordering System at or prior to the time of the initial sale.
• Not to make any verbal promises concerning the Products unless authorized by the Company.
• Not to refer to any testimonial or endorsement which are not authorized, not true, obsolete, or otherwise no longer applicable, not related to the offer or used in any way likely to mislead the Customer or prospective Customer.
• Provide good customer care to all Customers by supporting them where possible with relevant information and advice. The reputation of any company does not depend entirely on the quality of its products but is more likely to be judged by the quality of interaction people have with the company's representatives.
• Always be polite and respectful. Do not act in an unpleasant or pushy manner or complain or insult Customers.
• Not to abuse the trust of Customers and respect the lack of commercial experience of Customers.
• Not to exploit a customer’s age, illness, lack of understanding or lack of language knowledge.
• To only make telephone or personal contacts in a reasonable manner and during reasonable hours to avoid intrusiveness.
• Not to induce a prospective Customer to purchase goods based on the representation that a prospective Customer can reduce or recover the purchase price by referring other prospective customers to you for similar purchases.
• Promote only the Products at a demonstration. Do not mix your demonstration with products from other companies.
• Do not comment on any appliances a host may have or may wish to purchase.
• Never comment negatively on products sold by other companies.
• Use only the stationery, business cards, brochures, uniform and promotional material prescribed or authorised by the Company when representing the Products.
• The price of the Products is not negotiable. Always quote the current price and never offer to discount the price or provide price related deals to prospective Customers.
• To fulfil the Customer's order in a timely manner.
• When presenting the Company's business opportunity, only give true information and do not make any unrealistic promises.
• Submit all promotional activities for the Company's approval prior to undertaking them.
• Do not undertake product repairs yourself and do not offer suggestions on the technical state of the Products. All repairs and servicing of the Products are to be conducted by the Company's Technicians. The same applies for quoting prices for repairs and maintenance work. However, you may assist your own customers in bringing their Products to the authorized Thermomix Service Centers for repairs at your own cost.
• Be positive about members of your team, the Company's management policies and procedures in the presence of any prospective or existing customers.
• Attend and participate in scheduled weekly/monthly meetings and training sessions held by the Company.
Below are the basic requirements for all Advisors:
a) Attend the scheduled weekly Advisors meetings.
b) Stay active by achieving at least one (1) Sales per month (as defined in the Independent Distributor Advisor Agreement).
c) Provide weekly reports of your demonstrations and activities to your team leader.
The consequences of disregarding these principles could Include:
• Customer complaints or unhappy customers:
• Disciplinary action by the Company.
• Termination of your Independent Advisor Agreement with the Company.
Policy on Advertising and the use of Intellectual Property for Thermomix® Advisors
Under contract with Vorwerk, the Company has a legal responsibility to protect the Thermomix® brand, registered trademarks, and any associated Copyright. The Company also has its own brand and reputation to protect.
This section outlines the Company's policy for advertising conducted by / for Advisors and the use of the Thermomix® logo, graphics, images., text and trademarks in various marketing material. If you are unsure at any stage, please contact the Company's Head Office ("Head Office") for further guidance.
1. General Advertising
The Head Office has a schedule of regular advertising and engages public relation companies in order to generate a high-level exposure for the Thermomix® brand. As such, only the Head Office can conduct official brand advertising for the Company and the Thermomix®. You are not permitted to conduct your own advertising using the Thermomix® brand, logo, text, images, and any other intellectual property of the Thermomix®, Vorwerk and/or the Company).
Accordingly:
• Advertising includes but is not limited to online (website and newsletter) adverts, print magazine and newspaper advertisements, car magnets., stickers and decals, paid Facebook, or other social media advertisements. This does not include any personal newsletter (advertising your Thermomix® business) or correspondence to your personal customers.
• All Thermomix® advertising is to be conducted by the Head Office.
• All advertising artworks will be provided to a pre-approved supplier only by the Head Office and will reflect the Head Office's website address and customer service contact number. That being www.phuanskitchen.com.ph and +63 917 166 5100 respectively.
• No personal details of any advisors (including any advisor's name, phone number or email address) are to appear on advertisements, even if the advisor wishes to pay for the advertising himself/herself. All details are to be the generic Head Office details.
• Where an opportunity to advertise is available to you, please discuss with your branch manager. Any enquiries for Thermomix® branded advertising or editorial/advertorial should be promptly forwarded from your branch manager to the Head Office marketing team for further action and follow up. Referral fees are not applicable for PR or advertising related leads.
• Should you be approached to provide a Thermomix® as a giveaway prize for a competition, please discuss with your branch manager. Competition requests should be promptly forwarded from your branch manager to the Head Office marketing team for review to see if Head Office wishes to participate in a wider capacity, before confirming participation with the customer.
• The Thermomix® logo, blades, graphics, photos, images, or name are not to be used or distributed without the prior written permission of Head Office and at all times under the supervision of Head Office, and as per the Vorwerk Corporate Design Guidelines. The use of the Thermomix® logo, text and images is to be on materials released by the Head Office only.
2. Social Media
• Social media is a great means of word-of-mouth marketing but there is a need to ensure that the process is fair, equitable and does not dilute or misrepresent the Thermomix® brand.
• The following applies to all social media pages or groups owned or administered by an advisor unless the prior approval of the Company has been obtained: -
• The words ‘Thermomix®' or 'Vorwerk' or Phuan’s Kitchen Concept Corporation' shall not be used in the name of that social media page or group or the URL. For example. 'Thermomix Mary' or 'www.facebook.com/marythermomix' are not allowed. The use of the Thermomix® name gives the impression of being an official Company page and could be considered misleading under consumer law.
• The Thermomix® logo and other official Company graphics or photos are not to be used.
• You may use photos of yourself with your own Thermomix® in your kitchen.
• You are not allowed to promote the Thermomix® or the Thermomix® business alongside another brands, products or services in your website, blog, or social media profile.
• You are not allowed to release or promote official Thermomix® incentives before the incentive commences.
3. Email
Below are the Company's requirements to follow on how to construct email addresses. If you are unsure, please contact the Head Office.
• Email addresses can only include 'Thermomix® ' when used in conjunction with your name provided that your name is stated first. For example, 'marythermomix@hotmail.com.
• Examples of emails that shall not be used are when the name 'Thermomix® is used in conjunction with a state/town/suburb such as quezoncitythermomix@hotmail.com' OR when the name 'Thermomix®' is used on its own such as 'thermomix@hotmail.com'.
• Email addresses shall strictly not include 'Thermomix®' or 'Vorwerk' or 'Phuan’s Kitchen Concept Corporation' in the domain name.
4. Websites
Website URLs owned by you cannot contain the names 'Thermomix®' or 'Vorwerk' or Phuan’s Kitchen Concept Corporation’ and you are strictly not allowed to register any domain names that incorporates or contains any of such names.
All your websites relating to the Thermomix® and/or business or recruiting opportunities must be approved by the Head Office in writing prior to its release to the World Wide Web. This doesn't refer to personal social media pages within third party websites.
Photographs and images on your personal website relating to the Thermomix® and/or business or recruiting opportunities must be your property. No Thermomix® intellectual property (such as the Thermomix® logo, images and graphics, blades. text etc.) can be used on such personal websites.
5. Joint Product Promotion
Joint Product Promotion refers to the advertising and promotion of another product, alongside the Thermomix®.
Whilst you may be involved in other businesses, the Thermomix® is to be solely promoted at Thermomix® demonstrations and delivery demonstrations and cannot be combined with other products. This also includes advertising material such as business cards, car stickers, email signatures etc., where Thermomix® must be stand alone and not advertised alongside another product, unless authorized by the Head Office.
6. Business Cards
The only authorized business card to be used by you is the one available to order through the Head Office or nominated printers.
7. Expos, road shows etc.
Signage and materials used at expos, road shows etc. must be authorized and approved by the Head Office.
8. Cooking Classes
Cooking classes that are authorized by the Company may be advertised at your own cost.
The Thermomix® logo, blades or graphics are not to be used in the advertising. The cooking class flyers generated by the Company may be used with prior Company's approval only.
Important Notes:
Your Independent Advisor Agreement requires you to comply with all reasonable directions with regards to the use of the Thermomix® brand and intellectual property.
The Company may require that you cease or modify your use of Thermomix® intellectual property, or your activities if in breach of this Policy. the Company's reasonable directions, or the terms of your Independent Advisor Agreement. The Company's rights under the Independent Advisor Agreement are not limited in the event of your breach of this policy.
The above is subject to changes and amendments as may be deemed fit by the Company from time to time without prior notice given to you. You will be notified in writing of any changes and amendments at your last email address registered with the Company. The final decision is at the sole discretion of The Management Board of the Company.
Privacy
The Company is bound by the Philippine Data Privacy Act of 2012 in its collection and use of ‘personal information’ of individuals (including an individual's name and contact details). You will take reasonable steps to facilitate the Company's compliance with its obligations under the Law. This includes taking steps to ensure that the information of any customer interested in the Products consents to any marketing communications.