Winbar and With Group

Rules and Regulations
MARKETING RULES

 
Winbar and With Group "Marketing Rules" Rules and Regulations are housed under the sections stated below. Please mouse-click the relevant section for instant viewing.
 
Winbar and With Group MARKETING RULES
Article 1 Truthful Presentation
Article 2 Integrity and Honesty
Article 3 Clarity
Article 4 Contents of Presentation
Article 5 Decency
Article 6 Comparison and Fair Competition
Article 7 Substantiation
Article 8 Guarantees
Article 9 Promotional Incentives
Article 10 After-Sales Services
Article 11 Identity of The Agent
Article 12 Fulfilment of Orders
Article 13 Credit and Debt Collection
Article 14 Payment and Debt Collection
Article 15 Marketing Databases
Article 16 Use of Data Collected
Article 17 Rights of The Promoter/Issuers or Marketing Data Lists
Article 18 Security Procedures
Article 19 Transfer of Data to Third Parties
Article 20 Basic Principles
Article 21 Taping of Conversations
Article 22 Disclosure and Tactics
Article 23 Use of Automatic Electronic Equipment
 

 

 

Marketing Rules
 
Winbar and With Group adopted Rules that refer to all types of directs marketing.          
TRUTHFUL PRESENTATION
ARTICLE 1
Where an offer is made by an Agent, the terms of the offer should be clear, so that the Promoter/Issuer may know the exact nature of what is being offered, in particular with regard to:
 
The characteristics of the product
 
Price and credit terms
 
Other terms of purchase
 
Delivery, exchange, return, refund and after-sales service
 
Terms of guarantee and warranty
 
Official recognition or approval, awards, prizes and diplomas
 
Limited quantities
 
Exclusivity of the offer
 
Financial advantages
 
Deceptive or misleading statements as to, inter alia, the exclusivity of offers, special sales, "limited Quantities", should not be made.
 
INTEGRITY AND HONESTY
ARTICLE 2
Direct marketing sales should be organised and operated so as not to create confusion in the mind of the Promoter/Issuer, abuse the trust of the Promoter/Issuer, or exploit the lack of experience and knowledge of the Promoter/Issuer.
The presentation of the offer should not play on credulity or superstition, nor, without justifiable reason, on fear. No offer should arouse unwarranted expectations of financial advantages.
No direct marketing offer should be represented to the Promoter/Issuer as being a form of market research.
   
CLARITY
ARTICLE 3
The offer should indicate clearly and accurately, either directly or by reference to sales conditions available to the Promoter/Issuer at the time of the offer, all the commitments to be undertaken by the Agent, the operator and consumer.
Print, which by its size or other visual characteristics is likely to affect substantially the legibility and clarity of the offer, should not be used.
Wherever possible, a simple statement of the essential points of the offer should be clearly displayed in the promotional material. To enable the Promoter/Issuer to clearly understand the offer, scattering of the essential points of the offer throughout the promotional material should be avoided.
CONTENTS OF PRESENTATION
ARTICLE 4
The presentation of the product should not contain any written or visual element which directly or by implication, is likely to mislead the Promoter/Issuer, in particular with regard to such characteristics as nature, quality, composition, methods and date of manufacture, fitness for purpose, range of use, quantity, and commercial or geographical origin.
When the presentation illustrates goods which are not intended for sale or that cost extra, it should be clear which goods are included in the offer.
DECENCY
ARTICLE 5
Offer suitable for adults only should not be made to children. The text, designs and photographs contained in the offer should conform to prevailing standards of decency, particular attention being given to the fact that offers, however addressed, could fall into the hands of children.
COMPARISON AND FAIR COMPETITION
ARTICLE 6
The presentation of the offer should neither contain nor refer to any testimonial or endorsement, which is:
  a)
not authorised by the person quoted, whether in a private or public capacity
  b)
unrelated to the experience of the person giving it
  c)
obsolete or otherwise no longer applicable
  d)
used in connection with any product other than that for which the testimonial or endorsement was originally furnished used in any other way likely to mislead the Promoter/Issuer
  e)
inauthentic or non-verifiable
   
SUBSTANTIATION
ARTICLE 7
Descriptions, claims or illustrations relating to verifiable facts should be capable of substantiation. Advertisers should have such substantiation available so that they can produce evidence without delay to the self-regulatory bodies responsible for the operation of the Code.
GUARANTEES
ARTICLE 8
Offers may contain the "guarantee", "guaranteed", "warranty" or "warranted" or other words having the same meaning, only if the terms of the guarantee as well as the remedial action open to the purchaser are clearly set out in the offer, or are available to the purchaser in writing. The name and address of the guarantor and the duration of the guarantee should be clearly stated.
PROMOTIONAL INCENTIVES
ARTICLE 9
Direct marketers (sellers), who include promotional incentives in their offers, should observe the Sales Promotion Practices Code.
AFTER-SALES SERVICE
ARTICLE 10
The customer should be informed at the time of the offer whether after-sales services are available or not.
When after-sales service is offered, details and limitations of such service should be included in the guarantee or stated elsewhere in the offer. If the Promoter/Issuer accepts the offer, information on how the Promoter/Issuer can activate the service and communicate with the service agent should be given.
IDENTITY OF THE AGENT
ARTICLE 11
The full name permanent address of the Agent or of the operator should be given in the offer, so as to enable the Promoter/Issuer to communicate directly and effectively with him. Promotional material and other documents containing only an accommodation address or post-box number are not acceptable.
Neither the Agent nor the operator should mislead or otherwise create any confusion in the mind of the Promoter/Issuer as to the firm, promotion campaigns or trademark.
FULFILMENT OF ORDERS
ARTICLE 12
Orders should be fulfilled within 30 days or a time stipulated in the offer. The Agent or the operator should inform the Promoter/Issuer of any undue delay as soon as it becomes known. In such cases, cancellation of the order by the Promoter/Issuer should be accepted, even when it is not possible to prevent delivery, and the deposit, if any, should be refunded immediately.
CREDIT AND DEBT COLLECTION
ARTICLE 13
Whether the offer is on a cash or instalment basis, the price and terms of payment should be clearly stated in the offer together with the nature of any additional charges (such as postage handling, taxes, etc.) and the amounts of such charges. National legislation on credit advertising of the country of the Promoter/Issuer must be applied.
In the case of sales by instalment, the credit terms, including the amount of any deposit or payment on account, the number, amount and periodicity of such instalments and the total price compared with the cash price, if any, should be clearly shown in the offer.
Any information needed by the customer to understand the cost, interest and terms of any other form of credit should be specified either in the offer or when the credit is offered.
Unless the duration of the offer and the price are clearly stated in the offer, prices should be maintained for a reasonable period of time. No exception to this rule will be allowed except in cases of force majeure or governmental decision(s) affecting the offer.
PAYMENT AND DEBT COLLECTION
ARTICLE 14
The procedure for payment and debt collection should be such as to avoid undue inconvenience to the customer, making, inter alia, due allowance for delays outside the customer's control (e.g. postal and banking services).
Debtors should not be unreasonably harassed, and debt collection documents, which might be confused, with official documents should not be used.
MARKETING DATABASES
ARTICLE 15
Consumer data should be collected by fair and lawful means for specific purposes, in accordance with national laws and self-regulations.
Persons, when drawing up marketing lists, especially lists of names and addresses and/or telephone and/or fax numbers for their own marketing purposes, should be able to make use of data derived from previous relations with actual or prospective customers or contributors.
Persons should be able to collect personal data for direct marketing purposes from files open to the public and other published material.
Persons collecting data should not deceive or mislead the data subject as to the purposes for which the data are being collected.
Data collected by questionnaires or other research directed to consumers should make clear at the time of the collection that the information will be used for sales or sales promotion purposes, not for marketing research.
USE OF DATA COLLECTED
ARTICLE 16
Personal data used for direct marketing shall be collected lawfully and according to this code and:
a.
maintained and processed fairly and lawfully;
b.
stored for specified and legitimate purposes and not used in any manner incompatible with those purposes;
c.
adequate, relevant and not excessive in relation to the purposes for which they are stored;
d.
accurate and kept up to date; and
e.
preserved no longer than is required for the purpose for which the data are stored.
The collection of data from an individual for any reason other than contractual customer or contributor relations should be permissible for direct marketing purposes only on condition that this has been expressly stated at the time of collection.
   
RIGHTS OF THE PROMOTER/ISSUERS OR MARKETING DATA LISTS
ARTICLE 17
Appropriate measures should be taken so as to enable the Promoter/Issuer to exercise his following rights:
1.
Any person should be able to obtain and rectify data concerning him, which are contained in a direct marketing file, if those data are incorrect, irrelevant, or incomplete.
2.
Any person should be entitled to request that his data not be made available to third parties.
3.
The request of a person not to receive addressed or the controller of a direct marketing file should honour unaddressed mail or commercial telephone calls or faxes.
SECURITY PROCEDURES
ARTICLE 18
All appropriate technical and organisational arrangements should be made to ensure the security and confidentiality of the data.
Every person who, in his profession, has access to information relating to data subjects can relate this to third parties only with prior agreement of the controller of the file, and provided the Promoter/Issuer has not exercised his right under article 16.2.
TRANSFER OF DATA TO THIRD PARTIES
ARTICLE 19
If marketing lists are made available to third parties, unless there is a procedure specified by national law, the data subject has to be informed directly or by some other appropriate means at the time of collection or at some later stage of the possibility of transmitting the data to third parties unless he has objected. For the purposes of this paragraph, sales agents of the controller of the list are not considered third parties.
List owners, brokers, compilers and users should establish the nature of the list's intended usage prior to the sale or rental of the list. The making available of marketing lists to third parties for direct marketing purposes should be the subject of a contract stipulating the conditions under which they are to be used.
Owners, brokers, compilers, should not permit the sale or rental of their lists for any offer that is in violation of this Code.
Controllers of marketing files that are made available to third parties should keep a list of the users of their lists, for at least one year.
Direct marketers may not, except for deletion purposes, transfer any name or data to as third party concerning an individual who has subscribed to the preference services except for deletion purposes.
TELEMARKETING PRINCIPLES

BASIC PRINCIPLES
ARTICLE 20
Telemarketers (telemarketing dealers or operators) should:
a).
Immediately identify themselves and inform the recipient as to whom they represent.
b).
Ensure that they talk to someone qualified to handle the call.
c).
Inform the recipient of the purpose of the call.
d).
Ask the recipient if this is a convenient time to call; if it is not, they should offer to ring back at a more convenient time.
e).
All telephone contacts should be made during reasonable hours. At the close of the call, the telemarketers shall ensure that the recipient of the call is aware of what will happen as a consequence of the call.
TAPING OF CONVERSATIONS
ARTICLE 21
Taping of telephone conversations made for telephone marketing purposes should not be conducted without the consent of one of the parties to the call. Tapes may only be used to verify the content of the call, for training purposes and for quality control. They may not be played to a public without the consent of both parties to the call.
DISCLOSURE AND TACTICS
ARTICLE 22
All telemarketing solicitations should disclose to the buyer the cost of the merchandise, all terms, conditions and the payment plan, and whether there will be postage and handling charges. At no time should "high pressure" tactics be utilised.
USE OF AUTOMATIC ELECTRONIC EQUIPMENT
ARTICLE 23
No telemarketers should solicit sales using automatic electronic dialling equipment unless the telephone immediately disconnects when the person called hangs up.
   

 
 
 
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