Home Shopping Mall Terms and Conditions of Sale
These terms and conditions apply to all purchases made by you, the customer, from us, Home Shopping Mall Ltd.
1. INFORMATION ABOUT US
1.1 We are Home Shopping Mall (Group) Limited, a company registered in England and Wales under company number 05120186. Our registered office and main trading address is Garden Studios, 71-75 Shelton Street, Covent Garden, UK. Our VAT number is 976387850.
2. OUR PRODUCTS
2.1 The images of the Products on our website and TV advertisements are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer or television’s display of the colours accurately reflects the colour of the Products and your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our website and TV advertisements are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made. In some circumstances we may offer a suitable substitute.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. CONSUMER INFORMATION
5.1 If you are a consumer, you may only purchase Products from our site or TV advertisements if you are at least 18 years old.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been despatched (“Despatch Confirmation”).
6.4 All contracts will be concluded in English.
7 OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirement.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of the relevant page on our website or in the case of telephone sales by supplying you with the up to date terms at the relevant time.
8 YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000. This means that if you change your mind or for any other reason you decide you do not want to keep a Product within 7 working days after the day you receive your products, you can notify us of your decision to cancel the Contract and receive a refund. Cancellations received after this period will not be processed unless clause 8.2 applies. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 We provide a 30 Day Money Back Guarantee for many of our products. Where a product is covered by the 30 Day Money Back Guarantee, you have the right to change your mind and cancel your order for 30 days after the day you receive your products. Products must be returned to us in their original packaging unless cancelled in accordance with clause 8.1. Cancellations received after this period has expired will not be processed.
8.3 This cancellation right as set out in clauses 8.1 and 8.2 does not apply in the case of:
8.3.1 Any made-to-measure or custom-made products or products made to your specification or clearly personalised are nonrefundable;
individual DVD titles are nonrefundable;
TRANSFORM ingestible products are nonrefundable;
gel nail polish bottles are non refundable;
Gel Polish Replenishment Kits & polishes are non refundable;
Gel Polish Kit is non refundable;
SlimFreezer sheets/glycerine pads are non refundable;
SlimAction tights are non refundable;
Zlimmy products are non refundable;
OMAX3 products are non refundable;
DermaBrilliance Special at £29.99 & individual cosmetic items within the DermaBrilliance range are non refundable;
8.4.1 Any items on 'sale', such as a Reader Offer, Wowcher, Living Social, or Groupon deal or close out, ex-display, bundle offers are non refundable. Also, these or any other email promotions or one-off promotions are not applicable to be used with any other promotion;
8.4.2 goods that by reason of their nature cannot be returned including but not limited to items which cannot be returned in the same physical state as they were supplied.
8.4.3 Omax3 TV Offer is for first purchase only. Then in 90 days and every 60 days thereafter we will automatically send you a 2 month supply for the discounted member price of £70.00 + FREE P&H. You can call customer service at anytime to cancel or customise your order.
8.4.4 To cancel a Contract, please contact us by sending an e-mail to email@example.com or writing to us at our registered office address. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 All returns must include a Returns Authorisation Number and should be sent to Home Shopping Mall Ltd Returns Department, ℅ Fairway PSD, Ltd, Unit 3 Langley Business Centre, 11-49 Station Road, Langley, SL3 8DS.
8.6 Where you exercise your legal right to cancel an order within 7 working days after the day you receive your products you will receive a full refund of the price you paid for the Products.
8.7 Where our 30 Day Money Back Guarantee applies, should you cancel your order after 7 working days after the day you receive your products but within 30 days of receiving it, you will be refunded the purchase price only exclusive of any applicable delivery charges you paid.
8.8 We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.9.
8.9 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full and any applicable delivery charges.
8.10 We refund you on the credit card or debit card used by you to pay or by cheque in the case of payments received by cheque.
8.11 If the Products were delivered to you:
8.11.1 you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.11.2 unless the Products are faulty or not as described (in this case, see clause 8.9), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
8.11.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 We aim to deliver all products within 5-7 business days or by the estimated delivery date set out by the telephone operator, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 In some circumstances goods may require a signature on delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9.6 Please note, if the customer provides incorrect delivery information, it is the customer's responsibility for the cost of delivering the item. HSM can understandably not be responsible for the item going missing. It is not HSM's responsibility to track, locate or pay for the cost of the item or redelivery.
If delivery of a parcel is refused, the customer is responsible for the return & redelivery costs. If there are missing or damaged items it must be reported to customer services within 24 hours of receiving the product.
10 NO INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not deliver to addresses outside the UK and Ireland.
10.2 You may place an order for Products from outside the UK or Ireland, but this order must be for delivery to an address in the UK or Ireland.
11 PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site, TV Advertisements or Print Advertisements from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was submitted for publication or broadcast. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have processed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 We sell a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site, advertisements or broadcasts may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site TV Advertisements or Print Advertisements from time to time.
12 HOW TO PAY
12.1 You can pay for Products via our website by using a debit card, credit card or PayPal, or over the telephone by using a debit or credit card or in the case of postal orders by using a debit or credit card or enclosing a cheque or Postal Order.
12.2 Payment for Products and all applicable delivery charges is in advance.
13 MANUFACTURER GUARANTEES
13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
13.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office
13.3 Every effort has been made to reproduce the colour of each gel nail polish item as closely as possible but due to the internet and colours being displayed differently by different monitors the colour can not be 100% guaranteed.
14. OUR LIABILITY IF YOU ARE A CONSUMER
14.1 If we fail to comply with these Terms, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16 COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If you wish to contact us in writing to make a comment or complaint or for any other reason, you can send this to us by e-mail or by pre-paid post to our registered office address or by email at firstname.lastname@example.org.
16.3 If we have to contact you we will do so by e-mail or by pre-paid post to the address you provide to us in your order or by telephone on the telephone number supplied to us by you.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Headings are for reference purposes only and shall not be incorporated into the terms and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
17.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18 October 2013XXX