This website is owned and operated by Home Shopping Mall Ltd. These terms and conditions refer to general use of this website, the services provided and the sale & purchase of products on the website. Please read through them carefully. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below. We may change these terms from time to time without notice to you.
Important Liability Statement
1. Home Shopping Mall Ltd try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
Use of this Site Generally
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
2.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services other than the Testimonials ("Materials") are owned by Home Shopping Mall Ltd or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
2.3 Should you submit a Before and After Story to us, you agree to grant us an exclusive perpetual license to use it worldwide on the Site and on any other Home Shopping Mall Ltd group company website which sells or markets the Products and in our marketing materials and for any other business purposes.
2.4 Home Shopping Mall Ltd accepts no obligation to monitor the use of the Site. However, Home Shopping Mall Ltd reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.
2.5 Home Shopping Mall Ltd may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your Personal Information
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Home Shopping Mall Ltd does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
4.2 Subject to the important liability statement Home Shopping Mall Ltd is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
4.3 The Site or documents sent with a Product, or the packaging or labeling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
Suspension and termination of Service
5.1 Home Shopping Mall Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will not necessarily be uninterrupted or error free.
5.2 Home Shopping Mall Ltd may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Home Shopping Mall Ltd or any company in Home Shopping Mall Ltd group.
Eligibility to purchase Products
6.1 Home Shopping Mall Ltd does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not purchase Products from the Site. By ordering Products, you represent that you are 18 years of age or older.
6.2 In order to purchase Products, you must submit a valid Visa, MasterCard, Solo or Maestro card.
You warrant that the payment card you submit is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. Home Shopping Mall Ltd is not responsible in the event that your payment card provider refuses to authorise payment. You will be asked your personal details and it is your responsibility to ensure they are correct. Please note that any refund will only be processed to the original card used for payment. We do not accept cheques.
7.1 IMPORTANT: When you order a subscription service for one of our Products, you agree that we may send you your chosen Product(s) every 30 days from the date of your first order and that we may debit the credit card you submit for your first order for the monthly subscription price of the Product(s). We will send you a confirmatory email with each dispatch of the Product(s). Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the same Product(s) and your credit or debit card will be charged the price and relevant sales tax and postal charges every 30 days. Once you have purchased your first Product(s), the price for such Products will change if:
(a) you change your address and the applicable sales tax or postage changes accordingly; or
(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.
7.2 Continuity/Auto-ship/Subscription Service Customers
You may cancel future automatic purchases at any time at your HSM Account page or by emailing it to email@example.com. On receipt of your email, we will make every reasonable effort to cancel your automatic purchases before any further Product(s) are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Product(s) to you, you can cancel such Product(s) when you receive them. Your cancellation rights in relation to dispatched Product(s) are set out in our cancellation section.
7.3 It is your responsibility to inform us of any change of address or other relevant details such as payment card details.
7.4 If you choose to pay over two months, or three months and the second payment of your order is DECLINED to us by your credit card/bank, we reserve the right to l attempt to take the full remainder of the balance as soon as possible.
8. You may submit orders on this Site for Products but no contract will exist in relation to the Products until we have confirmed to you by email the particulars of your initial order, the value of your initial order and the initial Products you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Home Shopping Mall Ltd reserves the right to refuse orders for Products.
Money Back Guarantee
9. Home Shopping Mall Ltd offers the following money back guarantees on limited products only. This does not include ingestible products TRANSFORM , SlimFreezer sheets, individual gel polishes, Replenishment Kit, Haute Polish Set with 1 Gel Bottle, Zlimmy products, individual DVD's, Reader Offers, ex-display, sales items or Wowcher or Living Social deals. All sales on these products are final. Refunds for Money Back Guarantee items will be for the full product price excluding the customer's original postage fee. For our Warehouse Clearance offer for KettleWorx, it will either be KettleWorX Ultra or Evolution package featuring either one of our KettleWorX Instructors Ryan or Alex, depending on what is left in stock.
Any product's Money Back Guarantee is calculated from the day that you receive your order. The following conditions will apply:
9.2. if the item is damaged or lost after being in your care, your right to a money back guarantee is waived.
9.3 The item is to be returned at your own expense, undamaged and in its original packaging within the product’s specific money back guarantee period. Original postage and packaging charges will not be refunded. Any items received after the product’s specific money back guarantee will not be refunded and the items will be returned back to you.
10. For defective or incorrectly delivered items, please contact Customer Services via e-mail at firstname.lastname@example.org as soon as the problem is detected, or at least within 7 days of having received your delivery. When an item is returned to us, we will check it as per the above. If these conditions have been met, the item will be replaced or a refund will be made for the purchase price within 14 days, excluding postage and packaging charges.
10.1 If you are not satisfied with your purchase, please contact us by e-mailing to email@example.com. The returned product must be in its original condition and must be received within the time frame listed in the Money Back Guarantee guidelines as noted above. No returns will be accepted if these conditions are not met.
To help assist us with this process, please include your order number in the email. Product must be unopened and unused with all original packaging intact. Unfortunately, product that has been opened or used CANNOT be accepted for return. When returning a product, we strongly recommend the use of a carrier that can track packages. Customers are solely responsible for shipping any returned products to HSM.TV. We will not be responsible for any shipping loss or damage on returns. The original shipping cost of the returned item is non-refundable and will be deducted from your refund. If you are returning an unopened item for refund, we will process and issue the refund within 7-14 business days of receiving a valid return. Refunds will be made to the credit card that was originally charged.
When returning a product you must first email us at firstname.lastname@example.org to request a Returns Authorisation Code. Please note that no returns will be accepted without this Code. When you have been given your unique Returns Authorisation Code, you must include this code in your package and on the top of the returned parcel to help identify. You must use the original shipping box and packaging materials ensuring that your product is wrapped securely. Make sure you also include your name and address and the order number so we can identify the parcel on receipt.
It is advisable that you return your product via registered or recorded postal service, as we cannot accept any responsibility for items that are lost in transit.
Your refund will only be credited to the credit/debit card that you used when making the purchase. If this is not possible refunds will be made by cheque. Please allow 7-14 working days for refunds to be processed.
Please note that refunds for returning products bought as gifts can only be given to the purchaser.
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.
11. We are highly committed to total customer care and abide by the principles of The Consumer Protection (Distance Selling) Regulations. Should you have any enquiries regarding your order please contact the Home Shopping Mall Ltd Customer Service team via e-mail at email@example.com and we will endeavour to reply to your query within 48 hours.
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.
12. If you have notified us of a problem with a product we will remedy the problem either by way or replacement or refund. This does not affect your statutory rights.
13. We aim to deliver our orders within 3-5 working days of the order being accepted. Products that are dispatched by our nominated carrier will require a valid signature as proof or delivery. Delivery dates are not guaranteed, and do not include weekend or bank holidays. Express delivery means 1-2 working days. This does not include Saturday, Sunday or bank holidays and cannot be offered to Irish or Channel Island customers.
14. All orders are subject to availability. If and item goes out of stock, you may be offered a substitute product.
15. All prices stated include VAT at the appropriate rate.
16. For your own safety, we recommend you carefully read all safety/instructional information provided with the product. Please view instructional videos/DVD where supplied. Please inspect electrical products for any signs of damage and notify the Customer Service team if necessary.
17. Every effort has been made to ensure that the information is correct at the time of publishing.
18. Data Protection Act 1998 Home Shopping Mall Ltd is registered as a data under the above Act. Information supplied by you will be used for administering your account details, and for promoting goods and services to you. We may disclose your information to a carefully selected third party service provider. We may also send you information about goods and services from other companies. If you do not wish to receive marketing offers by mail, telephone or any other means please email us at firstname.lastname@example.org.