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TERMS AND CONDITIONS OF SALE OF HE-SHI ENTERPRISES LTD
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means He-Shi Enterprises Ltd. of (Block B, Carryduff Business Park, Belfast, BT8 8AN) that owns and operates www.he-shi.eu
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means www.he-shi.eu
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, the price excludes delivery charges. If viewing from a European Country, prices will automatically be shown in Euro's. This is a guide price based on our exchange rate. Payment will be taken in GBP £ via the payment gateway.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made during the checkout process.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the Services upon full payment.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
6.4 The supplier is not liable for any defective parts within professional machine equipment or for the cleaning of the machine. All machines purchased come with a 1 year guarantee. Manual guide will also be included.
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order.
8.2 Goods supplied outside the UK to Europe will normally be delivered within 10-15 working days of acceptance of order. Rest of the World up to 20 working days.
8.3 Reasonable allowance should be made for orders placed over weekends and during public and bank holidays. Please allow up to 30 days for delivery in exceptional circumstances.
8.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.5 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.6 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.7 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
8.8 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9 CANCELLATION AND RETURN
9.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before 14 working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier via email within 3 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier via email within 14 working days of receipt of the Goods.
9.5 Goods must be returned by the Buyer at the Buyer’s expense within 14 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods excluding delivery charges, if any and for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.6 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
9.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.8. Personalised products cannot be exchanged or refunded.
10 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
10.1 Gift vouchers will be dispatched within 5 days of acceptance of order and will be delivered by mail. Payment must be made immediately.
10.2 The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
10.3 Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.
10.4 Gift vouchers may be exchanged for goods at www.he-shi.eu. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer's order.
10.5 Gift vouchers are valid for the date specified from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
11 HE-SHI TAN & TREAT CLUB
In addition to these Terms and Conditions, the following terms and conditions shall apply to the rewards scheme:
11.1 You will receive 10 points for every £1.00 spent on www.he-shi.eu simply purchase to start collecting your rewards.
11.2 The following discounts will apply:
11.3 To redeem your points, you must follow the step by step instructions on the He-Shi website.
11.4 If you are in receipt of a refund, it will be company policy to deduct the corresponding points from your account.
11.5 If you believe your points balance to be incorrect please contact customer services on Tel: +44 (0) 845 0755842
11.6 He-Shi Enterprises Ltd reserve the right to terminate, modify or suspend the Rewards programme with 30 days notice.
12 LIMITATION OF LIABILITY
12.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
12.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
13 TRADE CUSTOMERS
Products are sold on the understanding that they will be used for their intended purpose. No responsibility will be accepted by the Company for trained or untrained personnel without qualified supervision using or misusing equipment or Products supplied by the Company. All offers online are subject to stock availability. In exceptional circumstances, if an article is unavailable, we may send a carefully selected substitute. We take special care to show correct sizes and specifications and such descriptions whilst given as a guide, in good faith, are subject to alteration by the Seller without notice.
Stockist information can be obtained by contacting He-Shi Enterprises Ltd. via email: email@example.com or by telephone +44 (0) 845 0755842. He-Shi Enterprises Ltd. will provide as much up to date information as possible on stockists from their database, but cannot be held responsible for inaccurate information. The first instance would be to check with the stockist via telephone, thus ensuring availability on the desired He-Shi products.
The Company services mentioned on this website are either trademarks or registered trade marks of UK and/or other countries. Other Product and Company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners.
We take every care to ensure that the description and specifications of our products are correct. The colours used on this website are as close a representation as possible; we cannot accept any responsibility for any variations in colour caused by the browser software or computer system used by the Buyer.
17 CELEBRITY IMAGES
The celebrities named or featured on www.he-shi.eu may not have endorsed, recommended or approved any of the products on this site. The use of celebrity images on this site is not intended to suggest that the celebrities concerned may use our products.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
19 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
21 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
22 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English.
If you feel you have any complaints, please contact us via one of the following methods.
Email us at: firstname.lastname@example.org
In writing: He-Shi Enterprises Ltd., Block B Carryduff Business Park, Comber Road, Carryduff, Belfast, BT8 8AN
Tel: +44 (0) 845 0755842
Fax: +44 (0) 28 90815818
We pledge to:
• Acknowledge all complaints within 5 working days (Excluding Public/Bank Holiday periods)
• Advise our customers how long it will take to resolve the complaint.
• Keep the customer informed throughout the process.
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