Terms of service

TERMS AND CONDITIONS OF SALE OF HE-SHI ENTERPRISES LTD

1 DEFINITIONS

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 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 CONDITIONS

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 ORDERING

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 DELIVERY

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 by email. Payment must be made immediately.

10.2 The Buyer must notify the Supplier of any discrepancy in a delivery of the email 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 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.

12 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.

13 STOCKISTS

Stockist information can be obtained by contacting He-Shi Enterprises Ltd. via email: info@he-shi.eu. 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.

14 TRADEMARKS

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.

15 COLOURS

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.

16 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.

17 WAIVER

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.

18 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.

19 SEVERANCE

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.

20 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.

21 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.

22 COMPLAINTS

If you feel you have any complaints, please contact us via one of the following methods.

Email us at: info@he-shi.eu

Tel: +447936 930108

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.

Mobile Message Program Terms and Conditions

Last updated: 27 October 2023

The 4Beauty Group mobile message program (the "Program") is operated by He-Shi Enterprises LTD (“4Beauty Group”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. By consenting to 4Beauty Group’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of 4Beauty Group through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. By participating in the Program, you agree to receive autodialled or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialler, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialling system (“ATDS” or “autodialler”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 4Beauty Group. Your participation in this program is completely voluntary.

User Opt Out

You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 4Beauty Group and its service providers will have no liability for failing to honour such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

If you have subscribed to other 4Beauty Group mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Program support or assistance, reply HELP or email info@he-shi.eu.

We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

Program Description:

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of self-tan products, skincare products, self-tan accessories, gift vouchers and merchandise. Messages may include checkout reminders.

Cost and Frequency:

Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Our Disclaimer of Warranty:

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.

You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

Participant Requirements:

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data
Any personal data of people aged under 18 without parental consent.
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Miscellaneous:

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.