TERMS & CONDITIONS

This Site is owned and operated by Fitness TV Shop. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions. Please note that when you order our I Luminess system, you agree as part of the Makeup Club we will send you a monthly top-up of x 2 .25 of Luminess airbrush foundation of your selected shade of foundation on the chargeable basis of £20 plus £3.95 every 30 days from the date of your first order. You may uncheck this option at the point of checkout or cancel at any time at your Makeup Club Account page www.luminessair.co.uk/manage.asp

Important liability statement

1. The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice. While every reasonable effort has been made to ensure the quality and efficacy of the Products, they are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so. If for any reason, your condition worsens or you are concerned about the reaction of your skin to the Products, you should seek advice from your doctor.

We 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, subject to the paragraph below, 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.

We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, for liability under Part 1 of the Consumer Protection Act 1987, or for any other liability which may not by applicable law be excluded or limited and we do not do so. Subject to that, our liability to you in respect of Services in each year is limited to the amount of charges for the Products payable by you to us in that year subject to a minimum of £100.

2. 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 Fitness TV Shop 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, or remove or change anything on the Site, 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, irrevocable, perpetual licence to use it worldwide on the Site and on any other Fitness TV Shop group company website which sells or markets the Products and in our marketing materials and for any other business purposes.

2.4 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Fitness TV Shop or any third party.

2.5 Fitness TV Shop accepts no obligation to monitor the use of the Site. However, Fitness TV Shop 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. Fitness TV Shop will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

2.6 Fitness TV Shop 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.

3. Your Personal Information

3.1 Use of your personal information is governed by Fitness TV Shop’s Privacy Policy, which forms part of these terms and conditions. In the event that Fitness TV Shop undergoes reorganisation or is sold to a third party, you agree that any personal information Fitness TV Shop holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

4. Liability

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, Fitness TV Shop 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 The Site includes links to external sites and co-branded pages. Fitness TV Shop has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Fitness TV Shop does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.

4.3 Subject to the important liability statement Fitness TV Shop 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.

4.4 The Site or documents sent with a Product, or the packaging or labelling 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.

5. Suspension and termination of Service

5.1 Fitness TV Shop 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 Fitness TV Shop 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 Fitness TV Shop or any company in Fitness TV Shop’s group.

6. Eligibility to purchase Products

6.1 Fitness TV Shop 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 become a Makeup Club member or purchase Products from the Site. By applying to be a Luminess Makeup Club member or 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 and Maestro cards. You warrant that the payment card you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Fitness TV Shop 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. Ordering Products

7.1 IMPORTANT: When you order your I Luminess, you agree that we may send you the Makeup Club monthly top-up of your chosen shade of x 2 .25 bottles of airbrush foundation 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 discounted price of £20 plus s&h on each subsequent dispatch of Products. We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the same Products 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 Products, 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 Luminess Customers

You may cancel future automatic purchases at any time at your Club Account page or by emailing it to info@luminessair.co.uk. On receipt of your email, we will make every reasonable effort to cancel your automatic purchases before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in our cancellation section.

8.3 It is your responsibility to inform us of any change of address or other relevant details such as payment card details.

8.4 Luminess Customers

If you choose to pay over 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.

9. Contact Formation

9.1 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. Fitness TV Shop reserves the right to refuse orders for Products.

10. Money Back Guarantee

10.1 Fitness TV Shop offers a 30-day money back guarantee on our I-Luminess Makeup TV Offer, Firm Express TV Offer and Rhythm Rocker TV Offer only, if you should change your mind. This is calculated from the day that you receive your order. The following conditions will apply:

10.2. If the item is damaged or lost after being in your care, your right to a money back guarantee is waived.

10.3 The item is to be returned at your own expense, undamaged and in its original packaging within 30 days of having received it. Original postage and packaging charges will not be refunded.

10.4 Please note all returns must be received within the specified money back guarantee period. Any items received after 30 days will not be refunded and the items will be returned back to you.

* Please be advised that the following product line is included within the Money Back Guarantee terms and conditions; I Luminess TV Offer, Firm Express TV Offer and Rhythm Rocker TV Offer.

11. Returns

11.1 For defective or incorrectly delivered items, please contact Customer Services 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, excluding postage and packaging charges.

When returning a product please you must first email to info@fitnesstvshop.com to request a Returns Authorization Code. Please note that no returns will be accepted with out this Code. When you have been given your unique Returns Authorization Code, when returning 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 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.

For defective or incorrectly delivered items, please contact Customer Services by completing the following For defective or incorrectly delivered items, please contact Customer Services at info@fitnesstvshop.com

11.2 We cannot accept returned goods that we reasonably believe have been used. In such circumstances, we will notify you that no refund will be available and you will be responsible for arranging for such goods to be returned to you within 28 days of our notification. (This includes all products )

12. CUSTOMER SERVICES We are highly committed to total customer care and abide by the principles of The Consumer Protection (Distance Selling) Regulations 2000. Should you have any enquiries regarding your order please contact the Fitness TV Shop Customer Service team on info@fitnesstvshop.com we will endeavour to reply to your query within 24 hours.

13. STATUTORY RIGHTS To obtain a refund you are obliged to return goods in the condition they were received. Please note that any refunds will only be processes to the original card used for payment. However, for the avoidance of doubt, this does not apply to products that are deemed not to have met the required standard, under law. In these cases, such products will be considered defective and the purchase price plus postage and handling costs will be refunded in full.

14. LIABILITY - 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.

15. DELIVER - We aim to deliver our orders within 5-7 days of them being accepted. Products that are despatched 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, again this does not include Saturday, Sunday or bank holidays but cannot be offered to Irish or Channel Island customers.

15.1 FAILED DELIVER - If delivery by our courier is attempted and not been made because there is no one to accept delivery, we reserve the right to charge for the re-delivery fee. This applies to UK & Overseas orders.

15.2 FAILED DELIVERY CHARGES If the delivery address refuse delivery of the goods or if you do not respond to the "sorry we missed you" card left by your driver, your order will be returned to the warehouse we will then wait for you to contact us before we refund you your money minus the return postage cost. Please note our courier returns charges are £29.25

16. AVAILABILITY All orders are subject to availability. If and item goes out of stock, you may be offered a substitute product.

17. VAT  - All prices stated include VAT at the appropriate rate.

18. SAFETY ADVICE 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.

19. ERROR Every effort has been made to ensure that the information is correct at the time of publishing.

20. Data Protection Act 1998 Fitness TV Shop 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 info@fitnesstvshop.com or write to us at Fitness TV Shop, 400 Television, Unit B5 The Workshops, 2a Askew Crescent, Shepherds Bush, London W12 4DP