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Terms & Conditions

Terms and Conditions

The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Via Gallia Pty Ltd also trading as Bare and Be (“Bare and Be”) (“we”, “us”) (A.B.N. 63 61 638 2962) and contain the terms and conditions that apply to your access and use to The Services provided by Us.

  1. Terms of Use
    • Please read these terms and conditions (the “Terms”) carefully. By purchasing from us, you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, engage or access (or continue to use or access) the Service.
    • Bare and Be reserves the right to modify this Agreement and/or the Policies (and update The Bare and Be Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
  2. Service Description
    • Bare and Be in an online subscription based and online store selling beauty products.
    • Clients of Bare and Be are able to purchase product(s) either through:
      • a bi-monthly subscription basis; or
      • a one-off purchase.
    • Not all products featured on the Online Store will be selected for the Boxes. It will be a random selection.
    • Items sold through the online store will be referred to as “Products”.
  1. Privacy Policy
    • Bare and Be is committed to safeguarding your privacy online. Please review our privacy policy here 
  1. Links
    • This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Bare and Be endorses, has investigated or verified the linked websites.
    • Bare and Be makes no warranty or representation concerning these links or the linked websites and you acknowledge that Bare and Be is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.
    • You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
    • All prices displayed of products advertised on the Website, can be changed without notice.
  1. Payments
    • Payment of services and/or products will be in Australian Dollars (AUD).
    • Payment will be made via Shopify, through Credit Card or Paypal.
    • Full and punctual payment for product(s) will be required, to confirm orders with Bare and Be.
    • In the event of any unsuccessful debits for the Subscription Boxes : 
  2. Bare and Be reserves the right to cancel the subscription immediately without notice to the Client; and
  3. if, the product has already been shipped, all legal costs involved with recovery of funds will be paid by the Client, on an indemnity basis; and
  • where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
    • Should a client opt in under a bi-monthly subscription with Bare and Be, they will be required to provide an automatic payment method which will be debited seven (7) days prior to the next planned bi-monthly delivery of their Bare and Be Box.
    • Bare and Be reserves the right to amend and/or change the pricing and rates at any given time.
  1. Deliveries
    • Products purchased from Bare and Be will be transported by Australia Post.
    • All products shipped by Bare and Be will be provided with a tracking number.
    • Where products are over the combined purchase price of $55.00 (AUD), the client will be required to sign upon receipt of the parcel.
    • Delivery addresses cannot be altered once an Order has been processed.
    • Bare and Be makes every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.
    • Ownership of parcels turned over to Australia Post transfers to the buyer. Bare and Be will not be responsible for any loss, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through Australia Post.
    • Orders will be processed within 24 to 48 hours of purchase receipt. Once your order has been processed, you will be provided with a tracking number for Australia Post. Should you have any questions related to your delivery, please contact the Post Office with your tracking number.
    • The estimated delivery time-frame will range between 2-5 days. Please note however, this is an indication only. At certain times of the year, it can go beyond this, therefore we recommend allowing up to 10 business days for deliveries.
    • To ensure the safe delivery of your product(s), we recommend that someone is available to receive your order.
    • In circumstances where no one is present to receive the delivery, Australia Post may return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery.
    • If owing to a storm or poor weather, and Bare and Be, or Australia Post do not feel it to be safe or viable to leave a product(s) at a Client’s home unattended, we reserve the right to delay delivery until a time can be arranged to re-deliver the delivery.
    • If a parcel or delivery is delivered, and is damaged owing to bad weather or storm, Bare and Be may in some instances (as assessed on a case by case basis) offer a replacement.

 

  1. Refunds
    • All products sold from Bare and Be are final, and are sold on a no return or credit basis, (Subject to Clause 7.4 and 7.6) once an order has been complete, and payment has been processed.
    • Pursuant to relevant Australian Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Bare and Be reserves the right to cancel and/or amend a transaction.
    • Where payment has been processed under circumstances as specified under Clause 7.2, an immediate refund (exclusive of any postage and handling costs) will be issued.
    • Where a Product ordered and received arrives in a damaged state, and it was a fault from us, Bare and Be, a replacement or refund will be offered.
    • Any requests for cancellations or refunds not specified above will be at the sole discretion of Bare and Be, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.
    • Pursuant to relevant Australian Consumer Laws, where a product is declared as unsafe, the Client will have the option to request a refund for the product.
    • For all refund requests, the Client must contact Bare and Be on hello@bareandbe.com.au within seven (7) days of receiving the package. Images of the product may be requested.
    • The Client will generally be responsible for returning the product if it can be posted or easily returned. Reasonable postage or transportation costs will be reimbursed if the product is confirmed to be faulty, however receipts of postage will be required.
  1. Subscriptions to Bare and Be Boxes
    • Clients are able to “subscribe” to Bare and Be to receive bi-monthly subscription boxes delivered with a random selection of Bare and Be selected products.
    • Clients who have subscribed to the bi-monthly subscription boxes from Bare and Be, will be required to provide a payment method (as noted under Clause 5.5) which they will authorise the automatic debiting of from Bare and Be for their bi-monthly subscription.
    • Clients who have opted for a bi-monthly Bare and Be subscription are able to cancel their subscription at anytime, however will do so knowing that if the product has been shipped from the Bare and Be warehouse, the amount will be non-refundable. Cancellations for the bi-monthly subscriptions should therefore be made at least ten (10) days before the next automatic deduction.
    • To cancel an annual subscription with Bare and Be, written notice (in accordance to the days specified under Clause 8.3) must be provided to hello@bareandbe.com.au.
    • Clients who subscribe to Bare and Be on a bi-monthly basis do so acknowledging that the subscription is ongoing until they cancel the subscription as per Clause 8.4.
  1. User’s Obligations
    • You agree that at all times that:
      • You will comply with this Agreement (including all Bare and Be Policies) and all applicable laws and regulations;
      • You will not use Bare and Be or any of its related services for any illegal or immoral purpose.
  1. Intellectual Property
    • The information, blogs, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Bare and Be Website and or any of its Platforms are protected by copyright, trademark and other intellectual property laws. 
    • If images from Bare and Be are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked back to Bare and Be via its website: bareandbe.com.au.
    • You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by Bare and Be.
  1. Liability
    • Bare and Be accepts no liability for any loss or deterioration of any goods once they have been delivered to you or your representative. We will not be held liable for any financial or physical damages of any kind.
    • Further, in no event shall Bare and Be, nor any of its officers, be liable to you or anyone for any delays, errors, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:
      • the use of products sold on Bare and Be;
      • the use of information provided by you through Bare and Be and or its platforms; or
      • you or anyone else being unable to access Bare and Be for any reason; or
    • You indemnify Bare and Be against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by Bare and Be, arising out of, or in connection with your breach or non-observance of any term of these Terms and Conditions.
    • Bare and Be makes no guarantee as to the availability or suitability of products on this Site.
    • Product descriptions of all products sold through Bare and Be will clearly include all ingredients in the products for allergy purpose. Ingredients will be expressed both on the packaging and on the website.
    • Bare and Be will not be held liable to you or anyone for omitting to read and fully acknowledge the detailed ingredients list specified for each of the product(s) available through Bare and Be. It is presumed that purchases of products are done so, after understanding and acknowledging the ingredients in the product(s).
    • Bare and Be, nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Bare and Be, including such conduct or material transmitted by means by any other person.
  1. Disputes and Mediation
    • If the Client has a complaint about the Service they have received from Bare and Be, please contact Bare and Be directly through hello@bareandbe.com.au.
    • Mediation will be the first cause of action, if communications between the Client and Bare and Be to attempt to resolve the dispute has exhausted.
    • All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
  1. Choice of Law
    • The agreement herein is governed by the law in force in the State of Victoria and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
    • If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
  1. Law enforcement
    • Bare and Be reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or
      relevant law.