Terms & Conditions

Terms of Use

The information contained within this document relates to the Baré Alchemy Australian online store, trading under Bare Cosmetics PTY LTD.

The Terms of Trade relevant to our other regions can be found in the footer of our international web stores. These can be accessed by selecting 'Shop Online' in the main menu, and choosing your region from the list that appears below.

Baré Alchemy is the trading name for Bare Cosmetics Pty Ltd (referred to in these terms and conditions as Baré Alchemy).

Disclaimer

The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Baré Alchemy does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Baré Alchemy does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

In addition, to the fullest extent permitted by law, Baré Alchemy does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Baré Alchemy accepts no liability arising from your access to this website.

Limitation of Liability

Subject to the provisions of consumer protection legislation that cannot be excluded, Baré Alchemy accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Baré Alchemy will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Baré Alchemy limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

Intellectual Property Copyright

All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Bare Cosmetics Pty Ltd or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Bare Cosmetics Pty Ltd and protected by Australian and international copyright laws.

Trademarks

Baré Alchemy and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of Bare Cosmetics Pty Ltd or its affiliates in other countries. These trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without Baré Alchemy's express prior written consent.

Licence and Site Access

Baré Alchemy grants you a limited licence to access and make personal use of this site and not to download (other than page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with Baré Alchemy's express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Baré Alchemy. You may not use any meta-tags or any other hidden text using Baré Alchemy's name or trademarks without Baré Alchemy's express prior written consent. Any unauthorised use will automatically terminate the licence granted above.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.barealchemy.com so long as the link does not portray Baré Alchemy, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by Baré Alchemy, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Baré Alchemy logo or other proprietary graphic or trade mark as part of the link without Baré Alchemy's express prior written consent.

Third Party Websites

Baré Alchemy may include links on this website to websites owned by other parties. Baré Alchemy is not in any way responsible for the material contained on these sites, nor is Baré Alchemy responsible for the availability of these sites. Baré Alchemy does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Baré Alchemy responsible for any damage, offence or loss caused as the result of visiting these websites.

Baré Alchemy recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

Terms of Trade

If you purchase any products via this website, you must agree to Baré Alchemy's Terms of Trade (see Shipping and Shopping).

Privacy

Personal information provided to Baré Alchemy via this website will be handled in accordance with Baré Alchemy's Privacy Policy.

Security

Baré Alchemy's credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Baré Alchemy offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.

Although Baré Alchemy engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.

You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.

Orders

1. To submit an order for Products (Order), you must:

a. create an account with Baré Alchemy on this website by registering your details and creating an username and password; and

b. complete and submit the online order through your Baré Alchemy account.

2. Baré Alchemy reserves the right to refuse any Order. In such case, Baré Alchemy will notify you as soon as reasonably practicable and refund to you any payment in full.

3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Baré Alchemy reserves the right to take legal action against unauthorised and unofficial sale of goods.

Liability

1. Without limiting Baré Alchemy's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Baré Alchemy reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:

a. withhold supply and dispose of the Products requested in the Order, and/or

b. refuse to deal further with you, and Baré Alchemy will not be liable to you for any loss or damage directly or indirectly resulting from any such action.

2. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Baré Alchemy for any loss or damage suffered by you as a result of Baré Alchemy breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.

No Warranty

1. Subject to the following clauses and to the fullest extent permitted by law, Baré Alchemy gives no warranty in respect of the Products.

2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Baré Alchemy is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Baré Alchemy breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.

3. You may also have express rights of action against Baré Alchemy under consumer protection legislation if Baré Alchemy supplied defective Products to you that cause you injury, loss or damage.

Force Majeure

If Baré Alchemy is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Baré Alchemy will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

GST

1. Where Baré Alchemy makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Baré Alchemy will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.

2. In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.