TERMS AND CONDITIONS

This website is owned and operated by The Beautique by Jessica Peris Pty Limited (we, us, our and BY THE BE.). These terms set forth the terms and conditions under which you may use our website and services as offered by us (Terms). This website offers visitors the ability to purchase our products. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms.

You must not use our website if you do not accept these Terms and Conditions. 
 

1.           Acceptable Use

We grant you a non-exclusive, non-transferable, revocable, limited licence to view and use information accessible from the Website.

You must not:
 

(a)         damage or interfere with accessibility to the Website; 

(b)         use it in connection with illegal, fraudulent or harmful purposes or activities; 

(c)         store, transmit or distribute malicious computer program; or

(d)         conduct any systematic or automated data collection activities.

 

Each Order you place will be a separate and binding agreement between you and us with respect to the supply of goods.

 

2.           Customer Service Policy

We strive to ensure that:
 

(a)         all goods listed are in stock;

(b)         pricing is accurate; and

(c)         you receive your products within a reasonable period of time.

If we:
 

(a)         are out of stock; or

(b)         have provided you inaccurate pricing;

we will notify you as soon as practicable to arrange an alternative agreement or refund your payment. 

 

3.           Order Placement
 

You may place an Order to buy goods from us via the Website, email or in person. 

When you place an Order you make an offer to buy the goods and we may accept or reject an Order for any reason.

When you place your Order, please ensure that you provide accurate information about:
 

(a)         place of delivery;

(b)         which good you have intended to purchase by selecting the desired one and placing it in your cart on the Website;

(c)         name of recipient; 

(d)         contact details of the recipient;

(e)         other details reasonably requested.

Your Order is not merely accepted because:
 

(a)         you received a notice that we acknowledged your Order;

(b)         you received a request to confirm your identity or other details; or

(c)         payment has been charged to your credit card.

We will:
 

(a)         if your Order is accepted:

(i)          notify you that it is accepted; and

(ii)         dispatch the goods. 

(b)         If your Order is rejected:

(i)          notify you that it is rejected; and

(ii)         refund the price of the goods (plus postage where necessary) to the credit card that you paid with.

 

4.           Payment

The price and types of goods may change from time to time and the total price for goods will be calculated on the checkout page.

You must pay us the price of the goods upon the placement of your Order.

If you pay by credit card, you warrant that your credit card details are true and correct and that you are authorised to charge the relevant credit card.

You indemnify us from and against any loss or damage we suffer in connection with a breach of warranty the above warranty.

All prices are in Australian Dollar ($AUD) unless otherwise indicated.

5.           Variation or Cancellation of Orders 

You may request to vary or cancel your Order and we may accept your request at our absolute discretion.

We cannot vary or cancel any Order where goods have already been dispatched.

We cannot consolidate your consecutive or separate Orders into one and delivery fee will apply to each Order.

If we accept your variation request:
 

(a)         you will pay costs we incur in varying your request including administrative costs; 

(b)         we are not responsible for any delay in supplying the goods caused by your variation request; and

(c)         we may cease manufacture and/or supply of the goods at our absolute discretion, until any variation request is resolved.  

If we accept your cancellation request:
 

(a)         you will pay any costs we incur in cancelling your request including administrative costs;

(b)         we will refund amount equivalent to the price of the goods less the costs incurred in paragraph (a) above.

 

6.           Accuracy of Goods Description

You acknowledge and agree that:
 

(a)         all pictures and images of goods displayed on the Website are for illustration purposes only and the sizes and dimensions of goods may differ from the pictures in real life;

(b)         you have read all descriptions about the goods prior to submitting your Order;

(c)         the colours of the goods may differ slightly in shade because of lighting used in photos and colour settings on your monitor; 

(d)         the goods are 100% natural and hand blended, and are therefore subject to slight variations from batch to batch; and 

(e)         any accessory that appears on with the goods is for illustration purposes only unless we expressly say they are included.

You also acknowledge and agree that there may be technical or administrative errors in information including but not limited to goods description, pricing and availability.

We may correct any errors on our Website and if you placed an Order for goods that had errors, we may at our discretion:
 

(a)         inform you of the errors for you to re-submit your Order; or

(b)         reject your Order and refund the full amount of payment you made.

 

BY THE BE. takes reasonable care to ensure that all details, goods description and prices of products appearing on our online store are correct at the time of Website creation. 

Although every effort is made to keep the Website current, we do not warrant the currency of the Website and the information appearing on it at the time of viewing and/or Order placement. 

7.           Damaged Goods

No Damage Assumed

To the full extent permitted by law, the goods are deemed to have been delivered to you and received by you, free from any damage.

Notification of Damage

When you receive the goods, you must immediately inspect the goods and notify us within 3 days, by email, of any damage to the goods (including photos of any alleged damage).

Damage Caused by You

You are responsible for any damage to the goods caused by you (including by any act or omission) for any reason, including:
 

(a)         using the goods contrary to our instructions or directions; 

(b)         modifying the goods; or

(c)         using the goods for an unintended purpose.

 

8.           Warranties and Guarantees

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express of implied) not otherwise specified in these terms.

The Agreement includes, by implication, only those warranties, conditions and terms that:
 

(a)         law or legislation implies into this Agreement; and

(b)         law or legislation prohibits the parties from modifying, excluding or contracting away.

 

9.           Intellectual Property Rights

All rights in and to the Content in the site belongs to us and is protected under Australian Intellectual Property Legislation.

You may only view and download Content on the Website for caching purposes and print a single copy of Content for personal, non-commercial use. 

You must not use this Website, or any of its Content to further any of your own commercial purposes.

You must not:

(a)         republish any Content from this Website;

(b)         present any Content in public;

(c)         reproduce or exploit any Content on this Website for commercial purpose;

(d)         edit or otherwise modify any Content on the Website; or

(e)         redistribute any Content from this Website unless we expressly permitted redistribution.
 

10.        Account Holding

You may be required to become a registered user to access certain services and to purchase goods from our Website.

You must:

(a)         provide true and accurate information about yourself;

(b)         not create accounts with false information;

(c)         not transfer your account to someone else or allow someone else to share your account;

(d)         at your sole responsibility keep your username and password safe; and

(e)         agree to be bound by such other terms and conditions as we may specify for registration of use/purchase of goods.

 

11.        Goods and Services

We reserve the right to refuse service or the sale of goods at any time for any reason.

We further reserve the right to modify or discontinue any of the products we offer at any time without notice. 

We will abide by clause 6, however we will not be held liable for any price change, modification, or discontinuance of goods.

 

12.        Personal Information 

You agree to provide current, complete, and accurate information to us. 

 The submission of personal information through our website is governed by our Privacy Policy.

 

13.        Third Parties

Certain Content available through our Website may include material from third party sources. 

Third party links that direct you to third party websites are not affiliated with us and we do not warrant that the content or information in relevant, accurate or up to date.
 

14.        Prohibited Uses


You are prohibited from using the Website or its Content: 
 

(a)         for any unlawful purposes;

(b)         to violate or infringe upon our intellectual property rights or the intellectual property rights of others;

(c)         to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Website; 

(d)         to submit false information; and

(e)         for any obscene or immoral purposes. 

 

15.        Authority to Use Goods and View the Website
 

Unless otherwise indicated, our Website and goods are not suitable for children. 

 

Our products are intended for use by adults only. 

 

To use our Website and/or receive our services, you must be at least 18 years of age and possess the legal authority to enter into these Terms as a binding agreement. 

 

16.        Allergen Caution


The goods contain natural and botanical oils and extracts. Some of our ingredients for certain products are obtained from nut kernels, therefore we recommend those who suffer from nut allergies do not use these products. 

Some essential oils have been known to cause allergic reactions and may not be recommended for use during pregnancy. 

We make every effort to notify you of the ingredients of our products and recommend you be mindful of your own medical history prior to the use of any of our good(s). 

You accept all responsibility to read and assess the ingredients of the good(s) you intend to purchase and indemnify us from all Claims and Liability you may suffer in connection with adverse reactions to the good(s). 

Ingredient information is available on all our product pages, by entering into these Terms, you warrant to having read all product information before making a purchase. 

We will not be held liable for any allergic reactions, or any adverse outcomes experienced as a result of using our products.

We strongly recommend consulting your doctor prior to purchase and/or use of any of our goods.

17.        Intended Use


By placing an Order with BY THE BE. you agree to use the goods or services only for their intended purpose. 

If you use the goods or services for any other purpose, you assume full responsibility for any Claim or Liability arising out of this use. 

Please read our usage and care instructions carefully. These are available on each of our product pages.

Please keep our products out of the reach of children, if ingested call a doctor immediately.

BY THE BE. assumes no liability or responsibility should the products not be stored correctly.
 

18.        Return and refund policy
 

Please email us at hello@bythebe.com.au if you have any issues with your Order.

To the maximum extent permitted by law, due to the nature of our products and consideration of health and safety, we do not accept refunds for change of mind, please read our product descriptions thoroughly and choose carefully. 

We only provide refund or exchange:
 

(a)         for goods that are not of acceptable quality;

(b)         for goods not corresponding to the description that we provided;

(c)         for goods not corresponding to the sample or demonstration model;

(d)         for breach of express warranties we provided in regards to goods; and

(e)         when there is a violation of any other warranties or rights you have under any legislation.
 

If you have received an incorrect good, please do not use the product, or break the seal.  The incorrect good must be returned to receive a refund/exchange. Only in this circumstance, we will cover the cost of shipping. 

To request a repair, refund or exchange you must:
 

(a)         show your receipt or proof of purchase;

(b)         return the goods in the same condition as they were purchased at your expense (unless you had received an incorrect good);

(c)         provide us with information regarding the reason for return or exchange.

We or the manufacturer of the goods may need to conduct an assessment of the goods to
 

(a)         in case of minor failure – at our discretion, repair, replace or refund the price of the good; or

(b)         in case of major failure – at your discretion, refund or replace the goods or provide compensation for drop in value of the goods.

 

All refunds for credit cards are made only to the credit card that was used in the Order.

To the fullest extent permitted under the law, we do not accept or provide returns, refund or exchange for an Order except in accordance with this clause.

19.        Severability 


If all or any part of any provision of this Agreement is invalid or unenforceable, then:
 

(a)         that provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and

(b)         the remaining provision of this Agreement remains valid and enforceable.
 

20.        Amendment & Right to change and modify the Terms

We may make changes to the Website at any time without notice. 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Website or the service.
 

21.        Limitation of Liability 

For the purposes of this clause, a Covered Party means: 
 

(a)         us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and 

(b)         each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.

To the maximum extent covered by law, a Covered Party is not liable for Claim and/or Liability arising out of or related to: 
 

(c)         Content provided to you free of charge; or

(d)         inaccuracy, errors of omissions with content; or

(e)         unavailability or interruption of usage of the website and services;

(f)          any delay or failure in performance; beyond the reasonable control of a covered party; or

(g)         loss of data; or

(h)         adverse reactions from use of the goods; or

(i)          improper use and/or storage of the goods; or

(j)          postage, delivery and/or collection of the goods; or

(k)         any event mentioned in these Terms which expressly state we will not be liable/responsible.

 

To the fullest extent permitted by law, we are not liable in any way for indirect, special or consequential Liability.

 

To the fullest extent permitted by law, our Liability to you for the supply of the goods is limited to the amount of the price of the goods you have paid us for the goods. 

 

To the fullest extent permitted by law, our Liability for any breach of any condition, warranty or guarantee is, at our discretion, limited to the lesser of:
 

(a)         the breach relates to goods:

(i)          the replacement of the Goods or the supply of equivalent goods;

(ii)         the repair of the goods; 

(iii)        the payment of the cost of replacing the goods or acquiring equivalent goods;

(iv)        the payment of having goods repaired; or 

(v)         a refund of the Purchase Price you have paid to us in respect if any damaged Goods.


Nothing in this agreement will exclude or limit our ability in respect of any:
 

(a)         death or personal injury caused by our negligence;

(b)         fraud or fraudulent misrepresentation on the part of us;

(c)         matter which it would be illegal or unlawful for us to exclude or limit, or attempt to or purport to exclude or limit, its liability.

 

22.        Indemnity

You indemnify us against all losses, Claims, Liabilities and expenses arising out of or in connection with:
 

(a)         supplying the goods to a third party;

(b)         your use of the goods contrary to any of our instructions or directions; and

(c)         a breach of these Terms by you or your employees, agents or subcontractors.


 

23.        Jurisdiction and Governing Law


Your use of this Website and these Terms are governed by the law of the Australian Capital Territory. 

You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Australian Capital Territory.
 

24.        Definitions

The following words have these meanings unless the contrary intention appears:
 

(a)         Agreement means the Website Terms and Conditions as amended from time to time.

(b)         Claim means any claim, suit, action, demand, or right.

(c)         Content means any material on the Website as amended from time to time including but not limited to goods description, text, document, image, logo, photo, audio material, video material and audio-visual material.

(d)         Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.

(e)         Order means the order form (including but not limited to any electronic order form or paper order form) or email request you complete and lodge with us for the supply of goods. 

(f)          Party means a party to this terms and conditions.

(g)         Parties mean all parties to this terms and conditions.

(h)         Website means “www.bythebe.com.au” 

(i)          Website Terms and Conditions means the terms and conditions set out in this document.

(j)          We, Us or Ourselves refers to the Beautique by Jessica Peris Pty Ltd and By the BE.