BARNI SKIN TERMS & CONDITIONS OF USE
1. General
1.1 By accessing and using this Website and any of the tools and Services provided on this Website and each time You access and/or use this Website and any of the tools and Services available thereon, You agree to be bound by these Terms of Use. You must not do anything in respect of accessing or using any of the tools or Services available on this this Website which is not expressly permitted by these Terms of Use.
1.2 At Our discretion We may change these Terms of Use from time to time. We recommend that You check these Terms of Use for any changes and it is Your responsibility to do so. Your continued use of the Website and the Services following any changes will mean that You accept and agree to the updated version of these Terms of Use.
2. Definitions
In these Terms of Use:
2.1 “Content” means all copyright, database rights text, graphics, user interfaces, visual interfaces, extensions, tools, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights.
2.2 “Barni Skin” means the business operated by Us by including by means of the Website.
2.3 “Goods” means the products and services displayed by us on the Website as being available for purchase.
2.4 “Order” means any order made by You via the Website for the purchase of Goods.
2.5 “Services” means the on-line services, including the invitation to treat in respect of the sale of Goods displayed on the Website, the processes to Order Goods via the Website, and the processing of Orders and arrangements for the delivery of Goods, provided by Us via the Website.
2.6 “Terms of Use” mean these terms and conditions governing Your use of the Website and any tools or Services available from the Website.
2.7 “Us” or “We” or “Our” means Tingira Group Pty Ltd ABN 94 643 998 949 and related entities.
2.8 “Website” means the Barni Skin website with homepage with URL www.barniskin.com
2.9 “You” means the person accessing and/or using the Website.
3. Access
3.1 Subject to the remainder of this clause 3, the Website is accessible by all persons.
3.2 The fundamental purpose of the Website is as a virtual shopfront whereby Users may see and have the opportunity to purchase Goods displayed on the Website. By
accessing this Website (and thereby agreeing to the Terms of Use) and making any Orders for the purchase of Goods You represent and warrant that You are:
(i) a natural person of at least 18 years of age; or
(ii) that you are of the age of majority in the jurisdiction in which you reside; or;
(iii) you have the consent and authority from your legal guardian to access and use this Website,
and that You have the right, capacity and authority to enter into agreements, including to be bound by these Terms of Use (or to bind your legal guardian) and that You intend to use the Website and the Services for no purpose other than the purposes for which they are intended.
3.4 We are entitled to block Your access to the Website or to decline to provide you any Services or to refuse to meet any Order if You contravene any of these Terms of Use.
4. Ordering, Purchase and Delivery of Goods
4.1 The display of Goods available to be purchased via the Website constitutes an invitation to treat. Any Order made by You for Goods (along with accompanying payment for such Goods) constitutes an offer to purchase the Goods which We, in our sole discretion, may elect to accept or refuse. If We refuse any Order any accompanying payment will be refunded in accordance with our Refunds and Returns Policy.
4.2 Orders that are accepted by Us will be processed and dispatched generally within 3 business days of receipt of the Order by Us.
4.3 It may be that certain Goods displayed on the Website may be unavailable for purchase due to being out of stock or for any other reason. If an Order is made for Goods that are not available and, therefore, not able to be supplied under the Order, We will refund the purchase monies in respect of those Goods in accordance with our Refunds and Returns Policy.
4.4 Our products and their composition may change from time to time and we may discontinue the manufacture and/or supply of any Goods at any time at our sole discretion. We shall not be liable to You or any third party for the discontinuance of or failure to supply any Goods or for the modification, price change or suspension of any Goods.
4.5 All Orders for and purchases of Goods must be made in accordance with the processes provided for on the Website and no Goods will be processed for delivery until payment for those Goods has been received by us in full, including any delivery charges.
4.6 Any delivery charges associated with the delivery of the Goods to you will be calculated and advised to You and will be included in the price payable for purchase and delivery of the Goods that is displayed to you as part of the “shopping cart” processes on the Website.
4.7 It is the sole responsibility of You to ensure that the correct information is provided to Us in respect of any Order to enable us to fulfil that Order and to arrange for delivery. Such information includes: name, address (particularly the delivery address), contact numbers and email addresses. We accept no responsibility or liability for issues, costs or losses resulting from incorrect or inaccurate information being provided to Us.
4.8 Once an Order has been placed and paid for by You there can be no cancellation of the Order by You.
4.9 Any processing and/or dispatch and/or delivery times indicated or communicated by Us to You are indications only and We do not guarantee delivery within a set time period. As per clause 5 below, We are not responsible for the delivery of any Goods once dispatched or for the time involved in the delivery of the Goods. That is the responsibility and liability (if any) of the delivery provider.
5. Title and Risk
5.1 Once We have processed an Order made by You and the Goods the subject of the Order have been dispatched for delivery, title to those Goods passes to You and are at your Risk. Any delivery provider (including Australia post) is deemed to be the agent of You and any rights You have in respect of non-delivery of Goods are solely against the delivery provider.
6. Proprietary rights and Obligations
6.1 All intellectual property rights in and/or associated with the Website and its Content are either owned or controlled by Us or by third parties licensing Us to use their Content.
6.2 Except as expressly provided in these Terms of Use, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent.
6.3 You will not, nor allow third parties on Your behalf to:
(i) make and distribute copies of the Website or any part thereof;
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website or any part thereof; or
(iii) create any kind of derivative works of the Website or the Content or the Website.
7. Security and Privacy
7.1 By using the Website and any Services You agree that We may collect anonymised data and related information about Your use of the Website and any Services including online shopping history, shopping lists and technical information and preferences about Your device, system and application software. We collect this information to provide You with the functionalities of the Website and the Services available via the Website and to optimise Your user experience including to better understand Your requirements and preferences for using the Website and Services and to facilitate the provision of updates.
7.2 More information about privacy and use of information that may be gathered through Your use of the Website and Services are set out in Our Privacy Policy accessible on the Website and which terms are incorporated into these Terms of Use by reference.
8. Third party links
8.1 Any links to third party sites on the Website are provided for convenience only and We are not responsible for their use, effect or content. If You access third party sites You acknowledge that You are subject to any terms and conditions which are imposed by those sites and it is Your responsibility to access and understand any such third party terms and conditions and You are solely responsible for any breach of any such terms and conditions. We do not provide any warranty or assume responsibility about the accuracy, source, quality or fitness for purpose of any content on any third party site. The inclusion of any link does not imply endorsement by Us of the site or a relationship with the organizations to which links are provided.
9. Unauthorised Use
9.1 The Website and the Services are only for the personal use of users for purposes consistent with the intended use of the Website and the Services and these Terms of Use.
9.2 You must not use the Website or any of the Services for any activity other than for purposes consistent with the intended use of the Website and the Services and these Terms of Use.
9.3 You are solely responsible for the use You make of the Website and the Services and, subject to clause 10.3, We are not responsible for any such use or liable for any consequences that result from such use. As such, You assume the full responsibility and risk for Your use of the Website and Services and We are not responsible nor liable for any loss or damage of any kind however suffered or howsoever occurring.
9.4 We accept no responsibility or liability for illegal or unauthorised use of the Website by You or any other party
10. Disclaimers; No Warranties; Limitation of Liability
10.1 We are not responsible and assume no liability for:
(i) any inaccurate or incomplete information of any Content posted on the Website or made available or accessible in connection with any of the Services including by any third parties or by any of the equipment or programming associated with or utilized as part of the Services;
(ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Your or any other user’s communications and/or means of accessing the Website and/or any Services;
(iii) any violation of these Terms of Use or applicable laws or regulations by You;
(iv) any dissatisfaction on Your part in respect of any products, goods or services purchased by You from third parties in any way associated with Your use of the Website and/or Services;
(v) any illegal access of Your Account by any third parties.
10.2 We are not responsible for any problems or technical malfunction of any network connections or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Website that may impede or restrict Your access to the Website and/or Services.
10.3 Further to the above in this clause 10 and clause97, to the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Us in respect of or in connection with making available the Website and the Services (including the supply of any Goods) are excluded under these Terms of Use. If a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy or the imposition of any liability under the Australian Consumer Law except to the extent that We are permitted to limit Our liability. Where Our liability can be so limited then it is limited to, except in the case of a major failure, to Our election between the remedies in the case of:
(i) services, the cost of supplying the services again or payment of the costs of having the services supplied again; and
(ii) Goods, the cost of replacing the Goods, supplying Goods or having the Goods repaired, or payment of the cost of replacing the Goods, supplying equivalent Goods or having the Goods repaired.
11. Indemnity
11.1 You hereby agree to indemnify and hold Us harmless from and against any and all damages, obligations, costs or expenses arising out of or in connection with any claims brought against Us as a result of Your use of the Website or Services or Your violation of any rights, including intellectual property rights of Us or others, or any violation of these Terms of Use.
12. Governing law
These Terms of Use will be governed by and construed according to the law of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland, Australia.
