Terms & Conditions
Welcome to our Bare Escentuals UK web site (the "Bare Escentuals UK Site" or the "Site"). Bare Escentuals Beauty Inc (“Bare Escentuals”, "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. By accessing this site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Bare Escentuals, you agree to and are bound by the terms, conditions, policies, and notices contained on this page.
If you are from outside of the U.K. or accessing the website from another country, you cannot make a purchase from this website.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Bare Escentuals may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Bare Escentuals will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
About Bare Escentuals UK website
The Site is owned or controlled by Bare Escentuals Beauty, Inc. Bare Escentuals is registered in the State of Delaware, with company number 3774938. Its registered office is 2711 Canterville Road, Suite 400, Wilmington, New Castle, Delaware19808, United States of America and its main trading address in the UK is 7 Soho Square, 5th Floor, London, W1D 3QB, VAT number 625-996-884.
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
This contract shall be concluded in English.
All prices indicated for products available via the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
Order Acceptance& Contract Creation
You will be guided through the process of placing an order by a series of simple instructions on the website. Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance.
Unless we have notified you that we do not accept your order or you have cancelled your order (see Cancellations), our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you (again via email confirming your items have been dispatched).
If you require any information regarding your order(s) please contact Customer Services on the 0800 652 3362 (Monday to Friday, 9am-5:30pm) or email us at email@example.com.
If you require a VAT invoice, please contact us at 0800 652 3362.
You may pay using any of the methods specified in the Payment section in Customer Services. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on 0800 652 3362 (Monday to Friday, 9am - 5:30pm) or email us at firstname.lastname@example.org.
We hope that you are delighted with your order. However, if for any reason you are not entirely satisfied, you may return any item (with receipt) in its original condition for a full refund within 30 working days of receipt for a refund.
Please contact Customer Services on 0800 652 3362 (Monday-Friday, 9am-5:30pm) or email at email@example.com with your order number and Customer Service will explain to you how to proceed.
If you choose to return items for reasons other than defects in the goods, or incomplete, or incorrect delivery, delivery charges are not refundable and you will be required to arrange and pay for the return of the items to us. Please ensure you obtain a proof of postage when you return the goods to us. You should retain your Proof of Postage in order to provide proof to us that you have returned the products, in the unlikely event that we do not receive the returned parcel.
Damaged/Faulty or Incorrect Items
1) the product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description; or
2) the product delivered is not of a satisfactory quality,
Bare Escentuals will, at its option, deliver to you a replacement product or refund to you the price paid and your reasonable costs of returning the products.
The Returns Process
STEP 1 – Contact Customer Services
Contact the Customer Services Team 0800 652 3362 (Monday-Friday, 9am-5:30pm) or by emailing us at firstname.lastname@example.org with your order details. Please note that we cannot accept returned goods that we reasonably believe have been used.
STEP 2 – Returning the Product
The Customer Service Team will email you a Return Merchant Authorisation (RMA) email with our Return Address, which you will need to print out and complete the necessary fields. Goods must be returned to us in their original condition at our distribution centre within 30 working days of delivery. Please ensure that the returned parcel is properly sealed, and that you have included within the returned parcel your completed RMA email print out. Please ensure you obtain a Proof of Postage when you return the goods to us. You should retain your Proof of Postage in order to provide proof to us that you have returned the goods, in the unlikely event that we do not receive the returned parcel. We cannot accept liability for returned goods lost in transit.
STEP 3 – Processing the Refund
If you have chosen a refund, we will process the calculated refund within thirty (30) days of receiving your returned goods provided that you have returned the goods to us in their original condition at our distribution centre within 30 working days from delivery. You will receive email notification of your refund from our Customer Service Team.
If Bare Escentuals issues a refund and you fail to return any products to us where required to do so and/or fail to make them available for collection after receiving notice requiring you to do so, Bare Escentuals shall be entitled to compensation from you equal to the sum of the purchase price for the relevant products and the original delivery charges. You authorise Bare Escentuals to deduct any such sums from the payment method used by you to make the purchase.
This policy is only applicable to purchases made online at www.bareminerals.co.uk; we are unable to process returns for purchases made within a partnered retail location. Refunds will be issued to the original form of payment as soon as possible, but in any event within 30 days.
Please Note: 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.
By law, customers located in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. Your statutory rights remain unaffected.
Bare Escentuals Content
Content on this Site that is provided by Bare Escentuals, including (without limitation) certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Bare Escentuals Content"), is the property of Bare Escentuals, and is protected in the United Kingdom, the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Bare Escentuals Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Bare Escentuals, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Bare Escentuals, that dilutes the strength of Bare Escentuals’ property, or that otherwise infringes Bare Escentuals’ intellectual property rights. You further agree to in no other way misuse any Bare Escentuals Content or User Content (as defined below) that appears on this Site.
Use of the Site
The following requirements apply to your use the Site:
- You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use the Site for any commercial purpose. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Bare Escentuals Terms of Sale
These Terms of Sale ("Agreement") apply to all purchases made by United Kingdom customers directly from Bare Escentuals, including by internet or phone. By placing an order, you accept and agree to be bound to the terms and conditions of this Agreement.
PLEASE REVIEW THESE TERMS OF SALE CAREFULLY AS THIS DOCUMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM BARE ESCENTUALS AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Bare Escentuals only accepts orders through this website from addresses within the United Kingdom. At this time we are unable to ship to any international locations outside of the United Kingdom.
To learn about Bare Escentuals return and refund policy, please click here.
Despite our efforts, occasional pricing errors may occur in the Bare Escentuals website. Possession of, or access to, the Bare Escentuals website does not constitute the right to purchase products featured. Bare Escentuals is not responsible for typographical or pricing errors. Bare Escentuals reserves the right to revise pricing errors in its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No Bare Escentuals employee or agent has the authority to vary any of these terms and conditions governing any sale.
Through this website, Bare Escentuals sells and ships products to end user customers only. You may not purchase for resale. Bare Escentuals reserves the right to refuse or cancel your order if we suspect you are purchasing for resale.
This Agreement and any claim or dispute arising from or relating to this Agreement or any order placed or purchase made by you shall be governed by the laws of the United Kingdom.
Bare Escentuals reserves the right to modify these Terms of Sale at any time.
From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Bare Escentuals (“Inappropriate User Content”); that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organisation, including without limitation, the personnel of Bare Escentuals, or misrepresent an affiliation with another person or organisation; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein. Bare Escentuals may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if Bare Escentuals deems that you have violated these Terms, the law, or for any other reason at Bare Escentuals’ absolute discretion. Bare Escentuals assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Bare Escentuals a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Bare Escentuals, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' legal fees and costs, related to your violation of these Terms, including these Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Bare Escentuals or this Site.
You acknowledge and agree that Bare Escentuals will not have any obligation to review, monitor, display, accept or exploit any User Content and Bare Escentuals may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
BARE ESCENTUALS DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS SITE.
Representations, and Limitations of Liability
Bare Escentuals makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure to the fullest extent permitted by law. You acknowledge that any reliance on such material or systems will be at your own risk. Bare Escentuals makes no representations regarding the amount of time that any Bare Escentuals Content or User Content will be preserved.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the Site. You may not share these with or transfer them to any third parties. You must notify Bare Escentuals immediately of any unauthorised use of them or any other breach of security regarding the Site that comes to your attention.
Bare Escentuals does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Bare Escentuals without the prior review and written approval of Bare Escentuals.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. SAVE AS EXPRESSLY SET OUT IN THE CUSTOMER SERVICE POLICIES, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BARE ESCENTUALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BARE ESCENTUALS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BARE ESCENTUALS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BARE ESCENTUALS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF BARE ESCENTUALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Reporting Violations of Your Copyrights, and other Intellectual Property or other Inappropriate User Content
If you are a trademark or copyright owner of Intellectual Property and you believe that your copyright or trademark Intellectual Property rights have been violated by content posted on this Site, or if you consider any other User Content is Inappropriate User Content, please contact Bare Escentuals’ agent for notice of claims of copyright infringement, who can be reached at email@example.com. You must provide our agent with the following information:
- a. a specific description of the material that you believe infringes your work, or that is otherwise inappropriate, with enough detail so that we may locate it on the Site;
- b. your address, telephone number and email address;
- c. a statement that you have a good faith belief that the disputed use is not authorised by the copyright Intellectual Property owner, its agent, or the law;
- d. a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright Intellectual Property interest involved or you are authorised to act on behalf of that owner; and
- e. your physical or electronic signature.
Upon receiving your complaint, Bare Escentuals may at its absolute discretion remove the content that you allege is infringing your rights.
Third Party Websites
Both you and Bare Escentuals acknowledge and agree that no partnership is formed and neither of you nor Bare Escentuals has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the United Kingdom without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the United Kingdom. These Terms operate to the fullest extent permissible by law.
The failure of Bare Escentuals to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, national or local governmental authorities or for any other reason beyond the reasonable control of Bare Escentuals, shall not be deemed a breach of these Terms.
If Bare Escentuals fails to act with respect to your breach or anyone else's breach on any occasion, Bare Escentuals is not waiving its right to act with respect to future or similar breaches.