LAST UPDATED: 21/04/2023
TERMS OF USE
Welcome to the BareMinerals UK website (the "Site"). The BareMinerals brand is part of the brand portfolio owned by Orveon Global Ltd ("Orveon") and its affiliates, and its or their subsidiaries and (direct and indirect) parent companies from time to time (together, the "Orveon Group", "BareMinerals", "we", "us" or "our"). We provide the services available on the Site to you subject to the following terms and conditions (the "Terms"). 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. By accessing this site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to us, you agree to and are bound by the terms, conditions, policies, and notices contained on this page.
If you are based outside of the UK or accessing the Site from another country, you cannot make a purchase from this Site as we do not deliver products outside of the UK.
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. BareMinerals 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 BareMinerals 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.
PRIVACY
Please review our Privacy Policy which forms a part of these Terms and governs your visit to the Site, so that you may understand our privacy practices.
ABOUT THIS SITE
The Site is owned or controlled by Orveon Global Ltd (on behalf of the Orveon Group), which is registered in England & Wales with company number 13618162 (and VAT registration no: [392 7904 58]) and whose registered office is at Suite 1, 3rd Floor 11 - 12 St James's Square, London, United Kingdom, SW1Y 4LB.
ELIGIBILITY
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 in the UK and accessing the Site from the UK; and (d) be the holder of a valid debit/credit card.
LANGUAGE
This contract shall be concluded in English.
PRICES
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 Site. 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 via email at customerservice@bareMinerals.co.uk
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms (including our Privacy Policy) or if we identify a product or pricing error.
If you require a VAT invoice, please email us at customerservice@bareMinerals.co.uk.
PAYMENT
You may pay using any of the methods specified in the 'payment details' section shown when you proceed to checkout. 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 our 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 your order was received, please contact Customer Services customerservice@bareMinerals.co.uk.
RETURNS
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) within 30 days of delivery if the product is in its original condition.
You have the right to a price reduction, or the right to demand a full refund of the price paid and your reasonable costs of returning the products, if:
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 satisfactory quality.
Please note that we're currently unable to offer product replacements.
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 goods to us.
Please ensure you obtain a proof of postage when you return the goods to us. You should retain your proof of postage as we cannot accept liability for missing returns.
For more information on the returns process, please refer to our Returns Policy, or email customerservice@bareMinerals.co.uk with your order number and Customer Service will explain to you how to proceed.
If BareMinerals 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, BareMinerals 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 hereby authorise BareMinerals to deduct any such sums from the payment method used by you to make the purchase.
By law, customers located in the UK have the right to withdraw from the online purchase of an item within 14 days of the day the item is delivered. You can exercise this right in accordance with our Returns Policy.
Your statutory rights remain unaffected.
BAREMINERALS CONTENT
Content on this Site that is provided by or on behalf of BareMinerals, including (without limitation) certain artwork, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trade marks, logos, product and character names, slogans, and the compilation of the foregoing ("BareMinerals Content"), is the property of BareMinerals or its licensors (as applicable), and is protected in the UK and internationally under intellectual property laws.
You agree not to download, display or use any BareMinerals Content located on the Site for any commercial purpose (including use in any manner that is likely to cause confusion among consumers, that disparages or discredits BareMinerals, that dilutes the strength of BareMinerals' property, or that otherwise infringes BareMinerals' intellectual property rights). You further agree to not misuse any BareMinerals Content or User Content (as defined below) that appears on this Site in any other way.
USE OF THE SITE
The following requirements apply to your use of 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, distribute, download, copy or scrape any information, software, or other material whether 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.
BAREMINERALS TERMS OF SALE
These terms of sale set out in this Section (the "Terms of Sale") apply to all purchases made by United Kingdom customers directly from BareMinerals, including by internet or phone. By placing an order, you accept and agree to be bound to these Terms of Sale.
PLEASE REVIEW THESE TERMS OF SALE CAREFULLY AS THIS DOCUMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM BAREMINERALS AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BareMinerals only accepts orders through this Site from addresses within the United Kingdom. At this time, we are unable to ship to any international locations outside of the United Kingdom.
Despite our efforts, occasional pricing errors may occur in the Site. Possession of, or access to, Site does not constitute the right to purchase products featured. BareMinerals is not responsible for typographical or pricing errors. BareMinerals reserves the right to revise pricing errors in the Site 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 BareMinerals employee or agent has the authority to vary any of these terms and conditions governing any sale.
There is a value limit of £500 after discount per order and we must limit any orders to no more than six (6) units of any single item per order. We reserve the right to reject, cancel or terminate any order at our discretion without reason. If you wish to place an order for 7 or more units of an item, please contact our Customer Service team on customerservice@bareminerals.co.uk.
Through this Site, BareMinerals sells and ships products to end user customers only. You may not purchase for resale. BareMinerals reserves the right to refuse or cancel your order if we suspect you are purchasing for resale.
These Terms of Sale and any claim or dispute arising from or relating to these Terms if Sale or any order placed or purchase made by you shall be governed by the laws of the United Kingdom.
BareMinerals reserves the right to modify these Terms of Sale at any time.
POSTING POLICY
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 BareMinerals ("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 BareMinerals, 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.
BareMinerals may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if BareMinerals deems that you have violated these Terms, the law, or for any other reason at BareMinerals' absolute discretion. BareMinerals 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 BareMinerals 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, trade mark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold each member of the Orveon Group and their respective officers, employees, website contractors and agents harmless from any claims, damages and expenses, including reasonable attorneys' legal fees and costs, related to your violation of these Terms, including this 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 BareMinerals or this Site.
You acknowledge and agree that BareMinerals will not have any obligation to review, monitor, display, accept or exploit any User Content and BareMinerals 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.
BAREMINERALS 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
BareMinerals 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. BareMinerals makes no representations regarding the amount of time that any BareMinerals 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 BareMinerals immediately of any unauthorised use of them or any other breach of security regarding the Site that comes to your attention.
BareMinerals 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 BareMinerals without the prior review and written approval of BareMinerals.
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 BAREMINERALS 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 BAREMINERALS 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 BAREMINERALS' REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, FIRE, RIOT, EPIDEMIC, PANDEMIC, TERRORISM, EARTHQUAKE, STORMS, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES OR ACTIONS OF FEDERAL, STATE, NATIONAL OR LOCAL GOVERNMENTAL AUTHORITIES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BAREMINERALS OR ITS AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF BAREMINERALS 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 INTELLECTUAL PROPERTY RIGHTS OR OTHER INAPPROPRIATE USER CONTENT
If you are an intellectual property rights owner and you believe that your 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 BareMinerals' agent for notice of claims of intellectual property rights infringement, who can be reached at legal@orveonglobal.com. You must provide our agent with the following information:
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;
your address, telephone number and email address;
a statement that you have a good faith belief that the disputed use is not authorised by the intellectual property rights owner, its agent, or the law;
a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the intellectual property right involved or you are authorised to act on behalf of that owner; and
your physical or electronic signature.
Upon receiving your complaint, BareMinerals may at its absolute discretion remove the content that you allege is infringing your intellectual property rights.
THIRD PARTY WEBSITES
This Site may hyperlink to sites not maintained by or related to BareMinerals. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or BareMinerals, and BareMinerals makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and BareMinerals has no control over how your information is collected, used, or otherwise handled.
MISCELLANEOUS
Both you and BareMinerals acknowledge and agree that no partnership is formed and neither of you nor BareMinerals has the power or the authority to obligate or bind the other.
These Terms and all matters (including any contractual or non-contractual obligation) arising from or connected with them will be governed by and construed in accordance with English law 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 exclusive jurisdiction of the English courts. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
If BareMinerals fails to act with respect to your breach or anyone else's breach on any occasion, BareMinerals is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and BareMinerals, and is accepted by you upon your use of the Site or your account. These Terms, the Privacy Policy and Shipping and Returns Policy constitute the entire agreement between you and BareMinerals regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms, the Delivery and Returns Policy, and Privacy Policy.