Beautychef

terms & conditions

TERMS & CONDITIONS

Thank you for visiting our website. This website is owned and operated by The Beauty Chef Pty Limited (ABN 16 156 222 043) in conjunction with its related company for United States activities, The Beauty Chef, Inc., a Delaware company.

By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘The Beauty Chef’, 'us', 'we' and 'our' means The Beauty Chef Pty Limited and The Beauty Chef Inc.

1. REGISTRATION

You must be a registered account holder to place orders on our website.

When you register and activate your account, you will provide us with personal information such as your name, email address and password. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account.

To create an account, you must agree and undertake to use the website in accordance with these Terms.

2. COLLECTION NOTICE

We collect personal information about you in order to, for example, respond to your enquiry, create your account, send you our newsletter, process your order and for purposes otherwise set out in our Privacy Policy at https://thebeautychef.com/pages/privacy-policy.

The personal data we collect from you remains with our company, our affiliates, and our providers (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners).  Your personal information will not be made available to third parties by us or persons acting on our behalf.  The personal information we do collect will be used to perform our duties to you.  Your personal information will not be used for any other purpose unless you have given specific consent. You can always revoke your consent for the use of your personal information by sending an email to that effect to the email address listed below.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy procedures or practices, please contact us by email to info@thebeautychef.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

The website is controlled and offered by The Beauty Chef from its facilities in New South Wales, Australia and will transfer data to the United States to process requests related to the United States via The Beauty Chef Inc.  We make no representations that the website is appropriate or available for use in other locations.  Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on our website is not comprehensive and is informational in nature with the intent to provide a summary of the subject matter covered. While we use reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

This provision is void, inapplicable, and unenforceable within the State of New Jersey.

4. PAYMENT

Payments may be made by credit/debit card or via a payment gateway, such as PayPal. You warrant that any credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card or the payment processor does not authorise payment to us, we will not be liable for any delay or non-delivery.

5. DELIVERY / SHIPPING

Deliveries in the United States generally take 3 to 7 business days.  When you place an order you will receive a reply e-mail acknowledging that your order has been received and your payment has been processed. You will also receive a tracking number so you can monitor your order’s delivery progress. In the unlikely event of delivery problems at our end, we will keep you informed by e-mail of expected dispatch dates.

6. RETURNS/ EXCHANGES/ ORDER CHANGES

Please select your items carefully prior to completing your order. Once your order is finalised and paid for, we are unable to cancel or make any amendments as we utilise an automated ordering system and third-party warehouse.

Our goods come with guarantees that cannot be excluded under the applicable consumer laws. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact us by e-mail (hello@thebeautychef.com) as soon as possible to inform us of your wish to return your goods. You must include your original order number, with your name and address.

It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit.

We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit.

Once the item has been received, inspected and approved, we will exchange the product or issue a refund for the purchase amount in the same manner the original order was paid. We will also refund the postage cost of returning the item to us. However, if the problem with the product was a major failure, you can choose whether to receive a refund or a replacement, or ask for compensation for any drop in value of the product.

Change of Mind: Please note that, given the nature of our products, we do not provide refunds or exchanges where you have changed your mind about a purchase unless the product is unused, sealed and in a re-saleable condition. Please email your request to return your product to hello@thebeautychef.com and we will send an address for you to send your unopened product(s) to us. We must receive returned product(s) within 30 days of your order together with a copy of your sales invoice / order confirmation. Please note that shipping a return is at your own cost and we are unable to refund your original order’s shipping cost.

7. PROMOTIONS AND COMPETITIONS

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

7a. $10 Welcome Discount (Ongoing)

Valid for Australian retail customers only.
One use per customer.
No minimum purchase, excludes shipping.
Must enter allocated gift code at checkout.
Not valid with any other offer.

7b. $15 Voucher with any Holiday Kit Purchase (December 2018)

Purchase a Holiday Kit between 11th - 17th December 2018 (Beauty Boost Kit or Holiday Glow Kit) and receive a $15 voucher to use on your next purchase over $50. 
Vouchers are valid for use until 31 January, 2019.
Valid for Australian and USA retail customers only.

7c. Free Express Shipping (December 2018)

Orders over $50 placed between 9:00am 14th - 11:59pm 17th December 2018 are eligible for free express shipping. This will automatically be populated on checkout.
Valid for Australian retail customers only.

7d. BODY Inner Beauty Powder Promotion (December 2018)

Buy 1 x BODY Inner Beauty Powder, save 20% (https://thebeautychef.com/collections/support/products/body-inner-beauty-powder-1-pack).
Buy a BODY Inner Beauty Powder 2 Pack - save 30% (https://thebeautychef.com/collections/beauty-bundles/products/body-inner-beauty-powder-2-pack).
Valid between 17th - 31st December 2018 on single and 2-pack BODY Inner Beauty Powder only. Excludes all other products or bundles including BODY. 
Valid for Australian retail customers only.

7e. Your Remedy Quiz 15% Off Bundles

Complete the ‘Your Remedy' quiz & receive 15% off your personal prescription when you purchase the three product bundle.
Discount applied automatically. To redeem, simply click the bundle link from the 'Your Remedy' results email to be taken to the shop page and select add to cart.
Valid for Australian and USA retail customers only.
Offer available from 10am, 1 February AEDT/ PST until 11.59pm, 28 February AEDT/ PST.

8. LINKED SITES

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

9. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a license to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

This website accepts comments, reviews, or other communications (Comments) from users. Submission of Comments is voluntary. Any Comments submitted shall be our exclusive property. The act of submitting Comments will serve as an assignment to The Beauty Chef Pty Limited of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We reserve the right to use the Comments for any purpose without further notice or compensation to you. Please consider this when submitting Comments and only submit Comments you wish to assign to us.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

10. UNACCEPTABLE ACTIVITY

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to: 

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

If you are the owner of a copyright in a work you believe has been copied on our website, as provided under the Digital Millennium Copyright Act, you may submit a written request including the following information:

  • A description of the work that is claimed to be infringing and its URL on the Website. 
  • A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers. 
  • A statement providing the basis for the complaint. 
  • The following contact information:
  1. The complaining party’s full legal name
  2. The authorized agent’s full legal name (if applicable)
  3. A postal address for contacting the complaining party
  4. An e-mail address for contacting the complaining party
  5. A phone number for contacting the complaining party
  • The following statements:
  1. “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  2. “This notification is accurate.”
  3. “UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”
  • A physical or electronic signature of the complaining party or the authorized agent thereof.
  • Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner).

The complaining party or authorized agent thereof should file the notification using one of the following methods:

  1. Via one of the contact means identified in the U.S. Copyright Office’s online service provider directory for The Beauty Chef Inc. (copyright.gov/onlinesp/);
  2. By contacting The Beauty Chef Inc. by mail using the address above;
  3. By contacting The Beauty Chef Inc. by email at info@thebeautychef.com; or
  4. By contacting The Beauty Chef Inc. by phone at 844-955-7245.

Upon receipt of a complete notification, we will remove or disable access to the work that is claimed to be infringing from the website. Where possible, the user who submitted the work will be forwarded a copy of the notification and will be alerted that access to the work has been removed or disabled.

A user having content removed will have the right to submit a counter-notification including: 

  • A description of the work that is claimed to be infringing and its URL at The Beauty Chef Inc. website before access to the work was removed or disabled. 
  • A statement why the claim of copyright infringement should be rejected.
  • The following contact information:
  1. The responding party’s full legal name.
  2. The authorized agent’s full legal name (if applicable).
  3. A postal address for contacting the responding party.
  4. An e-mail address for contacting the responding party.
  5. A phone number for contacting the responding party.
  • The following statements:
  1. “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  2. “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  3. “I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
  4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”
  • A physical or electronic signature of the responding party or authorized agent thereof.
  • Your authority for submitting the counter-notification (e.g., author who submitted the work, authorized agent of author who submitted the work).

The responding party or authorized agent thereof should file the counter-notification using one of the following methods: 

  1. Via one of the contact means identified in the U.S. Copyright Office’s online service provider directory for The Beauty Chef Inc. (copyright.gov/onlinesp/);
  2. By contacting The Beauty Chef Inc. by mail using the address above;
  3. By contacting The Beauty Chef Inc. by email at info@thebeautychef.com; or
  4. By contacting The Beauty Chef Inc. by phone at +61 2 9363 1648.

If we receive your counter-notification, but your work does not comply with the Terms of Use, we may inform you that we are not able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.

In many circumstances, we will forward your counter-notification (including the contact information submitted with your counter-notification) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in the Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with the Terms of Use, we may reinstate your work at that time.

11. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

This website and any information, products, content, materials, and any services included on or made available to you through the website are provided on an "as is" and "as available" basis.

The Beauty Chef MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, ITS CONTENTS, THE PRODUCTS REFERENCED ON THE WEBSITE, OR ITS SERVICES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Beauty Chef DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.

IN NO EVENT WILL The Beauty Chef BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, FROM YOUR USE OF ANY The Beauty Chef SERVICE, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by law we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. 

This provision is void, inapplicable, and unenforceable within the State of New Jersey.

12. WEBSITE ACCESS AND INFORMATION ON THE WEBSITE

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment. 

Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes. 

We make no guarantee as to the results that you may experience from using our products or the information we make available on our website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle and diet.

Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant or have a health condition. Always read instructions for use carefully.

If you rely on any of the information provided on this website, you do so at your own risk.

13. VIOLATION AND TERMINATION

Violation of the Terms of Use is sufficient grounds for us to terminate your account or access to the Website. Termination of your account may include deleting your account information subject to applicable legal retention obligations such as for tax, security, or resolving ongoing dispute.

14. ARBITRATION AND CLASS ACTION WAIVER

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act.  We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us.  Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, and (iii) our products and services, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.  By using or interacting with the website, you agree to binding arbitration administered by JAMS.  The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, and be located in the State of California. 

This provision is void, inapplicable, and unenforceable within the State of New Jersey.

15. INTENDED AUDIENCE

This website is intended for use by persons over the age of 13. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to the website, we will remove that information as soon as possible.

16. CALIFORNIA RESIDENTS’ NOTICE

California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to info@thebeautychef.com. You may also contact us by writing to The Beauty Chef c/o Customer Service, 1663A Superior Ave, Costa Mesa, California, 92627 or by calling Head Office on +61 2 9363 1648. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at 916-445-1254 or 800-952-5210.

17. GENERAL PROVISIONS

Indemnification: You agree to indemnify and hold us, our officers, shareholders, employees, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, Privacy Policy, any other agreement with us, any representation or warranty contained herein or therein or any applicable law; (ii) any materials submitted by you using the Website; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Choice of Law: The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Severability: If any provision of these Terms of Use, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms of Use, and the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances will remain in full force and effect. This provision is void, inapplicable, and unenforceable within the State of New Jersey. 

Captions: Any heading, caption or section title contained in these Terms of Use or the Privacy Policy is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

No Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

Entire Agreement: The Terms of Use and the Privacy Policy are the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Reservation: All rights not expressly granted to you in these Terms of Use are reserved and retained.

Assignment: These Terms of Use form a revocable license between us and you to use the Website according to these Terms. You cannot transfer the license. We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

18. UPDATES TO THE TERMS

You should check this page periodically as the Terms may change from time to time. In the event of a major change to the Terms, we will provide a conspicuous message either through the website or via an email address associated with your account informing you of the change. After a reasonable period of time from providing the message, your affirmative consent or continued use of the website will constitute your acknowledgement and understanding of the Terms in its current version.

Last Updated: [#] July 2018

 

 

 

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