Bare Lash

Terms & Privacy

Privacy Policy

This Privacy Policy outlines in general terms how Bare Lash ABN 80 913 951 740 and its related bodies corporate (referred to in this Privacy Policy as ‘we’, ‘us’ and ‘our) collects, holds, uses and discloses your personal information in accordance with the applicable legislation. We are bound by the Privacy Act 1988 (Cth) (“the Privacy Act”) and the Australian Privacy Principles (“APPs”)


By visiting and continuing to access our website, you are agreeing to the terms and conditions set out in this Privacy Policy.


Information Collected

The types of personal information that we collect about you will depend on our relationship with you and may include the following:


  • Your name, sex, date of birth, contact details, photos;
  • Your financial information, including your bank account and credit card details;
  • Any other information that we may need to identify you as well as any information that you provide to us on our website.
  • We may collect personal information where you input information into our website, purchase our goods, sign up to our newsletter, and/or from cookies and traffic data.

How we use and disclose your personal data

We may use your personal data in the following ways:


  • To provide you with our goods and services;
  • To improve our goods and services;
  • To send you updates and promotional information relating to our products;
  • For research purposes. Some of the data provided may be de-identified e.g. no name or reference to data from which you are reasonably likely to re-identified by;
  • To maintain records and comply with our legal obligations.

We may also disclose your personal information to:


Our employees, contractors and third-party service providers. This includes social network providers, payment providers e.g for goods purchased from us with others that may manage our brand or product promotions and for others that may develop or maintain our systems or technology which will enable us to enhance and better our offering for your continued use;

Those parties who we are required to provide your personal information to by law, for example, to comply with a court order, prevent illegal use or to defend third party claims;

Associated businesses that may wish to market products to you; and

Those persons that we may sell all or a portion of our business to, as well as their agents and advisors.

During the course of providing our goods and services to you, we may disclose your personal information to persons located outside of Australia. Before disclosing your personal information to any person located outside of Australia, we will take reasonable steps to ensure that the recipient does not breach the Australian Privacy Principles in relation to your personal information. This may include (without limitation), making enquiries with respect to the recipient’s existing data protection measures and imposing contractual obligations on the recipient to comply with the Australian Privacy Principles.


If you are situated in any country other than Australia (including the European Economic Area), we will take the necessary steps to ensure that your personal information is protected in a manner consistent with the relevant laws when being disclosed to parties situated outside of the country (or in the case of members of the EU, the European Economic Area). We will also require our agents, consultants and subcontractors to whom we disclose your personal information to maintain a similar standard of protection.


Direct Marketing

From time to time we may use your personal information to provide you with current information about offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.


If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting us through help@barelash.com. If direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.


Data Security

We have adopted a number of measures to ensure that the security of your personal information is maintained. Such measures include:


The adoption of internal practices, procedures and systems – this includes the training of staff with respect to the risks and threats to personal information, providing them with access to our internal policies and procedures on this issue and taking disciplinary action if they are found to have breached our policies;

Access security – we ensure that access to personal information is provided on a ‘need to know’ basis and is secured with password protection;

Destruction and de-identification – when we no longer need your personal information for the purposes detailed in this policy or as required by law, we will take reasonable steps to destroy or de-identify the personal information that we have collected.

We may combine personal information we receive about you with other information we hold about you. This includes information received from our partners or third parties. Secure Sockets Layer (SSL) encrypts the information you send through our website.


Cookies

Cookies are small files we send that are stored on your web browser. We use cookies for the following reasons:


  • Enhance your online website experience;
  • To track and report on website usage;
  • To personalise your experience and make it easier for you to do what you want.

You can change your browser’s cookie settings via your browser privacy settings.


Third-Party Privacy

From time to time, we may provide hyperlinks to third-party websites that we do not control. We do not accept any responsibility nor make any warranties with respect to the collection, use, disclosure and storage of your personal information when accessing those websites. It is your responsibility to review the privacy policies of the websites that you are accessing.


Access and Correction

You may seek to access, delete (where permitted by law) or correct personal information which we hold about you. We will provide that access in accordance with the applicable laws, however, there are certain exemptions which may apply to the provision of that information. In certain circumstances, we may charge a reasonable administration fee for granting access to information.


If we have obtained your consent to process certain personal information, you may withdraw your consent at any time.


If you would like to obtain access to or correct personal information, please contact:


Postal Address: PO Box 7005, Brighton VIC 3186


Email Address: help@barelash.com


Complaints or Disputes

If you have any concerns or complaints about your privacy and the Australian Privacy Principles, or you have any queries on how your personal information is collected or used please contact us at:


help@barelash.com


We will respond to your query or complaint within a reasonable time. If you are dissatisfied with our response, you may make a complaint to the relevant privacy regulator, which, in Australia, is Office of the Australian Information Commissioner who can be contacted on either www.oaic.gov.au or 1300 363 992.


Changes to this Privacy Policy

This policy may change at any time, in this event, we will post a notification on our website. This privacy policy was last updated on September 13, 2019.

 

Terms & Conditions

Bare Lash ABN 80 913 951 740 ('Bare Lash' PO Box 7005, Brighton Victoria 3186) and its associates, successors and assigns (collectively referred to as ‘us’, ‘we’ and ‘our) are providing their goods and services to you (the person making an order with us) subject to the following terms, which are also known as our terms and conditions of trade (“Terms of Trade”). By agreeing to purchase a product from us, you agree to be bound by these Terms of Trade.


If you need to contact a Bare Lash representative, please fill out the form on our ‘Contact’ section of our website otherwise contact us on help@barelash.com. Bare Lash reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. Any changes made to these Terms take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section. The last time these Terms and Conditions were altered was on September 13, 2019.


Prices, Payment and Product Availability

Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs). It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship any ordered products until payment for those products have been received. Unless otherwise stated, the price of our products does not include shipping and handling costs.


By placing an order with us, you warrant and represent to us that:


  • You understand the nature and effect of these Terms and agree to be bound by them;
  • You are authorised and legally permitted to purchase the products being ordered;
  • You are authorised and legally permitted to effect payment for the products being ordered using the payment method selected;
  • The information provided to us in connection with your purchase is accurate and complete.
  • You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the above warranties.

Bare Lash will attempt to make the product and quantities advertised on this site available at all times. However, this cannot always be guaranteed. Bare Lash does not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. With the exception of those products purchased on a subscription basis, Bare Lash’s prices are subject to change without notice.


Bare Lash reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorised or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force majeure events have occurred.


Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.


Promotions

We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price.


All promotions are subject to availability and while stocks last.


Any products purchased outside of the advertised time frame set out by Bare Lash will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on Bare Lash's platforms.


 


Terms of Product Use

You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, licence or distribute our products to third parties.


This site is solely an online store for eyelash beauty products. This website is not a substitute for professional medical advice, however, we do advise to consult your health care practitioner/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition. Bare Lash does not, and is not, able to give or intend to provide any advice in connection with your medical-related questions. This website does not replace any medical professional resource.


We do not represent ourselves as a doctor/physician and nor is this implied. The eyelash lift achieved from this product will vary from customer to customer depending on factors such as the strength of the eyelashes, the length of the eyelashes and the duration of time in between each eyelash lift treatment. The eyelash lift may not be uniform due to the difference in people’s eyelashes and Bare Lash is not liable to you for any undesired results. The eyelash lift will lose its shape with time and regular upkeep is recommended in order to maintain lifted eyelashes. Eyelash lifting products will not lift eyelashes that have extensions, or eyelashes that are too short to reach around the lifting rod. By placing an order through Bare Lash you accept all risks associated with the product as well as any complications that may arise as a result of your use of the product.


IF YOU NEED MEDICAL ATTENTION, CALL 000 (In Australia) OR YOUR DOCTOR IMMEDIATELY.


PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, HAVE EYE PROBLEMS, HAVE PLANS FOR LASER EYE SURGERY OR HAVE RECENTLY HAD LASER EYE SURGERY, HAVE SENSITIVE EYES, HAVE AN EYE CONDITION SUCH AS CONJUNCTIVITIS, STYE, DRY EYE SYNDROME, ARE ON PRESCRIBED MEDICATION (SUCH AS THYROXIN), OR ARE ALLERGIC TO ITEMS INSIDE THE SOLUTIONS, GLUE OR UNDER EYE PATCHES SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the solutions or product before using.


 


Shipping and Handling Information

All orders placed (other than those placed in peak periods) will be dispatched from our warehouse within 3 business days (based on the time in Victoria, Australia). In peak periods, please allow for up to 5 business days for dispatch.


Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure that the address provided is complete and accurate.


We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. In the event that a product is lost in transit, Bare Lash will help as much as is reasonably necessary to trace a missing parcel.


Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at the post office, etc. If a package is returned or rejected, the customer will need to email help@barelash.com to arrange redelivery and will also have to pay for all postage costs.



Risk in the products purchased will pass to you once delivery has been made to your nominated address.


Please direct any shipping related inquiries to help@barelash.com.


 


Shipping Time-Frames

As a general guide*:

Australia | 2-3 business days

New Zealand | 4-6 business days

North America, Western Europe, Asia and the Pacific | 6-13 business days 

Rest of the world | 10-15 business days


*All shipping times exclude clearance/customs delays and any other delays caused in circumstances that are outside of our control.


Please note that all shipping time frames are from the date of dispatch, not the date that your order is made. 



Taxes, Fees and Duties

When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, state, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by Bare Lash for those charges. If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will provide you with a refund for the returned products minus the return delivery costs.


If you are unsure of the charges and whether you will be affected, please contact your local customs office.



Returns Policy

If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email help@barelash.com and describe your problem.


Results will vary greatly from person to person, depending on the type of eyelashes the user has, or how the eyelash lift is performed. We here at Bare Lash are not able to refund purchases unless the product is defective.


Subject to the below paragraph, Bare Lash will offer a refund for defective items only if the defective product is returned to us, or you provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the same. We will review your claim as soon as we can and, if we are satisfied that your product is defective, we will provide you with a refund for the defective product.


If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post, not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.


 

Limitation of Liability

To the maximum extent permitted by the applicable law:


we do not make any warranties or representations other than those expressly set out in these Terms; and

all terms, representations and warranties that may be excluded by law regarding our products and the provision of them are expressly excluded from these Terms.

If any legislation implies into these Terms any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under that term or warranty, is deemed to be included in these Terms.


To the maximum extent permitted by the applicable law, we expressly exclude liability for any:


indirect, special, incidental, or consequential loss or damage suffered by you which may arise in connection with these Terms, or the provision of our products, their use, or in respect of other equipment or property;

loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third party service provider; and

loss of profit, business, revenue, goodwill or anticipated savings.

If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:


the supplying of our products again; or

the payment of the cost of having the products supplied again.

To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.


 


Dispute Resolution

Unless otherwise specifically provided in these Terms, a party to these Terms must not commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a dispute arising out of these Terms unless it has complied with the provisions of the below dispute resolution process.


 


A party must give the other a notice (dispute notice) setting out:


what the party considers is in dispute; and

what that party requires to be done to resolve the dispute and the grounds it has for those requirements.

If the dispute is not resolved within five (5) business days of delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties or a mediator appointed by the President of the Law Institute of Victoria. The parties must ensure that the mediation is held and concluded within 15 days of the appointment of the mediator.


Evidence of anything said or done in the course of attempting to settle a dispute is not admissible in any subsequent proceedings.


During the dispute resolution process, the parties must continue to act in accordance with these Terms.


If the dispute is not resolved by mediation within 30 days of the delivery of the dispute notice then either party may terminate the mediation.


Costs associated with the appointment of a mediator shall be borne equally between the parties to the dispute.


Subject to the above paragraph, each party must pay its own legal costs and disbursements connected with the dispute.


 


Intellectual Property

Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights subsisting in our website, our products and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights.


We reserve all rights, title and interests in our Intellectual Property Rights.


For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighbouring rights, designs, domain names, know-how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.


 


General

With the exception of those terms provided on our website, these Terms contain the entire agreement between the parties hereto and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorised representative of the party to be bound thereby.


If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.


These Terms are governed by and are to be construed in accordance with the law applicable in Victoria, Australia.


Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.


Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.


You must not assign your rights or obligations pursuant to these Terms to any other person without our prior written consent.