Terms and Conditions

EFFECTIVE: June 2020

1. Welcome to the Naked Chemist (‘site’). The following company Terms and Conditions, our Privacy policy, and any other Terms and Conditions and Policies you find throughout the Site, including our Returns and Exchanges policy, in conjunction with any features and other laws or regulations that apply to the website, collectively govern the usage of the Site, our related products, sites and services provided therein (collectively “Terms and Conditions”). We request that you read these carefully before accessing our website or purchasing any products, as they govern your use of the interactive services that affect your legal obligations so please read carefully.
2. Please consult our FAQ section and Shipping and Returns if you have any questions about shopping or browsing online with us.
3. By using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the Terms and Conditions and the provisions of our Privacy policy, FAQ, Guidelines, and Rules, contained in this agreement and all other terms incorporated herein by reference of use, if you do not agree with these Terms and Conditions or any changes or modifications, then you must cease using the website immediately.
4. We reserve the right at our sole discretion and without any notice to change, add, modify or remove any portion of these Terms and Conditions at any time. Changes will be effective when the revised terms are posted on the website; your continued use will be deemed your acceptance of these changes after these are posted. We reserve the right to terminate or refuse any service without notice if these Terms and Conditions are violated in any way or if we decide it would be in our best interests.

MODIFICATION

1. We reserve the right at our sole discretion and without any notice to change, add, modify or remove portions of these Terms and Conditions and the Policies at any time. This includes but is not limited to changing the form and nature of the content, all information posted on the website and social media, services, and products without notice. Any changes are effective immediately upon posting on the website.
2. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website, in part or whole, or any service, content feature, or product offered. You can read this current, compelling copy of this agreement at any time by selecting the “Terms of Use” link on the website. Before placing an order online, we recommend you view this page to review the current agreement so you know of any revisions you will make and check back often. After such changes have been posted, your continued access to the website will mean you accept and agree to the changes. We may terminate any or all rights these Terms and Conditions grant without prior notice.

INTELLECTUAL PROPERTY

ACCURACY OF PRODUCTS AND INFORMATION

ELIGIBILITY, ACCOUNT, PASSWORDS, AND SECURITY

1. You will be requested to provide your details to purchase through our website and access certain areas, including your Facebook or other social media login information. In particular, your real name, phone number and email address, and any further contact details as indicated.
2. The information or personal details you give us shall be processed under the Privacy Policy in the context of the order.
3. If you register, you will have a username, email address, and password for your Naked Chemist account. It is your sole responsibility to maintain the confidentiality of this information and access to your computer. Should these details change, it is your responsibility to update them. You are solely responsible for any activity on that account, and you may never use another person’s account or registration information for the website without permission. You can delete your account anytime, as our Privacy Policy outlines.
4. You expressly authorise us to perform credit checks and, where the Naked Chemist deems necessary, to obtain information about you, too and from third parties from time to time, including but not limited to authenticating your identity, your credit card details, and validation of your card, to obtain an initial credit card authorisation and authorise transactions. Please refer to our Privacy Policy to understand how this information is used.
5. When you place an order, you confirm you’re over 18 or 21, or as legislated by the relevant state or territory of residence, you may only place an order with your parent or guardian’s consent.

PRODUCT INFORMATION

1. The New Zealand Ministry for Primary Industries (MPI), environmental protection authority or U.S Food and drug administration and all other relevant food and drug agencies have not evaluated or regulated the statements made about the products, nor have they been evaluated by any other regulating body, and the results reported, if any, may not necessarily have the same effects on all individuals.
2. Using our website or products is not supposed to serve as a substitute for professional medical advice. Please consult with your physician regarding using any goods, products, and information received from the website before relying on them.
3. The Naked Chemist website is not a medical resource and does not represent itself as a physician; neither is it implied this way. No medical treatment or prescription medication is intentionally provided on this website; any products or statements made are not intended to treat, cure, diagnose or prevent a condition or disease; we are purely holistic and do not intend to give any medical-related questions. To that end, we do not replace the need for services provided by medical professionals. Your medical practitioner should treat any medical conditions, concerns, and decisions.
4. Our content is purely educational, including articles on natural ingredients, holistic therapies, and skin health. These are not regulated in the United States by the FDA.
5. Whilst the Naked Chemist does try to display the products’ colours accurately. These colours are shown depending on your monitor or screen and may not necessarily be accurately rendered.
6. We always try to provide an accurate description of the products; however, we cannot guarantee that all of the colours, reports, information, pricing, promotions or other content available on the website is always accurate. The Naked Chemist reserves the right to correct these inaccuracies and change or update information, cancel orders, or any other information on the website that is inaccurate without prior notice, including after submitting an order.
7. Please read the Returns and Exchange policy if the product is defective or incorrect.

ORDER AND BOOKING ACCEPTANCE

1. No contract regarding purchasing products shall exist between Naked Chemist and you until your order has been processed and accepted by us. Once your order has been submitted, this is deemed to be an offer by you to form a contract to purchase the products referred to in that order on these Terms and Conditions, at our price, for those items at the time we process your order, our performance of any contract is made conditional on your agreement to these Terms and Conditions.
2. All orders are subject to acceptance by us; we reserve the right not to accept your

• order if we are unable to obtain payment authorisation or;
• if the product is out of stock or the services are unavailable, you don’t meet the eligibility in the Terms and Conditions. Should funds have already been deducted, they will be fully refunded

1. Dispatch of these items will be confirmed in a shipping confirmation. The contract includes these Terms and Conditions, Guidelines, and Privacy Policy.
2. Any errors or omissions in any invoice, acceptance or other information on our part shall be subject to correction without liability.

INTENDED USE

1. By placing an order with the Naked Chemist, you agree to use the services or products only for their express intended use; this must be strictly used under their guidelines, instructions, and precautions. Should you use them for any other purpose, you will assume full responsibility for any damage or loss that may arise as a result. All information and material related to the products presented by the Naked Chemist on the Site are only intended for personal, educational, or informational purposes.
2. You are responsible for checking the ingredients before use to avoid allergic reactions.

PRICING POLICY

1. The prices visible on the Site are in New Zealand (NZD) and include goods and services tax; they are not inclusive of delivery or shipping fees. Your shipping fees will be included in the order total on checkout.
2. Product prices and shipping are subject to change immediately upon posting to the website. While we try to display prices correctly, occasionally, errors may occur. If there is an error in the price shown for an item on the website, we will inform you of this as soon as possible and give you the option to confirm your product(s) at the correct rate. If we cannot contact you, your order may be cancelled, and the amount paid by you will be refunded fully.

GOVERNING LAW

1. All of the information and material on this website and social media sites is the exclusive property of the Naked Chemist and has been prepared under New Zealand law. This website is created and controlled by us in New Zealand. As such, the laws of New Zealand will govern these Terms and Conditions and Policies (including non-contractual disputes or claims) that arise out or in connection with it or its subject matter or formation and shall be governed under the law of New Zealand and dealt with exclusively by New Zealand Courts. You hereby agree that any legal action will only be commenced through the courts of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts. They will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out or in connection with any of these Terms and Conditions and Policies or its subject matter or formation in these forums.
2. All intellectual property on this website, including, without limitation, the software, text, button icons, video and audio clips, headers, pages, graphics, artwork, images, logos, and trademarks collectively referred to as the ‘content”, is owned by Naked Chemist LTD (or the relevant content supplier). New Zealand and international laws protect these intellectual property rights, including laws governing copyright and trademarks.

SITE CONTENT USE

1. The Naked Chemist provides the website’s interactive services and all other services as a forum only. To the fullest extent as permitted by law, The Naked Chemist is not and shall not be liable for any representations, statements, or content provided by its users in any public forums on the website or any Social Sites. Any content, if displayed, is purely for entertainment and informational purposes.
2. The Naked Chemist does not control any content that is posted on the website or social media sites; you represent and warrant that you own all rights, interest, and title to such user content, including all copyrights, and that all the User Content complies with all applicable laws, rules, and regulations and is accurate, complete and up to date, you understand that by using this content the Naked Chemist shall not be liable.
3. You are permitted to use the content as expressly authorised by the Naked Chemist; its third-party licensors are subject to the Copyright Act 1994 and other related legislation. Unauthorised use of content trademarks or services may violate copyright, trademarks, and other laws. The content grants you no rights, and you will not use, copy or display the content, including but not limited to the use of framing or mirrors, republishing, reproducing, publicly displaying, encoding, uploading, or distributing in any way to any other server, computer, website or vehicle for distribution or publication or any commercial enterprise. This includes, without limitation, Naked Chemist soft wear and all HTML and other code contained within the Site.
4. Permission is granted to electronically copy and print only portions of the website in hard copy for using it as a shopping resource or placing an order with the Naked Chemist.
5. You agree not to circumvent, disable or interfere with security-related features on the website that may disrupt it, and you may not attempt to gain access to the website or any networks or systems of the website or Interactive sites used by the Naked Chemist by password mining, hacking, or any other illegitimate means. You agree not to use any software or device to interfere with the correct working of the website or any activity conducted on the website; neither will you attempt to decipher, reverse, decompile, or interfere with the soft wear, forge headers in any way, or manipulate identifiers to disguise the origin of the message that you are sending to the Naked Chemist or in any manner that negatively affects other users’ ability to engage in real-time exchanges, or that may harm or compromise the website in any way whatsoever.

CONTENT SUBMISSIONS

1. You are solely responsible for the content you upload, email, post, or transmit through our website and social media sites. This includes submitting product ratings and reviews, profile information, documents, texts, software, photographs, music, graphics, videos, forum postings, comments, answers, and questions (collectively called the content).
2. Concerning User Content -you agree that we reserve the right but have no obligation to do one or all of the following regarding any submissions that we may receive:

• By uploading user content, you understand that you are participating in a public forum, and your content will be available to others;
• You are the sole author and owner of the intellectual property; by submitting User Content, you are waiving and agreeing not to assert any claims, moral rights, or copyrights if we alter the User Content or photos, illustrations, or any information in the User Content;
• Using the brand’s hashtags, our website can pull content from those sharing photographs or videos on Instagram. You agree that the photos can be used on the Naked Chemists website, emails, and retail space. In association with the pictures for identification and promotional purposes, you hereby grant the Naked Chemist to use and authorise your name and social media handle;

1. You also represent and warrant that you will not upload or otherwise provide any user content which:

• is false, misleading, or inaccurate;
• does harm to minors;
• forges information to disguise the origin of any User Content;
• will not expose the Naked Chemist to any civil or criminal proceedings in any part of the world;
• does not infringe any patent, trademark, copyright or rights or privacy of any person or entity;
• is not submitted for compensation or any other consideration from a third party;
• complies with all Terms and Conditions, Guidelines and Policies on the Site;
• does not include any information that would reference other websites, their address, email addresses, phone number, or contact details;
• does not contain any spam, pyramid, and other such selling, marketing schemes, computers codes, or viruses programs that are designed to disrupt or change or limit the functionality of the Site
• does not violate any law, regulation, or statute;
• is not unsolicited or using unauthorised advertising, promoting materials, spam, chain letters, pyramid schemes, or any other form of solicitation;
• is not, or would not reasonably be considered to be defamatory, threatening, abusive, inappropriate, libellous, obscene, defamatory, pornographic, offensive, profane, contains nudity or depicts sexual activity or racially or religiously biased, threatening or harassing to any individual;

1. For any content you submit, you assign the Naked Chemist, its affiliates, and related entities a non-exclusive worldwide, perpetual, irrevocable, royalty-free, sublicense and transferable right to use, modify, change, edit, delete in its entirety, translate, publish, upload, publicly display and perform, reproduce, distribute, and use, create derivative works, from and sell and distribute your name and User Content and photographs provided with your content as we see fit, for any purpose, commercial or otherwise, without your acknowledgement or compensation to you, in connection with the use of the Naked Chemist Site and Interactive sites or promotional advertising or marketing of the business as a whole, in any form, medium or technology use now or in the future, including after you have terminated your account on the website.
2. All content submitted is not confidential and may be used at the Naked Chemist’s discretion. We may or may not pre-screen, change, condense, refuse or delete any content or submission before allowing it to be posted without any notice to you for any reason whatsoever.

INTERACTIVE SERVICE GUIDELINES

1. You must not use our interactive service to add a false email address, pretend to be someone other than yourself or mislead the third party or us about the whereabouts of the comments. You must not store or collect personal data about other users.
2. The Naked Chemist takes no responsibility for any comments you make and their accuracy; neither do we take any responsibility and assume no liability for any comments posted by you or any third party. We shall be under no obligation to confidently maintain comments, pay compensation for comments, or respond to any comments.
3. Your comments will not contain libellous, abusive, or obscene material or any computer viruses or malware that could affect the website’s operation.
4. You agree that the Naked Chemist may, in its sole discretion and without notice, remove, withdraw or discard any reviews, feedback, comments, or content for any reason, including without limitation any comments that violate any right of the third party, including copyright, privacy, or trademark. After appearing on the website, the moderation team may flag and move some reviews. If it violates the guidelines, it may be removed:

• Third-party URL and personal information.
• References to other products, ‘spam’ content, offers or websites, and advertisements.
• Medical conditions discussed or unlawful medical claims.
• Reviews that don’t apply to the product used, such as the customer service experience.
• Inappropriate comments, threatening, trolling, racist or hate speech.
• Evidence of threatening potential danger.
• Any content or material you do not own rights to.

THIRD-PARTY

1. Naked Chemist’s trademarks, service marks, and logos used concerning the services are registered and unregistered trademarks of the Naked Chemist. Other products or companies used on the website or connected with our services may be trademarks owned by third parties. Without prior written consent, there is no license or right to use any trademark displayed on the Site or otherwise used in connection with our services.
2. You may log in to the Naked Chemist site via third-party services, such as social networking services. As part of this integration, the social networking services will give us access to the information you have provided. We will use, store, and disclose such information under our privacy policy. Their policies govern how these services use, store, and disclose your information.
3. The Naked Chemist does not guarantee, endorse, or adopt third-party content or websites’ accuracy or completeness. We take no responsibility or liability for any other service’s privacy practices or actions that may be enabled on or offered through the Site. Neither are we responsible for the accuracy or reliability of any information or products, content data, advice or statements, or updating or reviewing third-party content. You use this content at your own risk.

LINKS

1. For the convenience of the users on the Naked Chemist website, from time to time, we may include hyperlinks to other internet websites operated by third-party websites, services, or other resources on the internet, including but not limited to Facebook and our sponsors and other resources and services. The Naked Chemist is not responsible for the content or accuracy of any off-site pages linked to or from the Site or any potential damage from using such links. Any links between the Site and any other internet website are provided for your convenience only and shall not be endorsed by the Naked Chemist. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any content, offers, products, services or goods available through, or on any external third party websites, including without limitation your use of data, advertising, content, products or other material available. It would be best if you made reasonable inquiries regarding these sites’ content. Reference to any product, service manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation from the Naked Chemist.
2. We may participate in affiliate marketing and allow affiliate e-links to be encoded on our posts. Therefore, we may earn a commission if/when you click on or purchase via one of these affiliate links.

OFFERS

CONTACT

PRIVACY POLICY

SHIPPING

DISCLAIMER AND LIMITATION OF LIABILITY

• Regarding the functional aspects of the website and regarding the accuracy, commercial value, timeliness, or completeness of all the data/information, materials, content or products included on the website or as part of the interactive services.
• that the server that makes this information available will be provided free, uninterrupted service, secure or free from omissions or errors.
• Is free of viruses or harmful components or system failure or malfunction, or other [potentially destructive computer files or programs.

1. You agree that to the fullest extent permitted by law, we will not be responsible or liable (whether in contract or (including negligence) or otherwise, under any circumstances, for any of the above.
2. The Naked Chemist will not be liable for any claim arising from your improper use of any goods, services, or products offered or purchased through the website, including any that do not comply with product instructions or are deemed unreasonable or unexpected.
3. Notwithstanding anything in these Terms and Conditions, including the New Zealand Sale of Goods Act, may imply warranties and conditions, impose consumer guarantees, or impose obligations on the Naked Chemist that cannot be restricted, modified, or excluded. Such legislation may, for example, impose non-excludable guarantees that the goods are acceptable and that any services will be rendered with skill and care. These Terms and Conditions must be read subject to these statutory provisions; nothing in these Terms and Conditions is intended to restrict or change the operation of such provisions.
4. The Naked Chemist nor any of its service providers will be liable for any incidental, indirect, special, or consequential damages of any type that results from your use of the website or Interactive websites or any loss of profits, revenue or data or goodwill, arising out or related to the use or (non-use) of the Site or Interactive Sites. Even if we have been advised of the possibility of such damages, in no event shall our maximum aggregate liability exceed $100 NZ dollars.

INDEMNITY

You agree to indemnify us and hold harmless the Naked Chemist (and its directors, agents, employees, third-party service providers, officers, joint ventures, and subsidiaries) from all liabilities, losses, damage, costs, demands, claims, expenses (including any legal fees) suffered or incurred by us, arising from, or which is related to :

• your breach or non-compliance with these Terms and Conditions
• any breach in any of your representations and warranties set forth above regarding content
• your use of and access to the site and social media sites
• your violation of any rights of a third party or any law (including without limitation any property, copyright, or privacy right)
• or any claim that the content you submitted caused harm to a third party

REPRESENTATION AND WARRANTIES

1. Naked Chemist LTD makes every effort to provide correct information through our website, content, services, and social media services; naked Chemist takes no responsibility for any loss.
2. The Naked Chemist, our affiliates, directors, employees, suppliers, and agents collectively, the Naked chemist parties, make no representations or warranties that the website will operate error-free, including limitations, accuracy, reliability, or truth.
3. The Naked Chemist’s failure to enforce these Terms and Conditions shall not constitute a waiver of these Terms and Conditions, and such failure shall not affect the right later to enforce these Terms and Conditions. Therefore, we should be entitled to our rights and seek remedies in any situation where they are breached.

FORCE MAJEURE

1. The Naked Chemist shall not be responsible for any delay, suspension, or failure arising from circumstances outside our reasonable control. Not limited to:

• any forms of protest, including strikes or labour problems
• explosions, fire, epidemics such as Covid 19, earthquakes, or any other natural disaster
• inability to use public transport, motorised transport, planes, delivery or any other transport, be it private or public
• any acts of terrorism, viruses, floods, war or national emergency, civil unrest, an act or omission of a third party, inability to obtain any necessary materials, facilities or services, the failure of others’ performance, internet interruption or virus, accidents or breakdown of plant, machinery, hardware, or communication network

1. When a FORCE Majeure Event remains in effect, it shall be understood that our obligations deriving from contracts will be suspended. It may also be that an extension of the period to fulfil these obligations is also required.

RESERVATION OF RIGHTS

1. The Naked Chemist reserves the right to modify, discontinue or disable the entire website suspend, block, terminate or restrict your use of the website or its interactive Services at any time or any part of the Site when required on either a temporary or permanent basis.
2. The Naked Chemist may access and disclose your account information and content, including if required to do so by law or where it is deemed that such access, disclosure, and preservation is reasonably necessary:

• comply with the legal processes
• respond to these claims that any content violates third-party rights
• verify and process your payment or personal particulars; or protects the rights, personal safety or property of Sephora and its employees, the public, and users
• respond to your requests for customer service or communicate with you

ENTIRE AGREEMENT