Terms and Conditions

EFFECTIVE: June 2020

  1. Welcome to the Naked Chemist (‘site’). The following company Terms and Conditions, our Privacy policy, 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 Site or purchasing any products, as they govern your use of the interactive services that affect your legal obligations, so please read carefully.
  2. If you have any questions in relation to shopping or browsing online with us, please consult our FAQ section and Shipping and Returns
  3. By using the Site 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 site 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 Site, your continued use after these are posted will be deemed your acceptance of these changes. 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 to do so.

 

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 the website.
  2. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in part or in whole, or of any service, content feature or product that is offered through the Site. You can read this current, effective copy of this agreement at any time by selecting the “Terms of Use” link on the site. Before you place an order online, we recommend you view this page to review the current Agreement so you are aware off any revision to which you are bound and check back often. Your continued access to the Site after such changes have been posted will mean you accept and agree to the changes. We may without prior notice, terminate any or all of the rights granted by these Terms and Conditions.

 

INTELLECTUAL PROPERTY

  1. You may use the Site only in the manner permitted by the Terms and Conditions. All intellectual property rights (including without limitation) trademarks, copyright, design rights, patents and all other forms of intellectual property rights existing in the world, nothing in the Terms constitutes a transfer of intellectual property rights.

 

ACCURACY OF PRODUCTS AND INFORMATION

  1. When describing our services and products on the Naked Chemist Site and social media we attempt to be as accurate as possible, however to the extent permitted by applicable law, we don’t warrant that our content, service or product information, descriptions, packaging, ingredients are reliable, current, accurate, complete or indeed error-free.

 

ELIGIBILITY, ACCOUNT, PASSWORDS, AND SECURITY

  1. To be able to make purchases through our Site and access certain areas, including using your Facebook or other social media login information, you will be requested to provide your personal details. In particular your real name, phone number and email address, and any other contact details as indicated.
  2. The information or personal details you give us shall be processed in accordance with 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 that occurs on that account and you may never use another person’s, account or registration information for the site without permission. You have the ability to delete your account at any time, as outlined in our Privacy Policy.
  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 authenticate your identity, your credit card details and validation of your card, in order 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 the age of 18 or 21, or as legislated by the relevant state or territory of residence, you may only place an order with the consent of your parent or guardian.

 

PRODUCT INFORMATION

  1. The Environmental Protective Authority or U.S Food and Drug Administration has not evaluated or regulated the statements made about the products, neither have they been evaluated by any other regulating body, and the results reported, if any, may not necessarily have the same results on all individuals.
  2. Using our Site or products is not supposed to serve as a substitute for professional medical advice. Please consult with your own physician regarding the use of any goods, products, and information received from the site before relying on them.
  3. The Naked Chemist Site 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 are intentionally provided on this site, any of the 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. Any medical conditions, concerns, and decisions should be treated by your medical practitioner.
  4. The content we provide is purely for educational purposes only, such as 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 accurately display colours of the products, the colours displayed on the Site will depend on your monitor or screen and may not necessarily be accurately rendered.
  6. We try to provide an accurate description of the products at all time; however, we cannot guarantee that all of the colours, descriptions, information, pricing, promotions or other content available on the site is always accurate. The Naked Chemist reserves the right to correct these inaccuracies and to change or update information or cancel orders or any other information on the Site that is inaccurate, without prior notice, this will include after you have submitted an order.
  7. In the event that the product you is defective or incorrect, please read the Returns and Exchange policy

 

ORDER AND BOOKING ACCEPTANCE

  1. No contract in respect of purchasing any 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 in the event that we are unable to obtain payment authorisation, or;
    • if the product is out of stock or the services are unavailable, or that you don’t meet the eligibility as laid out in the Terms and Conditions. Should funds have already been deducted they will be fully refunded
  3. Dispatch of these items will be confirmed in a shipping confirmation. These Terms and Conditions, Guidelines, and our Privacy Policy all form part of the contract.
  4. Any errors or omissions in any invoice, acceptance, or other information on our part shall be subject to correction without liability on our part.

 

INTENDED USE

  1. Placing an order with the Naked Chemist you agree to use the services or products only for their express intended use, this must be used strictly in accordance with their guidelines and 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 that relates to the products presented by the Naked Chemist on the Site are only intended to be used for personal, educational, or informational purposes.
  2. It is your sole responsibility to check the ingredients before use to avoid potential allergic reactions.

 

PRICING POLICY

  1. The prices visible on the site are in New Zealand (NZD) and are inclusive of 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. Prices on products and shipping are subject to change effective immediately upon posting to the site. Whilst we make every effort to correctly display prices, occasionally errors may occur. If there is an error in the price shown for an item on the Site we will inform you of this as soon as possible and given the option to confirm your product(s) at the correct rate. If we are unable to contact you, your order may be canceled and the amount paid by you will be refunded fully.

 

GOVERNING LAW

  1. All of the information and material on this Site and social media sites is the exclusive property of the Naked Chemist and has been prepared in accordance with New Zealand law. This Site 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 in accordance with the law of New Zealand and dealt with exclusively by New Zealand Courts. You agree that any legal action will only be commenced through the courts of New Zealand and 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 site, including without limitation, the software, text, button icons, video and audio clips, headers, pages, graphics, artwork, images, logos, trademarks collectively referred to as the ‘content” is owned by Naked Chemist LTD (or the relevant content supplier). These intellectual property rights are protected by New Zealand and international laws, including laws governing copyright and trademarks.

 

SITE CONTENT USE

  1. The Naked Chemist provides the Sites interactive services and all other and services on the Site 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, statement, or content provided by its users in any public forums on the Site or any Social Sites. Any content if displayed is purely for entertainment and informational purposes.
  2. Any content that is posted on the website or social media sites, is not controlled by the Naked Chemist, you represent and warrant that you own all right, 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 only as expressly authorised by the Naked Chemist, its third-party licensors are subject to the copyright act 1968 (Cth) and other related legislation. Unauthorised use of the content trademarks or services may result in the violation of 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 for any type of 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 in hard copy only, portions of the Site 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 Site that may disrupt it, and you may not attempt to gain access to the Site or any networks or systems of the Site 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 Site or any activity conducted on the Site, neither will you attempt to decipher, reverse, decompile, or interfere with the soft wear, forge headers in any way, or manipulate identifiers in order 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 Site in any way whatsoever.

 

CONTENT SUBMISSIONS

  1. You are solely responsible for the content that you upload, email, post or transmit through our Site and social media sites. This includes the submission of product rating and reviews, profile information, documents, texts, software, photographs, music, graphics, videos, forum postings, comments, answers, questions (collectively referred to as the content).
  2. With respect to 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;
  • Our website is allowed to pull content from those who share any photographs or videos on Instagram using the brand’s hashtags. You agree that that the photos can be used in the Naked Chemists Site, emails, and retail space. In association with the photos for identification and promotional purposes, you hereby grant the Naked Chemist, to use and authorise your name and/or 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 respect to all Terms and Conditions, Guidelines and Policies on the Site;
  • Does not include any information that would reference other websites, their address, email address, 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 function 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, libelous, 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, publically display and perform, reproduce, distribute, and use, create derivative works, from and/or sell and/or distribute your name and User Content and photographs provided with your content as we see fit, for any purpose, commercial or otherwise, without your acknowledgment 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 Site.
  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

We welcome feedback and comments regarding the products you have bought and love.

  1. You must not use our interactive service to add a false e-mail address, pretend to be someone other than yourself or mislead the third part or us as to 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 are and shall be under no obligation, to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
  3. Your comments will not contain libelous, abusive, or obscene material or contain any computer viruses or malware that could affect the operation of the website.
  4. You agree that the Naked Chemist may in its sole discretion and without notice remove, withdraw or discard any reviews, feedback comments content for any reason, including without limitation any comments will not violate any right of the third party, including copyright, privacy or trademark. Some reviews may be flagged and moved by the moderation team after previously appearing on the site if it violates the guidelines it may be removed:
  • Third-party URL and personal information;
  • References to other products, ‘spam’ content, offers or websites, 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;

If you wish to share feedback with us directly or have customer service issues contact us here.

 

THIRD-PARTY

  1. The trademarks, service marks, and logos of Naked Chemist used in relation to the services are registered and unregistered trademarks of the Naked Chemist. Other products or companies used on the Site or used in connection with the services we provide, may be trademarks owned by third parties. There is no license or right to use any trademark displayed on the Site or otherwise used in connection with the services that we provide, without first having prior written consent.
  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 provide us with access to information that you have provided and we will use, store, and disclose such information in accordance with our privacy policy. The way in which these services use, store, and disclose your information is governed solely by their individual policies.
  3. The Naked Chemist does not guarantee, endorse, or adopt the accuracy or completeness of third-party content or websites. We take no responsibility or liability, for the privacy practices or actions of any other service 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.
  4. A person or entity who is not a party to these Terms and Conditions will have no right under the New Zealand Contracts (Privity) Act or any other legislation in any jurisdiction, to enforce any of these Terms and Conditions.

 

LINKS

  1. For the convenience of the users on the Naked Chemist Site, 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 for any potential damage that may occur as a result of using such links. Any links between the Site and any other internet website is 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. You should make your own reasonable inquiries regarding the content of these sites. Reference to any product, service manufacturer, supplier or otherwise does not constitute or imply sponsorship, endorsement or recommendation thereof from the Naked Chemist
  2. We may participate in affiliate marketing and allow affiliate e links to be encoded on some of our posts. Therefore, we may earn a commission if/when you click on or make a purchase via one of these affiliate links.

OFFERS

  1. All terms of an offer must be met. Offers are limited only whilst stocks last. All offers are valid only for the periods specified and will be finished on the end date unless otherwise stated in the offer terms. The Naked Chemist reserves the right to vary, cancel terminate or withdraw offers for any reason at any time.

 

CONTACT

  1. If you have any questions regarding these Terms and Conditions, please contact us.

 

PRIVACY POLICY

  1. Please refer to our privacy policy for information on how we use, disclose, collect, and process information about you.

SHIPPING

  1. This is covered in our shipping Terms and Conditions policy

 

DISCLAIMER AND LIMITATION OF LIABILITY

The Naked Chemist without limitation does not make any representation or warranty of the Site:

  • regarding the functional aspects of the Site. And;
  • regarding the accuracy, commercial value, timeliness or completeness of all the data/information, materials, content or products, included on the Site 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 out of your improper use of any goods, services, or products offered or purchased through the Site, including any that do not comply with product instructions or that is deemed unreasonable or unexpected.
  3. Notwithstanding anything laid out in these Terms and Conditions, including the New Zealand Sale of Goods Act, may imply warranties conditions or 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 of an acceptable standard 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 Site or Interactive Sites, or any kind of 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, and in no event shall our maximum aggregate liability exceed $100 NZ dollars.

 

INDEMNITY

  1. 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, expense (including any legal costs) suffered or incurred by us, arising from, or which is related to :
  • your breach or non-compliance of 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 limitations any property, copyright or privacy right);
  • or any claim that the content you submitted caused harm to a third party

 

REPRESENTATION AND WARRANTIES

  1. Whilst Naked Chemist LTD makes every effort to provide correct information through our website, content, services, and social media services, the 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 site will operate error-free including without limitations, accuracy, reliability, 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. We should therefore be entitled to our rights and seek remedies in any of their situation where they are breached.

 

FORCE MAJEURE

  1. The Naked Chemist shall not be responsible for any delay, suspension, or failure arising out of any circumstances outside of our reasonable control, including but. Not limited to:
  • any forms of protest including strike or labour problems;
  • explosions, fire, epidemic, earthquake 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 performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, hardware, or communication network.
  1. During the period in which a FORCE Majeure Event remains in effect, it shall be understood that our obligations deriving from contracts will be suspended during this period. 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 Site suspend, block, terminate or restrict your use of the Site or it’s interactive Services at any time, or any part of the site when required, on either a temporary or permanent basis.

 

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

 

ENTIRE AGREEMENT

These terms and Conditions and the Privacy Policy, read with the contract, constitutes the full agreement between you and the Naked Chemist and extinguishes and supersedes any other agreements, representations, warranties, promise and undertakings between you and the Naked Chemist, relating to this subject whether that be oral or in writing.