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). 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, 'us', 'we' and 'our' means The Beauty Chef Pty Limited.

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.

We may disclose your information to third parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.

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.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer 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.

4. PAYMENT

Payments may be made by credit/debit card or via a payment gateway, such as PayPal or AfterPay. 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 Australia generally take 3 to 5 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

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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 (info@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 info@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.

NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE STATUTORY GUARANTEES AND OTHER LEGAL RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND OTHER LAWS.  ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

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. 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.
Not valid with any other offer.

7c. 30 Days to GLOW Challenge 2019 Competition
* Terms & Conditions: 30 Days to GLOW Challenge 2019 Competition. The Contest begins on 13th August 2019 at 9:00am AEST and ends on 10th October 2019 at 11:59pm AEST (Promotion Period). The contest is open to individuals who are aged 18 years and older. Employees, immediate family members of employees, employees of any company associated with the Promotion are ineligible to enter. To enter, eligible entrants must enter their name, email and before and after images via the submission form (https://thebeautychef.com/pages/glow-challenge-competition) during the promotion period. The random prize draw will take place at 10:00am on 11th October, 2019 at Suite 11, 402 New South Head Road, Double Bay, NSW 2028. The winner/s will receive a 6-month supply of GLOW Inner Beauty Essential valued at AUD $390. The winner will be notified by email within two (2) business days of the draw and must submit their postal address to The Beauty Chef to claim their prize. The prize/s will be sent to one nominated address only. The winner/s may have their details published on The Beauty Chef’s Facebook and/or Instagram account. *Bonus Loyalty Points: The 300 Inner Beauty Points will be rewarded to your account once you have signed up within 72 hours. 


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 licence 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.

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.

11. WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, including the Australian Consumer 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.

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 (unless the product has been entered on the Australian Registrar of Therapeutic Goods).

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.

12. LIABILITY

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.

13. JURISDICTION AND GOVERNING LAW 

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

14. REFER-A-FRIEND PROGRAM

As a Refer-a-Friend member (a “Referrer”), you are subject to The Beauty Chef’s Terms of Use and The Beauty Chef’s Privacy Policy, as well as the following additional Terms & Conditions for The Beauty Chef’s Refer-a-Friend program:

When you refer a friend via the tab, widget or page on our website, you and your friend have the opportunity to earn $15 off your Beauty Chef order.

In order to receive this, the referred friend must sign up (enter their name and email) using the form which can be accessed via the referral email they will receive after you refer them. Once the subscription is confirmed they will receive an email with their unique $15 code to use on their first order of $50+.

Once the referred friend makes a purchase of $50+ and uses their discount code, you will receive an email with your $15 discount code to use for your next purchase online at thebeautychef.com. Your friend must be a new customer to qualify you for $15 off (excluding shipping costs).

For every new friend you refer that makes a purchase, you will receive $15 to spend on your next purchase.

Refer a Friend discounts are not valid with any other promotion or sale. 

By participating in our 'Refer-a-friend' program either by way of 'Referrer' or 'Referred Customer', you also agree to join The Beauty Chef newsletter and stay up to date with regular inspiration and special offers. You can update your preferences at any time.

For full 'Refer-a-Friend' Terms & Conditions, click here.

15. DISCLAIMER 

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 (unless the product has been entered on the Australian Registrar of Therapeutic Goods).

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.

16. INNER BEAUTY CIRCLE TERMS & CONDITIONS

The Inner Beauty Circle (also referred to as “The Beauty Chef’s Loyalty Program”) is a customer rewards program (“Program”) managed and conducted by The Beauty Chef Pty Limited (ABN 16 156 222 043) (“The Beauty Chef” “we” or“our”) for the benefit of its customers (“Customer” or “you”). Opting in to the Program is automatic upon: the creation of a Customer account by providing personal information for The Beauty Chef database (“Client file”) online via the program widget or account registration page on thebeautychef.com.

By opting in to the Inner Beauty Circle you agree to the Terms and Conditions of the Inner Beauty Circle Program set out here in and our Privacy Policy. Please read these Terms and Conditions and Privacy Policy carefully before you use and/or opt in to the Program. Refer to our Privacy Policy at https://thebeautychef.com/pages/privacy-policy for more details regarding the use of your personal information and opt out procedures.

PARTICIPATION AND MEMBERSHIP

Participation in the Program is only open to all Beauty Chef customers that have access to our online store. If you are under the age of 18 years, you must have parental/guardian approval to opt in to the Program, and further your parent/guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by these Terms and Conditions please contact The Beauty Chef at info@thebeautychef.com to request removal from the Program.

CALCULATION OF INNER BEAUTY POINTS

Purchases on our online store will earn you points provided you use the email address associated with your Inner Beauty Circle account, and are logged in to your account at the time of purchase. Inner Beauty Circle excludes returns, refunds, delivery charges, and the purchase of gift cards. Your Inner Beauty Circle points will be calculated and accumulated over a rolling 12 month period, from your last earning activity, and your point balance is accessible in real time. The Beauty Chef reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out in this document. Points earned as part of this loyalty program are not redeemable as cash or monetary value, unless otherwise stated as a way of spending as part of the Program.

INNER BEAUTY CIRCLE TIERS:

As part of the Program, you will unlock Inner Beauty Circle tiers by purchasing goods on our online store and/or performing certain ‘point-earning’ actions:

SEED – To reach SEED tier, you need 0 –1249 Inner Beauty Points.

HARVEST – To reach HARVEST tier, you need 1250 – 2999 Inner Beauty Points.

GLOW – To reach GLOW tier, you need 3000+ Inner Beauty Points.

Inner Beauty Circle points expire and are removed from your balance 12 months after the earn activity date. Your Inner Beauty Points balance may go up or down on a daily basis as credits are earned or expired. Inner Beauty Circle members will unlock the next tier as soon as they have earned enough Inner Beauty points in the preceding 12 month period. Eligibility to upgrade is reviewed every day.

Any transactions that occur in one of The Beauty Chef’s’s retail partner stores will not count toward the Inner Beauty Circle Loyalty Program. Orders placed on www.thebeautychef.com can take up to 36 hours to reflect in a customer’s Inner Beauty Circle Dashboard.

To the extent that an Inner Beauty Circle has been achieved by you in connection with a breach of these Terms and Conditions or otherwise incorrectly allocated to you, including as a result of an error on the part of The Beauty Chef, we may adjust your Inner Beauty Circle tier to the extent necessary to address the breach or error (as the context permits).When a Customer obtains a refund or reimbursement for goods purchased from The Beauty ChefThe Beauty Chef, an adjustment is also made to the Inner Beauty Circle account in the amount of the reimbursement granted.

TRANSFERS AND CLIENT FILES

Any transactions by another customer at thebeautychef.com cannot be transferred to a different customer for someone else to obtain Inner Beauty Circle points.

There can be only one customer for each Inner Beauty Circle membership. Transactions from multiple Customer files cannot be joined into one Inner Beauty Circle spend amount. It is your responsibility to ensure that The Beauty Chef has only one Client file for you. If you suspect that you have more than one Client file, please contact our customer support team at info@thebeautychef.com

Any Inner Beauty Circle points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Inner Beauty Circle points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent, unless otherwise stated as a way of spending as part of the Program.

REWARDS/ PERKS

Any rewards, gifts, benefits or offers communicated as part of the Inner Beauty Circle Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only Inner Beauty Circle members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent, unless otherwise stated as a way of spending as part of the Program.

All Inner Beauty Circle gifts, benefits or offers are subject to availability.The Beauty Chef is not liable for any rewards, gifts, benefits or offers not being available for any reason.

If you have opted-out of receiving The Beauty Chef communications, you will not be eligible to receive any rewards or perks of the program.

The Beauty Chef reserves the right to change or withdraw the Inner Beauty Circle rewards and giveaways and these terms at any time without notice.

EXCLUSIVE CONTENT

Any exclusive content will be supplied to you via your email address entered at the time of sign up.

DOUBLE POINTS

During a double points earning promotion, double points are only awarded to customers who are a part of The Beauty Chef’s loyalty program and who purchase products through our online store during the promotion hours stated. Each double points earning promotion will have its own set of terms and conditions.

FLASH SALES

During a flash sale promotion period, sale offers are only available to customers who are part of the The Beauty Chef’s loyalty program and who are part of the ‘SEED’ tier or above. Each flash sale promotion will have its own set of terms and conditions.

COMPETITIONS

Each competition will have its own set of terms and conditions.

CHANGE OF DETAILS

You should advise The Beauty Chef of any change of name or email address by emailing info@thebeautychef.com. The Beauty Chef is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Inner Beauty Circle communications and rewards, gifts or benefits or the loss or downgrade of an Inner Beauty Circle tier. Changes to your details can be made by emailing info@thebeautychef.com.

SUSPENSION AND/ OR TERMINATION

The Beauty Chef may immediately suspend or terminate your participation in the Inner Beauty Circle Program without further notice if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to The Beauty Chef, the Inner Beauty Circle Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of The Beauty Chef; (d) have supplied or are attempting to supply false or misleading information to The Beauty Chef; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any The Beauty Chef awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any The Beauty Chef staff or any other Customers online; or (g) become bankrupt.

Where your right to participate in the Inner Beauty Circle Program is suspended or terminated, any benefits, rewards and rights and Inner Beauty Circle status you may have at that time under the Inner Beauty Circle Program shall thereby suspend or terminate (as the case may be).

The Customer’s participation in the Inner Beauty Circle Program may be terminated by either The Beauty Chef or the Customer by providing the other party with at least 30 days written notice.

WARRANTIES AND LIABILITY

All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether expressed or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Inner Beauty Circle Program (“Warranties”), are expressly excluded to the extent permitted by law.

Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Customer pursuant to any of the Acts, The Beauty Chef’s’ sole liability for breach of any such condition, warranty or other obligation is limited to:

1. in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
2. in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or
3. in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Inner Beauty Circle Program account.

To the extent permitted by law, The Beauty Chef will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:

1. any personal injury or death to the Customer or any third person;
2. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
3. the loss, theft or destruction of an Inner Beauty Circle k reward, gift, offer or benefit; or
4. any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift or benefit of The Inner Beauty Circle, arising out of, relating to or connected to the provision or use of the Inner Beauty Circle Program, any reward, gift, offer or benefit or any goods or services supplied by The Beauty Chef.


The Beauty Chef shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.

GENERAL INFORMATION

The Beauty Chef expressly reserves the right to change the Inner Beauty Circle program elements (including, but not limited to, the Inner Beauty Circle tiers, expiry dates or the way in which Inner Beauty Circle rewards, gifts, benefits or offers are earned and redeemed) or cease running Inner Beauty Circle at any time (without any liability to the Customer or any third party). The Beauty Chef will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the Inner Beauty Circle Program by providing The Beauty Chef with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.

A notice or communication shall be deemed to be given by The Beauty Chef to you if it is sent to your email address listed in your Client file or by otherwise posting it on our website or other social media channels.

Please visit our website for the latest version of these Terms and Conditions.

You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Inner Beauty Circle Program, your participation in the Inner Beauty Circle Program, Inner Beauty Circle rewards offered or any other transaction within, or arising out of, the Inner Beauty Circle Program.

If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

GOVERNING LAW

These Terms and Conditions, and your participation in the Inner Beauty Circle Loyalty Program, is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Inner Beauty Circle Program, you submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales.

Last Updated: [#] May 2019

 

 

 

 

 

 

 

 

 

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