Terms of service

 

Terms of Use

 

Thank you for visiting our website.  Please read the following Terms of Use (Terms) carefully.  Our Terms should be read in conjunction with our Privacy Policy and Returns, Exchanges and Refunds Policy.

 

  1. Accessing and Using this Website

 

By accessing or using the THE NAKED SOAP COMPANY  ABN: 66 794 280 231 (we, us, our, its) website at: https://www.thenakedsoapcompany.com.au you acknowledge that you have read, understood and agree to be bound, and abide, by our Terms which we may change from time to time at our discretion and without notice.  Each time you place an order with us, you accept and agree to our Terms as governing the supply of products ordered from us.

 

Please note that this website is hosted by Shopify at: https://the-naked-soap-company-adelaide.myshopify.com) which uses its own Cookies on our storefront which Shopify publicly list under the heading Merchant Storefronts found on its Cookie Policy Page.

 

Our Terms, Privacy Policy, any other policies on this website including our Returns, Exchanges and Refunds Policy and any applicable laws or regulations govern your use of, and access to, this website, social media channels and the products and services that we provide regardless of your means of access.

 

 

  1. Privacy

 

Your submission of your personal information via this website or by any other means is governed by our Privacy Policy which provides information on how we collect, hold, use and disclose your personal information.

 

 

  1. Content

 

This website contains general information about our goal and is provided to assist you with gathering information about our natural homemade handcrafted eco-friendly skincare products, the availability of our products, placing orders, transacting with us, our Australia wide stockists and is provided for information purposes only and should not be regarded as legal or medical advice.

 

Although we aim to ensure the content on this website is up-to-date, there may be delays, errors or omissions which could affect its currency or accuracy.

 

 

  1. Our Products

 

We offer a range of natural skincare products that are eco-friendly and free from plastic.  We produce skincare packaged with recyclable or compostable materials and where possible completely free from packaging and 'Naked'.

 

 

  1. Prices

 

Prices are inclusive of GST and are displayed in Australian Dollars (AUD) on this website.

 

Prices are subject to change, effective immediately upon posting to this website or other form of notification.

 

 

  1. Orders

 

All purchase orders placed through this website are subject to our acceptance.  We may refuse to accept or may cancel any purchase, whether or not the purchase has been confirmed, for any or without any reason, and without liability to you.  If your credit card has already been charged for an order that is later cancelled, we will issue you with a refund.

  1. Intended use

 

All orders placed by customers through this website are received by Shopify which notifies us in a “pop up” notification.

 

By placing an order with us, you agree to use our products only for their intended purpose.  If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.

 

 

  1. Out of Stock

If one or more of our products is out of stock, we will display the words  on the applicable products on this website until such time as we have new stocks after which this website will be updated.

 

 

  1. Returns, Exchanges and Refunds Policy

 

Please refer to our Returns, Exchanges and Refunds Policy.

 

 

  1. Shipping

 

We charge a $10 flat rate for shipping of all orders. Express shipping is an option for $15. 

Transit time is an estimation based on Australia Post transit information and is an estimation only. Transit time does not include processing time, which is additional to transit time.

All products ordered are packed in eco-friendly packaging and sent to our customers by Australia Post.

 

 

  1. Your Shipping Address

 

You agree to provide current, complete and accurate purchase and account information for all purchases including your name, phone number, email address, shipping address, credit card details and expiration date and any other relevant information so that we can complete your order or contact you if necessary.

 

You agree to promptly notify us of any changes to your purchase and account information or any other relevant information necessary to complete your order.

 

 

  1. Third Party Links

 

This website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control.  Those links are provided for your convenience only and we are not responsible for their use, effect or content.

 

By accessing third party sites, you agree to any terms of access or use imposed by those sites.  We do not endorse any material on third party sites and we do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.

 

 

  1. Posting Comments

 

This website may enable you to post comments (for example, on blogs, forums or other public areas).  You are responsible for all comments that you post.  You must not post any comment that:

 

  • could be deemed as “trolling”;

 

  • is xenophobic, racist, abusive, harassment or hateful;

 

  • is false, defamatory, inaccurate, threatening, invasive of a person’s privacy or constitutes personal abuse directed at other users;

 

  • is obscene, sexually explicit or pornographic or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;

 

  • constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);

 

  • infringes someone else’s copyright or other intellectual property rights; or

 

  • violates any applicable law.

 

 

  1. Intellectual Property Rights

 

Unless otherwise indicated, we own the copyright and other intellectual property rights in this website and its content and you must not to infringe those rights.  While you may browse or print the content of this website for your non-commercial, personal or internal business use, you agree not to use, copy, reproduce or exploit any part of this website or its content for any other purpose without our prior written consent.

 

We own the Trade Mark for THE NAKED SOAP COMPANY and all associated intellectual property rights.

 

 

  1. Liability

 

You acknowledge and agree that to the extent permitted by law, and subject to clause 16 below, we make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of this website.  We will not be responsible, or liable, for your use of this website if this website (or any content made available through it) is incomplete, corrupted, inaccurate, out of date or incorrect, or if this website or any services provided or made available through it, are unavailable for any reason including directly or indirectly as a result of:

 

  • telecommunications unavailability, interruption, delay, failure or fault;

 

  • negligent, malicious or wilful acts or omissions caused by third parties (including our third party service providers);

 

  • maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this website;

 

  • any events beyond our control; or

 

  • any services provided by third parties ceasing or becoming unavailable.

 

 

  1. Consumer Guarantees

 

In the unlikely event that you receive products from us which do not comply with the Australian Consumer Law guarantees (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the Sale of Goods Act 1895 SA, we will provide you with a refund or exchange based on the following:

 

  • if we consider that the product has a major failure, for example, the product is unsafe, does not fit the description or is not fit for purpose, you can return it and receive your choice of a refund or an exchange; or

 

  • if we consider that the product has a minor failure, for example, the product's packaging is cracked but does not affect the safety or use of the product, we will provide you with our choice of a refund or exchange.

 

Where a product is damaged through misuse, accident or abnormal use, the Australian Consumer Law, Sale of Goods Act 1895 SA or any manufacturer’s warranty will not apply and we may choose not to provide you with a refund or exchange.

 

 

 

 

  1. Limitation of Liability

 

Subject to clause 16 above, and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the content of this website or any services provided or made available through this website.

 

 

  1. Warranties

 

To the extent permitted by law, we exclude all warranties (express or implied) in connection with this website, content or products available for purchase including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 

You acknowledge and agree that your use of this website and content is at your own risk and that you will be solely responsible for any loss you suffer as a result of using this website or content including any damage to your mobile device, computer system or other device on which you access this website, or any loss of data or other resultant harm of any kind.

 

 

  1. Indemnity

 

You acknowledge and agree, that to the extent permitted by law, and subject to clause 16 above, to indemnify us and our officers, directors, employees, agents, licensors and contractors from and against all claims, losses, liabilities, expenses, damages and costs, including legal expenses, incurred in connection with your use of this website, or any products purchased on this website, or any violation of these Terms including our intellectual property rights, or any applicable law or regulation.

 

 

  1. Severability

 

If any provision in these Terms is held to be invalid or unenforceable, that provision must be read down to the extent necessary to be enforceable.  If it cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of these Terms.

 

 

  1. Waiver

 

Any failure by us to enforce any provision in these Terms will not be considered a waiver of our right to enforce such provision.

 

 

  1. Assignment

 

We reserve the right to assign any of our rights and duties under these Terms to any party at any time without notice to you.

 

 

  1. Governing Law

 

These Terms shall be governed and construed in accordance with the laws and regulatory requirements of the State of South Australia and the Parties agree to submit to the exclusive jurisdiction of the courts in that State and the courts of appeal from them.

 

 

  1. Contact us

 

After reviewing these Terms or at any other time, you can contact us if you:

 

  • have any questions;

 

  • would like additional information about our Privacy Policy or any other Policies; or
  • would like to make a complaint;

 

by sending us:

 

 

 

  • mail to:

 

              The Naked Soap Company

              C/- Truro Post Office

Truro  SA  5356

Australia

 

Please be assured that we will treat any questions, requests or complaints received from you as confidential.

 

 

  1. Updates to these Terms of Use

 

These Terms are effective from December 2022 and will be reviewed from time to time to take into account new laws, technology, changes to our business or operations or the changing business environment.

 

 

 

These Terms of Use were last updated:  December 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© Copyright 2022 The Naked Soap Company.  All Rights Reserved.