Welcome to BARETHREADS FASHIONS and thank you for visiting our website! Please take some time to read through the terms and conditions (the "T&Cs") as they govern the use of our website. By using our Site, users agree to and fully accept the T&Cs. We reserve the right to modify these T&Cs at any time without prior notification. Site users should review this page periodically for updates and must agree upon and abide by any changes accordingly.
WHO WE ARE
We are BARETHREADS FASHIONS, an accessories label based in Australia and South Africa.
ACCESSING AND USING THE SITE
As a condition of your access to and/or use of the Site, you warrant that all information supplied by you on the Site is accurate, current and complete; you are 18 years of age or older in order to access and/or use the Site; and you will not copy or distribute any part of the Site in any medium without our prior written authorization.You shall be solely responsible for your access to and/or use of the Site and its materials herein. Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
You agree and undertake not to use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws; impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
WARRANTIES AND LIABILITY
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk. Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us; improper remedy of defective products, alteration of the products, unsuitable or improper use, willful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party; third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment. You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and we does not retain or process any such payment information. We cannot guarantee the security of such third party payment system(s) or any payment data on the Site, we are not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
LINKS TO THIRD PARTY SITES
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us including third party payment system providers. You acknowledge and agree that we are not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve us from any and all liability arising from your access and use of any third party websites. We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.
ORDERS & PAYMENTS
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you. We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email together with an assigned order number is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs. If we are unable to process your order, we will inform you of this. This might arise because the product is out of stock; because of unexpected limits on our resources for which we could not reasonably plan; because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the product; or because we are unable to meet a delivery deadline you have specified. The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Site. All payments will be processed in Australian Dollars. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. In the event that any Product has been mispriced on the Site, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
We do our best to be as accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Minor variations in measurement (within 1 inch) are not considered a defect. Our jewelry is costume jewelry, which means they will experience oxidation and tarnish due to several factors such as coming into contact with moisture, air and chemicals. Oxidation of our jewelry is inevitable over time and this is a natural occurring process that cannot be considered as a fault in our jewelry.
RETURNS, EXCHANGES AND REFUNDS
All sales are final. However, refunds or exchanges may be considered in certain circumstances. Please see RETURNS.
Returns must be unused, unaltered, undamaged, accompanied with their original packaging and reach us within 21 days from the date of receiving your parcel. Returns that are received in unsatisfactory conditions or lost in the mailing process will be denied and held responsible by the customer. If you return an item that does not meet the requirements set out above, we reserve the right to reject the return and any request for a refund.
The cost of shipping and the estimated delivery time of your order will be displayed to you on our Site at the point of checkout. In the case of any delay in processing your order, we will notify you accordingly and the items will be dispatched once available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
RESPONSIBILITY FOR THE PRODUCT
The product will be your responsibility from the time we deliver the product to the address you specified. You own the Product which is the subject of your order once we have received payment in full for your order.
TERMINATION OF ORDER
We may terminate your order at any time by writing to you if:
You do not make payment to us when it is due;
You do not, within a reasonable time of us asking for it, provide us with information necessary for us to ship the product to you (e.g. delivery address);
You do not, within a reasonable time, allow us to deliver the product to you.
If we terminate your order in the situations set out above, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the nett costs we will incur as a result of your breaking the contract.
Neither these T&Cs nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and BARETHREADS FASHIONS.