TERMS & CONDITIONS
Introduction - Terms & Conditions
This website (“Our Website”) is owned and operated by Marigolds Cleaning & Gardening Services Ltd, a company established in England and Wales with Company registration 08255537, with registered office address at 6 Alfred Street, Rushden, Northamptonshire, NN10 9YS; trading as “Bare Planet”.
‘Bare Planet’ or ‘us’ or ‘we’ means Bare Planet. ‘You’ means the person whose order is accepted by Bare Planet. The ‘Recipient’ means the person who receives the purchase bought through Our Website.
If you want to ask us anything about these Terms and Conditions or have any comments on or about Our Website, please email our Customer Service team via the help section and ‘Contact Us’ link which appears on the bottom of this website.
Our Contract with You
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, 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.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
Price and Products
We purchase our products directly from authorised distributors, providing you with an extra guarantee of quality and assurance. Due to the nature of the products we stock, many of which are completely free from artificial preservatives, we are only able to guarantee a minimum shelf life of 6 months from purchase.
We take care to ensure prices, product information and the content of Our Website (including product descriptions, brand information, colour charts, photographs and ingredients), are displayed on Our Website as provided by the manufacturer or brand authorised agent, are for illustrative purposes only and are accurate at the time of publishing. We cannot accept responsibility for any omissions or errors in this information. Independent tests have not been performed to verify the accuracy of product claims or ingredient inclusions or omissions.
All prices are shown in Pounds Sterling and exclude post and package charges. Prices may change over time. All prices are displayed including VAT and exclusive of delivery charges.
We will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on Our Website. In the event of an error or other content related issue, we reserve the right to correct such error without notification. We also reserve the right to cancel any order that may have been made with such error.
Our Rights to Make Changes
We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
Vouchers and Coupon Codes
Only one coupon code is allowed per order and it must be entered correctly in the “Coupon Code” box at the checkout page. When entered correctly, the coupon code/gift voucher or discount code will show in your basket. A coupon code/gift voucher or discount code cannot be provided if it has not been entered at the checkout section or after the order has been confirmed.
When a coupon code requires a minimum spend, the minimum spend excludes delivery fees & VAT. Samples and trial sized products will also be excluded from the minimum spend. When returning items from your order, if a discount code has been used, your order no longer qualifies, thus the value will be deducted from your refund; if you used a free gift coupon and your order no longer qualifies, the free gift must be returned or it’s value will be deducted from the refund. When a coupon code provides a free gift, the free gift is not eligible for exchange or refund.
Codes cannot be used in conjunction with any other offers. Codes are valid for a specific period of time and may be limited to certain product categories or brands. Unless otherwise stated, all discount codes are subject to the following exclusions: Samples, trial size products, Bare Planet Gift Vouchers, Faith in Nature products & Eco Kid. Discount codes exclude all sale items.
Orders & Dispatch Confirmation
Once you place an order with us, we will send you an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it and we are processing it. We may refuse to accept a transaction for any reason to anyone at any time at our sole discretion without any liability.
Acceptance of your order and completion of the contract between us will happen when we email you a Dispatch Confirmation stating the products have been dispatched. The sale contract is therefore concluded in England and the language of the contract is English.
Orders are usually processed as soon as they are received. Orders are dispatched on Mondays through to Fridays except on Bank Holidays. Orders received on Bank Holidays or a non-working day, will be processed on the next working day. Orders are usually dispatched with 24 hours but may take up to 3 working days to be delivered. This may vary in rural areas and take an extra day or two.
Once an order has been placed, our immediate processing means we are not able to stop it being dispatched, even if you have not received your Dispatch Confirmation or you email us to cancel your order immediately after placing it. We will be happy to assist you return your order once you have received it. Please see the sections on Changes, Cancellations and Returns.
If an item is out of stock or cannot be delivered for whatever reason, we will contact you immediately. When multiple orders are made within a short time frame (usually 24 – 48 hours), they will be consolidated and delivered as a single delivery. If the order comprises of multiple products, some of the products may be dispatched under a separate cover. If this happens you will be notified via email.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes.
(b) update the product to reflect changes in relevant laws and regulatory requirements.
(c) make changes to the product as requested by you or notified by us to you.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product after you end the contract.
You can pay for your purchases by credit/debit card. Select the appropriate payment method when placing your order. We accept payment by Visa, Mastercard, EuroCard, American Express. Please ensure that the details you enter are correct. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Bare Planet, we will not be liable for any delay or non-delivery of products.
We retain the legal ownership of all products until full payment has been made by you and received by us. Legal ownership of the products will immediately transfer back to us if we refund any payment for the products to you. Risk of the product transfers to you and the product becomes your responsibility upon delivery to the address you gave us.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments at ‘Contact Us’.
Limitation of Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
The material displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy. We make no representations or warranties in connection with Our Website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable.
We are not responsible for any direct or indirect loss or damage incurred by a customer due to delayed or lack of delivery of goods regardless of the method of delivery. Your statutory rights are not affected.
We shall not be held liable for any damages, injury or illness caused by the misuse of any product. It is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. We shall not be held responsible for any damages, injury or illness that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
It is foreseeable that everyone could have an adverse reaction to a skincare product at any time. It is your responsibility to patch test any product prior to use. We especially do not recommend starting a new skincare regime inside 4 weeks of a special occasion such as a wedding or prom, where your enjoyment of the occasion might be affected by a reaction to a product. If you have patch tested and feel that you have had a reaction to the product, please notify us in writing immediately. You must make contact with us within 48 hours and include photographs of the reaction and provide comprehensive detail.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.
Privacy & Cookies
Bare Planet is committed to protecting your privacy and personal information. We follow strict security procedures in the storage and disclosure of the information that you provide. For further details please see our our “Privacy and Cookies Policy” on our Website.
Bare Planet on-line ordering service is fully secure. Our payment systems provider uses the very latest industry standard Secure Sockets Layer (SSL) encryption technology to allow for the encryption of potentially sensitive information and to ensure absolute safety.
All credit card transactions processed from this site use 128 bit encryption to create a safe and secure shopping experience for you. Once you get to the payment stage, you will enter a secure area and your credit card details are handled by the highest security standards available. If you have any questions/comments regarding privacy or security, please do not hesitate to “contact us“.
The trade marks, logos and service marks (‘intellectual property’) displayed on our website are the registered and unregistered marks of Bare Plane, our affiliates, our licencors and/or our and are protected by UK and international trade mark laws. Except in connection with placing an order for products or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
Nothing contained in these Terms and Conditions of Sale affects or will affect the statutory rights of the Customer or the Recipient in relation to the quality, fitness or description of the goods supplied.
Changes to Legal Notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
Damaged or Wrong Items
We are under a legal duty to supply products that are in conformity with this contract. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06. In summary, your key legal rights are to receive the product as described and match information we provided to you; be of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.
We recommend that you inspect your entire order upon delivery. If an item arrives damaged or in error, please, contact our customer service team as soon as possible via our ‘Contact Us’ form. Damages, defects, missing items or any errors not reported within 7 working days of receipt will not be accepted for return. We will make arrangements for a replacement to be delivered to you free of charge.
You will be asked to return the damaged or wrong item in its original packaging if possible. We will pay the costs of return of faulty or wrong items.
Your statutory rights are not affected.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order for a full refund within 14 working days from the date of receipt of the goods if you send your notice of cancellation in writing and return the goods to Bare Planet in their original, unopened and unused condition and the product is in a perfect re-saleable condition. If you have just changed your mind about the product your refund may be subject to deductions. You are responsible for the products until we have received them and can confirm they are in a perfect and re-saleable condition. We cannot accept liability for goods lost or damaged in transit and recommend that you use a tracked and signed for delivery service. You will be liable to pay the cost of returning the products.
You do not have a right to change your mind in respect of:
(a) products which are closed/sealed for hygiene purposes, once these have been opened/unsealed after you receive them i.e make-up, eyeliners, lip glosses, deodorants, wash bags,toiletries etc;
(b) products that are purchased as part of a set. These can only be returned as a complete set, not as individual items;
(c) products given as a gift can only be returned by the original purchaser;
(d) Sales items or samples cannot be returned; or
(e) Special Offers.
Please note that credit card charges and gift wrapping services are not refunded.
If you used a discount voucher and your order no longer qualifies, the voucher value will be deducted from your refund. If you received a free gift and your order no longer qualifies, the free gift must be returned or its value will be deducted from your refund.
We reserve the right to monitor customer cancellations or returns, and charge administration fees, payment processing fees and refuse returns if a customer is repeatedly found to be buying and returning goods. Each return is assessed on an individual basis taking the customer history into consideration.
WITHOUT EXCEPTION WE WILL NOT ACCEPT RETURNS ON OPENED OR USED ITEMS
To cancel your order, please, inform us by letter to: Notice of Cancellation, Customer Care, Bare Planet, Bare Planet, 35 Westgate, Grantham, Lincolnshire, NG31 6LY United Kingdom or contact our customer service team via our ‘Contact Us’ form, quoting your full name and order number. You can cancel your order online at any point up to the completion of the secure payment section at the checkout. Beyond this point, we can NOT guarantee we will be able to stop your order being dispatched even if you email immediately after placing your order. If your order has already been processed when we receive your Notice of Cancellation, you will need to return your order following our Returns process.
Your statutory rights are not affected.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.