This website www.executiveelitebeauty.com.au & www.thebignaturalcompany.com.au are owned and operated by The Big Natural Company (‘The Big Natural Company’ or ‘BNC’ or ‘us’ or ‘we’ or ‘TBNC’ or Big Natural Company). Registered office: ABN:
- ‘We’ or ‘Us’ or ‘BNC’ or ‘TBNC’ means The Big Natural Company.
- ‘You’ means the person whose order is accepted by The Big Natural Company.
- The ‘Recipient’ means the person who receives the purchase bought through www.thebignaturalcompany.com.au or www.executiveelitebeauty.com.au
By accessing, visiting and using the The Big Natural Company Site, including ordering Products through this Site, you agree to be bound by and comply with the following terms and conditions. TBNC may amend these terms and conditions and your continued use of this Site will be regarded as acceptance of these amendments. These terms and conditions are effective from 01 May 2017.
Customer Service & Contact
In order to provide you with exceptional customer service we are more than happy to assist with any questions, feedback and suggestions about our products and services. The best way to contact us is by email or through the ‘contact us’ page which appears at the bottom of this website and we aim to answer all enquiries within 48 hours of receipt.
1. Privacy, Information Security & Viruses
Any information you transmit to TBNC is sent at your own risk. Transmission of personal information and other data over the internet cannot be guaranteed as totally secure. TBNC will use its best endeavours to protect such information, but does not make any representation or warranty that information you transmit to us will remain secure.
TBNC will use its best endeavours to maintain the integrity of this Site, but does not make any representation or warranty that this Site is free from computer viruses, trojan horses, worms or other defects.
2. Prices, Products and Content
BNC takes utmost care to ensure prices and the content of this website, including product descriptions, photographs and ingredients are correct and accurate at the time of publishing. However to the extent permitted by applicable law BNC disclaims all express or implied warranties as to the accuracy of the information contained on this site (in any of the materials). BNC shall not be liable to any person for any loss or damage, which may arise from the use of any information contained in any of the materials on this site. The information contained on this website is provided for information purposes only and not intended to be medical or health advice nor should it be used as a substitute for any doctors or any other medical professionals advice.
Any order for the supply and delivery of Products (the “Ordered Products”) is an offer by you to purchase the Ordered Products for the displayed price (which is in Australian Dollar Currency inclusive of GST) plus the displayed delivery charge at the time of submitting your order. TBNC reserves the right to accept or reject any order for any reason and will only accept orders if there are no material errors in the description or price of the goods as seen on this website. If an error or content issue occurs BNC reserves the right to correct it without notification and to cancel any order that may have occurred. Each accepted order constitutes a separate contract between you and TBNC for the supply and delivery of the Ordered Products. If your order is rejected, TBNC will notify you within a reasonable time after you submit your order. TBNC also reserves the right to limit quantities after you have submitted your order. We may also require additional information or verification before accepting any order.
Product information such as (list not exhaustive) product descriptions, ingredients, colours, brand descriptions and photos are displayed on BNC as given to BNC by the manufacturer or brands authorised agent/employee. BNC shall not accept responsibility for any omission or error in the information. Please note: Independent tests haven’t occurred to verify the accuracy of product claims or ingredient inclusions or omissions.
BNC purchases all products directly from authorised distributors or the brand itself which provides you with a guarantee of quality and assurance.
Reasonable care has been taken to make sure that all product descriptions, sizes and colours are as accurate as possible at the time of publishing but we shall not accept responsibility for any omissions or errors in this information. Due to the variance in computer display the accuracy of colours and colour charts is not guaranteed.
All products are subject to availability and valid prices as stated on our site remain for as long as the goods are available/in stock or as stated otherwise on our site. We try to keep stock availability correct and up to date on BNC site however we will inform you as soon as possible if the goods you have ordered are not available and, if or when they will be available or in stock again.
3. Vouchers & Gift Cards
Only one Voucher Code/ Gift Card Code is permitted per order and it must be entered correctly in the Voucher Code box at the checkout page. When entered correctly the Voucher Code gift or discount will show in your basket. A Voucher Code, gift card or discount cannot be provided/redeemed on an order if it has not been entered at the checkout or after your order is confirmed.
When a Voucher Code requires a minimum spend the minimum spend excludes delivery fees, taxes, samples and trial sized products. If you return any items from an order where a discount code was used and your order no longer meets the minimum spend the value of the coupon will be deducted from your refund. If you qualified for and used a ‘free gift’ voucher and your order no longer qualifies the free gift must be returned with the returned goods or the value of the free gift will be deducted from your refund. Any free gift, by voucher or not, is not eligible for exchange or refund.
Codes are not permitted to be used in conjunction with any other offers and are valid until a specified date and may be limited to certain product categories or brands. Unless stated otherwise discount codes are excluded from the following: all Sale items, Samples, TBNC Sample Boxes/Subscription Boxes and TBNC Gift Vouchers.
You must pay the full amount for the supply and delivery of the Ordered Products (the “Ordered Products”) using PayPal, credit card, debit card or other online payment means indicated on this Site.
Please ensure the details you enter at the checkout are correct. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to TBNC, we will not be liable for any delay or non-delivery of merchandise. TBNC will notify you within a reasonable time period and shall cancel your order if we are not able to complete your payment for your order.
We retain legal ownership of all merchandise until you have made full payment and we receive that payment. Legal ownership of the merchandise will transfer back to us immediately if we refund any payment for the merchandise to you.
All risk in the Ordered Products passes to you upon delivery to your nominated delivery address. Title to the Ordered Products transfers to you following receipt by BNC of payment for the Ordered Products or the delivery of the Ordered Products to your nominated delivery address whichever is later.
5. Order & Despatch Confirmation
Once you successfully place an order with us you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation of receipt and that we are processing it. We retain the right, at our sole discretion, to refuse to accept a transaction for any reason to anyone at any time without any liability. If BNC cancels any or part of an order we will provide you with reasonable notice of cancellation and will not charge you for the cancelled order and refund you the full price that you paid for the cancelled order back to your online payment means or some other alternative means.
When the goods are despatched this indicates acceptance of your order and completion of the contract between us. Each accepted order is a separate contract between you and BNC for the supply and delivery of the Ordered Products. The contract of sale is therefore concluded in England and in the English language.
6. Delivery & Worldwide shipping
If your order is accepted, BNC will arrange for Australia Post or other courier delivery service provider to deliver the Ordered Products to the delivery address nominated on your order within a reasonable period of time, subject to the availability of all Ordered Products. It may be necessary to arrange more than one delivery for your order.
We will endeavour to deliver goods as soon as possible, however, delivery times quoted are estimates only and we shall not accept liability for delay in delivery for any cause.
TBNC provide worldwide shipping for our international customers. Worldwide shipping is calculated on receipt of your order and is dependant on various details such as: weight, size and delivery destination. Before your order is accepted and processed we will confirm delivery costs via email in English. No payment will be taken until we receive acceptance of delivery costs in writing via email. If you don’t accept delivery costs or if we do not receive an email response within 7 days your order will be cancelled. If you accept delivery costs then after your payment has been taken will will process the order and your order will be despatched.
7. Cancellation, Refunds and Returns
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel your order before it has been delivered or within 7 working days from the date you receive the goods by sending us an email (email@example.com) or calling us (on …) to tell us of the cancellation and concequently by returning the goods promptly to us at your expense in their unused, as new, saleable condition and in the original product packaging. To cancel, you must inform us via our Contact Us page providing us with your order number and proof of purchase. In the unlikely event that the goods you have purchase are damaged we may offer an exchange or refund as appropriate in accordance with your legal rights.
TBNC may cancel an order, or part of an order, which we have accepted at any time and without any liability to you if some or all of the Ordered Products are not available or if there is an error in the price, description or delivery charge displayed on this Site.
If TBNC cancels any order, or part of an order, we will give you reasonable notice of cancellation and not charge you for the cancelled order. If payment has been taken for the cancelled order, then we will refund the full price paid through your online payment means or some other alternative means.
We can’t always stop processed orders from being despatched even if you send us a notice of cancellation before you have received your goods. More information on how to return goods can be found on our Returns page.
8. Intellectual property
The trade and service marks and logos (‘intellectual property’) displayed on our site are the registered and unregistered marks of The Big Natural Company Ltd, our affiliates, partners, licensors and are protected under national or international trade mark laws. Apart from in association with placing an order or as required by law you are not permitted to access, duplicate, use, copy, reproduce, sell, resell, change or exploit the intellectual property of TBNC or our suppliers, licensors, partners or affiliates without gaining their/our written consent.
9. Your Obligations
9.1. warrant that all information provided through this Site is accurate, accurate and current;
9.2. are liable and responsible for any other person or third party who uses any of your personal information or account details in order to submit an order through this Site and agree that BNC can charge you for all ordered products using your personal information or payment method details;
9.3. must notify BNC as soon as possible on becoming aware of any unauthorised order, payment or security breach submitted to BNC;
9.4. agree to not use the personal information or account details of any other person without their permission to place and submit an order through this Site;
9.5. warrant that any person receiving a delivery of the ordered products at your nominated delivery address is authorised by you to accept delivery for you on your behalf;
9.6. should read the labels on each and all ordered products before consumption or use and use the ordered products only as directed on the packaging;
9.7. agree that you have not relied on the skill or judgement of BNC in use of a product when submitting an order;
9.8. agree to not copy, post or transmit any content from this Site that may contravene others rights or give rise to legal proceedings,
9.9. confirm that you are the owner of or have permission to use any addition which you transmit or post on this Site which is covered by copyright or other intellectual property rights. BNC reserves the right to monitor, edit or delete content posted or transmitted on this Site,
9.10. give BNC a non-exclusive, transferable, sub-licensable, royalty free and worldwide license to display, use, reproduce, modify, adapt, publish, create derivative works from and distribute any content you post or transmit on this Site which is covered by copyright or other intellectual property rights,
9.11. If you want to add a link to our website please contact us for approval before doing so.
9.12. will not use this Site for activity that breaches any laws or contravenes any rights of any person, and
9.13. must not try to gain unauthorised access to this Site or use this Site to violate the security of BNC or any other person or engage in any activity which imposes a large burden on the technical infrastructure of this Site.
10. Indemnity & Product Liability
You shall indemnify and hold TBNC, its employees and any third party (including its sub-contractors) harmless from and against any and all liabilities, losses, rights, costs and expenses, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the TBNC site or purchase of goods and/or services from that site which are brought or threatened against TBNC or suffered or incurred by TBNC by another person or entity or relating to any breach by you of these terms and conditions. We will not be held liable or responsible for any loss of material uploaded or transmitted to the site.
You agree to fully indemnify, defend and hold us and our officers, directors, agents, employees and suppliers, harmless instantly on demand, from and against all claims, losses, liability, damages, expenses and costs including legal fees which are reasonable, which come about from any breach of these terms and conditions.
Whilst we make reasonable endeavours to ensure that the information on this site is accurate we make no express or implied warranty as to its accuracy. The Big Natural Company shall not be held liable for any damages, injury or illness that occur due to an allergic reaction, or as the result of any other unforeseen occurrence or that are caused by the misuse of any product. It is the complete responsibility of the customer to read all product instructions carefully and to use the product in accordance with those instructions and strictly for the purpose the product was meant for and to ensure that any product is used safely and reasonably.
BNC may terminate, stop or suspend your access to and use of this site, without giving notice to you for any conduct which we think is in breach of these terms and conditions or is contrary to law or contravenes the rights of other persons. All other terms and conditions including under liability, your obligations and or indemnity will keep despite termination.
Any provision of these terms and conditions of use which is found by a court to be illegal, invalid or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision and, if reasonably practicable, will be replaced by another equivalent provision which is not so illegal, invalid or unenforceable.
13. Statutory rights
Nothing contained in these Terms and Conditions of Sale shall affect the statutory rights of the Customer.
14. Changes to legal notices
We reserve the right to change these terms & conditions from time to time. Any changes will become effective as soon as they are posted to the site, and encourage you to read them from time to time.
15. Governing Law
These terms and conditions of use are governed by and construed in accordance with the laws of New South Wales Australia, and you submit to the exclusive jurisdiction of the Australian courts.
16. Limitation of liability
We retain the right to change or edit any content on any page of this website at any time without notice.
By using this site you agree that TBNC will not be liable in contract, tort, negligence, statutory duty or otherwise for:
- loss of profits, revenue or goodwill or any type of indirect, consequential or other loss or damage arising from or connected in any form with this Agreement;
- direct loss or damage (including reasonably foreseeable loss or damage or damage or loss which occurs naturally) which results from any omissions, acts, failures or delays which occur on or in conjunction or relation to section of the Internet over which TBNC has no direct control including (but not limited to) damage for loss of business, reputation, profits, sales and/or business information, non-payment of amounts due, interruption of business or other pecuniary loss (even if TBNC has had advice or acknowledged the possibility of such damage or loss).
Further, you agree that the maximum liability of TBNC in contract, tort, negligence, statutory duty or otherwise (even if TBNC has had advice or acknowledged the possibility of such damage or loss) for whatever damages or losses that arise from or are connected with:
- any product defects or defect;
- failure on the behalf of TBNC to process data, information, signals, orders or messages correctly or in a timely manner;
- any non-delivery or misrouting or otherwise of signals, data, messages, information, or orders from you to other persons or vice versa, or any distortion, mix up error or scrambling of information or data contained within information; and
- any liability which is not excluded by this Agreement will in relation to any connected or unconnected events or series or events which take place within 12 months be limited if the defects fall within the above to the price of the goods which are relevant in the case.
- This limit will be applicable even if a provision or exclusion of this agreement is deemed invalid and TBNC becomes liable for damages or losses that could have been limited.
The Big Natural Company shall not be responsible for any direct or indirect loss or damage incurred by the customer due to delayed or non delivery of goods irrespective of the method of delivery. Nothing in this agreement shall affect your statutory rights.
This Site is provided on an “as is” basis and TBNC does not make any express or implied warranty or representation as to (but does not limit to) the quality satisfaction, suitability of the Products for any purpose or that the Products will meet your requirements apart from to the extent that such warranties are not excludable legally. All content on this Site is provided without any condition, guarantees and or warranties as to its accuracy.
17. Links Disclaimer
This Site may contain links to web sites of other persons. These links are provided for your convenience and do not represent any approval or endorsement of those web sites or the information provided on those web sites. Such information is to be accessed and used at your own risk.
18. Matters beyond our control
TBNC shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, flood, explosion, war, fire, lightening, or extremely severe weather, disorder, industrial disputes, acts or omissions of internet services providers or acts of central or local Government or any other competent authorities.
19. Copyrights & Intellectual Property
All design, text and content on this website is the copyright of The Big Natural Company or its suppliers or content providers. Content is permitted to be transferred electronically in part for your own personal non-commercial use only. Any and all use of any other content without written permission of The Big Natural Company is prohibited.
The Big Natural Company word mark and logo shown below are property of The Big Natural Company Ltd and are not to be reproduced, used or transmitted or exchanged in any way without the prior written consent of TBNC.
All copyright subsisting in this Site, including the The Big Natural Company logo, text, graphics and layout, are owned or licensed by TBNC and protected under British law. You must not reproduce or otherwise use any of the material on this Site without obtaining prior written consent from TBNC.