Terms & conditions

1. About these terms

These terms govern your use of the website at simplybeingbeauty.au (the Site) and any purchase you make through it. The Site is operated by Simply Being of Level 7, 333 Collins Street, Melbourne VIC 3000 (we, us, Simply Being). By using the Site or placing an order you agree to these terms. If you do not agree, please do not use the Site.

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot be excluded by agreement.

2. Products

Our products are cosmetics within the meaning of Australian law. They are intended for external use as directed on the label and on the Site. They are not therapeutic goods and are not intended to diagnose, treat, cure or prevent any disease or condition. Information on the Site about ingredients and haircare is general in nature and is not medical advice. If you have a scalp or skin condition, are pregnant or breastfeeding, or have concerns about an ingredient, please consult a health professional before use.

We take care to describe our products accurately. Product images are illustrative; natural ingredients may vary slightly in colour between batches. Where we state the concentration of an ingredient, it refers to the level in the finished product.

3. Ordering

You place an order by adding products to your bag and completing checkout. Checkout is provided by Shopify Inc. and its payment partners; Shopify's own terms and privacy policy apply to the checkout process. Your order is an offer to buy. We accept it when we send you an order confirmation email, at which point a contract is formed. We may decline or cancel an order before dispatch, for example where a product is unavailable, a pricing error has occurred or we suspect fraud, in which case we will refund any payment taken in full.

You must be at least 18 years old to place an order, or have the consent of a parent or guardian.

4. Prices and payment

All prices are in Australian dollars (AUD) and include goods and services tax (GST) at the applicable rate. Shipping charges are shown before you pay. We may change prices at any time, but changes will not affect an order we have already accepted. If a product has been listed at an incorrect price due to an obvious error, we may cancel the order and refund you.

Payment is taken at the time of order. We accept the payment methods displayed at checkout. A tax invoice is emailed with your order confirmation.

5. Delivery

We deliver to addresses in Australia only. Delivery options, charges and estimated times are set out on our Shipping & Returns page and form part of these terms. Delivery estimates are indicative. Title to the products passes to you on payment; risk passes on delivery. You are responsible for providing an accurate delivery address.

6. Consumer guarantees

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 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.

To make a claim, contact us at hello@simplybeingbeauty.au with your order number. Our process is set out on the Shipping & Returns page. We bear the reasonable cost of returning faulty goods.

7. Change-of-mind returns

In addition to your rights under the Australian Consumer Law, we accept change-of-mind returns of unopened products in their original sealed packaging within 30 days of delivery, on the conditions set out on the Shipping & Returns page. This is a voluntary policy and may be withdrawn or changed for future orders.

8. Use of the Site

You may use the Site for personal, non-commercial purposes. You must not misuse the Site, attempt to gain unauthorised access to it, scrape it, or use it to transmit unlawful, harmful or infringing material. We may suspend or restrict access if we reasonably believe these terms have been breached.

9. Intellectual property

The Site and its content, including text, images, product names, formulations and the Simply Being name and logo, are owned by or licensed to us and protected by Australian and international law. You may not reproduce or use them without our written permission, other than as necessary to browse the Site or as permitted by law.

10. Reviews and user content

Where we publish customer reviews, they are from verified purchasers and are not edited except to remove personal information or unlawful content. We do not offer incentives for positive reviews. By submitting a review or other content you grant us a non-exclusive licence to use it on the Site and in our marketing, and you confirm it is your own honest opinion.

11. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these terms.

12. Liability

To the extent permitted by law, and subject always to your rights under the Australian Consumer Law, we exclude all liability for indirect or consequential loss arising from your use of the Site or our products, and our total liability for any claim is limited to the price you paid for the products concerned. Where liability for breach of a consumer guarantee cannot be excluded but can be limited, it is limited, at our option, to replacing or repairing the goods or paying the cost of doing so.

Nothing in this clause limits our liability for death or personal injury caused by our negligence, or for any liability that cannot be limited by law.

13. Events beyond our control

We are not liable for delay or failure to perform caused by events outside our reasonable control, including carrier disruption, natural disaster or public health measures. We will tell you as soon as practicable and you may cancel any affected order for a full refund.

14. Changes to these terms

We may update these terms from time to time. The version in force when you place an order applies to that order. The current version is always available on this page with its effective date.

15. Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia. This does not prevent you from making a complaint to the consumer protection agency in your state or territory.

16. Contact

Simply Being
Level 7, 333 Collins Street, Melbourne VIC 3000, Australia
hello@simplybeingbeauty.au