1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015.
2.1 In these terms and conditions:
(a) "we" means BARE Studio LLC; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: [you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, creating an account is optional; if you are an existing customer, you may enter your login details; you must then select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of applicable taxes.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you [will / may] have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 2 working days following the later of receipt of payment and the date of the order confirmation.
8.1 You may cancel your order by requesting cancellation via our customer support email found on our website or call our customer support telephone. As long as your order has not been processed and shipped, we will cancel your order and refund your payment in full via your original payment method. Please allow 7 working days to receive your refund.
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) [amount; and]
(b) [the total amount paid and payable to us under the contract.]
11.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
11.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
11.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
12.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
12.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
14.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
17.1 Subject to Section 10.1, these terms and conditions[, together with [our delivery policy and our returns policy],] shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
18.1 This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of California (USA). You and J.O.I agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Francisco, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding.
19.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
19.2 These terms and conditions are available in the English language only.
20.1 This website is owned and operated by BARE Studio LLC.
20.2 We are registered in the State of Wyoming, USA , and our registered office is at
20.3 Our principal place of business is at
20.4 You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to the email address given on our website from time to time.