Terms of service
TERMS OF SERVICE
Overview
Welcome to Bare. This store and website is operated by Ayres Ecommerce Enterprises South Africa (Pty) Ltd (registration number 2021/902135/07), trading as "Bare" ("Bare", "we", "us", or "our"). References in these Terms to "Bare" mean Ayres Ecommerce Enterprises South Africa (Pty) Ltd t/a Bare.
Bare operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Bare is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, supplement-specific health disclaimers, and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
Nothing in these Terms is intended to limit or exclude any of your rights under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Protection of Personal Information Act 4 of 2013 (POPIA), or any other applicable South African law.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (or the age of majority in your province of residence), and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the device you use to access the store and your device settings and configuration.
We do not warrant that the appearance of any products purchased by you will exactly match the depiction in our online store, save for those characteristics that materially affect the product's fitness for purpose.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Bare reserves the right to accept or decline your order at its discretion. Your order is not accepted until Bare confirms acceptance, and we must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange in accordance with our Refund Policy and your statutory rights under the Consumer Protection Act and Section 44 of ECTA (where applicable).
Your purchases are for your own personal use unless you have entered into a separate written wholesale or reseller agreement with Bare.
Section 4 — Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices include VAT (where applicable) but exclude shipping, handling, customs, or import charges.
Prices posted in our online store may be different from prices offered in physical stores or in online stores operated by third parties (such as Takealot). We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your bank or card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
Section 5 — Shipping and Delivery
We dispatch orders within 1–3 business days of payment confirmation. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, loadshedding, courier strikes, or other events outside our reasonable control. Once we transfer products to the carrier, risk of loss passes to you.
Please refer to our Shipping Policy for full delivery details, costs, and regions covered.
Section 6 — Intellectual Property
Our Services, including but not limited to all trade marks, brand names, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Bare, its affiliates or licensors and are protected by South African copyright, trade mark, and other intellectual property laws, including the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and applicable international intellectual property treaties.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trade mark, copyright, or other intellectual property of Bare, Shopify, or any third party.
Unauthorised use of the Services may constitute a violation of South African intellectual property laws. All rights not expressly granted herein are reserved by Bare.
Bare's names, logos, product and service names, designs, and slogans are trade marks of Bare or its affiliates or licensors. You must not use such trade marks without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trade marks of their respective owners.
Section 6A — Health and Supplement Disclaimer
Bare products are food supplements intended to support a healthy lifestyle and active training. They are not medicines and are not intended to diagnose, treat, cure, or prevent any disease.
Any health, performance, or wellness information provided through the Services — including on product pages, in marketing materials, in emails, on social media, or by our team — is for general informational purposes only. It is not medical advice and should not be used as a substitute for professional healthcare guidance.
You should consult a qualified healthcare practitioner before starting any supplement, particularly if you are:
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Pregnant or breastfeeding
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Taking prescription medication
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Managing a medical condition
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Under the age of 18
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Concerned about your individual health for any reason
Discontinue use and consult a healthcare practitioner immediately if you experience any adverse reaction to a Bare product.
To the extent permitted by the Consumer Protection Act 68 of 2008, you agree that Bare is not liable for any health, dietary, or performance outcomes arising from your use of our products other than those caused by defective goods within the meaning of Section 61 of the Consumer Protection Act.
Section 7 — Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
Section 8 — Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 — Relationship with Shopify
Bare is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Bare. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bare, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Bare.
Section 10 — Privacy Policy and POPIA
All personal information we collect through the Services is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and described in our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transmitted to and shared with Shopify and other approved third-party processors that may be located outside the Republic of South Africa, in order to provide the Services to you. Cross-border transfers of personal information are conducted in accordance with Section 72 of POPIA. Review our Privacy Policyfor full details.
Section 11 — Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.
We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trade mark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive, or obscene content, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.
Section 12 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any South African or international laws, regulations, or local by-laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit any "junk mail," "chain letter," "spam," or similar unsolicited communication; (h) to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Bare, Shopify, or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automated device, AI tool, or manual process to access the Services in a manner inconsistent with Section 14 below; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 — Agents
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
Section 15 — Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Health and Supplement Disclaimer, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Dispute Resolution, Privacy Policy and POPIA, Force Majeure, and any other provisions that by their nature should survive termination.
Section 16 — Disclaimer of Warranties
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as required by the Consumer Protection Act 68 of 2008 and other applicable South African law, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, either express or implied, save for those that cannot lawfully be excluded under the Consumer Protection Act.
For clarity, nothing in these Terms is intended to limit or exclude:
(a) the implied warranty of quality contained in Section 56 of the Consumer Protection Act;
(b) your right to safe, good-quality goods under Section 55 of the Consumer Protection Act;
(c) the supplier's liability for harm caused by unsafe or defective goods under Section 61 of the Consumer Protection Act;
(d) your statutory cooling-off period under Section 44 of ECTA (where applicable to your purchase); and
(e) any other right that cannot be lawfully waived or restricted under South African law.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
Section 17 — Limitation of Liability
Subject always to your rights under the Consumer Protection Act 68 of 2008 and other applicable South African law, and to the fullest extent permitted by law, Bare, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured using the Services.
Where our liability cannot be lawfully excluded — including for death or personal injury caused by negligence, for fraud, for breach of statutory consumer rights, or for liability under Section 61 of the Consumer Protection Act — our liability is limited to the maximum extent permitted by law.
For all other claims, our total aggregate liability shall not exceed the total amount you paid to Bare in the six months preceding the event giving rise to the claim.
Section 18 — Indemnification
You agree to indemnify, defend, and hold harmless Bare, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.
Section 19 — Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 — Waiver and Entire Agreement
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 — Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 — Governing Law and Dispute Resolution
These Terms of Service and any separate agreement under which we provide you Services are governed by and construed in accordance with the laws of the Republic of South Africa.
You and Bare submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, in respect of any dispute arising from or in connection with these Terms.
Before commencing court proceedings, both parties agree to first attempt to resolve any dispute through good-faith informal negotiation for a period of at least 30 days from the date written notice of the dispute is given. If the dispute cannot be resolved informally, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) or another mutually agreed mediator before approaching a court.
Nothing in this section limits any right you may have under the Consumer Protection Act, including the right to lodge a complaint with the National Consumer Commission, the Consumer Goods and Services Ombud, or any other consumer protection body.
Section 23 — Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 — Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 — Contact Information
Questions about the Terms of Service should be sent to us at hello@bareayr.co.za.
Our contact information is:
Ayres Ecommerce Enterprises South Africa (Pty) Ltd
Trading as: Bare
Company Registration Number: 2021/902135/07
2 Cypress Drive, Glen Anil, Durban, 4051, South Africa
Email: hello@bareayr.co.za
Phone: +26 825933304
VAT Registration Number: 4030310223
Section 26 — Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) where the delay or failure is caused by circumstances beyond that party's reasonable control. Such circumstances include but are not limited to: acts of God; fire, flood, drought, or other natural disaster; war, terrorism, or civil unrest; pandemic or government-imposed health restrictions; loadshedding or sustained energy supply interruption; municipal water or service interruption; courier or transport strikes; port congestion or import delays; cyberattack or third-party service outage affecting Shopify or our payment providers; or any change in law, regulation, or government policy.
Where a force majeure event occurs, the affected party will notify the other party as soon as reasonably practicable and use reasonable efforts to resume performance. If the event continues for more than 60 days, either party may terminate the affected obligations without further liability, save for amounts due up to the date of termination.