terms & conditions

Website Terms & Conditions of Use

Terms & Conditions of Sale

Arrow

Terms and Conditions of Sale

These Terms of Sale (\”Terms of Sale\") apply whenever you order any product (\”Product\”) through our Canadian website www.charlottetilbury.com/ca (the \”Website\”) or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms and conditions of use (\“Terms of Use\”) and our Privacy Policy and Cookies Policy privacy (\“Privacy and Cookies Policy\”).

Please read these Terms of Sale carefully and print a copy for your future reference. By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale, the Privacy and Cookies Policy and the Terms of Use (each as amended from time to time). If you do not agree to these Terms of Sale, you must not order any Product from us. WHERE PERMITTED BY APPLICABLE LAW, THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH CHARLOTTE TILBURY BEAUTY CANADA INC. AND YOU SHOULD REVIEW IT CAREFULLY.

About us

Charlotte Tilbury Beauty Canada Inc. (referred to in these Terms of Sale as “CTBC”, “we”, or “us”) is a company registered in Canada, whose registered number is 926227-0 and whose registered address is at 160 Elgin Street, Suite 2600, Ottawa, Ontario, K1P 1C3.

Should you have any questions about these Terms of Sale or wish to contact us for any reason, please use the Contact Us section on the Website. You may also contact us at +1 855-528-8495.

About you

By ordering any Products from us, you confirm that you are:

(a) resident in the Canada;

(b) ordering Products for delivery in Canada; and

(c) over the age of majority in your jurisdiction of residence at which an individual can enter into a legal contract, and if you have not reached the legal age of majority in your jurisdiction of residence that you have the agreement of your parent or legal guardian to these Terms of Sale.

If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.

Product descriptions

All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.

The packaging of the product may vary from that shown in images on our website.

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.

All prices shown on the Website are in Canadian dollars and exclusive of applicable sales tax. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place. You will be responsible for all applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, or other charges. Taxes may depend on delivery location.

Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time.

Any material and information presented by CTBC on the Website or with any Products sold through the website is intended to be used for informational purposes only. Any statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.

You acknowledge that, as between you and us, CTBC, our licensors and any CTBC Affiliates (defined below) own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale.

You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons. 

How to order Products

When you have found a Product on the Website that you would like to buy, please click on the button labelled "ADD TO BAG". This will add your Product to a virtual "make-up bag" (the “Bag”). You can then proceed to pay for the Products in your Bag by clicking on the Bag icon and then clicking “Checkout”. Alternatively, you can continue browsing the Website and add additional Products to your Bag.

You can see what Products are in your Bag at any time by clicking on the Bag icon and then the button labelled “GO TO MY BAG”. If you wish to remove a Product from your Bag, simply click on the “X” under the header “Remove” next to the relevant Product. You can pay for the Products in your Bag at any time by clicking the button labelled “PROCEED TO CHECKOUT”.

When you click the “PROCEED TO CHECKOUT” button, you may be asked to choose two complimentary samples to add to your Bag, subject to availability while stocks last.

Once you have clicked on “PROCEED TO CHECKOUT” you will be given the option to Register or Checkout as a Guest. You will then be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All fields with an asterisk must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy

Our contract with you

Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “Place Order” we will send you an email confirming your purchase. This email will provide you with the details of the order.

If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This might be because the (i) Product is out of stock, (ii) because we have identified an error in the price or description of the Product; or (iii) our inability to obtain authorisation for your payment.

Without limiting the generality of any other section of these Terms of Sale, we reserve the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms of Sale. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship Products ordered or purchased through the Website to certain addresses. In the event that we are unable to or choose not to ship a Product, the amount for that Product charged in relation to your order will be reduced accordingly.

All orders are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us):

(i) for the purposes of verifying the legitimacy of any order and/or other information; and/or

(ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of this Agreement.

The contract will be concluded in English.

Payment for the Products

All Products will remain our property until we have received payment in full for those Products. Legal ownership in the Products will immediately revert to us if we refund any such payments to you.

During the checkout process, you will be asked to complete your payment details. All fields with an asterisk must be completed. You must provide us with a valid form of payment, such as a valid credit card or debit card. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy Policy and Cookies Policy. By submitting your payment card details to us, you authorize us to charge the applicable payment card for the total amount of your order.

All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If you have already received the Products you ordered from us, you must return those Products to us at your own expense. If you fail to do so within 2 weeks of our cancelling your order, we may arrange for collection of the Products at your expense.

If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.

Our rights to make changes

We may change the Product to reflect changes in relevant laws and regulatory requirements.

Delivery of the Products

For information on shipping including shipping costs and estimated delivery times please see the Shipping policy on our Website.

Delivery will be to the address specified in your order.

If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.

All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to you.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.

Warranty disclaimer and limitations on liability

We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us.

SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU ONLY HAVE THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.

IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES YOU PURCHASE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES AND TERRITORIES WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW. IN ANY OTHER CASE AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN RELATION TO THE PRODUCTS OR SERVICES YOU PURCHASE, YOUR USE OF THE WEBSITE OR THESE TERMS OF SALE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Notwithstanding the above and to the maximum extent permitted under applicable law, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the Products. We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

This clause does not affect your statutory rights as a consumer.

Returns and Refunds under our Refunds Policy

We hope you love your purchases, but if for any reason you do need to return something to us, we’ve made it as simple as possible. Please see our Returns & Exchanges Policy for details.

Other important terms

We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

To the maximum extent permitted under applicable law, these Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to any of these Terms of Sale

If you are not a consumer residing in the province of Quebec: These Terms of Sale are governed by and construed under the laws of the Province of Ontario. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the courts of the Province of Ontario.

If you are a consumer residing in the province of Quebec: These Terms are governed by and construed under the laws of the Province of Quebec. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the courts in the Province of Quebec.

To the maximum extent permitted by applicable law and excluding consumers who reside in the province of Quebec, you and Charlotte Tilbury Beauty Canada Inc. agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to these terms and your purchases (if any) under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in Ontario, Canada, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

  • The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
  • The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim. You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
  • You are giving up your right to have a trial by jury;
  • You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
  • You must file any claim within one (1) year after such claim arose or it is forever barred.
  • If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the provincial and federal courts located in Ontario, Canada, and you and we hereby submit to the personal jurisdiction and venue of these courts.
  • This agreement to arbitrate will not preclude you or Charlotte Tilbury Beauty Canada Inc. from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Charlotte Tilbury Beauty Canada Inc. from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state provincial or federal court for disputes related to a violation or possible violation of Charlotte Tilbury Beauty Canada Inc.’s intellectual property rights.

The parties confirm that it is their wish that these Terms of Sale and any other documents delivered or given pursuant to these Terms of Sale, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s'y rattachant, soient rédigés en anglais seulement.

Last Revised: July 2023