terms & conditions
Terms and Conditions
Terms & Conditions of Sale
Any sale and purchase of products from https://www.charlottetilbury.com (the “Website”) or the Charlotte Tilbury Beauty App (the “App”) is governed by the following terms and conditions (“Terms of Sale”).
ABOUT US
Charlotte Tilbury Beauty Limited (“CTBL”) is a company registered in England and Wales under company number 08037372 and our registered office is at 8 Surrey Street, London, United Kingdom WC2R 2ND. Our VAT number is GB 267 5528 69.
References to “we”, “us” and/or “our” throughout the Terms of Sale are to CTBL.
Should you have any questions about these Terms of Sale, you may contact us at customercare@charlottetilbury.com or on our customer care number +44 (0) 1202 629527 (Monday to Friday, 8am-9pm BST (GMT+1).
BY PLACING AN ORDER YOU ACCEPT THESE TERMS OF SALE
By placing an order on the Website or the App, you confirm that you accept these Terms of Sale and that you agree to comply with them. If you do not agree to these terms, you must not place an order. We recommend that you print a copy of these Terms of Sale for future reference.
These Terms of Sale refer to additional terms and policies, which also apply to your purchase of products, including:
- Our Privacy Policy, which explains how we collect, use and store your personal data; and
- Our Cookies Policy, which sets out information about the cookies on the Website and the App.
CHANGES TO THESE TERMS OF SALE
We may update or amend these Terms of Sale from time to time and will post updated Terms of Sale on the Website. Every time you wish to make a purchase on the Website or the App, please check these Terms of Sale to ensure you understand the terms that apply at that time. By placing an order after any changes have taken effect, you agree to the updated Terms of Sale. PRODUCT DESCRIPTIONS All images of products shown on the Website or the App are provided for illustrative purposes only. A product’s true colour, texture, dimensions or appearance may not exactly match that shown on its packaging, on your device or in our marketing materials. The product descriptions and information provided are for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any actions on the basis of the content of the Website, the App, any product or its packaging.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the product ingredients before use to avoid potential allergic reactions.
All products benefit from a legal guarantee of conformity under consumer protection laws and this clause does not limit or exclude any guarantees or warranties which cannot be excluded.
HOW TO PLACE AN ORDER
You must be 18 years or over to place an order on the Website or the App.
You place an order on the Website or the App by following these steps:
- select your product(s) and click “ADD TO BAG”;
- click on the “BAG” icon where you can review your order (including delivery costs), apply a promotion code or gift card and identify and correct any input errors (for example by editing quantities);
- click “CHECKOUT | [PRICE]” to proceed to the checkout and enter your delivery and billing details; and
- submit your order by clicking the “PLACE ORDER AND PAY” (or equivalent payment provider) button.
By clicking this button, you place an order with an obligation to pay.
We reserve the right to limit the number of a given item that can be bought by an individual customer should we deem it appropriate. We also reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens, you will receive an email to notify you of this.
OUR CONTRACT WITH YOU
You will receive an order confirmation email detailing the products you have ordered. This email does not constitute acceptance of your order. You will receive a dispatch confirmation email, including a tracking code, when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we dispatch the products to you, unless we have notified you that we do not accept your order.
If you wish to cancel your order or our contract with you, please refer to the “CANCELLING YOUR ORDER OR CONTRACT” section below.
If we are unable to accept your order, we will inform you of this by email and will not charge you for the products. This might be because:
- the product is out of stock;
- we have identified an error in the price or description of the product;
- the order raises an issue relating to legal compliance or our fraud checks; or
- we are unable to obtain authorisation for your payment.
We are not required to inform you of our reason for rejecting your order unless required by law. The contract will be concluded in English.
We will store a copy of your contract and order details. You can access your order history in your account area or obtain a copy by contacting customercare@charlottetilbury.com.
PRICE AND PAYMENT
We reserve the right to alter our prices at any time. If the price of a product changes after you have placed your order, we will not be able to refund/credit you the difference in price (this also includes sale price adjustments).
All prices shown on the Website and the App are in Canadian dollar and inclusive of Value Added Tax and / or any applicable taxes (“VAT”). Prices shown on the Website and the App do not include delivery or other charges, which will be added to any order you place. If the rate of VAT changes between your order date and the date we supply the product, we reserve the right to adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect, in which case the original VAT amount will apply.
All products will remain our property until we have received payment in full. If we issue you with a refund, exchange or you cancel your order, property in the products will revert to us. During the checkout process, you will be asked to complete your payment details. All fields with an asterisk must be completed. We accept most major credit and debit cards.
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 via email. If you have already received the products, you must return those products to us at your own expense. If you fail to do so within 14 days of our cancelling your order, we may arrange for collection of the products at your expense.
CHANGES TO PRODUCTS
We may change the products (e.g. reformulations, packaging, labelling etc) to reflect changes in relevant laws and regulatory requirements.
PRODUCT DELIVERY
For information on delivery costs and estimated delivery times, please see the Shipping Information section on the Website. We will endeavour to deliver the products within these timeframes and no later than 30 days after the date on which we accept your order. If we do not deliver the products within 30 days, you may cancel your order and receive a refund. Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the delivery carrier may attempt delivery the following day. If the product still cannot be delivered, the products will either be (i) retained by the delivery carrier for a reasonable period and then returned to us, or (ii) left in your designated “safe place” (if you selected this option). If you choose delivery to a safe place, please select from the available options and ensure the safe place is protected from the elements and public view. Our carriers will use reasonable efforts to follow your instructions.
If products are returned to us by the delivery carrier, we will issue you with a refund but we reserve the right to retain any costs incurred in arranging for the delivery and return of the products.
Risk of loss or damage to the products passes to you when they are delivered into your physical possession or the possession of a person you nominate (including where you have chosen a designated safe place).
We are not responsible for delays outside our reasonable control. If an event outside our reasonable control delays delivery, we will contact you as soon as possible and take steps to minimise the effect. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.
CANCELLING YOUR ORDER OR CONTRACT
You are entitled by law to cancel your contract if you wish to do so, provided that you exercise your right no later than 14 days after delivery. Our Returns & Exchanges Policy applies to cancellations. Your right to cancel is in addition to your right to a refund or exchange.
If you wish to exercise your right of cancellation, you must take reasonable care of the products. To exercise your right to cancel, you can follow one the following processes:
• our Returns & Exchanges Policy process. Please select “Changed My Mind/No Longer Needed” as the reason for your return and note in the comment section that you are requesting to cancel your contract; • email customercare@charlottetilbury.com to inform us of your decision to cancel your contract. You will need to include your name, delivery address, details of the order you wish to cancel and, where available, your phone number and email address; or • populate the Model Cancellation Form at the end of these Terms of Sale and email it to customercare@charlottetilbury.com.
If you decide to cancel your order, you must return the products (including any free gifts or promotional items received with your order) to us in the same condition as specified in our Returns & Exchanges Policy at your cost within 14 days of notifying us of your decision to cancel. We will reimburse you the amount in relation to products to which cancellation rights apply as well as standard delivery costs paid to the method used to pay for the original transaction. We will not reimburse you for supplementary costs arising if you choose a type of delivery other than our standard delivery. We will arrange reimbursement no later than 14 days after we receive the returned products. If we do not receive the products within this 14-day period, we will request evidence that you have returned the products.
RETURNS, EXCHANGES AND REFUNDS
We hope you love your purchases, but if for any reason you do need to return or exchange a product, we’ve made it as simple as possible. Please see our Returns & Exchanges Policy for details.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the products and any packaging. These are protected by copyright laws and treaties around the world. All such rights are reserved.
LIMITATION OF LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or your statutory rights.
The sale of products is for domestic and private use. You agree not to use or re-sell the products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
PRIVACY AND PERSONAL INFORMATION
Our use of your personal information is governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms of Sale by reference. Please review these policies for details about how we collect, use, share and protect your personal information.
We will not sell your personal data to third parties. We may share your personal data with third parties where necessary to provide our services (including with processors acting on our behalf), where we have your consent, or as otherwise permitted or required by applicable law. For full details of the circumstances in which we share your personal data, please refer to our Privacy Policy .
GENERAL
If any of these Terms of Sale are deemed unlawful, void or unenforceable, then that provision shall be deemed to be severable from the rest of these Terms of Sale which shall remain in full force and effect.
Any delay or failure by us to exercise any right we may have under these Terms of Sale shall not constitute a waiver by us of that right.
These Terms of Sale set out the entire agreement between you and us relating to sale and purchase of products and services via the Website or the App.
These Terms of Sale are between you and us and no other person shall have any rights to enforce these terms. This does not affect any right or remedy of a third party which exists, or is available, under any applicable law.
These Terms of Sale are governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction. We may each bring a dispute arising from these Terms of Sale in the courts of England and Wales, or in the courts of the country in which you reside. If you have a complaint about any product or our service, please contact our Customer Care team at customercare@charlottetilbury.com. We aim to resolve all complaints as quickly as possible.
We are not currently obliged to, and do not voluntarily commit to, participate in dispute resolution proceedings before a consumer arbitration board. However, we will always try to resolve any complaint directly - please contact our Customer Care team at customercare@charlottetilbury.com.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract) To Charlotte Tilbury Beauty Limited, 8 Surrey Street, London WC2R 2ND, customercare@charlottetilbury.com:
I/We [*] hereby give notice that I/We [*] withdraw from my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*] [include details of goods / service]:
Ordered on [*]/received on [*]: Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: [*] Delete as appropriate
Last Revised: May 2026
Terms & Conditions of Use
Any use of our CA site, https://www.charlottetilbury.com/ca, (the “Website”) is governed by the following terms and conditions (“Terms of Use”).
ABOUT US
Charlotte Tilbury Beauty Limited (“CTBL”) is a company registered in England and Wales under company number 08037372 and our registered office is at 8 Surrey Street, London, United Kingdom WC2R 2ND. Our VAT number is GB 267 5528 69.
References to “we”, “us” and/or “our” throughout these Terms of Use are to CTBL. Should you have any questions about these Terms of Use, you may contact us at customercare@charlottetilbury.com.
BY USING THE WEBSITE YOU ACCEPT THESE TERMS OF USE
By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms, you must not use the Website. We recommend that you print a copy of these Terms of Use for future reference.
These Terms of Use refer to additional terms and policies, which also apply to your use of the Website:
• Our Privacy Policy, which explains how we collect, use and store your personal data; and • Our Cookies Policy, which sets out information about the cookies on the Website. If you purchase products or services from the Website, our Terms and Conditions of Sale (“Terms of Sale”) will apply to the sales.
CHANGES TO THESE TERMS OF USE
We may update or amend these Terms of Use from time to time and will post updated Terms of Use on the Website. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the terms that apply at that time. If you do not agree to the updated Terms of Use, you may stop using the Website at any time. Continued use of the Website after the changes take effect means you agree to the updated Terms of Use.
YOUR USE OF THE WEBSITE
You should only use the Website if you are aged 18 years or over. You are permitted to use the Website and its content, including without limitation, all information, data, products, materials, services, software applications and tools, digital avatars, voice recordings, design elements, text, images, photographs, illustrations, audio and video contents, LiveChat conversations, and VideoChat exchanges and artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”) for your personal use only.
You may only use the Website in a way that does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Website.
PROHIBITED USE
You must not, except to the extent permitted by applicable law:
- conduct, facilitate, authorise or permit any text or data mining, web scraping, or automated analytical technique in relation to the Website or any data, content or information accessed via it, including for the purpose of developing, training, fine-tuning or validating any AI system or model; or
- use any robot, bot, spider, scraper or other automated device, program, algorithm or process to access, copy, monitor or republish any portion of the Website.
- You must not:
- introduce any virus, trojan, worm, logic bomb or other malicious or technologically harmful material to the Website;
- attempt to gain unauthorised access to the Website, or to any server, database, equipment or network connected to it;
- interfere with, damage or disrupt the Website or any software, equipment, network or system on which it relies;
- conduct any denial-of-service or distributed denial-of-service attack against the Website; or
- reverse engineer, decompile, or disassemble the Website or any part of it, except to the extent that it would be unlawful of us to exclude your rights to do so
Any such conduct may constitute a criminal offence. We reserve the right to report any suspected breach to the relevant law enforcement authorities and to co-operate with those authorities, including by disclosing your identity.
Your right to use the Website will cease immediately if you breach the Terms of Use. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.
YOUR ACCOUNT
You may use the Website without being required to sign in or create an account. Access to certain features, promotions and other elements of the Website may require you to sign in and/or create an account where specified.
If you choose, or you are provided with, an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your account, please notify us immediately. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password.
You are responsible for ensuring any personal information which you are required to provide for your use of the Website is true and accurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. If your personal information changes, please update your account by logging into the Website, or alternatively please contact our Customer Care team: customercare@charlottetilbury.com.
You may delete your account by contacting our Customer Care team at customercare@charlottetilbury.com.
We reserve the right to terminate your account(s) if you breach these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except in relation to User Content).
You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Except as provided above, nothing in these Terms of Use gives you a right (or to facilitate a third-party) to use, reproduce, duplicate, copy, sell or resell, modify, transmit, publish, display, distribute, commercially exploit or create derivative works of such, or otherwise exploit, in whole or in part, any Content, and/or any of our or our licensor’s intellectual property rights.
If you print off, copy, download, share or repost any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
USER CONTENT
Dedicated spaces of the Website may provide you with the option to post content, for example text, photos, reviews, etc (“User Content”). Whenever you post User Content to the Website you must comply with the standards set out below and our Consumer Review Policy.
You must ensure that any User Content that you post or upload to the Website including via
LiveVideo and LiveChat:
- does not contravene any applicable laws or contravene any person's legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);
- is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;
- is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
- does not promote violence;
- is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
- is not misleading, false, libellous, or defamatory;
- does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not infringe any trade secret, patent, copyright, database right or trademarks of any person;
- does not give the impression that it emanates from us (unless that is in fact the case);
- is accurate (where it contains statements);
- does not contain any software viruses, unsolicited or unauthorised advertising, or any form of ‘spam’;
- only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content); and
- complies with any terms and guidance set out in our Consumer Review Policy.
You agree that you are solely responsible for any User Content that you contribute to the Website and warrant that all such User Content will comply with the standards and the Terms of Use. You are liable to us for any User Content that breaches these Terms of Use. This means that you will be responsible for any loss or damage we suffer as a result of any User Content you contribute that does not comply with these Terms of Use.
We reserve the right to:
- remove any User Content which, in our opinion, does not comply with the standards set out in these Terms of Use and/or the Consumer Review Policy;
- terminate your account on the Website at any time if you breach the Terms of Use;
- disclose your identity to anyone who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy; and
- label any User Content as required by applicable laws and/or regulations, such as whether a review is incentivised.
Any User Content you post or upload to the Website will be considered non-confidential and not protected by any trade mark, patent or copyright (non-proprietary), that is, in the public domain. You own your User Content and grant to us and our subsidiaries and affiliates a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide and fully paid licence to use, store, copy, modify, translate and create derivative works of that User Content and to distribute and make it available to others, including the likeness of any person that appears in the User Content, for any purpose, including commercial uses, in all media formats and channels now known or later developed without compensation to your or any third party. We also have the right to disclose your identity to anyone who is claiming that any User Content posted or uploaded by you to our Website violates their intellectual property rights or their right to privacy.
User Content has not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values. We are not liable for User Content.
LIMITATION OF LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or your statutory rights.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale. We provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any actions on the basis of the content of the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Website. You should use your own virus protection software.
PRIVACY AND PERSONAL INFORMATION
Our use of your personal information is governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms of Use by reference. Please review these policies for details about how we collect, use, share and protect your personal information.
We will not sell your personal data to third parties. We may share your personal data with third parties where necessary to provide our services (including with processors acting on our behalf), where we have your consent, or as otherwise permitted or required by applicable law. For full details of the circumstances in which we share your personal data, please refer to our Privacy Policy.
WITHDRAWAL OR SUSPENSION OF THE WEBSITE
The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
GENERAL
These Terms of Use set out the entire agreement between you and us relating to use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right. These Terms of Use are governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction. We may each bring a dispute arising from these Terms of Use in the courts of England and Wales, or in the courts of the country in which you reside.
Last Revised: May 2026
Subscriptions Terms & Conditions of Use
These are the subscription terms and conditions (“Terms”) on which Charlotte Tilbury Beauty Canada Inc., 2600-160 Elgin Street, Ottawa, Ontario, Canada K1P 1C3, (“we” or “us”) supply specific products available for subscription listed on our website www.charlottetilbury.com/ca (the “Site”) to you via our subscription ordering facility (“Subscription Service”). You may also contact us at +1 855-528-8495.
Please read these Terms carefully before setting up any Subscription Service. By signing up to the Subscription Service you are indicating that you accept and agree to be bound by these Terms. These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Please also note that the use of the Site is subject to the terms contained in the Site Terms and Conditions of Use, which apply whether or not you set up the Subscription Service. 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.
How to order Products with the Subscription Service
When you have found an eligible Product on the Website that you would like to buy with a Subscription Service, please click on the button labelled "Subscribe + Save 15%”.
You can then decide how regularly you would like your chosen Product to be delivered to you under the Subscription Service. The Product can be delivered at either 3, 4 or 6-month intervals and you can choose the interval by selecting 3 months, 4 month or 6 months from the drop-down menu.
Once you have chosen how frequently you would like the Product delivered you can click on the “Set Up Subscription” button.
You must have an account on the Site in order to set up any Subscription Service and must log in to your account or create an account to order Products using the Subscription Service. To create an account you can go to https://www.charlottetilbury.com/ca/account/register and fill in the required fields under the “Create an account section”, then click on the “CREATE ACCOUNT” button.
You can then proceed to pay for the Subscription Service and will be asked to provide various information necessary to process your order and deliver the Product to you. You can provide this information by filling in the fields requested on the screen. All required fields must be completed. Please note that we will collect, store and use your information in accordance with our Privacy Policy & Cookies Policy.
Free standard delivery will be applied to any Product ordered using the Subscription Service.
Our Subscription Service contract with you
You must have an account on the Site to set up any Subscription Service and must log in to order Products using the Subscription Service.
By creating an account on the Site, as required to set up any Subscription Service, you will be automatically enrolled into our Loyalty Programme. Your status within the loyalty programme will be visible within your account dashboard on the Site. Our Loyalty Programme is governed by our Loyalty Terms and Conditions. If you don’t want to be enrolled into the Loyalty Programme you will have the opportunity to close your account by visiting your account dashboard on the Site. If you close your account on the Site you will cancel your Subscription Service, as you must have an account on the Site to set up any Subscription Service.
Every product purchased as part of your Subscription Service will count towards your loyalty status. You will only receive email marketing relating to this Loyalty Programme if you have consented to this separately.
You may set up a Subscription Service for certain Products available for subscription on the Site by following the steps outlined above.
Once you place your order to purchase a Product from us by the Subscription Service and by clicking the button labelled “Subscribe” we will send you an email confirming your purchase and you will be billed for your first order at this time. This email will provide you with the details of the order.
This is not an order acceptance by us. A dispatch confirmation email, including a tracking code will then be sent when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products to you.
If we are unable to accept your order, we will inform you of this and refund any charges as necessary. 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; (iii) our inability to obtain authorisation for your payment; (iv) because of unexpected limits on our resources which we could not reasonably plan for; or (v) we discover that you are not a resident in Canada, ordering Products for delivery outside of Canada, or under the age of 18 years old.
For all subsequent orders, you will be billed at the frequency that you chose when setting up your Subscription Service (for example, 3, 4 or 6 months) and we will notify you by email in advance prior to taking payment.
A French version of these Terms was remitted to the adherent, and the parties have subsequently agreed that this contract will be concluded in English. Une version française des présentes modalités a été remis à l’adhérent, et les parties one décidés par la suite qu’elles désirent conclure ce contrat en anglais.
Subsequent Subscription Service Orders
Once you have set up your Subscription Service, we will send you the Product you have subscribed to at the frequency you have indicated.
By setting up your Subscription Service, you acknowledge and understand that this Subscription Service will continue indefinitely until you cancel, with shipments at frequency you have indicated.
By setting up your Subscription Service you agree that once you have expressly agreed for your card to be charged on a recurring basis, and agreed to the amount of the recurring charges, we will submit periodic charges to your chosen payment method in accordance with your chosen subscription frequency, for example every 3, 4 or 6 months, in respect of the payment of your Subscription Service without further authorisation from you.
If a subsequent Subscription Service payment fails, we will make three further attempts to process the payment for you via our payment provider Stripe, within 1-4 weeks after your payment was due. If these attempts are unsuccessful, your Subscription Service will be cancelled and we will notify you of this by email and in the ‘manage my subscription’ tab on your account dashboard on the Site. In the event that your Subscription Service is cancelled due to payment failure, you will need to set up a new Subscription Service should you wish to do so and provide valid payment information.
Your Subscription Service will remain in effect until it is cancelled.
You can cancel your Subscription Service at any time by visiting the ‘manage my subscription’ tab on your account dashboard on the Site.
If you would like to cancel your Subscription Service, you must do so 24 hours before your recurring payment is due to be taken. You will be informed in advance by email when your next payment will be taken. If you do not cancel your Subscription Service 24 hours before your recurring payment is due to be taken, the payment will be taken and the order for that period will be processed in the usual way. In such a case, the Subscription Service will be cancelled as of the next recurring payment.
If you cancel your Subscription Service and then later set up a new Subscription Service, the discount applied to any Product(s) may not be the same discount in effect at the time of cancellation and the price may not be the same price.
Shipping address changes and payment method changes must be made at least 24 hours before your recurring payment is due to be taken to take effect for that shipment.
Products
Specific products listed on the Site are available to order by the Subscription Service. The specific products available to order by the Subscription Service will be labelled with a ‘SUBSCRIBE!’ badge.
Engraved products are not available to order by the Subscription Service.
We may from time to time, at our sole discretion, add or remove any Product from the Subscription Service. Such changes will be made in compliance with this agreement.
Delivery
Free standard delivery will be applied to Subscription Service orders.
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.
Price
The price of any Product will be as quoted on the Site, except in cases of obvious error.
The discount for the Subscription Service will be as communicated on the Site and calculated based on the full selling price of any applicable Product.
The amount charged to you for each Subscription Service order will be as detailed in the dispatch confirmation email and will be the price of the Product(s) on the checkout date, less the applicable Subscription Service discount. These prices include tax at the applicable local rates. The amount charged to you on your chosen Subscription Service intervals will remain the same until we notify you in writing to communicate otherwise.
Prices are liable to change at any time, but these changes will not affect orders in respect of which we have already sent you a dispatch confirmation email.
We reserve the right to change the promotional benefits available within the Subscription Service, including the Products to which such promotional benefits apply and the discount amounts at any time at our sole discretion. All changes will apply to future Subscription Service orders and any such changes will be notified to you in advance of your next payment so that you can cancel your Subscription Service, should you wish to do so.
From time to time the Site or our stores may offer discounts on selected Product(s) which may mean that these Product(s) will be cheaper than the subscription price. You will not be able to sign up to the Subscription Service at these special promotional prices.
Payment
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 required fields with an asterisk must be completed. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy & Cookies Policy.
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.
Only card payments will be accepted for subscription orders. You will not be able to use Klarna, Afterpay, or any similar service, or arrange payment over the phone via our Gifting Hotline for subscription orders.
Gift cards cannot be used to place an order by the Subscription Service.
You cannot use any other discounts, offers or promotional codes when placing an order by the Subscription Service.
If we cannot supply you with the Product that you have ordered, we will cancel your order or the part of your order which cannot be supplied 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.
Returns and Refunds
We hope you love your Subscription Service orders, 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.
Managing your Subscription Service
You can manage your Subscription Service via your account on the Site.
By visiting the ‘manage my subscription’ tab on your account dashboard on the Site you can do the following:
a) Cancel your subscription at any time.
b) Edit your billing and/or shipping details.
About you
By ordering any Products from us and setting up a Subscription Service with us, you confirm that you are:
a) resident in Canada; and
b) ordering Products for delivery in Canada; and
c) have reached the age of majority in your jurisdiction of residence.
If you do not meet all of the above criteria, you are not permitted to order any Product through a Subscription Service from the Site and we reserve the right, to refuse your order.
Our liability
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, to the extent permitted by applicable law, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
Save as expressly set out in these Terms and to the extent permitted by applicable law, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you. Notwithstanding the above, 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 Product.
To the extent permitted by applicable law, we will not be liable to you where we breach these Terms 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, by-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.
Nothing in these Terms shall limit our liability for personal injury, death or fraud.
This clause does not affect your statutory rights as a consumer.
General
If you are not a consumer residing in the province of Quebec: These Terms 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, you and we shall submit to the exclusive jurisdiction of the courts in 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, you and we shall submit to the exclusive jurisdiction of the courts in the Province of Quebec.
Mandatory and Binding Arbitration / No Class Actions / Waiver Of Jury
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 provincial or federal court for disputes related to a violation or possible violation of Charlotte Tilbury Beauty Canada Inc.’s intellectual property rights.
Modification and termination of these Terms
We reserve the right to revise and amend any portion(s) these Terms from time to time without prior notice by changing them on the Site. Where required by law, or at our discretion, we will provide you with notice thirty (30) days prior to the effective date of the change by sending a message to the email address (or other contact information we have for you at our discretion) associated with your account. Such notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If the change results in an increase in your obligations or a reduction in ours, you may cancel this agreement without cost, penalty, or cancellation indemnity, rather than accept the change, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice. We may at any time and without notice except where required by applicable law terminate our agreement with you if: (a) you violate any provision of these Terms or of any other agreement you have concluded with us; or (b) if we decide to terminate the subscription program or to cease offering subscriptions on a specific item.
Should you have any questions regarding these Terms you may contact us at customercare@charlottetilbury.com.
Last revised: August 2023
App Terms of Use
PLEASE READ THIS APP END USER AGREEMENT (THE “TERMS”) CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
WHO WE ARE AND WHAT THESE TERMS DO
We CHARLOTTE TILBURY BEAUTY CANADA INC., a company registered in Canada (company registration number is 926227-0), whose registered office is at 160 Elgin Street, Suite 2600, Ottawa, Ontario, K1P 1C3. (“CTBC”) license you to use: · Charlotte Tilbury mobile application software (“App”) and any updates or supplements to it. · The related online documentation (“Documentation”). · The service you connect to via the App and the content we provide to you through it (Service). as permitted in these terms.
Please note that this App is intended for residents of Canada. If you reside in another jurisdiction, this App may not be suited to your needs and its use may not be appropriate. For versions of the App intended for use outside Canada, please visit the app settings and select the country that you reside in. By downloading or using the App, Documentation or Service, you are: (i) indicating your acceptance of, and agreement to be legally bound by, all of these Terms, as they govern your access to and use of the App, Documentation and Service, and any material that may be available to you through the App, Documentation and Service; and (ii) agreeing to comply with all applicable laws and regulations as they may change from time to time.
YOUR PRIVACY
We use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Policy and Cookies Policy. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
GOOGLE PLAY STORE AND APPLE APP STORE TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Google Play Store Terms of Service and the Apple App Store Terms of Service. Those terms will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This app requires iOS 14.0 or later version or Android 7.0 device or later version.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://help.charlottetilbury.com/. Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our Customer Care Team at customercare@charlottetilbury.com or via the contact details linked here https://help.charlottetilbury.com/. How we will communicate with you. If we have to contact you we will do so by email or using the contact details you have provided to us.
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may: · download or stream a copy of the App onto and view, use and display the App and the Service on such devices for your personal purposes only. · use any Documentation to support your permitted use of the App and the Service. You agree to use the App only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the App. You must have reached the age of majority in your jurisdiction of residence to accept these terms and download the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. By installing the App, you are agreeing to the installation of future updates and upgrades to the App. If the App is updated or upgraded, these terms will apply to the updates and upgrades in addition to any other terms that are presented to you in connection with the update or upgrade.
Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. The App will always match the description of it provided to you when you downloaded it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them. Please review the terms of use and privacy policies of any third party sites before visiting them.
LICENCE RESTRICTIONS
You agree that you will: · not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; · not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; · not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; · not disassemble, de-compile, reverse engineer, translate or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things or authorize or assist any third party in doing such things; · not remove or alter any proprietary notice or legend regarding CTBC or any third party’s proprietary rights in the App; · not use the App: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability; and · comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must: · not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; · not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms); · not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; · not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and · not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS We grant you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the App, Documentation and Services solely with your mobile device, throughout Canada, subject to your compliance with these Terms. All intellectual property rights in the App, the Documentation and the Services throughout the world belong to CTBC (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms. Except as expressly provided, nothing herein or within the App, Documentation or Service shall be construed as conferring on you or any other person any license under any of our or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance the App, Documentation or Service in any manner whatsoever. Any rights not expressly granted to you in these Terms are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the App, Documentation or Service.
CTBC and its Affiliates (defined below) are the owners or licensees of 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 around the world existing in or in relation to the App ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity ("Affiliates”).
Any avatar animation including but not limited to avatar characters, backgrounds, props, specific animations, movements and voice performances are CTBC and/or its Affiliates IPR.
Unless you have agreed otherwise in writing with CTBC or any of its Affiliates, nothing in these Terms gives you a right to use CTBC’s or any of its Affiliates' trademarks or other IPR of CTBC or any of its Affiliates.
You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CTBC MAKES NO REPRESENTATIONS OR WARRANTIES IN RESPECT OF THE APPLICATION ANY INFORMATION THAT THE APP, DOCUMENTATION OR SERVICE MAKES AVAILABLE TO YOU. THE APP, DOCUMENTATION AND SERVICE, AND ANY INFORMATION THAT IS MADE AVAILABLE TO YOU IS PROVIDED "AS IS" AND "AS AVAILABLE" INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS PROHIBITED BY APPLICABLE LAW, CTBC, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR IT, EXPLICITLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, LEGAL, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. CTBC DOES NOT WARRANT THAT THE SERVICE WILL CONTINUE TO OPERATE OR REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. CTBC DOES NOT WARRANT THAT USE OF THE APP OR SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. CTBC DOES NOT GUARANTEE THAT THE APP WILL OPERATE ON YOUR DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR DEVICE AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE APP. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAW IS APPLICABLE TO THIS LICENSE, IN WHICH CASE CTBC'S WARRANTIES AND CONDITIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Nothing contained in the App or the Services is intended to be medical advice or to be used in the diagnosis or assessment of any health or medical condition. Please do not use the App or the Services as a substitute for medical advice, or refrain from seeking medical advice or following the advice of your medical professional based on something you read in the App or Services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these Terms.
If we end your rights to use the App and Services: · You must stop all activities authorised by these terms, including your use of the App and any Services. · You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. · We do not guarantee that our App, or any content on it, will always be available or be uninterrupted.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
To the extent permitted by applicable law, this agreement does not give rise to any rights allowing third parties to enforce any of these Terms.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
For users who are not consumers residing in the province of Quebec: These Terms are governed by Ontario law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the Ontario courts.
For users who are consumers residing in the province of Quebec: These Terms are governed by Quebec law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the Quebec courts.
MANDATORY AND BINDING ARBITRATION / NO CLASS ACTIONS / WAIVER OF JURY
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: o You are giving up your right to have a trial by jury; o 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 o 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 state 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 provincial or federal court for disputes related to a violation or possible violation of Charlotte Tilbury Beauty Canada Inc.’s intellectual property rights.
AMENDMENTS TO THESE LICENSE TERMS
We may update or amend all or any portion of these Terms from time to time to comply with applicable laws or to meet our changing business requirements. Any updates or amendments will be posted on the App.
Where required by applicable law, or at our discretion, we will notify you of any changes to this agreement at least thirty (30) days before the modification comes into effect, by email or any other contact information we have for you in our discretion. Where required by law or at our discretion, this notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If the change results in an increase in your obligations or a reduction in ours, you may cancel this agreement without cost, penalty, or cancellation indemnity, rather than accept the change, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice. To the fullest extent permitted by applicable law, by continuing to use the App, you agree to be bound by the terms of these updates and amendments.
FOUNDATION SHADE FINDER, CONCEALER SHADE FINDER, HIGHLIGTER SHADE FINDER AND BLUSH SHADE FINDER TERMS OF USE
FOUNDATION SHADE FINDER, CONCEALER SHADE FINDER, HIGHLIGTER SHADE FINDER AND BLUSH SHADE FINDER TERMS OF USE
This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Islestarr Holdings Limited, a company registered in England and Wales with company number 07712458 whose office is at 8 Surrey St, London, England, WC2R 2ND (“Licensor”, “us” or “we”).
This Licence sets out the terms on which we make available to you the Foundation Shade Finder Concealer Shade Finder, Highlighter Shade Finder and Blush Shade Finder(“Tool”) on our website www.charlottetilbury.com (“Site”) and on our app, the Charlotte Tilbury App (“App”).
We license use of the Tool to you on the basis of the terms of this Licence. We do not sell the Tool to you.
Please read this Licence carefully before using the Tool. By using the Tool, you will be deemed to have accepted and be bound by this Licence. This Licence prevails in the event of any conflict or inconsistency with any other terms or communications, including advertising or promotional materials. Please also note that the use of each of the Site and the App is subject to the Site Terms and Conditions of Use and the App End User Agreement, which apply in addition to the terms of this Licence whether or not you use the Tool.
For readers in Europe, whenever you see references to the Site Terms and Conditions of Use and App End User Agreement, please refer to our Europe Site Terms and Conditions and App End User Agreement.
For US readers, wherever you see references to the Site Terms and Conditions of Use and App End User Agreement, please refer to our US Site Terms and Conditions and App End User Agreement.
For readers in Canada, whenever you see references to the Site Terms and Conditions of Use and App End User Agreement, please refer to our Canada Site Terms and Conditions and App End User Agreement.
For readers in any other part of the world, whenever you see references to the Site Terms and Conditions of Use and App End User Agreement, please refer to the Website Terms and Conditions of Use and App End User Agreement available on the https://www.charlottetilbury.com/ website for your region.
Whilst the Tool is intended to be as accurate as possible, it is designed for general makeup shade recommendations only and does not replace professional advice. Accuracy of the analysis will be affected by variables we do not control, such as lighting and the quality of your camera.
AGREED TERMS
- GRANT, SCOPE AND RESTRICTIONS OF LICENCE
- In consideration of you agreeing to abide by the terms of this Licence, we grant you a revocable, non-exclusive, non-transferable licence to use the Tool on the terms of this Licence and solely for the purposes set out in these terms. This Licence is granted to you free of charge.
- You may use the Tool for your personal purposes only.
- Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- not to copy the Tool, except where such copying is incidental to normal use of the Tool;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Tool nor permit the Tool or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Tool nor attempt to do any such things;
- not to provide, or otherwise make available, the Tool in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
- to comply with all applicable technology control or export laws and regulations.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Tool throughout the world belong or are licensed to us and that rights in the Tool are licensed (not sold) to you. You acknowledge that, other than the right to use the Tool in accordance with the terms of this Licence, you have no intellectual property rights in, or to, the Tool or the trademarks used in connection with the Tool. Our rights in and to intellectual property and similar rights in the Tool and otherwise used in connection with the Tool are as further set out in the the Site Terms and Conditions of Use and the App End User Agreement.
- You acknowledge that you have no right to have access to the Tool in source code form other than as expressly provided in this Licence.
- LIMITATION OF LIABILITY
- Our liability under and in connection with this Licence and your use of the Tool will be governed by the Site Terms and Conditions of Use and the App End User Agreement.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- We are not liable for business losses. The Tool is for domestic and private use. If you use the Tool for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You acknowledge that the Tool has not been developed to meet your individual requirements.
- AMENDMENTS AND TERMINATION
- We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- We also reserve the right (acting reasonably) to modify, suspend or discontinue your access to the Tool, at any time for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease; and
(b) you must cease all activities authorised by this Licence.
- We may update or amend the contents and information included on the Tool as well as this Licence from time to time to comply with applicable laws and/or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site and/or the App. By continuing to use the Tool, you agree to be bound by the terms of these updates and amendments.
- COMMUNICATIONS BETWEEN US
- Should you have any questions about this Licence or if you wish to contact us for any reason, please use the Contact Us section on the Site.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- Access to your camera or to an image you choose to upload is required if you wish to have your image analysed by the Tool. We do not collect or store your image without your prior consent. You can withdraw your consent to our processing of your data at any time. The information analysed and outputs of that analysis are used to provide you with the shade match Tool service. The information is not used to identify you or verify the identity of any individual.
- We will use your personal data to make the Tool available to you, including to generate your results and make product recommendations. For more information about how we and our third-party suppliers use your personal data and for more information about your data protection rights please see our Privacy Policy. If you are based in the US, please refer to our US Privacy Policy. For readers in any other part of the world, please refer to the Privacy Policy available on thehttps://www.charlottetilbury.com/ website for your region.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These terms are governed by English law. In the event of any matter or dispute arising out of or in connection with this Licence, you and we shall submit to the exclusive jurisdiction of the English courts.
By accessing and using the Tool, or otherwise actively accepting these terms, you confirm that you accept the terms of this Licence and that you agree to comply with them.
If you do not agree to these terms, you must not use the Tool.
We recommend that you print a copy of these terms for future reference.
SHADE FINDER PROCESSING NOTICE
SHADE FINDER PROCESSING NOTICE
Last Updated: 20 November 2024
ABOUT THIS NOTICE
Charlotte Tilbury Beauty Limited (“we”, “us,” etc.) respects your privacy and is committed to protecting it. This Notice explains our practices relating to facial images processed by the Shade Finder tool.
For more information on how we use your personal data, please see our Privacy Policy. For other terms and conditions that apply to your interactions with this Shade Finder, please visit our Terms of Use.
WHAT IS BIOMETRIC DATA?
As used in this Notice, “biometric data” means: personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.
HOW YOUR DATA IS USED
If you choose to use Shade Finder, one of our “Virtual Tools”, your image will be used to provide the functionality of the Virtual Tool. In some cases, you may choose to either allow access to your camera or upload a photo in order for the Virtual Tool to complete a shade matching result personalised for you.
The facial images that you input into the Shade Finder are not classified as Biometric Data under data protection laws. These images will not be used to verify your identity, authenticate your identity, or recognise you. Instead, they will solely be used to assist in providing a personalised shade match. Therefore, Shade Finder is not a biometric recognition system.
HOW WE PROTECT YOUR DATA
We are committed to processing your data responsibly and ensuring your privacy. Any images provided will be handled with strict confidentiality and will only be used for the purpose of shade matching unless you have explicitly agreed otherwise.
Your image may be shared with or directly collected by third parties (such as our service providers) for purposes of providing you with or facilitating the Virtual Tool that you are interacting with. To the extent that we collect and subsequently disclose any facial images to third party service providers in order to facilitate our Virtual Tool, we restrict how such partners may use and share such data. They will not be shared with third parties (excluding service providers), except as required by law or with your explicit consent.
We do not share or facilitate the sharing of your image data with third parties (excluding service providers) unless you have consented to the disclosure, or where the disclosure is otherwise permitted or required by law. We never sell, lease, trade, or otherwise profit from your image data.
RETENTION AND DELETION OF YOUR BIOMETRIC DATA
Images will be deleted immediately after your Shade Finder result has been provided.
FOR MORE INFORMATION
If you have any questions or concerns about how your data is processed or stored, please feel free to contact us, please contact us at: legal@charlottetilbury.com.
Consumer Review Policy
CONSUMER REVIEW POLICY
Last Updated: April 2025
Charlotte Tilbury Beauty Limited has its registered offices at 8 Surrey Street, London, WC2R 2ND. In this Consumer Review Policy, we use “we”, “us” and “our” to refer to the head office of Charlotte Tilbury Beauty Limited at the registered office address above and our affiliates. We value your feedback on our products.
This policy (the “Policy”) sets out the rules you need to follow when leaving a product review, and how we approach product reviews. It’s important that you read and understand this Policy before leaving a product review.
THE DOS AND DON’T’S OF PRODUCT REVIEWS
DO:
- Write about what you liked or disliked about your product and your own experience using it.
- Only express opinions that you genuinely hold.
- Be accurate with your review.
- If you have been incentivised to leave a review (for example, you received any kind of incentive to leave a review such as being given the product for free, receiving a discount in return for leaving a review or you have some kind of financial connection with Charlotte Tilbury), always ensure you mark your review as “incentivised”. If you are taking part in an incentivised review program, your product review will automatically be marked as “incentivised” (please see below for more information).
- Make sure you review also complies with our Terms & Conditions of Use – in particular, the “User Content” section.
- Always comply with the law.
DON’T:
- Leave reviews that may be deceptive or misleading.
- Conceal if a product review has been incentivised.
- Leave a review if you haven’t used the product you are reviewing or leave a review that isn’t based on your own experience.
- Use inappropriate language, be offensive, hateful or inflammatory.
- Post the same review multiple times.
- Include people’s full names, personal information or contact information in your review.
- Suggest your review is the opinion of another person or company if you are not authorised to represent them.
- Stray off topic – your review should be about a product you have reviewed.
- Link to URLs.
- Include any illegal content in your review.
HOW PRODUCT REVIEWS WORK
Our reviews
We do not allow fake reviews or concealed incentivised reviews on our website. Please ensure you follow the “Do’s and Don’ts” above when leaving a product review. We reserve the right to remove any product reviews that do not comply with this Policy. If we suspect you have left a product review that does not comply with this Policy, we may restrict your ability to post product reviews in the future.
Reviews are displayed in order of relevance. What is most relevant depends on a number of factors including how recent the review is, how helpful other users find the review, how detailed the review is etc. If you like, you can sort and/or filter reviews by date (most recent to least recent), review score etc.
If you come across a product review that does not comply with this Policy, please report this to us. You can do this by using the Contact Us section on the website.
Please be aware that product reviews are intended for publication to help other customers learn more about product experience. Product reviews are not intended as a means of contacting us. If you would like to contact us with a query or complaint, you can do so by using the Contact Us section on the website.
When and how you can you submit a review
If you have purchased a product from us, you will be sent an email with a link that allows you to leave a product review.
You may also be offered the opportunity to leave an incentivised review (please see below for more information).
Incentivised reviews
Some users may be invited to participate in an incentivised review program. This means a user will receive a benefit by leaving a review – for example, they may be given the product they are to review for free.
Product reviews are most valuable when they are honest and unbiased. Therefore, it is particularly important that anyone who has been incentivised to leave a review discloses this by marking the review as “incentivised” before it is submitted. If you are taking part in an incentivised review program, your product review will automatically be marked as “incentivised”.
You can see which reviews have been incentivised as they will include a note (such as “Received Free Product”) saying the reviewer received an incentive for the review.
UPDATES TO THIS POLICY
We may change this Policy from time to time. When we post changes to this Policy, we will revise the “Last Updated” date at the top of this Policy.
CONTACT US
If you have questions about this Policy, you can do this by using the Contact Us section on the website.