TERMS & CONDITIONS

Website Terms & Conditions of Use

Terms & Conditions of Use

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USE OF THE WEBSITE

Welcome to our UK site for https://www.charlottetilbury.com/uk (the \"Website\"). References to “we”, “us” and/or “our” throughout the Website”) is to Charlotte Tilbury Beauty Limited (“CTBL”).

The use of the Website is governed by these terms and conditions (“Terms of Use”).

These Terms of Use should be read alongside, and are in addition to our terms and conditions of sale accessible online (“Terms of Sale”) and our Privacy Policy and Cookies Policy to understand how we collect and process your personal data.

Please read these Terms of Use carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and Cookies Policy and the Terms of Sale (each as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.

ABOUT US

CTBL is a company registered in England and Wales (company registration number is 08037372), whose registered office is at 8 Surrey Street, London, United Kingdom WC2R 2ND. Our VAT number is GB 267 5528 69.

Should you have any questions about these Terms of Use or wish to contact us for any reason, please use the Contact Us section on the website.

YOUR USE OF THE WEBSITE

You agree to use the Website 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 Website.

You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, 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”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. You are not entitled to make recordings of the Website or any Content.

YOUR ACCOUNT

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 password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. 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. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms of Use and the Terms of Sale, and to the extent you do not have such authority you agree to be bound to these Terms of Use and the Terms of Sale and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

ORDERING PRODUCTS

You acknowledge and agree that, in addition to these Terms of Use, the Terms of Sale apply to any transaction you make through the Website. By entering any transaction through the Website, you agree that you have read, understood and agree to our Terms of Sale (including as amended from time to time).

INTELLECTUAL PROPERTY RIGHTS

CTBL 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 Website (\"IPR\"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

Unless you have agreed otherwise in writing with CTBL or any of its Affiliates, nothing in these Terms of Use gives you a right to use any of the Content, CTBL’s or any of its Affiliates' trademarks or other IPR of CTBL or any of its Affiliates. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.

You are permitted to use the Content only as expressly authorised by us.

You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.

You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact Us section for more details).

USER CONTENT

Whenever you post content, such as a product review, to our Website you must comply with the provisions set out below:

You may only use this Website for lawful purposes. You must ensure that any comment or activity that you intend to post or upload to our Website or provide or make to us via this Website or any function of this Website including 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 libellous or defamatory;
  • Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Does not infringe any 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); and
  • Only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).

You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us and keep us indemnified for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these Terms of Use. We reserve the right to remove material from the Website at any time without notice. We have the right to disclose your identity and other relevant information to law enforcement authorities as we consider necessary. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

LIMITATION OF LIABILITY

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

Nothing in these Terms of Use shall limit our liability for personal injury, death or fraud.

Any material and information presented by CTBL 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 or medical resource. 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. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. CTBL does not give or intend to give any answers to medical related questions and does not represent itself as a physician nor is this implied.

THIRD PARTY LINKS

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.

PRIVACY AND PERSONAL INFORMATION

We will not sell, distribute or lease your personal data to third parties. However, we may share your personal data with third parties where we have your consent to do so (as per our Privacy Policy & Cookies Policy) or are required by applicable law to do so.

TERMINATION AND SUSPENSION

We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website with immediate effect if you breach any of these Terms of Use.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

AMENDMENTS TO THESE TERMS OF USE

We may update or amend these Terms of Use from time to time to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

FURTHER KEY TERMS

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

Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the 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. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.

Last Revised: May 2020

Promotions & Competitions

Charlotte Tilbury Terms and Conditions: #TodayIWillBe

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PROMOTOR

Charlotte Tilbury Beauty Limited, a company registered in England and Wales with company number 08037372, whose office is at 8 Surrey St, London, England, WC2R 2ND, (the “Promoter” or “We”). Contact email: customercare@charlottetilbury.com.

COMPETITION

#TodayIWillBe UGC competition running on Instagram. To enter, you must SHARE a picture of your favourite ICONIC look from our 10 Looks makeup wardrobe on your Instagram feed, tag @ctilburymakeup and hashtag #TodayIWillBe followed by WHO YOU WILL BE. in the caption. Competition is open from Monday 22nd June at 5pm GMT until Friday 24th July 5pm GMT. There will be 5 winners of the Prize, one winner to be picked every week. Winning entries will be re-posted on our social media channels.

PRIZE

There will be 5 winners in total. Each winner will win a full Charlotte Tilbury Iconic Look from the following options:

The Supermodel, The Golden Goddess, The Queen of Glow, The Bella Sofia, The Vintage Vamp, The Uptown Girl. The Bombshell, The Rock Chick, The Rebel and The Sophisticate.

a) There is no cash alternative for the Prize and the Promoter reserves the right to substitute the Prize with a prize of equal or greater value.

b) The Promoter is not responsible for any additional costs and/or expenses in relation to the Prize other than any specifically listed as part of the Prize and for the specified periods of time (where applicable).

COMPETITION PERIOD

The Competition will run from 5pm GMT on Monday 22nd June to 5pm GMT on Friday 24th July. Entries made before or after these dates and times shall not be eligible.

HOW TO ENTER

To enter:

1. You must meet the Eligiblity criteria set out below.

2. Follow @ctilburymakeup on Instagram (the “Platform”);

3. SHARE a picture of your favourite ICONIC look from our 10 Looks makeup wardrobe on your Instagram feed, tag @ctilburymakeup and hashtag #TodayIWillBe followed by WHO YOU WILL BE. in the caption.

4. By entering the Competition, entrants confirm that they have read and agree to be bound by these Terms and all rules and guidelines applicable to the use of the Platform including the rules located at: https://help.instagram.com/581066165581870

5. Entrants may enter multiple times.

WINNER SELECTION AND NOTIFICATION

a) Winners will be selected based on quality of makeup, quality of image and creativity by an in-house panel of judges.

b) The winners will be announced on @ctilburymakeup Instagram stories on the following dates – 26th June, 3rd July, 10th July, 18th July, 24th July (“Announcement Dates”), with their entry reposted on our social media channels.

c) The Promoter will send the name and country of the winners to anyone who writes within one month after the Closing Date of the Competition requesting details of the winners and who encloses a self-addressed envelope to the Promoter's address set out at the beginning of these Terms.

ELIGIBILITY AND PARTICIPATING COUNTRIES

a) You must be aged 18 or over to enter the Competition.

b) In entering the Competition, entrants confirm that they are eligible to do so and eligible to claim the Prize. By entering the Competition, all entrants warrant that all information submitted by them is true and accurate.

c) The Competition is open to all person resident in the following countries at the date of their entry if eligible to enter: the United Kingdom, USA, Canada (excluding Quebec); Australia; and Europe (see list below) (together the “Participating Countries”). For this Competition, “Europe” includes the following countries: Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Latvia, Liechtenstein, Lithuania, Luxembourg, Montenegro, Netherlands, Norway, Poland, Republic Of Ireland, Romania, Serbia, Slovakia, Slovenia, Sweden, Switzerland, The Balearic Islands (Mallorca, Menorca, Ibiza and Formentera).

d) It will be the Promoter’s sole decision as to whether any eligibility requirement has or has not been met and the Promoter may require evidence or confirmation from entrants before awarding prizes.

e) Where legally required to do so, the Promoter can provide translations of these Terms in the languages of the Participating Countries upon request.

EXCLUSIONS

The following groups are excluded from participating:

a) Employees of the Promoter and its associated companies or group companies;

b) Anyone professionally associated with the Competition, including employees of Charlotte Tilbury Beauty stockists and retailers in the Participating Countries; and

c) Members of the immediate families or households of (a) to (b) above.

a) The Promoter will make all reasonable efforts to contact the winners. If the winners cannot be contacted or is not available or has not claimed their prize within 7 days of the Announcement Date, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received before the Closing Date.

b) The Prize may not be claimed by a third party on the entrant’s behalf. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

c) The Prize will be dispatched to the postal address supplied by the winning entrant via recorded delivery within 28 days of the Announcement Date. The Promoter accepts no responsibility for the prize being lost or delayed in the post.

CLAIMING THE PRIZE

a) The Promoter will make all reasonable efforts to contact the winners. If the winners cannot be contacted or is not available or has not claimed their prize within 7 days of the Announcement Date, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received before the Closing Date.

b) The Prize may not be claimed by a third party on the entrant’s behalf. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

c) The Prize will be dispatched to the postal address supplied by the winning entrant via recorded delivery within 28 days of the Announcement Date. The Promoter accepts no responsibility for the prize being lost or delayed in the post.

INTELLECTUAL PROPERTY

a) All entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.

b) By submitting your entry and any accompanying material, you agree to: (i) assign to the Promoter all your intellectual property rights with full title guarantee; and (ii) waive all moral rights in and to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled to under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

c) All entrants agree for the Promoter to use, display, publish, transmit, copy, edit, alter, store or re-format entries and make entries available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the Competition to the extent permitted by applicable law.

d) By submitting their entry, entrants confirm that:

(ii) images and other submissions are original works, are not defamatory and do not infringe third-party rights;

(iii) there are no conflicting agreements in place that restrict usage of these images or other submissions;

(iv) they have consent to use any third-party image in the entry and rights have been waived for that use (if a third-party image is of a person under 18, parental or guardian consent must be given);

(v) they will produce evidence of any required consents at the Promoter’s request, or risk being disqualified from entering the Competition; and

(vi) If the Competition require entrants to submit any photographs that they are the person in the photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry.

DATA PROTECTION AND PUBLICITY

a) By entering the Competition, entrants acknowledge that the Promoter (and its group companies on its behalf), may process, store, distribute and/or use the information (including personal data) entrants provide in their entry and in the process of entering for the following purposes which are in the Promoter’s legitimate interests under data protection laws: (i) to enable it to administer entrants’ entry including deciding whether it accords with these Terms; (ii) to notify entrants if they are the winning entrant; (iii) to share with organisations or agents assisting with the conduct of the Competition and fulfilment of the prize; (iv) to announce the winners of the Competition in any media or press and to respond to others’ enquiries as to who the winners are; or (v) for any other reasonable and related Competition purposes.

b) For the purposes of the Competition, the Promoter will only disclose entrants’ personal data to those of its group companies and third-party service providers who need it for the purposes listed in paragraph a) above.

c) For further information about how the Promoter uses personal data and the rights available under data protection laws, please read the Promoter’s privacy policy at http://www.charlottetilbury.com/uk/help/security-privacy

d) Prize winners agree to participate in all reasonable promotional activity (such as publicity and photography) surrounding the winning of the Prize and redemption of the Prizes, free of charge, and they consent to the Promoter using their name and image in promotional material including on social media.

GENERAL

a) The Competition is free to enter, no purchase is necessary.

b) If the Prize involves fixed dates, it is the responsibility of the winning entrant to ensure that they and any nominated guest (if applicable) are available.

c) The winning entrant and his/her guest (if applicable) shall not, while using the Prize, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).

d) The Promoter will not accept responsibility for entries that are incomplete, lost, damaged or delayed in transit (if applicable), regardless of cause, including, for example as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

e) The Promoter reserves the right at its sole discretion to disqualify from further participation in the Competition any individual it has reason to believe is tampering with the operation of the Competition, or to be acting in any manner deemed by the Promoter to be in violation of these Terms, relevant laws and/or regulations and/or third-party rights.

f) If the Promoter subsequently discovers the winning entrant is ineligible, has breached these Terms or is suspected of engaging in any other foul play or unethical conduct, then the Promoter reserves the right (at its absolute discretion) not to award the prize to that entrant and award the prize to another entrant who will be selected by the Promoter. In that event the original winning entrant agrees to return the prize (at his/her expense) immediately to the Promoter no alternative prize will be awarded to the original winning entrant.

g) The Promoter is not responsible for any damage or loss suffered by any entrant where such damage or loss was not at the time the entry into the Competition made a reasonably foreseeable consequence of a breach of these Terms or if the Competition does not run as planned.

h) The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Competition, although the Promoter will always endeavour to minimise the effect to the entrants of any such failure.

i) Nothing in these Terms shall operate to exclude the Promoter’s liability: (i) for death or personal injury as a result of its negligence; (ii) for fraud; or (iii) further than is permitted by law.

j) The Promoter reserves the right to hold void, suspend, cancel, or amend the Competition where it becomes necessary to do so without prior notice. The Promoter reserves the right to cancel or amend these Terms at any time without prior notice.

k) By entering the Competition, the entrant indemnifies the Promoter against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein. The entrant hereby waives and releases the Promoter and each of its parent, affiliated, subsidiary and/or related entities and parties from any claim, action or demand arising out of or in connection with the use of the entry.

l) Where the Competition is hosted by a social networking site, the Competition is in no way sponsored, endorsed, administered by or associated with that social networking site and the entrant indemnifies the social networking site against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by the social networking site in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant.

m) The Promoter shall be entitled to assign the benefit of these terms either in whole or in part to any of its subsidiary or associated bodies or successors in title and/or any third party.

n) These Terms shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.