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TERMS & CONDITIONS

Website Terms & Conditions of Use

Terms and Conditions of Use

Use of the Website

Welcome to our US site for www.charlottetilbury.com/us/ (the “Website”). References to “we”, “us” and/or “our” throughout the Website”) is to Charlotte Tilbury Beauty Inc (“CTBI”).

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 Privacy Policy, our Cookies Policy and our terms and conditions of sale accessible online (“Terms of Sale”).

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, the 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

CTBI is a company registered in Delaware (company registration number is 5493834), whose registered office is at National Registered Agents Inc, 160 Greentree Drive, Suite 101, Dover, DE 19904.

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, 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.

Your Account

In order to use certain features of the Website, you must register for an account (“Account”). You must be over the age of majority in your jurisdiction of residence at which an individual can enter into a legal contract to register for an Account. You are solely responsible for ensuring that the use of the Website in accordance with the Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Website.

As part of the registration process, you will be required to provide us with certain information, such as your name, email address, country of residence and a password that is unique to the Account. You may also be required to provide us with payment and banking information to facilitate payments from your Account. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to transfer or sell your Account to any other person.

You are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.

You have the right to close your Account at any time once all obligations associated with the Account have been completed.

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

CTBI 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 CTBI or any of its Affiliates, nothing in these Terms of Use gives you a right to use any of the Content, CTBI’s or any of its Affiliates’ trademarks or other IPR of CTBI 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 authorized 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 that you intend to post or upload to our Website or provide to us via this Website:

  • 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 organization;
  • 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 up 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.

It is our policy not to accept or consider creative ideas, proposals or submissions via this Website, so please do not submit them or otherwise post them on our Website.

Warranty Disclaimers; Limitation of Liability

This Website and its content are provided on an “as is” basis and are used at your sole risk. We disclaim all representations, warranties, conditions and terms express or implied to the fullest extent permitted by law, including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, completeness, accessibility, compatibility, security and freedom from computer virus. If applicable law does not allow the exclusive of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by law.

We accept no liability for and shall not be responsible for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use or your use of this Website, even if we had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Our entire liability and your exclusive remedy with respect to any dispute with us (including without limitation your use of this website) is to discontinue your use of the Website.

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.

Any material and information presented by CTBI 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. CTBI 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.

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

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 and Cookies Policy) or are required by 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 law 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 a beneficiary of or entitled to enforce any of these Terms of Use.

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 the laws of the State of Delaware, without regard to the conflicts of laws principles thereof. 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 courts of competent jurisdiction located in New York, New York.

Last Revised: December 2018

Promotions & Competitions

Terms & Conditions : Charlotte Tilbury Airbrush Bronzer Competition

1. The Promoter

Islestarr Holdings Limited a company registered in England and Wales with company number 07712458 whose office is at 8 Surrey Street, London, United Kingdom, WC2R 2ND (the “Promoter” or “We”). Contact email: customercare@charlottetilbury.com.

2. The Competition & Prize

2.1. Find and click on the hidden Airbrush product on www.charlottetilbury.com and enter your details for the opportunity to win the NEW AirBrush Bronzer, NEW LIMITED EDITION Desert Haze Luxury Palette and NEW Air-Brush brush (Prize). There is 1 Prize to be won.

2.2. Prizes are subject to availability. 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.

2.3. 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 above and for the specified periods of time (where applicable).

2.4. The participant 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).

3. How To Enter

3.1. The Competition will run from 00.00am 11th May 2020 till 11.59pm 17th May 2020 (“Closing Date”). Entries made before or after these dates and times shall not be eligible.

3.2. To enter the Competition, find and click on the NEW Airbrush product hidden on www.charlottetilbury.com and enter your details on the sign up page.

3.3. The Promoter will not accept responsibility for entries that are incomplete, lost, 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.

3.4. By entering, all participants will be deemed to have read, accepted and be bound by these terms and conditions, any other requirements set out in the promotional material for the Competition (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

4. Eligibility

4.1. You must be aged 16 or over to enter the Competition.

4.2 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).

4.3. Due to restrictions in some countries, this Competition is only open to entrants located in one of the Participating Countries. Proof of residence may be required in order to redeem the Prize. Any entries from a country outside the Participating Countries will be void.

4.4. 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 stockists and retailers in the Participating Countries; or

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

4.5. Only one entry for each entrant will be considered, multiple entries will not be counted.

4.6. In entering the Competition, entrants confirm that they are eligible to do so and eligible to claim the Prize. The Promoter may require entrants to provide proof of such eligibility. By entering the Competition, all participants warrant that all information submitted by them is true and accurate.

4.7. 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 and conditions, relevant laws and/or regulations and/or third party rights.

4.8. If the Promoter subsequently discovers the winning entrant is ineligible, has breached these terms and conditions 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 at random. 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.

4.9. Entries cannot be returned.

5. Winner announcement

5.1. Winner will be randomly selected by a computerised random generator from only the correctly answered entries received before the Closing Date.

5.2. The winner will be contacted via email on 19th May 2020 (Announcement Date).

5.3. The Promoter will not amend any contact information once the entry form has been submitted.

5.4. The Promoter will send the name and county of the winner to anyone who writes within one month after the Closing Date of the Competition requesting details of the winner and who encloses a self-addressed envelope to the address set out in Condition 1. The Promoter will only publish the winner list with the relevant consent from the winner.

6. Claiming the Prize

6.1. The Promoter will make all reasonable efforts to contact the winner. If the winner 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.

6.2. 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.

6.3. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

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

7. Limitation of Liability

7.1. 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 and conditions or if the Competition does not run as planned.

7.2. 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 participants of any such failure.

7.3. Nothing in these terms and conditions shall operate to exclude the Promoter’s liability:

(a) for death or personal injury as a result of its negligence;

(b) for fraud; or

(c) further than is permitted by law.

8. Data Protection and Publicity

8.1. 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:

a. to enable it to administer entrants’ entry including deciding whether it accords with these terms and conditions;

b. to notify entrants if they are the winning entrant;

c. to share with organisations or agents assisting with the conduct of the Competition and fulfilment of the prize;

d. to announce the winner of the Competition in any media or press and to respond to others’ enquiries as to who the winner is; or

e. for any other reasonable and related promotional purposes.

8.2. 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 8.1 above.

8.3. 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;

http://www.charlottetilbury.com/ie/help/security-privacy;

http://www.charlottetilbury.com/nl/help/security-privacy;

http://www.charlottetilbury.com/au/help/security-privacy;

http://www.charlottetilbury.com/us/help/security-privacy;

http://www.charlottetilbury.com/ca/help/security-privacy

8.4. The 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.

9. General

9.1. 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 and conditions at any time without prior notice.

9.2. 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.

9.3. 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.

9.4. The Promoter shall be entitled to assign the benefit of these terms either in 10hole or in part to any of its subsidiary or associated bodies or successors in title and/or any third party.

9.5. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.