TERMS & CONDITIONS

Website Terms & Conditions of Use

Terms and Conditions of Use

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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

Charlotte Tilbury Terms and Conditions For Virtual Tilbury Transformations

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TERMS AND CONDITIONS FOR VIRTUAL TILBURY TRANSFORMATIONS

1. The Provider

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 “Provider” or “we” or “our” or “us”). Contact email: customercare@charlottetilbury.com.

2. The Service

On-Line Make Up Artist Consultations. On-Line appointments for Make Up Artist Consultations with a Charlotte Tilbury Make Up Artist (MUA) will be available to book online using the Appointed app on a first come first serve basis booked via the Appointed app at https://www.charlottetilbury.com/uk/content/virtual-consultation-with-team-tilbury (Appointment). These Appointments may be either fifteen minutes in duration and free of charge (Free Appointment) or thirty minutes in duration and the applicable purchase fee paid at the point of making the appointment (Paid For Appointment).

Customers purchasing a Paid For Appointment will receive a discount code to the value of the Paid For Appointment to redeem against a purchase of products on https://www.charlottetilbury.com/uk, subject to certain conditions outlined at paragraph 4 below (Discount Code)

For any questions about the Service, contact: virtualteamtilbury@charlottetilbury.com

3. Booking an Appointment

3.1 Any Appointment must be booked via the Appointedd app on https://www.charlottetilbury.com/uk/content/virtual-consultation-with-team-tilbury:

3.2 The Service will be for the date and time booked via the Appointedd app, and as notified to you via email.

3.3 You can/cannot pay for a service using a gift card; any voucher, discount or promotional code; or Klarna, Afterpay or other deferred payment method made available from time to time.

3.3 Bookings for Free Appointments can be made by customers based globally. Bookings for Paid For Appointments can only be made by customers based in the UK only.

3.4 You may only book and attend up to one Free Appointment per week.

3.5 Paid For Appointments must be paid for in GBP from the UK.

4. Discount Code Eligibility & Restrictions

4.1 When you book a Paid For Appointment, you will be entitled to receive a Discount Code to the value you paid for the Paid For Appointment. This will be provided to you during your Appointment, and an email containing the Discount Code will be sent to you after the Appointment

You will not receive a Discount Code where you book a Free Appointments.

4.3 The Discount Code:

(i) will apply to all products sold on www.charlottetilbury.com/uk except for Gift Cards, Kits, already discounted products, sale items and delivery;

(ii) may only be used once. In the event that the full value of the Discount Code is not redeemed in the one transaction, any ‘outstanding balance’ will not be subsequently redeemable. In the event that the transaction exceeds the value of the Discount Code, you will be required to pay the additional amount;

(iii) cannot be used in conjunction with any other promotional or discount code, voucher or gift card (including but not limited to money-off, discount deduction or free gift);

(vi) will be valid for redemption for a period of 6 months from the date of issue;

(v) is only available to customers that purchased a Paid For Appointment, non-purchasers and/or customers that book a Free Appointment will not be eligible to receive or use a Discount Code;

5. Cancelling and Amending Your Appointment

5.1 Charlotte Tilbury retains the right to cancel, change the date and time of or amend your Appointment at any time. In the event of a Paid Appointment, where Charlotte Tilbury cancels or changes your Paid Appointment you will have the option to either change or cancel at the time of notification, and in the event that you cancel the Paid Appointment, receive a full refund. If you opt to cancel and receive a full refund, you will not receive a Discount Code.

5.2 You can cancel, amend or reschedule your Appointment by notifying us at least two hours prior to the Appointment time via virtualteamtilbury@charlottetilbury.com. Please note that this mailbox will only be manned in UK Business hours 9am to 6pm GMT. Any amendments and/or rescheduled Appointments are subject to availability. If you do not cancel, amend or reschedule your Appointment in accordance with this clause 5.2, we are under no obligation to acknowledge or process such request and you will not be entitled to cancel, to rescheduled the Appointment, nor to a refund and you will not receive a Discount Code (in the case of a Paid For Appointment)

5.4 Where you have cancelled or not attended a Paid For Appointment, you will only be entitled to a refund provided that it is validly cancelled in accordance with this clause 5.

6. Your Appointment

6.1 Prior to your Appointment, you will be invited to complete a Pre-Consultation Questionnaire. This is not compulsory, but will assist the MUA to provide you with a more tailored service. If you choose to provide this information, any personal data you provide will be treated in accordance with our privacy policy.

6.2 Only one person may attend the Appointment.

6.3 If you do not join within the first ten minutes of the Appointment then we are under no obligation to go ahead with the Appointment and may cancel it at our discretion, without any obligation to provide you a refund or rescheduled Appointment. If the MUA does go ahead with the Appointment, it will not run over the allotted time, even if the Appointment starts late.

6.4 If you do not attend your appointment or you fail to comply with the requirements under these T&C’s you will not be entitled to cancel or reschedule the Appointment.

6.5 We will not record the Appointment (video and/or audio) and you must not record it either. This is to protect your privacy and that of our MUA.

6.6 The type of Appointments available (e.g. skincare, foundation, eye etc.) will be at our discretion, and made available on https://www.charlottetilbury.com/uk/content/virtual-consultation-with-team-tilbury. We cannot guarantee availability of Appointments, and reserve the right to change or cancel them at any time.

6.7 During an Appointment a MUA reserves the right to cancel or abort the Appointment at any time, should they feel it appropriate to do so.

6.8 Any information and/or product recommendations made by a MUA are for informational purposes only.

6.9 All Appointments will be carried out in the English language.

6.10 You will not be able to select a specific MUA to carry out your Appointment, and the MUA selected for your Appointment will be entirely at our discretion and subject to change at any time.

6.11 The Appointment transmission will pass over public telecommunications networks. We make no representation or warranty that the operation of the Appointment will be uninterrupted or error free and disclaim all liability in respect thereof.

6.12 The Service will at all times be subject to the Website Terms and Conditions of Use and, where a Service is a Paid For Appointment, the Terms & Conditions of Sale. In the event of a conflict, these Terms and Conditions for Virtual Consultations shall take precedence.

7. Additional Service Requirements

7.1. The Service is only available to eligible customers that have booked an Appointment as outlined above.

7.2. By attending an Appointment, you will be deemed to have read, accepted and be bound by these terms and conditions, the Website Terms and Conditions of Use, the Terms & Conditions of Sale, our Privacy Policy and any other requirements set out in the materials for the Appointment (in the event of a conflict, the requirements set out in the materials for the Appointment 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.

7.3. In booking an Appointment, participants confirm that they are eligible to do so and are eligible to redeem the Discount Code. The Provider may require participants to provide proof of such eligibility. By booking and an attending an Appointment, you warrant that all information submitted by you is true and accurate.

7.4. The Provider reserves the right at its sole discretion to disqualify from further participation in the Service and prevent from making any Appointment or further Appointment any individual it has reason to believe is acting in any manner deemed by the Provider to be in violation of these terms and conditions, relevant laws and/or regulations and/or third party rights. This may include revoking the right to attend the Appointment and/or use the Discount Code.

7.5. If the Provider subsequently discovers any redeemer of the Discount Code is ineligible, has breached these terms and conditions or is suspected of engaging in any other foul play or unethical conduct, then the Provider reserves the right (at its absolute discretion) not to honour the Discount Code to that individual.

8. Limitation of Liability

8.1 The Limitation of Liability under the Website Terms and Conditions shall apply, but in addition The Provider is not responsible for any damage or loss suffered by any participant where such damage or loss was not at the time the Appointment was made a reasonably foreseeable consequence of a breach of these terms and conditions or if the Appointment does not run as anticipated or planned.

8.2 The Provider will not be held responsible for the failure to fulfil the obligations of third parties involved in the provision of this Service, although the Provider will always endeavour to minimise the effect to the participants of any such failure.

8.3 Nothing in these terms and conditions shall operate to exclude the Provider’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.

9. Data Protection and Publicity

9.1. By using the Service and booking and attending an Appointment, participants acknowledge that the Provider (and its group companies on its behalf), may process, store, distribute and/or use the information (including personal data) participants provide in their entry and in the process of entering for the following purposes which are in the Provider’s legitimate interests under data protection laws:

(a) to enable it to book, administer and fulfil your Appointment including deciding whether such Appointment it accords with these terms and conditions;

(b) to fulfil the Discount Code;

(c) to share with organisations or agents assisting with the conduct of the Services and fulfilment of the Discount Code; or

(d) for any other reasonable and related purposes.

9.2. For the purposes of the Services, the Provider will only disclose participants’ personal data to those of its group companies and third party service providers who need it for the purposes listed in paragraph 6.1 above and as set out in the privacy policy.

9.3 For further information about how the Provider uses personal data and the rights available under data protection laws, please read the Provider’s privacy policy at https://www.charlottetilbury.com/social/help/security-privacy.

10. General

10.1. The Provider reserves the right to hold void, suspend, cancel, or amend the Services and any Appointment under the Services where it becomes necessary to do so without prior notice. The Provider reserves the right to cancel, amend the time and/or date of or replace an Appointment, its content and/or its presenters. The Provider reserves the right to cancel or amend these terms and conditions at any time without prior notice.

10.2. By using the Services, the participant indemnifies the Provider 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 participant of any agreement, conditions, obligation or warranty on the part of the participant herein. The participant hereby waives and releases the Provider 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.

10.3. 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.