TERMS & CONDITIONS
Website Terms & Conditions of Use
Terms and Conditions of Sale
Terms and Conditions of Sale
If you are purchasing or have purchased Charlotte Tilbury Product(s) from a third-party retailer or reseller, these Terms of Sale will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
Charlotte Tilbury Beauty Inc (referred to in these Terms of Sale as “CTBI”, “we”, or “us”) is a company registered in Delaware, whose registered number is 5493834 and whose address is at 524 Broadway, New York, NY 10012.
Should you have any questions about these Terms of Sale or wish to contact us for any reason, please use the Contact Us section on the Website.
By ordering any Products from us, you confirm that you are: (a) a resident of the United States; and (b) ordering Products for delivery in the United States.
If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.
Product descriptions and Pricing
All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
The packaging of the product may vary from that shown in images on our website.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.
All prices shown on the Website are in United States dollars. Prices shown on the Website do not include applicable sales tax, shipping, gift packaging or other charges, which will be added to any order you place and summarized for you at checkout.
Although we use reasonable efforts to keep prices up-to-date on the Website, we reserve the right to alter prices at any time.
Any material and information presented by 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. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.
You acknowledge that, as between you and us, CTBI, our licensors and any CTBI Affiliates (defined below) own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
If any IPR vests in you, whether by operation of law or otherwise, you agree to assign and hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale. You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.
How to order Products
When you have found a Product on the Website that you would like to buy, please click on the button labelled "ADD TO BAG". This will add your Product to a virtual "make-up bag" (the “Bag”). You can then proceed to pay for the Products in your Bag by clicking on the Bag icon and then clicking “Checkout”. Alternatively, you can continue browsing the Website and add additional Products to your Bag.
You can see what Products are in your Bag at any time by clicking on the Bag icon and then the button labelled “GO TO MY BAG”. If you wish to remove a Product from your Bag, simply click on the “X” under the header “Remove” next to the relevant Product. You can pay for the Products in your Bag at any time by clicking the button labelled “PROCEED TO CHECKOUT”.
When you click the “PROCEED TO CHECKOUT” button, you may be asked to choose two complimentary samples to add to your Bag, subject to availability while supplies last.
Once you have clicked on “PROCEED TO CHECKOUT” you will be given the option to Register or Checkout as a Guest. You will then be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All fields with an asterisk must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy.
Our contract with you
Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “Place Order” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A shipping confirmation email, including a tracking number will be sent when your order leaves our warehouse, which will signal our acceptance of your order. If we are unable to accept your order, we will inform you by contacting the email and/or billing phone number provided at the time you placed your order, and will not charge you for the Product(s). This might be because (i) the Product is out of stock, (ii) we have identified an error in the price or description of the Product; or (iii) we are unable to obtain authorization for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.
We reserve the right to refuse any order placed with us. We may, in our discretion, limit or cancel quantities purchased.
The contract will be concluded in English.
Payment for the Products
All Products will remain our property until we have received payment in full for those Products. If you return any Products, your refund will be processed only upon receipt by us of the applicable Products.
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. Please note that we will collect, store and use your information in accordance with our Privacy & Cookies Policy.
All card payments are subject to authorization by your card issuer. If your payment is not authorized, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If for any reason your card issuer cancels payment for the Products after they have been shipped to you, upon written notification from us (which may be by e-mail), you must return those Products to us at your own expense or provide an alternate source of payment for the Products. If you fail to do so within 2 weeks of notification from us, without limiting any other remedies that may be available to us, we may arrange to collect the Products or amounts due from you at your expense (including by use of a third party collection agency, if necessary).
If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
Delivery of the Products
For information on shipping including shipping costs and estimated delivery times please see the Shipping policy on our Website.
Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will either (i) be retained by the delivery company for a reasonable period of time and then returned to us or (ii) will be left in your designated “safe place” if you selected this option. If you choose to have your order delivered to a safe place, please select from one of the chosen safe places on the list and ensure that the safe place you choose is protected from the elements and is guarded from public view to avoid damage and theft. However, we can't guarantee that our carriers will be able to meet these instructions under all circumstances although we will endeavour to accommodate your request. You acknowledge that you are fully responsible for any order left in your chosen safe place.
If Products are returned to us by the delivery company due to their inability to deliver the Products to you, 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. Products will be considered delivered once they are left in your designated safe place, if applicable.
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.
Our liability to you
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, 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 of Sale, 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 Products.
We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud.
This clause does not affect your statutory rights as a consumer.
Returns and Refunds under our Refunds Policy
We hope you love your purchases, but if for any reason you do need to return something to us, we’ve made it as simple as possible. Please see our Returns & Exchanges Policy for details.
Other important terms
We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website and the date of the most recent update will be noted below.
These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be a beneficiary of or entitled to enforce any of these Terms of Sale.
These Terms of Sale 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 Sale, you and we shall submit to the exclusive jurisdiction of the courts of competent jurisdiction located in New York, New York.
Last Revised: December 2017
Terms and Conditions of Use
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”).
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.
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
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
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).
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.
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).
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 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.
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
Termination and Suspension
Charlotte Tilbury Messaging Terms & Conditions
These Charlotte Tilbury Text Program Terms (“Messaging Terms”) apply to your participation in the Charlotte Tilbury Beauty Inc. (“Charlotte Tilbury,” “we” or “us”) short message service program. Please read these Messaging Terms carefully, including the Dispute Resolution section which includes a mandatory arbitration provision requiring that disputes be resolved by final and binding arbitration on an individual basis, not a class-wide or consolidated basis.
By participating the program you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Charlotte Tilbury, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Charlotte Tilbury reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Charlotte Tilbury also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.
Charlotte Tilbury, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).Cancellation
Text the keyword STOP to our shortcode to cancel. After texting STOP to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Charlotte Tilbury and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Charlotte Tilbury through any other programs you have joined until you separately unsubscribe from those programs.Help
Text the keyword HELP to our shortcode to return customer care contact information.Customer Care
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email email@example.com.Contact
This message program is a service of Charlotte Tilbury, located at 8 Surrey St, London, England, WC2R 2ND. Contact email: firstname.lastname@example.orgDispute Resolution
a. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Charlotte Tilbury and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(b) No Representative Actions. You and Charlotte Tilbury agree that any dispute arising out of or related to these Messaging Terms is personal to you and Charlotte Tilbury and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(c)Arbitration of Disputes. Except for small claims disputes in which you or Charlotte Tilbury seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Charlotte Tilbury seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Charlotte Tilbury waive your rights to a jury trial and to have any other dispute arising out of or related to these Messaging Terms, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Charlotte Tilbury you agree to first contact Charlotte Tilbury and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Charlotte Tilbury by email at email@example.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Charlotte Tilbury cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held telephonically. You may also elect to hold the arbitration in-person in your county of residence. You and Charlotte Tilbury agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(d) You and Charlotte Tilbury agree that these Messaging Terms affect interstate commerce and that the enforceability of this Dispute Resolution Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(e) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Charlotte Tilbury, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(f) You and Charlotte Tilbury agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Charlotte Tilbury will pay the remaining JAMS fees and costs. For any arbitration initiated by Charlotte Tilbury, Charlotte Tilbury will pay all JAMS fees and costs.
(g) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Charlotte Tilbury will not have the right to assert the claim.
(h) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Dispute Resolution Section by sending a written notice of your decision to opt out of binding arbitration (“Opt-Out Notice”) to Charlotte Tilbury by email at firstname.lastname@example.org within the above time period. In order to be effective, the Opt-Out Notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.
(i) If any portion of this Dispute Resolution Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Dispute Resolution Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Dispute Resolution Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this will be enforceable.
Terms & Conditions for LA Grove
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