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TERMS & CONDITIONS

Website Terms & Conditions of Use

Terms and Conditions of Sale

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Terms and Conditions of Sale

These Terms and Conditions of Sale ("Terms of Sale") apply whenever you order any product ("Product") through our US website www.charlottetilbury.com/us/ (the "Website") or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms and conditions of use ("Terms of Use") and our privacy and cookies policy (“Privacy and Cookies Policy”).

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

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.

About us

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.

About you

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