Terms & Conditions
This website is operated by TILT Professional Makeup LTD. Throughout the site, the terms “we”, “us”, “our” and “TILT Professional Makeup” (including variants of this name) refer to TILT Professional Makeup LTD . TILT Professional Makeup LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted on a third-party online e-commerce platform that allows us to sell our products and services to you.
|1. ONLINE STORE TERMS||15. THIRD-PARTY LINKS|
|2. GENERAL CONDITIONS||16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS|
|3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION||17. PERSONAL INFORMATION|
|4. MODIFICATIONS TO THE SERVICE AND PRICES||18. ERRORS, INACCURACIES AND OMISSIONS|
|5. PRODUCTS OR SERVICES (WITH 'PROFESSIONAL USE ONLY' AND AGE RESTRICTIONS)||19. PROHIBITED USES|
|6. ORDER PROCESS||20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY|
|7. DELIVERY||21. INDEMNIFICATION|
|8. PAYMENT, PRICING, V.A.T. & CUSTOMS||22. SEVERABILITY|
|9. RETURNS POLICY||23. TERMINATION|
|10. ACCURACY OF BILLING AND ACCOUNT INFORMATION||24. ENTIRE AGREEMENT|
|11. PAYMENT METHODS||25. GOVERNING LAW|
|12. COPYRIGHT POLICY||26. CHANGES TO TERMS OF SERVICE|
|13. MEMBER ACCOUNT, PASSWORD AND SECURITY||27. CONTACT INFORMATION|
|14. OPTIONAL TOOLS|
1. ONLINE STORE TERMS
- By agreeing to these Terms of Service, you represent that you are at least 18 years old or the age of majority in your country, state or province of residence, whichever the highest
- By agreeing to these Terms of Service, you represent that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- You warrant to be of adult age and meet the conditions outlined in Section 5 under 'Professional Use'
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice. As well as selling via the Website, we sell our product through our store. Normally, prices on the Website are the same as the prices in catalogues, or on offer in our store. However, prices may differ with a catalogue (or a store) because: (i) We have a Special Offer on the Website, in a Catalogue or in a store (ii) The catalogue you have may have been replaced by a more up to date catalogue. As a result, we cannot guarantee that all prices are the same. We reserve the right to amend prices throughout the life of the catalogue with prices being correct as of going to print. Store prices can only be met in the store where the goods are offered.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PROFESSIONAL USE ONLY
- TILT Professional Makeup operates on a ‘sell to trade'-only basis for most items. All products are sold only on the understanding that they are to be used for the purpose intended by a qualified and insured person of adult age. This means TILT Professional Makeup will accept no responsibility if the products are incorrectly used and cause any kind of harm or damage. You also acknowledge to be such a knowledgeable, qualified and insured person of adult age at the time of purchase. Therefore, TILT Professional Makeup also reserves itself the right to refuse a customer if it has grounds to believe that they are not a qualified professional.
6. ORDER PROCESS
- All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
- When you place an order on our website we shall email you an acknowledgement detailing the product you have ordered. This email is not an order confirmation or order acceptance from TILT Professional Makeup. Either way, you should contact us at email@example.com if by any reason this email has not reached you.
- Acceptance of your order for goods and the completion of the contract between you and TILT Professional Makeup will take place when your goods are dispatched: we will email you that your goods have been dispatched. A tracking number for your order dispatch will be included in this email so you can follow the progress of the delivery.
- Delivery Costs are automatically worked out as you shop (they are dependent on weight & Country/Region). If you are not based in the UK, please register your details on our website and then delivery costs will be calculated for whichever country/region you have registered under. It is your responsibility to enter the correct and accurate info for the delivery address. We will not be liable for any expenses due to a mistake you made that may result in delays, a delivery made at an incorrect address or orders returned to us that you might wish to be sent back to you again.
- Parcels delivered within the UK using the option 'STANDARD Delivery' on our website are done so by the DPD or Royal Mail companies for most of the UK, except Northern Ireland, Scottish Highlands, Scottish Islands, Isle of Wight, Channel Islands, Isle of Man and Scilly Isles. For those regions delivery is made by Royal Mail ('Next Day Delivery' for Northern Ireland is processed by 'DPD' though). Items delivered either by 'DPD' and 'Royal Mail' should usually take no more than 3 working days to reach you (counting from the day after we notified you your order was shipped and to regions where exceptions do not apply). Signature on Delivery is required and, by default, the carrier company should never leave your parcel with a neighbour (this might happen occasionally, but if you explicitly wish your parcel to be left with the nearest available neighbour make sure to state it clearly, assuming responsibility for it, using the 'Notes' field available on the checkout page of this website to convey your wish. You may not, however, designate a specific neighbour as that is at the discretion of the carrier). If no one is at home when the carrier attempts to deliver your parcel they will usually leave a card with a contact number for you to arrange a new delivery date or will designate a branch for you to retrieve the parcel personally. You can also track the progress of your parcel by accessing either the DPD' or Royal Mail's websites using the tracking code in the email that you will receive after your order has been shipped. For all deliveries, you will either receive a 'Shipping Confirmation' email from TILT, or you will receive a separate email/SMS from the carrier company handling your order. Make sure to check your email's 'Spam', 'Promotions' or 'Trash' boxes if you are missing this information as some email provider's filters may redirect these messages to those sort of locations.
- We also have available the 'Next Day Delivery' option by 'DPD' or Royal Mail's 'Special Delivery Guaranteed'. This service is NOT processed, shipped or delivered on Saturdays, Sundays and Bank Holidays. You have to have placed your order before 2:00 p.m. in the WORKING day PREVIOUS to the one (working day) you wish to receive your delivery. Both 'DPD' and Royal Mail are unable to guarantee this service for some areas of the Mainland and Islands (check with us if you have doubts about the availability of this service on your location). If you require a next day delivery on Saturday please call us before 2:00 p.m. on a Friday (or Thursday if Friday is a Bank Holiday) and we will see what we can do but please be aware it will be more expensive than other delivery options. More information on shipping of Hazardous/Flammable goods and weekend deliveries available below in General Information.
- Same-day delivery is available for phone-orders ONLY, Monday to Friday, in London-area addresses of film-studios/production & theatre companies/on-set locations. Get in touch with us on 020 7485 0500 before 2:00 p.m. to arrange a quote and give your shipping details for the service.
- For international orders inside of the European Union (excluding Cyprus, Malta, island/archipelago regions and any Overseas Territories) all parcels are delivered by 'DPD'. You will also be able track your parcel by following the links on the email sent by 'DPD' to you. In selected countries you will also receive follow-ups by SMS/mobile-messaging about the status of your order. Delivery times, on average, vary from 2 to 5 working days
- For international orders outside of the European Union (as described above) all parcels are delivered by Royal Mail International Delivery. Delivery times are, on average, 4-7 working days in Europe and 6-10 working days for other destinations. You will also be able track your parcel by accessing Royal Mail's website using the tracking code provided by us in the shipping confirmation email. Once the parcel is in transit inside your country you can usually also access your local postal service website to track your order.
- More information on shipping of Hazardous/Flammable goods and Customs charges for countries outside the European Union available below.
- TILT Professional Makeup ships in the UK and to European Union/EEA (Iceland, Norway & Lichtenstein) countries as well as to selected countries outside of the EU/EEA.
- If you do not find your destination country/region listed when registering/ordering, please contact us directly and we will be able to let you know whether it is possible to deliver there either by us or by you arranging the collection and delivery service yourself.
- Any additional country regulations, extra charges, permissions, licenses etc on importing products are the responsibility of the recipient and should be expected.
- Orders being posted outside of the EU will pass through customs and may be subject to duties & taxes which are decided by the receiving country's customs- these charges are the sole responsibility of the recipient.
- Packages may be stopped and opened by customs on entry to the receiving country, please allow extra time if this happens as it can hold up the delivery times.
- To all destinations, if you wish to have your parcel delivered by other carriers or on different terms please contact firstname.lastname@example.org or call us directly quoting your order reference to assess the feasibility of your request and calculate the extra charge incurred (if any) and bill it to you separately from your order. We will however always prefer that you arrange collection by other services different from the ones we currently use as it will make it much more likely that we can handle your request. If you do so, you will have to provide us advance warning of the arrival of the courier you hired of at least 2 hours, during normal working hours, Monday to Friday, and provide us any paperwork/labels required to fulfill the order.
- Please note that your delivery may take longer during sale, store vacations, weather/unexpected events or other busy periods and that the delivery times mentioned above are indicative-only.
- Orders placed before 2pm Mon-Fri (excluding bank/public holidays) we will endeavour to post out that same day. Orders placed during the weekend are shipped on Monday (on Tuesday if Monday is a Bank Holiday). Please note that 'Next Day Delivery' does not include processing, shipping or delivery on Saturdays, Sundays and Bank Holidays.
- please note the shopping cart will quote UK postage prices until you put in a non UK delivery address, at this stage you will be given the options for postage to your selected country/region. If you are signing on as a registered user then the shopping cart will quote postage from the country/region that you have registered under.
- We are unable to post any hazardous goods outside of mainland UK and EU (and no aerosols in the UK by standard delivery methods). Inside mainland UK and selected E.U. countries, hazardous goods can be shipped up to the amount/quantity set by the carrier of such goods. Also, check the 'Professional Use Only' section of our website. We will notify you by email if we can not fulfil any item of your order due to the above but we will, nevertheless, go ahead and send you the remaining products on your order.
- Delivery conditions apply from the date that we confirm we have posted/shipped your order successfully.
- For most of our products you can choose to arrange delivery to an address outside of mainland UK. Where restrictions apply due to logistical or legal restrictions (e.g. Flammable/Dangerous goods), TILT Professional Makeup LTD will not be able to provide delivery services to you.
8. PAYMENT, PRICING, V.A.T. & CUSTOMS
- Payment is to be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate, and may add an additional processing or administration charge which you will be liable to pay. If a refund happens, for whatever reason, we are not liable to refund any additional charge your bank/card-processor may have applied to the first payment transaction neither are we liable to match the value of the refund in your home country currency.
- We DO NOT have the facility to deduct VAT when charging for goods at our website. If E.U.-VAT registered businesses (outside of the U.K.) want to have their goods rated zero (0%) for VAT purposes they should contact us at email@example.com BEFORE placing an order, and wait for our reply. Otherwise their order will be charged at the standard UK-VAT rate on the website and no refund will be possible. Also, their VAT Registration Number needs to be verified as valid when searched in the VIES portal of the European Commission. All goods have to be shipped outside the United Kingdom. If the place of supply is in any location within the United Kingdom goods will be charged inclusive of any applicable UK VAT.
- For U.K. and European Union customers, all product prices shown on the website are inclusive of any applicable UK VAT.
- For customers outside the U.K. and European Union, all product prices shown on the website are exclusive of UK VAT.
- This means that the total price you pay us for products or for the delivery, is always the same, regardless of whether or not UK VAT is chargeable on the sale.
- You will be the importer for all international deliveries of the products. Therefore, before placing an order for goods, it is your responsibility to check that your import of any products ordered comply with state and national/federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.
9. RETURNS POLICY
- Once your order is placed , you will receive a confirmation email containing an order number, please keep this number as a reference if you need to contact us. We would recommend that you check over your order details at this stage to ensure they are correct. Please call or email us if you discover any errors at this stage or have not received the confirmation order.
- You have a period of 14 days from the date you received your order in which to notify us by email of your wish to cancel your order and in which to post back your return. You can email us at firstname.lastname@example.org. You are responsible for the payment and posting of your return.
- IMPORTANT: You will receive a packing slip with your order - please ensure that this is enclosed with your return as it contains vital information such as your order number. In the event that no packing slip was received then please ensure that the following information is enclosed with your return: receipt, order number , contact details including daytime phone number & reason for return. If this information is not enclosed with the return then we will not be able to process the return.
- We strongly recommend that you send your return using a trackable service as we cannot accept responsibility if we do not receive the return.
- If you believe your product to be faulty or incorrect you must please inform us by email as soon as you receive the order within the 14 days period. In this case, we request that you return the faulty product (again within the 14 day period from when you received it) along with an explanation of the alleged fault including your packing slip (or receipt, full contact details & order number as mentioned above). Once agreed that the product is faulty, we will replace the item/s or refund the cost of the goods onto the same card/payment method that was used to process the order within 30 days. We will also reimburse any reasonable postage costs incurred to you by returning your order providing you are able to furnish us with a receipt for this expense. To return your product, you should mail your product to: TILT Professional Makeup Ltd., 21 Ferdinand Street, London, NW1 8EU, United Kingdom
- In the case that you are returning the goods for any reasons other than faulty or incorrect product sent: We can only accept returns on goods that we receive back in a resaleable condition, in the original, undamaged packaging and that have not been opened or used in any way. You must post back your return within the 14 days period from when you received it. To return your product, you should mail your product to: TILT Professional Makeup Ltd., 21 Ferdinand Street, London, NW1 8EU, United Kingdom
- We do not refund postage costs on goods being returned for change of mind or incorrect choice on the customers' behalf. Once we receive the returned goods in what we believe to be an unused and resaleable condition, we will replace the item/s or refund the cost of the goods excluding any postage costs onto the same card/payment method that was used to process the order within 30 days. You will be charged for extra postage costs prior to us replacing your item in the cases where you made the wrong choice and want a different product.
- Late or missing refunds (if applicable)
- If you haven’t received a refund within the time-frame mentioned above, first check your bank account again.
- Then contact your credit card company, it may take some time before your refund is officially posted.
- Next contact your bank. There is often some processing time before a refund is posted.
- If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase, shipping and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
- For more detail, please review our Returns Policy.
11. PAYMENT METHODS
- We only accept payment for orders in pounds (£) sterling.
- If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in pounds (£) sterling at the conversion rate applied by the relevant payment scheme at the time of processing your order.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but, in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the TILT Professional Makeup website. Our site provides encryption of personal information such as your name, address and credit card details.
- By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions; and to your delivery carrier to enable it to arrange delivery of your goods to your selected delivery address.
12. COPYRIGHT POLICY
- Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libellous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.
- You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use the TILT Professional Makeup website 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. Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trade mark, design right or copyright of the TILT Professional Makeup website.
13. MEMBER ACCOUNT, PASSWORD AND SECURITY
- Registering and using the TILT Professional Makeup website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. TILT Professional Makeup cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
14. OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
15. THIRD-PARTY LINKS
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17. PERSONAL INFORMATION
18. ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19. PROHIBITED USES
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national/federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall TILT Professional Makeup , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless TILT Professional Makeup LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
24. ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
25. GOVERNING LAW
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England..
26. CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
27. CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or, by post, to TILT Professional Makeup Ltd., 21 Ferdinand Street, London NW1 8EU, United Kingdom.