terms & conditions

terms & conditions Tarte, Inc. provides the content and services available on the websites that Tarte owns or controls (today or in the future), including www.tarte.com and www.tartecosmetics.com (the Sites) subject to the following terms and conditions (Terms and Conditions). These Terms and Conditions also apply to the way we interact with you, and you interact with us, on third party site where we post content or invite your feedback or participation, including, but not limited to, http://twitter.com/tartecosmetics, www.facebook.com/tartecosmetics, and www.youtube.com/user/tartecosmetics (Third Party Sites). By accessing or using the Sites and participating on the Third Party Sites, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy.

Please review the other policy statements that appear throughout our Sites – including for Tarte Tokens – so you understand specific terms relating to functionality, ordering information and promotions. References to Terms and Conditions include these other policy statements.

privacy
Please review our Privacy Policy, which also governs your visit to the Sites, so that you understand our privacy practices. Our Privacy Policy can be found here and is incorporated herein by this reference.

purchase related policies; use of the Sites
The products available on the Sites, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

You may not use any robot, spider, other automatic device or manual process to monitor or copy the Sites or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of the Sites. By participating in the Sites, you agree that you will not provide to Tarte or the Sites any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Tarte.

We currently ship our products in the United States but we intend to provide our products internationally in the future. If shipping products internationally requires changes to our Terms and Conditions (including our Privacy Policy), we will update these Terms and Conditions or create a unique Terms and Conditions page for each country other than the United States.

accuracy of information; cosmetic sales only
We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Sites are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Sites that is in error, including with respect to descriptions, pricing and availability. Tarte reserves the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order).

Our product descriptions and content are for educational and informational purposes only. We manufacture and sell cosmetics, so none of the statements on the Sites have been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. We are not offering products to diagnose, treat, cure or prevent any condition or disease. The Sites are not a substitute for medical advice from your own health care practitioner. Please test all products before use.

intellectual property
All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the Content) is the property of Tarte, Inc., and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the website (collectively, the Trademarks) are the registered and unregistered marks of Tarte, Inc., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as required under applicable law, neither the Content nor Trademarks nor any portion of the Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our New York office via email info@tartecosmetics.com .

your obligations and responsibilities
In the access or use of the Sites and Third Party Sites, you must comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Sites. You must always act in accordance with the law and in good faith. It is strictly prohibited to use or contact the Sites to harass or disparage Tarte, its personnel, products or services. No unsolicited email (spam) may be directed to or through the Sites. Users may not use the Sites in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. If you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Tarte, our affiliates, partners or licensors.

comments, reviews and submissions
The Sites provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, reviews of our products photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site, and on Third Party Sites (a Post or Posts). You must be a registered user to submit a Post. Please stay and topic and use the Posts to provide meaningful and respectful information for others. Repeating the same Post in multiple places is not permitted and links to obscene or offensive sites is also strictly prohibited.

Posts do not reflect the views of Tarte; and Tarte does not have any obligation to monitor, edit, or review any Post on the Sites. Tarte assumes NO responsibility or liability arising from the content of any Posts nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Posts on the Sites. You are strictly prohibited from making any Posts that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Tarte will fully cooperate with any law enforcement authorities or court order requesting or directing Tarte to disclose the identity of anyone posting any such information or materials.

Tarte may moderate any Posts and has the right (but not the obligation) to remove a Post that, in Tarte’s reasonable judgment, violates these Terms and Conditions. Tarte may also terminate a registered user’s account or right to make Posts. Tarte reserves the right to remove a Post if it contains any of the following content: Commercial solicitations or advertising for other products, offers or websites; any content or materials you do not own or which you have not secured the necessary rights; contact information of any kind including email addresses, URLs, phone numbers, and physical addresses; critical comments about other people or their Posts and discussions of medical conditions or claims of medical effectiveness.

All Posts on the Sites and Third Party Sites are public information and displayed in a public forum. Posts will not be treated as confidential information under our Privacy Policy and information from Posts may be linked to your account with us. Use caution when submitting a Post. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Sites or Third Party Sites where Posts will become public. By making a Post, you grant Tarte the perpetual, worldwide, irrevocable right (but not the obligation) to post, edit, modify, reproduce, re-use, publish, print, distribute, display or otherwise use your Post and any other information, ideas, or links that you provide, in whole or in part, without royalty, other compensation, recognition or attribution, in all forms of media, now known or developed in the future. You also acknowledge that Tarte may use your Posts, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you have questions, comments or feedback about customer service issues (delivery, pricing, etc.), please contact our New York office via email info@tartecosmetics.com . Those types of concerns are not appropriate for a Post.`

your account
You may choose to register on our Sites and you should review our Privacy Policy before you do so. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Tarte's best interests to do so.

linking
It is strictly prohibited to link other sites with this website without Tarte's prior written permission. Tarte has no responsibility and assumes no liability for the unaffiliated sites to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Sites or posted to the Sites by anyone other than Tarte. We may permit some links for convenience (such as to Third Party Sites where we make content available), but it is not an endorsement by Tarte of the referenced content, product, service, supplier or Third Party Site. Please note that the rules and privacy policies of linked sites (including Third Party Sites) may differ from those of Tarte and should be reviewed by you when you use the link to access the other site.

electronic gift cards
eGift Cards (which may also be referred to as electronic gift cards, electronic gift certificates or eGift certificates) can be redeemed only online at the Sites. Recipients of eGift Cards must have e-mail and access to the Internet in order to receive and redeem their online eGift Card.

Promotional offers and discounts cannot be applied to the purchase of eGift Cards. The value of eGift Card purchases are not used to determine promotional thresholds. Free gifts, specials, deluxe samples are not valid when purchasing an eGift Card.

The use of eGift Cards is subject to these Terms and Conditions. eGift Cards may only be used to purchase merchandise on the SItes and cannot be used to purchase other eGift Cards. Tarte will not honor eGift Cards sold by any other vendor or person other than Tarte. eGift Cards cannot be used at other retailers to purchase Tarte products.

When you purchase an online eGift Card from the Sites, we will automatically send the recipient an e-mail within 24 hours, including the eGift Card code and instructions for use on the Sites. The code should be entered onto the Payment Information page during the checkout process. If the amount of the order exceeds the amount of the eGift Card, the recipient will need to use a credit card to pay for the balance of the order. If any online store credit is available to the recipient, then the store credit will automatically be applied first.

Except as required by law, eGift Cards are not redeemable for cash.

eGift Cards purchased by our customers do not expire and are not subject to any fees or charges. If we issue promotional eGift Cards or coupon codes in the future as a benefit to the members of our loyalty program, or otherwise, those promotional eGift Cards or coupon codes may be subject to an expiration date.

You can use one eGift Card towards the purchase of your order. Redemption of multiple eGift Cards for one order is not available at this time.

If you misplace or delete your eGift Card, send an e-mail to our Customer Service department and we will resend the redemption code for the eGift Card to the original recipient address. Please remember to include the recipient e-mail address and/or the order number with which it was purchased. If you sent the eGift Card to the wrong e-mail address, please contact us at info@tartecosmetics.com or (646) 660-0754. Our representatives will only be able to resend your eGift to a different recipient if it has not been redeemed.

Promotional eGift Cards and coupons cannot be resent or recovered if deleted.

If your eGift Card code is valid and unredeemed but not functional, our sole obligation will be to replace the eGift Card.

eGift Cards that have already been sent but have not yet been redeemed can be returned to the original purchaser's credit card. The eGift Card is automatically cancelled upon the return. Please note that we cannot recall an eGift Card e-mail after it has been sent.

If the merchandise purchased with an eGift Card is returned, an online store credit will be issued to the gift recipient for the full amount of the merchandise return. Tarte does not offer exchanges or cash refunds for eGift Card purchases. Any funds charged to a credit card will be automatically credited to the same card.

In addition to any other remedies, Tarte reserves the right to close your account or require an alternative form of payment if a fraudulently obtained eGift Card is presented for redemption.

limitation of liability
The Sites are presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, with respect to the operation of the Sites, the information, content, materials or products included on the Sites. To the fullest extent permitted by law, Tarte disclaims all such representations and warranties, including by way of example and not by way of limitation, warranties of merchantability, non-infringement or fitness for a particular purpose.

We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the Sites or its contents. We are also not responsible for any delay or failure in performance resulting directly or indirectly from acts of nature, or other forces or causes beyond our reasonable control including internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, explosions, acts of God, war, governmental actions, and non-performance of third parties not subject to our control.

SUBJECT ONLY TO LIMITATIONS IMPOSED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TARTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THE SITES REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF TARTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

fraud protection
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Digital Millennium Copyright Act ("DMCA") Notice
Tarte owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. The Sites may contain materials of third parties and links to Third Party Sites, portals and directories. As a result, materials of third parties, not owned or controlled by Tarte are included in or linked to the Sites or are stored or transmitted over the Sites. To the best of Tarte's knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, Tarte will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of Tarte to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to Tarte to be repeat infringers in connection with their use of the Sites. The designated agent (i.e. the proper party) to whom you should address such notice is Customer Service, Tarte, Inc., info@tartecosmetics.com.

disputes
With respect to any dispute regarding the Sites, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.

general
By using the Sites, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Sites, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Sites. Any changes are effective immediately upon posting to the Sites. Your continued use of the Sites constitutes your agreement to all such terms and conditions.

If you have any questions regarding these Terms and Conditions, please contact us at info@tartecosmetics.com.