LEGAL — TERMS OF USE    |   PRIVACY POLICY

Welcome to our Website. This site is owned and operated by CA Cosmetics INC. t/a Tonal Cosmetics (hereafter referred to as Tonal Cosmetics). Our Company Number is 44192. The address of our registered office is: “The Dolphin” Hibiscus Avenue, Sunset Crest, Saint James, Barbados.

Use of the Website is governed by these terms and conditions “Terms of Use”. These Terms of Use should be read alongside, and are in addition to our terms and conditions of sale accessible online (“Terms of Sale”) and our Privacy Policy and Cookies Policy to understand how we collect and process your personal data. Please read these Terms of Use carefully. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and Cookies Policy and the Terms of Sale (each as amended from time to time).

We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Website by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions.

If you do not agree to these Terms of Use, you must stop using the Website immediately.

Eligibility to Use or Purchase Product: This Website is not designed or intended for use by minors. Tonal Cosmetics does not sell Products to minors or individuals under the age of 16. The Website may offer Products for purchase by adults which may be suitable for young persons to adults. If you are under 18, you should use the Website only with involvement of a parent or guardian. A child under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it. By ordering Product you represent that you are 18 years of age or older.

Use of Website: You agree to use the Website only for personal and lawful purposes in accordance with these terms 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 may download and print content from the Website solely for your own personal use which shall be limited to viewing the website, purchasing products, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the website.

You are not entitled to use the content of the Website for any commercial purpose in or under any circumstance. You are not entitled to make recordings of the Website or any Content; See additional details below at *.

Intellectual Property Rights: Your visit navigation or use of this Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. By using this website you may be subjecting yourself to the laws and non-exclusive jurisdiction of our host State. See additional details below at **.

Purchase of Product: When purchasing a Product using the Website or other Service you are making a contract for purchase with Tonal Cosmetics. on the terms and conditions set out in these Terms. You agree that our Products displayed on the Website or other Service is an invitation to treat and that your order for any Product(s) is an offer to purchase such Product(s). All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We will inform you if we are unable to fulfill your order. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; or that you do not meet the eligibility criteria set out within these Terms. We may also refuse to process (and therefore accept) a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order. Your order constitutes an offer to Tonal Cosmetics to buy a Product via the Website (and Tonal Cosmetics reserves the right to refuse orders for Product). No contract will exist in relation to the Product until we have confirmed to you by email that the Product has been dispatched. Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this. When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account.

The status of any order is updated periodically but we make no representation or warranty as to any such functionality or uptime.

Payment will be debited from your card when your order is placed. We may store a record of your transactions in accordance with our Privacy Policy.

Ordering Product: You acknowledge and agree that, in addition to these Terms of Use, the Terms of Sale apply to any transaction you make through the Website. By entering any transaction through the Website, you agree that you have read, understood and agree to our Terms of Sale (including as amended from time to time).

Price, Availability, Dispatch Information: Prices are shown on the Website in US currency (USD). Information displayed on the Website as to pricing and availability is subject to change by Tonal Cosmetics. Payment for Product will be made via the Website in accordance with the procedure explained on the Website.

While we aim to be accurate, any availability information or dispatch estimates on the Website in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Product you order turns out to be unavailable. Please allow up to 10 business days for delivery.

In spite of our best efforts, it is possible that a Product may be mispriced on the Website. We do, however, confirm prices as part of our dispatch procedures. Where a Product’s actual price is lower than that stated on the Website, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Website, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change based on where you are ordering from.

Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and any applicable tax(es) will be made in accordance with your location and you will be informed of the relevant charge before you confirm your order. Please note, any orders we accept which require delivery outside our host country will be delivered duty unpaid.

Payment: Payment can be made by Visa, MasterCard and American Express. Payment will be debited and cleared from your account upon completion of the order process on the Website or other Service. At checkout, you will be directed to the associated site to ‘Log In’ to your account and review the total amount to pay before clicking ‘Pay Now’. Once you click ‘Pay Now’ and you are returned to the Website, your transaction is complete. We shall have no responsibility or liability in relation to the terms and conditions agreed between you and PayPal, Google Pay, Amazon Pay or any other payment intermediary.

You confirm that the credit/debit card or payment intermediary account that is being used is yours or that you have been specifically authorised by the owner of the same to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

To help ensure that your shopping experience is safe and secure, we (or our third party payment processors, as applicable) use industry standard security systems to encrypt your payment details to guard against unauthorised access. You can save Credit Card details in your account and use them to complete future orders. For your security, you will always be asked to enter your CVV code at checkout. We receive authorisation to charge your account once the order is placed and the pending transaction will be settled upon dispatch. For security and fraud prevention, all orders made with a credit or debit card are subject to authorization and our fraud team may ask for further details before an order is processed.

We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged or declined by screening process. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but to the maximum extent permitted by law, and in the absence of negligence on our part, we cannot be held 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 Website.

Delivery: Our delivery and returns representative will deliver your purchases to you using authorized courier. It is possible that the Courier may disseminate the delivery of your package to a local courier.

Shipping: When placing your order please ensure that the billing and shipping address details are correct as we are unable to redirect packages once an order has been processed. You are responsible for any inaccurate or incomplete details provided to us. When your order is shipped, we will send you a confirmatory email, which will include your tracking number. You can track and trace your order using this link. Order status usually updates within an hour after the order has been placed, but functionality and uptime cannot be guaranteed. To contact us regarding shipping email us on care@tonalcosmetics.com

Ownership of Product: Ownership of Product ordered shall pass to you on the date and time of delivery to your nominated address.

Delivery Costs and Times: Deliveries are usually made on business days excluding public holidays. Unless otherwise stated on the Website, delivery times, costs and other details are as stated below. Standard Shipping – 4 to 10 working days. Delivery times are estimates and start from the date of dispatch. We will endeavour to send your order out as quickly as possible but we cannot be responsible for delays as a result of remote delivery locations or adverse weather conditions.

Returns: When you place an order on tonalcosmetics.com, you are welcome to return any item(s) using our returns service, provided you return them within 14 days of delivery. Items must be returned in their original condition. Returns that have been used, altered or damaged will not be accepted and may be sent back to you and/or a refund refused. Products must be returned unused, unopened, and in their original packaging or they will not be accepted. You are responsible for all Products until returned to us. We are not liable for the loss in return transit. We recommend using a traceable delivery method and taking note of your tracking number. Once the items have been received they will undergo a quality review. Once cleared, you will receive a refund on the cost at purchase price (excluding original shipping cost) directly to the original method of payment used for purchase. We endeavour to process refunds as soon as they are received but please allow 5 – 10 working days for returns to be processed. You will receive an email notification of the status of your refund once processed. We do not refund initial shipping charges for items returned, other than for faulty items. Your own return postage costs are not refundable.

Refunds: Refunds will be credited to your original method of payment. Original shipping charges, duties and taxes will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be paid in the same currency. On receipt of return, we shall process the refund as soon as possible.

Refunds in relation to Products may only be credited to the person, credit or debit card, or account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used another instrument to pay for the product we may refund you in such instrument.

Please note that it can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed promptly but it may take some days for the amount to show in your account.

Cancellation rights for dispatched Product: During the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. You will not have any right to cancel a Contract for the supply of any Product in the following circumstances:

(a) where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or (b) where the Product(s) have been customised to your chosen specifications.

Your deadline for cancelling the Contract depends on what you have ordered and how it is delivered, as set out below:

End of the cancellation period: Your contract is for a single item (which is not delivered in instalments on separate days). The end date is the end of 14 days from the day on which you receive the item ordered.

Your contract is for either of the following: (a) one product which is delivered in instalments on separate days; (b) multiple products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.

Your contract is for the regular delivery of a product over a set period. The end date is 14 days after the day on which you receive the first delivery of the products.

To cancel a contract, you need to let us know that you have decided to cancel. Please contact us at care@tonalcosmetics.com, please ensure you include your order number. We will email you to confirm we have received your cancellation request. The Product(s) covered by the cancellation must then be returned to us at the following address: Tonal Cosmetics, “The Dolphin” Hibiscus Avenue, Sunset Crest, Saint James, Barbados.

If a Product has been delivered to you before you decide to cancel your contract: (a) you must return it to us without undue delay and in any event not later than the end of the cancellation period set out above. If you do not return the Product within 14 days of your cancellation, you will be deemed to have accepted the Product, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Website; (b) Subject to the clause (c) immediately below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection (which will not be materially inconsistent with the sums we charged you for delivery); (c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

Competitions & Promotions: We reserve the right to change or pause promotions at any time. Tonal Cosmetics reserves the right to modify the brand exclusions list during any stage of a promotion and we recommend that you revisit our Promotions page regularly to remain informed about the current Terms & Conditions that apply to your use of the Website.

*Use of Website: You may 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, LiveChat conversations, and VideoChat exchanges and 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 or under any circumstances. You are not entitled to make recordings of the Website or any Content.

We specifically prohibit any use of the Website, and you agree not to use the Website, for any of the following: Posting any information which is incomplete, false, inaccurate or not your own; Engaging in conduct that would constitute a criminal offence, giving rise to civil liability or otherwise violate any law or regulation that would fail to comply with accepted Internet protocol; Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; Communicating, transmitting, or transferring (by any means) information or software derived from the website to foreign countries or certain foreign nations in violation of any applicable export control laws; Attempting to interfere in any way with the website’s or our networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system; and Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.

**Intellectual Property Rights: Tonal Cosmetics is the owner or licensee 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 existing in or in relation to the Website.

Unless you have agreed otherwise in writing with Tonal Cosmetics nothing in these Terms of Use gives you a right to use any of the Content, trademarks or other Intellectual Property Rights (IPR) of Tonal Cosmetics. You may not assign or transfer any of the Content and you may not grant a license to use or access the Website to any party. You are permitted to use the Content only as expressly authorised by us.

You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard. You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact Us section for more details).

Trademarks: You may not use any of the Tonal Cosmetics trademarks without our prior written permission. Trademarks include the Tonal Cosmetics name and or logos, other graphics, page headers, button icons, scripts, and service names of Tonal Cosmetics products, services, and programs. Any other trademark that appears on our Website is the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Copyright: All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned or licensed by Tonal Cosmetics and/or its affiliates and are protected by copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.

Linked Third Party Sites: You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this Website to third-party websites, applications and services, and third-party websites may link to the Website (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.

Non-Confidential Information: Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.

Errors and Inaccuracies: We always try to provide complete, accurate, up-to- date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, and to change or update information at any time without prior notice. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account. Although we make every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products.

Registration: Using certain features on this Website may require creating an account (“Account”) and submitting personal information (including creating a username and password used to access the Account). The Website’s information collection and use policies are set forth in the Website’s Privacy Policy, which is incorporated herein by reference. You agree to provide only true, accurate, current and complete information.

You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the Website using your Account.

Termination and or Suspension: We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website with immediate effect if you breach any of these Terms of Use. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

Disclaimer of Liability: We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Website, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the sites.

Please check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Indemnification: You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Website including, but not limited to, (i) your violation of these Terms of Use, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your Account.

Security: Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following: Accessing data not intended for you or logging on to a server or account, which you are not authorized to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); Attempting to interfere or interfering with the operation of the Website, our provision of services to any other visitors to the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website; and forging any TCP/IP packet header or any part of the header information in any e- mail or transmission to the Website.

Waiver Severability Agency Non-Assignment Headings: Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms conditions or provisions not deemed unenforceable by applicable courts of law. Only you and we shall be entitled to enforce these Terms of Use. No Third Party shall be entitled to enforce any of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Website. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The Headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Amendments: We may update or amend these Terms of Use from time to time including to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Entire Agreement: These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right.

Applicable Law: By visiting our Website, you agree that the laws of Barbados without regard to principles of conflict of laws, will govern any dispute of any sort that might arise out of or in connection with these Terms of Use and or between you and us or any of our affiliates regarding your visit to and use of our Website and you and we shall submit to the exclusive jurisdiction of the Barbados Courts.