Terms of service
Tarte, Inc. (“Tarte”, “we”, or “us”) provides the content, services, and promotional materials available on and through the websites that Tarte owns or controls (today or in the future), including tartecostarmetics.shop and tartecostarmetics.shop (collectively, the “Sites”) subject to the following terms and conditions (these “Terms and Conditions” or “Terms”). These Terms and Conditions also apply to the way we interact with you, and you interact with us, on third party sites where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, YouTube, Pinterest, and Google+ (collectively, “Tarte Channels”). By accessing or using the Sites, purchasing our products, participating on the Tarte Channels, or signing up for the Mobile Program (defined below) (collectively, our “Services”), you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include an ARBITRATION PROVISION, CLASS ACTION WAIVER, and our Privacy Policy.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY; THE TERMS AND CONDITIONS ARE A BINDING CONTRACT BETWEEN YOU AND US AND, THUS, AFFECT YOUR RIGHTS. By using the Services, you agree to read, comply with, and be legally bound by these Terms and Conditions and Tarte’s Privacy Policy available at https://tartecostarmetics.shop/pages/privacy-policy (the “Privacy Policy”). If you do not agree to these Terms and our Privacy Policy, you may not access the Sites or use our Services.
ATTENTION!—CLASS ACTION WAIVER AND ARBITRATION AGREEMENT: These Terms contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with Section V. CAREFULLY REVIEW SECTION XII BELOW ENTITLED “DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER“ BEFORE YOU AGREE TO THESE TERMS OR USE OUR SITES OR SERVICES.
The Services are offered and available to users who 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Please review the other policy statements that appear throughout our Sites (as set forth in Section III hereof) including for tarte™ VIP so you understand specific terms relating to functionality, ordering information, promotions, contests, and our use of photos and videos you may provide to us. References to Terms and Conditions include these other policy statements.
changes to the terms
Tarte reserves the right, in its sole discretion, to change or modify these Terms at any time. Changes or modifications shall become effective immediately upon posting. If we make any changes to these Terms, we will change the “Last Updated” date below. Please review these Terms periodically. Your use of the Sites and/or Services will be governed by the Terms in place on the date you access the Services. If at any time you find the Terms unacceptable, you must immediately cease accessing or using the Services.
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 inaccurate, 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 or any other country’s drug regulatory authorities 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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL CONTENT PROVIDED ON THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY TARTE OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
additional policies
The following policies are incorporated into these Terms and Conditions. By agreeing to these Terms and Conditions, you also agree (as applicable) to:
Privacy Policy: Our Privacy Policy governs how we collect, store, process, and share your information.
tarte™ VIP: If you enroll in tarte™ VIP, you agree to the terms and conditions available at https://tartecostarmetics.shop/pages/tarte-vip-loyalty-program-terms-and-conditions .
Frequently Asked Questions: Our Frequently Asked Questions provide our policies and additional information regarding payment, returns, exchanges, shipping, delivery, and related questions.
International Sales and Shipping Terms: If you purchase or request that we ship a product internationally, you agree to our International Sales and Shipping Terms.
Colorado Retail Delivery Fee: Effective July 1, 2022, Colorado Imposes a retail delivery fee on all orders shipped to a location in Colorado. This fee will be Included at customer checkout. For additional Information please visit the Colorado Department of Revenue.
Minnesota Retail Delivery Fee: Effective January 1, 2024, Minnesota imposes a retail delivery fee on qualifying retail deliveries shipped to a location in Minnesota. This fee will be included at customer checkout. For additional information, please visit the Minnesota Department of Revenue.
consent to communications and text messaging
Tarte offers various mobile messaging services (collectively, the “Mobile Program”). For example, you may receive a coupon for texting a short code, your email address, or other requested information to an identified number. By signing up for the Mobile Program, you provided your prior express written consent to receive from Tarte and its contractors marketing text messages made using an automatic telephone dialing system and/or an automated system for the selection or dialing of telephone numbers to any mobile or residential phone numbers you provide to Tarte as part of your enrollment in the Mobile Program. You also understand that consent is not required to make a purchase and that you may revoke your consent at any time.
By signing up for the Mobile Program, you also warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to Tarte, or you have the express permission of the account holder to provide such numbers. You must be 18 or older to participate in Tarte’s Mobile Program. Message and data rates may apply. You, not Tarte, will be solely responsible for any carrier charges because of text messages associated with the Mobile Program.
You may text HELP to 827-831 at any time if you require assistance with the Mobile Program. Alternatively, you may email us at support@tartecostarmetics.shop or call 1-646-971-2676. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.
To cancel your participation in the Mobile Program and stop receiving marketing text messages from Tarte, text STOP to any Tarte text or 827-831 at any time.
Alternatively, you may send an email with your mobile number and the subject “STOP” to: support@tartecostarmetics.shop or call 1-646-971-2676 to be removed from any future alerts or offers.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that Tarte may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Terms. By opting in to the Mobile Program from a mobile telephone number, you are representing to Tarte that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from Tarte. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to Tarte in order to stop future messages from being sent to that number.
Tarte is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent.
Tarte reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.
dispute resolution – arbitration agreement and class action waiver
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE SITES AND/OR THE SERVICES, OR BY OTHERWISE AGREEING TO THESE TERMS, YOU AND TARTE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TARTE AGREE THAT YOU MAY BRING CLAIMS AGAINST TARTE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
You and Tarte agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your use of the Sites and Services, or your and Tarte’s dealings with one another (including, but not limited to, your receipt of marketing text messages, emails, or other communications from or on behalf of Tarte) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this Section V. You and we also agree that the arbitration provision and class action waiver apply to any and all claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.
This agreement to arbitrate is intended to be interpreted broadly. YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE RELIEF.
There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor Tarte will be able to have a court or jury trial or participate in a class action or class arbitration. You and Tarte each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND TARTE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.
In the event of a dispute, and before initiating an arbitration proceeding under this Section V, you and Tarte agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, a brief summary the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018 USA, Attention: Legal, or you can email us the notice of dispute at support@tartecostarmetics.shop. We will send any notice of dispute to you at the contact information we have for you. You and Tarte agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this
Section V.
If you and Tarte do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Section V. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Tarte both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Tarte must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually -agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical plac