Welcome to the Tom Ford Beauty website (the “Site”). Estee Lauder Inc., DBA Tom Ford Beauty (“TOM FORD BEAUTY”, “us”, or “our”) provides you the right to access and use the Site, including all Content, products, and services available on the Site (collectively with the Site, the “Offerings”), subject to these Terms and Conditions, our Privacy Policy (accessible here), and any additional terms referenced herein and/or terms you agree to prior to being granted access to certain areas of the Site (collectively, the “Terms”). These Terms govern your use of our Site and your conduct, irrespective of your means of access, whether from a computer, mobile phone, or other device.

This Site is operated by our affiliate ELC Online Inc. on our behalf (ELC Online Inc. operating in such capacity henceforth and herein as “TOM FORD BEAUTY Online”). In addition, TOM FORD BEAUTY will process the orders placed through this Site and will be the merchant of record for such orders, unless otherwise indicated during the checkout process. 

These Terms apply to any website or document that links to these Terms.

THE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TOM FORD BEAUTY (COLLECTIVELY, THE “PARTIES”), PLEASE CAREFULLY READ THEM BEFORE ACCESSING OR USING ANY OFFERING. BY ACCESSING OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, AND AGREE TO BE BOUND BY THE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR OFFERINGS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR PRIVACY POLICY. 

IF YOU DO NOT AGREE TO THE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, TOM FORD BEAUTY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SITE OR USE OF ANY OFFERINGS AND YOU MUST NOT ACCESS OR USE ANY OFFERINGS. 

IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ: 

THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND TOM FORD BEAUTY ONLINE AND/OR ITS AFFILIATES ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 22 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU AND TOM FORD BEAUTY ONLINE WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.

1. DEFINITIONS
Capitalized terms used in these Terms have the definitions given in the context in which they are used. All other terms used herein have the plain English (U.S.) meaning. 

2. ELIGIBILITY
You may only access and use the Offerings if you are 18 years of age or older and meet the other eligibility requirements specified in the Terms. By accessing or using any Offerings, and by agreeing to these Terms, you acknowledge you meet each of these requirements. If you do not meet any of these requirements, you may not access or use any Offerings. Our Offerings are not available to any users TOM FORD BEAUTY previously removed from our Offerings. 

3. MODIFICATIONS
TOM FORD BEAUTY reserves the right, at any time in our sole discretion, to modify the Offerings with or without notice to you, by making those modifications available on the Site. TOM FORD BEAUTY also reserves the right, at any time in our sole discretion, to modify the Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. TOM FORD BEAUTY will inform you of the presence of any changes to the Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting on the Site. You may terminate your Account or cease using the Offerings if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Offerings following such notice period. TOM FORD BEAUTY will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically. 

4. PRIVACY
Please review our privacy policy, available here (“Privacy Policy”) for details about our personal information practices. The Privacy Policy is incorporated by reference herein, and these Terms and Conditions are incorporated into the Privacy Policy.

5. PURCHASE RELATED POLICIES AND PROCEDURES
To view terms and conditions related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), which are incorporated into these Terms by reference, please visit https://www.tomfordbeauty.com/shipping-returns. 

6. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples TOM FORD BEAUTY may provide to you, are for your personal and/or professional use only. You may not sell or resell any of the products or services, or any samples, that you purchase or otherwise receive from us or otherwise use the Offerings for any commercial purposes. Please note that TOM FORD BEAUTY will track the purchases you make through your Account on the Site, at our freestanding stores, and by telephone order. TOM FORD BEAUTY reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that TOM FORD BEAUTY believes, in our sole discretion, may result in the violation of our Terms.

7. ACCURACY OF INFORMATION
TOM FORD BEAUTY attempts to be as accurate as possible when describing our products and services on the Site; however, TOM FORD BEAUTY does not warrant that the descriptions, colors, information, or other Content available on the Site are accurate, complete, reliable, current, or error-free. 

This Site may contain typographical errors or inaccuracies and may not be complete or current. TOM FORD BEAUTY therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and TOM FORD BEAUTY reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. TOM FORD BEAUTY apologizes for any inconvenience. 

8. TERMINATION
Except as indicated in this Section, these Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Offerings, including, without limitation, all Content you obtained prior to termination. Termination does not relieve you of any payment obligations relating to purchased products or services and these Terms will continue to apply to all products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.

9. YOUR OBLIGATIONS AND RESPONSIBILITIES
When accessing or using the Offerings, you will at all times comply with these Terms and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Offerings and may not impair the integrity or operation of the Offerings in any way. You further agree not to (1) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, a Pro Member or any TOM FORD BEAUTY employee, contractor, forum leader, guide, or host; (2) “stalk” or otherwise harass including advocating harassment of another (including, without limitation, any TOM FORD BEAUTY employee, contractor, or host), entrap or harm any third party including harming minors in any way; (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including Your Content; (4) intentionally or unintentionally violate any applicable local, state, national or international law; or (5) collect or store personally identifiable data about other users. Without limiting the generality of any other provision of these Terms, if you default on your obligations as set forth in these Terms, you shall be liable for all losses and damages your default may cause us, our parents, subsidiaries, affiliates, partners, or licensors.

10. YOUR RIGHTS
10.1 To Access the Site 
Subject to your compliance with the Terms, TOM FORD BEAUTY will permit you to access and make personal use of the Site solely for lawful purposes and only in accordance with the Terms and any other agreement you agree to before being given access to any specific areas or features of the Site. If you are accessing and using the Site on someone else’s or an entity’s behalf, you represent that you have the authority to bind that person or entity as the principal to all Terms provided herein and that you agree to the Terms on such person’s or entity’s behalf, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of any Offerings resulting from such access or use.