We operate the website www.thetinctureclub.com. “We” The Tincture Club Ltd, a company registered in England and Wales under company number 11178988 and with our registered office and trading address at Unit 8 Little Mundells, Welwyn Garden City, AL7 1EW. We will refer to ourselves throughout these terms and conditions and agreement as “The Tincture Club.”
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
1. Use of Our Service
We provide a place for you to stay up to date with current trends in CBD products and discover new niche brands.
a) Eligibility
You may use the Service only if you can form a binding contract with The Tincture Club and only in compliance with this Agreement and all applicable laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited. The Service may not available to any Users previously removed from the Service by The Tincture Club
b) The Tincture Club Accounts and Ordering
Your The Tincture Club customer account gives you the ability to order and purchase products listed on our site, and to have access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a The Tincture Club account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to The Tincture Club with a third-party service, such as a social media service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials from that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify The Tincture Club immediately of any breach of security or unauthorized use of your account. The Tincture Club will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your customer account page. By providing The Tincture Club with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may unsubscribe from the email messages using the functionality contained within any email we send to you.
c) Service Rules
In order to use the Service, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the The Tincture Club servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that The Tincture Club grants the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You may copy and redistribute the audio-visual content available on the Service; however, you may not alter or modify such audio-visual content in any manner and you may not remove any copyrights associated with the such audio-visual content
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other The Tincture Club Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Tincture Club Limited shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service allow may Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. The Tincture Club reserves the right, but is not obligated, to reject and/or remove any User Content that The Tincture Club believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
(A) You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
(B) Your User Content and The Tincture Club’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
(C) The Tincture Club may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
(D) To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. The Tincture Club takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate or otherwise unsuited to your purpose, and you agree that The Tincture Club shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to The Tincture Club a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and The Tincture Club’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. End User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. The Tincture Club reserves all rights not expressly granted herein in the Service and the The Tincture Club Content (as defined below). The Tincture Club may terminate this license at any time for any reason or no reason.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the ” The Tincture Club Content”), and all Intellectual Property Rights related thereto, are the exclusive property of The Tincture Club and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any The Tincture Club Content. Use of the The Tincture Club Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place The Tincture Club under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, The Tincture Club does not waive any rights to use similar or related ideas previously known to The Tincture Club, or developed by its employees, or obtained from sources other than you.
6. Placing an Order for Products
You may choose to purchase products from our Site and you begin by placing an order for the desired products through our Site. After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation. All products ordered through our Site shall be subject to the payment processes described in Section 8 below.Regarding damaged items, we require images of the damage to be sent to the The Tincture Club team for Quality Assurance purposes. After QA review, replacement options, if any, will be provided.
Excluding content submitted by Subscribers, we aim to certify that the information on the website is accurate. Certain information may contain pricing inaccuracies or typographical errors, which we may update and correct without liability. We also reserve the right to limit quantities purchased by Subscribers and to change, suspend, or terminate a monthly edition, limited edition or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our website will be available.
7. Subscription Plans
Our products are solely sold on a subscription service. The subscription is based on a recurring Direct Debit payment setup through our portal with Go Cardless.
By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation. We will submit periodic charges (e.g., monthly) without further authorisation from you, until you opt out of auto-renewal on your account page by using the “Cancel Subscription” button.
Your payment will be taken out on the same date every month, which is the same date as your initial purchase (“billing date”). Your product will be shipped the following day every month for the duration that you retain the service. (“shipping date”).
The renewal payment schedule may change without prior notice, at the discretion of The Tincture Club. We are not able to manually assign charge run dates for individual subscribers.
You can cancel at anytime from the renewal of your subscription, apart from on your billing date or shipping date. This can be processed via your account page on the website or by contacting customerservice@thetinctureclub.com.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
8. Billing, Shipping and Payment Policies
We ship within an estimated 2 business days after payment is received, which is subject to change at any time, without notice and liability. As soon as your box is on its way, you will receive an email containing a tracking number that allows you to monitor its shipment. Kindly note that sometimes there may be shipping delays and/or product back-orders due to a stall involving the fulfilment process. You will not be eligible for a refund due to any unforeseen delays.Delivery can take 3-5 business days from when the package leaves the warehouse.
Address changes must be made 10 days prior to your billing date in order to take effect for the next shipment. If the address is not updated in time, the shipping label will be printed with the previous address, therefore, the carrier has the right to charge a forwarding fee. If an item is returned to sender, due to an incorrect or undeliverable address, The Tincture Club will not be liable for a reshipment.
Customers are responsible for paying the duty and other customs clearing expenses.
Certain aspects of the Service, for example,subscription plans, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms quoted on our Site and as we may update them from time to time. The Tincture Club may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Payment for all products purchased through our Site must be by credit, debit card or direct debit. Our system is only equipped to accept one payment method at a time. If your account has multiple options on file and there is a payment error, the transaction may default to the most recently used payment method. In the event that The Tincture Club suspends or terminates your account for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
You understand and agree that you shall receive no refunds and no exchanges for any Products once we or our supplier delivers these items to the carrier unless the Product received by you is damaged and/or expired. In a case of damaged or missing products, the subscriber must contact The Tincture Club within 14 days from the date the subscriber received the merchandise. In the case of a lost box or box showing as delivered, but not received, the subscriber must contact The Tincture Club within 14 days from the ship date. Any complaints received after the timeline given will not be eligible for a refund or replacement.
All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, The Tincture Club. The risk of loss for such products passes to you when The Tincture Club or our supplier delivers these items to the carrier. Title to products purchased on the Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payments shall be processed through our site and shall be in the form you select when you either submit an order form or your register a paid Service. The Tincture Club reserves the right to withhold payment or chargeback to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending The Tincture Club’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify The Tincture Club in writing within thirty (30) days of such payment. Failure to so notify The Tincture Club shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by The Tincture Club. No other measurements or statistics of any kind shall be accepted by The Tincture Club or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. If you do not want us to reattempt to process payment, you should cancel the order after receiving the initial payment failure email notification.
9. Professional Advice
Any product or other information (for example, product ingredients, instruction for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
10. Privacy
We care about the privacy of our Users. We collect, use and share personally identifiable information and non-personally identifiable information as set forth in our Privacy Policy.
11. Security
The Tincture Club cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by The Tincture Club. The Tincture Club does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and The Tincture Club’s Privacy Policy do not apply to your use of such sites. You expressly relieve The Tincture Club from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that The Tincture Club shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. Indemnity
You agree to defend, indemnify and hold harmless The Tincture Club and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
14. No Warranty
The service, products and materials are provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service, products and materials are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the tincture club or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, the tincture club, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
The tincture club does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the tincture club service or any hyperlinked website or service, and the tincture club will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
15 .Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the tincture club, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will the tincture club be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, the tincture club assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall the tincture club, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the tincture club hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the tincture club has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
16. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Tincture Club without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17. General
a) Governing Law.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. Should you have any questions you can contact us at hello@thetinctureclub.com