Last updated on October 10, 2014.
This website is operated by LUSH Internet Inc., doing business as LUSH or LUSH Fresh Handmade Cosmetics ("LUSH/we/our/us").
By accessing and using our website (the "site"), you, the user, unconditionally agree to follow and be bound by the terms and conditions we set out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.
Use of and orders placed on this website are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
We reserve the right to correct errors and inaccuracies and change and update information on this website at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. We do not guarantee the reliability of these descriptions and we will not be liable for any inaccuracy, error or omission in the information contained on this site in relation to the products and articles offered for sale by us, including their prices. All prices listed exclude applicable taxes and are in Canadian dollars and all delivery and any additional charges will be clearly displayed where they apply and will be processed in Canadian dollars. All prices listed on this site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.
We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.
By using this site, you represent that you are of the age of majority in your jurisdiction. If you are a parent or legal guardian agreeing to these terms and conditions, you must monitor and supervise the use of this site by the minor and you are fully responsible for the minor’s use of this site, including all financial charges and legal liability that he or she may incur.
The sale of products on this site may be subject to additional terms that will be made available when you place your order.
Passwords and Accounts
You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. We are not under any obligation to verify the actual identity or authority of any user of a password and login name. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
You agree to notify us immediately if the confidentiality of your account or password is compromised. We have the right to take any actions that we deem reasonable in such event provided that we will have no liability for any act or omission on this regard.
We may suspend or cancel your account at any time for any reason without notice or liability to you or any other person.
Intellectual Property Considerations
All textual and graphic content on this site, all materials, including the "LUSH" name, logos and all related product and service names, slogans, images, text, illustrations, designs, downloads, icons, photographs, programs, video clips and written and other materials that are part of this site, as well as its organization and presentation, are subject to Intellectual Property Rights and remain our property. "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks, trade names (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights, owned by or licensed to us or one of our affiliates. Access to this site does not confer upon anyone license under our, our affiliates’ or any third party’s Intellectual Property Rights.
All design, text, graphics, their selection and arrangement and all software compilations, underlying source code, software, and all other material on this site are our copyright or are the copyright of its content and technology providers. All rights are reserved.
The materials on this site may not be copied, reproduced, posted, republished, sold or used in the participation in any sale of or exploiting in any way, any of the site’s contents. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only, and specifically for the sole purpose of placing an order with us or using this site as a shopping resource.
Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.
Using Linked Content
This site provides links to other websites. All those sites are independent from LUSH's, and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you decide to access them at your own risk. Without limiting the foregoing, you acknowledge and agree that, as you have chosen to enter the linked website(s) we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
By submitting content on or through this site, by e-mail or telephone, or by otherwise disclosing, submitting or offering content in connection with your use of this site (collectively, "Content"), you represent and warrant that you have full right and authority to submit that Content, and that you have copyright and proprietary right over that Content. You further represent and warrant that any Content submitted by you to the site will not violate these terms and conditions or any right of any third party, including without limitation, copyright, trade- mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You are and shall remain solely responsible for the Content you submit and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Content you submit. You grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Content however we desire, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Content and/or incorporate such Content into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. We are and shall be under no obligation: (1) to display, maintain or use Content in any way; (2) to maintain any Content in confidence; (3) to pay to you any compensation for any Content; or (4) to respond to any Content. You hereby waive all your moral rights in the Content for the benefit of us, our affiliates and our respective successors, assigns and licensees.
You may not contribute, post or transmit unlawful, defamatory, or threatening material, which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any Content we deem inappropriate for any reason whatsoever. You represent and warrant that no Content submitted by you to this site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You will not impersonate any person or entity or misrepresent your affiliation to a person or entity.
We and our affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.
You are prohibited from violating or attempting to violate the security of the site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this site other than the search engine and search agents available from us on this site and other than generally available third party web browsers.
This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled.
We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.
Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. You understand that by using this site or any services provided on the site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this site and any service at your sole risk and that we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.
The laws of certain jurisdictions, including Québec, do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the exclusions or limitations below may not apply to you, and you may have additional rights.
This site is provided by us on an "as is" and "as available" basis. We make no representations or warranties, and provide no conditions, of any kind, whether legal, express or implied, as to the operation of the site or the information, content, materials, or products included on this site or services provided through this site. To the maximum extent permissible by applicable law, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose and non-infringement) relating to this site and any content. Without limiting the generality of the foregoing, we disclaim any and all warranties and conditions, legal, express or implied, for any merchandise displayed on this site and that this site will be error-free, current, uninterrupted, accurate, available, reliable, secure or complete. You acknowledge, by your use of this site, that your use of this site is at your sole risk. This disclaimer constitutes an essential part of these terms and conditions.
The above disclaimers shall survive indefinitely.
Informational Purposes Only
Insurance and financial-related information that may be provided on this site is provided for your general information only, and is not intended to substitute for, or provide, professional legal, investment, insurance, financial, accounting or tax advice. If you require any such advice, you should retain the services of a competent and/or licensed professional.
Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other content provided on this site are provided by our vendors, partners, and other third parties, and are not independently verified by us. The accuracy of such representations is the sole responsibility of the vendors, partners, and other third parties. While this site attempts to be accurate in its product and/or service descriptions, we do not represent or warrant that product and/or service descriptions or other content on this site are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with our return policy, or cancel the service in accordance with the applicable service agreement.
A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.
These Terms and Conditions between LUSH and you, the user, supersede all prior agreements and understandings pertaining to this subject matter.
The delay or failure by us to act with respect to a breach of these terms and conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
We make no promise that materials on this site are appropriate or available for use in locations outside Canada, and accessing this site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Canada, you do so on your own risk and are responsible for compliance with local laws.
Where we take payment for an order in Canadian Dollars, we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes. In addition, any refunds are made in Canadian Dollars and we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes.
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