Terms of Use

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").

For information on privacy issues please also see our Privacy Policy.

General

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.

If we update these Terms of Use, we will post the new Terms of Use on this site and note the date that they were last updated. Your use of this site following any such posting constitutes your unconditional agreement to follow and be bound by the terms and conditions as changed.

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.

User-Provided Content

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.

LUSH has arranged with PowerReviews, Inc. (d/b/a Buzzillions) ("Power Reviews") to facilitate the collection of customer product reviews on products sold by LUSH. When you submit a product review to LUSH, you are also subject to PowerReviews' terms of use and privacy policies. Accordingly, you should review those policies prior to submitting a review. Also, reviews you submit may be posted on both Buzzillions.com and lushusa.com.

We and our affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.

Site Security

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.

Our Liability

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.

None of LUSH, our affiliates, our respective directors, employees, officers, mandataries, agents, vendors, licensors or suppliers are liable in contract, tort (including, without limitation, negligence), strict liability or otherwise, for any damages arising out of or related to access to or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages of any nature whatsoever. Other than as expressly provided in these Terms of Use, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. As stated above, the products sold on this site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this site or for any products or services purchased from us.

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.

Disclaimer

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.

Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Lush reserves the right at any time after receipt of your order to accept or decline your order for any reason. Lush further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Lush upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Lush has been effected until you receive a confirmation from Lush via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received. Accepted orders exceeding item quantities or weights considered reasonable for normal personal use may be shipped by own arrangement via Courier, or in person, from our distribution facility, with an agreed collection date and time. The product and condition thereof must be accepted and signed off prior to the shipment leaving our facility. All responsibility including product damage, shipping errors become that of the purchaser at the time it leaves our facility.

This Site is provided solely for retail customers. The Site shall not be used to purchase products for re-sale or export. You represent and warrant that by placing an order via the Site that you are not a reseller, dealer, exporter, or distributor who resells the products offered by us. Site does not accept orders from any reseller, dealer, exporter, or distributor who resells our products. Site reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

Severability

If any of these Terms of Use is or becomes invalid or unenforceable, then these terms and conditions will be modified to remove the invalidity or unenforceability and will then be binding. All other terms and conditions will remain in full force and effect.

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.

Miscellaneous

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.

We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms of Use or any related contract to any third party.

These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir(s), executor(s), administrator(s) and other legal representatives; and (ii) us and our successors and assigns.

In the event of any conflict between the English version of these Terms of Use and any translation of them, the English version will prevail. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

Privacy & LUSH

Your consent to the use of the personal information you provide to LUSH is outlined in our Privacy Policy.