PURCHASE TERMS & CONDITIONS
- These Purchase Terms and Conditions (“Purchase Terms”), together with the Terms of Service, the Privacy Policy and the Refund & Warranty Policies govern your order and purchase of your Lush Product (the “Product(s)”). Capitalized terms that are used in these Purchase Terms and not otherwise defined herein shall have the meaning ascribed to such terms in the Terms of Service.
- Please read carefully the following Purchase Terms, which together with LUSH’s Privacy Policy and Terms of Service (collectively, the “Terms“), constitute a binding agreement between you, the user who uses our Services (“You”), and us. By accepting these Terms or by accessing or using the Services, you signify your agreement with these Terms. If you do not agree to these Terms, you may not access or use the Services.
- Ordering the Product. As part of the ordering process to order the Product, you agree to provide us with certain information, including, but not limited to, your name, date of birth, shipping address, place of residence (if different from shipping address), billing address (if different from shipping address), your email address, phone number and any other information we may reasonably require before placing a request to order the Product. You warrant that the information you provide is true and accurate and are responsible for any errors or omissions in the information you provide and understand that it can lead to delays and issues with shipping and logistics. Furthermore you expressly represent and warrant that you will only use the Product(s) in accordance with the laws of the your territory of residence and the Purchase Terms relating to the Product(s).
- Confirmation or Rejection of Order Request. We will use our best efforts to fulfill all orders for the Product. However, we do not guarantee the availability of the Product at the time of your requested order. By clicking “confirm” on the order confirmation page of the Website, you agree that you are requesting an order, which we will then have the sole right to confirm or reject. By placing a request for an order, you authorize us to charge the purchase price (including applicable taxes, related fees, customs duties and shipping costs), of your order against your selected method of payment. If we confirm your order, your Product will be shipped when it is ready according to the shipping option you have selected. If we reject your order, we will notify you via email, and we may either: (1) refund any amounts we have charged against your selected method of payment; (2) or offer you a position on our wait-list for a later shipment, which you may accept or reject, where if you accept such position, we will retain any amounts charged to your selected method of payment. We reserve the right to reject an order or cancel a wait-list position at any time and for any reason and of course return any monies we have charged you should we reject your order.
- Fulfillment, Return and Cancellation.
You may cancel your order within two (2) business days of your purchase (the “grace period”) for any reason and receive your full money back. After 2 business days we will have begun the fulfillment of your order which may include the sourcing and purchase of various materials and components, logistics, labour, administration and other costs that are a part of the manufacturing and fulfillment process to fulfill your order and so cancellation anytime prior to shipping will result in a minimum 35% restocking fee. In order to cancel your order, you must inform us by sending a notice to the following email address: contact@lushplant.com of your request to cancel the order.
Order Fulfillment:Once your order is ready to ship you will be notified and receive your confirmation of shipment it will include a tracking # which will allow you to accurately track the exact delivery time of your shipment – this can be handled directly with the shipping service once shipped.
Shipping address must match that of the billing address OR we may contact you to verify your shipping address with additional documentation, this policy is to protect you and our company in our best efforts to eliminate any logistical/order irregularities.
The person named on the order must sign for receipt at time of delivery OR the product may be either held by the shipping company for a second attempt to deliver OR it may be returned to us for which a second shipping attempt to you may be required. Any additional costs for storage, second shipping or fees from the shipping service will be at your sole expense and required to be handled directly between you and the shipping service prior to delivery being completed.
**Please note all fulfillment and shipping delivery estimates you receive in communications from us are our best estimates and are subject to change. Final pricing will be confirmed at check out and timelines communicated via email.
Inspection and Returns:Upon receiving the Product, you are hereby instructed to inspect the Product for any defects, and notify us, without undue delay, of any defects. Your failure to inspect and notify us of defects will result in the Product being deemed irrevocably accepted by you. Should you discover any defect which renders your Product damaged or inoperable you notify us at contact@lushplant.com , without undue delay, and in no event, not later than thirty (30) days of receipt, we may, in our sole discretion, choose the best method of approach to inspect and/or service the Product, or choose to instruct you to return your Product to us at an address to be specified along with all or some of the materials shipped with your Product. Upon receiving your request we will provide you with detailed instructions with how to proceed with your service request that will be determined by a combination of reviewing your request with you and our Tech Support team member using their best practices protocol to address your request. Should it be deemed, at our sole discretion, that your Product is in need of service and/or it should, in whole or in part, be returned (in case we have instructed you to return the Product), upon its receipt at the instructed return address we will inspect it and determine, at our sole discretion, if it is in need of repair, and if so, if it is capable of repair. If it is capable of repair within thirty (30) days, we may elect to: (1) repair the defective Product or part and send it to you upon completion of repair; or (2) send you a new Product. If the defective Product is incapable of repair within thirty (30) business days, we will ship a new Product to you. We will not be liable for any loss or damage to your returned Product, or any loss or damage experienced as a result of delays due in whole or in part to the need for inspection and/or return of the Product(s), or any damages caused during the shipment of the returned Product.
You agree that under no circumstances will you send to us a Product in which any controlled substance has ever been present. If you send us a Product in which any controlled substance has ever been present, we will destroy the Product and you shall not receive a new Product or any refund of any amounts paid to us, including, but not limited to the purchase price you paid for Product.
- Refund
Upon cancellation of your purchase within the allotted 2 day grace period, we will refund any amounts we have charged against your selected method of payment. We will deduct the appropriate percentage of the total purchase price only in instances when your selected method of payment insists on collecting processing fees on returns/refunds unless applicable law prohibits such deduction. Notwithstanding Section 10 below, except for said refund amount, you hereby explicitly agree to waive any claim, or demand of any kind or form whatsoever against LUSHPLANT And any of its partners, affiliates, parent/sister companies, directors, officers, employees or contractors (collectively “LUSH” or “us”), with respect to the cancellation of your order.
- Delivery and Potential Delays.
We will make best efforts to deliver the Product to you as soon as reasonably practicable, you understand and agree that there may be unforeseen delays in delivery of the product. Delivery of the Product to you in the event of delays can take upwards of eight (8) month from the time you place an order with us, this of course is a worst case scenario estimation and we do always aim to deliver on orders as fast as practicable (“Estimated Time of Delivery”, or “ETD”). Although An Estimated Time of Delivery is only an estimate, it is subject to changes, and LUSH does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event of a delay in your Product shipment, LUSH is not responsible for any damages that may occur due to such delay, nor shall it be obligated, except as set forth in these Purchase Terms, to provide any discounts, refunds or credits due to any such delay. We will provide you periodic updates with respect to such delivery schedule. In the event of delays we will honour the price at which you made your purchase even if the delays result in you receiving an upgraded or better model than you paid for (sometimes patience really does pay off!)
- Fees.
Please note the pricing information published on the Website may not reflect the prevailing pricing. We, at our sole discretion, may make promotional offers with different features and different rates to any of our distribution/sales channels and/or customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer, order or contract. We may change the fees for our Product, Services or Website, as we deem necessary for our business. We encourage you to check back at our Website periodically if you wish to learn more regarding how we charge for these items.
- Customs, Duties and Taxes.
The customs office of the destination country may impose customs fees, import duties, taxes, and other charges to your international order where applicable. These additional charges required for customs clearance will be at your sole responsibility. When your order arrives at customs, either your shipper or the customs office, will contact you directly to arrange for the payment of any charges that may be due. Please contact your local customs office for further details.
- Miscellaneous.
These Purchase Terms may NOT be modified by you. LUSH reserves the right to update these terms as business and legislative realities may require, and in which case an up to date and complete version will always be available to you at www.lushplant.com . No other act, document or usage will be deemed to modify or amend these Purchase Terms. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby, and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Purchase Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint ventures or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Purchase Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Purchase Terms but are for convenience only. You and LUSH agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Purchase Terms. The laws of Ontario, Canada, excluding any conflicts or choice of law rules, exclusively govern these Purchase Terms. Your use of the Product(s), User App or the Website may also be subject to other local, state, national, or international laws and you expressly and without limitation indemnify LUSH and it’s directors, officers, partners, employees and affiliates from any and all legal or monetary damages you may experience from the use of our Products and/or Services. You are solely responsible to ensure that your use of our Products and Services comply with the rules and laws of your city, province, state and country and expressly warrant to only ever use our Products and Services in a fully legal and compliant manner by the laws of your jurisdiction.
- Modifications.
As part of the research, development, manufacturing and legislative realities of our business and its products and services we continuously are making updates, upgrades, changes and alterations to better our products; We reserve the right at our sole discretion to make such changes and hereby notify you that the finished product you receive may not be exactly as displayed/described on our product page.
- We may change these Purchase Terms to meet technical, operational and legal requirements for our business and the jurisdictions in which it conducts business. We will post a notice about changes made to the Purchase Terms on our Website, and we may send you a notice by email, reasonable time before the changes take effect.
- END USER LICENSE AGREEMENT (EULA) A copy of our End User License Agreement that governs the use of our Products and Services can be found at lushplant.com and by reference is included and applied to the Purchase Terms outlined here-in.
- CONTACT US.
If you have any questions regarding these Purchase Terms, the Product or the Website please don’t hesitate to contact us at contact@lushplant.com