Lushes Terms

LUSHES Terms & Conditions: Governing Your Experience and Our Commitments

Welcome to LUSHES. These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” “you,” or “your”) and LUSHES (“LUSHES,” “we,” “us,” or “our”), governing your access to and use of the LUSHES website, including any content, functionality, and services offered on or through www.LUSHES.in (the “Website”).

By accessing, Browse, or using any part of the Website, including making any purchase, creating an account, or interacting with our services, you signify your unconditional acceptance and agreement to be bound by these Terms, our Privacy Policy, our Shipping Policy, and any other policies or guidelines referenced herein or made available on our Website. If you do not agree to all of these Terms, you are explicitly prohibited from using the Website and must discontinue use immediately.

We have meticulously crafted these Terms to be transparent, fair, and comprehensive, reflecting our commitment to a clear and respectful relationship with our valued customers. As LUSHES operates from Rewari, Haryana, India, these Terms are primarily governed by Indian laws, while also acknowledging and striving for compliance with international consumer protection standards for our global clientele.

Please read these Terms carefully before proceeding with any use of the Website or making a purchase.

1. General Usage of the Website: Your Digital Interaction with LUSHES

This section outlines the rules and expectations for your general interaction with the LUSHES Website, ensuring a respectful and secure online environment for all users.

1.1. Acceptance of Terms:

Your use of the Website implies your full and unequivocal acceptance of these Terms. If you engage in any activity on the Website, such as Browse, clicking on links, or submitting information, you are acknowledging that you have read, understood, and agreed to be bound by these Terms.
LUSHES reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Website, with the “Last Updated” date revised accordingly. Your continued use of the Website after such modifications constitutes your acknowledgment and acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed.

1.2. Eligibility and Age Restrictions:

By using the Website, you represent and warrant that you are at least 18 years of age and are legally capable of entering into binding contracts. If you are under 18, you may use the Website only with the involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms. LUSHES does not knowingly collect personal information from individuals under 18.
The Website is intended for users who are competent to contract under applicable law. If you are accessing the Website from a jurisdiction where these Terms are not enforceable, you agree to waive any objections to the application of these Terms.

1.3. Website Access and Availability:

LUSHES endeavors to ensure that the Website is available 24/7. However, we do not guarantee uninterrupted, secure, or error-free access to the Website. Access may be temporarily suspended without notice in the case of system failure, maintenance, repair, or for reasons beyond our control.
LUSHES reserves the right to withdraw or amend the service we provide on the Website, or any part thereof, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

1.4. User Responsibilities and Conduct:

Lawful Use: You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
Accuracy of Information: You agree to provide accurate, current, and complete information when prompted by the Website (e.g., during account registration or checkout). You acknowledge that LUSHES is not responsible for any issues arising from inaccurate or incomplete information provided by you.
Prohibited Activities: You are expressly prohibited from:
- Engaging in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
- Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any LUSHES server, by hacking, password mining, or any other illegitimate means.
- Probing, scanning, or testing the vulnerability of the Website or any network connected to the Website, nor breaching the security or authentication measures on the Website or any network connected to the Website.
- Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Website or any part thereof.
- Engaging in any form of data mining, data harvesting, or data extraction activities in relation to this Website.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Intellectual Property: All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of LUSHES or its content suppliers and protected by Indian and international copyright, trademark, patent, and other intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any portion of the Website without LUSHES’s express written consent.
Third-Party Links: The Website may contain links to third-party websites or services that are not owned or controlled by LUSHES. LUSHES has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that LUSHES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

1.5. Disclaimer of Warranties and Limitation of Liability (General Use):

The Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Website are provided by LUSHES on an “as is” and “as available” basis, unless otherwise specified in writing. LUSHES makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, unless otherwise specified in writing.
You expressly agree that your use of the Website is at your sole risk.
To the full extent permissible by applicable law, LUSHES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
LUSHES does not warrant that the Website, information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, their servers, or electronic communications sent from LUSHES are free of viruses or other harmful components.
LUSHES will not be liable for any damages of any kind arising from the use of the Website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

2. Purchase Conditions: Your Transactional Agreement with LUSHES

This section outlines the terms and conditions specifically related to the purchase of products from the LUSHES Website, forming the contractual basis for your order.

2.1. Product Information and Availability:

Accuracy: LUSHES strives to be as accurate as possible in the description of products, including colors, sizes, materials, and other specifications. However, we do not warrant that product descriptions or other content of the Website is entirely accurate, complete, reliable, current, or error-free. Slight variations in color, texture, or finish may occur due to manufacturing processes, photographic lighting sources, or your monitor settings.
Availability: All products are subject to availability. While we make every effort to ensure our stock levels are accurate on the Website, there may be rare occasions where an item you order is out of stock. In such an event, we will notify you promptly and offer a full refund or an alternative product.
Pricing: All prices displayed on the Website are in Indian Rupees (INR) unless otherwise specified. For international customers, currency conversion will be handled by your bank or payment provider at their prevailing rates. Prices are subject to change without notice. The price charged will be the price displayed at the time of your order confirmation.
Taxes: For domestic orders within India, prices displayed on the website are inclusive of Goods and Services Tax (GST) where applicable. For international orders, prices displayed do not include any import duties, customs taxes, VAT, or other local fees that may be levied by your country’s customs authorities. These international taxes and duties are the sole responsibility of the customer (as detailed in our Shipping Policy).

2.2. Order Placement and Acceptance:

Order as Offer: When you place an order on the LUSHES Website, you are making an offer to purchase the product(s) in your cart subject to these Terms.
Order Confirmation: After placing an order, you will receive an email from us acknowledging that we have received your order. This email is an acknowledgment only and does not constitute acceptance of your order.
Order Acceptance: All orders are subject to acceptance by us. Your order acceptance will take place when we dispatch the product(s) to you. At this point, the contract between you and LUSHES for the purchase of the specific product(s) is formed. We reserve the right to refuse any order for any reason, including but not limited to product unavailability, inaccuracies in pricing or product descriptions, suspected fraud, or if we believe the transaction is otherwise in violation of these Terms.
Pre-orders/Backorders: For pre-order or back-order items, estimated dispatch dates will be provided. These are estimates and may change. Your card will be charged at the time of pre-order/back-order placement, and the product will be shipped once available.

2.3. Payment Terms:

Payment Methods: LUSHES accepts various payment methods, including major credit cards (Visa, MasterCard, Amex), debit cards, UPI, Net Banking, and select digital wallets. Cash on Delivery (COD) may be available for specific pin codes within India, subject to additional charges as outlined in our Shipping Policy.
Payment Security: All online payments are processed through secure, encrypted payment gateways that are PCI-DSS compliant. LUSHES does not store your sensitive payment card details on its servers. Your financial information is handled directly by the payment processor.
Failed Payments: In the event of a failed payment, your order will not be processed. Please ensure your payment details are correct and sufficient funds are available.

2.4. Shipping and Delivery:

Compliance with Shipping Policy: All purchases are subject to LUSHES’s Shipping Policy, which is incorporated into these Terms by reference. You agree to be bound by the terms outlined in our Shipping Policy regarding delivery times, shipping partners, international shipping, customs, and free shipping eligibility.
Risk of Loss: The risk of loss and title for items purchased from LUSHES pass to you upon our delivery to the carrier. LUSHES is not responsible for any products lost or damaged during transit once they have been handed over to our shipping partners. However, we will assist you in coordinating with the carrier to file a claim if required.

2.5. Returns, Refunds, and Exchanges:

Compliance with Return & Refund Policy: All returns, refunds, and exchanges are governed by LUSHES’s Return & Refund Policy, which is incorporated into these Terms by reference. You agree to abide by the conditions, timelines, and procedures outlined therein, including eligible return windows, non-returnable items, refund timelines, and exchange processes.
Inspection Upon Return: All returned items are subject to a thorough inspection by LUSHES’s quality control team. Items must be in their original, unused, and unworn condition with all original tags and packaging intact to be eligible for a refund or exchange. LUSHES reserves the right to refuse returns that do not meet these criteria.

2.6. Cancellation Policy:

Customer-Initiated Cancellation: You may request to cancel an order only if it has not yet been processed for dispatch. Once an order enters the shipping process (e.g., packed, label generated, handed over to courier), it cannot be canceled. To request a cancellation, please contact our Customer Support immediately. LUSHES cannot guarantee cancellation once an order has been placed.
LUSHES-Initiated Cancellation: LUSHES reserves the right to cancel any order for reasons including, but not limited to:
- Product unavailability or stock inaccuracies.
- Inability to obtain authorization for payment.
- Identification of a pricing or product description error.
- Suspected fraudulent or unauthorized transaction.
- Unforeseen circumstances (force majeure events).
- If the shipping address is unserviceable or deemed unsafe for delivery by our partners.
- Violation of these Terms or any other LUSHES policies.
- In case of a LUSHES-initiated cancellation, if your payment has already been processed, a full refund will be issued promptly.

3. Account Obligations: Your Responsibilities as a LUSHES User

This section details the responsibilities and obligations associated with creating and maintaining an account on the LUSHES Website.

3.1. Account Creation and Security:

Voluntary Registration: While Browse LUSHES’s Website is possible without an account, creating an account enables a more personalized experience, faster checkout, and access to features like order history and wish lists.
Accuracy of Information: When creating an account, you agree to provide accurate, current, and complete information as requested. You are responsible for maintaining the accuracy of your account information.
Account Credentials: You are solely responsible for maintaining the confidentiality of your account login credentials (username and password). You agree to notify LUSHES immediately of any unauthorized use of your account or any other breach of security. LUSHES cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Account Usage: You are responsible for all activities that occur under your account, whether or not you have authorized such activities.

3.2. Prohibited Account Conduct:

Multiple Accounts: Creating multiple accounts to abuse promotions, referral programs, or other Website features is prohibited.
Sharing Accounts: Sharing your account login details with others is prohibited. Your account is for your personal use.
Misuse of Features: Using account features (e.g., reviews, wish lists) for unlawful, malicious, or abusive purposes is strictly forbidden.
Fraudulent Activity: Engaging in any activity on your account that LUSHES deems fraudulent, suspicious, or harmful to LUSHES or its users will result in immediate termination of your account and potential legal action.

3.3. Account Termination:

By You: You may terminate your LUSHES account at any time by contacting our customer support team with a clear request for account deletion. Please note that certain data related to past transactions may be retained for legal and accounting purposes even after account deletion.
By LUSHES: LUSHES reserves the right to suspend or terminate your account and/or access to the Website at its sole discretion, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms.
- Suspected fraudulent, illegal, or abusive activity.
- Violation of our intellectual property rights.
- If we are required to do so by law.
- Any activity that is harmful to LUSHES, its users, or third parties.
In the event of account termination by LUSHES, any ongoing orders may be canceled, and associated refunds processed according to our policies, unless the termination is due to fraudulent activity, in which case a refund may be withheld.

4. Dispute Resolution: Our Commitment to Fair Resolution

LUSHES is committed to fostering positive customer relationships and resolving any disputes fairly and efficiently. This section outlines the process for resolving disagreements.

4.1. Amicable Resolution (First Step):

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or any purchase from LUSHES, both parties agree to first attempt to resolve the matter amicably through good-faith negotiations.
Please contact LUSHES Customer Support via email at [Customer Support Email, e.g., support@LUSHES.com] or through our designated contact channels. Provide a detailed description of your issue, including relevant order numbers, dates, and any supporting documentation.
LUSHES will endeavor to respond to your concern within [e.g., 3-5 business days] and work collaboratively towards a mutually agreeable resolution.

4.2. Governing Law and Jurisdiction:

These Terms and your use of the LUSHES Website shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the state of Haryana, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be exclusively brought in the competent courts located in Bhiwani, Haryana, India. You hereby consent to the exclusive jurisdiction and venue of such courts.

4.3. Mandatory Arbitration (for Indian Users, if applicable and legally permissible):

If an amicable resolution cannot be reached within [e.g., 30 days] of the initial contact, and if legally permissible under Indian law for consumer disputes, any unresolved dispute may be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof.
The arbitration shall be conducted by a sole arbitrator appointed by LUSHES, with mutual consent where possible.
The seat and venue of the arbitration shall be Bhiwani, Haryana, India.
The language of the arbitration shall be English.
The arbitral award shall be final and binding on both parties.
Note: The applicability of mandatory arbitration for consumer disputes varies by specific legal interpretation and the nature of the dispute. This clause would need careful legal review.

4.4. Class Action Waiver:

You agree that any dispute resolution proceedings, whether in court or arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive the right to participate in any class action lawsuit or class-wide arbitration against LUSHES.

4.5. Severability:

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provision shall be deleted without affecting the remaining provisions herein.

5. Miscellaneous Provisions: Completing the Framework

This section covers general legal clauses that govern the overall interpretation and enforcement of these Terms.

5.1. Entire Agreement:

These Terms, along with the Privacy Policy, Shipping Policy, Return & Refund Policy, and any other policies or guidelines posted on the Website, constitute the entire agreement between you and LUSHES concerning your use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LUSHES.

5.2. Force Majeure:

LUSHES shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

5.3. Waiver:

No waiver by LUSHES of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LUSHES to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

5.4. Headings:

The headings and subheadings used in these Terms are for convenience only and shall not affect their interpretation.

5.5. Assignment:

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of LUSHES. LUSHES may freely assign or transfer its rights and obligations under these Terms without restriction.

5.6. Electronic Communications:

By using the Website or communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.7. Feedback and User Submissions:

Any feedback, comments, suggestions, ideas, or other information (collectively, “Submissions”) that you provide to LUSHES shall be deemed to be non-confidential and non-proprietary. LUSHES shall be free to use and disseminate such Submissions on an unrestricted basis for any purpose, without any acknowledgment or compensation to you. You grant LUSHES a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions in any media.

Contact Us: Your LUSHES Journey, Our Support

For any questions, clarifications, or concerns regarding these Terms & Conditions, or for any assistance with our products or services, please do not hesitate to contact our dedicated Customer Support team:

Email: lushessuport@gmail.com
Registered Address: LUSHES, Hansi Gate, Bhiwani, Haryana, India (127021)

We are committed to providing you with an exceptional and trustworthy experience. Thank you for choosing LUSHES.