Terms and Conditions  

Terms of Use 

1) Introduction 

Lush Vitality (www.lushvitalit.in) is a website (the “Website”) operated by Lush Vitality (a partnership firm ) (the  “Website Owner”). The Website Owner, including subsidiaries and affiliates (or "we" or "us" or "our") provides the  information contained on this Website or any of the pages comprising the Website to visitors ("Visitors")  (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these  Website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and  notices which may be applicable to a specific section or module of this website. Please read this agreement  carefully. By browsing, accessing or using this website or by using any facilities or services made available  through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all  of which are called the "Agreement"). This Agreement is made between you and us. 

2) Website Availability 

o Lush Vitality may suspend the Website for any reason whatsoever, including but not limited to repairs,  planned maintenance or upgrades, and shall not be liable to you for any such suspension. o Lush Vitality reserves the right to make any changes to the Website or to discontinue any aspect or feature of  the Website without notice. 

o In the event that Lush Vitality, in its sole discretion, considers that you are making any illegal and/or  unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Lush Vitality reserves the right to take any action that it deems necessary, including terminating without notice your use of the  Website and, in the case of illegal use, instigating legal proceedings. 

3) Your Status 

By placing an order to purchase Products (Order) through the Website, you warrant that: o You are legally capable of entering into binding contracts; and 

o You are at least 18 years old 

4) The Contract Between You and The Partner 

o After placing an Order, you will receive an email from Lush Vitality acknowledging that Lush Vitality has  received your order. Please note that this does not mean that your Order has been accepted. Your Order  constitutes an offer to Lush Vitality to buy a Product from the third party that offers the Product for sale via the  Website (the Partner). All orders are subject to acceptance by the Partner, and the Partner will confirm such  acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch  Confirmation). The contract between the Partner and you (Contract) will only be formed when the relevant  Partner sends you the Dispatch Confirmation. 

o Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch  Confirmation. The Partner shall 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 by way of a Dispatch Confirmation. o For the avoidance of doubt, your contract with Lush Vitality relates only to your use of the Website and the  Services available therein. 

5) Credit Card Payment 

In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The  liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the  user 

6) Trademarks 

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are  registered and unregistered trademarks of the Website Owner and the suppliers of the products listed on the  Website. Nothing contained on this website should be construed as granting any licence or right to use any  trademark without the prior written permission of the Website Owner. 

7) External Links 

External links may be provided for your convenience, but they are beyond the control of the Website Owner and  no representation is made as to their content. Use or reliance on any external links and the content thereon  provided is at your own risk. When visiting external links you must refer to that external websites terms and  conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this  website without the express prior written permission of the Website Owner. Please contact us at  marketing@lushvitality.in if you would like to link to this website or would like to request a link to your website. 

8) Specific Use 

You further agree not to use the website to send or post any message or material that is unlawful, harassing,  defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive,  profane, pornographic or violates any applicable law and you hereby INDEMNIFY the Website Owner against 

any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer  which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any  such message or material. 

9) Lush Vitality Refund Policy 

Products returned by you because of a defect will be refunded in full, including a standard delivery cost incurred  by you in returning the item to us. Lush Vitality will not refund opened or used product. All refunds will be initiated  through a Bank NEFT/RTGS transfer.  

10) Disclaimer of Liability 

The Website Owner shall not be responsible for and DISCLAIMS all liability for any loss, liability, damage  (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be  suffered by you or any third party (including your company), as a result of or which may be attributable, directly or  indirectly, to your access and use of the website, any information contained on the website, your or your  company's personal information or material and information transmitted over our system. In PARTICULAR,  neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to  any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential),  personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission  of any share price information or the transmission thereof, or for any actions taken in reliance thereon or  occasioned thereby or by reason of non-performance or interruption, or termination thereof.  

11) User of the Website 

The Website Owner does not make any warranty or representation that information on the website is appropriate  for use in any jurisdiction (other than India). By accessing the website, you warrant and represent to the Website  Owner that you are legally entitled to do so and to make use of information made available via the website. 

12) No Commercial Use 

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit,  display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell  any content, software, products, or services contained within this site. You may not use this site, or any of its  content, to further any commercial purpose, including any advertising or advertising revenue generation activity  on your own site. 

13) Visitor Registration 

Visitors will need to register with the Website in order to use some of the services or features made available on  this Website. When you register, you are required to provide information about yourself that is true, accurate,  current and complete in all respects. Should any of your registration information change, please notify us  immediately either using the Website’s automated service, or via e-mail at sales@vahdamteas.com . We may  change registration requirements from time to time. 

14) General 

o Entire Agreement 

These website terms and conditions constitute the sole record of the agreement between you and the Website  Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express  tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically  stated these website terms and conditions supersede and replace all prior commitments, undertakings or  representations, whether written or oral, between you and the Website Owner in respect of your use of the  website. 

o Alteration 

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You  acknowledge that by visiting the website from time to time, you shall become bound to the current version of the  relevant terms and conditions (the "current version") and, unless stated in the current version, all previous  versions shall be superseded by the current version. You shall be responsible for reviewing the then current  version each time you visit the website. 

o Conflict 

Where any conflict or contradiction appears between the provisions of these website terms and conditions and  any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or  notices which relate specifically to a particular section or module of the website shall prevail in respect of your  use of the relevant section or module of the website. 

o Waiver 

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a  waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms  hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or  limiting such rights. 

o Cession 

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms  of any relevant terms and conditions, policies and notices to any third party 

o Severability 

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which  they have been grouped together or linked grammatically, severable from each other. Any provision of any  relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction,  whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction  only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions  of any relevant terms and conditions, policies and notices shall remain in full force and effect. o Applicable 

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with  the laws of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive  jurisdiction of the courts of India in respect of any disputes arising in connection with the website, or any relevant  terms and conditions, policies and notices or any matter related to or in connection therewith. o Comments or Questions 

If you have any questions, comments or concerns arising from the website or any other relevant terms and  conditions, policies and notices contact us at wecare@lushvitality.in