Terms and Conditions
Terms and Conditions
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
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 email@example.com 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 firstname.lastname@example.org . We may change registration requirements from time to time.
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.
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.
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.
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.
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
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 email@example.com