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Terms of Use

    Last updated on: MARCH 15, 2024

    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.

     1. 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 (the “Terms”). All orders and purchases made through this Site are also governed by these Terms.

    These Terms and Use of and orders placed on this Site are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada. If you are accessing this Site from the province of Quebec or if you make a purchase from the province of Quebec, use of and orders placed on this Site are governed by the laws and the courts of the province of Quebec, 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 Site at any time without notice, including prices and item availability. 

    All sizes and weights quoted are approximate. To the extent permitted by applicable laws, 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 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 third-party terms and conditions of delivery. 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. 

    The sale of products on this Site may be subject to additional terms that will be made available before you place your order.

    Subject to section 5 hereafter, if we update these Terms, we will post the new Terms 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 as changed.

    2. Passwords and Accounts

    In order to access or use some (or potentially all) of the features on the Site, you may be required to first register through our online registration process, found here to register. The Site’s practices governing any resulting collection and use of your personal information that we collect as part of account registration are disclosed in our Privacy Policy.

    Usernames and passwords must be personal and unique and must not violate the rights of any person or entity or be offensive. We may reject the use of any password, username, or email address for security reasons or if they violate these Terms. 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 username. 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 of any unauthorized use of your account, password, or username, or any other breach of security and you will remain responsible for any unauthorized use to the fullest extent permitted by applicable law. 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 in this regard.

    If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your Lush Site account, please contact us at [email protected] and include “Account Closure Request” in the subject line with your full name and email address associated with your account. Except to this extent prohibited by applicable laws, we may suspend or cancel your account at any time for any reason without notice or liability to you or any other person.

    3. Terms Applicable for Purchases

    To purchase any products or services in the Lush online store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence prior to the purchase of any products or services, you must provide us with a valid payment method (credit card, gift card, AfterPay or PayPal) and related payment information needed to process the payment. By submitting that information to us or our third-party payment processor, you agree that you authorize us and/or our processor pre-authorize the payment and to charge your method of payment. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Lush will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. Also, please review our FAQ, if you have questions about the terms applicable for purchases.

    A product purchased through the Site is delivered to you by a third-party delivery company. This delivery company is an entity completely independent from Lush and does not act as an associate or affiliate. You will become the owner of the purchased product(s) and will assume the risks of loss immediately upon delivery of the product(s) by the third party delivery at the address indicated in the order.

    All payments must be made by Visa, MasterCard, Discover, American Express or Diners Club International, Lush Gift Card, AfterPay or PayPal. We currently do not accept cash, personal or business checks or any other payment form. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT LUSH, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. If Lush does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Lush or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products as shown online. Such taxes will be automatically added to orders by Lush and withheld by Lush. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Lush shall automatically charge 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.

    All purchase transactions made through the Site are subject to Lush’s Return and Exchange Policy and Lush’s Shipping Policy in effect at the time of purchase. Lush’s current Return and Exchange Policy can be found here and is incorporated into these Terms by reference. Lush’s current Shipping Policy can be found here and is incorporated into these Terms by reference.

    The purchase of products and services on the Site is subject to availability. EXCEPT TO THIS EXTENT PROHIBITED BY APPLICABLE LAWS, PRODUCTS AND SERVICES DISPLAYED ON THE SITE ARE SUBJECT TO AVAILABILITY AND MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. LUSH RESERVES THE RIGHT, AT ANY TIME PRIOR TO AN ORDER BEING SUBMITTED BY YOU AND CONFIRMED BY US, TO CHANGE ITS PRICES AND BILLING METHODS FOR THE SALE OF PRODUCTS, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

    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, to the extent permitted by applicable laws, 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. To the extent permitted by applicable laws, 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.

    4. Order Acceptance Policy

    As permitted by applicable law, your orders are offers to purchase subject to our acceptance, which takes the form of an order confirmation by email, which we shall have the right to refuse or cancel.  Subject to applicable laws, Lush reserves its right, at its sole discretion, to refuse or cancel any order as well as to apply restrictions on the quantity of products covered by an order, including for orders that were approved by Lush. Lush is also entitled to seek additional information from you before accepting, processing or delivering an order. Without limiting the foregoing, Lush is entitled to refuse or cancel any order as well as to apply restrictions on an order for the following grounds: (a) the product is not available, became unavailable by reason of inventory variation or is back order; (b) the quantity of products ordered, in an order, exceeds the reasonable quantity of products allowed by order or by customer for purpose of personal consumption; (c) the invoicing information appears inaccurate; (d) the price or any important information on the Site or with regard to the products at the time of the order are incorrect or materially inaccurate; (e) the order has an unusual character or appears to be fraudulent; (f) the order reveals or suggests that you are a reseller or that you make the purchase for purposes of resale to a third party.

    In cases of refusal, cancellation or restriction of the order, Lush will notify you that such order is refused, cancelled or restricted. As the case may be, Lush will not invoice the amount of the order or will proceed to the refund by reversing the charges applied on the credit card of the User.

    If you request for any changes or cancellations to an order, 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.

    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 you are not a reseller, dealer, exporter, or distributor who resells the products offered by us.

    View our Bulk Buying Policy.

    5. Subscription

    You may enroll in a Lush subscription to access the Lush Kitchen Subscription Box (the “Subscription”). The Subscription is recurring and may be made available on a monthly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the Subscription (“Subscription Fee”). Based on your Subscription Periods, The Lush Kitchen Subscription Box is delivered monthly. You agree that your Subscription will continue until you cancel or pause it and that you will be charged the Subscription Fee both (i) at the beginning of the initial Subscription Period and (ii) at the beginning of each subsequent Subscription Period until you cancel or pause your Subscription. YOU HEREBY AUTHORIZE LUSH TO AUTOMATICALLY CHARGE THE SUBSCRIPTION FEE TO YOUR CREDIT CARD OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY PAYMENT METHOD YOU HAVE SELECTED, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL OR PAUSE YOUR SUBSCRIPTION. YOU MUST CANCEL OR PAUSE YOUR SUBSCRIPTION AT LEAST FORTY-EIGHT (48) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. You may cancel or pause your Subscription by signing into your account and selecting “Manage My Subscription”. In the event that Lush is unable to process Subscription Fees as authorized by you when you enrolled in a Subscription, Lush may in its sole discretion (i) bill you for your Subscription Fee and suspend your access to the Subscription until payment is received or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging the Subscription Fees as authorized by you. All Subscription Fees are fully earned upon payment.

    If the Subscription Fee changes or if we make material changes to Subscription terms, Lush will notify you at least thirty (30) days in advance of the next Subscription Period. If you do not want to pay the new Subscription Fee or if you do not agree to the terms modification, you must cancel your subscription at least forty-eight (48) hours before the end of the current Subscription Period. The cancellation is without cancellation fees, penalties or indemnities. If you do not cancel, your non-cancellation will constitute consent to the Subscription Fee changes and/or the terms modification and your Subscription will automatically renew at the then-current Subscription Fee at the time of renewal and with the modified terms and for the same duration as the initial Subscription term, and Lush will charge your on-file payment card or method on the first day of the renewal of the Subscription term.

    If you used a promo code, coupon code, or other discounts to sign up for a Subscription, your Subscription will automatically renew at the end of the coupon period. Lush will automatically charge your payment method on file, and you will be responsible for payment of the then-current full Subscription Fee.

    6. Pre-Order Terms

    In addition to the above Order Acceptance Policy, this section applies to products which are offered on a pre-order basis by Lush.

    Pre-orders are made available on selected product lines. Lush does not guarantee the availability of any pre-order product. When pre-ordering an item, an expected date of delivery will be displayed on the product page.  This date is not a guaranteed date and is subject to change. Lush will provide notification of any delays to this date by email.

    Payment for all pre-orders will be processed 1-3 days after placing the order.  At any time before the pre-order product is shipped, you may cancel the pre-order by contacting Customer Care for a credit to your credit card account. If for any reason, we are not able to fulfill your pre-order, we will issue a credit to your credit card account in the amount charged for pre-order product.

    7. Mobile Devices and SMS Communications

    If you access or use this Site on a mobile device, or opt-in to receive SMS communications (text messages) from Lush, including notifications about online purchases and messages about products, special offers, events or other news, you agree that you are solely responsible for all data and message charges that apply to your access to or use of this Site or receipt of SMS communications. Message and data rates may apply to any messages sent to you from us and to us from you. When you opt-in to receive SMS communications from Lush about picking up your purchase in-store, you will receive up to five text messages related to your order.

    You can text "HELP" or “AIDE” or “INFO” to 58741 for help or more information, and text “STOP” or “ARRET” to 58741, or follow the “unsubscribe” link provided in a SMS message from us, to opt-out of receiving future SMS communications about your order. After you opt out, we will send you a reply SMS message to confirm that you have been unsubscribed. If you want to opt-in again, just sign up again, and we will start sending the SMS communications to you again.

    Lush is able to deliver SMS communications to many major mobile phone carriers, including the following (subject to change from time to time): Aliant Mobility, Bell Mobility, Eastlink, Fido, Mobilicity, MTS, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Telebec Mobilite, TELUS Mobility, Videotron, Virgin Mobile Canada, Freedom Mobile. The supporting mobile carriers may change without notice, and the particular SMS communication service you join may be limited to specific carriers from time to time.

    To find out more about when and how we collect, use and disclose information related to your mobile device, including your phone number, please see our Privacy Policy, or contact us using the details provided at the end of these Terms.

    8. Intellectual Property

    All right, title and interest in and to the Site and its content (the “Content”), including all copyrights, patents, trademarks, service marks, trade names, database rights, design rights and all other intellectual property rights therein, whether registered or unregistered (collectively, “Intellectual Property”) is the property of Lush, our licensors or certain other third parties, and is protected by Canadian, U.S., and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Access to this Site does not confer upon anyone's 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 Content. 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.

    9. Permitted Uses

    Your right to access and use the Site and Content is subject to your strict compliance with these Terms and any additional terms. Your right to access and use the Service and Content shall automatically terminate upon any violations of these Terms or any additional terms. You are granted a non-exclusive, non-transferable, non-sub-licensable, limited, and revocable right to access and use the Site and Content solely for your own personal, non-commercial and lawful use. As your right to access and use the Site and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may access and use the Service and Content to access, display, print, download and use the Site in HTML language, in object code, as well as all the texts, audio clips and video clips, and to obtain a registered personal account, provided that such access and use is made for non-commercial and personal purposes only and that the User complies with the following conditions:  

    With the exception of the restricted licence mentioned above, no other use of the intellectual property rights of Lush is permitted without obtaining the prior written consent of Lush.

    In order to allow access to the Site or online transactions, Lush may authorize you to download a software and/or computer applications from the Site or other Internet sources. These software and/or computer applications are protected by copyrights. Their download and use are governed by the specific licence agreements in regard to these software and/or computer applications. Should you download any such software or computer applications, you undertake to comply with the Terms of the specific license agreements relating to the use of the software and/or computer applications.

    10. 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, 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, 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.

    11. User-Provided and Generated Content

    By submitting or creating content on or through this Site, by email or telephone, or by otherwise disclosing, submitting or offering content in connection with your use of this Site such as messages, chat messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained (collectively, the "Submissions"), you represent and warrant that you have full right and authority to submit the Submissions, and that you have copyright and proprietary right over the Submissions. You further represent and warrant that any Submissions submitted by you to the Site will not violate these Terms or any right of any third party, including without limitation, copyright, trademark, 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 Submissions you submit and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Submissions you submit.

    You consent and grant us a perpetual, royalty-free, transferable, unrestricted, sub-licensable right and license to use the Submissions 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 Submissions and/or incorporate such Submissions 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 the Submissions in any way; (2) to maintain any Submissions in confidence; (3) to pay to you any compensation for any Submissions; or (4) to respond to any Submissions. You hereby waive all your moral rights in the Submissions 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 offences, or violate any law. We reserve the right not to publish, or to remove, any Submissions we deem inappropriate for any reason whatsoever. You represent and warrant that no Submissions submitted by you to this Site will be or contain libellous 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 lush.com.

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

    12. 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.

    13. Limitation of Liability

    THIS SECTION IS NOT APPLICABLE TO QUÉBEC CONSUMERS.

    This Site should be accessed and used at your own risk. 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.

    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.

    To the maximum extent permitted by applicable laws, 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 (except for direct, actual and provable 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, 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. 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, and to the maximum extent permitted by applicable laws, 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 or the amount of a hundred (100) dollars if no product has been paid or is payable by you.

    14. Disclaimer of Representations and Warranties

    THIS SECTION IS NOT APPLICABLE TO QUÉBEC CONSUMERS.

    As permitted by applicable law, 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, the information, content, materials, or products offered and sold on this Site or services provided through this Site. 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. 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, the products, the services and any Content.

    The above disclaimers shall survive indefinitely.

    NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY LUSH OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY LUSH TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) LUSH’S LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY LUSH TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST LUSH THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

    15. Severability

    If any provision of these Terms, or any applicable additional terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable additional terms. 

    16. Miscellaneous

    These Terms 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 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.

    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 or any related contract to any third party.

    These Terms will be binding upon and will ensure 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 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.

    17. Privacy and Lush

    For information regarding the collection and use of the personal information you provide to Lush, please consult our  Privacy Policy.

    18. Contact Us

    If you have any questions, comments or concerns about these Terms, please contact Lush using the contact information below. 

    In Canada and the USA: 
    Lush Fresh Handmade Cosmetics 
    8680 Cambie Street, Vancouver, British Columbia, Canada V6M 6P9

    Email: [email protected] 
    Phone: 1-888-733-5874

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