IE Terms and Conditions
Promotional Terms and Conditions
Spot the Croc Competition Terms and Conditions
Introduction
We want to give you the best shopping experience, so please take a moment -
honestly, it won’t take long - to read about how all this works. It will take you through
everything from ordering and paying online to delivery, using the website, and details
about us. Thanks very much for reading. Address for any returns:
Lush
33 Henry St
North City,
Dublin,
D01 V120,
Ireland
We are Lush Dublin Ltd (company registration number IE309811) of 116 Grafton
Street, Dublin, D02 RR59.
Trademarks are owned by Cosmetic Warriors and used under Licence. The visual
interfaces, graphics, design, compilation, information, products and other elements
are protected by intellectual property and other laws. All materials included on the
website are the property of Lush or our third-party licensors. Lush reserves all rights
to the materials on this website.
At Lush, we pride ourselves on delivering fresh, handmade cosmetics to your door
and delivering excellent customer service every time.
We Believe in Excellent Service
We believe our Lush Customer Care and Fulfilment teams are some of the best
around. They work hard to answer your calls and queries, they lovingly pick and
pack your parcels and they send them out of the door with the care and attention
they'd give to their nearest and dearest. If our service has rocked your world, or if
you aren't 100% happy, please send us a message on our website or app using the
Live Chat or, alternatively email [email protected]. We aim to provide high quality
service and all feedback helps us to improve each time.
We hope your experience on our website is a happy one, and we always aim to get
your parcels posted out as quickly as humanly possible.
Ordering
By placing an order on our website, you agree to give:
Your real name
Your email address
Your billing address
A delivery address (this maybe the same as your billing address)
A contact phone number (in case we need to speak to you about your order)
If the technology fails us or we make a genuine mistake, your order attempt may be
unsuccessful. We will do everything we can to resolve this and aim to put that smile
firmly back on your face. Once you have placed an order, you will receive a
confirmation email within 24 hours, and then one within 24 hours of your order being
dispatched. Depending on which delivery option you've selected, you then have a
rough idea of when to start running the bath or shower, or when your next stash of
skin and hair care products will be with you. If something is not in stock, we will let
you know as soon as possible after the order has been placed.
Once you are ready to check out, you will be directed to the shipping confirmation
page where you may select the type of delivery, and the delivery and/or billing
addresses.
After placing your order you will receive an automated acknowledgement.
Pre-Ordering
We have exciting new product(s) not yet produced and/or not yet available on general sale which you may offer to buy as pre-released orders (“Pre-orders”).
If applicable, then a Pre-order can be placed and you must provide the same information as a normal order. It is your responsibility to make sure that this information is accurate and up to date. If we do not have accurate information, we will not be able to keep you informed and are not responsible for any issues which result from inaccurate information e.g., delays in despatch, despatch to previous home address etc.
Complaints
If you have a complaint relating to our Terms and Conditions or our products, we will
attempt to resolve the complaint using our internal complaints-handling procedure. If
the process is exhausted and the complaint is not settled in this way, you may make
a request to us for the dispute to be settled by mediation through The Retail
Ombudsman or Online Resolution Dispute Platform. If you make such a request, we
shall consider whether or not we wish to use The Retail Ombudsman to try to resolve
the dispute but we are not obliged by law to do so. If we agree to submit a dispute to
The Retail Ombudsman, we shall notify you and you may (i) complete the online
form on the Retail Ombudsman website or (ii) send your complaint using a paper
form to The Retail Ombudsman, 33rd Floor Euston Towers, 286 Euston Road,
London NW1 3DP. Further information on the Retail Ombudsman can be found here.
As an EU citizen, you are also entitled to make a complaint to the European
Consumer Centre ( https://www.eccireland.ie/contact-us/ ) which can liaise with the
UK Consumer Centre (previously the ECC UK) to help you to resolve your dispute,
but only after you have gone through our complaints process and are still not
satisfied.
Delivery
ROI Standard Delivery 2-4 working days (€5)
Delivery outside of the ROI
At this time we are unable to offer delivery outside of ROI. However, we can ship
orders globally from our UK website.
Split delivery
We may split delivery of your order into several parts based on the stock availability.
You will not be charged extra for this facility.
Lush Delivery Pass Terms and Conditions
We are Lush Retail Ltd (company registration number 03084750) of 1 Market Close, Poole, BH15 1NQ.
These T&Cs apply to you if you subscribe to have a Delivery Pass subscription. These do not replace the Terms and Conditions for Lush.com (available here Terms and Conditions | Lush), which will continue to apply except to the extent varied by these T&Cs.
We know these T&Cs are quite long to read and so we’ve created a helpful summary in our delivery Pass FAQ’s which you can access here (Lush Delivery Pass FAQ | Lush). However, the FAQ should not be used as a substitute for reading these Delivery Pass T&Cs.
1. Delivery Pass – What is it?
- Lush Delivery Pass is a customer subscription programme (“Delivery Pass”) that entitles Eligible Users to subscribe to obtain free delivery for a year on our UK Standard Delivery service for all Eligible Orders (as further described in section 2 below). Please see here for information in relation to our Standard Delivery service (Delivery Information | Lush).
- If you have a Delivery Pass subscription and you select another delivery method other than Standard Delivery for an order, it will not be an Eligible Order and you will be charged for the relevant delivery fee at checkout.
- Delivery Pass only covers outbound delivery of online orders, it does not cover returns. For details of our returns policy for online orders, please see our Returns policy here Returns and Refunds | Lush.
- From time to time we may make changes to Delivery Pass, including to these T&Cs. We will communicate any material changes to you prior to being implemented either via email or by displaying a prominent notice on our website (“Change Communication”). We will take your continued use of the Delivery Pass following receipt of our Change Communication as acceptance of the relevant change. We recommend reading all Change Communications that we send you carefully.
- If you do not want to continue with your Delivery Pass Subscription following receipt of a Change Communication, you may cancel your Subscription with immediate effect (see below). [Further, where we reasonably consider that the change proposed to Delivery Pass will have a detrimental impact on your enjoyment of Delivery Pass, we will within the Change Communication provide details of how you may claim a refund in respect of the Delivery Pass Fee (as further described in section 4 below) paid for the unused portion of the relevant Delivery Pass Subscription Period (as further described in section 5 below).]
- In addition to these T&Cs, the Lush.com terms and conditions shall apply to all your online orders, and these can be found here Terms and Conditions | Lush. Please refer to the Lush.com terms and conditions for information on our complaints procedure and accepted payment methods.
2. Eligible Users and Eligible Orders
Eligible Users
To qualify as an Eligible User for a Delivery Pass subscription, you must meet the following criteria when you sign up for the subscription and at all times during your Delivery Pass subscription:
You must:
- be located in The Republic of Ireland; and
- have a Lush account
If you do not meet these criteria, you will not be eligible for a Delivery Pass subscription. You will be deemed to be in violation of the terms set out in this paragraph if, at any time during your Delivery Pass subscription, you do not comply with any of the above criteria. If Lush becomes aware that you are in violation of the terms set out in this paragraph, Lush may (in its sole discretion) immediately suspend or terminate your Delivery Pass subscription, for which no refund will be given.
If it has been determined by Lush that you do not comply with the above criteria, but you believe that you do, you should contact the Customer Care team by emailing [email protected].
Eligible Orders
Eligible Users will receive free delivery on Eligible Orders for one year. ‘Eligible Orders’ include all online orders, Pre-orders made on our Lush.com website and the app, all customisation products and Kitchen Subscription boxes, that are delivered to an address in the The Republic of Ireland via our Standard Delivery service. Delivery Pass is not valid in respect of any international deliveries, deliveries to the Channel Islands or deliveries made via our ‘Next Working Day Delivery, Monday to Friday’, ‘UK Saturday Delivery’ or ‘UK Sunday Delivery’ services. Unfortunately, we are not able to guarantee the delivery timescales to certain locations and in respect of such locations delivery may take longer than anticipated. For more information on this and the affected locations please refer to our Delivery Information page (Delivery Information | Lush).
In the event that there are any delays to the delivery of a package purchased using your Delivery Pass, Lush shall not be held liable for any such delay if it arises from any causes beyond the reasonable control of Lush or a courier appointed by Lush, or during busy periods (e.g. Sale) where delivery times may be extended. This does not affect your statutory rights. If you have any other issues, please contact our Customer Service team.
By signing up to the Delivery Pass subscription, you agree that:
- you will only use Delivery Pass for personal use;
- you will not share your Lush account or Delivery Pass subscription details with any third party at any time during your Delivery Pass Subscription Period;
- Lush will not be liable for any deliveries that are lost or stolen as a result of any specific delivery instructions provided to the courier; and
- your usage of the Delivery Pass subscription service shall be fair, reasonable and proportionate to that of the average customer using the Delivery Pass subscription service for personal use, and shall not be used for business, re-sale, wholesale or fraudulent purposes.
Lush may at its sole discretion suspend or terminate your subscription in the event that you have used the Delivery Pass subscription in breach of these terms, including by making excessive use of the Delivery Pass subscription service, where a customer places high volumes of orders beyond what could reasonably be expected of the average customer using the Delivery Pass subscription service for personal use. If Lush suspects or discovers that you have used the Delivery Pass subscription in breach of these terms, Lush has the right to recoup all direct delivery costs and losses suffered by Lush from you.
A Delivery Pass subscription cannot be bought as a gift for another person. It can only be used by the person who has purchased the Delivery Pass subscription. However, you can use your Delivery Pass subscription to deliver items that you have purchased from Lush.com to your friends and family.
3. To Sign Up
Eligible Users can sign up for Delivery Pass by following the below steps:
- log into your Lush account;
- add the Delivery Pass to your basket; and
- select the ‘Lush Delivery Pass’ button to take you through to the check-out page to purchase the subscription.
Once you have successfully purchased the Delivery Pass subscription this will toggle to your Lush Account and should show as ‘Active’ within your Lush Account. Once the subscription is active, ‘Lush Delivery Pass’ will show as a delivery method option when you come to the check out stage of an Eligible Order.
4. Delivery Pass Fees and Payment
Eligible Users can purchase a Delivery Pass subscription for an upfront fee of £15.00 (“Delivery Pass Fee”). The Delivery Pass Fee may vary between different markets.
Payment for the Delivery Pass Fee must be made by a credit or debit card, gift card or Paypal.
5. Delivery Pass Subscription Period
Your Delivery Pass subscription period (“Delivery Pass Subscription Period”) will start on the day you purchase the subscription and will last for 12 months from that date.
Shortly before your Delivery Pass Subscription Period is due to end, you will receive an email to remind you of this and to invite you to renew your subscription if you wish to do so. Any renewal of your Delivery Pass subscription will be subject to the Delivery Pass Terms and Conditions in force at the time of renewal. For the avoidance of doubt, your Delivery Pass subscription will not automatically renew, and if you do not renew the subscription at the end of the Delivery Pass Subscription Period then your subscription will expire.
6. Managing Your Delivery Pass Account
All information relating to your Delivery Pass subscription membership will be contained in the “Delivery Pass” section of your Lush account. From here, you will be able to view the remaining time on your Delivery Pass Subscription Period and cancel your Delivery Pass subscription in line with the paragraph below.
If you have any questions in relation to your Delivery Pass subscription, please visit our FAQ page in case you are able to find the answer there. Alternatively, please reach out to our Customer Care team at [email protected] who will be happy to answer any questions.
7. Cancellation
You will be able to cancel your Delivery Pass subscription and receive a full refund up to 30 days from the date of purchase, but this is subject to you not having used the service and no Eligible Orders having been made within this 30 day period. If you have used your Delivery Pass subscription within this 30-day period, you will not be eligible to cancel it or receive a refund. Equally, if the time since you purchased your Delivery Pass subscription has exceeded this 30-day period, then you will not be eligible to cancel it or receive a refund. You can cancel your Delivery Pass subscription by contacting the Customer Care team at [email protected]. If you don’t believe you are eligible to cancel your Delivery Pass subscription but would like to do so, please contact the Customer Care team who will be able to advise you further.
Refunds shall be made to the credit or debit card, gift card or Paypal account used to purchase the Delivery Pass subscription and cannot be refunded to any other card or account.
Your Delivery Pass subscription is non-exchangeable and non-transferrable.
8. General
These T&Cs shall not affect your statutory rights as a Consumer.
These T&Cs are governed by English Law and any disputes arising out of any transaction with us are subject to the exclusive jurisdiction of the English Courts. If you are a Consumer, you may elect to bring legal proceedings in your local court.
Data protection and privacy policy
Any personal information you provide to Lush Dublin Limited directly or
via https://www.lush.com/ie/en and from which you can be identified is stored
securely and confidentially and will be processed fairly and lawfully in accordance
with our privacy notice.
Lush Dublin Ltd and Lush Global Digital Ltd is the data controller and is responsible
for your personal data. This means that we determine the purpose and means of the
processing of your personal data. We will use your personal data for internal
service-related purposes, including in the following circumstances:
- Where we need to perform the contract we are about to enter into or have
entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and
your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
For purposes of processing your order and fulfilling our obligations towards you, we
may share your personal data with Lush group entities of other third parties. Our
Lush group entities and other third parties who are passed on your personal data will
be the data processor.
So that we can deliver your order to you, we will provide your details to our couriers
and postal service providers that deliver your order.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you when it would be
unlawful to do so. This includes liability for death or personal injury caused by
our negligence or for fraud or misrepresentation.
If we fail to comply with these terms, we are responsible for loss or damage
you suffer that is a foreseeable result of us breaking these terms or us failing
to use reasonable care and skill, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time you accepted these terms, both we
and you knew it might happen.
Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes but is not limited to:
Strikes or other industrial action.
Civil commotion, terrorism or threat of, war or threat or preparation for.
Fire, explosion, adverse weather conditions, subsidence, epidemic or other
natural disaster.
Disruption to supplies or delivery methods.
Acts of government or regulatory bodies.
Disruption to public or private telecommunications networks.
Arrangements
After placing your order you will receive an automated acknowledgement by
email. Please note that this does not mean that your order has been
accepted. All orders are subject to acceptance by us, and we will confirm
acceptance to you by confirming that your order has been dispatched.
Once we accept your order, a contract to purchase and deliver products takes
effect between you and Lush Dublin Limited. You pay the sum that you see at
the end of the checkout process, together with the delivery. Upon receipt of
your order for the products you will be charged for the products and the
delivery costs.
Products will be at your sole risk from the time of delivery to you.
The Contract
When we confirm acceptance of your order by confirming the products have
been dispatched a legally binding contract will exist between us. If we do not
confirm acceptance we will refund your payment.
Your order constitutes an offer to us to buy a product. If we believe a
customer acts against these Terms and Conditions, we reserve the right to
cancel or suspend their order.
This includes non-payment of ordered products and fraudulent use of our
website and/or sales. We also reserve the right to bar certain email addresses
and telephone numbers from accessing our website to place orders. We will
not accept an order from any customer who we have suspended.
Ownership of the products will only pass to you when we have received full
payment.
A person who is not party to the contract shall not have any rights under or in
connection with it.
Resale
By ordering from our website, you agree not to commercially resell any of our
products. Commercially reselling our products is a breach of these terms and
conditions and your agreement with us.
Payment and Security
We do not hold your credit card data. You do not enter any credit card data
into the Lush site. When you come to pay for your products you leave our site
and your payment is processed through the Adyen secure server.
We accept Visa, Mastercard, and AMEX, through Adyen. We also accept
PayPal.
A Pre-order payment is your offer to buy (your Offer) a new product (s) when it is made available for sale to the public and is no guarantee that the Pre-order product is or will be available. It is up to us (and we have no obligation) to accept your Offer if for example, we do not have the product available or there is a mistake regarding the pricing or description of the product (s), suspect you intend to commercially resell any of our products. We accept your Offer only once the Pre-order product is despatched.
When you place a Pre-order, you must pay upfront the full price of the product (“Pre-order Payment”). You may cancel your Pre-order and get a refund of your Pre-order Payment at any time before the product has been despatched.
Payment will be taken in € (Euros), and if applicable, your card will be
charged according to the exchange rate at that time.
You can also telephone your order to us; call +44 (0)1202 930051 to chat to
our happy Lush Customer Care team.
You can contact Lush Customer Care Monday to Friday 8am to 7:00pm .
Saturday 9am-5pm. Sunday 10am-4pm. Bank Holidays 10am-4pm. We are
closed Christmas day, New Years Day and Easter Sunday.
Prices and VAT
Our prices, as stated on our website, are in euros (€) and include VAT, where
applicable. We reserve the right to alter prices at any time.. Prices and
promotions held in our high street stores may not apply to this website, unless
otherwise stated, and vice versa. Please note that offers are subject to
availability and may end before originally advertised.
Cancellations and Returns
We aim to dispatch orders within one working day and Pre-orders as soon as the product (s) is ready for dispatch,, so if you want to cancel an
order without incurring a cost for returning unwanted items to us, you will need
to do it before your order is dispatched. If you do wish to cancel an order,
please contact us via Live Chat on the website or app and let us know during
office hours, or via e-mail to [email protected]. If you would like to change
anything about an order we would recommend that, in the first instance, you
contact us via Live Chat on the website or app or email us
at [email protected] to avoid having to pay for delivery again.
Either of us can cancel a Pre-order at any time for any reason before we notify you that the Product has been despatched (“Despatch Confirmation”). If cancellation takes place before the Despatch Confirmation is sent, then you will be entitled to a refund of your Pre-order Payment.
You have a legal right to cancel a contract which starts from the date we
confirm your order has been dispatched, which is when the contract between
us is formed. If the products have already been delivered to you, you have a
period of fourteen days in which you may cancel, starting from the day after
the day you receive the products. Days mean calendar days, including
weekends and public holidays.
To cancel a contract, please contact us in writing to tell us by sending an
email to [email protected] or by sending a letter to Customer Care, Lush
Digital, Unit 22-23 Dolphin Quays, The Quay, Poole, Dorset, BH15 1HU. You
may wish to keep a copy of your cancellation notification for your own records.
If you send us your cancellation notice by email or by post, then your
cancellation is effective from the date you sent us the email or posted the
letter to us. You need to inform us of your decision to cancel before the 14
day cancellation period has expired.
Where you have cancelled a contract and the products have already been
delivered to you, you should return them to us as soon as possible and in any
event no later than 14 days after the day you inform us of your right to cancel.
You can return products by sending them to our Returns Address below.
Unless the products are faulty or not as described, you will be responsible for
the cost of returning them to us. You have a legal obligation to keep the
products in your possession and to take reasonable care of the products while
they are in your possession.
If you cancel a contract within the 14 day cancellation period, you will receive
a full refund of the price you paid for the products and any applicable delivery
charges you paid for. You will not be refunded for any costs you have incurred
for returning the products to us. Where the products have already been
delivered to you, we will process the refund due to you as soon as possible
and, in any case, within 14 calendar days after the day on which we receive
the returned products, or (if earlier) within 14 calendar days after the day you
provide us with evidence that the products were returned to us. Where the
products have not been delivered to you, we will process the refund within 14
calendar days after the day we were informed of your decision to cancel the
contract. Unless you expressly tell us otherwise, we will refund you on the
credit card or debit card used by you to pay for the products.
We have a legal duty to supply products that conform with the descriptions
and specifications in the contract between you and us. As a consumer, you
will always have legal rights in relation to products that are faulty or not as
described which are not affected by your cancellation rights above. If you
have returned the products to us because they are faulty or mis-described, we
will refund the price of a defective product in full, any applicable delivery
charges, and any reasonable costs you incur in returning the item to us.
Details of your legal right to cancel and an explanation of how to exercise it
are provided in the confirmation of despatch.
Returns Address: Lush, 33 Henry St, North City, Dublin, D01 V120, Ireland
In the event of a damaged parcel
We're very sorry if the Lush products you looked forward to receiving have
arrived damaged. We do our best to pack them safely, but even the most
lovingly prepared parcel can get dropped or jostled en route to your house. If
you send these products back to us within 14 days of receiving them, we will
offer you an exchange where possible, or a full refund after we have received
the return. In this case, we will pay for the postage of sending these items
back to us. Nothing in these Terms and Conditions affects your statutory
rights.
VAT Queries
Delivery costs will be added to your order and the final total will include VAT
at the applicable rate calculated on your products and the cost of delivery.
Your Statutory Rights
Nothing in these Terms and Conditions affects your statutory rights.
Variation
We may vary these terms from time to time. If we do, we will replace these
terms on our website with our new terms. The amended or supplemented
terms will be brought to your attention by notice on our website, including the
date on which such updated terms are due to come into effect. If you
continue to use this website after that date, you irrevocably accept the
amended or supplemented version of these terms.
We may transfer our rights and obligations under these terms to another Lush
entity at any time.
Governing Law
These terms are governed by English law and the courts of England and
Wales shall have non-exclusive jurisdiction.
This site is operated by Lush Dublin Ltd. of 116 Grafton Street, Dublin, D01
V120, Company registration number IE309811, VAT Number is: 6329811B.