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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.

    Details

    Contents

    Ordering
    Delivery
    Payment and Security
    Prices and GST
    Cancellations and Returns
    Cookies
    GST Queries
    Your Statutory Rights
    Variation

    Address for any returns:
    LUSH Digital Returns
    PO Box 620
    Orewa Auckland 0946
    New Zealand 

    We are Lush (New Zealand) Limited (‘Lush’) (GST #: 69499813) our Registered Address is 162 Foundry Road, Silverdale Auckland New Zealand 0932. Our registered business name is Lush Fresh Handmade Cosmetics.

    Trademarks are owned by Cosmetic Warriors Limited and used under License.

    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 one 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, call our team straight away on 0800 587 469 or 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 to you as quickly as humanly possible. To see more information on our delivery options, rates and times, please click here.

    1. Ordering
    Everyone is allowed one customer account, but you have to be 18 or over to do so. By placing an order on our website, you agree to give:

    Your real name
    Your email address
    Your billing address
    A delivery address (this may be the same as your billing address)
    A contact phone number (in case we need to speak to you about your order)

    If 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. If we are expecting the item to be back in stock soon, we may send it in a separate parcel after your main order has been dispatched, at no extra cost to you.

    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.

    1.1 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 Commerce Commission New Zealand.

    2. Delivery
    We have one standard delivery option for customers in New Zealand.

    Standard delivery ($12.00) will be sent via courier. It will be delivered between Monday and Friday and will require a signature. If you should miss our courier, they will leave a card with a number that can be called to arrange for redelivery or pick-up. If your order contains any fresh face masks, we will not send it out on a Friday to ensure they are as fresh as possible on arrival.

    See all delivery information here.

    In the event that your order has not arrived within a reasonable period of time please contact us.

    Lush Delivery Pass Terms and Conditions

    We are Lush (New Zealand) Limited (‘Lush’) (GST #: 69499813) our Registered Address is 162 Foundry Road, Silverdale Auckland New Zealand 0932. Our registered business name is Lush Fresh Handmade Cosmetics.

    Trademarks are owned by Cosmetic Warriors Limited and used under License.

    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 New Zealand 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 New Zealand; 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 that are delivered to an address in New Zealand via our Standard Delivery service. Eligible Orders do not include Kitchen Subscription boxes. 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 Care 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 $40.00 (“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.

    2.1 Privacy and Personal Data
    Any personal information you provide to Lush (New Zealand) Limited directly or via lush.com will be processed in accordance with our privacy policy.

    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.

    2.2 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.

    2.3 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. We may choose to not accept an order for any reason including large product quantities that we deem beyond that required for personal use. We we will confirm acceptance to you by notifying you  that your order has been dispatched.

    Once we accept your order, a contract to purchase and deliver products takes effect between you and Lush. 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. 

    2.4 The Contract
    When we confirm acceptance of your order via dispatch confirmation, 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 for ordered products and fraudulent use of our platforms. We also reserve the right to suspend specific individuals from placing 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.

    2.5 Fresh Orders
    Our fresh face masks are like fresh groceries. They are made with only fresh ingredients and contain no preservatives; as a result, they need to be kept refrigerated. If you are ordering fresh products from rural areas, your fresh face mask may arrive in a less-than-fresh state. We accept no liability for this. However, we do encourage you to reach out to our Customer Care team should this occur.

    3. Resale
    By ordering from our website or from our stores,  you agree to not commercially resell any Lush products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us.

    4. Payment and Security
    We do not hold your credit card data. When you come to pay for your products you leave our site and your payment is processed through the secure server of our global payment processing provider, Adyen (PCI DSS 3.2 compliant).

    If you elect to use our saved credit card feature a unique token is stored securely with Adyen. This unique token enables you to make additional purchases using the information they’ve securely stored which includes your card’s type, expiration date, and limited digits of your card number. Your 3 digit CVV number is not stored and will still be required at checkout as a security measure. You can delete any saved cards you have stored with Adyen at any time in your profile’s ‘my account’ section. We do not authorise Adyen to use or disclose your personal information except in connection with providing their services.

    We accept Visa, Mastercard, and AMEX through Adyen. We also accept PayPal and gift card payments through Adyen. 

    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.

    Gift cards expire 3 years after the date of purchase.

    You can also telephone your order to us; call 0800 587 469 to chat to our happy Lush Customer Care team.

    You can contact Lush Customer Care Monday-Friday 11:30am-6:30pm, excluding public holidays. They will also be able to help you with any advice or help you may need with any Lush products. Alternatively, please email your queries, problems or questions to [email protected]

    5. Prices and GST
    Our prices, as stated on our website, are in New Zealand dollars. We reserve the right to alter prices at any time. The price paid for the product will include New Zealand GST, and this will also be shown on your invoice once the order has been placed. Prices and promotions held in our 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.

    6. Cancellations and Returns
    We aim to dispatch orders on the next working day and Pre-orders as soon as the product (s) is ready for dispatch, subject to availability and to change, trying our best so that you receive it before or by any anticipated release date, and 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 cancel an order, please contact us on Live Chat via our website or app, call us on 0800 587 469 and let us know during office hours, or via email to [email protected] Once your order has been confirmed, we are usually unable to make changes.

    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 Lush Digital, PO Box 620, Orewa Auckland, New Zealand 0946. 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 Digital, PO Box 620, Orewa Auckland, New Zealand 0946.

    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 your item is damaged, faulty, or different to how it was described follow these easy steps:

    • Take a photo of the item/s

    • Send the photo to [email protected] along with your order reference number

    • Our Customer Care Team will contact you to arrange the return of the product. We will send you a pre-paid postal label to use when returning the item to us. Once the item/s have been received and reviewed, you will either receive your new items (for exchange), or a refund for the cost of the purchase. Refunds will be issued directly to the payment card or account used for the purchase. Email notification will be sent once the return has been processed. Please allow up to seven days for the refund to process. Nothing in these Terms and Conditions affects your statutory rights.

    In the event of a change of mind
    If you wish to exchange your item/s please follow these easy steps:

    • Contact our customer care team on 0800 587 469 or [email protected]

    • Return the item to: Lush Digital, PO Box 620, Orewa Auckland, New Zealand 0946.

    If you are cancelling your order because you've changed your mind, please note that you will have to pay the costs for returning the goods.

    Once the item/s have been received and reviewed, you will receive your refund for the cost of the purchase. Refunds will be issued directly to the payment method used for the purchase. An email notification will be sent once the return has been processed. Please allow up to seven days for the refund to be processed.

    Return to Stores
    Lush is happy to return or exchange online purchases at any Lush store within 14 days of purchase. The online purchase receipt is required when making a return or exchange.

    Nothing in these Terms and Conditions affects your statutory rights as a consumer. If you should have any queries regarding returns please telephone us on 0800 587 469.

    7. Cookies
    The cookies we use on this site will only be temporary session cookies, which won't hold any customer information.

    By use of this website, you agree to our use of the cookies outlined in our Privacy Policy. If you wish to opt out of accepting cookies online we would be happy to receive your order by phone. Please call 0800 587 469 to place your order.

    8. GST Queries
    Delivery costs will be added to your order and the final total will include GST calculated on your products and the cost of delivery.

    9.  Your Statutory Rights
    Nothing in these terms affects your statutory rights.

    10.  Variation
    We may vary these terms from time to time. If we do, the latest revision of terms will be reflected here.

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