Bathe App Terms and Conditions
We want to give you the best 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 App, and details about us. Thanks very much for reading this.
Before you use the App you need to have enough memory and the right operating system to enjoy the experience that it offers. This App requires the following devices with the memory and operating system as shown alongside each below to function properly:
Apple Devices Device: minimum iPhone 6s, iPod touch 7th gen, iPhone SE
Memory:
Operating System: iOS13 or higher
Android Devices Device: any device with Marshmallow 6.0 OS installed
Memory:
Operating System: Marshmallow 6.0 or higher across any android device
BY CLICKING ON THE "GET" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ON THE "GET" BUTTON AND YOU WILL NOT BE ABLE TO USE THE APP.
We [Lush Retail Limited] license you to use:
- The Lush App;
- The Documentation; and
- The Service(s)
as permitted in these Terms.
This App is currently only available in the United Kingdom.
We pride ourselves on delivering fresh, handmade cosmetics to your door and delivering excellent customer service every time.
We are giving you personally the right to use the App and the Service as set out below, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must delete all data and remove the App from it before you sell it.
If you download the App onto any phone, tablet or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone, tablet or other device.
1. Ordering
Everyone is allowed one customer account with us, but you must be 18 years old or over to download this App, open an account and accept these Terms.
By placing an order on our App, you consent to give:
- Your real first and last name;
- Your e-mail address;
- Your billing address;
- A delivery address (this may be the same as your billing address) (which will be shared with our delivery partners);
- A contact phone number (in case we need to speak to you about your order); and
- Your payment details (which are held by our third party payment provider Adyen https://www.adyen.com/).
If the technology fails us or you or we make a genuine mistake, your order attempt may be unsuccessful. We will do everything we reasonably can to resolve this and aim to provide you with the service and quality products of which we are proud. Once you have placed an order, you will receive a confirmation e-mail within 24 hours, and then one within 24 hours of your order being dispatched. Depending on which delivery option you've selected, you will 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 in soon, we may send it in a separate parcel after your main order has been despatched.
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 that you would like us to use in connection with your order.
After placing your order, you will receive an automated acknowledgement from us by email.
2. Delivery
We have a variety of delivery options for customers in the UK. Our Next Working Day (£6.95) and 48 hour delivery (£4.95) options will be sent via courier. They will be delivered between 8am and 8pm 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 redelivery for a different day.
If you choose either the Next Working Day or 48 hour delivery service, your items will not be delivered on Saturday or Sunday or a public bank holiday in England and Wales You must order before 3pm on Wednesday for 48 hour delivery or before 3pm Thursday for Next Day if you need your Lush products before the weekend. Our Next Working Day and our 48 hour delivery options are unfortunately not available in all areas of the UK. To see a full list of postcodes covered by Next Working Day and 48 hour delivery, or to see more information on our delivery options, please click the delivery link here https://uk.lush.com/help/our-delivery-options
Standard delivery (£3.95) - If you select this option parcels weighing less than 2kg will be sent with Royal Mail, so keep your eyes peeled for your local postie!
For larger orders (over 2kg), we will use a courier, which will require a signature upon delivery. 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.
Delivery outside of the UK
Currently there is no delivery outside of the UK.
3. Arrangements
After placing your order, you will receive an automated acknowledgement to the email address you gave us. 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 (but not delivered).
Once we accept your order, a contract to purchase and deliver Product(s) takes effect between you and Lush Retail 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 Product(s) you will be charged for the Product(s) and the delivery costs.
Product(s) will be at your sole risk from the time of delivery to you.
4. The Contract
These Terms shall apply to your use and/or continued use of the App . Whether you are a new customer or an existing customer placing further orders with us these Terms shall apply to all dealings between you and us.
When we confirm acceptance of your order by confirming the Product(s) have been despatched a legally binding contract will exist between us. If we do not confirm acceptance we will refund your payment. Refunds will be made within 3 to 5 Working Days of the refund confirmation.
Your order constitutes an offer to us to buy our Product(s). If we believe you act against these Terms, we reserve the right to cancel or suspend your order.
This includes non-payment of ordered Products and fraudulent use of our App and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our App 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.
5. 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 this Agreement that is caused by a Force Majeure Event
6. 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 from outside the UK, your fresh face mask may arrive in a less-than-fresh state. We accept no liability for this.
7. Payment and Security
We do not hold your credit card data. You do not enter any credit card data into the Lush App. When you come to pay for the Products you will be interfacing with the Certified PCI level 1 servers provided by Adyen. Adyen’s website address is www.adyen.com and privacy policy is at https://www.adyen.com/policies-and-disclaimer/privacy-policy.
We accept Visa, Mastercard, AMEX, Electron, Maestro and Visa Electron through Adyen. We also accept PayPal payments via Adyen.
Unfortunately, at the moment we cannot accept redemption of Lush gift cards online via the App, but Lush gift cards can be redeemed by calling 01202) 668545 and quoting the gift card number to a member of our Customer Care team.
Payment will be taken in GB pounds (£) only.
You can also telephone your order to us; call (01202) 668545 to chat to our happy Lush Customer Care team.
You can contact Lush Customer Care Monday-Friday 8am-7.30pm, Saturday 9am-5pm and Sunday 10am-4pm then public bank holidays in England and Wales 10am-4pm. We are closed on the public bank holidays in England and Wales of Christmas Day, New Year’s Day and Easter Sunday. They will also be able to help you with any advice or help you may need with any Lush products. Alternatively, please e-mail your queries, problems or questions to [email protected].
8. Prices and VAT
Our prices, as stated on our App, are in pounds sterling (£) and include VAT at the current rate of twenty-percent (20%), where applicable. You will be charged in pounds sterling even if you don't live in the UK. We reserve the right to alter prices at any time.
Prices and promotions held in our high street stores may not apply to this App, unless otherwise stated, and vice versa. Please note that offers are subject to availability and may end before the date originally advertised.
Where you have requested delivery to a UK or EU address, the price paid for the Product will usually include UK VAT, and the current UK VAT will be shown on your email sales notification.
Where you are not a UK resident and you have requested delivery to a non-EU address, the Products will normally be zero-rated and not subject to UK VAT.
Free delivery offers, when available, only apply to deliveries within mainland UK.
9. VAT Queries
Delivery costs will be added to your order and the final total will include VAT calculated on your Products and the cost of delivery.
10. Resale
By ordering from our App, you agree not to commercially resell any of our Products, whether on their own or with other products. Commercially reselling our Products is a breach of these Terms, our intellectual property rights and your agreement with us.
11. Cancellations and Returns
We aim to dispatch (not deliver) orders within one (1) Working Day, so if you want to cancel an order without incurring a cost for returning unwanted unused Products to us, you will need to do it before your order is dispatched. If you do cancel an order, please call us on (01202) 668545 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 give us a call on (01202) 668545 or email us at [email protected] to avoid having to pay for delivery again.
You have a legal right to cancel a contract which starts from the date we confirm your order has been despatched, which is when the contract between us is formed. If the Products have already been delivered to you, you have a period of fourteen (14) days in which you may cancel, starting from the day after the day you receive the Products.
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 fourteen (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 fourteen (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 the Products 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 fourteen (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 fourteen (14) calendar days after the day on which we receive the returned Products, or (if earlier) within fourteen (14) calendar days after the day you provide us with evidence that the products were returned to us. Subject to the Products not being used. Where the products have not been delivered to you, we will process the refund within fourteen (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 originally used 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 have been mis-described, we will refund the price of the defective Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Please note that if the Products have been used, we are unable to provide a refund to you.
If you need to return a Product to us, contact our friendly Customer Care team, who will be happy to advise you how best to proceed.
Please don't send anything before contacting us, as not every item can be sent through standard post.
Contact us via:
Live Chat: can be accessed via our website online by clicking on [cite website]
Email: [email protected]
Phone: (012020 668545
Details of your legal right to cancel and an explanation of how to exercise it are provided in the confirmation of despatch email sent to you.
Returns Address:
Customer Care, Lush Digital, Unit 22-23 Dolphin Quays, The Quay, Poole, Dorset, BH15 1HU.
In the event of a damaged parcel
We're very sorry if the Lush Product(s) 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 Product(s) back to us within fourteen (14) days of receiving them, we will offer you an exchange where possible, or a full refund after we have received the Product(s). In this case, we will pay for the postage of sending the Product(s) back to us. Nothing in these Terms affects your statutory rights. It may be possible for you to return the Product(s) to a Lush shop; to find out if this is possible, please call (01202) 668545. This applies to the UK only.
12. Cookies and Data Privacy
The cookies we use on this App will only be temporary session cookies, which won't hold any customer information. Any personal information you provide to us 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.
By your use of this App you agree to our use of your personal information and the cookies outlined in our Privacy Policy. By disabling the cookies, we will not be able to fulfil your order. If you wish to avoid having to accept cookies online, we would be happy to receive your order by phone instead. Please call us on (01202 668545 to place your order.
By using the App or any of the Services, you agree to us collecting and using technical information about the devices on which you use the App and related software, hardware and peripherals to improve our (P)roduct(s) and to provide any Services to you.
So that we can deliver your order to you, you consent for us to provide your details to our couriers and postal service providers that deliver your order and third party payment provider to accept your payment.
Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based data, products and services.
You may stop us collecting such data at any time by turning off the location services settings on your mobile or tablet devices.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
In addition, the Services set out below will be governed by the following terms of use and privacy policies:
Service
Apple App Store
https://www.apple.com/uk/ios/app-store/
Google Play Apps
https://play.google.com/store/apps?hl=en
Web address of terms of use
https://www.apple.com/uk/legal/internet-services/terms/site.html
https://play.google.com/intl/en_uk/about/play-terms/index.html
Web address of privacy policy
https://www.apple.com/uk/legal/privacy/en-ww/
https://policies.google.com/privacy
13. We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for, nor have we checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
14. Your Statutory Rights
Nothing in these Terms affects your statutory rights.
15. Variation to these Terms
We may vary these Terms from time to time. If we do we will replace these Terms on our App with our new terms and conditions.
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we may introduce.
16. Update to the App and Changes to the Service
From time to time we may automatically update the App and change the Service(s) to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always match the description of it provided to you when you bought/downloaded it.
17. Licence Restrictions
You warrant that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App and/or the Services in any form, in whole or in part to any person, without our prior written consent;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App and/or theDocumentation and/or the Services nor permit the App and/or the Services and/or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and/or the Services on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App and/or the Services nor attempt to do any such things;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App and/or any Service;
- not use the App and/or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, including but not limited to: by hacking into or inserting malicious code, use of viruses, ‘trojan horses’, or harmful data, into the App, and/or any Service and/or any operating system or by any breach of the Computer Misuse Act 1990;
- not infringe our intellectual property rights (including the copyright in this App) or those of any third party in relation to your use of the App and/or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App and/or any Service;
- not use the App and/or any Service in a way that could damage, disable, overburden, impair or compromise our systems, server or security or interfere with other users; and
- not copy, collect, harvest or scrape any information and/or data from the App, any Service and/or our systems or server or attempt to decipher any transmissions to or from the servers running any Service.
18. Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the intellectual property rights in the App and the Services are licensed (not sold) to you for the sole purpose of enabling you to use the App and access the Services. You have no intellectual property rights in, or to, the App, the Documentation and/or the Services other than the right to use them in accordance with these Terms.
Without limiting the generality of the above clause, [Lush Retail Limited] owns all intellectual property rights (including copyrights) in all the sounds, images and digital content used in the App.
19. Our Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably 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.
If defective digital content that we have supplied damages a device or digital content belonging to you, upon verified evidence, we may either repair the damage or pay you compensation up to a limit of the value of your device or the cost of its repair (whichever is the lower). However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Save as listed above, we exclude all loss and liability to you, but excluding any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by proven negligence;
(b) proven fraud or proven fraudulent misrepresentation; and
(c) proven breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
We are not liable for any business or commercial losses suffered by you and/or any third party resulting directly or indirectly from this App and/or the provision of the Services. The App is for domestic and private use. You are forbidden to use the App for any commercial, business or resale purpose> We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any commercial use of the App is a breach of these Terms.
You should observe and follow all safety messages set out in the App. We shall not be liable for any harm or danger that occurs to you or any third party through you or such third party ignoring such safety messages before use of the App. The App, the Services and the Documentation are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You should not rely on the general information that they contain. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App and/or the Service(s). We are not liable to you or any third parties for any loss of content or data.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store website and in the Documentation) meet your requirements.
We are not liable for a Force Majeure Event. If our provision of the Services and/or support for the App and/or the Services is delayed by a Force Majeure Event then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Force Majeure Event.
20. Termination
We may end your rights to use the App and/or the Service(s) and/or to purchase Products at any time by contacting you if you have breached these Terms in any way.
If what you have done can be put right, we may give you a reasonable opportunity to do so.
If we end your rights to use the App and/or the Service(s):
- You must stop all activities authorised by these Terms, including your use of the App and any Services;
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us in writing that you have done this; and
- We may at our sole discretion remotely access your devices and remove the App from them and cease providing you with access to the Services.
The rights set out in this clause are in addition to our reserved rights.
21. Assignment
We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22. Third party rights
Save as set out herein, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce all or any part of these Terms.
23. Severance
Each of the paragraphs of these Terms operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24. Waiver
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims), provided that Lush shall have the right, as claimant, to seek injunctive relief and/or initiate other forms of proceedings against the consultant in any other court of competent jurisdiction.
26. Definitions and interpretation
26.1 Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.
26.2 References to clauses and the Schedule are to the clauses of and the Schedule to these Terms and references to paragraphs are to paragraphs of the Schedule.
26.3 The Schedule forms part of these Terms and shall have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Schedule.
26.4 A reference to these Terms or any other agreement or document referred to in these Terms, is a reference to these Terms or such other agreement or document, in each case as varied from time to time.
26.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
26.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
26.7 These Terms shall be binding on and ensure to the benefit of, the parties to these Terms and their successors and permitted assigns, and references to a party shall include that party’s successors and permitted assigns.
26.8 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
26.9 Unless expressly provided otherwise in these Terms, a reference to ‘writing’ or ‘’written’ excludes fax but not email.
26.10 Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
26.11 Unless expressly provided otherwise in these Terms, a reference to legislation or a legislative provision:
(a) is a reference to it as it is amended, extended or re-enacted from time to time; and
(b) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
26.12 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
26.13 In these Terms the following words and phrases shall bear the meaning set opposite them respectively:
App or Lush App: the computer software package comprising an application program and associated application software; data supplied with such software; and any updates or supplements to such software, as each of these is owned by [Lush Global Digital Limited] and offering an audio and visual bathing experience to customers to accompany their use of the Products
Days: calendar days, including weekends and public holidays in London.
Documentation: the documentation listed in Schedule 1.
Force Majeure Event: any act, event, non-happening, omission or accident beyond our reasonable control including, but 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, pandemic or other natural disaster;
- Disruption to supplies or delivery methods;
- Acts of government or regulatory bodies; or
- Disruption to public or private telecommunications networks (including but not limited to internet and email).
Products: any and all products offered by us for purchase via the App and/or where the context so requires, any products ordered by you from us from time to time.
Service(s): the service you connect to via the App, our “Products” and the content we provide to you through it.
Terms: the terms and conditions set out in this document as amended from time to time.
We/us/our: Lush Global Digital Limited, company registration number 10719619 of 29 High Street, Poole, Dorset BH15 1AB, UK.
Working Day: a day on which banks are open for business in London but excludes Saturday, Sunday and any other day which is a public bank holiday in England and Wales.
You/Your: the individual customer and user of the App.
Schedule 1
Documentation
All documentation relating to the App and capable of being accessed by you online via the App including but not limited to:
Bathing App Privacy Policy
Apple Terms and Conditions
Google Terms and Conditions
Adyen Privacy Policy
Lush Delivery Options Help Page