UK Terms and Conditions

    Promotional Terms and Conditions

    Spot the Bunny in the Lush Times Spring issue

    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:

    Unit I, Fleets Corner

    Nuffield Industrial Estate

    Poole

    Dorset

    BH17 0LA

    We are Lush Retail Ltd (company registration number 03084750) of 29 High Street, Poole, BH15 1AB.

    Trademarks are owned by Cosmetic Warriors and used under Licence.

    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 team is 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 (+44) 01202 930051 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 out as quickly as humanly possible.

    Ordering

    By placing an order on our website, you agree to give:

    Your real name

    Your e-mail 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 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 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.

    Delivery

    Standard delivery (£3.95 or free standard delivery on orders over £45+). We partner with Royal Mail, Yodel, Evri and DPD for deliveries and your order will be trackable.

    Next Working Day delivery (£6.95)  We partner with Evri and DPD for deliveries and your order will be trackable.

    Saturday and Sunday nominated day delivery (£8.95) We partner with Evri and DPD for deliveries and your order will be trackable.

    We recommend downloading our delivery partners App for up to date tracking information, delivery time windows or to manage your delivery.

    Delivery outside of the UK

    We ship orders globally from our website. We will confirm the cost to deliver your products at the checkout, prior to placing your order. The delivery cost is determined by a combination of the size and weight of the order and the destination.

    We use Royal Mail to ship overseas via the postal service.  The service is not trackable.

    For overseas courier orders, we use DPD and UPS.  These are trackable services and you will receive a tracking number to trace your delivery.

    Delivery time to overseas destinations will vary depending on the delivery destination, for details see here https://www.lush.com/uk/en/faq/delivery-information 

    In the event that your order has not arrived within 30 working days please contact Lush Customer Care Team on live chat, via the app or website,  phone on (+44) (0)1202 930051 or email [email protected]

    Split delivery

    We may split delivery of your order into several parts based on the stock availability and size of order. You will not be charged extra for this.

    Links to our delivery partner website and service updates

    Royal Mail tracking: https://www.royalmail.com/

    Royal Mail international disruption information:  https://www.royalmail.com/international-incident-bulletin

    Royal Mail service updates: https://www.royalmail.com/service-update

    Evri tracking:  https://www.evri.com/track-a-parcel

    DPD service updates: https://www.dpd.co.uk/content/products_services/service_updates.jsp

    DPD tracking:  https://www.dpd.co.uk/index.jsp

    Yodel tracking: https://www.yodel.co.uk/track

    UPS tracking: https://www.ups.com/track?loc=en_GB&requester=ST/

    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 United Kingdom; 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 United Kingdom 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.

    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 Retail Limited directly or via Lush.co.uk 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.

    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.

    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.

    Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond our control and we cannot be responsible for the late arrival of parcels detained in this way.

    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 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 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 despatched 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 e-mail 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 and gift cards payments through Adyen.

    Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.

    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.

    You can also telephone your order to us; call +44 (0)1202 930051 to chat to our happy Lush Customer Care team.

    You can also send postal orders to our Customer Care team with a cheque, providing that it is drawn on a UK sterling bank account. Unfortunately, we cannot take foreign cheques. You can also send a postal order made to UK sterling, payable to Lush Retail Ltd. Please do not post credit card details to us. We will happily take your order over the phone.

    You can contact Lush Customer Care Monday to Friday 8am to 7:30pm . 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 pound sterling (£) and include VAT, 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. Overseas orders may incur bank charges for international transactions. 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.

    Where you have requested delivery to a UK or EU address, the price paid for the product will usually include VAT at the applicable rate, and the applicable amount of VAT will be shown on your email sales notification.

    If you have requested delivery to a non-EU address, the products will normally be zero-rated and not subject to UK VAT, however the total amount charged for your order will not change.

    Customs

    Products delivered to destinations outside the UK may be subject to taxes, fees, levies or other charges as a result of local legislation or customs formalities and we advise that you check the import charges applicable before ordering Products to be delivered there.

    The recipient of the order is responsible for all customs formalities for the import of the Products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied. The recipient of the products, not the person placing the order, will receive a separate request for payment of these charges. If you are ordering Products to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges.

    You (or the recipient of the products if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it's your responsibility to check that any products ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.

    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, 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 +44 (0) 1202 930051 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 +44 (0) 1202 930051 or live chat with us on our website or app 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 despatched, which is when the contract between us is formed.

    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.

    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. 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, 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. We will refund you via the payment method 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: Unit I, Fleets Corner, Nuffield Industrial Estate, Poole, Dorset, BH17 0LA

    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, we will offer you an e-gift card, 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. It may be possible for you to return these goods to a Lush shop; to find out if this is possible, please call (01202) 930051. This applies to the UK only.

    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.

    For orders delivered outside the EU, VAT will not be chargeable, although the total cost of your order will remain unchanged. For those outside the EU, authorities in your country may impose their own duties or taxes on incoming parcels. We are not responsible for any such charges.

    Your Statutory Rights

    Nothing in these terms 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.

    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 Retail Limited whose registered address is 29 High Street, Poole, Dorset, BH15 1AB, Company Number 03084750, VAT Number GB241744222.

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