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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 South Africa HQ

    45 Gold street, NorthGate business Park, Cape Town, South Africa

    We are Lush South Africa.  Our registered business name is Green Bubbles Cosmetics PTY (LTD).

    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, email our team straight away [email protected], we promise to not take more than 2 working days to get back to you. 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 see our Delivery information page.

    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 e-mail 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 and send you a SMS when your items are out for delivery)

    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 will give you the option to hold your order until we receive it, the option to replace an item with another or refund the item entirely. Our expert Lushies will be sure to be in contact with you via email and happy to provide you with suggestions if replacements are needed.

    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. Should you not receive a confirmation from us, please be sure to let us know so that we can follow up on your order.

    Your order will then be handpicked and packed and then handed over to our courier or sent to your local Lush store for collection. You will then receive a dispatch confirmation from us containing all the necessary tracking information. Please note that for collections you will need to wait for a phone call from your local Lush store to confirm that your items are ready for collection.

    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 your state or territory consumer protection agency.


    2. Delivery
    We have the option to either have your items delivered or you can collect our specified Lush stores.

    Standard delivery will be sent via Dawn Wing Couriers. In the event that your order has not arrived within 5 working days from the date of dispatch please contact us via [email protected] more information regarding pricing and delivery times please visit our Delivery information page. 

    In store collections may be selected for our Canal Walk, Menlyn, Gateway and Sandton stores.For more information regarding pricing and delivery times please visit our Delivery information page.

    Please note that all online orders are dispatched from our Online store based in Cape Town and not the nearest Lush store to you. This means all communication regarding your online order needs to be made to our digital manager via [email protected]

    2.1 Privacy and Personal Data
    Any personal information we collect or you provide to Lush Retail Limited directly or via lush.com will be managed 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, and 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 and Mastercard payments through Adyen. We also accept EFT payments directly into our bank account.

    All orders and payments need to be made via our website on exception for any corporate sales which will be invoiced privately via email communication.

    You can contact Lush Customer Care Monday-Friday 9:00am- 5pm, 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 South African rands. We reserve the right to alter prices at any time. The price paid for the product will include South African 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 day or the next working day, 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 cancel an order, please email us [email protected] and let us know during office hours. Once your order has been confirmed, we are usually unable to make changes, however we urge you to contact us as we will always try our best to accommodate.

    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 South Africa HQ, 45 Gold street NorthGate Business Park, Cape Town South Africa. 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 emailing us via [email protected] where we will arrange a courier to collect the items from you.  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. This includes any and all packaging received with your order.

    If you cancel a contract within the 14 day cancellation period, you will receive a full refund of the price you paid less the charge incurred of returning the items 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 South Africa HQ, 45 Gold street NorthGate Business Park, Cape Town South Africa

    In the event of a damaged parcel/wrong or missing items
    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 for your replacement items to be sent to you ASAP via express shipping. 

    In the event your items have not arrived: 

    On the rare occasion  that a problem has occurred with our courier and your order has been hijacked, lost, looted or delivered to the wrong person. We do take full liability of the items lost and a replacement order will be sent out to you via express delivery. Although these occurrences are out of control, we will make every effort to ensure we get your items to you.

    In the event of a Change in address: 

    We aim to dispatch your orders within 2 working days so there is a very small window in which changes to address can be made - please be sure to email our Customer Care team as soon as possible, [email protected]

    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 [email protected]

    • Our customer care team will then contact you to arrange a suitable collection time 

    • The item will be refunded to you less the cost incurred for the collection  and you will be able to place another other should you would like to replace the item returned.

    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.

    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
    We are happy to accept returns or exchanges of 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 email us on [email protected]

    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.

    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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