TERMS AND CONDITIONS
C&L Group Ltd trading as Lush Divine London
Company No: 11712068
Bank Chambers Canterbury Road, Lyminge, Folkestone, England, CT18 8HU
Suite 1525 Unit 3A, Hatton Garden, London EC1N 8DX
We can be contacted at
Email: firstname.lastname@example.org or Telephone: +44 20 3239 0778
You are A user of our Website.
“Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods from the Website;
“we”, “us” and “our” are references to Lush Divine, United Kingdom; and
“Website” is a reference to our Website www.lushdivine.uk on which we offer our Goods.
The information, content and material available on the website may vary from time to time without notice to you. This is in order to ensure that the website is as up to date as possible.
We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error-free and we cannot accept liability for any issues that this may cause except where this is caused by our negligence. We aim to keep the website as up to date as possible.
You must not interfere with the working of our website nor must you circumvent security on the site, tamper with, hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet-connected device or service. You must not use the website to gain unauthorised access to any other computer system or website.
Our website is intended for your personal use only (which must be reasonable and not offensive, abusive or in breach of any law or order). It is not for commercial use and you are not permitted to access, use or copy any material or information on this website for any commercial or unlawful purpose.
INTELLECTUAL PROPERTY RIGHTS
Ownership in, and all rights created in relation to the contents of this website and any trademarks or marks used on the site vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our website except where expressly invited to do so or indicated on our website.
Any contract for the supply of Goods from this Website is between you and Lush Divine. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are your own credit or debit card and that you have sufficient funds to make the payment.
Goods purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party.
Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure.
Any order that you place with us is subject to product availability and acceptance by us. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email, we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available, we will also let you know by email.
All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.
The contract for the Goods will be accepted at the time of dispatch of your order. We will confirm this for you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted, you will be notified of this in writing together with the reasons.
PRICES AND PAYMENTS
All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of value-added tax but exclusive of delivery charges which will be added to your order, where applicable.
The total price for Goods ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are dispatched.
You must pay for your order before it is delivered, and you can do so by Cash, Bank Transfer, Paypal, Klarna, debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
Klarna's Pay in 3 instalments and Pay in 30 days credit agreements are not regulated by the FCA. Use of these and any missed payments may affect your ability to obtain credit from Klarna and other lenders. 18+, UK residents only. Subject to status. T&Cs apply. klarna.com/uk/terms-and-conditions
Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
No refunds of the delivery charge are made for late deliveries.
Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
All risk in the Goods shall pass to you upon delivery.
If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
Where delivery is outside the United Kingdom, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
Please note that Goods may be subject to inspection by your local customs office where delivery is outside Vietnam.
CANCELLATIONS AND RETURNS
Right to Cancel Non-personalised Goods (For customers based within the EU only):
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods (or, in the case where you have ordered multiple Goods as part of one order, 14 days from the day on which you acquire, or a third party other than the carrier, acquires physical possession of the last item of the order).
To exercise your right to cancel you must notify us immediately preferably by email to email@example.com or by calling us on +44 20 3239 0778. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the model cancellation form or any other clear statement on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been dispatched. In these cases, the Goods will need to be returned to us.
Effects of Cancellation:
If you cancel this contract, we will reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without delay and not later than –
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have returned the goods, or
if there are no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make this reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send the Goods back or hand them over to us at the following address – United Kingdom without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send the goods back before the period of 14 days has expired.
You will have to bear the costs of returning the Goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
Personalised or Perishable Goods:
The right to cancel an order for Goods described in section DELIVERY above does not apply to orders for
Goods that are made to your specifications or
Goods that are liable to deteriorate or expire rapidly
Returns where Goods are faulty:
Please email firstname.lastname@example.org to inform us of your wish to return Goods quoting your order number. If you notify us of the fault within a reasonable period of delivery of the Goods to you then we will offer you the option of a full refund, repair or replacement. Goods that are liable to deteriorate or expire rapidly and which are discovered to be faulty or damaged must be notified to us as soon as possible. For faults notified to us after this time, we will offer you the option of having the Goods repaired or replaced. You must ensure that the Goods are returned to us at your cost immediately by courier in good condition and unused.
The cost of collecting or returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you.
We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged or not what you ordered, we will replace them free of charge or provide a full refund as appropriate.
We recommend that all returned Goods are returned using our recommended reputable courier Hermes if you are based in the UK. if you are based outside of the UK then couriers such as Parcel Force, Royal Mail, DHL, UPS, DPD or FedEx can also be used.
There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third-party Websites or the services or goods that they may provide to you.
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to email@example.com. In the event of a dispute between us, you may refer the dispute to the EU Online Dispute Resolution Platform by going to httpss://webgate.ec.europa.eu/odr if you are based in Europe or the UK
LIMITATIONS OF LIABILITY
Please Read Carefully as This Limits Our Liability to You
GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR-FREE. WE APOLOGISE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR-FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.
IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU AS A RESULT OF SUPPLYING YOU WITH THE GOODS SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT GOODS. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING GOODS WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.
THE PRODUCTS SOLD BY US ARE PROVIDED FOR PRIVATE DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE USE OF THE WEBSITE OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM US.
WE HAVE TAKEN ALL REASONABLE STEPS TO PREVENT INTERNET FRAUD AND ENSURE ANY DATA COLLECTED FROM YOU IS STORED AS SECURELY AND SAFELY AS POSSIBLE. HOWEVER, WE CANNOT BE HELD LIABLE IN THE EXTREMELY UNLIKELY EVENT OF A BREACH IN OUR SECURE COMPUTER SERVERS OR THOSE OF THIRD PARTIES EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.
We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
These Terms and Conditions and our Agreement shall be governed by relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Agreement.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
- Credit / Debit Cards / AMEX