This website (“Site”) is operated by Lush Ambience Group collectively referred to as “Lush Ambience”.
- REPRESENTATIONS & WARRANTIES
1.1 You hereby represent and warrant that:
1.1.1 you have read and accept the Web Terms in its entirety;
1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms and you are either;
- accessing this Site, using the Services and contracting in your own personal capacity; or
- accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity.
1.1.3 You are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
1.1.4 All of the information provided by you to LUSH AMBIENCE (including without limitation personal particulars and contact information) is accurate and complete.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit:
Account is defined in Clause 5.1.
Agreement means the agreement formed by the Web Terms.
LUSH AMBIENCE Content means all Content of LUSH AMBIENCE that is made available on or via this Site.
Computer means your computer, notebook computer, personal digital assistant, mobile phone, tablet device or other electronic device used to access this Site or the Services.
Content means Product listings, Product descriptions & reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
Linked Sites means websites whose links appear on the Site.
Marks means the logo, trademarks and service marks used on the Site.
Products means products and/or services for which LUSH AMBIENCE invites orders on this Site.
Servers means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
Services is defined in Clause 3.2.
Site means the website at www.lushambience.com
Third Party Products means products and services of third parties advertised on or available at the Site or websites linked from the Site, including products supplied by third parties.
Third Party User Content means all User Content which is not created, transmitted, posted or uploaded by you.
User Content means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
- SITE AND SERVICES
3.1 The Site is owned and maintained by LUSH AMBIENCE.
3.2 LUSH AMBIENCE may now or in the future offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
3.2.1 Online ordering of Products;
3.2.2 Access to Content;
3.2.3 Search engines or tools;
3.2.4 A platform to create, upload and publicly make available User Content;
3.2.5 Product reviews and catalogues, message boards, forums, blogs, communication tools; and
3.2.6 Any other features, content or applications that LUSH AMBIENCE may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will be deemed to have agreed to the Web Terms.
- CONTENT USE CONDITIONS
4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
4.1.1 Any Service;
4.1.2 The Site;
4.1.3 Any LUSH AMBIENCE Content except, to the extent permitted, with the prior written consent of LUSH AMBIENCE or unless expressly permitted in these Web Terms; or
4.1. 4 Any User Content except with the prior written consent of LUSH AMBIENCE and the owner of the specific User Content, unless you are the sole owner of the specific User Content.
4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, LUSH AMBIENCE Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of LUSH AMBIENCE.
4.3 All LUSH AMBIENCE Content is the copyrighted work of LUSH AMBIENCE or its content or software providers, and LUSH AMBIENCE reserves and retains all rights in the LUSH AMBIENCE Content. Use of some LUSH AMBIENCE Content may be governed by the terms of an accompanying end user license agreement.
4.4 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any LUSH AMBIENCE Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or by LUSH AMBIENCE in writing.
- PASSWORD & ACCOUNT
5.1 LUSH AMBIENCE may require you to register an online account (“Account”) to enable you to access and use certain portions of this Site or use certain Services.
5.2 You agree that your Account is for your sole, personal use. You hereby agree not to:
5.2.1 Share with or permit others to use your Account; or
5.2.2 Assign or otherwise transfer your Account to any other person or entity.
5.2.3 Use your Account for commercial purposes.
5.3 You shall provide LUSH AMBIENCE with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You further undertake to keep your Account information updated at all times such that it is accurate, current and complete.
5.4 As part of the registration process for the Account, you will select a password (“Password”) and user identification (“User ID”). You may not:
5.4.1 Select or use a User ID of another person with the intent to impersonate that person;
5.4.2 Use a name subject to the rights of any other person without authorisation; or
5.4.3 Use a User ID that LUSH AMBIENCE, in its sole discretion, deems inappropriate or offensive.
5.5 You shall promptly notify LUSH AMBIENCE of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
5.6 You shall be bound by and responsible for, and LUSH AMBIENCE shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
5.7 You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
5.8 LUSH AMBIENCE shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
5.9 You agree that LUSH AMBIENCE reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. LUSH AMBIENCE shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
- USE OF ACCOUNT INFORMATION
- SUSPENSION AND TERMINATION OF ACCOUNT
7.1 You agree that LUSH AMBIENCE has the right in its sole and absolute discretion and without notice to:
7.1.1 Restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason; and
7.1.2 Without prejudice to the generality of the above, LUSH AMBIENCE reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any term of this Agreement or if LUSH AMBIENCE believes that you have been using the Account for unlawful and/or undesirable activities.
7.2 You agree not to hold LUSH AMBIENCE liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
- INTELLECTUAL PROPERTY
8.1 The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all LUSH AMBIENCE Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with LUSH AMBIENCE. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by LUSH AMBIENCE. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such intellectual property from any portion of the Site is prohibited. All rights not expressly granted in written are reserved by LUSH AMBIENCE.
8.2 The Marks displayed on this Site are the property of LUSH AMBIENCE or other third parties, and all rights to the Marks are expressly reserved by LUSH AMBIENCE or relevant third parties. You are not permitted to use any Marks without the prior written consent of LUSH AMBIENCE or such third party. LUSH AMBIENCE aggressively enforces their intellectual property rights to the fullest extent of the law. The name of LUSH AMBIENCE or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of LUSH AMBIENCE.
8.3 The domain name on which the Site is hosted on is the sole property of LUSH AMBIENCE and you may not use or otherwise adopt a similar name for your own use.
- ONLINE CONDUCT
9.1 You hereby undertake:
9.1.1 to comply with these Web Terms, and such other notices or guidelines that may be posted on the Site by LUSH AMBIENCE from time to time (which shall be incorporated by reference into these Web Terms);
9.1.2 not to use any Service or LUSH AMBIENCE Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
9.1.3 Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
9.1.4 Not to use the Account of another user at any time, whether with or without his/her permission.
- USER CONTENT & LICENCE
10.1 You agree to exercise respect and to act reasonably when participating in any community feature on the Services which permits you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.
10.2 You may not submit, upload or publish on the Site or through LUSH AMBIENCE:
10.2.1 Any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party;
10.2.2 Any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
10.2.3 without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively “Improper Works”).
10.3 If, at any time you upload or post User Content to the Site you automatically:
10.3.1 Grant LUSH AMBIENCE and its subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
10.3.2 Represent and warrant that:
- All User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
- None of the User Content are proprietary or confidential;
- None of the User Content Are Improper Works, nor will they expose LUSH AMBIENCE to any civil or criminal proceedings in any part of the world; and
- The use by LUSH AMBIENCE and other users for the purposes and in the manner set out in this Clause 10.3, and the hosting of the User Content on the Servers by LUSH AMBIENCE will not require any further licences from, or infringe any intellectual property or other rights of, any third party
10.4 LUSH AMBIENCE at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, LUSH AMBIENCE may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which LUSH AMBIENCE believes are Improper Works, or which is the subject of any dispute.
10.5 You agree to indemnify and hold LUSH AMBIENCE and its officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
10.6 The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Web Terms (including under Clause 10.3), and subject to LUSH AMBIENCE’s rights in the compilation of all User Content.
- DISCLAIMERS & LIMITATIONS
11.1 While we make every effort to ensure that all LUSH AMBIENCE Content displayed on the Site is accurate and complete, we provide the LUSH AMBIENCE Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, LUSH AMBIENCE disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, LUSH AMBIENCE does not warrant that the functions contained in or access to the Site, Services, LUSH AMBIENCE Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, LUSH AMBIENCE Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any LUSH AMBIENCE Content in or with any Computer will not affect the functionality or performance of the Computer. LUSH AMBIENCE does not warrant or make any representations regarding the use or the results of the use of the LUSH AMBIENCE Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not LUSH AMBIENCE) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold LUSH AMBIENCE liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of LUSH AMBIENCE.
11.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed to constitute, an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. LUSH AMBIENCE does not sponsor, endorse or promote any products, services or information.
11.3 You acknowledge that it is not LUSH AMBIENCE’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that LUSH AMBIENCE does not endorse and shall not be responsible for any such content.
11.4 You acknowledge and agree that LUSH AMBIENCE does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and LUSH AMBIENCE hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
11.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and LUSH AMBIENCE shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
11.6 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion.
11.7 You agree that:
11.7.1 LUSH AMBIENCE shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
11.7.2 Access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, LUSH AMBIENCE shall not be liable for any loss, liability or damage which may be incurred as a result.
11.8 In no event shall LUSH AMBIENCE be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the LUSH AMBIENCE Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that LUSH AMBIENCE is found to be liable for damages despite the foregoing provision, you agree that LUSH AMBIENCE’s aggregate liability to you for any and all causes of action in relation to the LUSH AMBIENCE Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to LUSH AMBIENCE for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Terms and Conditions of Sale.
11.9 Under no circumstances, including, but not limited to, negligence, shall LUSH AMBIENCE be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the LUSH AMBIENCE Content, Services, Third Party Products, Site, or any other website, even if LUSH AMBIENCE or a LUSH AMBIENCE authorised representative has been advised of, or should have foreseen, the possibility of such damages.
11.10 You agree that the above exclusions and limitations of liability enable the Services and the LUSH AMBIENCE Content may be provided at reasonable costs to you.
- LINKED SITES
12.1 LUSH AMBIENCE may provide links to Linked Sites that may be of relevance and interest to users. LUSH AMBIENCE has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
12.2 LUSH AMBIENCE does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.
- DATA USE & PRIVACY
14.1 You agree that LUSH AMBIENCE has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
- NOTIFICATION OF INFRINGEMENT
15.1 LUSH AMBIENCE reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of LUSH AMBIENCE Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify LUSH AMBIENCE in writing immediately (“Infringement Notice”).
15.2 All Infringement Notices shall be sent to LUSH AMBIENCE addressed as follows:
To : Ecommerce Manager
Address: LUSH AMBIENCE INC
1985, Riviera dr Ste 103-1087
Mount Pleasant, Southern California
15.3 LUSH AMBIENCE will in response to all Infringement Notices submitted in the above manner undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against LUSH AMBIENCE in respect of any Infringing Material, unless you have first given LUSH AMBIENCE the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter LUSH AMBIENCE refuses or fails to remove the Infringing Material within a reasonable time. Where LUSH AMBIENCE removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against LUSH AMBIENCE under any applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by LUSH AMBIENCE.
15.4 You acknowledge and agree that LUSH AMBIENCE has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
16 JURISDICTIONAL ISSUES
16.1 This Site is operated by LUSH AMBIENCE in USA Mount Pleasant. LUSH AMBIENCE makes no representation that the Services or Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17.1 You agree to indemnify and hold LUSH AMBIENCE, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that LUSH AMBIENCE, and its officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to or arising out of:
17.1.1 any use of the Site or any Site;
17.1.2 your connection to the Site;
17.1.3 your breach of any terms and conditions of these Web Terms;
17.1.4 your violation of any rights of another person or entity; or
17.1.5 your breach of any statutory requirement, duty or law.
18.1 LUSH AMBIENCE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. LUSH AMBIENCE may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
18.2 LUSH AMBIENCE may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be deemed to be acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.
19.1 If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.
- RELATIONSHIP OF PARTIES
20.1 Nothing in these Web Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between LUSH AMBIENCE and you and neither party shall have any authority to bind the other in any way.
21.1 No waiver of any rights or remedies by LUSH AMBIENCE shall be effective unless made in writing and signed by an authorised representative of LUSH AMBIENCE.
21.2 A failure by LUSH AMBIENCE to exercise or enforce any rights conferred upon it by these Web Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- FORCE MAJEURE
22.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
22.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
- RIGHTS OF THIRD PARTIES
23.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
- GOVERNING LAW & JURISDICTION
24.1 These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of USA Mount Pleasant, Southern California, without giving effect to any principles of conflicts of law.
24.2 You hereby agree to submit to the exclusive jurisdiction of the USA Mount Pleasant, Southern California courts.
26.1 If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at firstname.lastname@example.org.
TERMS AND CONDITIONS OF USE
1.1 In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
Buyer means the person or legal entity identified in the Order as the purchaser of the Products.
LUSH AMBIENCE means www.lushambience.com
LUSH AMBIENCE Product means a Product bearing the LUSH AMBIENCE trade mark for which LUSH AMBIENCE invites Orders in accordance with these Conditions.
Conditions means these Terms and Conditions of Sale.
Contract means a contract for sale between LUSH AMBIENCE and the Buyer of the Products formed in accordance with Clause 3.4.
Defective Product is defined in Clause 7.2.
Force Majeure Event means any event or circumstances the occurrence and the effect of which LUSH AMBIENCE could not reasonably prevent or avoid including:
- Explosion, fire, flood, war, earthquake, storm or other natural disasters;
- War, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
- Import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
- Epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
- Strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of LUSH AMBIENCE or any other person); and
- Telecommunication, network or Internet disruptions or interruptions,
- We collect it by other lawful means.
Online Payment means payment by any one or more of the following payment modes as may be designated by LUSH AMBIENCE from time to time: credit card, debit card, charge card, PayPal, online banking, online store credit, and other designated payment modes.
Online Store means the LUSH AMBIENCE online store currently accessible at https://lushambience.com
Order means an online order placed via the Online Store by a Buyer with LUSH AMBIENCE for the Products in accordance with these Conditions.
Parties means LUSH AMBIENCE and the Buyer and “Party” means any one of them.
Payment Processing Company means the applicable payment or card processing entity for the relevant Online Payment mode.
Product means a LUSH AMBIENCE Product or Third Party Product listed at the Online Store for which LUSH AMBIENCE invites Orders in accordance with these Conditions.
Substitute Product is defined in Clause 6.4.
Third Party Product means a Product which is not a LUSH AMBIENCE Product for which LUSH AMBIENCE invites Orders in accordance with these Conditions.
1.2 Words using the singular or plural number also include the plural or singular number.
1.3 Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
1.4 Any reference to a “Clause” is to a clause of these Conditions.
1.5 The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
1.6 A reference to the word “include” or “including” shall not be construed as having any limiting effect.
- APPLICATION AND EFFECT
2.1 These Conditions shall govern the sale of the Products listed at the Online Store by LUSH AMBIENCE to the Buyer, save where Buyer has signed a separate purchase agreement with LUSH AMBIENCE, in which case the terms and conditions of the separate agreement shall govern.
2.2 By ordering the Products or accepting delivery of the Products described on the invoice, the Buyer agrees to be bound by and is deemed to have accepted these Conditions.
- ORDERS, PRICE AND PAYMENT
3.1 LUSH AMBIENCE will process Orders for delivery in United States Of America.
3.2 Buyer shall indicate the Products it wishes to order and the quantity required, at the price and in the currency specified by LUSH AMBIENCE at the Online Store, by placing an Order on the designated online form at the Online Store and providing to LUSH AMBIENCE all necessary information as may be required by LUSH AMBIENCE at the Online Store.
3.3 All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by LUSH AMBIENCE.
3.4 LUSH AMBIENCE may accept an Order by:
3.4.1 contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to either:
- Accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
- in the case of Orders exceeding a certain quantity or value, request that the Buyer submit a written bulk purchase order form for LUSH AMBIENCE’s written acceptance, or
3.4.2 delivering the Product(s) ordered to the Buyer,
and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by LUSH AMBIENCE), and such other terms and conditions as LUSH AMBIENCE may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by LUSH AMBIENCE in the manner set out in this Clause 3.4. Processing or acceptance of Online Payment for an Order shall not in itself constitute acceptance of the Order by LUSH AMBIENCE, provided that where an Order is rejected by LUSH AMBIENCE, any payment made for such Order shall be reversed or refunded by LUSH AMBIENCE or an online store credit shall be given to the Buyer.
3.5 LUSH AMBIENCE shall be entitled to:
3.5.1 Decline to accept or reject the Buyer’s Order in whole or in part without assigning any reason; or
3.5.2 Delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
3.6 LUSH AMBIENCE shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be LUSH AMBIENCE’s current selling price on the date of acceptance by LUSH AMBIENCE of the Order, which may or may not be correctly reflected at the Online Store.
3.7 No promotion, offer, voucher, or online store credit may be applied retroactively to any standing or previously placed Order. Any applicable promotions, offers, vouchers, or online store credit must be stated before checkout as these cannot be claimed or applied after an Order have been made. No promotion, offer, voucher, or online store credit may be exchanged for cash.
3.8 Unless otherwise agreed by LUSH AMBIENCE in writing, payment for the Products shall be made by the Buyer in full by valid Online Payment before physical delivery of Products.
3.9 The Buyer warrants and agrees that it is ordering Products for his/her own use only and not for re-sale, distribution or export. The Buyer shall indemnify LUSH AMBIENCE and hold LUSH AMBIENCE harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this Clause 3.9.
3.10 For economical and standard delivery, the Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable duties, tariffs and taxes (including but not limited to goods and services tax) at the prevailing rates, which are not determined at checkout but will be determined by your local customs officials once the Products arrive in your territory (where applicable). Buyer shall not be entitled to reject any Products, withdraw any Order, or claim any refund on the grounds that the Buyer does not agree with any such duties, tariffs and taxes. For express delivery, the Buyer shall bear all shipping and handling charges (where applicable). Standard duties, tariffs and taxes imposed by the delivery destination shall be borne by lushambience.com for orders shipped under express delivery.
3.11 All Online Payments are subject to processing by LUSH AMBIENCE’s payment service provider, the approval of the Payment Processing Company and the relevant issuing bank. LUSH AMBIENCE shall not be liable in any way if the payment service provider, Payment Processing Company or the issuing bank refuses to process or accept any Online Payment particulars for any reason.
3.13 LUSH AMBIENCE reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Payment Processing Company or the issuing bank rejects or reverses payment for an Order, LUSH AMBIENCE may in its discretion:
3.13.1 Cancel the Order; and/or
3.13.2 Refuse to accept future Orders from you.
- PRODUCT AVAILABILITY AND DESCRIPTIONS
4.1 Products displayed on the Online Store are subject to availability.
4.2 LUSH AMBIENCE has made every effort to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of Products (“Attributes”). However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may vary. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product. All Attributes given on the Online Store are approximate only.
4.3 All Products displayed for sale on this Site are constructed of man-made materials unless otherwise stated.
- TITLE AND RISK
5.1 Risk in the Products shall pass to the Buyer upon our delivery of the Products to the carrier.
5.2 Title in the Products shall not pass to Buyer until receipt by LUSH AMBIENCE of full and final payment for the Products and delivery of the Products to Buyer.
- ORDER DELIVERY AND CANCELLATION
6.1 The Buyer shall designate in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the Products.
6.2 Subject always to LUSH AMBIENCE acceptance of the Order and to Clause 3.1,
6.2.1 Where the delivery option is selected:
- LUSH AMBIENCE shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by LUSH AMBIENCE. If no one is available at the delivery address to receive the Products, LUSH AMBIENCE’s delivery agent will leave an “unable to deliver” card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products
- The Buyer shall bear and pay to LUSH AMBIENCE:
- the Delivery and Shipment Charges
- the delivery, re-delivery, shipment, return, forwarding, re-shipment, and administrative costs, tax, duties, storage and disposal charges and costs for any Product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these Conditions, or where any delivery to the Buyer is unsuccessful for any reason.
- Please read our latest Delivery Terms for local and international deliveries, which shall apply to the Contract
6.2.2 Where the option is made available by LUSH AMBIENCE, and the Buyer opts for self-collection of the Products the Buyer shall collect the Products at an address designated by LUSH AMBIENCE.
6.2.3 LUSH AMBIENCE is unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by Buyer or recipient of the Products.
6.2.4 There may be an administrative fee payable by the Buyer for any changes in delivery address for each Order.
6.2.5 The Buyer is aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package, and LUSH AMBIENCE shall not be liable for any loss or damage thereby caused.
6.2.6 All custom declarations will be completed in English.
6.3 Any shipment, delivery or collection dates provided by LUSH AMBIENCE are estimates only and shall not form part of the Contract. LUSH AMBIENCE shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer’s Order has not been delivered within a reasonable time, the Buyer should contact LUSH AMBIENCE at:
LUSH AMBIENCE INC
1985 Riviera Dr, Ste 103 – 1087,
Mount Pleasant SC 29464
Phone : +1 8439202818
Timings: Monday to Friday
10.00 A.M to 5.30 PM EST
Phone : +1 8439202818
Timings : Monday To Friday
10:00 A.M to 7.00 PM EST
6.4 LUSH AMBIENCE reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:
6.4.1 Change its prices or specifications of any Product; or
6.4.2 Deliver a Product which is similar to the Product ordered with minor differences,
(each a “Substitute Product”). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
6.5 An Order may be cancelled by the Buyer prior to payment for the Products by Buyer, provided always that:
6.5.1 the Buyer must contact LUSH AMBIENCE to request LUSH AMBIENCE for cancellation immediately;
6.5.2 LUSH AMBIENCE will endeavour to accommodate the Buyer’s request, if the Order has not been processed; and
6.5.3 The Buyer shall pay any cancellation fees which may be imposed by LUSH AMBIENCE.
6.6 If an Order has already been processed, no cancellation or refund will be permitted.
6.7 The Buyer acknowledges that LUSH AMBIENCE’s liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products. The Buyer further acknowledges that LUSH AMBIENCE retains absolute discretion as to the order of priorities in which any Products are delivered to LUSH AMBIENCE’s customers.
6.8 LUSH AMBIENCE may deliver the Products in an Order by instalments, provided that full payment for the entire Order shall be made on or before the delivery of the first instalment.
6.9 LUSH AMBIENCE reserves the right to make only partial delivery of an Order. If only part of the Order can be shipped, LUSH AMBIENCE will use reasonable efforts to contact the Buyer to select replacements. If Buyer cannot be contacted, LUSH AMBIENCE will reject the entire Order.
- ACCEPTANCE OF PRODUCTS
7.1 Unless the Buyer notifies LUSH AMBIENCE in writing to the contrary within thirty (30) days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.
7.2 A Product shall only be eligible for replacement if upon delivery:
7.2.1 it is damaged; or
7.2.2 The Product supplied is materially different from the Product specified in the Order,
(such Product being a “Defective Product”).
7.3 The Buyer must report any Defective Product to LUSH AMBIENCE by submitting a “return request” through My Account online and describing the reasons and the Defective Product to be returned within fifteen (15) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.
7.4 If LUSH AMBIENCE considers the Product to be a Defective Product, the procedure for returns set out in LUSH AMBIENCE’s Returns Policy will apply. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.
7.5 LUSH AMBIENCE reserves the right to refuse any return or replacement of a Defective Product if:
7.5.1 The Buyer is unable to produce the Product details or tax receipt;
7.5.2 The Defective Product is a Third Party Product and LUSH AMBIENCE is not authorised by the supplier to process returns or replacements; or
7.5.3 The defect is the result of:
- Unique, accidental, or random damage that is the result of use by Buyer, or wear and tear.
- Accidental nicks, scratches, or minor damage;
- Improper use or mismanagement by Buyer;
- Unique, accidental, or random damage that is the result of use by Buyer, or wear and tear.
- Modification of the Product not authorised by LUSH AMBIENCE;
- Unusual or un-recommended physical, environmental or electrical stress by Buyer;
- Use of Product by a person other than Buyer; or
- Buyer’s failure to comply with any terms of these Conditions.
7.6 Please see LUSH AMBIENCE’s Returns Policy for additional terms governing the return of Products.
- CONTROLS AND RESTRICTIONS
Certain territories impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs. If requested, LUSH AMBIENCE will use reasonable commercial efforts to attempt to deliver the Order to the Buyer by providing supporting documents to the relevant authorities. LUSH AMBIENCE shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.
The Buyer shall be responsible for all (i) shipping charges for both the delivery and the return of the Order, (ii) charges, duties, taxes or penalties imposed upon LUSH AMBIENCE by the authorities in either the delivery or shipping destination, (iii) reasonable administration fee for all Orders which are unable to be delivered due to any regulatory requirements and restrictions on Products not being met after the reasonable commercial efforts of LUSH AMBIENCE.
- NO WARRANTIES
9.1 LUSH AMBIENCE makes no warranty in respect of any LUSH AMBIENCE Product, express or implied, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose. LUSH AMBIENCE’s sole liability for any defects in any LUSH AMBIENCE Product is set out in Clause 7.
9.2 LUSH AMBIENCE makes no representations or warranties of any kind in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.
- EXCLUSION & LIMITATION OF LIABILITY
10.1 In no event shall LUSH AMBIENCE be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if LUSH AMBIENCE has been advised of the possibility of such loss or damage.
10.2 If any service (including but not limited to installation of any Product) is performed by any third party, LUSH AMBIENCE shall not be liable for any act, neglect, omission or wilful default of such third party, regardless of whether such third party is authorised by LUSH AMBIENCE.
10.3 The total liability of LUSH AMBIENCE to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by LUSH AMBIENCE shall not in any event exceed the price of the Product giving rise to such claims.
10.4 Nothing in these Conditions shall limit or exclude LUSH AMBIENCE’s liability for death or personal injury caused by LUSH AMBIENCE’s negligence.
11 FORCE MAJEURE
11.1 LUSH AMBIENCE shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
11.2 LUSH AMBIENCE shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer may not terminate the Contract by reason of any such delay or failure.
11.3 In the event that any Force Majeure Event results in a shortage of Products, LUSH AMBIENCE shall be entitled to allocate its available stock of the Products among its customers in such a manner as LUSH AMBIENCE may consider equitable and may make partial deliveries of any Products to the Buyer.
12.1 LUSH AMBIENCE reserves the right to amend these Conditions without prior written notice, at LUSH AMBIENCE’s sole discretion, by posting a copy of the amended Conditions at the Online Store.
12.2 Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by LUSH AMBIENCE.
13.1 The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of LUSH AMBIENCE. Any such unauthorised assignment shall be deemed null and void.
- NO WAIVER
14.1 No failure on the part of LUSH AMBIENCE to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
14.2 Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on LUSH AMBIENCE, unless otherwise agreed in a written agreement signed by Buyer and LUSH AMBIENCE, and any failure by LUSH AMBIENCE to object shall not be considered a waiver of these Conditions.
15.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
- RIGHTS OF THIRD PARTIES
16.1 A person or entity who is not a Party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.
- GOVERNING LAW AND JURISDICTION
17.1 These Conditions shall be construed in accordance with, and governed by the laws of Singapore, without giving effect to any principles of conflicts of law.
17.2 The Parties hereby submit to the exclusive jurisdiction of the Singapore courts.
TERMS AND CONDITIONS FOR BULK ORDERS
- Definitions used: “Bulk Order” means orders placed on the Site which are in aggregate of a quantity of 10 or more items or in aggregate of a value exceeding US $600, which are delivered to the same delivery address, within a reasonable period. Each such order will be considered a “Bulk Order”.
- By confirming the Bulk Order and LUSH AMBIENCE fulfilling the Bulk Order, you are deemed to have agreed to these Terms and Conditions for Bulk Orders in its entirety without modification, save that LUSH AMBIENCE reserves the right to amend these Terms and Conditions for Bulk Orders without prior written notice, at LUSH AMBIENCE’s sole discretion, by posting a copy of the amended Terms and Conditions for Bulk Orders at the Online Store
- You agree that you shall not advertise, offer for retail sale, resale, distribution or export any of the Products purchased through the Bulk Order.
- You shall not advertise any relationship or connection with LUSH AMBIENCE. Our fulfilment of the Bulk Order does not grant you any “distributorship”, “authorized purchaser” or any such similar status with LUSH AMBIENCE.
- All Bulk Orders are subject to LUSH AMBIENCE’s online security screening. You may be contacted via email/phone to provide additional information required by LUSH AMBIENCE’s online security team.
- You will incur an administrative charge if you cancel or amend the Bulk Order after confirmation.
- LUSH AMBIENCE reserves the right to limit quantities of the Products sold and may discontinue accepting orders for any Product at any time. LUSH AMBIENCE reserves the right to accept or reject Bulk Orders in any combination or option(s) it determines to be in its best interest. LUSH AMBIENCE reserves the right to either process the Bulk Order partially and make refunds, or reject the Bulk Order in its entirety.
- Due to the larger volume ordered, delivery and/or processing period of the Bulk Order may take longer than individual orders.
- Bulk Orders are not eligible for refund or exchange except due to manufacturing defects. All refunds or exchanges due to manufacturing defects must be accompanied by an official receipt. We perform stringent checks on the Products prior to shipment to the courier company.
- LUSH AMBIENCE retail stores and the Site are the official channels for sale of the Products. LUSH AMBIENCE shall not be responsible for any Products sold by unauthorised resellers. Please refer to Store Locator for our full store listing.
- For Local Delivery Within USA, prices are inclusive of 10% Goods and Services Tax. You shall be liable for any additional taxes and duties (if applicable).
- The authorities in the delivery destination may require you to provide certain licenses, permits, documentation before the Bulk Order may be released to you. It shall be your sole responsibility to provide such documentation. In the event the Bulk Order is unable to be released to you due to your inability to provide such documentation, LUSH AMBIENCE shall be entitled to (i) claim the shipping charges for both the delivery and the return of the Bulk Order, (ii) charge any duties, taxes or penalties imposed upon us by the authorities in either the delivery or shipping destination, (iii) as well as an administration fee to you. For the avoidance of doubt, this clause shall apply notwithstanding the Bulk Order may have been shipped under express delivery.
- Customs and import regulations or other regulations imposed by authorities in the delivery destination may impose certain restrictions on goods being imported. Such restrictions may include restrictions on certain materials used on the Products or limits on quantity. We will be unable to determine at the confirmation of your Bulk Order whether such regulations exist and/or may affect delivery of the Bulk Order. Under such circumstances, LUSH AMBIENCE will use reasonable commercial efforts to attempt to deliver the Bulk Order to you by providing supporting documents to the relevant authorities. You are responsible for ensuring that the ordered Products comply with import requirements in the delivery destination and are strongly advised to understand the delivery destination’s customs and import regulations before placing the Bulk Order. In the event the Bulk Order is unable to be released to you due to the failure to address such restrictions, LUSH AMBIENCE shall be entitled to (i) claim the shipping charges for both the delivery and the return of the Bulk Order, (ii) charge any duties, taxes or penalties imposed upon us by the authorities in either the delivery or shipping destination, (iii) as well as an administration fee to you. For the avoidance of doubt, this clause shall apply notwithstanding the Bulk Order may have been shipped under express delivery.