Effective Date: June 1, 2017. Last Modified: August 24, 2017.
An up-to-date version is available online at: https://www.lushcollagen.com/terms.php
1. Preliminary Provisions
The Terms and Conditions (hereinafter abbreviated and referred to as "T&C’s" or "Agreement") shall govern your use of any and all products purchased via our website, the website Lushcollagen.com itself, all of its subdomains and directories.
We are hereby placing legal conditions on your use of our website and any and all products purchased via it (Lushcollagen.com, hereinafter the "Service"), and making certain promises to you.
By using or accessing our Website and ordering products from it, you hereby agree to be fully bound by all of the following terms.
"We" are Saffiery s.r.o., company formed and located in Slovakia. We are the services and goods provider of Lushcollagen.com. When these T&C’s use first-person pronouns such as "us", "we", "our", "ours" etc., those first-person pronouns are referring to Saffiery s.r.o.
"You" are the Customer. As the user of any of our Online Services or Purchaser of any goods sold by us, this Agreement will refer to the Customer as "You" or through any second-person pronouns, such as "Yours" etc. Hereinafter, the Customer, User of the Service and Buyer of our Products shall be referred to in applicable second-person pronouns.
When the term "Website" is used in this Agreement, it shall mean Lushcollagen.com, unless explicitly and specifically stated otherwise.
When the terms “Products” or “Goods” are used in this set of T&C's, they means any product sold via Lushcollagen.com, unless explicitly specified otherwise by the Agreement.
Consideration for Your acquiescence to all of the provisions in this set of T&C’s has been provided to You in the form using Our Website, Our Services or purchasing Our Products. You agree that such Consideration is both adequate and is received upon Your using any portion of the Services or Products, including but not limited to viewing or downloading any portion of Our Website, purchasing Products or requesting a trial of any of Our Services or Goods.
The first and foremost condition is that You agree to all of the conditions in this set of T&C’s. If You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use our Service, purchase Our Products or enroll in a trial. We encourage you to look for alternative Goods or Services.
You may not unilaterally disregard any portion of this Agreement. If there is a particular portion of this set of T&C’s that You would like to avoid being bound by, You may contact Us to negotiate a separate agreement before You use the Service or purchase any Products. We cannot guarantee that such negotiations will be successful.
If you do not fully comprehend all terms of this Agreement, please consult with a lawyer before using Our Service or purchasing Our Products.
This agreement is in the English language and all future updates will be in English. We may market to you in advertising materials in different languages, but regardless of where you are accessing our website from or where you have placed your order to, our communication with you will be exclusively in the English language.
We reserve the right to revise this Agreement from time to time and You explicitly agree that We have this unilateral right. You agree that all changes, modifications or additions to these T&C’s are effective immediately upon posting. The updated or edited version of this Agreement shall supersede any and all prior versions immediately upon posting. All prior versions are of no continuing legal effect.
When We change anything in this set of T&C’s We also update the the "Last Modified" date on our website. At all times You can access the most up-to-date version of this Agreement using a browser. You agree to revisit this URL on a monthly basis, and to use the "Refresh" button on Your browser when doing so. You agree to note the date of the last revision upon each visit. If the "Last Modified" date is unchanged from the last time You reviewed this set of T&C’s then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "Last Modified" date has changed, however, then You agree that You will read the Agreement in its entirety, note the changed terms, and agree to either be bound by these the new terms or immediately cease all use of our Services and Products.
Waiver. If You fail to review this Agreement on a monthly basis to determine if any of the terms have changed, You then assume full responsibility for such omissions. You furthermore agree that such failure amounts to Your affirmative waiver of Your right to re-review the amended terms. We are not responsible for Your neglect of Your legal rights.
5. Account Registration and Management
Before you can use our Services or purchase Products from us, you must register for an account by providing us with your full name, telephone number and shipping address. If you do not specifically provide a password upon registration, we may generate a password for you. You are solely responsible for maintaining the security and confidentiality of your login credentials.
You are fully responsible for all activities that occur under Your account when logged in with your username and password. You agree to immediately notify Us of any unauthorized use of Your account or any other security breach. You also agree that you will always logout of Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
6. Shipping and Handling of Goods
When you place an order for goods from our website or enroll in a trial program, we will typically process, pack and dispatch your order within 3 business days from the clearing of your payment. Debit card or check payments may take longer to process. We will not process your order until payment has cleared in full.
Typically orders are dispatched via express courier and You can expect to receive an email with a tracking number for your package. Most orders arrive 2 to 7 business days after shipment, however, orders sent to addresses in remote locations may take longer than 7 business days to arrive. We may offer to expedite the handling of the goods you purchased for a small fee, but cannot always guarantee a faster delivery.
A signature may be required upon delivery and our couriers may refuse to leave packages unattended, with a minor or without a signature confirming receipt.
We shall not be held responsible for lost or stolen shipments unless explicitly insured by us. In the event your goods are not delivered within the reasonable shipping timeframe applicable to your location, you must notify us in writing via email. We may offer to insure your shipment for a reasonable fee. If you’ve opted to insure your shipment and you have not received your Goods within 21 business days of dispatch, we will send you a replacement order free of charge.
We reserve the right to cancel, terminate and refuse shipment of any order at our discretion. All associated fees and charges will be refunded in full in such an event, as specifically described in our Order Return and General Refund Policies.
We ship worldwide, but cannot be held responsible for any delays or additional charges arising from levies, taxes, customs tariffs or import duties. It is Your sole responsibility to bear all such additional expenses.
We will not accept orders from nor ship to the following countries: Burma (also known as the Union of Myanmar), Côte d'Ivoire, Cuba, Iran, North Korea, Syria.
7. Return Policy
If you are not completely satisfied with your purchase, you can return all products up to 30 days after delivery for a full refund of the initial purchase price (less any applicable shipping and handling charges for our customers located outside of the 28 EU member states).
Please note that you cannot return goods physically, by yourself. The returns addresses are managed by contracted third party fulfilment agents and are neither manned nor authorized to handle customers directly. Refunds will be issued only for products returned via mail to the designated return address.
Customers from countries in Scandinavia and Britain, please return products to:
Unit 3 Henson Way, Telford Way Ind Est.,
NN16 8PX, United Kingdom
For our valued Canadian customers, please use the following returns address:
41 Parr Blvd.,
L7E 4E3, Canada
For customers from all other countries, please contact one of our customer care agents to obtain a return authorization number and return address.
The cost of returning goods is solely yours to bear. We cannot pay, repay, issue a shipping label or reimburse you in any way for the shipping and handling costs associated with goods that you wish to return.
We cannot be responsible for returned goods that are lost, stolen or damaged in transit back to our shipping centres. You are advised to send all returns via tracked mail and with delivery confirmation.
8. Refunds and Credits
Once received, we typically take 3 to 5 business days process and inspect the returned goods and issue full or partial refunds, if applicable. While most refunds and credits normally take 3 to 5 business days after processing to show on your electronic statement, for clients of certain banking institutions and issuers this may take up to 30 calendar days. If unsure whether your refund or credit was processed kindly contact one of our customer care agents for confirmation and further information.
Please note that refunds can be processed only after the returned products have been received by us, unless you are located in the U.K. We do not issue refunds in advance or in good faith and reserve the right to refuse refunds to customers who repeatedly request refunds or who, in Our sole discretion, request refunds in bad faith.
While we refund the cost of the products purchased, in full or partially, please note that we do not issue refunds for shipping and handling fees, insurance or other administrative charges.
Refunds are always issued to the card originally charged upon placing the order. We do not issue refunds by check, money order, cash, PayPal or Bitcoin. We reserve the right to neither process nor issue refunds for packages marked “Return to Sender” or “Delivery Refused”.
9. Billing Terms
We are pleased to accept the following payment methods: credit and debit cards by Visa, Visa Electron, MasterCard, Cirrus, Maestro and American Express, as well as direct debit payments in select European countries. We and our acquirers reserve the right to decline your transaction.
Depending on your location, you will be billed in U.S. dollars (USD), Canadian dollars (CAD), Euros (EUR), Australian dollars (AUD), New Zealand dollars (NZD) or British pounds (GBP). We may decide to charge you in whichever currency we deem appropriate, independent of your physical location or billing address. The relevant currency for each charge is always displayed at the checkout page.
We are not responsible for any overdraft fees, exchange rates and fees, currency fluctuations, international or any other fees or financial penalties that may be levied by your card issuer and posted to your statement or account. You agree to bear all such associated costs and understand that we are not in the capacity to refund or reverse them.
From time to time, we may offer customers a limited trial of our products, whereby they can use some of our products without bearing their full cost upfront, and allowing them the chance to evaluate them in the comfort of their homes and the convenience of their daily routines. If You choose to enroll in such a promotion, You agree that You will pay Us a nominal shipping and handling (S&H) fee for dispatch of the promotional products.
Once your trial order has been placed your card will be charged $5.99 for S&H, plus any additional upfront charges you may have selected, such as expedited shipping or insurance. These charges will appear on your statement separately as LUSHCOLLAGEN.COM+16466938934. Most of our products are stocked and normally dispatched within 3 business days. Kindly allow up to an additional 7 business days for delivery, depending on your address and the preferred shipping method. For more detailed information about our processing times, please consult the “Shipping and Handling” section of this Agreement.
You will then have a certain amount of time (the trial period) to sample and evaluate the promotional products. Typically, the trial lasts 10 to 14 days from the date you receive the goods. In case you are not completely satisfied with the products during the trial period, You agree to notify us via email or telephone that You wish to return the trial and cancel your trial. If you are satisfied with the products and do not notify us that you wish to return them, at the end of the trial period your card on file will be charged the discounted cost of products you’ve received, typically $158.91. We reserve the right to recharge a declined order at the original purchase value at a different time or a lower amount if the charge fails to process on the first attempt.
Furthermore, in the event that you have chosen to enroll in one of our AutoRefill programs, you will be enrolled at our default replenishment and recharge rates.
For your convenience and peace of mind, we have designed the popular AutoRefill program, under which we will automatically send you a fresh replenishment package of your preferred products at a frequency agreed upfront, typically every 30 calendar days starting from the end of your trial period, if you have agreed to enroll. The preferred AutoRefill frequency is 30 calendar days, but You can modify this to better suit your lifestyle and needs by adjusting it to 45, 60 or 90 calendar days.
Upon dispatch of each replenishment package, your card on file will be charged accordingly at the agreed rate of $98.97. We are pleased to offer complimentary shipping and handling to all our loyal AutoRefill customers. Your AutoRefill profile can be cancelled or modified at any time by logging in your account profile or contacting our customer satisfaction center. The replenishment charge may be less if you have enrolled in the AutoRefill program during a promotional period.
We reserve the right to recharge a declined order at the original purchase value at a different time or a lower amount if the AutoRefill charge fails to process on the first attempt.
If you wish to discontinue your enrollment in AutoRefill, please click here
11. Order Cancellations
Typically, new orders can only be cancelled if You contact us the same day the order was placed. To ensure timely delivery we strive to ship orders as soon as possible and thus may be not always be able to cancel your order prior to its dispatch. For further information, please refer to the Return and Refund policies of this Agreement.
For goods ordered under a trial promotion, you may request the cancellation of your trial within the respective period (typically 10 to 14 days from the day your products were delivered). Visa and American Express customers may return the trial goods with no further charges due. MasterCard customers are requested to contact our customer care agents to request a cancellation authorization without necessarily having to return the trial goods.
Be advised that except for MasterCard customers, all goods ordered as part of a trial must be sent back for the trial cancellation to be validated. If you refuse to return the merchandise as agreed under the Return and Refund sections of this Agreement, we reserve the right to charge your card on file the full price of all goods sent to you in good faith, on a trial basis.
You may amend the frequency of future AutoRefill shipments or altogether cancel your automatic replenishment profile. Such cancellations are immediate and applicable to further replenishment shipments only. All AutoRefill packages already dispatched to You will fall under the standard Return and Refund policies of this Agreement.
At any time and at Our sole discretion we may cancel or refuse the dispatch of any order, with or without a reason. In such cases, all related charges will be fully refunded under our Return and Refund policies.
12. Beauty Club Membership
You may be invited to to join one of our exclusive beauty clubs for a nominal monthly membership fee. If you choose to become a member, You will receive immediate and unrestricted access to the members-only area and enjoy the first 1 month of membership free of charge. Once Your grace period has expired, You authorize Us to charge your card on file the monthly membership fee of $9.41.
Your membership can be cancelled at any time and no further charges will apply. You retain the right to indefinitely keep any content you may have obtained lawfully whilst a member of the beauty club, including ebooks, images, audio books, advice, etc. All content is strictly for Your personal use and cannot be redistributed commercially without You having obtained prior written consent from Us.
Beauty club memberships are separate from our physical goods policies and our trial and automatic replenishment offers. Different terms are applicable for each promotion You enroll in and the onus is on You to familiarize yourself with the terms attached to each.
13. Limitation of Liability
Disclaimer of Warranties. You expressly agree that all of our Services and Products are provided on an "as is" basis and that their use is solely at Your own risk. No warranty, representation, condition, undertaking or term — express or implied, statutory or otherwise — including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the Service and Products is given or assumed by us. All such warranties, representations, conditions, undertakings and terms are hereby excluded. We make no warranty that the Services and Products provided will meet Your expectations or requirements.
In no event shall We be liable to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising — in any way, shape or form — out of the availability, use, reliance on, inability to utilize or improper use of the Services and Products even if We shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, or otherwise.
In no event shall We be liable to You for any delays, inaccuracies, errors or omissions with respect to the Products or the transmission or delivery of all or any information thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
You agree to indemnify and hold Us and Our subsidiaries, officers, agents, employees, consultants, advisers, partners, affiliates, publishers, advertisers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of Your use of the Services or Products, Your violation of any terms or conditions of this Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity.
15. Legal Disclaimers
This website may contain simulated imagery, manipulated graphics and visually exaggerated advertising materials. Any such content is strictly for illustrative purposes and We cannot guarantee similar results.
Minerals, salts and mud from the Dead Sea have been found effective in the treatment of psoriasis and other skin disorders. However, none of our services or products are intended to diagnose, treat, cure or prevent any diseases. If you have a serious skin condition, immediately consult with a dermatologist or see your family doctor.
No statement or information found on this on this page has not been evaluated by the United States Food and Drug Administration. In the event that You use any information found on Our website without a licensed medical practitioner's approval, You will be diagnosing for Yourself. No responsibility is assumed by Us, the author, publishers or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
We are not affiliated in any way with any third party brands that may be represented on Our website for illustrative purposes. They are all registered trademarks of their respective owners.
16. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You can contact us 24/7 by calling our customer support telephone number, writing us an email or using the contact form on this website.
We may contact you via email or telephone. From time to time, We may have the obligation to send You important updates regarding your membership status, notifications prior to the expiration of trial periods, introductory or promotional activities that You may have enrolled in, et cetera. These notifications can be found once you have logged in your account profile. We will send You a reminder for every new message to the email address you have provided upon enrolment, unless You have unsubscribed. You assume responsibility to regularly check your email for new messages, including spam and junk folders.
18. Complete Agreement
This Agreement, including any documents that are incorporated by reference, constitutes the entire Agreement between the parties with respect to Your use of the Services and Products. This Agreement supersedes and replaces any and all prior understandings or agreements, written or oral, regarding such subject matter.
19. Governing Law
This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of Slovakia, without regard to conflict or conflict of law principles.
20. Surviving Sections
All provisions of this Agreement that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnity, governing law, and the general provisions.
The section titles in this Agreement and the order in which they appear are for convenience only and have no legal or contractual effect.
If you have any questions or comments with regards to this set of T&C’s, please contact us by email at firstname.lastname@example.org, or call us at +1-646-693-8934 (U.S. and Canada) or +44-20-3150-1205 (U.K. and EU)..