terms of use

These terms and conditons of use (the "terms") set forth the terms on which Lushclothing.com, operated by Lush Clothing (the "company," "we," "our" or "us") provides you access to this web site (Lushclothing.com) and our services. Read the following terms and conditions carefully before using this web site. By using or accessing this web site, you acknowledge that you have read these terms of use ("agreement"), and that you accept and will be bound by the agreement. If you do not agree to these terms, you may not access or otherwise use Lushclothing.com.

Eligibility

This portion of our website is only accessible to retailers. You must have a valid seller's permit, and you must have a retail clothing business in order to be able to purchase goods from us. By registering in Lushclothing.com you warrant and agree that you have a valid reseller's permit, a retail clothing business that is in operation, and that you intend to abide by all the terms of use under this agreement.

User Responsibilities

By the terms and conditions of this agreement as a registered member, you must agree not to:

  • Use this website for unlawful purposes in any manner or way
  • Misrepresent one's self or impersonate another, for the purpose of registering in Lushclothing.com
  • Attempt to unlawfully access any account, images, or other content that is being granted to you by accessing this site
  • Disclose your password to, share your password with, any third parties. You may not use your password for any unauthorized purpose

Shipping Information

All orders will ship out via UPS only. All orders will be shipped via UPS Ground unless specified otherwise. Shipping charges are to be determined, and we calculate your shipping charges only after the package is sealed and weighed. Please note that 3-Day Select, 2nd Day Air, and Next Day Air service are more costly, thus Lush cannot be held responsible if shipping charges are higher than what the buyer anticipated. If unsure about a particular shipping method, please confirm with a Lush sales representative and we will gladly assist you. All shipments must be made to a valid address, as we do not ship to PO Boxes.

All orders placed by 12:00pm PST will be shipped out the same day. Orders placed after 12:00pm PST will ship out on the following business day. We ship from Monday through Friday, excluding holidays. All orders placed after 12:00pm PST on Fridays, will ship out on Monday or the following business day if Monday is a holiday. There may be more restrictions on shipping dates during the end of the year around the holidays.

Payment Information

All orders must be paid prior to shipping, unless buyer opts to pay by COD. We only accept payment via credit card or money order/cashier's check. When paying by credit card, buyer must fill out a credit card authorization form, and either fax it to us or email it to us. We must have your authorization IN WRITING. We will not accept credit card numbers over the phone.

Returns

If you are not satisfied with our merchandise, you may return it for credit, or for a refund. All returns must be made within 15 days of purchase. All refunds will be made either by company check or credit card. If a refund is issued to your credit card, it must be the same credit card that was used for the original purchase. We cannot issue refunds to different credit card numbers.

Damages/Shortages

Please notify us within 24 hours of receiving your package if there are any shortages or damages. You are responsible for making claims within a timely manner. If there are any damages or shortages, please call us and a sales representative will assist you. Depending on the situation, we may be able to send you a replacement or we can issue a credit. We may not be able to assist you if your claim is not made within a timely manner.

Discrepancies

The online catalog is to be used as a reference guide and does not always reflect the accuracy, pricing, availability or stocking status of inventory. Although the majority of the data in the catalog is correct, there can be discrepancies in style numbers, colors, descriptions, pricing, and availability.

We cannot guarantee that the colors that you see on the screen will be the same as the the actual goods that you may receive. We do our best to represent our goods as accurately as possible, however depending on the settings of your computer monitor, colors may appear differently than they actually are.

We reserve the right to make changes to style numbers, colors, and pricing.

Cancellation Policy

All cancellations must be made in writing via email or fax. If order is placed before 12:00pm PST, we must receive the cancellation notice on the same day by 12:00pm PST. If order is placed after 12:00pm PST, we must receive the cancellation notice by 12:00pm PST on the following business day. If we receive the cancellation notice after the goods have been shipped, buyer may return the package to Lush. However, if buyer does not submit cancellation notice before the designated cancellation time, Lush cannot refund buyer the shipping charges.

Privacy Policy

Your privacy is very important to Lush and we understand that privacy concerns are very important to our customers. We are committed to protecting your personal privacy and we will never sell or distribute your private and personal information to any other parties. We follow strict procedures to ensure the protection of your personal information. Your information is only accessible to our authorized staff who are committed to keeping your private information secure.

Miscellaneous

We may terminate user access or suspend any user's access to all or part of Lushclothing.com without notice for any conduct that we, in our sole discretion, believe violates any applicable law or is harmful to us, or if such party is found to have engaged in fraudulent activity in connection with Lushclothing.com.

The services provided for you on Lushclothing.com are available only to individuals who can form legally binding contracts under applicable law. We may refuse our services to anyone at any time in our sole and absolute discretion.

We reserve the right to make changes to the terms of use at any time without prior notice.

Disclaimers

Buyer shall indemnify, defend and hold harmless Lush Clothing, its officers, directors, owners, partners, agents and employees from any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees and paralegal fees) that we may sustain or incur, arising form or out o a respective:

  1. Buyer's failure to comply with any applicable laws and/or regulations;
  2. Buyer's breach of any of its obligations set forth in these terms;
  3. Buyer's use of Lushclothing.com