Lush Hues’s (“Lush Hues” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders the Lush Hues website. We recommend you should keep a copy of the TOS for future reference.
SKB Petrocare is a trading name of Lush Hues Care, a company registered in Mumbai. Our registered address is 607, Swastik Disa Business Park, Behind Vadhani Industrial Estate, Near Shreyas Talkies, L.B.S Marg, Ghatkopar (West), Mumbai – 400086.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18 you must let your parent or guardian know about Lush Hues’s privacy policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 holding a valid bank account.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Registration
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address support@LushHues.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Lush Hues immediately of any breach of security or unauthorised use of your account.
Please refer to our Privacy Policy for information about how we use your data.
Eligibility to purchase
In order to make purchases on the Lush Hues website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The website is available only to individuals and others who meet the Lush Hues terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Lush Hues, whose applications are acceptable to Lush Hues and who have authorised Lush Hues to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Lush Hues reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Lush Hues feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
Orders
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Lush Hues offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the website. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Lush Hues will store a record of your transactions for a minimum of one year
Pricing Policy
Prices shown on the Site are in Indian Rupees (“INR”) and are inclusive of GST at the applicable rate.
All prices and offers remain valid as advertised from time to time. The INR price of a product displayed on the website at the time the order is accepted will be honoured, except in cases of patent error.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is not denominated in INR, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
The acceptance of your order and completion of the contract between you and Lush Hues will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in India and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Lush Hues.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment
We accept Visa, mastercard and American Express cards, and any other methods which may be clearly advertised on the website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Lush Hues. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Lush Hues, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayUMoney a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Lush Hues user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, Lush Hues uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Promotion Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Insurance and Delivery
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to your designated post office.
Lush Hues insures each purchase during the time it is in transit until it is delivered to your specified post office. At the point of delivery to the post office responsibility for your purchased goods passes to you.
When you are returning an item to Lush Hues, the responsibility for each time will rest with you. At the point of the item reaching Lush Hues responsibility for your purchased goods passes to Lush Hues.
Please note that we aim to dispatch all orders within 2 working days. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. Lush Hues is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Lush Hues Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Lush Hues and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website. Lush Hues tries to ensure that the information on this site is accurate and complete. Lush Hues does not promise that Lush Hues’s Content is accurate or error-free. Lush Hues does not promise that the functional aspects of the Site or Lush Hues’s Content will be error free or that this Site, Lush Hues Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Lush Hues and we accept no responsibility for any such views expressed in any media.
No commercial use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Your activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than Lush Hues, including advertisers. Lush Hues has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources
Limits on our liablity
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
Compensation
At our request, you agree to compensate us fully, defend us, and hold us Lush Hues harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
Our relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Lush Hues as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Lush Hues, and we shall not be liable for any representation, act, or omission on your part.
No waiver
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
Complaints and governing law
If you have a complaint about us email on online@Lush Huescare.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to Indian law and the relevant courts of New Delhi will have exclusive jurisdiction
Accuracy of information
We attempt to be as accurate as possible when describing our products on the Site. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
The quality of any products, services, information, or other material purchased or obtained by you through the Site may not meet your expectations.
You understand that all the products sold through the Site are locally sourced and hand-made with the intent of promoting a zero waste lifestyle without compromising quality. Therefore, you expressly acknowledge that there may be variations in the products due to certain factors including but not limited to climatic conditions, seasonal changes, traditional processes etc.
Your obligations and responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Website Provider, our partners or any other person/entity that we work with.
You will not host, display, upload, modify, publish, transmit, update or share any information that:
1. belongs to another person and to which you do not have any proprietary right;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonates another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
We retain the right to remove from the Site any content that contravenes any of the above conditions.
Suggestions
Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Suggestions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Suggestion, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Suggestion in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Suggestion in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Suggestion within or in connection with our products or services. You also acknowledge that your Suggestion will not be returned and we may use your Suggestion, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Suggestion, you represent and warrant that you own or otherwise control the rights to your Suggestion. You further represent and warrant that such Suggestion does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Suggestion. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Suggestion or any damages arising from any Suggestion.
Representations, Warranties and Limitation of Liability
The Site is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement, delivery, refund or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
Lush Hues’ personal and home care products are based on natural formulations. Our products contain components from natural nuts, seeds and fruits. If you have any allergies please read the product label carefully. We recommend that people with sensitive skin perform a patch test first to ensure there is no reaction.
Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal and home care products that you may be allergic to. You agree that the Website Provider will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. If any allergy or discomfort occurs upon the use of any product, please discontinue use immediately and consult a medical professional.
Products sold by us on the Site make no claim to diagnose, cure, mitigate, prevent or treat any disease or medical problem and is not intended to substitute other therapy or medical advice. In the case of pregnancy , nursing or illness , or if taking medications , please consult with your health care professional before using our products.
In no event will we be liable for any DIRECT, indirect, special, punitive, EXEMPLARY, incidental, or consequential damages of any kind (including lost profits, LOSS OF REPUTATION) related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.
Severability
If any provision of the Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.
Use Outside India
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside India or that the Site complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Site from territories where the content is deemed illegal is prohibited. Access to the Site from locations outside India shall be at your own initiative and you are responsible for compliance with local laws.