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LUSH WALLET NA Terms and Conditions

    LUSH WALLET - North America Terms and Conditions

    1. About these terms

    1.1 What these terms cover. These are the terms and conditions (“Lush Wallet Terms”) that govern our digital store credit wallet in the United States and Canada  (“Lush Wallet”). 

    1.2 Why you should read them. Please read these terms carefully before you activate a Lush Wallet. They tell you who we are, how Lush Wallet works, how we may change or end the Lush Wallet feature, and other important information. By accessing and/or using the Lush Wallet feature, you agree to these Lush Wallet Terms. You also acknowledge that our Privacy Notice https://www.lush.com/ca/en_ca/faq/ca-privacy-policy in Canada and https://www.lush.com/us/en_us/faq/usa-privacy-policy in the United States will apply to our use of your personal data in relation to the Lush Wallet.

    1.3 Additional terms. Additional terms and conditions may apply to certain special offers (each a “Promotion”) available to users of Lush Wallet. Any such additional terms and conditions will be posted on our website or made available in-store (as applicable), together with the details of the relevant Promotion. Please make sure you read them carefully.

    2. Information about us and how we may contact each other

    2.1 Who we are. We are Lush Handmade Cosmetics Ltd., a company registered in British Columbia with a registered office at 35 Jutland Road, Toronto, Ontario, Canada M8Z 2G6.

    2.2 How to contact us. You can find the Customer Care details for Canada here: https://www.lush.com/ca/en_ca/faq/ca-contact-us and the United States here: https://www.lush.com/us/en_us/faq/usa-contact-us

    2.3 How we may contact you. We may contact you using the email address that you provided to us when you registered for your Lush Account (or using any other contact details you may have provided to us since then). You must notify us of any changes to your contact details.

    3. Eligibility for Lush Accounts and Lush Wallet

    3.1 Who is eligible to register for a Lush Account. To be eligible for a Lush Account you must:

    a. be resident in Canada or the United States (each a “Territory”);

    b. be at least 18 years of age (or, if the legal age of majority is greater in the state or province/territory in which you are a resident, have reached the age of majority); and

    c. have a valid email address.

    3.2 Who is eligible to register for Lush Wallet? To be eligible to activate a Lush Wallet you must have an active Lush Account, and Lush Wallet must be a feature available in your territory.

    3.3 Our discretion to refuse membership. We may refuse an application for a Lush Wallet for any reason, at our absolute discretion. 

    3.4 Multiple accounts. You can only have one Lush Account (and one associated Lush Wallet) per person. We may merge, refuse or close additional Lush Accounts held by the same person at any time. We reserve the right to monitor the number of Lush Accounts in any household, and to cancel any Lush Accounts where we have reason to suspect duplicate Lush Accounts are held by the same person (if we cancel or merge any Lush Accounts the holder of the Lush Account(s) that we have canceled and/ or merged may forfeit any accrued benefits).

    3.5 Personal use only. Lush Wallet features are for personal use only. We reserve the right at any time to determine whether you are acting in a personal capacity or on behalf of a business. If we determine that you are using the Lush Wallet feature for business purposes we may cancel your North America Lush Account and your associated Lush Wallet and you will forfeit any accrued benefits.

    Lush ACCOUNT

    4. Lush Account Terms

    4.1 How to register for your Lush Account. Provided you meet the eligibility criteria set out in section 3.1 above, you can register for a Lush Account by visiting the “My Lush Account” page on https://www.lush.com/ca/en_ca in Canada or https://www.lush.com/us/en_us in the United States  or on the Lush app and completing the “sign up” section of the page. You must provide us with your full name, a valid email address, and any other information that we indicate that we require during the registration process.

    4.2 You must keep your information up to date. It is important that you keep your information up to date so that (among other things) we can monitor your Lush Account eligibility. It is therefore your responsibility to make sure that any information that you are required to provide to us when you register for your Lush Account is true, accurate, current and complete in all respects, and you acknowledge that we provide you with the Lush Account on the basis of that information. You must also promptly notify us of any changes to that information by updating the details on your Lush Account.

    4.3 Passwords and security. You will need to set up a password and username when you register for your Lush Account. You should not disclose your password or username to anyone else and you are solely responsible for keeping your Lush Account information confidential. You must take care to prevent misuse of your Lush Account and ensure that no one else has access to your Lush Account. You agree to notify us immediately of any unauthorized use of your Lush Account or any other breach of security related to your Lush Account.

    4.4 Losses as a result of misuse or unauthorized access of your Lush Account. We will not be liable for losses incurred as a result of any misuse or unauthorized use of your password or your Lush Account (including, to avoid doubt, the spending of any of your Lush Wallet Credit balance, if applicable).

    4.5 Online access. Our Lush Accounts are administered online only. You must maintain a valid email address to use your Lush Account and you must have internet access to access your Lush Account. You are solely responsible for ensuring that you maintain access to the valid email address used to set up your Lush Account (and, if applicable, to which your Lush Wallet will be linked).

    4.4 Canceling your Lush Account: You may delete your Lush Account at any time through My Account at the website www.lush.com or by contacting Lush Customer Care for Canada here: https://www.lush.com/ca/en_ca/faq/ca-contact-us and the United States here: https://www.lush.com/us/en_us/faq/usa-contact-us.  Please note that by canceling your Lush Account you will no longer be able to access your Lush Wallet (this means you will lose your Lush Wallet Credit (see section 11.1); and you will only be able to use the guest checkout option when shopping online. 

    Lush WALLET

    5. Lush Wallet Credit

    5.1 Activating the Lush Wallet feature. You can activate the Lush Wallet feature in your Lush Account, if you hold a North America Lush Account in a Territory where the Lush Wallet feature is available. Lush Wallet will be valid for the currency linked to your Lush Account. If you subsequently change your country of residence linked to your Lush Account, you must ensure the fund balance of your Lush Wallet is cleared as Lush will not transfer the balance into a new Lush Wallet. Lush does not charge any fees for the activation, access, and use of your Lush Wallet. 

    a. Existing Lush Account holders: Go to the Lush App and click on “Lush Club”, then “Wallet” and verify your email address. You must accept these Lush Wallet Terms and the Lush Privacy Policy in order to activate Lush Wallet. 

    b. New Lush Account holders: If you do not already have a Lush Account, you will need to download the Lush App and Create a Lush Account. See section 4.1. Once the Lush Account is verified you can follow the steps above to activate the Lush Wallet feature. 

    5.2 How Lush Wallet Credit Works. Subject to the rest of this section 5 (which sets out how you can gain Lush Wallet Credit), you can increase your Lush Wallet Credit balance by carrying out certain activities, by participating in certain promotions,  by purchasing Lush Wallet Credit with one of our accepted payment methods, or by purchasing Lush Wallet Credit with Lush e-giftcards, Lush physical gift cards or LushSpa vouchers. To view the balance in your Lush Wallet visit your Lush Account on the Lush website or in the Lush App.

    5.3 Collecting Lush Wallet Credit by carrying out certain activities. You will have the option to have your Bring It Back program reward added to your Lush Wallet balance as Lush Wallet Credit, and we will do this for you in-store. You will need to ensure that you are able to access your Lush Account while you are in-store to have the Bring It Back program reward added to your Lush Wallet balance as Lush Wallet Credit. If you have reached your Lush Wallet balance limit of $500 at the time of participating in the Bring It Back program, you will not be able to have your Bring It Back program reward added to your Lush Wallet balance. Please note that there may be a short delay in such reward Lush Wallet Credit displaying in your Lush Wallet balance. Please see the Bring It Back Program Policy for more information on how this program operates: https://www.lush.com/ca/en_ca/a/bring-it-back-packaging-recycling-scheme-terms-conditions in Canada and https://www.lush.com/us/en_us/a/bring-it-back-packaging-recycling-scheme-terms-conditions in the United States.

    5.4 Promotional Lush Wallet Credit.

    a. From time to time we may give you promotional Lush Wallet Credit for participating in certain promotional activities. Where we do so, we will automatically apply the promotional Lush Wallet Credit to your Lush Wallet (if you have opted to activate a Lush Wallet).

    b. We will notify you of any promotional credit that we are offering on our website or in-store and may also refer to it in our Lush Wallet marketing communications. Please note that additional terms and conditions may apply to such promotion, which will be made available to you. 

    c. If you have reached your Lush Wallet balance limit of $500 USD or CAD (depending on your Territory of residence) at the time of participating in a promotional activity, you will not earn additional Lush Wallet Credit.     

    d. Lush Wallet Credit awarded at the time of participating in certain promotional activities may be removed or canceled if Lush determines that the credit was collected in breach of these terms and conditions or was awarded in error.

    e. Please note that there may be a short delay in such promotional Lush Wallet Credit displaying in your Lush Wallet balance. 

    5.5 Using Lush Gift Cards to purchase Lush Wallet Credit. You may purchase additional Lush Wallet Credit using Lush gift cards (which includes Lush e-gift cards, Lush physical gift cards or Lush Spa vouchers) in the currency of your Lush Wallet. For example, you can purchase Lush Wallet Credit using a Lush gift card purchased in Canada or the United States if your Lush Account that is associated with your Lush Wallet is linked to a Canada or United States address. You can only add the full value of a Lush gift card to your Lush Wallet (and not a partial amount). If the balance of your Lush gift card is more than $500 USD or CAD (depending on your Territory of residence) then you will not be able to purchase Lush Wallet Credit with that Lush gift card until the balance falls below $500 USD or CAD. You can do this through your Lush Account by tapping the “Add” button in your Lush Wallet and selecting “Gift Card / Voucher” as the payment method. We will charge you for the Lush Wallet Credit once you have tapped the “Add money” button in your Lush Wallet. Once you have purchased Lush Wallet Credit using your Lush gift card purchased in Canada or the United States, the gift card will be redeemed and will show as a balance in your Lush Wallet. You cannot use expired gift cards to purchase Lush Wallet Credit. Please note that there may be a short delay in the purchase of Lush Wallet Credit displaying in your Lush Wallet balance. All purchases of Lush Wallet Credit made using a Lush gift card will be subject to the Lush gift card terms and conditions: https://www.lush.com/ca/en_ca/faq/na-gift-card-terms-and-conditions in Canada and https://www.lush.com/us/en_us/faq/na-gift-card-terms-and-conditions in the United States

    5.6 Using other accepted payment methods to purchase Lush Wallet Credit. You may purchase additional Lush Wallet Credit using the payment methods available in your territory, which will be displayed in your Lush Wallet. You can do this through your Lush Account by tapping on the “Add” button in your Lush Wallet and selecting the payment method you wish to use. We will charge you for the Lush Wallet Credit once you have tapped the “Add money” button in your Lush Wallet. Once you have purchased Lush Wallet Credit using your chosen payment method, the Lush Wallet Credit will show as a balance in your Lush Wallet. Please note that there may be a short delay in the purchase of Lush Wallet Credit displaying in your Lush Wallet balance.

    5.7 Spending Lush Wallet Credit: 

    a. You can apply Lush Wallet Credit towards the cost of purchase of eligible Lush products and Lush services that are offered in the same currency as your Lush Wallet via the Lush app or in Lush stores in Canada or the United States, depending on your Territory of residence. For the avoidance of doubt, this excludes the Lush HairLab. You can choose whether to pay for purchases using Lush Wallet Credit in part or full. Your unused Lush Wallet Credit after each purchase will be held in your Lush Wallet. 

    b. Lush Wallet Credit cannot be used towards the cost of purchase of a product that is not a Lush product (e.g. products available in a Lush store as part of a concession). 

    c. We will not exchange Lush Wallet Credit for cash, except where required by applicable law, and Lush Wallet Credit cannot be transferred to another person.   

    d. Lush Wallet Credit does not have an expiry date.

    e. From time to time we may determine that Lush Wallet Credit cannot be used towards purchases of certain products or during certain promotional campaigns, for example on new or limited release products, or when we are offering sales promotions on our store. We will make any such restrictions clear on our website or in-store, as applicable.

    f. All purchases made using Lush Wallet Credit will be subject to the Lush Terms of Use, found at:https://www.lush.com/ca/en_ca/faq/ca-terms-of-use in Canada and https://www.lush.com/us/en_us/faq/usa-terms-of-use in the United States.

    6. Returning Purchases

    a. If you return a purchase that you paid for in part or in full using Lush Wallet Credit, the return of that purchase will be subject to the Lush Refunds Policy for Canada: https://www.lush.com/ca/en_ca/faq/ca-returns-and-refunds and the Lush Refunds Policy for the United States: https://www.lush.com/us/en_us/faq/usa-returns-and-refunds

    b. If a product is eligible for return, we will credit your Lush Wallet with the amount of Lush Wallet Credit you applied towards the purchase. We will not refund you with cash for the portion of the purchase that you paid for using Lush Wallet Credit. 

    c. Use of Lush Wallet as a payment method will not affect your statutory rights if you are issued a refund. Please refer to the Lush Refunds Policy for Canada: https://www.lush.com/ca/en_ca/faq/ca-returns-and-refunds and the Lush Refunds Policy for the United States: https://www.lush.com/us/en_us/faq/usa-returns-and-refunds.

    d. If you return a purchase you paid for in part or in full using Lush Wallet Credit and the purchase of that product entitled you to any promotional rewards or benefits, such promotional rewards or benefits earned with that purchase will be removed from your Lush Account. If a promotional reward or benefit was issued because your original total order value reached a “qualifying threshold” and, in returning an item(s) from that order, your order’s total value falls below the “qualifying threshold”, any promotional rewards or benefits earned with that purchase will be removed from your Lush Account. 

    7. Lush Wallet Balance

    7.1 Lush Wallet Credit Limit: The Lush Wallet Credit held in Lush Wallet may not exceed $500 USD or CAD depending on your Territory of residence.

    7.2 Spending Limit: You may not spend more than $500 USD or CAD depending on your Territory from your Lush Wallet in one day. 

    7.3 Checking your Lush Wallet Credit Balance: Lush Wallet users are not sent statements of itemized transactions from a Lush Wallet Account. You can check the balance of your Lush Wallet on the Lush app or by logging into your Lush Account. You can review recent transactions on your Lush Wallet via the Lush app only. If you need help checking your Lush Wallet Credit balance or recent transactions you can contact in Canada here: https://www.lush.com/ca/en_ca/faq/ca-contact-us and in the United States here: https://www.lush.com/us/en_us/faq/usa-contact-us 

    8. Access to Lush Wallet Credit. IMPORTANT NOTICE: YOUR ENTITLEMENT TO ACCESS YOUR LUSH WALLET CREDIT EXPIRES UPON TERMINATION OF THE Lush WALLET SERVICE. Lush SHALL PROVIDE AT LEAST 6 MONTHS’ NOTICE PRIOR TO THE TERMINATION OF THE Lush WALLET SERVICE. SEE SECTION 11 BELOW FOR FURTHER DETAILS.

    ADDITIONAL TERMS APPLICABLE TO LUSH WALLET

    9. Policies

    9.1 No monetary value. Lush Wallet Credit has no monetary value and cannot under any circumstances be redeemed or exchanged for cash or form the basis of a monetary claim against us or our affiliates. Lush Wallet Credit does not accrue interest, dividends or any other earnings. No credit card, credit line, overdraft protection or deposit account is associated with your Lush Wallet.

    9.2 The accumulation of Lush Wallet Credit does not entitle you to any vested rights and does not mean that you can rely on the continued availability of any reward, benefit or Lush Wallet Credit. Lush Wallet Credit and the other benefits, privileges and rewards of your Lush Account and Lush Wallet are personal to you and cannot be assigned, traded, bartered, willed, exchanged for cash, or otherwise transferred.

    9.3 Unauthorized Transactions. You agree to notify Lush immediately of any unauthorized use or theft of your Lush Wallet or Lush Wallet Credit or any other breach of security (and to provide properly documented evidence as reasonably requested by us). Lush will not be liable for any loss that you may incur as a result of someone else using your Lush Wallet, either with or without your knowledge, because of your fault. However, you will be liable for losses incurred by Lush or another party due to someone else using your Lush Wallet because of your fault. We reserve the right to correct the balance of your Lush Wallet if a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Lush Wallet, please contact Customer Care in Canada here: https://www.lush.com/ca/en_ca/faq/ca-contact-us and in the United States here: https://www.lush.com/us/en_us/faq/usa-contact-us. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. You shall notify us of any billing error within 60 days of the date of the transaction in question.

    9.4 Fraud and Account Suspension and Cancelation. Lush reserves the right to close customer accounts and request alternative forms of payment if Lush suspects a Lush Wallet was fraudulently activated, loaded, accessed or used to make a purchase. If you dispute any suspension and/or cancellation that has been applied to your customer account for the reasons stated in this section, please contact Customer Care in Canada here: https://www.lush.com/ca/en_ca/faq/ca-contact-us and in the United States here: https://www.lush.com/us/en_us/faq/usa-contact-us.

    10. Availability of features. FROM TIME TO TIME YOUR LUSH ACCOUNT, AND/OR THE LUSH WALLET MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO OBTAIN INFORMATION ABOUT THE BALANCE OF YOUR LUSH WALLET OR USE YOUR Lush WALLET TO PAY FOR PURCHASES. PLEASE NOTIFY US IF YOU HAVE ANY PROBLEMS USING YOUR LUSH WALLET.

    11. Termination

    11.1 Closing Your Lush Wallet: You can close your Lush Account (and/or close your Lush Wallet) at any time by contacting us via email at [email protected], or by selecting the option to close your Lush Wallet on the Lush app and following the instructions provided.  In the event that you decide to close your Lush Wallet, it is your sole responsibility to ensure that you spend your Lush Wallet Credit or request a Lush gift card prior to closing your Lush Wallet. You may purchase a Lush gift card with your Lush Wallet Credit in-store, online or by contacting Lush Customer Care (as above), to allow yourself more time to spend the balance. This will be subject to the Lush gift card terms and conditions, found at: https://www.lush.com/us/en_us/faq/na-gift-card-terms-and-conditions & https://www.lush.com/ca/en_ca/faq/na-gift-card-terms-and-conditions.

    11.2 We may close your Lush Account (and thereby your use of Lush Wallet) immediately without notice at any time in our absolute discretion for any reason whatsoever, including if we decide to close the Lush Wallet service; however, where possible we will give you at least six months’ notice of our decision to close your Lush Wallet or, where this is not possible, we will give such notice as is reasonable to enable you to purchase a Lush gift card with your Lush Wallet Credit. In the event that you are notified by us that we will be closing your Lush Wallet, it will be your sole responsibility to ensure that you spend your Lush Wallet credit or request a Lush gift card prior to the closing date notified to you. 

    11.3 Without prejudice to our general right to close your Lush Account at any time, if we suspect you to be acting in breach of these Lush Wallet Terms (for example, if we determine that you are using the Lush Wallet for business purposes or if we have reason to suspect duplicate Lush Wallets are held by the same person) or using your Lush Account in a fraudulent manner or for unlawful purposes, we may terminate your Lush Account immediately and without notice.

    11.4 Once your Lush Account is closed (whether by you or by us) any accrued but unused Lush Wallet Credit will be forfeited and canceled as permitted by law. You will not be entitled to any cash compensation for the forfeited Lush Wallet Credit, and the Lush Wallet Credit will not be reinstated if you subsequently reopen a new Lush Account.

    12. Data protection

    12.1 Our privacy policy. Any personal information that we collect through Lush Wallet will be processed in accordance with our privacy policy for the relevant territory which can be found at the links below. In addition, we may use personal information that we collect through your Lush Account and Lush Wallet to: 

    a. administer your Lush Account and the Lush Wallet feature; and

    b. to assess your eligibility for a Lush Account and/or Lush Wallet.

    13. Marketing communications. When you activate your Lush Wallet, you will have the option to choose whether you wish to sign up to Lush Wallet communications via email. Please be aware that if you choose not to receive Lush Wallet communications, there will be certain information relating to the operation of your Lush Wallet that we may need to provide to you (such as confirming the closure of your Lush Wallet). You can manage your marketing communications at any time by updating your communication preferences in your Lush Account. 

    14. Miscellaneous

    14.1 Website terms and conditions. By registering for a Lush Account you acknowledge and accept our website terms and conditions, which are available here for Canada: https://www.lush.com/ca/en_ca/faq/ca-terms-of-use and here for the United States: https://www.lush.com/us/en_us/faq/usa-terms-of-use and are incorporated by reference into these terms and conditions.

    14.2 Liability. Lush and its group companies and affiliates will not be liable for: 

    a. any system failure or malfunction of the Lush Wallet feature or any consequences thereof. Lush and its group companies and affiliates accept no liability for any loss or damages arising from suspension, variation or termination or in any other way relating to Lush Wallet, except for any liability which cannot be excluded by law, and 

    b. any loss of income, business, goodwill or profits arising out of this agreement; any unauthorized access to or alteration, theft or destruction of your Lush Wallet; the consequences of any delay or mistake relating to the use of your Lush Wallet caused by any circumstances beyond our control; any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care; any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.

    14.3 We are not responsible for delays outside of our control. If our supply of any aspect of the Lush Wallet is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us using the contact information at section 2.

    14.4 We may transfer this agreement to someone else. We may transfer or assign our rights and obligations under these terms to another organization. We will ensure that the transfer or assignment will not affect your rights under these terms.

    14.5 You need our consent to transfer your rights to someone else. You may not transfer or assign your rights or your obligations under these terms.

    14.6 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 

    14.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable that provision, or part-provision, will not form part of these Lush Wallet Terms but the legality, validity and enforceability of the rest of these Lush Wallet Terms will not be affected.

    14.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    14.9 Our right to amend these terms. We sometimes need to update or modify these Lush Wallet Terms. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat, and we will do so by amending these Lush Wallet Terms and posting a notification on our website or emailing you. For participants in Québec, we will provide written notice of any amendment at least 60 days and no more than 90 days before the amendment comes into force. Such notice will include the effective date of the amendment and either (i) the wording of the new clause or (ii) the amended clause and the clause as it read prior to the change. Sometimes we may also have to make more significant changes to the Lush Wallet Terms. This might include for example, changing the ways in which Lush Wallet Credit can be spent. For the more significant changes that may have an adverse impact on you, we will always provide you with notice before we make any such changes and you will have the option to cancel your Lush Wallet before such changes come into force, in which case section 11.1 will apply.

    14.10 Governing law and jurisdiction. These Lush Wallet Terms shall be governed by the laws of British Columbia. Any dispute, claim or controversy arising from or relating to these Lush Wallet Terms or your use of Lush Wallet shall be resolved by the applicable courts in British Columbia unless otherwise stipulated in applicable mandatory laws of your country of residence.

    14.11 Resolving disputes. If you have a complaint relating to these Lush Wallet Terms or our products or services, we will attempt to resolve the complaint using our internal complaints-handling procedure or by alternative dispute resolution options like mediation. 

    14.12 For more information, please see Customer Care for Canada here: https://www.lush.com/ca/en_ca/faq/ca-contact-us  and for the United States here: https://www.lush.com/us/en_us/faq/usa-contact-us. 

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