LU BEAUTY Terms and Conditions

Please read these Terms and Conditions (hereafter "Terms" or "Terms and Conditions") carefully before using or purchasing from the LU Beauty.com.au website (hereafter "Site", “Website” or “the Website”)  or interacting with the purchasing system, customer support or other services (hereafter “the Service” or “Service”) operated by LU Beauty (hereafter "us", "we", or "our").

Your access to and use of the Website and Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and Customers (hereafter “you”, “them”, or “they”) who:

• access the images, photos, audio, video and other forms of data or communication (hereafter “Content”);
• use the Service;
• and purchase store products, personalized or customized products (hereafter “Products”) from LU Beauty via the LU Beauty.com.au website, over the phone, email, in person or through any other means whether electronic, digital or otherwise.

By accessing or using the Website, Service, or by purchasing Products you agree to be bound by these Terms and our Privacy Policy which can be found here. If you disagree with any part of the terms then you may not access the Website or Service.

Returns Policy: Custom-made items

Eligibility

To be eligible to use this Website you must be at least 18 years old. If you use LU Beauty.com.au on behalf of a company, entity, or organisation, you must be an authorized representative with the authority to bind it to these Terms and Conditions (which authority you hereby exercise).

Changes to these Terms and Conditions

We may modify the Terms and Conditions from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms and Conditions on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. Your continued use of this Website after any posted modification to the Terms and Conditions indicates your acceptance of the modification.

Website Availability

We reserve the right to modify, update, or discontinue LU Beauty.com.au at our sole discretion, at any time, for any or no reason, and without notice or liability.

Product Availability

LU Beauty Products are made to order. This includes the Products in the Website shop section. We aim to deliver Your Product within 3-5 weeks for standard orders and within 2-3 weeks for rush orders. We will make every effort to ensure your purchased Product reaches you within the stated timeframe but we make no guarantees as issues can arise that are outside of our control.

Purchases

If you wish to purchase any Product or make use of any Service made available through this Website, you may be asked to supply certain relevant information including, but not limited to, your name, email address, delivery address and payment information. For full information on what information we collect and how we use it please see our Privacy Policy.

LU Beauty reserves the right to change our prices at any time.

LU Beauty reserves the right to refuse or cancel certain orders at our sole discretion. You will be informed of any such refusal or cancellation within a reasonable timeframe, and a reason for the refusal or cancellation will be provided.

Returns & Refunds

LU Beauty offers returns and refunds for Store Products only. Store Products are Products that are purchased directly through the Shop section of our Website without any customisation or personification.

Customised and personalised Products are not eligible for returns or refunds.

For all Store Products we offer a return and refund policy with the following conditions:

• All Products must be unopened and in their original condition.
• The return must be within 28 days of purchase.

Return shipping costs:

• If your Product is faulty LU Beauty will cover the cost of the return shipping.
• If the Product is not faulty and you have simply changed your mind regarding the purchase, return shipping will be at your own cost.

Warranty

Resolution for faulty products will be dependent on the source of the fault and will be determined between LU Beauty and You, the purchaser. LU Beauty will either fix, replace or refund the product.

Rights

The content, trademarks, artwork and Products for sale on https://lubeauty com.au/ are the exclusive property of LU Beauty.

You acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Website and Service, including without limitation, any products designed and/or built in connection with the Service, together with any image, design, proof or other representation or of products produced by LU Beauty in connection with the Service shall remain solely with LU Beauty, unless expressly agreed otherwise, in writing, by LU Beauty.

You agree not to reproduce, duplicate, copy, or exploit any portion of the Product, use of the Service or Products, or access to the Service or Products, without express written permission by us.

As part of our Terms and Conditions, our customers warrant that they have appropriate intellectual property rights in any content they create or upload to our servers. Moreover, our customers agree to indemnify and hold harmless LU Beauty for all liability resulting from any breach of warranties including the aforementioned intellectual property warranty.

Use of lubeauty.com.au

We grant you permission to use this Website subject to the restrictions in these Terms and Condition

Restrictions on Use

You agree that you will not, and will not assist or enable others to:

•  use LU Beauty.com.au to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of LU Beauty.com.au;
• use LU Beauty.com.au to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
• use LU Beauty.com.au for promotional or commercial purposes, except as expressly allowed in writing by LU Beauty.com.au;
• use LU Beauty.com.au in a manner that may create a conflict of interest;
• use LU Beauty.com.au to promote bigotry or discrimination against protected classes;
• use LU Beauty.com.au to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• use LU Beauty.com.au to create or promote pornography or illegal content;
• use LU Beauty.com.au in violation of the Terms and Conditions or any applicable law;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit LU Beauty’s Products or LU Beauty.com.au Content, except as expressly authorised by LU Beauty;
• reverse engineer any portion of LU Beauty.com.au , except as may be permitted under the law;
• remove or modify any copyright, trademark or other proprietary rights notice on LU Beauty.com.au or on any materials printed or copied off of LU Beauty.com.au
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index LU Beauty.com.au or any LU Beauty.com.au Content without permission from LU Beauty.com.au;
• reformat or frame any portion of LU Beauty.com.au;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on LU Beauty.com.au's technology infrastructure;
• attempt to gain unauthorized access to LU Beauty.com.au, user accounts, computer systems or networks connected to LU Beauty.com.au through hacking, password mining or any other means;
• use LU Beauty.com.au or any LU Beauty.com.au Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
• use any device, software or routine that interferes with the proper working of LU Beauty.com.au, or otherwise attempt to interfere with the proper working of LU Beauty.com.au; make excessive traffic demands;
• use LU Beauty.com.au to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, LU Beauty.com.au or LU Beauty.com.au Content;
• remove, circumvent, disable, damage or otherwise interfere with any security-related features of LU Beauty.com.au, features that prevent or restrict the use or copying of LU Beauty.com.au Content, or features that enforce limitations on the use of LU Beauty.com.au.

Third Parties

LU Beauty.com.au may include content from and/or links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind us in any respect whatsoever.

We may provide you with notices, including those regarding changes to the Terms and Conditions by email, regular mail or postings on LU Beauty.com.au.

The Terms and Conditions contain the entire agreement between you and us regarding the use of LU Beauty.com.au, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions.

Any failure on our part to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.

The Terms and Conditions are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms and Conditions shall be void.

The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

Warranties, Disclaimers, and Limitations of Liability

LU Beauty.com.au AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. LU Beauty MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF LU Beauty.com.au, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF LU Beauty.com.au CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH LU Beauty.com.au OR SITE CONTENT. LU Beauty FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM LU Beauty OR LU Beauty.com.au SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

LU Beauty DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF LU Beauty OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Last updated: February 5, 2020