Terms of service
OVERVIEW
Welcome to LushScalp.
The terms “we”, “us”, and “our” refer to LushScalp. LushScalp operates this online store and website, including all related information, content, features, tools, products, and services made available to you (collectively, the “Services”).
Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service (“Terms”) govern your access to and use of the Services and any purchases made through our store.
By visiting, browsing, interacting with, or purchasing from our website, you agree to these Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies referenced on our website.
Please read these Terms carefully before using the Services.
If you do not agree with these Terms, you should not use the Services.
Nothing in these Terms is intended to exclude, restrict, or otherwise limit any mandatory consumer rights that cannot legally be excluded or limited.
SECTION 1 – ACCESS AND ACCOUNT
You may use the Services only if you have the legal capacity to enter into a binding agreement under the laws applicable to you.
When using our Services or placing an order, you may be required to provide information including your name, email address, billing address, shipping address, telephone number, and payment information.
You agree that the information you provide is accurate, current, and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your login credentials and for activity carried out through your account.
You must notify us promptly if you believe your account has been accessed or used without authorization.
You may not sell, transfer, assign, or otherwise provide your account to another person without our permission.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, specifications, photographs, videos, pricing, and other product information displayed on our website are accurate.
However, product colors and appearance may vary slightly depending on your screen, device settings, lighting conditions, or manufacturing variations.
Such minor differences do not affect any statutory rights you may have if a product is faulty, damaged, materially different from its description, or otherwise does not conform to applicable legal requirements.
Product availability may change without notice.
We reserve the right to modify or discontinue products, product variations, bundles, or promotions where permitted by law.
We may also limit quantities available for purchase where reasonably necessary.
Unless expressly stated otherwise, information about our hair and scalp-care products is provided for general cosmetic and informational purposes.
Individual experiences may vary.
We do not guarantee that any particular customer will achieve a specific cosmetic, hair, or scalp result.
Nothing on our website is intended to replace professional medical advice, diagnosis, or treatment.
SECTION 3 – ORDERS
When you submit an order, you are making an offer to purchase the products contained in that order.
After placing an order, you may receive an automated confirmation acknowledging that we have received your order.
An automated order acknowledgment does not necessarily mean that the order has been accepted.
A purchase contract is formed when we accept your order, for example by confirming that the order has been accepted or dispatched.
We reserve the right to refuse or cancel an order where there is a legitimate reason to do so, including:
- Suspected fraud or unauthorized payment;
- Incorrect or incomplete customer information;
- Product unavailability;
- Obvious pricing or technical errors;
- Restrictions on delivery to the requested destination;
- Violation of these Terms.
If payment has already been taken for an order that we subsequently cannot accept, we will refund the applicable amount using the original payment method.
Please review your order carefully before submitting it.
If you wish to cancel an order, contact us as soon as possible. We will try to accommodate cancellation requests where possible.
Your ability to cancel an order before delivery and your rights after delivery are also subject to applicable consumer law and our Return and Refund Policy.
Nothing in these Terms limits any statutory right of withdrawal or rights relating to faulty, damaged, or non-conforming products.
SECTION 4 – RETURNS, WITHDRAWAL AND SATISFACTION GUARANTEE
Returns and refunds are handled in accordance with our Return and Refund Policy and applicable consumer protection law.
Where applicable, consumers purchasing products online may have a statutory right to withdraw from a distance purchase within the legally prescribed withdrawal period.
Our statutory obligations are separate from any voluntary guarantee that we offer.
LushScalp Pro may also be covered by our voluntary 30-Day Satisfaction Guarantee, subject to the conditions stated in our Return and Refund Policy.
Our voluntary guarantees are provided in addition to statutory consumer rights and do not replace or restrict them.
Opened or used consumable products, including oils, may be excluded from our voluntary 30-Day Satisfaction Guarantee as described in our Return and Refund Policy.
This does not affect any statutory rights that may apply.
SECTION 5 – PRICES, TAXES AND BILLING
Prices, discounts, and promotions displayed on our website may change from time to time.
The price applicable to your purchase will be the price displayed and confirmed when you place your order, subject to the correction of obvious errors in accordance with applicable law.
Where our store provides localized pricing, the currency displayed may depend on your location or selected market.
Applicable taxes, including VAT where required, will be included in or clearly disclosed as part of the price in accordance with applicable law.
Any shipping charges or other mandatory additional costs known to us will be disclosed before you complete your purchase.
Where additional charges cannot reasonably be calculated in advance, we will inform you of the possible existence of such charges where required by law.
If customs duties, import taxes, or other governmental charges may apply to a particular destination, information regarding those possible charges will be provided where required.
You agree to provide accurate, current, and complete billing and payment information.
You represent that you are authorized to use the payment method submitted with your order.
Payments may be processed by Shopify Payments or other third-party payment providers.
Your use of a third-party payment provider may also be subject to that provider's applicable terms and privacy practices.
SECTION 6 – SHIPPING AND DELIVERY
Orders are shipped according to the delivery options and estimated delivery times displayed during checkout or described in our Shipping Policy.
Delivery dates and delivery times are estimates unless expressly stated otherwise.
Delays may occasionally occur due to circumstances including carrier delays, customs processing, severe weather, logistical disruption, or other events outside our reasonable control.
Nothing in this section limits any statutory rights you may have if an order is not delivered within the agreed or legally required period.
Where we arrange delivery of your order, the risk of loss of or damage to the products remains with us until you, or a third party designated by you other than the carrier, take physical possession of the products.
If you independently appoint a carrier that was not offered by us, risk may pass when the goods are delivered to that carrier where permitted by applicable law.
Please ensure that the shipping information provided during checkout is accurate.
If an order cannot be delivered because incorrect or incomplete delivery information was provided, additional delivery costs may apply where permitted by law.
For further information, please refer to our Shipping Policy.
SECTION 7 – PRODUCT DEFECTS AND STATUTORY RIGHTS
Nothing in these Terms limits any statutory rights relating to defective, damaged, unsafe, or non-conforming products.
If you believe that your product is defective, damaged, or does not match the description provided at the time of purchase, please contact us.
Depending on applicable law and the circumstances, you may be entitled to remedies such as repair, replacement, price reduction, refund, or other remedies required by law.
Any commercial or voluntary warranty provided by LushScalp exists in addition to applicable statutory rights.
SECTION 8 – INTELLECTUAL PROPERTY
The Services and their contents, including trademarks, logos, branding, product names, text, graphics, photographs, illustrations, videos, website design, and other materials, are owned by LushScalp or used by us under authorization or license.
They are protected by applicable intellectual property laws.
You may access and use our website for your personal, non-commercial use.
Unless expressly permitted by us or applicable law, you may not:
- Reproduce substantial portions of our website;
- Copy or republish our content for commercial purposes;
- Modify or create unauthorized derivative works from our content;
- Sell or redistribute our content;
- Use our trademarks or branding in a misleading manner;
- Remove copyright, trademark, or other proprietary notices.
Nothing in these Terms transfers ownership of our intellectual property to you.
SECTION 9 – OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools, services, integrations, or functionality operated by third parties.
We may not control or monitor such third-party services.
Your use of third-party tools may be subject to separate terms and privacy policies established by the relevant provider.
To the extent permitted by law, we are not responsible for problems caused solely by third-party services outside our reasonable control.
This section does not limit any liability that cannot legally be excluded.
SECTION 10 – THIRD-PARTY LINKS
Our website may contain links to websites, applications, or services operated by third parties.
These links may be provided for convenience or informational purposes.
We do not control third-party websites and are not responsible for their content, privacy practices, availability, or security.
If you choose to access a third-party website, you should review its applicable terms and privacy policies.
Nothing in this section limits liability that cannot legally be excluded under applicable law.
SECTION 11 – RELATIONSHIP WITH SHOPIFY
Our ecommerce store is powered by Shopify.
Shopify provides technology and infrastructure that allows us to operate our online store.
Unless expressly stated otherwise, products purchased from the LushScalp store are sold by LushScalp and not by Shopify.
LushScalp remains responsible for its obligations to customers as the seller of the products.
Shopify may independently collect or process personal information relating to your use of Shopify-powered services as further described in our Privacy Policy and Shopify's applicable privacy documentation.
SECTION 12 – PRIVACY
Your privacy is important to us.
Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy.
Because our store is hosted by Shopify, certain personal information may also be collected and processed by Shopify and relevant service providers in order to operate and provide the Services.
Please review our Privacy Policy for additional information about:
- Personal information we collect;
- How we use personal information;
- Cookies and similar technologies;
- Marketing and advertising;
- International transfers;
- Your privacy rights;
- How to contact us regarding privacy matters.
SECTION 13 – REVIEWS, FEEDBACK AND USER CONTENT
You may have the opportunity to submit reviews, comments, photographs, suggestions, feedback, ideas, or other content (“User Content”).
You remain responsible for User Content you submit.
You confirm that your User Content:
- Is accurate to the best of your knowledge;
- Does not unlawfully infringe another person's intellectual property rights;
- Does not violate another person's privacy or other rights;
- Is not unlawful, fraudulent, abusive, threatening, or intentionally misleading.
By submitting User Content to us, you grant LushScalp a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute that content where reasonably necessary to operate, improve, and market our Services and products.
This license is subject to applicable privacy, intellectual property, and consumer protection law.
Where legally required, we will obtain additional permission before using identifiable personal content for purposes outside the scope reasonably expected when it was submitted.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website may contain typographical errors, technical errors, inaccuracies, or omissions relating to:
- Product information;
- Prices;
- Promotions;
- Availability;
- Shipping charges;
- Delivery estimates;
- Other store information.
We reserve the right to correct genuine errors and update inaccurate information.
If an error materially affects an order that has already been submitted or accepted, we will contact you where appropriate and handle the matter in accordance with applicable law.
We will not use this provision to retroactively remove mandatory consumer rights or arbitrarily change the agreed terms of an accepted order.
SECTION 15 – PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- In violation of applicable law;
- To commit or facilitate fraud;
- To provide knowingly false or misleading information;
- To infringe our intellectual property rights or those of another person;
- To distribute malware, viruses, or malicious code;
- To interfere with the security, availability, or operation of the Services;
- To attempt unauthorized access to systems, accounts, or information;
- To harvest personal information unlawfully;
- To conduct unauthorized scraping or automated extraction that materially interferes with the Services;
- To circumvent technical security measures.
We may suspend or restrict access where we reasonably believe these Terms or applicable law have been violated.
Any suspension or termination will not affect consumer rights arising from purchases already made.
SECTION 16 – AUTOMATED AGENTS
Automated software, bots, agents, or similar systems that access the Services must comply with applicable law, these Terms, and reasonable technical restrictions implemented by us.
Automated systems must not:
- Conceal their automated nature where identification is reasonably required;
- Circumvent access controls;
- Interfere with normal operation of the website;
- Collect information unlawfully;
- Attempt unauthorized access to protected systems or data.
We may implement reasonable technical measures to restrict abusive or unauthorized automated access.
SECTION 17 – SUSPENSION AND TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where:
- These Terms have been materially violated;
- Fraudulent or unlawful activity is suspected;
- Security of the Services or other users is threatened;
- We are legally required to do so.
Termination of website access does not cancel or eliminate rights and obligations relating to orders already accepted.
It also does not affect statutory consumer rights or other rights that survive termination by their nature.
SECTION 18 – WARRANTIES AND SERVICE AVAILABILITY
Nothing in these Terms excludes or limits any statutory warranties, guarantees, remedies, or consumer rights that cannot legally be excluded or limited.
Any voluntary warranty or satisfaction guarantee offered by LushScalp is subject to the specific conditions stated with that warranty and is provided in addition to statutory rights.
While we aim to keep our website available and operating properly, we do not guarantee that the website itself will always be uninterrupted, error-free, or available at all times.
We may temporarily suspend access for maintenance, technical issues, security purposes, or circumstances outside our reasonable control.
This does not affect our obligations relating to products purchased by consumers.
SECTION 19 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
In particular, nothing in these Terms is intended to exclude or limit liability for:
- Fraud or fraudulent misrepresentation;
- Death or personal injury where liability cannot lawfully be excluded;
- Intentional misconduct;
- Product liability that cannot legally be excluded;
- Violations of mandatory statutory consumer rights;
- Any other liability that applicable law does not permit us to exclude or limit.
To the fullest extent permitted by applicable law, LushScalp will not be liable for indirect or consequential losses that were not reasonably foreseeable at the time the relevant contract was entered into.
Nothing in this section affects any remedy to which a consumer is legally entitled in relation to defective, damaged, non-conforming, or undelivered goods.
SECTION 20 – YOUR RESPONSIBILITY
You are responsible for using the Services lawfully and in accordance with these Terms.
To the extent permitted by applicable law, you may be responsible for losses directly and reasonably caused by your intentional unlawful conduct, fraud, or deliberate misuse of the Services.
Nothing in this section creates liability for a consumer beyond what is permitted under applicable law.
SECTION 21 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where possible.
If that is not possible, the affected provision will be treated as severed from these Terms.
The remaining provisions will continue to apply.
SECTION 22 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, that does not mean that we waive that right.
These Terms, together with the policies referenced in them, constitute the agreement governing your use of the Services and purchases through our store.
Nothing in these Terms overrides mandatory rights granted to consumers under applicable law.
SECTION 23 – ASSIGNMENT
You may not assign or transfer contractual rights or obligations under these Terms where such transfer would materially affect our rights or obligations without our prior written consent, except where applicable law provides otherwise.
We may transfer or assign our rights and obligations in connection with a legitimate transfer, sale, restructuring, or operation of our business.
Any such transfer will not reduce or remove mandatory consumer rights.
SECTION 24 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Poland, subject to applicable rules concerning consumer contracts.
If you are a consumer residing in another country, including another country within the European Economic Area, this choice of law does not deprive you of mandatory consumer protections that apply to you under the laws of your country of habitual residence.
Nothing in these Terms limits any right you may have under applicable law to bring proceedings before a competent court or use an available consumer dispute-resolution procedure.
Where applicable, consumers may also seek assistance from relevant national consumer authorities or alternative dispute-resolution bodies.
SECTION 25 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to:
- Our Services;
- Our business operations;
- Applicable laws or regulations;
- Our technologies;
- Our policies.
The current version of these Terms will be published on this page together with the date of the most recent update.
Changes will apply prospectively from the date on which the updated Terms become effective.
Changes to these Terms will not retroactively alter the terms applicable to an order that was already accepted unless:
- Applicable law requires the change; or
- You expressly agree to the change where legally permitted.
Your continued use of the website after updated Terms take effect will be subject to the updated Terms for future use of the Services.
SECTION 26 – CONTACT INFORMATION
If you have questions about these Terms of Service, your order, or your rights as a customer, please contact us.
Store Name: LushScalp
Email:
thelushscalp.team@gmail.com
Phone:
+48 794 384 664
Mailing Address:
al. Jana Pawla II 56
00-828 Warszawa
Poland
For returns, refunds, withdrawals, or issues with a product, please review our Return and Refund Policy and contact us before sending a product back so that we can provide the appropriate return instructions.