LushFemme Terms & Conditions

Last Updated: [dd Month yyyy]

1. Acceptance of Terms

By accessing or using https://lushfemme.com (the “Site”), placing an order, creating an account, or interacting with our services (collectively, the “Services”), you agree to be bound by these Terms and by all policies referenced here (Privacy Policy, Refund & Returns Policy, Shipping & Delivery Policy, Cancellation & Exchange Policy, and any promotional rules). If you do not agree, please do not use the Site.

2. Eligibility

• You must be at least 18 years old or the age of majority in your jurisdiction to make purchases.
• If you are under 18, a parent or legal guardian must transact on your behalf.
• We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.

3. Account Registration & Security

To shop faster and access order history, you may create a LushFemme account.

You agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your profile (shipping address, phone, size info).
• Keep your login credentials confidential and not share your account.
• Notify us immediately of unauthorized access or security concerns.

We are not liable for loss arising from unauthorized use of your credentials if caused by your failure to safeguard them.

4. Product Information, Sizing & Display

We strive to display product descriptions, fabric details, care instructions, size charts, and colors accurately. However:

• Color appearance may vary due to screen settings, lighting, and photography effects. Minor variation does not qualify as a product defect.
• Size & fit guidance is approximate; styles from different brands may fit differently. Use our size guides and fit notes.
• Measurement tolerances of ±1–2 cm are common in apparel manufacturing.

If you need sizing help before ordering, please contact our support team.

5. Pricing, Taxes & Promotions

• All prices are listed in Indian Rupees (INR) unless stated otherwise.
• Prices are subject to change without notice but will not affect confirmed, paid orders (except in cases of obvious pricing errors).
• Applicable GST and other taxes will be displayed at checkout, where required.
• Promotional pricing, coupon codes, and bundle offers are valid only for the period and conditions stated.
• Coupons cannot be combined unless expressly allowed. One coupon per order by default.

Pricing Errors: If a product is listed at an incorrect price due to typographical, technical, or supplier error, we may cancel the order and refund you. We will contact you to confirm before cancellation where possible.

6. Order Acceptance & Contract Formation

Your placing an order is an offer to purchase. We accept your offer only when we:

1. Confirm payment (for prepaid orders), and
2. Dispatch the item(s) (shipment confirmation).

We reserve the right to refuse or cancel any order, including but not limited to suspected fraud, inventory errors, or shipping restrictions to your location.

7. Payment Methods

We support one or more of the following (availability shown at checkout):

• Credit / Debit Cards (Visa, Mastercard, RuPay, etc.)
• UPI
• Net Banking
• Wallets (where enabled)
• Cash on Delivery (COD) – limited pin codes & order value caps

Payment processing may be handled by third‑party payment gateways or aggregators. We do not store full card numbers or CVV data on our servers. For COD, please have the exact amount ready at delivery.

8. Shipping & Delivery

Shipping timelines, serviceable pin codes, and charges are detailed in our Shipping & Delivery Policy. By placing an order, you accept those terms. Delays due to courier issues, weather, strikes, or force majeure events are outside our control but we’ll support you in tracking and resolution.

9. Returns, Refunds & Exchanges

Our approach differs by product category due to hygiene standards in women’s intimate apparel.

Quick Summary:

• Return request window: [Insert # days] from date of delivery.
• Lingerie / intimate wear: Non‑returnable, except defective / wrong item.
• Size exchange (outerwear): Allowed within return window if unused & tags intact.
• Refund method: Original payment mode (prepaid) or store credit (COD) as per our Refund Policy.

Please see the full Refund & Returns Policy and Cancellation, Exchange & Replacement Policy for category-specific rules and processes.

10. Non-Returnable / Hygiene-Sensitive Categories

For health and hygiene reasons, certain products cannot be returned or tried on and sent back (unless defective or wrong item shipped):

• Lingerie sets, bras, panties, shapewear, bodysuits
• Intimate apparel & swimwear
• Adhesive cups, nipple covers, stick‑on bras
• Hosiery & innerwear opened from sealed packs
• Personal care or wellness products marked “non‑returnable”

Please review size charts carefully or reach out for fit guidance before purchase.

11. COD (Cash on Delivery) Terms

• COD availability depends on courier serviceability & order value caps.
• Repeated COD refusals/non‑deliveries may result in COD suspension for your account.
• High‑value orders may require partial prepaid confirmation.

12. Store Credits, Wallets & Gift Cards

We may issue store credits in the following scenarios: approved returns, promotional goodwill, or COD refunds. Credits:

• Are denominated in INR.
• Are non‑transferable and non‑cashable.
• May expire after [Insert Months] from issuance (check your account).

Digital gift cards or vouchers are redeemable only at LushFemme and cannot be reloaded or redeemed for cash except where required by law.

13. User Content: Reviews, Ratings & Submissions

You may submit product reviews, photos, fit feedback, or style inspiration. By submitting content, you grant LushFemme a non‑exclusive, royalty‑free, worldwide, sublicensable license to use, display, reproduce, adapt, publish, and distribute that content in connection with our Services (including marketing and social media), subject to our Privacy Policy.

You agree that your submissions will not:

• Contain obscene, defamatory, hateful, or infringing material.
• Violate any third‑party intellectual property rights (images, logos, copyrighted pictures).
• Include personal data of others without consent.

We may remove, edit, or refuse content at our discretion.

14. Intellectual Property

All content on the Site—including logos, graphics, product images, text, design elements, and software—is owned by or licensed to LushFemme and protected under applicable intellectual property laws. Unauthorized copying, scraping, resale of content, or automated data extraction is prohibited without written permission.

15. Promotional Campaigns, Coupons & Referral Programs

From time to time we may run sales, coupon code promotions, referral rewards, or contests.

Unless otherwise stated:

• One coupon per order.
• Coupons not valid on gift cards, innerwear clearance, or bundled offers.
• Coupon value cannot exceed product price.
• Misuse, abuse, or fraudulent redemptions may lead to cancellation.

Campaign-specific rules posted at the time of offer will override this section.

16. Communications Consent (Email, SMS, WhatsApp)

By creating an account or placing an order, you consent to receive transactional communications (order updates, shipping alerts, support). With your opt‑in, you may also receive promotional messages (offers, new arrivals). You can unsubscribe or opt out at any time via provided links, SMS replies, or contacting support. Message & data rates may apply.

17. Prohibited Uses

You agree not to use the Site or Services to:

• Engage in fraudulent transactions or payment disputes made in bad faith.
• Resell or export products commercially without authorization.
• Upload malware, bots, scraping tools, or disruptive code.
• Harass or defame other users.
• Circumvent security or attempt unauthorized access to systems.

Violation may result in account suspension, order cancellation, and/or legal action.

18. Third‑Party Services & Links

The Site may include links to third‑party websites (e.g., payment gateways, social media embeds, logistics trackers). These sites operate under their own terms and privacy policies. LushFemme is not responsible for third‑party content, accuracy, or practices. Use them at your discretion.

19. Disclaimer of Warranties

Except as expressly stated in writing, the Site and all products and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and uninterrupted service.

Apparel sizing guidance is advisory only; fit results vary by body type and brand. Minor color, fabric texture, or stitching variation typical in apparel manufacturing is not considered a defect.

20. Limitation of Liability

To the maximum extent permitted by applicable law, LushFemme shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption arising out of your use of the Site or purchase of products. Our aggregate liability for any claim relating to a product purchase shall not exceed the total amount paid for that product.

Consumer rights under mandatory Indian law (including the Consumer Protection Act, 2019) are not limited by this section.

21. Indemnification

You agree to indemnify, defend, and hold harmless LushFemme, its directors, officers, employees, affiliates, and service partners from and against all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to: (a) your misuse of the Site; (b) your violation of these Terms; (c) your violation of any law or third‑party rights; or (d) content you submit.

22. Data Privacy

Your personal data is processed in accordance with our Privacy Policy (India‑compliant template provided separately). Please review it to understand how we collect, use, and protect your information, including data shared with logistics, payment, and marketing providers.

23. Fraud Prevention & Order Verification

To protect our customers and business, we may conduct risk screening on orders (especially high‑value or COD). We may contact you for address confirmation, OTP verification, or ID validation in rare cases. Orders failing verification may be cancelled and refunded.

24. Force Majeure

We are not responsible for delays or failure to perform due to events beyond our reasonable control, including natural disasters, pandemics, government restrictions, transportation interruptions, strikes, or network outages.

25. Termination / Suspension

We may suspend or terminate your account and access to Services if you violate these Terms, engage in fraud, abuse coupons, or misuse COD services. You may terminate at any time by deleting your account (subject to data retention rules in our Privacy Policy). Outstanding payment obligations survive termination.

26. Governing Law & Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict of law principles.

Jurisdiction Option A (Single State): Courts located in [City, State] shall have exclusive jurisdiction, except as otherwise required under applicable consumer protection law.

Jurisdiction Option B (Consumer-Friendly): Disputes may be raised before the consumer forum having jurisdiction over your place of residence OR our registered office, as permitted under the Consumer Protection Act, 2019.

Before escalating, please contact our Grievance Officer (see Section 29) so we can attempt an amicable resolution.

27. Arbitration (Optional Clause)

If both parties agree in writing, a dispute may be referred to binding arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be [City, India]; proceedings in English; one arbitrator; decision final except for limited statutory challenge.

(Only include this section if advised by counsel; arbitration clauses are enforceable in India but must not undermine mandatory consumer rights.)

28. Changes to Terms

We may update these Terms from time to time. Changes become effective when posted on the Site with an updated “Last Updated” date. Material changes affecting your rights (returns, dispute process, privacy) may be communicated by email or in‑account notice. Continued use of the Site after changes constitutes acceptance.

29. Contact & Grievance Redressal

In accordance with Indian e‑commerce and IT rules, we provide a grievance contact.

Grievance Officer: [Name]
Email: [Insert]
Phone / WhatsApp: [Insert]
Postal Address: [Insert]

Response Timelines:

• Acknowledge complaints within 48 hours (working days where practical).
• Aim to resolve within 30 days or as required by applicable law.

For order status, returns, or sizing help, you can also write to [Customer Support Email].

30. Policy Hierarchy & Incorporated Documents

These Terms incorporate by reference the following LushFemme policies (collectively, the “Store Policies”):

• Privacy Policy
• Refund & Returns Policy
• Cancellation, Exchange & Replacement Policy
• Shipping & Delivery Policy
• Cookie Notice (if separate)

If there is a conflict between these Terms and a Store Policy specific to a transaction, the transaction‑specific policy will govern to the extent of the conflict.

31. Frequently Asked Legal Scenarios

Q: Can a customer return lingerie?
A: No, unless unused & sealed and allowed by hygiene rules you set—or if defective / wrong item.

Q: What happens if price was wrong?
A: Reserve the right to cancel & refund.

Q: COD refused at delivery?
A: Mark as RTO (return to origin); may suspend COD for repeat cases.

Q: Dispute over fit vs defect?
A: Fit issues go to exchange (if allowed); manufacturing damage qualifies for replacement/refund.