Terms & Conditions

LUSHNESS CORP.

TERMS OF SERVICE

Effective Date: May 18, 2026

Last Updated: May 18, 2026

OVERVIEW

This website is operated by Lushness Corp. (“Lushness,” “we,” “us,” or “our”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. If you do not agree to all terms and conditions, you may not access the website or use any Services.

Our store is hosted on Shopify Inc., which provides the e-commerce platform through which we sell our products and Services. We reserve the right to update these Terms at any time by posting changes to this page. Your continued use of the site following any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

• By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow your minor dependents to use this site.
• You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws).
• You must not transmit any worms, viruses, or any code of a destructive nature.
• A breach or violation of any of these Terms will result in immediate termination of your Services.
• You agree that your use of the Service is limited to personal, non-commercial use only, unless expressly authorized in writing by Lushness.

SECTION 2 – GENERAL CONDITIONS

• We reserve the right to refuse Service to anyone for any reason at any time.
• You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks. Credit card information is always encrypted during transfer.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by Lushness.
• Lushness reserves all rights not expressly granted to you under these Terms.
• We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

SECTION 3 – INTELLECTUAL PROPERTY

All content on this website, including but not limited to text, graphics, logos, images, product names, designs, and software, is the exclusive property of Lushness Corp. or its content licensors and is protected by United States and international intellectual property laws. The Lushness name, logo, and all related marks are trademarks of Lushness Corp.

• You may not use, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from this website without the prior written consent of Lushness.
• Any feedback, suggestions, or submissions you provide to us may be used by Lushness without compensation or attribution to you.
• Nothing in these Terms shall be construed as conferring any license to intellectual property rights of Lushness.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS

We are not responsible if information on this site is inaccurate, incomplete, or out of date. Content is provided for general information only and should not be relied upon as the sole basis for making decisions. We reserve the right to modify the contents of this site at any time without obligation to update information. Any reliance on the material on this site is at your own risk.

SECTION 5 – HEALTH, WELLNESS & PRODUCT CLAIMS DISCLAIMER

IMPORTANT: The following disclaimer applies to any wellness, beauty, health, or lifestyle content on this website.

• No content on this website, including product descriptions, editorial content, or user testimonials, constitutes medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before making any health or wellness decisions.
• Product descriptions and any benefit claims have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
• Individual results may vary. Testimonials and reviews reflect individual experiences and are not guaranteed outcomes.
• Lushness makes no representations or warranties that any product or content will produce specific health, beauty, or wellness outcomes.
• We do not promote the use of any product as a substitute for professional medical advice or treatment. Any decisions you make based on content on this website are made solely at your own risk.
• Certain products may not be suitable for all individuals, including pregnant or nursing women, individuals with pre-existing medical conditions, or those taking prescription medications. Consult your physician prior to use.

SECTION 6 – PRODUCTS AND SERVICES

• Certain products or Services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Refund Policy.
• We have made every effort to display product colors and images as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.
• We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis.
• All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
• Items in your cart are not confirmed or reserved until checkout is completed.
• We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
• Lushness reserves the right to limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same customer account, credit card, or billing/shipping address.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you using the contact information provided at the time the order was made.
• You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account information, including email address and payment details, so that we can complete transactions and contact you as needed.
• We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
• Promotions and discount codes are nontransferable, have no cash value, and may not be combined with other offers unless expressly stated. No price adjustments will be given for items purchased outside of a stated promotion period.

SECTION 8 – OPTIONAL TOOLS & THIRD-PARTY SERVICES

We may provide access to third-party tools and services over which we have no control. Such tools are provided “as is” and “as available” without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of these tools is entirely at your own risk. We are not responsible for payments processed via external third-party payment providers’ sites; it is your responsibility to review their terms and privacy policies.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for the content, accuracy, or practices of such third-party websites and do not warrant or assume liability for any third-party materials. Any interactions you have with linked sites are solely between you and those sites. Complaints or concerns regarding third-party products should be directed to the third party.

SECTION 10 – USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you send us submissions, creative ideas, suggestions, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us, without compensation or obligation of confidentiality. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, or otherwise objectionable.

SECTION 11 – PERSONAL INFORMATION & DATA PRIVACY

Your submission of personal information through the store is governed by our Privacy Policy. By using our site, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.

• We collect personal information including but not limited to name, email address, billing and shipping address, phone number, and payment details for the purpose of processing transactions and providing our Services.
• We comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA) where applicable. California residents may have additional rights with respect to their personal information.
• We do not sell your personal information to third parties for their direct marketing purposes without your consent.
• We use industry-standard security measures to protect your data; however, no method of internet transmission is 100% secure and we cannot guarantee absolute security.
• By creating an account or making a purchase, you consent to receive transactional communications from us. You may opt out of marketing communications at any time.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order. We undertake no obligation to update or clarify information in the Service except as required by law.

SECTION 13 – PROHIBITED USES

You are prohibited from using the site or its content:

• For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information.
• To upload or transmit viruses or any other type of malicious code.
• To collect or track the personal information of others.
• To spam, phish, pharm, pretext, spider, crawl, or scrape.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service or any related website.
• To use automated tools (bots, scrapers, crawlers) to access our website or collect data without our express written permission.
• To purchase products for the purpose of resale or commercial distribution without our express written authorization.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

• We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
• We do not warrant that results obtained from the use of the Service will be accurate or reliable.
• IN NO CASE SHALL LUSHNESS CORP., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO LUSHNESS IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
• Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
• You expressly agree that your use of, or inability to use, the Service is at your sole risk.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lushness Corp. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms of Service; (b) your violation of any law or the rights of a third party; (c) your use of the Service; (d) any content you submit, post, or transmit through the Service; or (e) your violation of any rights of another. This indemnification obligation will survive the termination of these Terms and your use of the Service.

SECTION 16 – FORCE MAJEURE

Lushness shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, fire, flood, earthquakes, governmental actions, war, terrorist acts, pandemic, epidemic, labor disputes, supply chain disruptions, or failures of third-party service providers. In such events, we will use commercially reasonable efforts to resume performance as soon as practicable.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

• These Terms of Service are effective unless and until terminated by either you or us.
• You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If, in our sole judgment, you fail or we suspect you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination.
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.
• Obligations and liabilities of the parties incurred prior to the termination date shall survive termination for all purposes.

SECTION 19 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and us. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration under Section 22, you and Lushness consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

SECTION 21 – STATUTE OF LIMITATIONS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO BRING SUCH ACTION WITHIN THE PRESCRIBED TIME PERIOD SHALL CONSTITUTE AN IRREVOCABLE WAIVER OF SUCH CLAIM. This limitation applies regardless of any statute or law to the contrary.

SECTION 22 – DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.

22.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at retail@lushness.com with a written description of the dispute, including your name, contact information, and the relief sought. The parties will attempt to resolve the dispute through informal negotiation within thirty (30) days of receiving the notice. If the parties are unable to resolve the dispute informally within that period, either party may proceed to arbitration as set forth below.

22.2 Binding Arbitration

Except as set forth in Section 22.4, all disputes, claims, or controversies arising out of or relating to these Terms, the Service, or any products purchased through the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. BY AGREEING TO ARBITRATION, YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING DISPUTES IN COURT.

22.3 Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. You and Lushness each waive any right to bring claims as a class or representative action. No arbitration or proceeding can be combined with another without the prior written consent of all parties.

22.4 Exceptions

• Either party may bring claims in small claims court if the claims qualify.
• Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
• Nothing in this Section prevents either party from reporting issues to government authorities.

22.5 Arbitration Procedures

The arbitration will be conducted by the AAA under its Consumer Arbitration Rules, available at www.adr.org. The arbitration may be conducted by telephone, video conference, or written submissions. For claims under $10,000, Lushness will pay all AAA filing, administration, and arbitrator fees unless the arbitrator determines the claim is frivolous. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes. If we make material changes to these Terms, we will provide notice through the website or via email.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

LUSHNESS CORP.

hello@lushness.com

1280 Avenue of the Americas, Suite 2

New York, NY, United States

© 2026 Lushness Corp. All rights reserved. This document was last revised May 18, 2026.