In these Terms and Conditions: 

• When we talk about a “Box”, this means the box containing your Fresh & Flowers goodies.

• When we talk about an “Order”, this means the order you place by first signing up to the Fresh & Flowers service – your Order is for the Subscription, and once you place your Order, and we accept it, your Subscription will begin.

• When we say “Subscription”, we are talking about your rolling subscription for monthly deliveries of a Box. 

Your Subscription continues until you cancel it (which you can do at any time), and you always have the option to skip a Box for a month if you need to.

If you want to find out more about cancelling your subscription or skipping a Box, there is more information on this in the section titled “Cancellations, Returns and Damaged Products”.

Orders 

You have to be 18 or over to place an Order, as our website isn’t intended for use by minors. 

By placing an Order on our website, you agree to give:

• Your real name
• Your email address
• Your billing address
• A delivery address (this may be the same as your billing address)
• A contact phone number (in case we need to speak to you about your Order or delivery).

The purpose of processing this information is that it is necessary for the performance of a contract with you.

To ensure each Box arrives with ultimate freshness, we will not be offering international shipping with this service, and our Boxes can only be delivered to addresses that are in the United Kingdom.

If the technology fails us or we make a genuine mistake, your attempt to place an Order may be unsuccessful. We will do everything we can to resolve this and aim to put that smile firmly back on your face. 

Once you have placed an Order, you will receive a confirmation email setting out some important details. 

Please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us, and we will confirm acceptance to you by sending another confirmation email to let you know when your first Box has been dispatched, and this is when your Subscription starts. If for some reason we aren’t able to accept your Order, we will give you a refund.

Each Box will be dispatched on or around the 11th day of each month. 

Depending on the date you place an Order and when we accept it, you may miss the cut-off date for a delivery of the Box for the upcoming month. Our cut-off date is the 24th of each month, at 23:59 (U.K. time), so that’s the last chance to sign up for the upcoming Box. 

If you miss that date, don’t worry, your Subscription will just start from the month after, and that’s when you’ll receive your first Box. 

So, for example, if you place your Order on the 28th of May, you won’t be able to get a Box in June as the cut-off date has passed, but you should be able to get your first Box in July. 

We have one delivery option: Next Day Delivery. Orders will be sent with tracking via DPD. Some UK postcodes are restricted from the Fresh & Flowers service, and to ensure our Boxes arrive with ultimate freshness, we will not be offering international shipping with this service. If the Fresh & Flowers service isn’t available for the UK postcode you want us to deliver to, we will let you know during the order process.

Once the delivery has been completed (either handed to you, left in a spot that the courier company thinks is safe, or delivered to a neighbour), you will be responsible for the risk of any damage to the products.

We have one delivery option: Next Day Delivery. Orders will be sent with tracking via DPD. Some UK postcodes are restricted from the Fresh & Flowers service, and to ensure our Boxes arrive with ultimate freshness, we will not be offering international shipping with this service. If the Fresh & Flowers service isn’t available for the UK postcode you want us to deliver to, we will let you know during the order process.

Once the delivery has been completed (either handed to you, left in a spot that the courier company thinks is safe, or delivered to a neighbour), you will be responsible for the risk of any damage to the products.

We have one delivery option for customers in the UK, Next Day Delivery. Orders will be sent with tracking via DPD. Some UK postcodes are restricted from this service.

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to:  

• Strikes or other industrial action.
• Civil commotion, terrorism or threat of, war or threat.
• Fire, explosion, adverse weather conditions, subsidence, or other natural disaster.
• Pandemic or epidemic.
• Disruption to supplies or delivery methods.
• Acts of government or regulatory bodies including, but not limited to lockdowns or such equivalent events.
• Disruption to public or private telecommunications networks.

If a Force Majeure Event does take place and affects the performance of our obligations to you, we will contact you as soon as reasonably possible to let you know, and our obligations under these Terms and Conditions will be suspended for the duration of the Force Majeure Event.

To ensure the Fresh & Flowers box arrives with ultimate freshness, we will not be offering international shipping with this service.

Your Order constitutes an offer to us. When we confirm acceptance of your Order by confirming that your first Box has been dispatched, a legally binding contract will exist between us. You’ll then continue to receive the Boxes every month until you cancel, or skip a month. 

You pay the sum that you see at the end of the checkout process, and we will take payment using the payment method that you have specified when placing your Order.

Products in the Box will be at your sole risk from the point they are delivered to you, and ownership of the products will only pass to you when we have received full payment.

If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel their Order or cancel or suspend their Subscription. 

This includes where a customer doesn’t pay for a Box, and fraudulent use of our website and/or sales. We also reserve the right to bar certain email addresses and telephone numbers from accessing our website to place orders. We will not accept an Order from any customer who we have suspended.

We also reserve the right to cancel or suspend your Subscription at our absolute discretion. If this happens, we will deliver any Boxes that you have already paid for, or, if delivery isn’t possible, we will issue a refund.

A person who is not party to the contract shall not have any rights under or in connection with it.

The Subscription for our Boxes is intended for personal use only.

By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these Terms and Conditions and your contract with us.

When you come to pay for your Order, you will be entering your card and payment details into the Lush website. We accept payment with Visa and Mastercard, and your payment is processed through the Ayden secure server. Ayden is our payment processing partner. 

Your payment details are stored securely to enable recurring payment for your Subscription, and it’s your responsibility to update these details if they change or if otherwise required. 

Payment will be taken in British pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.

Payments are taken on the 25th of each month unless it falls on a weekend or public holiday, in which case payment may be taken just after. You only need to enter your payment details once, when you first place an Order. After that, we’ll continue to take payment for each monthly Box on or just after the 25th of each month (if the 25th falls on a weekend or a public holiday), until you cancel your Subscription, or skip a Box.

If you have any questions, you can contact Lush Customer Care Monday to Friday 8am to 7:30pm. Saturday 9am-5pm. Sunday 10am-4pm. Bank Holidays 10am-4pm. We are closed Christmas Day, New Year’s Day and Easter Sunday.

Our prices, as stated on our website, are in pound sterling (£) and include VAT, where applicable. You will be charged in pounds sterling even if you don't live in the UK, but if you’re placing your order from outside the UK, these orders may incur bank charges for international transactions.

Prices for our Boxes may change from time to time, and we will let you know in advance if this is going to happen, so you have time to make any changes to your Subscription if you need to. 

Prices and promotions held in our high street stores may not apply to this website and to your Order and Subscription, unless otherwise stated, and vice versa. Please note that offers are subject to availability and may end before originally advertised.

By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these Terms and Conditions and your agreement with us.

You have a legal right to cancel your Subscription at any time, or you can choose to skip a Box for a month if you need to for any reason. 

How to cancel (or skip a month)

You can amend your Subscription by using the “Manage My Subscription” function on freshandflowers.lush.com, where you have the option to skip a Box or cancel your Subscription entirely. You may wish to keep a copy of your cancellation notification for your own records. 

When to cancel (or skip a month)

We take payment for an upcoming Box on the 25th of each month (or just after the 25th, where the 25th falls on a weekend or public holiday). 

If you want to cancel your Subscription, or skip a Box for a month, you will need to do it before 23:59 (U.K. time) on the 24th of the month, so that you are not charged for the upcoming Box. 

Should you skip or cancel after the 24th of the month, you will be charged for the upcoming Box, you will not be entitled to receive a refund, and we’ll continue to send this Box to you. Your request to skip a Box or cancel your Subscription will be effective from the following month.

So, for example, if you cancel your Subscription on 28th May, you will still be charged for and will receive the Box for June, but your cancellation will be effective the following month, so you shouldn’t receive a Box in July and onwards.

Payments under your rolling Subscription will continue to be taken on the 25th of each month (or just after the 25th, if the 25th falls on a weekend or public holiday) until the date your cancellation is deemed effective in accordance with these Terms and Conditions.

Your rights
We have a legal duty to supply products that conform to the descriptions and specifications in the contract between you and us.  As a consumer, you will always have legal rights in relation to products that are faulty or not as described, which are not affected by your cancellation rights above. For more information about these, see the “In the event of damaged products” section below. 

Details of your legal rights to cancel and an explanation of how to exercise them are also provided in the email confirmation of dispatch. For more information on how to return products to us, see the “How to return products” section below. 

In the event of damaged products

We're very sorry if the Lush products you looked forward to receiving have arrived damaged. We do our best to pack them safely, but even the most lovingly prepared parcel can get dropped or jostled en route to your house. If you notice that any individual products within your Box are damaged, please let us know within [5] days of receiving your Box, by emailing us at [[email protected]]. We might ask you for some additional details so that we can assess the damage, after which we will send you a replacement of the damaged individual product. 

As our products are made fresh, it may not always be possible to send you the exact same product as a replacement. In this case, we will do our best to send you similar products as an alternative. 

If all of the products in your Box are damaged and you would like a refund for that Box instead of replacement products, please let us know by emailing us at [[email protected]], within [5] days of receiving your Box. We aren’t able to offer refunds for individual products, so you will need to send the Box with all of the products back to us if you would like a refund, and there is more information on how to do this in the “How to return products” section below. In this case, we will pay for the postage of sending these items back to us. 

It may be possible for you to return these goods to a Lush shop; to find out if this is possible, please call (01202) 930051. This applies to UK orders and stores only.

How to return products (by post)

Once you have been provided with a free returns label by our Customer Care team, you will need to package up your products to be returned and stick your label onto the parcel. 

When returning products to us, please ensure that you:

• a) Package the products to be returned in a secure and appropriate way;
• b) Stick the free returns label onto the parcel, so that it is clearly visible;
• c) Include a note with the returned products, letting us know who has sent the parcel and the email ticket reference number (which we will give you);
• d) Hold on to your proof of posting; and
• e) Follow any other reasonable instructions that we might give you about returns.

The address for returns is: Lush Online, Unit 7, Witney Road, Nuffield Industrial Estate, Poole, Dorset, BH17 0GL.

Any refunds that are payable by us to you will be paid using the same method that you used to pay, and will be paid within [14] days of either:

• a) the date we receive the products back from you; or
• b) if we don’t receive them, the date you provide evidence that you returned the products to us at the correct address, 

whichever is earlier.

Any personal information you provide to Lush Global Digital Ltd directly or via our website and from which you can be identified is stored securely and confidentially and will be processed fairly and lawfully in accordance with our Privacy Notice.

So that we can deliver your Box to you, we will provide your details to couriers and postal service providers that deliver your Box.

For more details about how we use cookies, please see our Privacy Notice and Cookie Policy.

The final total you see on the website will include VAT at the applicable rate calculated on your products.

Delivery costs will be added to your order and the final total will include VAT at the applicable rate calculated on your products and the cost of delivery.

If we fail to comply with these Terms and Conditions, we are only responsible for the amount  of the purchase price of the products contained within the relevant Box giving rise to the cause or action. 

Nothing in these Terms and Conditions is intended to exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or to attempt to exclude or liability including:

• a) death or personal injury caused by our negligence; 
• b) fraud or fraudulent misrepresentation; 
• c) breach of your legal rights; and
• d) defective products under the Consumer Protection Act 1987.

Nothing in these terms affects your statutory rights.

• a) We may amend these Terms and Conditions from time to time.  If we do, we will replace these Terms on our website with our new Terms and Conditions.

• b) If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breach of 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. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

• c) Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

• d) Nothing in these Terms and Conditions affects your statutory rights.

• e) We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of a contract at any time.

We may vary these terms from time to time.  If we do, we will replace these terms on our website with our new terms.

These terms are governed by, and construed in accordance with, English law and the courts of England and Wales shall have non-exclusive jurisdiction.

freshandflowers.lush.com is a site operated by Lush Global Digital Ltd whose registered address is 29, High Street, Poole, Dorset, BH15 1AB, Company Number 10719619, VAT Number GB 241 7442 22.

If you have a complaint in relation to these Terms and Conditions or our products, we will attempt to resolve the complaint using our internal complaints-handling procedure. 

If the process is exhausted and the complaint is not settled in this way, you may make a request to us for the dispute to be settled by mediation through The Retail Ombudsman or Online Resolution Dispute Platform.  If you make such a request, we shall consider whether or not we wish to use The Retail Ombudsman to try to resolve the dispute, but we are not obliged by law to do so.  

If we agree to submit a dispute to The Retail Ombudsman, we shall notify you and you may:

• a) complete the online form on the Retail Ombudsman website, or 
• b) send your complaint using a paper form to The Retail Ombudsman, 33rd Floor Euston Towers, 286 Euston Road, London NW1 3DP. 

Further information on the Retail Ombudsman can be found here.