Terms of service

Terms of Service

These Terms of Service (“Terms”) govern your use of the website and online store operated by Lush Design LLC (“Lush Design,” “we,” “us,” or “our”). By accessing our site and/or purchasing something from us, you agree to be bound by these Terms as well as our other policies referenced here, including our Return & Refund Policy, Shipping Policy, and Privacy Policy.

If you do not agree to these Terms, you may not use our website or purchase our products.

1. Overview

Lush Design LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of these Terms and all policies referenced herein.

Any new features, tools, or products added to the current store shall also be subject to these Terms. We reserve the right to update or modify these Terms at any time by posting a revised version on this page. Your continued use of the website or placement of orders after such changes constitutes your acceptance of the updated Terms.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

2. Eligibility & Online Store Use

By using our website and/or making a purchase, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You agree not to use our products or services for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations in your jurisdiction.

You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of these Terms may result in immediate termination of your access to our Services.

3. Nature of Products

Lush Design LLC specializes in creating and selling a wide variety of artificial floral arrangements, décor, and related materials. Many of our products are handcrafted, customized, or made-to-order, and may incorporate preserved natural elements or other materials where necessary.

Because our items are handmade and often customized:

  • Each piece is unique and may vary slightly from listing photos in composition, placement, or minor details.
  • Color variations may occur due to monitor settings, screen brightness, and natural lighting conditions. Such variations are normal and do not constitute defects.

4. Product Information & Availability

We make every effort to display our products, descriptions, and colors as accurately as possible. We cannot guarantee that your device’s display of any color will be accurate.

All products and services are subject to availability. We reserve the right to limit the quantities of any products or services that we offer, and to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.

5. Pricing, Payments & Order Acceptance

All prices are subject to change without notice. Taxes, shipping, and any applicable fees will be added at checkout as required by law and as outlined in our Shipping Policy.

By submitting an order, you authorize us (and our payment processors) to charge the payment method you provide for the total amount of your order, including all applicable taxes and shipping costs.

We reserve the right, in our sole discretion, to refuse, limit, or cancel any order, including but not limited to orders that appear to be placed by resellers or distributors, or orders associated with suspected fraud, abuse, or violation of these Terms. If we cancel or modify an order, we will attempt to notify you using the email and/or billing address provided at the time the order was made.

6. Processing Time, Shipping & Risk of Loss

Order processing times, shipping methods, delivery estimates, and shipping-related rules are governed by our Shipping Policy, which is incorporated into these Terms by reference.

You acknowledge and agree that:

  • Processing time (the time required to verify, create, customize, and package your order) is separate from carrier transit time.
  • All delivery dates are estimates and are not guaranteed. Delays caused by carriers, weather, customs, high seasonal volume, or other factors outside our control do not constitute a breach of contract and do not qualify for refunds or order cancellations.
  • Once a package is marked “Delivered” by the carrier, risk of loss passes to you. We are not responsible for packages lost or stolen after delivery, or delivered to the address you provided at checkout.
  • You are solely responsible for providing a complete and accurate shipping address. Orders returned, delayed, or lost due to incorrect or incomplete addresses are handled according to our Shipping and Refund Policies.

7. Returns, Refunds & Cancellations

All returns, refunds, and cancellations are governed by our Return & Refund Policy, which is incorporated into these Terms by reference.

Key points include (but are not limited to):

  • We accept returns only for eligible, non-customized products within 7 days from the date of delivery, subject to prior approval and item condition requirements.
  • Custom or personalized orders, rush services, tips, shipping upgrades, gift cards, items marked “Final Sale,” and orders returned or requested after your wedding/event date are not eligible for return or refund.
  • Returned-to-sender packages (including those due to incorrect address, refusal, failure to collect, or unpaid customs fees) are not eligible for refunds unless expressly approved. If a refund is approved, all shipping costs are deducted and a 10% restocking fee applies.
  • All shipping charges (original and return shipping) are non-refundable.
  • Orders may be cancelled within 12 hours of purchase; after that time, cancellation is not guaranteed. If a cancellation is approved after 12 hours, a 10% restocking fee is deducted from any refund.
  • Damage or defect claims must be reported within 48 hours of delivery with required photographic evidence as described in our Refund and Shipping Policies.

In the event of any conflict between this Section and the detailed Refund/Shipping Policies, the policies posted on their respective pages shall control.

8. Additional Shipping Charges & Oversized Orders

In rare cases, if your order exceeds expected size, weight, or volume (for example, large or multi-piece arrangements), the actual carrier shipping cost may be higher than the amount calculated at checkout. In such cases, we may contact you prior to shipment to request approval and payment of the additional shipping charge, as described in our Shipping Policy.

If you decline to pay the additional shipping costs, you may cancel the order, subject to any applicable restocking fees and the stage of production, as outlined in our Return & Refund Policy.

9. User Content, Reviews & Submissions

If you submit reviews, photos, comments, suggestions, or other materials to us (collectively, “User Content”), you grant Lush Design LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from such User Content in any media, for promotional, marketing, or other lawful purposes.

You represent and warrant that you own or otherwise control all rights to any User Content you submit, that your User Content does not violate any rights of any third party, and that it does not contain unlawful, abusive, or obscene material.

10. Intellectual Property

All content on this website, including but not limited to text, images, product designs, graphics, logos, and layout, is the property of Lush Design LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, duplicate, copy, sell, resell, modify, or exploit any portion of the website, products, or services without our express written permission.

11. Third-Party Tools & Links

We may provide access to third-party tools or link to third-party websites that we do not monitor or control. You acknowledge that these are provided “as is” and “as available” without warranties of any kind. We are not responsible for any third-party content, products, services, or websites, and your use of them is at your own risk. You should review the applicable terms and policies of any third-party websites or tools before using them.

12. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

  • for any unlawful purpose;
  • 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 rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others;
  • to submit false or misleading information;
  • to upload or transmit viruses or 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; or
  • to interfere with or circumvent the security features of the Service or any related website.

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

13. Disclaimer of Warranties

The website, services, and all products provided by Lush Design LLC are offered on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. You agree that your use of the website and our products is at your sole risk.

14. Limitation of Liability

To the maximum extent permitted by law, Lush Design LLC and our directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost data, replacement costs, or any similar damages arising out of or related to your use of the website, services, or products, even if advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Lush Design LLC and our affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or any policies they incorporate, or your violation of any law or the rights of a third party.

16. Dispute Resolution, Arbitration & Class Action Waiver

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to your use of the website, our products, these Terms, or any related policies shall be resolved through individual binding arbitration, rather than in court, except that you may assert qualifying claims in small claims court.

Arbitration shall be conducted on an individual basis only. You agree that you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation of proceedings with other arbitrations are not permitted.

The arbitration shall be administered by a recognized arbitration provider under its applicable rules. The place of arbitration shall be in the Commonwealth of Virginia, unless otherwise required by law. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

If any portion of this arbitration section is found unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect, except that the entire section shall be unenforceable if the class action waiver is deemed invalid or unenforceable.

Nothing in this section limits either party’s right to seek injunctive or other equitable relief for alleged infringement of intellectual property rights.

17. Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to conflict of law principles.

18. Severability & No Waiver

If any provision of these Terms 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.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Changes to These Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of the website or our Services after any changes are posted constitutes acceptance of those changes.

20. Contact Information

Questions about these Terms of Service should be sent to us at lushdesignllc@gmail.com.