Terms & Conditions

Section 1 — Who We Are

This website is operated by Lush Creations Inc., operating as Lushdoll. You can find our company information at the end of this document.

Section 2 — About This Document

These Terms & Conditions govern your use of our website and services, including any purchases made through this site. By using this website, you agree to all applicable terms within this policy. This policy applies to all visitors, users, purchases, agreements, and contracts made after the effective date displayed at the bottom of this document. You will be bound by these terms if you use our website after the effective date shown.

Please review all applicable terms carefully and save a copy for your records, as we do not keep a transaction-specific copy. These terms are available in English only.

Section 3 — Changes to These Terms and Conditions

We may update or change these Terms & Conditions at any time without notice. Please review them regularly. This policy replaces any previous Terms & Conditions or conflicting information on our website, including communications with our support staff regarding the subject matter. Any other policies, writings, or agreements will no longer be valid.

Section 4 — Prohibited Actions on Our Site

You agree not to engage in the following activities on our website. We reserve the right to refuse service to anyone engaging in the following activities:

• Violate any laws or infringe on others' rights.
• Post, store, display, or link to unlawful, infringing, or inappropriate content.
• Harass, abuse or victimize others or our staff.
• Use offensive, obscene, abusive, discriminatory, or otherwise inappropriate language or images.
• Mislead or deceive anyone.
• Provide someone else's personal information unless they are over 18 and you have their written consent or are otherwise legally permitted.
• Impersonate any person or entity.
• Communicate with us via live chat or otherwise without a genuine intention to purchase (e.g., competitors posing as customers).
• Use the website to compete with us or infringe our rights.
• Use the service for commercial purposes.
• Disrupt our website with spam, viruses, or phishing.
• Interfere with or damage our website or gain unauthorized access to any part of our system, data, or passwords.
• Intercept or modify communications.
• Impose an unreasonable load on our website.
• Circumvent any security features, including those preventing content copying.
• Attempt, encourage, or assist in any of the above activities.

Section 5 — Content on Our Site

If you provide content, you are responsible for it. You agree that you have (and will maintain) all rights necessary to allow us to use it in accordance with these terms and conditions. If you post a review, rating, or comment, you promise that it is your independent, honest, and genuine opinion. We reserve the right to use your reviews in any of our marketing materials.

You acknowledge that any information published on or via our site by other users is the sole responsibility of the person from whom such content originated, and we are not responsible for it. We do not guarantee that any guidance or similar information that we may make available on our website is accurate or up to date. You rely on it at your own risk.

We reserve the right (without notifying you) to reject, suspend, alter, remove, or delete content for any reason. We may also disclose content or behaviour to the relevant authorities or complainants if legally permitted.

Section 6 — Legal Responsibility and Limitation of Liability

Nothing in this agreement limits or excludes our liability for negligence causing death or personal injury, fraud or fraudulent misrepresentation, or anything that cannot be legally excluded or limited. In this section, any reference to "us" includes our employees, agents, or team members who have the right to enforce this agreement.

We are legally obligated to supply goods that conform to the contract. This agreement does not affect your legal rights regarding goods that do not conform to the contract due to being faulty or not as described. You can seek advice about your legal rights from your local consumer protection office or equivalent authority.

If you are a consumer, we are not responsible for any loss or damage where:

• There is no breach of a legal duty owed to you by us.
• Such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract).
• Such loss or damage is your fault, for example, by not complying with this agreement.
• Such loss or damage relates to a business.

If you are a consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by others) resulting from your breach of this agreement.

The following clauses apply only if you are a business:

• In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of such losses): economic losses (including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings); loss of goodwill or reputation; special, indirect, or consequential losses; or damage to or loss of data.
• You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
• To the extent allowed by law, you and we exclude all terms, whether imposed by statute, law, or otherwise, that are not expressly stated in this agreement.

In addition, we are not liable for any indirect, incidental, or consequential damages arising from your use of our website or purchase of our products. Our total liability to you for any claim arising out of or in connection with these terms shall not exceed the amount you paid for the products in question.

Section 7 — Intellectual Property Rights

We own the intellectual property rights in all material used on or in connection with our website. You may view such material on your device for your personal use only. You must not otherwise use such material, including copying, publishing, selling, altering it, or taking extracts from it without our specific prior written consent.

To clarify, any third party must not steal or replicate any unique content from our website, including text, images, design, and layout. We will take firm action if this happens.

Additionally, you must not collect, scrape, harvest, frame, or deep-link to any information on our website without our specific prior written consent.

If you believe that any content on our website infringes your intellectual property rights, please contact us with detailed information. We will review your claim and take appropriate action, which may include removing the infringing content.

Section 8 — Website Functionality and Changes to Services

We do not guarantee that our website will be uninterrupted or error-free, and we are not responsible for any losses arising from such errors or interruptions. We reserve the right, without notice and without liability, to (a) suspend the website for repair, maintenance, improvement, or other technical reasons and (b) make changes to our website, product offerings, prices, and policies at any time without prior notice. We will notify you of significant changes that affect your use of our services.

Section 9 — Things We Can't Control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by circumstances beyond our reasonable control, including third-party telecommunication failures, epidemics/pandemics, political conflicts, natural disasters, etc.

Section 10 — Your Personal Information

Our Privacy Policy outlines how we collect, use, and share your personal information. You agree that we can manage your personal information in accordance with our Privacy Policy. Our Privacy Policy is subject to change without notice. For more information, please review our Privacy Policy.

Section 11 — Governing Law and Dispute Resolution

11.1. These terms and conditions are governed by US law, and any disputes will be resolved exclusively by the courts of the United States. You will benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.

11.2. If any disputes cannot be resolved amicably through friendly negotiation, both parties agree to seek mediation or arbitration before resorting to court action.

Section 12 — General but Important Information

We may send all notices under this agreement by email to the most recent email address you have provided us. You can send notices to our email address listed below. The headings used in this agreement are for your convenience and are not binding. If any part of this agreement is found to be unenforceable or invalid, the remaining terms will still apply. The unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original provision.

If either party overlooks any breach of this agreement by the other, it can still be addressed later. A person who is not a party to this agreement cannot enforce it unless the agreement specifically states otherwise. The parties are independent contractors, and except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee, or representative of the other.

Section 13 — User Responsibilities

As a user, you are responsible for keeping your account information secure, ensuring the accuracy of order details, and complying with all applicable laws when using our website.

Section 14 — Creating an Account on Our Site

If we permit you to create an account on our website, this is for your personal use only. You must not allow anyone else to use your account. You agree to take reasonable care to keep your login information confidential and to inform us immediately of any apparent breach of security, such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault). We are entitled at any time, for any reason and with or without notice, to close your account on our site and to delete all data contained in it.

Section 15 — Who Can Buy on Our Site

You must not buy or attempt to buy any goods via this site if you are under 18 years of age. We are entitled to take whichever age verification steps we think appropriate and to cancel any purchase if we believe that you may be under 18. You are not allowed to buy any goods via this site if your main purpose is to use them to infringe on our intellectual property or other legal rights. You are not allowed to buy any goods via this site if it is unlawful for you to buy or use the goods within, or to import them into, your country.

Section 16 — Giving Us Accurate Information

You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you inform us immediately if there are any changes.

Section 17 — How You Enter a Legal Contract With Us

If you place an order with us or make an offer to purchase from us, you confirm and acknowledge your understanding and acceptance of the Terms & Conditions within this policy. These Terms & Conditions are permanently available on our website and a copy is provided to you at the time of purchase. You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart, completing the required steps during checkout and submitting your order via our website.

After we received your offer to purchase, you entered a legally binding contract. We will send you an order confirmation email with a copy of the Terms & Conditions attached to confirm the contract.

We are not obliged to supply any goods which are currently unavailable or out of stock, even if we have received your offer. We will notify you of the unavailability as soon as possible and either offer an alternative product or offer to cancel the order and arrange a refund if necessary. The contract is completed when all goods within the contract are paid for in full and delivered to the given address.

Section 18 — Payment

We accept various payment methods including credit or debit card and PayPal. We may accept other payment methods for some countries, please contact our team to confirm your preferred payment method.

Payment must be received in full before we dispatch any goods. We will not ship any items until payment has cleared. Doll prices typically include standard shipping costs unless otherwise stated and subject to country-specific additional charges. Customers in countries where pre-paid customs fees are not available may need to pay additional fees to their local courier upon delivery. Please refer to our Shipping & Delivery page for more information.

If there is a pricing error or if an item is purchased at an incorrect discounted price due to a technical error, we are not obligated to honour that price. In such cases, we will inform you of the mistake and provide the option to purchase the item at the correct price or remove it from your order. Alternatively, we may offer to cancel the order and refund any payments made. If you wish to dispute a payment, please contact us immediately with full details. If any payment due to us is unpaid or unjustifiably charged back, we may terminate this contract by giving you written notice (including via email). You agree to adhere to the Terms and Conditions of any payment providers used on our site. We are not responsible for the actions or omissions of these providers.

Section 19 — Discount Codes, Sales & Promotions

We may offer discount codes and promotions periodically. Discount codes can be either percentage-based or fixed-rate.

Discount codes are valid only for the account to which they were issued and cannot be transferred or redeemed for cash unless explicitly stated otherwise. Discount codes are only valid for future purchases and cannot be used retrospectively, can only be redeemed once per customer, and expire after a specific period.

Only one discount code can be used per transaction unless stated otherwise; the order of application for multiple codes is at our discretion.

We reserve the right to reject any discount code if we suspect misuse. Discount codes are subject to additional Terms and Conditions specified at the time of issuance. We may discontinue or modify discount codes at any time without prior notice. Sharing or posting our discount codes online is prohibited. All sales and promotions are subject to change without notice.

Section 20 — Making Changes to the Product

Any changes to your order may incur additional costs. Minor changes to the product, such as changes to wigs, eyes, fingernail color, nipple color, vagina color, and make-up, will be considered on an individual basis, only if requested before shipping. While we will try to accommodate all minor change requests, some may be rejected. Major changes, such as modifications to the head, body, vagina type, breast type, skeleton type, body heating, articulated fingers, feet type, and skin color, may incur significant additional fees and delays. We may reject major change requests if they are not feasible.

You are responsible for the final appearance of your customized product. We are not liable for dissatisfaction resulting from your customization choices.

Section 21 — Delivery

Delivery is considered complete when the goods arrive at the address provided in your order. Parts of your order may be delivered on different dates or in multiple packages. We handle customs and import paperwork whenever possible. International shipments may involve transfers between couriers, and tracking numbers might not update until the package arrives in the destination country. This does not mean the product has not been shipped; it means it is in transit.

Delivery is subject to geographical and other restrictions. We reserve the right to cancel orders for delivery to locations outside our normal delivery area, even if a contract is in place. Additional shipping costs may apply for remote locations or locations outside our usual areas.

Delivery times are estimates and vary by destination. They are subject to delays beyond our control, such as the time of year, geographical location, political climate, holidays, pandemics, natural disasters, or other unspecified delays. We are not responsible for delays due to these circumstances.

You are responsible for providing accurate delivery information. We are not responsible for delays if you provide inadequate delivery instructions or if your unique circumstances have not given us reasonable time to deliver your package. While we await your comments on factory photos or change requests, this may cause production and delivery delays.

You agree to be reasonably available for delivery. If you receive a notification of an unsuccessful delivery attempt, you must contact the courier immediately to arrange re-delivery. If nobody is available to receive the goods at the time of delivery, the courier may leave them in a safe place. Failure to comply with delivery arrangements may result in additional fees, which you will be responsible for paying before we re-arrange delivery or deduct from any outstanding refund due.

If your product is returned to sender due to your failure to be available for delivery, you may be charged additional fees.

If the product is rejected or returned to sender for any reason without our prior written agreement, you will be voluntarily forfeiting the order and will not receive a refund. Please contact us to discuss any delivery issues before taking such actions.

For more information, please see our Shipping & Delivery page.

Section 22 — Product Expectations

We do not supply replicas or counterfeit items. We make every effort to ensure the images on our website accurately represent the appearance, color, texture, and finish of our products. However, images, videos, and other media on our website are intended as general guides only. Minor differences may occur between the goods received and their depiction in professional images due to factors such as lighting, camera equipment, professional styling, and editing.

Our products are finished by hand, making each item unique. Handmade goods may have imperfections which are not considered damage and do not affect usability. These may include skin blemishes, marks, compression marks, dents, micro-cuts, mold injection sites, seam lines, variations in the skin's surface, loose eyelashes, and loose fingernails, among other minor imperfections.

For customized products, we provide photos before shipment, requiring your approval. By approving these photos, you confirm that the product matches your order specifications and is exactly as described. Your approval voids any subsequent claims that the item is not as described.

If specific customization options are not selected during your order, our team will apply the default options for those features. For example, if the areola color is not specified, we will use our standard areola color. This applies to all customizable features—if you do not explicitly choose an option, we will revert to our default options. By placing an order without specific customization requests, you agree to use our default options.

Measurements, specifications, and descriptions on our website serve as general guidelines only and may contain discrepancies. While we strive for accuracy, we are not liable for any issues arising from inaccuracies. We advise against purchasing clothing or shoes for your doll before it arrives due to potential sizing variations. Additionally, some of our products are very heavy, and we do not offer refunds due to the weight of your doll. Please ensure you have reviewed, understand, and accept the weight of your doll before purchasing.

Section 22a — Factory Photos

If your order includes a customized product, we will send factory photos of the finished item to your provided email address. To proceed with shipment, these photos must be approved by you.

Please provide your feedback and approval using the feedback form we'll include with the photos. Note that waiting for your approval may extend the estimated production and delivery timeline.

You have 7 days to review and respond. If we don't hear from you within 7 days, we will assume your consent to approve the photos on your behalf, and you will take full responsibility for this approval. In this case, we cannot be held responsible if the product does not meet your expectations.

By approving the photos or allowing us to approve them on your behalf, you confirm that the product meets your order specifications and is as described. This approval finalizes your order and voids any future claims that the item does not match the description.

Section 23 — Accepting the Goods

It is crucial to report any concerns regarding the product's condition immediately after the initial inspection and before further use.

Please refer to Section 2 of our Refund Policy for more information on damage and/or faults.

Section 24 — Ownership of Goods

You become the legal owner of the goods once payment, including any outstanding delivery charges or extra services, is received in full, and the goods have been delivered. Until these conditions are met, we retain ownership and may withhold any items at our discretion.

If you receive goods without making full payment, we are entitled to take reasonable steps to ensure payment is made in full.

Section 25 — Payment Disputes

Initiating a chargeback without returning the purchased goods is considered unlawful and void. Retaining goods while attempting a chargeback constitutes fraudulent behaviour. If you wish to dispute a payment, you must return the goods in their new, unused, and original condition first. Failure to return the goods before opening a chargeback invalidates the chargeback.

If you fail to return the goods before initiating a chargeback or payment reversal, we reserve the right to collect the goods in their new, unused condition. You are liable for any costs associated with such collection. We also reserve the right to charge you for any diminished value of the goods resulting from excessive handling.

You must make the goods reasonably available for collection. Failure to do so may result in your acceptance of the goods and being liable for full payment.

If the goods have been used, unboxed, or unsealed, we reserve the right to collect payment in full. You are liable for any costs associated with such collection.

For custom-made orders, if you have approved factory photos, or if we have approved photos on your behalf, then you agree that the goods are exactly as described and forfeit your right to later claim the item is "not as described." We reserve the right to reject any chargebacks on this basis.

If you are awarded a chargeback that we believe is unlawful or unjustified, we reserve the right to expedite the case to legal action to collect payment in full. This clause overrides Section 11.2. Information on fraudulent chargebacks and retention of goods will be reported to your financial provider, bank, and relevant authorities in compliance with applicable laws and regulations.

These conditions provide evidence against unlawful chargeback attempts. This policy complies with applicable consumer laws, ensuring fair practice and protection for both the consumer and our business. These conditions do not affect your statutory rights as a consumer.

Section 26 — Delivery of Goods Outside of the Contract

If we mistakenly deliver a quantity of goods greater than what was agreed upon, or if we deliver any goods not included in the contract, you have the right to accept the contracted goods and reject the rest. However, if you unbox, unseal, use, clean, tamper with, or alter the goods not included in the contract, you are accepting delivery of those goods.

If you accept delivery of these goods, you are responsible for full payment at the contracted rate displayed on our website for any items delivered without full payment or any items outside the contract. This includes items acquired without payment due to a website error, invalid vouchers, website manipulation, administrative error, packing error, or reversing payment. We will take reasonable steps to ensure payment is made in full and reserve the right to proceed directly with legal proceedings to collect payment. This clause overrides clause 11.2.

If you reject the delivered goods outside the contract, you must notify us within 48 hours of delivery, and you must make the goods reasonably available for collection. Failure to make the goods available for collection or failure to notify us within this timeframe may result in you being liable for full payment in addition to any other costs incurred during the attempted collection.

Section 27 — Right to Cancel and Returns

While customers in some regions may have the right to return products within 14 days, this right does not apply to products that are customized, personalized, or made to order.

For more information on our cancellation policy, please see our Refund Policy.

Section 28 — Termination of Contract

We reserve the right to terminate this contract at any time, including withholding the delivery of goods if: (a) you or anyone on your behalf acts inappropriately towards us, our staff, our customers, or any associated parties, or (b) we deem it necessary to protect ourselves, you, or others. In some cases, you may be charged a restocking or cancellation fee.

Section 29 — Transferring This Contract to Someone Else

We may transfer all or part of our rights or obligations under this agreement, provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or obligations under it without our prior written consent.

Section 30 — Complaints

If you have complaints about our policies, practices, products or services, please contact us using the details below.

Section 31 — Information About Us

Company name: Lush Creations Inc.

Trading name: "Lushdoll"

Country of incorporation: United States

Email: support@lushdolll.com

Published: 10th June 2024