Terms & Conditions

Conditions Relating to your use of luckylips.in

This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000"), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.luckylips.in (website)

The domain name www.luckylips.in (hereinafter referred to as 'Website') is owned by Luckylips Retail India Private Limited (hereinafter referred to as 'Luckylips'), a company incorporated under the Companies Act, 2013, with its Registered Office at C-501, Pramukh Exotica, Kudasan, Gandhinagar-382421, Gujarat, India.

Your use of the Website services and tools is governed by the following Terms and Conditions (hereafter called 'ToU') including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Luckylips, and these terms and conditions including the policies constitute your binding obligations to Luckylips.

When you use any of the services provided by us through the Website including our App, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered as a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

Membership Eligibility

Use of the Site and app is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is above 18 years.

www.luckylips.in reserves the right to terminate your membership and refuse to provide you with access to the site if Luckylips.in discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Luckylips.in makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Luckylips.in will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Luckylips you agree to be bound by the Terms and Conditions.

Modifications

Luckylips reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.

Your Account

If you use the website and app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or phone to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. Luckylips.in reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

Privacy

Please review our Privacy Policy, which also governs your visit to Luckylips.in and Luckylips app, to understand our practices. The personal information / data provided to us during the course of usage of Luckylips will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website or app.

Access to Luckylips.in and Luckylips app

We will do our utmost to ensure that availability of the website and app will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

License for website and app access

Luckylips grants you a limited license to access and make personal use of this website and app, this license does not include any resale or commercial use of this website or app or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website or app (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Luckylips or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Luckylips and its affiliates without express written consent. You may not use any meta tags or any other 'hidden text' utilizing Luckylips' or its affiliates' names or trademarks without the express written consent of Luckylips and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Luckylips/or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Luckylips.in as long as the link does not portray Luckylips, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Luckylips logo or other proprietary graphic or trademark as part of the link without express written consent of Luckylips or its affiliates, as may be applicable.

Pricing Information

While Luckylips.in shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. Luckylips cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Luckylips shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Luckylips may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Luckylips will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. In the event that Luckylips accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Luckylips dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your account.

Promotion Offers

These terms and conditions apply to promotions where you must redeem a promotional code as a part of the offer and where no alternative terms and conditions apply.

  • This is a limited time offer.
  • This coupon code is valid till 30/09/2017
  • Luckylips reserves the right to modify or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the order at any time.
  • Offer applies only to new products sold and shipped by Luckylips.in or digital content sold and delivered by Luckylips Retail India Pvt. Ltd
  • Offer limited to one per customer and account.
  • Cannot be applied to previously placed orders
  • Offer may not be combined with other offers
  • To apply a promo code, you must enter it prior to completing the order.
  • Shipping charges may apply to discounted and free promotional items.
  • If the offer has a minimum purchase requirement, taxes, shipping and handling, and gift wrap do not apply when determining the minimum purchase amount.
  • Offer is non-transferrable and may not be resold.
  • If any of the products or content related to an offer are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
  • Offer discount will be allocated proportionally among all promotional items in your order.
  • If you violate any of the offer terms, the offer will be invalid.

From time to time, we may provide a free sample or gift along with your orders which are eligible for the offer. These samples/gifts will not be eligible for return or replacement under any circumstances.

Luckylips reserves the sole/ exclusive right to disqualify any Card Holder/s from the benefits of the Offer if any fraudulent activity is identified as being carried out by the Card Holder/s for the purpose of availing the benefits under this offer or otherwise

If you have any questions regarding these Terms and Conditions, please email us at info@luckylips.in

Your Conduct

You must not use the website or app in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Luckylips, are responsible for all electronic communications and content sent from your computer and you must use the website for lawful purposes only. You must not use the website or app for any of the following

For fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam to cause annoyance, inconvenience or needless anxiety.

Reviews, comments, communications and other content

Users of this website or app may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam.' In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Luckylips.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Luckylips violates these Conditions of use and, or terminate your permission to access or use this website. If you do post content or submit material and unless we indicate otherwise, you

(a) grant Luckylips and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) Luckylips and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Luckylips, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Luckylips: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable policies of Luckylips or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Luckylips Retail India Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

Claims against Objectionable Content

Because Luckylips offer more than hundred of products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Luckylips operates on a 'notice and takedown' basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ('Objectionable Content '), please notify us immediately for objectionable Content. Luckylips will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Luckylips, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Luckylips and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Luckylips its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract or re-utilise parts of the contents of the website without Luckylips and/or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Luckylips and/or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Luckylips and / or its affiliates (as may be applicable) express written consent.

Intellectual Property Claims

Luckylips and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please inform us regarding such matter.

Trademarks

LUCKYLIPS and other marks indicated on our website are trademarks or registered trademarks of Luckylips.in. Luckylips' graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Luckylips. Luckylips' trademarks and trade address may not be used in connection with any product or service that is not Luckylips', in any manner that is likely to cause confusion among customer, or in any manner that disparages or discredits Luckylips. All other trademarks not owned by Luckylips that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luckylips.

Children

Use of Luckylips is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Luckylips only with the involvement of a parent or guardian.

Other Businesses

Parties other than Luckylips and its affiliates may operate stores, provide services, or sell products on Luckylips. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating and we do not warrant or endorse the offerings of any of these businesses or individuals or the content of their websites. Luckylips does not assume any responsibility or liability for the actions, products and content of any of these and any other third-parties. You can ask when a third-party is involved in your transactions and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

Communications

When you visit Luckylips or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail from us with respect to your order.

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies and Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order the goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Indemnity and Release

You shall indemnify and hold harmless Luckylips, its subsidiaries, affiliates and their respective officers, directors, agents and employees from any claim or demand or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Luckylips and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Limited liability for the product

Company is not responsible for any adverse effect/side effect/disease shall arise due to use of all type of hygiene and cosmetics products and free products/samples sold by Luckylips.in, if any customer suffered, any claim for compensation & refund shall not be entertained by the company, as company is selling well known product of the manufacturer so all the complaint and claim shall be demanded directly from the manufacturer only. Further, after sales the entire warrantee and guarantee will be claim from manufacturer of the product, all the claim shall be directly demanded from manufacturer only, luckylips is not responsible for any claim.

Non Availability, Price revision of ordered products, Change of Product

If any product will not be available in the market or manufacturer has close down that particular product or manufacturer has changed the pack size in terms of quantity or government restriction, any of these said case the company is not responsible to deliver specific product ordered by customer, the company shall provide the optional product which is/are similar to it, the customer has to accept that similar product. Further, any denial by customer for acceptance of similar product, the company will not refund any amount to the customer.

Company can change/replace/reduce/stop/cancel the free item(s) at any time. Any free items shown in our website may very time to time.

  • In case the ordered product is not-available with us or there is price revision in the ordered product, it will be communicated to the customers for further step or the refund will be initiated for that product. We will not be responsible to pay the refund with interest for the products' non-availability or price revision.
  • Non availability of product
  • Free items

Our Referral Policy

We provide referral service as per our policy, when you referred your friends/relatives/other customers by using the referral code; when referred customer purchase the product of specific amount from our website or app and they accept delivery of the product, then you are eligible to get referral amount/gift item to your account, you can use the referral credit for purchase of any item from our store. As per our policy the referred customer shall be new customer/new user only (e.g. should not be our existing customer). Luckylips has right to change the referral policy any time. You are advice to check the referral policy time to time.

Validity of referral credit

Recipient and sender can use referral credit amount any time of ongoing offer period.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Force Majeure

Neither Luckylips shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, Terrorism, War, Political Insurgence, Insurrection, Riot, Civil Unrest, Act of Civil or Military Authority, Uprising, Earthquake, Flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Dispute and Arbitration

All customer complaint shall be resolved quickly by contacting our customer service department at support@lucklips.in. In the unlikely event that our Customer Care Department is unable to resolve a complaint, you may have to your satisfaction (or if we have not been able to resolve a dispute after attempting to do so informally), we agree to resolve those disputes arising out of this agreement (OTHER THAN THOSE RELATED TO THE LUCKYLIPS STORE ENFORCEMENT AND PROTECTION OF ITS INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims by arbitration instead of in the courts of jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) you also assert claims against us in the same proceeding.

In case amicable settlement cannot be reached, the Courts in Gandhinagar Shall Have Exclusive Jurisdiction and shall be the proper forum for any action brought by a Party against the other Party. Each party irrevocably and unconditionally submits to the jurisdiction of the Gandhinagar courts only.

Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products nor hereby expressly disclaim and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content of this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.

Luckylips Software Terms (For Mobile App)

Use of the Luckylips Software

You may use Luckylips Software solely for purposes of enabling you to use and enjoy the Luckylips Services and as permitted by the Conditions of Use, these Luckylips Software Terms and any other Terms. You may not incorporate any portion of the Luckylips Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Luckylips Software or otherwise assign any rights to the Luckylips Software in whole or in part. You may not use the Luckylips Software for any illegal purpose. We may cease providing any Luckylips Software and we may terminate your right to use any Luckylips Software at any time. Your rights to use the Luckylips Software will automatically terminate without notice from us if you fail to comply with any of these Luckylips Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Luckylips Software that are specifically identified in related documentation may apply to that Luckylips Software (or software incorporated with the Luckylips Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Luckylips Service is the property of Luckylips and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

Use of Third Party Services

When you use the Luckylips Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use of these third parties.

No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Luckylips Software, whether in whole or in part, or create any derivative works from or of the Luckylips Software.

Updates

In order to keep the Luckylips Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.