Terms & Conditions

 

In using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; LA RUSH SWIMWEAR LIMITED, Registered in England with the Company number 10430851. Located at Kemp House, 152-160 City Road, London EC1V 2NX.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

 

SALES CONTRACT

  1. Orders placed by you on the website www.larushswim.com (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.

  2. You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.

  3. If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.

  4. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

ORDER PLACEMENT

  1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.

  2. After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

  3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.

  4. If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.

 

PAYMENT

  1. We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.

  2. Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.

  3. Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.

  4. All payments are processed through third party payment gateways using Square. We do not store credit card details nor do we share customer details with any 3rd parties.

 

PRICING AND VAT

All prices stated on this website include and are subject to the current rate of UK VAT at the then prevailing rate. However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

  1. VAT is not charged on orders outside the European Union.

DELIVERY

  1. Deliveries are made to the delivery address given at time of order.  Customer accepts full responsibility for ensuring accuracy of information provided.

  2. You accept and agree that we will not be held liable for deliveries that are delayed.

  3. You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.

WARRANTY

This warranty is valid only to the original purchaser when a new piece is purchased from us.

  1. This warranty is invalidated if you allow a third party to repair or attempt to repair any item.

  2. In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.

  3. This warranty does not cover expenses incurred by you due to a lack of proper care of your product.

  4. Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.

  5. Please notify L.A. Rush within 14 days of purchase in the event that you wish to claim a replacement for a defect.

LIMITATION OF LIABILITY

As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

  1. Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:

  1. provided that this shall be subject to an overall limit of the total amount paid to LA RUSH SWIMWEAR LIMITED under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.

  2. The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)

  3. Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:

  1. loss of profits;

  2. loss of business opportunity;

  3. loss of goodwill;

  4. loss of data;

  5. loss of anticipated savings; or

  6. any special, indirect or consequential loss or damage whatsoever.

  1. The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.

  2. Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:

  1. fraud or fraudulent misrepresentation; or

  2. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Consumer Rights Act 2015; or

  3. any other liability to the extent the same cannot be excluded or limited by law.

 

FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

  1. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. strikes, lock-outs or other industrial action;

  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  5. impossibility of the use of public or private telecommunications networks;

  6. the acts, decrees, legislation, regulations or restrictions of any government; and

  7. pandemic or epidemic.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

RETURNS & REFUNDS

Our Returns Policy applies to all purchases made on L.A. Rush and are incorporated by reference in these Terms.

Returns and Exchange Policy

If you are not entirely satisfied with the product purchased, you can return within the ‘cooling off’ period of 30 days, this applied to both UK and international orders for a refund or exchange.

You may decide whether to return an item to us for a refund or exchange but your return must be post-marked (in the mail) within 30 days. The value of the refund or exchange is limited to the total cost of the returned item(s).

  1. If you wish to return a Product to us, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.

  2. To initiate a return within 30 days of the receipt of your goods, the following process must be followed:

  1. To initiate a return within 30 days  of the receipt of your goods, please head to www.larushswim.com/returns

  2. Return all original packaging,

  3. Address your package after receiving details from us as to the returns address.

  4. Contact us if your item is faulty/wrong.

  5. Quality checking/assessment will take place once the item(s) are received.

  6. Once received and checked you will receive an email (quoting your Returns reference number) which will confirm any further course of action if necessary.

  7. We will refund any money received from you equivalent to the full cost of the item(s) and the outbound, least expensive common delivery method. Refunds can only be issued using the same method originally used by you to pay for your purchase (i.e. Card, Paypal, ClearPay, Mobile Wallet).

COPYRIGHT

This website and its content is copyright of LA RUSH SWIMWEAR LIMITED. All rights reserved.

INTELLECTUAL PROPERTY

LA RUSH SWIMWEAR LIMITED respects and rigorously abides by intellectual property laws. Accordingly, LA RUSH SWIMWEAR LIMITED rightfully expects the same of all parties who use our website. LA RUSH SWIMWEAR and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Any unauthorized use of LA RUSH SWIMWEAR LIMITED).’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features(LA RUSH SWIMWEAR LIMITED) Proprietary Property") without the prior written permission of LA RUSH SWIMWEAR LIMITED) is strictly prohibited. If you infringe upon LA RUSH SWIMWEAR LIMITED’s rights with respect to any LA RUSH SWIMEAR LIMITED Proprietary Property, you will be ordered to cease such illegal activity and you may be liable LA RUSH SWIMWEAR LIMITE for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.

If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at:   hello@larushswim.com

We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.

GOVERNANCE

These Terms and Conditions and your use of this site will be governed by and construed in accordance with English Law.

Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.

CONTACT INFORMATION

Questions about these terms and conditions should be directed to hello@larushswim.com

 

PROJECT ASSIGNMENT CONDITIONS

DEFINITION AND INTERPRETATION 

  1. 1.1    In these Conditions the following definitions apply:

  1. "Business Day" means a day other than a Saturday, Sunday or bank or public holiday in England;

 

"Company" means LA RUSH SWIMWEAR LIMITED a private limited company incorporated in England (Company Number: 10430851 whose registered office is Kemp House, 152-160 City Road, London EC1V 2NX.

 

"Company Products" means those Products which are manufactured by the Company and marketed by L.A.Rush including but not limited to the garments specified in the Project Assignment;

 

"Competing Products" means any Product other than a Company Product;

 

"Competitor" means any company listed in the Project Assignment;

 

"Fees" means the sums set out in clause 5 of the relevant Project Assignment;

  

"L.A. Rush" means the online fashion business of that name owned and operated by the Company;

 

"Products" means fashion and leisure wear created, manufactured and sold by L.A Rush;

 

"Project Assignment" means a document to be agreed in writing by the parties and which shall set out the detail of the Services to be performed by the Influencer, including the Fees to be paid for the Services;

 

"Services" means the services to be provided by the Influencer as set out in the relevant Project Assignment(s);

 

"Term" means the period specified in the Project Assignment);

LIMITATION OF LIABILITY 

  1. Nothing in this Contract shall limit or exclude either party's liability for death or personal injury resulting from negligence, for fraud, or for any other liability which cannot be excluded by applicable law.

  2. Any unauthorized use of LA RUSH SWIMWEAR LIMITED.’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features (LA RUSH SWIMWEAR LIMITED) Proprietary Property") without the prior written permission of LA RUSH SWIMWEAR LIMITED is strictly prohibited. If you infringe upon LA RUSH SWIMWEAR LIMITED.’s rights with respect to any LA RUSH SWIMWEAR LIMITED Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to LA RUSH SWIMWEAR LIMITED for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.

 

SALES/PROMOTIONS

 

SALE/PROMOTIONAL CODES


Student Discount (UNiDAYS & Student Beans)
15% off discount applied at checkout upon entering code provided by UNiDAYS and Student Beans. One time usage. Cannot be used in conjunction with any other discounts, offers or promotions.Excludes sale and any new collections that have gone live on the site within the last 4 weeks. Code can only be used on 6 items max.  L.A. Rush reserves the right to modify or cancel this promotion at any time without notice.

 

Email promotion - 10% OFF
10% off discount applied at checkout upon entering code provided. One time usage. Cannot be used in conjunction with any other discounts, offers or promotions. Excludes outlet, gift cards and delivery charges. L.A. Rushreserves the right to modify or cancel this promotion at any time without notice.