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Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR (“you”, “your”) ACCESS TO, USE OF, AND PURCHASE FROM LULULEMON HK LIMITED, OR AS APPLICABLE ITS AFFILIATES (“lululemon”, “we”, “our”, “us”) THROUGH OUR WEBSITES ACCESSIBLE VIA WWW.LULULEMON.COM.HK (the “Site”, “Sites”) AND OUR APPLICATIONS (together, the “Platform”): THE TERMS OF USE (see Section A), TERMS OF SALE (see Section B), GIFT CARD TERMS (see Section C), PRIVACY POLICY, COOKIE POLICY, RETURN POLICY, CANCELLATION POLICY, AND ANY OTHER POLICIES OR DOCUMENTS REFERENCED IN ANY OF THE ABOVE (collectively, the “Terms”).

These Terms contain the following terms and conditions sections:

A. General Terms of Use
B. Terms of Sale
C. Gift Card Terms
 

LULULEMON, AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO OUR PLATFORM, CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS SECTION A (the “Terms of Use”).

FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE PLATFORM THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.

1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND LULULEMON'S PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE LULULEMON PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO ACCESS AND USE THE PLATFORM. YOUR USE OF THE PLATFORM SHALL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

LULULEMON MAY, IN ITS SOLE DISCRETION, CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL OR SMS NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. IF YOU DO NOT CEASE USING THE PLATFORM, YOU WILL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS/CHANGE.

These Terms of Use do not alter in any way the terms or conditions of anyOur Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform. Notwithstanding anything else to the contrary contained in these Terms of Use, lululemon’s use of any personally identifiable information (name, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding lululemon’s protection of your personal information, please refer to our Privacy Policy.

You are expected to check this page from time to time to take notice of any changes lululemon has made, as they are binding on you.

These Terms of Use were updated as of June 1st, 2023


2. Use and Restrictions.

The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, and who are not barred from using the Platform under applicable laws.

The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that, if you violate any applicable laws and regulations or these Terms of Use, lululemon, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform

You further agree that you will not:

(a) resell for commercial purposes products purchased through use of the Platform or, as applicable, from a retail store;

(b) commercially sell, resell, distribute, or frame the Platform or Content therein;

(c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

(d) collect or use any product listings or descriptions;

(e) use any data mining, robots, or similar data gathering and extraction methods on the Platform;

(f) other than for your use of the Platform as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way;

(g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform;

(h) use, frame or utilize framing techniques to enclose any lululemon trademark, logo or other proprietary information (including the images found on the Platform, the content of any text or the layout/design of any page or form contained on a page) without lululemon’s express written consent;

(i) use any meta tags or any other “hidden text” utilizing a lululemon name, trademark, or product name without lululemon’s express written consent;

(j) breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer or database connected to our Platform;

(k) transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;

(l) access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms of Use; or

(m) attack our Platform via a denial or service attack or distributed denial or service attack.

Any unauthorized use of the Platform will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Platform, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. Copyright

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of lululemon and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with lululemon's express written consent. Other than as necessary for your use of the Platform in accordance with these Terms of Use, lululemon grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by lululemon's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smartphone, tablet or other medium for publication or distribution or for any commercial enterprise, without lululemon’s express prior written consent.

If you print, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at lululemon’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the Sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. lululemon’s status (and that of any identified contributors) as the authors of material on the Platform must always be acknowledged.

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Platform are proprietary to lululemon or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of lululemon or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lululemon.

5. Copyright and Trademark Infringements

Notification:

lululemon respects the intellectual property rights of others, and we ask you to do the same. lululemon may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide lululemon's designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Platform, and information reasonably sufficient to permit lululemon to locate the material.

Information reasonably sufficient to permit lululemon to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

lululemon's agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:

By email: [email protected]

By mail:
Attention: Brand Protection
1818 Cornwall Ave
Vancouver, BC
V6J 1C7
Canada

Please also note that for copyright infringements, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.

6. Your Account

If you purchase products or services through your account using the Platform, you may be prompted to establish an account with lululemon, and at your discretion may choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.

You agree to immediately notify lululemon of any unauthorized use of your password or account or any other breach of security by contacting the Guest Education Center ("GEC"). We have the right to disable any account or password at any time, for any reason.

Please refer to our Privacy Policy for information about the circumstances in which we may lawfully collect, access and disclose personal information you provide to us, including when we are required to do so or otherwise when we may do so in order to protect the rights of lululemon or another party. You acknowledge and agree that lululemon may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if lululemon is required to do so by law or legal process or if lululemon determines, in its sole discretion, that such action is necessary to protect the rights of lululemon, third parties, and other users of the Platform or for purposes of responding to your request for customer service. lululemon’s right to disclose any such information shall govern over any terms of our Privacy Policy.

7. Electronic Communications

You consent to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.

You agree that lululemon may use and/or disclose information consistent with the Privacy Policy.

8. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Platform (each, a "Submission") and through the services available in connection with the Platform, and that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all applicable intellectual property rights or are otherwise in a position to grant a License (as defined below) to lululemon. You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.

You agree that lululemon is free to use a Submission for the purposes of providing you and others with use of the Platform and its functionality and providing you with the associated products and services. Unless the rights in such Submission are assigned to lululemon under these Terms of Use, you grant lululemon a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to lululemon a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of lululemon products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and lululemon is under no obligation to treat such Submissions as proprietary information except pursuant to lululemon's Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

For the avoidance of doubt, to the maximum extent permitted by the applicable laws, you acknowledge and agree that you and lululemon’s rights and obligations in respect of the Submission, the License and Personal Rights are subject to the laws of Hong Kong SAR, regardless of your residence or location, or where those rights are created or published.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to lululemon set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform does not violate any applicable privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree to comply with these Terms of Use and, without limitation, that you will not:

- use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by lululemon;

- use a false email address, mobile phone number, impersonate any person or entity, or otherwise mislead as to the origin of content;

- take any action that imposes or may impose (in lululemon’s sole discretion) an unreasonably or disproportionately large load on lululemon’s infrastructure;

- attempt to gain unauthorized access to lululemon computer networks or user accounts;

- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

- attempt to damage, disable, overburden, or impair lululemon servers or networks;

- fail to comply with applicable third-party terms;

- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others

- use racially, ethnically, or otherwise offensive language;

- discuss or incite illegal activity or engage in conduct that is otherwise illegal;

- use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); post anything that exploits children or minors or that depicts cruelty to animals; post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian); disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; use any robot, spider, scraper or other automated means to access the Platform; or alter the opinions, goals, profiles or comments posted by others on the Platform.

This list of prohibitions provides examples and is not complete or exhaustive.

lululemon reserves the right in its sole discretion to (a) terminate your access to your account, (b) terminate your ability to post to the Sites or Apps (or the services), and (c) refuse, delete, modify, edit or remove any Submissions; and for each, with or without cause and with or without notice, for any reason or no reason, or for any action that lululemon determines is inappropriate or disruptive to this Platform or to any other user of the Platform and/or services. lululemon may report to law enforcement authorities any actions that may be illegal and any reports we receive of such conduct

When legally required or at lululemon's discretion, lululemon will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.

lululemon takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, lululemon is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require lululemon to monitor, police or remove any Submissions or other information submitted by you or any other user.

lululemon prohibits crawling, scraping, caching or otherwise accessing any content on the Platform via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with lululemon's express consent).

It is lululemon's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, lululemon does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that lululemon is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

9. Modifications

Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.

Without limiting the foregoing, lululemon reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time. Where we decide to impose fees for a product, service or Content you are currently using that we previously made available without charge, we will provide you with prior notice of the change. Continued use after notification will be taken as consent to the new fees.

10. Indemnification

You agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

11. Third-Party Websites

The Platform may contain links to websites and other resources operated by third parties other than lululemon or its affiliates (collectively “Third-Party Sites”). Such links are provided solely as a convenience to you. lululemon does not control Third-Party Sites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to Third-Party Sites on the Platform does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Third-Party Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

12. Linking to the Sites

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other website, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.

13. Warranties and Disclaimer

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE PLATFORM, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LULULEMON DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LULULEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. IF A GUARANTEE, CONDITION, WARRANTY OR TERM IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR A BREACH OF A NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING, AT OUR SOLE OPTION:

• IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING THE EQUIVALENT FOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR

• IN THE CASE OF SERVICES, THE SUPPLYING THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. LULULEMON THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

Minor differences in colour and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. lululemon is not liable for these variants and deviations.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, LULULEMON MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, LULULEMON WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.

Regardless of your residence to the maximum extent permitted by the applicable laws, your legal rights related to those goods or services are governed by the laws of Hong Kong SAR.

14. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON AND ITS PARENT, RELATED COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE PLATFORM, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSSES OR DAMAGES ARE CAUSED DIRECTLY BY LULULEMON’S FRAUD, RECKLESSNESS, OR GROSS NEGLIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You agree that any claim you may have arising out of or related to your relationship with lululemon must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

15. Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps and/or the Content must and will be venued exclusively in Hong Kong SAR. These Terms of Use and the relationship between you and lululemon will be governed by the laws of the Hong Kong SAR, without giving effect to principles of conflict of laws of any jurisdiction.

16. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

17. Language

The official language of these Terms of Use and all communications and agreements between lululemon and you and any proceedings in connection with these Terms of Use and/or your use of the Sites and Apps exclusively shall be made in the English language. lululemon and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only.

18. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these Terms of Use, our Privacy Policy or any use of the Platform. lululemon's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by lululemon with respect to such use.

19. Entire Agreement

The Terms constitute the entire agreement between you and lululemon with respect to the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Platform.

20. Questions or Concerns

If you have any concerns about material which appears on the Platform, please contact us by emailing us at: [email protected] or by writing to us at:

lululemon
Attn: Legal – Terms of Use
1818 Cornwall Ave
Vancouver, BC
V6J 1C7
Canada

B. Terms of Sale

1. Any purchase of products by you via our Sites or in-store is subject to the terms, conditions and notices contained in this Section B (“Terms of Sale”).

2. In addition to these Terms of Sale, purchases are also governed by the Terms posted on the Site, which may be updated from time to time. The Terms apply to your order, purchase and any actions related to sales of lululemon services and products. By making a purchase, you are agreeing to be bound by the Terms.

3. The Site provides pricing for products carried by lululemon in-store and online. The pricing shown to you through use of the Site may only apply to purchases made online and may differ from in-store pricing. Price and availability information are subject to change without notice. lululemon reserves the right to limit quantities. Not all products shown on the Site are available in-store.

4. Product prices displayed on the Site do not include Value Added Tax (“VAT”) or other applicable sales taxes. Such taxes will be calculated based on your delivery address and included in the total price of your order quoted at checkout.

5. Minor differences in colour and other slight variations in products are possible due to different image acquisition, display technologies or other technical reasons. To the maximum extent permitted by applicable laws, lululemon is not liable for these variants and deviations.

6. Size guides offered on our website by lululemon and third parties are for your general information only. Your correct fit may differ between our product categories, and from time to time there may be minor sizing variations between product runs of the same item. If you are unsure about the best size for you, please visit one of our stores to try on the item where available.

7. lululemon may not accept your order if:

(a) you are under 18 years of age, and consent from your parent/guardian for the order is not obtained; or

(b) your order is made with false information or is otherwise fraudulent/illegal; or

(c) your order is reasonably believed to be made for the purpose of commercial resale.

8. For a purchase made via the Site, lululemon will have accepted your order when a confirmation of the order reaches your designated email address. Such acceptance is subject to final availability of stock. lululemon will notify you if an ordered item cannot be delivered or is out of stock and issue any refund you are entitled to in accordance with our Return Policy.

9. For a purchase made via the Site, if there is a discrepancy between the items or quantities ordered by you and those stated in the order confirmation, you may cancel your order within one (1) hour of receiving the order confirmation in accordance with our Order Cancellation policy. Outside of this one-hour window, please refer to our Return Policy for how to submit a refund request.

10. Notwithstanding delivery of and the passing of title in any items, nothing in the T&Cs shall have the effect of granting or transferring to or vesting in you any intellectual property rights in or to any products and/or services.

11. These Terms of Sale are governed and applied by the laws of Hong Kong SAR.

12. Subject to any applicable statutory rights, and to the maximum extent permitted by applicable laws, lululemon disclaims all representations, warranties and conditions, express or implied, with respect to submissions, products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, and freedom from errors.

13. To the extent of any conflict between the Terms of Sale and the T&Cs, these Terms of Sale shall prevail.

14. The T&Cs are subject to change at lululemon’s sole discretion. Current T&Cs are displayed on the Site. You should review these T&Cs each time you make a purchase.

C. Gift Cards Terms and Conditions

These Gift Card Terms and Conditions contained in this Section C (the “Gift Card Terms”) apply to all lululemon physical and electronic gift cards (“eGift Cards”), including all lululemon trade-in, credit, or promotional physical and eGift Cards (each a “Gift Card” or collectively, “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively, “Used”) by you.

1. Compliance with Laws

By Using a Gift Card, you agree to be bound by the Terms and the terms and conditions of lululemon’s third-party Gift Card providers (as detailed below). To the extent there are conflicts between these Gift Card Terms and the broader Terms, these Gift Card Terms will control with respect to the Use, purchase and redemption of Gift Cards. You agree and acknowledge that lululemon may process your personal information in connection with your Use of Gift Cards in accordance with our Privacy Policy.

In these Gift Card Terms, use of “you” and “your” means you as the cardholder who Uses a Gift Card. “Online” means lululemon ecommerce domains, such as lululemon.com, lululemon.com.au, lululemon.co.nz, lululemon.com.hk, lululemon.co.uk, eu.lululemon.com, fr.lululemon.com, and mobile (iOS and Android) applications. “Stores” means lululemon-owned and operated retail stores.

2. Purchasing

Gift Cards are available for purchase in Stores, Online, and at various other authorized retailers, and are offered in the following denominations:

- lululemon Gift Cards purchased Online or in the lululemon mobile application (both physical and eGift Cards) can be purchased in increments between $120 HKD to $11,000 HKD.

Gift Cards have no value until activated. lululemon reserves the right to suspend or delay activation until payment has been cleared.

It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.

Gift Cards are only valid if purchased from Stores, Online, or an authorized third-party distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.

Limitations:

• lululemon’s policies may limit the maximum value of each Gift Card to $11,000 HKD, and lululemon uses commercially reasonable efforts to limit the aggregated amount of Gift Cards in accordance with applicable laws.

• You may not use third-party gift cards (e.g., mall gift cards) to purchase a lululemon Gift Card.

• Your lululemon Gift Card balance cannot be used to purchase other lululemon Gift Cards.

• Gift Cards may not be purchased using promotional offers or discounts.

• A Gift Card is not a credit, debit, or charge card. No implied warranties attach to purchased Gift Cards.

• Gift Cards cannot be returned; resold; used for payment outside of Stores or Online; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by lululemon. No portion of your Gift Card balance may be transferred to another person, lululemon Wallet, or lululemon account or applied to any other account, except to the extent required by law.

• If purchasing Online, lululemon will not be liable for any failure or delay in delivery. You are obligated to provide the correct address or email address, as applicable. lululemon is not responsible for lululemon Gift Cards that are undeliverable or not received due to inaccurate delivery information.

• lululemon is not liable for Gift Cards purchased or sold via websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay, Craigslist). Gift Cards obtained or purchased from non-lululemon sources may be invalid or have a lower redeemable balance or value than that the unauthorized vendor represented. lululemon is not obligated to honour invalid Gift Cards or balances, or values that have been misrepresented or are incorrect.

3. Redemption

Gift Cards purchased in China Mainland are only redeemable for purchases at lululemon retail stores in China Mainland. All other Gift Cards are redeemable for purchases at lululemon retail stores outside of China Mainland or online at www.lululemon.com, lululemon.com.au, lululemon.co.nz, lululemon.com.hk, lululemon.co.uk, eu.lululemon.com, fr.lululemon.com. Gift Cards cannot be used with our wholesale partners (for example fitness studios).

When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Card. The balance will remain on the Gift Card until it is decreased to zero. You must have sufficient available funds on a Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to lululemon.

You do not have the authority to halt a purchase initiated with your Gift Card and you are liable for any such transaction. lululemon reserves the right to refuse a Gift Card or limit the ability to use if lululemon has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.

Restrictions:

• Only five (5) Gift Cards can be redeemed at a time.

• Gift cards purchased in Thailand, China Mainland, Mexico, Dubai or Qatar must be redeemed in the same country of purchase. Check out our terms and conditions for Thailand here.

• Gift Cards cannot be used as payment for orders placed for commercial purposes (i.e., sourcing inventory online). You are not permitted to Use Gift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services.

4. Balance Inquiries

For balance inquiries please contact us or visit Gift Card Balance. If multiple payment methods were used for the purchase, the portion paid for with a lululemon Gift Card will be refunded accordingly.

5. Risk of Loss

The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon lululemon’s electronic transmission of the Gift Card to the purchaser or designated recipient, or lululemon’s delivery to the carrier, whichever is applicable.

Gift Cards are like cash. You are responsible for safeguarding your Gift Card from unauthorized use. lululemon is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. lululemon will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.

Beware of gift card scams. Do not share your Gift Card number and PIN if you are NOT purchasing an item from Stores or Online. You can report potential scams to your local law enforcement. There are a variety of gift card scams that request payment by a gift card. Go to FTC.gov/giftcards to learn more about gift card scams. lululemon is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.

6. Expiration of Gift Cards.

Gift Cards never expire or accrue fees.

7. Returns

All returns for purchases made with a lululemon Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.

8. Our Policies

Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. Guests are advised to read the Gift Card Terms and Conditions carefully.

9. Fraud

By Using a Gift Card, you agree to comply with our Terms and not Use a Gift Card in a way that is harmful to lululemon, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, orders, and purchases.

We reserve the right, without prior notice, at any time and in our sole discretion to (i) prohibit you from purchasing, claiming or redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfillment (including orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of our Terms and policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.

10. Compliance with Laws

Your Use of a Gift Card certifies and represents to lululemon that the activities in which the Gift Card will be used will comply with the Terms, all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify lululemon and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release lululemon from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.

11. Not for promotional use

lululemon Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)

12. No affiliation with lululemon

Use of lululemon's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of lululemon Gift Cards is strictly prohibited. Furthermore, the use of lululemon Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with lululemon or any of its subsidiaries or affiliates is prohibited.

It is strictly prohibited to use lululemon's name, logo, trade dress (including any image/likeness of the cards), or intellectual properties, including without limitation, trademark and copyright, in connection with lululemon Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with lululemon or any of its subsidiaries or affiliates.

13. Limitation of Liability

LULULEMON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

14. Disputes

Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with the Terms of Use.

15. General Terms

When you purchase, receive or redeem a lululemon Gift Card, you agree that the laws of the Hong Kong SAR, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. lululemon reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.

16. Third-Party Gift Card Providers

lululemon utilizes third-party providers to issue, administer, and provide Gifts Cards to you. lululemon may terminate or modify the relationships with such providers without notice to you. Any unlicensed vendor may not resell a lululemon Gift Card under penalty of law; unlawful resale or attempted resale may result in seizure and cancellation without compensation.

Questions or Concerns with these Terms

If you have any concerns about material which appears on this Website, please contact us by emailing us at: [email protected] or by writing to us at:

lululemon
1818 Cornwall Ave
Vancouver, BC
V6J 1C7
Canada

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