Terms & Conditions
Hong Kong FuJinAn Trading Co., Limited's ("Lilysilk", "we", "us") website and related services are made available to you in accordance
to read these Terms and Conditions carefully before placing an order. By using our website, you signify your
agreement to be bound by these terms and conditions.
1.1 These terms & conditions
set out the terms between you the customer and us the website owner.
1.2 Your use of this website and
any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website
if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that
the contact information you provide is correct before creating a customer account or proceeding to
2.2 You are responsible for
maintaining your own username and password, where required to access your customer account. You should
ensure that you store your username and password securely and that the details required to access your
customer account are not provided to another party.
2.3 As a customer you are
responsible for your customer account and actions taken within it. If you are aware or suspect that your
customer account username and password or other details have become known to a third party, you should
inform us immediately.
2.4 Our website is only intended
for use by adults. Adults may purchase products for children as long as the products purchased are intended
by the manufacturer for use or consumption by children.
2.5 We reserve the right to
restrict or remove your access to this website where you breach these terms and conditions. Such restriction
or removal will take place without recourse or explanation to you where we solely deem it appropriate or
We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For
4. Product Pricing, Title, and Color
4.1 We make every effort to ensure
that the pricing displayed on our website is correct. However, if an error in the pricing of a product is
found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum
due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or
corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter
all product pricing without notice.
4.3 Title in any products ordered
from us does not pass to you, the purchaser until we have received and processed a valid payment, and that
payment has been made into our own bank account and your order has been shipped.
4.4 We strive to display as
accurately as possible the colors of our products that appear on the website. However the actual color will
depend on your monitor, we cannot guarantee that your monitor’s display of any colors will be accurate.
5. Your Order
5.1 When you place an order you
will automatically receive a confirmation email from us to confirm your order. Your order constitutes an
offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by
us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included
within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay
or refuse orders where a transaction contains incomplete details or details that cannot be verified or where
fraud is suspected.
5.5 If we are unable to reasonably
ascertain these details or resolve these issues a full refund will be made against the card used at the time
of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party
card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are
shipped subject to availability.
6.2 We reserve the right to ship
products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the
time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of
6.3 We cannot be held responsible
for disruption to shipping caused by industrial disputes or action outside our direct control. If such
disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection
(Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this
right you must notify us in writing, (email or letter) within 7 working days of the day after you receive
7.2 As stated above notification of
cancellation must be in writing. As we do not record our calls, a telephone conversation is not a valid
7.3 No right of cancellation,
refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have
removed the product from its original package, unless the product is defective and you are returning it for
7.4 Goods that are sealed or
shrink-wrapped can only be returned if they are defective once this has been removed.
7.5 No right of cancellation exists
for personalised goods, goods that are intimate in their nature or goods where there may be hygiene issues,
7.6 Please observe the following
procedure for all returns:
7.6.1 Contact us in writing within
7 days stating your reason for return, your order number and contact details. If you are returning your
product because it is defective, please state the defect or defects.
7.6.2 One of our representatives
will contact you within 48 hours to advise you of the procedure to return the goods. Please do not send any
goods back until you have been contacted by us as we will not refund any postage expenses unless they have
been previously agreed in writing.
7.6.3 Repackage the product in its
original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with
the product. We will be unable to issue a refund where the product is in an incomplete state.
7.7 If the product has been opened,
used, or if the original packaging surrounding the product has been damaged or destroyed we will only issue
a refund if the product is being returned due to a defect. If the original packaging of a defective product
has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment
back to us.
7.8 We recommend that all returns
be sent by registered post, so that a record of the return is available for you.
7.9 We will not issue refunds for
any items lost or stolen in transit to us.
7.10 Where a return is lost or
stolen in transit to us, you should claim compensation from the team that shipped the item.
7.11 Subject to the above, we will
refund the purchase price of a returned product within thirty days of receiving written notification of your
intention to return the product and receipt of the goods.
8. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
9. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if
the delay or failure is caused by any circumstances beyond our reasonable control, including, but not
limited to, acts of god, war, civil disorder or industrial dispute.
10.1 We grant you a licence to
access the content, information and services contained within our website for personal use only.
10.2 This licence allows you to
download and cache (using your browser) individual pages from our website.
10.3 This licence does not allow
you to download and modify individual pages or substantial parts of our website nor to make our website
available via an intranet, where our website or a substantial part of it is hosted locally on the intranet
10.4 Our website design, layout,
content or text cannot be copied,edited or otherwise manipulated without our express prior written
10.5 Our website cannot be placed
within the frame-set of another site.
10.6 Third parties are not allowed
to "deep link" to pages within our website, without our express prior written permission. All links (unless
expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such
links, whether graphic or text should not be misleading, false, derogatory or in any other way
10.7 The restriction on "deep
linking" does not apply to affiliate partners who wish to send customers directly to a particular page or
product in order to increase their affiliate sales.
11.1 All content, databases,
graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly
acknowledged as otherwise.
11.2 The data mining, extraction or
utilisation of product information from our website is not permitted without our express prior written
12. User Generated Content
12.1 Where the facility exists you
may provide reviews or public feedback on the website of products purchased by you, also known as
12.2 Where the facility exists such
user-generated content can be provided in different formats and mediums; text, audio, video and still
12.3 As part of providing this
content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use,
distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other
12.4 Such content shall not
infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal
or capable of breaching the laws of any jurisdiction in which it may be displayed.
12.5 We reserve the right to remove
any content, which breaches or risks breaching these terms and conditions.
12.6 However, we shall not assume
any responsibility for auditing or monitoring any user generated content.
12.7 Any complaints about such
content by rights holders or any user or visitor to our website should be directed to us using our contact
details listed at the end of these terms and conditions.
12.8 The Site includes the LILYSILK, Inc page located at www.lilysilk.com, which extracts content from our users and customers who share photos and videos on Instagram using LILYSILK’s brand hashtags, including #lilysilk, #LiveSpectacularly, #silklove, #anti-aging, #silkdress, #silkblouse, #hairtutorial, #skincare, etc or tagging the LILYSILK Instagram account @lilysilk (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in LILYSILK’s retail locations, showrooms, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
13. Limitations and Exclusions of Liability
13.1 Where content and information
is provided on the website without charge we exclude all liability for such content and information.
13.2 All business losses
(including, but not limited to) loss of profits, income, lilynue, damage to goodwill, loss of other
commercial contracts, other commercial opportunities are all excluded.
13.3 All indirect, consequential or
special losses or damage are all excluded.
13.4 All other losses or damages
not reasonably foreseeable at the time of the contract between you and us are also excluded.
13.5 All losses relating to the
loss or corruption of data, databases, systems, software or hardware are all excluded.
13.6 These terms and conditions do
not exclude or limit liability for death or personal injury caused by you or us.
13.7 These terms and conditions do
not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
13.8 These terms and conditions do
not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and
in the future against all possible claims relating to any breach of these terms and conditions by you. Such
indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages
or settlements arising from your breach of these terms and conditions.
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such
varied terms and conditions shall automatically apply to the use of our website from the date of publication
on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without
giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and
construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs
or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or
deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
19. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are
not reliant on any third party.
20. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
21. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
22. Text Messaging Program
22.1 Enrollment. If you enroll in our text messaging (SMS) program, you will be asked to consent expressly – evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response, as your signature to agree to receive recurring automated marketing messages where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of using our Services and may be withdrawn at any time by using the opt-out mechanism specified in subsection 22.2 or by any contacting us in any other manner.
22.2 Opting Out. You can opt out from receiving SMS/MMS text messages by clicking opt-out link in the text message you receive in our text messaging program.
22.3 Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
22.4 Your Duties for Your Own Phone Number. You represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number.
22.5 Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
23. About Our Website
We provide users with access to communications tools, which may be accessed through any medium or device now known or
hereafter devised, including websites, software, and applications that deliver and receive information through a
network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website
shall be included in the definition of “Website.” Our Website provides information regarding, and the opportunity to
purchase, a variety of silk made homeware, clothing, accessories, and other fashion apparel.
Applicable Legislation: The use of our website and the product purchase contracts through said website shall be governed by the law of Hong Kong SAR.