1. Introduction
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
payment.
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
necessary.
2.6 We reserve the right to
refuse service to anyone for any reason at any time.
3. Privacy
We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.
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.
5.6 Enter your
promotional code in the promo code box at checkout and
click “APPLY” to redeem. Limit one promo code per order.
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
the product.
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
refund.
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
your goods.
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
cancellation.
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
this reason.
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,
unless defective.
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.Licence
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
in question.
10.4 Our website
design, layout,
content or text cannot be copied,edited or otherwise manipulated without our express prior
written
permission.
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
offensive.
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. Copyright
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
permission.
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
user-generated content.
12.2 Where the facility
exists such
user-generated content can be provided in different formats and mediums; text, audio, video and
still
photographs.
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
parties.
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.
14. Indemnity
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.
15. Variation
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.
16. Assignment
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.
17. Severability
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.
18. Waiver
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.