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.
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 delay shipment if an item becomes unavailable after your order is placed
due to inventory updates. If the item cannot be restocked within a reasonable period, we
will notify you promptly and offer you the option of a full refund.
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 UK.