Terms
of website use
This
page (together with the documents referred to on it) tells you the terms of use
on which you may make use of our website www.lilylondononline.com (our site),
whether as a guest or a registered user. Please read these terms of use
carefully before you start to use the site. By using our site, you indicate
that you accept these terms of use and that you agree to abide by them. If you
do not agree to these terms of use, please refrain from using our site.
Information
about us
www.lilylondononline.com
is a site operated by Lily London Limited ("We"). We are registered in England and Wales
under company number 06348126 and
have our registered office at Park House, 26 North End Road, London, NW11 7PT. Our main trading address is 9 Phene
Street London SW3 5NY Our VAT number is GB 927 9725 74
Accessing
our site
Access
to our site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our site without notice (see
below). We will not be liable if for any reason our site is unavailable at any
time or for any period.
From
time to time, we may restrict access to some parts of our site, or our entire
site, to users who have registered with us.
If
you choose, or you are provided with, a user identification code, password or
any other piece of information as part of our security procedures, you must
treat such information as confidential, and you must not disclose it to any
third party. We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in our
opinion you have failed to comply with any of the provisions of these terms of
use.
Intellectual
property rights
We
are the owner or the licensee of all intellectual property rights in our site,
and in the material published on it. Those works are protected by copyright laws and treaties around the
world. All such rights are
reserved.
You
may print off one copy, and may download extracts, of any page(s) from our site
for your personal reference only.
You
must not use any part of the materials on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.
Reliance
on information posted
Commentary
and other materials posted on our site are not intended to amount to advice on
which reliance should be placed. We therefore disclaim all liability and responsibility arising from any
reliance placed on such materials by any visitor to our site, or by anyone who
may be informed of any of its contents.
Our
site changes regularly
We
aim to update our site regularly, and may change the content at any time. If
the need arises, we may suspend access to our site, or close it indefinitely.
Any of the material on our site may be out of date at any given time, and we
are under no obligation to update such material.
Our
liability
The material displayed on
our site is provided without any guarantees, conditions or warranties as to its
accuracy save to the extent specifically set forth in our Terms of Trading [insert
link].
Information
about you and your visits to our site
We
process information about you in accordance with our privacy policy [INSERT AS
LINK TO SITE'S PRIVACY POLICY]. By
using our site, you consent to such processing and you warrant that all data
provided by you is accurate.
Transactions
concluded through our site
Contracts
for the supply of goods formed through our site or as a result of visits made
by you are governed by our Terms of Trading [INSERT AS LINK TO TERMS OF TRADING].
Viruses,
hacking and other offences
You
must not misuse our site by knowingly introducing viruses, trojans, worms,
logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on which
our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed
denial-of service attack.
By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to
use our site will cease immediately.
We
will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our site or to your downloading of any
material posted on it, or on any website linked to it.
Links
from our site
Where
our site contains optional links to other sites and resources provided by third
parties, these links are provided for your information only. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss
or damage that may arise from your use of them.
Jurisdiction
and applicable law
The
English courts will have non-exclusive jurisdiction over any claim arising
from, or related to, a visit to our site although we retain the right to bring
proceedings against you for breach of these conditions in your country of
residence or any other relevant country.
These
terms of use and any dispute or claim arising out of or in connection with them
or their subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the law of
England and Wales.
Variations
We
may revise these terms of use at any time by amending this page. You are
expected to check this page from time to time to take notice of any changes we
made, as they are binding on you. Some of the provisions contained in these
terms of use may also be superseded by provisions or notices published
elsewhere on our site.
Thank
you for visiting our site.
This
page (together with the documents referred to on it) tells you the terms and
conditions on which we supply any of the products (Products) listed on our website
www.lilylondononline.com (our site) to you. Please read these terms and conditions carefully before ordering any
Products from our site. You should
understand that by ordering any of our Products, you agree to be bound by these
terms and conditions.
You
should print a copy of these terms and conditions for future reference.
1.1
www.lilylondononline.com
is a site operated by Lily London Limited ("We"). We are registered in England and Wales
under company number 06348126 and
have our registered office at Park House, 26 North End Road, London, NW11
7PT. Our main trading address is 9
Phene Street, London, SW3 5NY. Our VAT number is GB 927 9725 74 .
2.
Your
status
By
placing an order through our site, you warrant that:
(a)
You
are legally capable of entering into binding contracts; and
(b)
You
are at least 18 years old;
3.
How
the contract is formed between you and us
3.1
After
placing an order, you will receive an e-mail from us acknowledging that we have
received your order. Please note
that this does not mean that your order has been accepted. Your order constitutes an offer to us
to buy a Product. All orders are
subject to acceptance by us, and we will confirm such acceptance to you by
sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract)
will only be formed when we send you the Dispatch Confirmation.
3.2
The
Contract will relate only to those Products whose dispatch we have confirmed in
the Dispatch Confirmation. We will
not be obliged to supply any other Products which may have been part of your
order until the dispatch of such Products has been confirmed in a separate
Dispatch Confirmation.
4.
Consumer
rights
4.1
If
you are contracting as a consumer, you may cancel a Contract at any time within
seven working days, beginning on the day after you received the Products. In this case, you will receive a full
refund of the price paid for the Products in accordance with our refunds policy
[link to policy].
4.2
To
cancel a Contract, you must inform us in writing. You must also return the
Product(s) to us immediately, in the same condition in which you received them,
and at your own cost and risk. You
have a legal obligation to take reasonable care of the Products while they are
in your possession. If you fail to comply with this obligation, we may have a
right of action against you for compensation.
4.3
Details
of this statutory right, and an explanation of how to exercise it, are provided
in the Dispatch Confirmation. This
provision does not affect your statutory rights.
5.
Availability
and delivery
Your
order will be fulfilled by the delivery date set out in the Dispatch
Confirmation or, if no delivery date is specified, then within a reasonable
time of the date of the Dispatch Confirmation, unless there are exceptional
circumstances.
6.
Risk
and title
6.1
The
Products will be at your risk from the time of delivery.
6.2
Ownership
of the Products will only pass to you when we receive full payment of all sums
due in respect of the Products, including delivery charges.
7.
Price
and payment
7.1
The
price of any Products will be as quoted on our site from time to time, except
in cases of obvious error.
7.2
These
prices include VAT but exclude delivery costs, which will be added to the total
amount due.
7.3
Prices
are liable to change at any time, but changes will not affect orders in respect
of which we have already sent you a Dispatch Confirmation.
7.4
Our
site contains a large number of Products and it is always possible that,
despite our best efforts, some of the Products listed on our site may be
incorrectly priced. We will
normally verify prices as part of our dispatch procedures so that, where a
Product's correct price is less than our stated price, we will charge the lower
amount when dispatching the Product to you. If a Product's correct price is higher than the price stated
on our site, we will normally, at our discretion, either contact you for
instructions before dispatching the Product, or reject your order and notify
you of such rejection.
7.5
We
are under no obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you a Dispatch Confirmation, if the pricing
error is obvious and unmistakeable and could have reasonably been recognised by
you as a mis-pricing.
7.6
Payment
for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Maestro,
MasterCard, Solo, JCB and American Express.
8.
Our
liability
8.1
We
warrant to you that any Product purchased from us through our site is of
satisfactory quality and reasonably fit for all the purposes for which products
of the kind are commonly supplied.
8.2
To
the maximum extent permitted under law, our liability for losses you suffer as
a result of us breaking this agreement including deliberate breaches is
strictly limited to the purchase price of the Product you purchased.
9.
Product
Representation
The colour of the products you see
on this site depends on the display and colour capabilities of your particular
computer monitor and may not be the exact colour or representation of the
actual merchandise. We have made every effort to display the products featured
on the site as accurately as possible but we cannot be responsible for the
colour accuracy of your monitor or for minor differences between the colours of
products as displayed on the site and those of the actual product. This does not affect your statutory
rights.
10.
Import
duty
10.1
If
you order Products from our site for delivery outside the UK, they may be
subject to import duties and taxes which are levied when the delivery reaches
the specified destination. You
will be responsible for payment of any such import duties and taxes. Please note that we have no control
over these charges and cannot predict their amount. Please contact your local customs office for further
information before placing your order.
10.2
Please
also note that you must comply with all applicable laws and regulations of the
country for which the products are destined. We will not be liable for any breach by you of any such
laws.
11.
Written
communications
Applicable
laws require that some of the information or communications we send to you
should be in writing. When using
our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on our website. For contractual purposes, you agree to
this electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not
affect your statutory rights.
12.
Notices
All
notices given by you to us must be given to Lily London Limited at misslily@lilylondon.com.
We may give notice to you at either the e-mail or postal address you provide to
us when placing an order. Notice
will be deemed received and properly served immediately when posted on our
website, 24 hours after an e-mail is sent, or three days after the
date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was sent to the specified
e-mail address of the addressee.
13.
Transfer
of rights and obligations
13.1
The
contract between you and us is binding on you and us and on our respective
successors and assigns.
13.2
You
may not transfer, assign, charge or otherwise dispose of a Contract, or any of
your rights or obligations arising under it, without our prior written
consent.
13.3
We
may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the
term of the Contract.
14.
Events
outside our control
14.1
We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control (Force Majeure Event).
14.2
A
Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) the following:
(a)
Strikes,
lock-outs or other industrial action.
(b)
Civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war.
(c)
Fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster.
(d)
Impossibility
of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport.
(e)
Impossibility
of the use of public or private telecommunications networks.
(f)
The
acts, decrees, legislation, regulations or restrictions of any government.
14.3
Our
performance under any Contract is deemed to be suspended for the period that
the Force Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations under
the Contract may be performed despite the Force Majeure Event.
15.
Waiver
15.1
If
we fail, at any time during the term of a Contract, to insist upon strict
performance of any of your obligations under the Contract or any of these terms
and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with such
obligations.
15.2
A
waiver by us of any default shall not constitute a waiver of any subsequent
default.
15.3
No
waiver by us of any of these terms and conditions shall be effective unless it
is expressly stated to be a waiver and is communicated to you in writing.
16.
Severability
If
any of these terms and Conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
17.
Entire
agreement
17.1
These
terms and conditions and any document expressly referred to in them represent
the entire agreement between us in relation to the subject matter of any
Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
17.2
We
each acknowledge that, in entering into a Contract, neither of us has relied on
any representation, undertaking or promise given by the other or be implied
from anything said or written in negotiations between us prior to such Contract
except as expressly stated in these terms and conditions.
17.3
Neither
of us shall have any remedy in respect of any untrue statement made by the
other, whether orally or in writing, prior to the date of any Contract (unless
such untrue statement was made fraudulently) and the other party's only remedy
shall be for breach of contract as provided in these terms and conditions.
18.
Our
right to vary these terms and conditions
18.1
We
have the right to revise and amend these terms and conditions from time to time
to reflect changes in market conditions affecting our business, changes in
technology, changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
18.2
You
will be subject to the policies and terms and conditions in force at the time
that you order products from us, unless any change to those policies or these
terms and conditions is required to be made by law or governmental authority
(in which case it will apply to orders previously placed by you), or if we
notify you of the change to those policies or these terms and conditions before
we send you the Dispatch Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and conditions, unless
you notify us to the contrary within seven working days of receipt by you
of the Products).
19.
Law
and jurisdiction
Contracts
for the purchase of Products through our site and any dispute or claim arising
out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by English
law. Any dispute or claim arising
out of or in connection with such Contracts or their formation (including
non-contractual disputes or claims) shall be subject to the non-exclusive
jurisdiction of the courts of England and Wales.
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