Terms And Conditions

These terms and conditions regulate the Agreement between “you” the customer and Lily’shop.co.uk

All goods which appear for sale on the www.lilyshop.co.uk web site (“the website”) are advertised as invitations to treat, and no offer of sale shall be implied.

Your order is an offer to buy from us which Lily’shop.co.uk may or may not accept at their sole discretion. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

You undertake that all details you provide for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the costs of the products you are purchasing.

If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

1.accept the alternatives we offer;

2.cancel all or part of your order.

The price payable for the Goods that you order is clearly set out on Our Website. Prices include UK value added tax (“VAT”).

It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information, supplied by you during or after the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

If for any reason your credit card details are incorrect or there is not enough money in your account or for any other reason the order cannot be processed, Lily’shop.co.uk will have right to rescind and upon their election to do so, the order will be cancelled.

If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

If we owe you money (for any reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.

We take care to make lilyshop.co.uk website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

A number of products represented on Lily’shop.co.uk are made to order. In this instance, full payment for the goods will be taken in advance as the products are bespoke in nature. Please note that made to order and personalised products cannot be returned except in the event of a fault.

If there are any changes to the details supplied by you, it is your responsibility to inform Lily’shop.co.uk as soon as possible.

Your statutory rights are not affected by these terms and conditions.

We attempt to ensure that the information available on the web site at any one time is accurate. However, Lily’shop.co.uk assume no duty to update such information and cannot guarantee that it will be fault-free.

Lily’shop.co.uk does not accept liability (except as set out below) for any errors and omissions in the presentation of goods on the web site and reserves the right to change information, specifications and descriptions of listed goods and products at any time. Lily’shop.co.uk will, however, do its best to correct any errors and omissions as quickly as practicable after being notified of them.

Lily’shop.co.uk does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating or destructive properties.

Lily’shop.co.uk will only be liable for loss (save in the case of death or personal injury in respect of which there is no limit) up to a maximum total of the price of the product purchased in respect of any claim.

You are required to print a Copy of Your invoice on which will appear your rights of cancellation in accordance with the Consumer Protection (Contracts Concluded by Distance Communication) Regulations 2000 which you agree to.

The liability section applies only to the extent permitted by law and does not affect your statutory rights.

The copyright, design rights and artwork on the web site belong to Lily’shop.co.uk. All other intellectual property rights are reserved. This website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from this website. You may only download to your personal computer for viewing purposes and print out a number of pages of this web site for your personal use.

Unfortunately, because of the nature of selling via the Internet and product variability, we cannot guarantee that the product colours will be of an exact likeness as seen or as described. Although we strive to portray images in a realistic light, sometimes we are governed by what imagery is available. Product imagery is sometimes displayed in an aesthetic manner (mood shots may be used) and may not necessarily be in conformance with the approved use of such products.

The colours and dimensions of the products portrayed on the site are merely there as a guide. We strive to portray the products as near as we can to the actual colour ways, but we have no control over your personal computer and its settings. Some products incorporate natural materials (e.g. wood, leather, etc.) which may also vary slightly. Therefore colours of products may vary slightly ‘in the flesh’ from the colour that is portrayed on the website.

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
2. The following rules apply to cancellation of your order:

2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.

2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

2.3 We will return your money subject to the following conditions:

2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.

2.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.

3.3 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.

You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

In any of the above scenarios, we will return your money within 14 days.

Liability for subsequent defects

1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
2. The procedure to return the faulty Goods is as follows:
   1. the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
   2. before you return the Goods to us, please carefully re-read the instructions and check that you have.
   3. please follow the returns procedure provided on our website which we will send to you as soon as you notify us that you wish to return them.
3. We will return your money subject to the following conditions:
   1. we receive the Goods with labels and packaging intact.
   2. you comply with our returns procedure. We cannot return your money unless we know who sent them.
   3. you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
4. If any defect is found, then we shall:
   1. repair or replace the Goods, or
   2. refund the full cost you have paid including the cost of returning the Goods.

      Delivery and pick up

        

1. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
2. If we are not able to deliver your Goods within [30] days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
3. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
4. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
6. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
7. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
9. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

          Disclaimers

1. The law differs from one country to another. This paragraph applies to sales throughout the UK and EU.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty for:
   1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
   2. the adequacy or appropriateness of the Goods for your purpose.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
6. We shall not be liable to you for any loss or expense which is:
   1. indirect or consequential loss; or
   2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
8. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
9. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
10. We make no representation or warranty for:
    1. the quality of the Goods;
    2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
    3. the correspondence of the Goods with any description;
    4. the adequacy or appropriateness of the Goods for your purpose.
11. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
12. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
13. We make no representation or warranty and accept no responsibility in law for:
    1. accuracy of any Content or the impression or effect it gives;
    2. delivery of Content, material or any message;
    3. privacy of any transmission;
    4. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
    5. any aspect or characteristic of any goods or services advertised on Our Website;
14. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
15. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
16. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned

    How we handle your Content

           Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at Privacy Policy

If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

Please notify us of any security breach or unauthorised use of your account.

       Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
3. download any part of Our Website, without our express written consent;
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
7. share with a third party any login credentials to Our Website.
8. Despite the above terms, we now grant a licence to you to:
   1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
   2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

Miscellaneous matters

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
6. Any communication to be served on either party by the other shall be delivered by e-mail.
7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.