Terms & Conditions

1. INFORMATION ABOUT US

1.1. www.lovepinklily.com is a site operated by Lily Clothing Ltd.(“We”). We are registered in England and Wales under company number 03012431 and with our registered office at Ground Floor, Create Business Hub, 5 Rayleigh Road, Brentwood CM13 1AB. Our email address is: [email protected]

2. SERVICE AVAILABILITY

2.1. We only accept orders from individuals in the UK and European Economic Area (“EEA“) (the “Serviced Countries“).

2.2. Some restrictions may be placed on the extent to which we accept orders from specific countries. These restrictions can be found in our Delivery Details

3. YOUR STATUS

By placing an order through our site, you warrant that:

a. You are legally capable of entering into binding contracts;
b. You are at least 18 years old; and,
c. You are resident in one of the Serviced Countries.

4. THE CONTRACT BETWEEN YOU AND US

4. 1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been received by sending an email to you at the email address you provide on the Online Order Form. 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 availability and acceptance by us.

4. 2. If the goods at the time of your order are not in stock, we will not process your payment until we confirm to you that the goods are in stock or in our warehouse.

4.3. If the goods at the time of your order are no longer available, we will not process your payment and will advise you accordingly. A full refund will be given where you have already paid for the goods.

4.4. We will confirm that your order has been accepted 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. 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.

4.5. We file details of your order. Please read our Security and Privacy Policy for details of how these can be obtained.

4.6. If you make a mistake with your order, you may be able to correct any mistakes made by telephone prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our returns policy.

4.7. We are entitled to refuse any order made by you for any reason.

4.8. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.

5. PRICE AND PAYMENT

5.1. The price you pay is the price displayed on this website at the time we receive your order. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.

5.2. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will notify you as soon as practicably possible .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 contact you to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

5.3. 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 unmistakable and could have reasonably been recognized by you as a miss-pricing.

5.4. You can make payment in any method specified on the website. Payment will not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON – we accept payments via PAYPAL.

5.5. Prices are subject to change without notice but changes will not affect orders which we have already accepted.

5.6. Only one promotion code can be used per order.

5.7. We will take all reasonable precautions to keep the details of your order and payment secure. However, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

6. CANCELLATION BY US

We reserve the right to cancel the contract between us if:
a. we have insufficient stock to deliver the goods you have ordered; or
b. we do not deliver to your area; or
c. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

7. DELIVERY OF GOODS TO YOU

7.1. Delivery is made to mainland UK, Northern Ireland and EEA addresses. Delivery may be made to other addresses subject to our agreement and additional delivery charges. All goods must be signed for by an adult aged 18 years or over on delivery.

7.2. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order and on the Online Order Form.

7.3. Dispatch will be made as soon as possible after your order has been accepted and payment has been received.

7.4. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 10 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7.5. You will become the owner of the goods you have ordered when they have been delivered to you. Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

7.6. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. A full list of our delivery charges is set out in our website.

8. IMPORT DUTY

8.1. 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.

8.2. 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.

9. LIABILITY

9.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

9.2. If you do not receive the goods ordered by you within 10 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days of the date on which you ordered the goods.

9.3. If you notify a problem to us under this condition, our only obligation will be, at your option: –
a. to make good any shortage or non-delivery;
b. to replace or repair any goods that are damaged or defective; or
c. To refund to you the amount paid by you for the goods in question in whatever way we choose.

9.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, contracts or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3. (c) above.

9.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

9.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

10. INDEMNITY

You agree to indemnify, defend and hold harmless lovepinklily.com Ltd its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

11. INTELLECTUAL PROPERTY RIGHTS

All and any Intellectual Property Rights in connection with the Products shall be owned by us absolutely.

12. 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.

13. NOTICES

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Lovepinklily.com Ltd, 5 Corbets Tey Road, Upminster, Essex RM14 2AP or to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. 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.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2. 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.

14.3. 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.

15. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any Event or circumstance (The Event) beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. breakdown of systems or network access, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that The Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring The Event to a close or to find a solution by which our obligations under the Contract may be performed despite The Event.

16. WAIVER

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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 in accordance with clause 13 above.

17. 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.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

18. PRIVACY

You acknowledge and agree to be bound by the terms of our Security and Privacy Policy.

19. THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person, who is not a party to this Agreement has no right under the UK Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

20. GOVERNING LAW

The contract between us shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. English is the only language offered for the conclusion of the contract.

21. ENTIRE AGREEMENT

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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.

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.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

22.1. 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 or for any other reason in our sole discretion which we may decide.

22.2. 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).

23. LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.