Terms and Conditions of Sale
These terms and conditions (together with any other policies or documents referred to in them) apply to your use of the website and to the online purchase of the products (Products) listed on our website www.lilygabriella.com (our site). Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our site.
www.lilygabriella.com is operated by Lily Gabriella (UK) Ltd. We are registered in England and Wales under company number 09679144 and have our registered office at 4th Floor, 7/10 Chandos Street, London W1G 9DQ, United Kingdom. Our VAT number is GB 217 6579 82.
- All orders are subject to availability. For items that are unavailable, we will inform you by email with the anticipated delivery date.
- Please note that Product orders are not placed, until your order is finalised at the checkout.
Acceptance of Orders
- By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound unconditionally by these terms and conditions.
- In order to place an order, you will be required to open an account and provide complete and accurate personal details on the order form. This will include: title, surname, first name, email address, telephone number, delivery and invoicing address.
- After placing an order, you will receive an acknowledgement via email. Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on these terms and conditions of sale. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an e-mail informing you that the Product has been dispatched (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.
Price and Payment
- Product prices in GBP (£) include VAT but exclude delivery charges. If the rate of VAT changes between the date of your order and the Dispatch Confirmation, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- Product prices in USD ($) exclude taxes, duties and delivery charges. 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.
- Product prices and delivery charges 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.
- Whilst we make every effort to try and ensure that all prices on our site are accurate, sometimes despite our best efforts, errors do occur. We will normally verify prices as part of our dispatch procedures. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
- Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard, Maestro cards. All orders placed are charged for immediately at the time of ordering.
- All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order.
We will aim to process your order within 24hrs of the confirmed payment receipt date (excluding weekends). Orders for UK addresses will be sent on a “Next day” service. For orders within Europe, delivery should be expected within 2-3 days. Rest of World orders should be delivered within 5 working days, customs formalities may affect delivery times.
Your order will be delivered during normal business hours if payment has been confirmed to the address supplied during our checkout process, and 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. Please note that there are restrictions on the locations to which we deliver Products purchased on our site.
All deliveries are made from Lily Gabriella (UK) Ltd in the United Kingdom.
Deliveries made by courier require a signature on delivery. If no one at the receiving address is available to sign for the delivery, the courier will leave a card for you to contact them to arrange a date for redelivery. For this reason, it is not possible to deliver to APO/BFPO, PO Box address or a hotel.
For orders placed in GBP (Great British Pounds)
DELIVERY WITHIN THE UNITED KINGDOM
Goods Value Delivery Charge Up to £1499.99 £10.00 £1500.00 and above Complimentary
All UK orders are sent via courier, and require a signature on delivery.
DELIVERY WITHIN THE EUROPEAN UNION (EXCEPT THE UK).
Goods Value Delivery Charge Up to £1499.99 £15.00 £1500.00 and above Complimentary
DELIVERY TO ALL OTHER DESTINATIONS
Goods Value Delivery Charge Up to £1499.99 £25.00 £1500.00 and above Complimentary
DELIVERY TO ALL DESTINATIONS
Goods Value Delivery Charge Up to $2249.99 $37.50 $2250.00 and above Complimentary
Risk for Damage and Ownership
- The Products will be your responsibility from the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage, please make a note on the delivery slip and contact Lily Gabriella.
- Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Cancellations, Returns and Refunds Policy
- If you are not completely satisfied with your purchase or the Products are not delivered in perfect condition, please return them with proof of purchase within 30 days of receipt and we will arrange for an exchange or refund, subject to availability.
- For personalised/commissioned items, work will not commence until 7 days after your order has been received. We can commence work prior to this time, but must have your written permission to do so. Unfortunately, we regret that we are unable to offer refunds on personalised items. This policy does not affect your statutory rights.If you return a Product to us:
- Please notify us within 7 days from receipt of goods. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, and any applicable delivery charges.
- We will refund any money received from you using the same method originally used by you to pay for your purchase.
- No refund or exchange will be offered on Products that you return to us incomplete, damaged or soiled.
- We can organise for the return of your item(s) through our courier service. Email us at email@example.com
All Lily Gabriella products are guaranteed against defects in workmanship for twelve months from the date of purchase (this in no way affects your statutory rights). However, in the unlikely event your Lily Gabriella product does not match up to our exacting standards, we will try our hardest to put matters right.
Should any manufacturing fault appear on your Lily Gabriella product within twelve months of purchase, please return it to us with proof of purchase. Where possible, we will try to repair it, or if it cannot be repaired, we will replace it for you.
For any damage resulting from normal “wear and tear”, an accident, or damage that has occurred outside of our guarantee period, please contact us at firstname.lastname@example.org and will be pleased to provide you with a quote for repair where possible.
Please be aware that repairs may take up to twelve weeks.
Import Duty & Tax
- 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.
- 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.
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.
All notices given by you to us must be given to Lily Gabriella (UK) Ltd, 2 Carlos Place, London W1K 3AL, United Kingdom. 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 10 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.
Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- 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.
- 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.
Events Outside our Control
- 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).
- 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:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 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; and
- pandemic or epidemic.
- 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 endeavors 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.
- 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
Our Right to Vary these Terms and Conditions
- We have the right to revise and amend these terms and conditions from time to time.
- 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).
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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
www.lilygabriella.com is operated by Lily Gabriella (UK) Ltd. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Lily Gabriella (UK) Ltd, 2 Carlos Place, London W1K 3AL, United Kingdom. We are registered in England and Wales under company number 09679144. Our VAT number is GB 217 6579 82.
Information we may collect from you and use made of the information
We may collect and process the information that you provide to us when completing forms on our site www.lilygabriella.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. Similarly, if you contact us we may keep copies of that correspondence.
When ordering products from us, we will collect details of your transactions (including credit/debit card information) and the fulfilment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access may also be recorded.
There are various reasons for this. Lily Gabriella must ensure that content from our site is presented in the most effective manner for you and for your computer. It also enables us to carry out our obligations under any contract that you and Lily Gabriella enter into.