Terms and Conditions
1. CONDITIONS OF USE OF THE WEB AND PRIVACY POLICIES
This document establishes the conditions governing the use of this website (lily-collection.com) (the “Web”) and the purchase of products in the same (the Conditions).
You should read them periodically, as those Policies that are in effect at the time of using the website or placing orders will be applicable.
The information or personal data you provide about you will be treated in accordance with the provisions of the Data Protection Policies. By making use of this website you consent to the processing of such information and data and declare that all the information or data you provide us is true and corresponds to reality.
If you have any questions regarding the Conditions or Policies, do not hesitate to contact us through the means provided on the web.
2. LILY APPAREL SL
The sale of products on the Web is carried out by LILY APPAREL, S.L., a Spanish company with registered office at Rambla de Catalunya 125, 08008 Barcelona, registered in the Mercantile Registry of Barcelona. Our phone number is +34 938 297 514 and the email firstname.lastname@example.org.
3. USE OF THE WEBSITE
When placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. By using the Website and placing orders through it, you agree to:
a) Use this website only for legally valid inquiries or orders.
b) Do not place any false or fraudulent order. If it could reasonably be considered that such an order has been made, we will be authorized to cancel it and inform the relevant authorities.
c) Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use such information to contact you if necessary (see our Policies).
If the information provided is wrong or incomplete, we will not be able to place your order.
4. PURCHASE OF PRODUCTS THROUGH THE WEB
Territory - The items offered through this website are only available for shipment to Spanish territory (except the Canary Islands, Ceuta and Melilla).
Stock availability - All orders are subject to stock availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you have paid.
Place an order - To place an order, you must follow the instructions on the Web and click on Authorize Payment. Once the order is placed, you will receive an email acknowledging receipt of your order (the Order Acknowledgment).
Also, we will inform you by email when your order is being sent to you (Shipping Confirmation).
Delivery of the order - Unless there are unforeseen or extraordinary circumstances, we will send the order consisting of the products / s listed in each Shipping Confirmation within the period indicated on the website according to the selected shipping method.
If for some reason we could not meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with the refund of the price paid. We do not deliver at home on Saturdays, Sundays, or holidays.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when you or a third party indicated by you acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.
If we find it impossible to deliver your order, we will do our best to find an alternative. If this is not possible, your order will be returned to our warehouse. We will also leave a note explaining where your order is and how to recover it.
In the event that 30 days have elapsed since your order is available for delivery, the order has not been delivered for cause not attributable to us, we will understand that you wish to withdraw from the contract and consider it resolved. As a result of the termination of the contract, we will refund all payments received, within a maximum period of 14 days from the date we consider the contract terminated.
Please bear in mind that the transport derived from the termination of the contract may have an additional cost, so we will be authorized to pass on the corresponding costs.
The risks of the products will be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in this clause), if it had place at a later time.
Price and payment - The prices of the website include VAT, but exclude shipping costs, which will be added to the total amount due as stated on the Website.
Prices may change at any time, but the changes would not apply to orders already placed with respect to which we have already sent you an Order Confirmation.
Once you have selected all the items you want to buy, and added them to your cart, you must process the order and make the payment. To do this, you must follow the steps of the purchase process, filling out or checking the information requested in each step. During the purchase process, before making the payment, you can modify the data of your order. Registered users will have a detail of all orders placed in the My Account section.
Accepted payment methods are: Visa, Mastercard, American Express; and PayPal. You can also pay with a gift coupon if you had it.
Once we receive your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouses, or at the time we confirm the order in case of Paypal. By clicking Authorize Payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit card.
Credit cards will be subject to checks and authorizations by the issuing entity. If said entities do not authorize payment, Lily Apparel will not be responsible for any delay or non-delivery.
This website also allows purchase through the purchase functionality without registration. In this mode of purchase, you will only be asked for the essential data to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the Spanish VAT application territory If the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.
You expressly authorize us to issue the invoice in electronic support. However, you can indicate at any time your willingness to receive an invoice on paper support, in which case, we will issue and forward the invoice in that format.
5. RETURN POLICY
Right of withdrawal / Return - If you are hiring as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period will expire after 14 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, On the 14 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.
To exercise the right of withdrawal, you must notify LILY, with the subject “Online order withdrawal” to the address Rambla de Catalunya 125, 08008, Barcelona, Spain, at +34 938 297 514, by writing to the email info @ lily.com.es or our contact form, your decision to withdraw from the Contract through an unambiguous statement (for example, a letter sent by postal or electronic mail). To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right be sent before the corresponding term expires.
In case of withdrawal on your part, we will refund all payments received, including delivery costs (except if you chose an extra cost delivery method), no later than 14 calendar days from the date on which inform us of your decision to withdraw from this Agreement. We will proceed to make said refund using the same payment method used by you for the initial transaction. You will not incur any expenses as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return.
You must return or deliver the products directly to any of the LILY stores in Spain, or send the products to Rambla de Catalunya 125, 08008, Barcelona, Spain, no later than within 14 calendar days from the date in which you communicate your decision of withdrawal of the contract.
Unless you return the goods at a LILY store in Spain, you must bear the direct cost of returning the goods. You will only be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the products.
Limitations - You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products: (a) Personalized items; (b) Goods sealed for hygiene reasons that have been unsealed after delivery; (c) Cosmetic products: they must be returned in the same packaging, under the same conditions in which they were delivered and without the product being used.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product / s while in their possession. Please return the item using or including all of its original packaging and other documents that may accompany it.
After examining the article we will inform you if you are entitled to reimbursement of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you communicated to us your intention to withdraw. However, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first.
Defective products - In cases where you consider that at the time of delivery the product does not conform to the provisions of the contract, you must contact us immediately through any of the means indicated in these conditions.
The product can be returned at any of our LILY stores in Spain, or by sending it to the address indicated above.
We will proceed to examine the returned product carefully and will notify you by e-mail within a reasonable period of time if it is necessary to refund or replace it (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully refunded, including delivery costs incurred to deliver the item and the costs you incurred to return it to us. . The refund will be made in the same means of payment that was used to pay for the purchase. In any case, the rights recognized by current legislation are safe.
Responsibility - Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on the Web will be strictly limited to the purchase price of that product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin: (a) loss of income or sales; (b) loss of business; (c) loss of earnings or loss of contracts; (d) loss of anticipated savings; (e) loss of data; and (f) loss of management time or office hours.
Due to the open nature of the Web and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is expressly state otherwise in it.
All product descriptions, information and materials contained in this website are provided without express or implied warranties on them except those legally established. In this sense, if you hire as a consumer and user, we are obliged to deliver items that are in accordance with the Contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that (i) they conform to the description and possess the qualities that we have presented on this website, (ii) are suitable for the uses to which products of the same type are ordinarily destined. and (iii) present the usual quality and performance of a product of the same type that is fundamentally expected.
The variation in the grain, texture, knot and color will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select products of the highest quality, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who Licensed for use. You may use this material only in the manner in which LILY expressly authorizes it.
You must not misuse this website by intentionally introducing viruses, Trojans, worms, or any other program or material that is technologically harmful or harmful. You will not attempt to have unauthorized access to this web page, to the server on which this page is hosted or to any server, computer or database related to our web page. You agree not to attack this web page through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, immediately cease to be authorized to use the Web.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this page web or downloading content from it or to which it redirects.
In the event that our website contains links to other web pages and third-party materials, such links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
By using this website, you agree that most of the communications with LILY are electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications you send us should preferably be sent through our contact form. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter . To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, it was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.
8. ASSIGNMENT OF CONTRACT RIGHTS AND OBLIGATIONS
The contract is binding for both you and us, as well as for our respective successors, assignees and successors.
You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising therefrom, without obtaining our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, are recognized by law or will void, reduce or otherwise limit the guarantees, both express and implied. , that we could have granted him.
9. FUERZA MAYOR
We will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control (Force Majeure).
The Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following: (a) Strikes, lockouts or other claims, (b) Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war, (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, (d) Impossibility of use of trains, ships, airplanes, motor transport or other means of transport, public or private, (e) Inability to use public or private telecommunications systems, (f) Acts, decrees, legislation, regulations or restrictions of any government or authority public
It will be understood that the obligations will be suspended during the period in which the Force Majeure continues. We will use all reasonable means to end the Force Majeure or to find a solution that allows us to fulfill our obligations despite the Force Majeure.
10. ADDITIONAL CLAUSES
Disclaimer - The lack of requirement on our part of strict compliance by you of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions or exonerate you from complying with such obligations.
No waiver by us of a specific right or action will mean a waiver of other rights or actions derived from the contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the contract shall take effect, unless expressly stated that it is a waiver and formalized and communicated to you in writing in accordance with the provided in the Communications section above.
Partial nullity - If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity .
Entire Agreement - These Conditions and any document referred to expressly therein constitute the entire agreement between you and LILY in relation to the object of the same and replace any other agreement, agreement or previous promise agreed upon Between you and us verbally or in writing.
Both parties acknowledge that they have consented to the conclusion of the contract without having relied on any declaration or promise made by the other party or that could be inferred from any statement or written in the negotiations initiated by the two before said contract, except as expressly stated mentioned in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action that Will arrange the other party will be for breach of contract in accordance with the provisions of these Conditions.
Right to modify the Conditions - LILY reserves the right to revise and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use the Web or make each order, unless by law or decision of government agencies we must make retroactive changes to these policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.
11. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts for the purchase of products through said website will be governed by Spanish law.
Any dispute that arises or is related to the use of the website or to such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.
12. COMMENTS, SUGGESTIONS AND CLAIMS
Your comments and suggestions will be well received. Please send them to us, as well as any questions, complaints or claims, through our contact form, the telephone number or the postal or email address indicated in these Conditions.
Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification code that we will put in their knowledge and will allow them to track them.
If you as a consumer believe that your rights have been violated, you can address your complaints through the email address email@example.com in order to request an out-of-court dispute resolution.
In this regard, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial resolution with us of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.
13. VISA OR MASTERCARD CREDIT CARD
We guarantee that each of the transactions made in Lily Apparel is 100% secure. All operations involving the transmission of personal or bank data are performed using a secure environment. Lily Apparel uses a server based on standard SSL (Secure Socked Layer) security technology. All the information that you transmit to us travels encrypted through the network. (If you want to know more, visit our Secure Payment section).
Likewise, the data on your credit card is not registered in any database but goes directly to the POS (Point of Sale Terminal) of the Bank.
In addition, we inform you that in an effort to provide greater security to credit card owners, we have incorporated in our payment gateway the secure payment system called CES (Secure Electronic Commerce). In this way, if you are the holder of a “secured” card, you can always make payments with a VISA or MASTERCARD card in our store.
In the event that your card is not attached to this payment system, Lily Apparel will only accept payment by VISA or MASTERCARD credit card to customers with age and reliability shown above.
In both cases, when paying with a VISA or MASTERCARD card, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD card, offering, in this way, more guarantees about the security of the transaction.
Important: Credit card fraud is a crime, and Lily Apparel will bring legal action against anyone who makes a fraudulent transaction in our online store.