Terms and Conditions General Shoppers
Lilac Blue Weddings Terms and Conditions of Use of the Site and Provision of Services ("Terms and Conditions").
Introduction
This site is owned and operated by Lilac Blue London Ltd, (company number 4563798), ("Lilac Blue") whose registered office is located at 10 Carlisle Street, London W1D 3BR. For the purposes of these Terms and Conditions, "you" means you in your capacity as user. By using this site you accept these Terms and Conditions. If you do not accept these, please do not use the site or any of Lilac Blue services.
Description of Service
If you log into a Couple's Gift List you will have the opportunity to buy any one or more of these gifts and to have them sent to the Couple's registered address.
Lilac Blue does not provide any equipment or software enabling you to connect to the Lilac Blue Weddings service; you need to provide all necessary equipment. Lilac Blue is not responsible for any costs that you may incur while using the service, such as telephone bills and you are accountable for all such expenses. You are aware that Lilac Blue provides no technical or customer support for any of your equipment/software or connection and we can only assist with any problems you may have relating to the service. Should you have any problems or complaints please call us on 0845 388 1038 or e-mail us at customersupport@lilacblue.com
Placing an Order
Once you have chosen any goods you wish to purchase you will be asked how you wish to proceed with payment for the goods, either by credit card or cheque.
Use of personal information when you place an order
Each time you place an order we collect your credit/debit card details so that we can charge for our service. In order to process the transaction we pass your details onto Lloyds Cardnet Merchant Services. We do not permit the bank to pass your details onto any other third party. By submitting your credit/debit card details you authorise us to charge the cost of the service or products ordered to your card and to pass your details to Lloyds Cardnet Merchant Acquirer Services.
Delivery
Deliveries take place as soon as is reasonably practical according to the Couple’s wishes and the availability of the Gifts purchased. Deliveries may be carried out by third parties (unless special arrangements are made), and thus Lilac Blue Wedding's ability to guarantee delivery dates is restricted. Lilac Blue will use reasonable endeavours to ensure that delivery dates are met. Where delivery dates are given, they are not guaranteed and time is not the essence of the contract. Deliveries will only be made if the order is deemed complete.
Availability
Whilst every attempt will be made to maintain stock of items, no guarantee of availability can be given. If an item ordered is not immediately available, Lilac Blue Weddings will contact the Couple providing an estimated availability date. The couple will then have the option of cancelling or changing their order.
Prices
Prices are those reflected on the Lilac Blue Wedding's site and are at recommended retail prices. No additional charge is made for administration or gift wrapping. Products are purchased from third party suppliers, and therefore prices are subject to change from time to time without notice, however any orders placed at a particular time will be governed by the prices listed on the Lilac Blue Weddings site at the time of the placing of the order. Quoted prices by Lilac Blue Weddings include postage and packing.
Postage and Packaging
There is no charge for postage and packaging if the Couple is registered with Lilac Blue Weddings and the gift is to be sent to the Couple’s home. A charge for postage and packaging will be added to your order if the gift is going to a non-registered couple. Deliveries are restricted to the UK. If you would like to order something to be delivered to another jurisdiction please e-mail us on inquiries@lilacblue.com.
VAT
VAT is included in the prices reflected on the Lilac Blue site or in any correspondence from Lilac Blue unless otherwise specified, and is charged at the rate then applicable, which is currently 17.5% in the UK.
Ordering
An order is deemed complete if all relevant information requested throughout the order process has been entered correctly and you have agreed to these Terms and Conditions and any others applicable to your order. In the event of an order being deemed incomplete, Lilac Blue will send you an e-mail requesting any missing information and letting you know how to complete your order effectively. Once all the information requested is received by Lilac Blue, then your order will be deemed complete.
Sale of alcohol
If you purchase goods containing alcohol, you must be over 18 years of age when you place your order. In addition, the person to whom you are sending such goods must also be at least 18 years of age at the time of the order placement. During the order process, you must enter a tick into the box provided, confirming that you and the receiver of goods containing alcohol are both over 18 years of age. Failure to do this will result in your order being deemed incomplete.
Hours of business
Lilac Blue may only process orders during core hours of business, which are as follows: 9.00am to 5.30pm Monday to Friday, except UK bank holidays. You may also place orders on the telephone during our hours of business or via-email. An order can be placed via the Internet at any time.
Payment
Payment of all sums due under these Terms and Conditions or any agreement between you and Lilac Blue shall be made by debit, credit card or cheque (on completion of each order) and payment of all such sums shall be made in full (without any set-off, deduction or withholding whatsoever).
Provision of information
You will promptly provide Lilac Blue Weddings (free of charge) with all information and co-operation that Lilac Blue Weddings may reasonably require from time to time to enable Lilac Blue to proceed uninterrupted with the performance of its obligations under any agreement with you and to fulfil any orders made by you.
Prohibitions
You agree to use this service to send gifts only to people who you, in good faith, believe would like to receive them. You also agree that you will not use the Lilac Blue service to: • send or transmit anything that is defamatory, indecent, abusive, threatening, harmful, vulgar, obscene, hateful, or unlawful of any kind or nature; • send or transmit anything in any form that encourages conduct that could constitute a criminal offence or give rise to any liability; • infringe copyright or other intellectual property rights; • abuse the legal rights of third parties including any rights of privacy or confidentiality; • violate any applicable laws, codes or regulations; • stalk, threaten, abuse or harass anyone who you are reasonably aware would not wish to receive gifts from you; or • create a false identity with the intention of misleading others.
Lilac Blue Weddings is under no obligation to send or monitor the contents of correspondence sent using its service and is not liable in any way for the content of correspondence sent using this service. Lilac Blue, however, reserves the right to refuse to deliver any correspondence that in its reasonable opinion is in breach of these Terms and Conditions. Lilac Blue may disclose any information that it deems necessary to satisfy any applicable law, regulation, code, legal process or government request.
Return of Goods
You shall, within seven days after purchase, notify Lilac Blue Weddings, in writing, of any cancellations after purchase. If you or the Couple is not satisfied with the goods for whatever reason, they can be returned within 30 days of receipt for replacement, refund or gift certificate. Goods must be returned in the condition received. Damaged, faulty goods, or loss/shortage in transit must be notified to Lilac Blue Weddings within seven days of receipt or expected receipt of order, and if the fault was due to Lilac Blue or its suppliers, Lilac Blue will also reimburse you any reasonable costs in returning the goods. This does not affect your statutory rights.
Cancellation
You may cancel an order either by e-mail (cancellation@LilacBlue.com) or by calling 0845 388 1038. If the order has already been dispatched to the Couple, then the Couple will need to return the products to Lilac Blue Weddings within 30 days of receipt of goods in the condition received. You must follow the procedure detailed in the Return of Goods section above. Refund of the order will be made within 2 working days of receiving your cancellation, or within 2 working days of receipt of returned goods at Lilac Blue Weddings in cases where the order has already been dispatched. This does not affect your statutory rights.
Lilac Blue reserves the right to modify or discontinue, temporarily or permanently, the Lilac Blue Weddings service for any reason without prior notification to you. You agree that if Lilac Blue exercises its rights to modify or discontinue the Lilac Blue Weddings service it will not be liable to you or to any third party for anything.
Assignment/subcontracting
You shall not assign or delegate all or any of your rights or obligations under any agreement with Lilac Blue Weddings without Lilac Blue Weddings's prior written consent, such consent not to be unreasonably withheld.
Lilac Blue Weddings shall have the right to assign, subcontract or transfer all or any of its rights and obligations under any agreement with you to any person save that where that person is not an associated company Lilac Blue Weddings shall notify you prior to exercising this right.
Terms and Conditions - Use of the Site
Copyright
All copyright, database right and other intellectual property rights in all the material on the site or contained in e-mails or other communication from Lilac Blue including but not limited to site design, structure, page layouts, graphical images and underlying software code (collectively the "Content") belongs to Lilac Blue or its licensors. All rights are reserved, except for the limited rights expressly granted below. You should note that some of the Content of the site may be subject to restrictions imposed by its owners who licence its use to Lilac Blue.
Trademark notice
The Lilac Blue Weddings logo, "LBW", "Lilac Blue Weddings" and "Lilac Blue" are trademarks of Lilac Blue.
Limited right to use
Subject to other third party restrictions such as those described above, you may access, print and download the Content onto electronic, magnetic, optical or similar storage media provided that: a. such activities are for private research, study or your own personal use only; and b. none of the text or associated images or graphics are modified in any way; and c. the text, images and graphics contained therein are not separated from each other in any way; and d. no part of the Content is used for any commercial purpose other than for the personal use by you or some other legal entity not extending to any display to or use involving any (paying or prepaying) customers; and e. all activities are conducted manually without the use of automatic software to perform multiple accesses or any other automated processing of the Content.
You may not otherwise copy, collect, distribute or transmit any of the Content and you may never sell or publish any of the Content, without prior written permission from Lilac Blue. Any request for such permission should be addressed to Lilac Blue at legal@lilacblue.com.
To the extent you are permitted to reproduce any Content, you must also include in such copies all copyright, trademark or other proprietary notices contained in the Content.
Limitation of Liability - Use of Site
You agree that any material or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from downloading or use of such material or data. Lilac Blue assumes no responsibility for the Content and disclaims all liability in respect of your use of it.
Users
By using the site you agree: • to abide by all local laws applicable to you in the use of the site and Lilac Blue service; • to be solely responsible for your actions and the content of your transmissions in any form through the site and the Lilac Blue Weddings service; • not to attempt to breach any security or privacy mechanisms associated with the site or the Lilac Blue Weddings service or to attempt to collect information about any other persons through the service.
Limitation of Liability - Provision of Services
Lilac Blue Weddings shall not be liable for any loss or damage sustained or incurred by you or any third party unless it is caused by the negligence or wilful misconduct of Lilac Blue Weddings or its employees and then only to the extent not excluded by these Terms and Conditions and/or any applicable other agreement with you. Lilac Blue Weddings shall indemnify you and keep you fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of Lilac Blue Weddings, its employees, or by any breach of its contractual obligations. Except in respect of injury to or death of any person, for which no limit applies, the respective liability of Lilac Blue in respect of each event or series of connected events shall not exceed £250,000 or the Price of the particular order from which such liability arose, whichever is the greater. This does not affect your statutory rights.
Other terms and conditions applicable to your Use of the Site and of the Lilac Blue service
Payment
Payment for goods and Lilac Blue Weddings services is required at point of sale. Goods will not be dispatched and services will not be supplied until payment is received and/or unless either a credit/debit card has been verified, or a cheque received and cleared.
Indemnity
You agree to indemnify and hold Lilac Blue Weddings, its partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site or the Lilac Blue Weddings service, the violation of these Terms and Conditions by you, or the infringement by you, or others using your subscriber's account, of any intellectual property or other right of any person or entity.
Warranty Disclaimer
Lilac Blue Weddings uses reasonable efforts to obtain data from reliable sources and to keep the Content reasonably accurate and up to date. Lilac Blue Weddings does not endorse or represent the accuracy, truthfulness or reliability of any information provided on or by means of the site or in any other communication with you. The Content is intended for your general information and use. You should not rely on the Content in making any specific decisions especially important personal, financial or business decisions. You agree to consult professional organisations for important advice that is specifically tailored to your particular circumstances. Lilac Blue Weddings shall not be liable for any typographical or other errors or omissions in the Content.
Lilac Blue hereby excludes to the extent permitted by law any and all warranties, representations, conditions and other terms whether express or implied statutory or otherwise concerning your use of this site including but not limited to implied terms as to quality, fitness for a particular purpose, title and non-infringement of third party intellectual property rights. In particular, Lilac Blue Weddings makes no warranty that your use of the site and/or the Lilac Blue services will be uninterrupted, timely, secure or error free.
Links
All links that connect this site with other sites or contained in correspondence from Lilac Blue Weddings are provided solely for your convenience and information and Lilac Blue Weddings does not endorse or recommend any such sites.
Breach of any of these Terms and Conditions
In the event of you being in breach of any of these conditions, Lilac Blue shall be entitled to refuse to supply you or the couple with any further goods, or suspend delivery until all breaches have been remedied.
Termination
You agree that Lilac Blue Weddings may, at its sole discretion, terminate your use of the Lilac Blue Weddings site and/or service at any time and for any reason.
Notices
All notices to Lilac Blue shall be in writing and shall be made either via e-mail or post to the addresses in Contact Us. Lilac Blue Weddings may broadcast notices or messages through the website and these shall constitute notice users and subscribers.
Statutory Rights
These Terms and Conditions do not affect your statutory rights, and if any term or condition is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provisions in question shall not be affected.
Force majeure
Neither party shall be liable to the other under these Terms and Conditions or any other agreement between the parties, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrations or other competent authority, war, military operations, acts of terrorism or riot.
Applicable laws
These Terms and Conditions, the site, its Content, the provision of Lilac Blue Weddings services and all use of the site and services shall be governed by English Law, and you and Lilac Blue submit to the exclusive jurisdiction of the English courts (save that Lilac Blue may take action in relation to enforcement of its intellectual property and other rights in any court worldwide). Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. You may not use the Lilac Blue Weddings site to do anything that is not lawful in the place where you access the site.
|