Terms Of Service
OVERVIEW
Welcome to Lily & Lila. Throughout the site, the terms “we”, “us” and “our” refer to Lily & Lila. By visiting our website and/or purchasing products from us, you engage in our Services and agree to be bound by the following Terms of Service (“Terms”).
These Terms apply to all users of the site, including without limitation browsers, customers, merchants and contributors of content. Please read these Terms carefully before accessing or using our website. If you do not agree to all the Terms, you may not access the website or use any Services.
Our store is hosted on Shopify Inc., which provides us with the online ecommerce platform that enables us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years old or have the permission of a parent or guardian to use this site.
You must not use our products for any unlawful or unauthorised purpose, nor may you violate any laws in your jurisdiction through the use of this website.
A breach of any of these Terms may result in immediate termination of your access to our Services.
SECTION 2 – PRODUCTS
We make every effort to display our jewellery, colours and product details as accurately as possible. However, we cannot guarantee that your device’s display of colours will be completely accurate.
Due to the handcrafted nature of some pieces and the use of natural stones and materials, slight variations in colour, texture, finish and appearance may occur between products and are not considered faults.
All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
JEWELLERY CARE
To maintain the longevity of your jewellery, we recommend avoiding exposure to water, perfumes, lotions and chemicals. General wear and tear, improper use or failure to follow care instructions may affect the appearance and lifespan of your jewellery over time.
SECTION 3 – ORDERS
All orders placed through our website are subject to acceptance and availability.
We reserve the right to refuse or cancel any order at our discretion, including where products are unavailable, pricing, typographical or product description errors occur, or fraudulent activity is suspected.
Once an order has been placed, we may not be able to amend or cancel it.
SECTION 4 – PRICING & PAYMENT
All prices displayed on our website are in Australian Dollars (AUD).
Prices are subject to change without notice.
Prices displayed online may differ from prices offered at pop-up events, markets, studio appointments or other in-person retail locations operated by Lily & Lila.
Products available online may differ from products available at markets, pop-ups or private studio appointments.
We reserve the right to correct any pricing, typographical or product description errors or inaccuracies at any time.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our website.
SECTION 5 – SHIPPING
Shipping timeframes provided are estimates only and are not guaranteed.
Lily & Lila is not responsible for delays caused by postal carriers, customs processing or circumstances outside of our control.
Risk in the products passes to you upon dispatch of the products to the shipping carrier.
Title and ownership of products passes to you once full payment has been received.
SECTION 6 – RETURNS & REFUNDS
Returns and exchanges are subject to our Refund Policy available on our website.
For hygiene reasons, earrings cannot be returned or exchanged unless deemed faulty in accordance with Australian Consumer Law.
Sale items or promotional purchases may not be eligible for change of mind returns unless required under Australian Consumer Law.
If you believe your item is faulty, please contact us at info@lilyandlila.com.au with your order number and photographs of the item so we can assess the issue in accordance with Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law.
SECTION 7 – INTELLECTUAL PROPERTY
All content on this website, including logos, images, graphics, product names, text and designs, is the property of Lily & Lila and is protected under applicable copyright, trademark and intellectual property laws.
You may not reproduce, distribute, modify or use any content from this website without our prior written consent.
SECTION 8 – THIRD PARTY LINKS
Certain content, products or Services available via our website may include materials from third parties.
We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant or have any liability for third-party materials, products or Services.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or conditions of any kind.
SECTION 10 – PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – USER COMMENTS & FEEDBACK
If you submit comments, reviews, suggestions or other content to us, you agree that we may use, edit, publish and reproduce them without restriction.
We reserve the right to remove content that we consider unlawful, offensive, defamatory or otherwise inappropriate.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or its content:
• for any unlawful purpose
• to violate any laws or regulations
• to infringe upon our intellectual property rights
• to harass, abuse or discriminate against others
• to upload viruses or malicious code
• to collect personal information of others
• for spam, phishing or fraudulent purposes
We reserve the right to terminate your use of the website for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
To the fullest extent permitted by law, Lily & Lila provides this website and all products on an “as is” and “as available” basis.
We do not guarantee that your use of the website will be uninterrupted, timely, secure or error-free.
To the extent permitted by law, Lily & Lila shall not be liable for any indirect, incidental or consequential damages arising from your use of the website or purchase of our products.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
SECTION 14 – INDEMNITY
You agree to indemnify and hold harmless Lily & Lila and its affiliates, directors, employees and contractors from any claim or demand arising out of your breach of these Terms or your violation of any law or rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by either you or us.
We may terminate or suspend access to our Services immediately without notice if you breach these Terms.
SECTION 17 – GOVERNING LAW
These Terms of Service are governed by the laws of Victoria, Australia.
Any disputes relating to these Terms or the use of our website shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
SECTION 18 – CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time by posting changes on our website.
Your continued use of the website following any changes constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Lily & Lila
Melbourne, Australia
info@lilyandlila.com.au