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Terms of service

OVERVIEW

This website (www.lilytheswan.com) is owned and operated by LILY THE SWAN LTD (Company Registration Number: 13049528 (England and Wales) Registered Business Address: 51 Pinfold Street, Unit 113, Birmingham, B2 4AY, United Kingdom. Throughout the site, the terms “we”, “us” and “our” refer to LILY THE SWAN LTD and the terms “you”, “your” and “the buyer” refer to the users, buyers and viewers of our website. LILY THE SWAN LTD offers this website, including all information, tools and services available from this site to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing our goods, the buyer engages our “Service” and agrees to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including and without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

In the event we are unable to fulfil the order due to unforeseen circumstances, i.e.; a courier services ceasing to operate or internal inventory shortages, you will be notified and offered an equivalent credit note for future use within 12 months from the date of the original order.

By placing an order with us, the buyer agrees and is bound by our Terms of Service. Please read them carefully before using our website and/or placing an order. If you do not agree with the Terms of Service as stated, you should not place an order. The Terms of Service may be amended at any time without prior notice. If you have any questions or queries relating to the terms and conditions, please contact us at info@lilytheswan.com.

Our store is hosted on Shopify Inc. Shopify Inc is an online e-commerce platform that permits the sale of our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, it is represented that the buyer are at least the age of majority in your state or province of residence, or is the age of majority in your state or province of residence and permits consent for the buyers dependents minors to use this site.

The buyer may not use our products for any illegal or unauthorised purpose nor in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

The buyer must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Products and Services to you.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

The buyer understands that all acquired content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The buyer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall endeavour to ensure that all goods sold are true to their description and fit for purpose, however material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the buyers own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The total purchase price, including VAT and delivery charges, if any, will be displayed in your shopping cart prior to confirming the order.

Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods, unless otherwise agreed by us.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on our websites and social media platforms. We would not be liable for colour distortions caused by computer monitor display.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

In the event an ordered item is out of stock, the buyer shall be notified and given the option to either wait until the goods are available from stock or cancel the order and receive a full refund within 14 days.

SECTION 6 – PROMOTIONS

LILY THE SWAN LTD's Terms and Conditions are not applicable to promotions. Promotions' Terms and Conditions shall be applicable per promotion.

In the event of a direct inconsistency between the promotion's terms and general terms governing LILY THE SWAN LTD these terms, the buyer shall be bound by the terms of the promotion.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The buyer agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 – DELIVERY

Acceptance of delivery of the goods or payment for the goods, whichever event occurs first, shall be deemed conclusive evidence of your acceptance of these Terms and Conditions.

Delivery of the goods shall be made to the address specified by you in the order and the responsibility falls on you to make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

The risk in goods shall be passed to you upon delivery of the goods.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, upon our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, click here.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The buyer agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without prior notice.

The buyer expressly agrees that use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall LILY THE SWAN LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

The buyer agrees to indemnify, defend and hold harmless LILY THE SWAN LTD and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The United Kingdom and the parties hereby submit to the exclusive jurisdiction of the courts in The United Kingdom.

SECTION 21 - CHANGES TO TERMS OF SERVICE

The buyer can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. The continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - SAFETY DISCLAIMER

LILY THE SWAN LTD will not provide any products to our users until the Terms of Service and Safety disclaimers are accepted and acknowledged, our terms include this safety disclaimer and must be selected at the checkout stage before an order is successfully processed.

LILY THE SWAN LTD would not be held responsible for any injury or damage claims caused by any use of its products. LILY THE SWAN LTD asks that users do not abuse the use of our products. It is the buyers’ responsibility to read all Terms of Service and safety precautions before purchase.

All merchandise contained on this website is sold under the condition that we cannot guarantee the user freedom from injury. This website and the information, services, products and materials contained on are provided on an “as is” basis without any warranty. LILY THE SWAN LTD disclaims all representations and warranties, expressed or implied, as to the operation of the website and the information, services, products, and materials on this website, to the maximum extent permitted by applicable law. Under no circumstance will LILY THE SWAN LTD be liable for damages of any kind arising from the use of this website or any goods or services obtained on this website, including direct, indirect, consequential, incidental, special or punitive damages (even if LILY THE SWAN LTD has been advised of the possibility of such damages), to the fullest extent permitted by law.

Please note that all our latex balloons are made from latex. LILY THE SWAN LTD shall not be liable for ANY claim caused by an allergic reaction to latex or any LILY THE SWAN LTD product.

WARNING CHOKING HAZARD: Children under the age of 8 years can choke or suffocate on uninflated/deflated or broken balloons. Adult supervision is required at all times. Keep uninflated/deflated balloons away from children and discard all broken balloons immediately and properly.

LILY THE SWAN LTD would not be held liable for any injuries, death, civil damages caused as result of any of its products.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@lilytheswan.com.