Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal.

Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the trader.

Day: calendar day.

Fixed-term contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

Durable medium: any tool that enables the consumer or trader to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period.

Trader: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract concluded within an organised distance sales system operated by the trader for the sale of products and/or services, where, up to and including the conclusion of the contract, only one or more means of distance communication are used.

Means of distance communication: any method that can be used to conclude a contract without the consumer and the trader being physically present in the same place at the same time.

Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Store name: Lily & Sam
Website: lilysam.com
Email address: support@lilysam.com
Company registration number: 99670739

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance contract is concluded that the Terms and Conditions can be viewed at the trader’s premises and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium.

Where specific product or service conditions also apply, the consumer may always rely on the provision that is most favourable to them in the event of conflicting terms.

If one or more provisions of these Terms and Conditions are wholly or partially void or annulled, the contract and the remaining provisions will remain in force. The provision in question will be replaced without delay, by mutual agreement, with a provision that reflects the purpose of the original provision as closely as possible.

Situations not covered by these Terms and Conditions shall be assessed in the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer is limited in time or subject to specific conditions, this will be clearly stated in the offer.

The offer is non-binding. The trader has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. Obvious mistakes or errors in the offer are not binding on the trader.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or cancellation of the contract.

Product images are intended to represent the products offered as accurately as possible. However, the trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains information that enables the consumer to understand their rights and obligations, including:

the price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal service and/or carrier may use the special arrangement applicable to postal and courier services. The postal service and/or carrier may collect VAT from the recipient of the goods;
any shipping costs;
the way in which the contract will be concluded and the steps required for this;
whether the right of withdrawal applies;
the methods of payment, delivery and performance of the contract;
the period during which the offer can be accepted or the period during which the trader guarantees the price;
the cost of distance communication, if applicable;
whether the contract will be archived after conclusion and how the consumer can access it;
the way in which the consumer can check and correct the information provided before concluding the contract;
any other languages in which the contract can be concluded;
any codes of conduct to which the trader is subject;
the minimum duration of the distance contract in the case of a fixed-term contract.

Optional information may include available sizes, colours and material types.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the stated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of this acceptance electronically. As long as receipt of the acceptance has not been confirmed, the consumer may cancel the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure online environment.

The trader may, within legal limits, verify whether the consumer is able to meet their payment obligations. If the trader has good reason not to enter into the contract, the trader has the right to refuse an order or request, or to attach special conditions to its execution.

The trader will provide the consumer with the following information, together with the product or service:

the address where the consumer may submit complaints;
the conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
information about warranties and after-sales service;
the information referred to in Article 4, unless already provided;
the conditions for terminating the contract if the contract lasts longer than one year or is indefinite.

In the case of a fixed-term contract, the previous provision applies only to the first delivery.

Every contract is concluded subject to sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer.

During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging.

If the consumer wishes to exercise the right of withdrawal, they must inform the trader in writing or by email within 14 days of receiving the product. After notifying the trader of their intention to withdraw, the consumer must return the product within 14 days and must be able to prove that the goods were returned on time.

If the consumer does not notify the trader of their wish to exercise the right of withdrawal within the required period, or does not return the product, the purchase will be considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products is the responsibility of the consumer.

If the consumer has made a payment, the trader will refund this amount as soon as possible and no later than 14 days after the withdrawal, provided that the product has been received or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for the products described below. This exclusion is valid only if the trader clearly stated it in the offer before the contract was concluded.

Exclusion of the right of withdrawal is possible only for products:

made according to the consumer’s specifications;
clearly personal in nature;
that cannot be returned due to their nature;
that may deteriorate or expire quickly;
whose price is subject to fluctuations in the financial market;
individual newspapers and magazines;
audio recordings, video recordings and computer software where the seal has been broken by the consumer;
hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is possible only for services:

relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
where performance has begun with the consumer’s express consent before the end of the withdrawal period;
relating to betting and lotteries.

Article 9 – Prices

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

By way of exception, the trader may offer products or services with prices that are subject to fluctuations in the financial market, over which the trader has no control. This dependence on fluctuations will be stated in the offer.

Price increases within three months after the conclusion of the contract are permitted only if they result from statutory provisions or regulations.

Price increases after three months are permitted only if the trader has stipulated this and they result from statutory provisions, or if the consumer has the right to terminate the contract from the day on which the price increase takes effect.

Delivery may take place from outside the EU. As a result, the postal or courier service may collect import VAT and/or customs clearance costs from the recipient. The trader therefore does not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of an error, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of reliability and the legal provisions applicable on the date the contract is concluded.

Any warranty provided by the trader, manufacturer or importer does not affect the legal rights that the consumer may exercise against the trader.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the trader corresponds to the manufacturer’s warranty period. The trader is never responsible for the final suitability of the products for each individual application by the consumer.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired by third parties;
the products have been exposed to abnormal conditions or treated carelessly;
the defect is wholly or partly the result of government regulations relating to the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will take the greatest possible care when receiving and fulfilling product orders.

The company will execute accepted orders diligently and, in any case, within a maximum period of 30 days, unless a different delivery period has been agreed with the consumer.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to cancel the contract free of charge and may be entitled to compensation.

In the event of cancellation of the contract, the trader will refund the amount paid by the consumer as soon as possible and no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the trader will make reasonable efforts to provide a replacement item. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Fixed-Term Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate an indefinite contract for the regular delivery of products or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract for the regular delivery of products or services at any time at the end of the fixed term, subject to a maximum notice period of one month.

The consumer may terminate the contracts referred to above:

at any time, without being limited to a specific moment or period;
at least in the same way as the contract was concluded;
always with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term contract for the regular delivery of products or services may not be automatically renewed or extended for a fixed period.

By way of exception, a fixed-term contract for the regular delivery of daily, weekly or other newspapers and magazines may be automatically renewed for a maximum period of three months, provided that the consumer can terminate it with a maximum notice period of one month.

A fixed-term contract may be automatically renewed for an indefinite period only if the consumer may terminate it at any time with a maximum notice period of one month.

A limited-duration trial or introductory contract will not be automatically extended and will end automatically.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a maximum notice period of one month, unless fairness and reasonableness oppose this.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.

The consumer must immediately report any inaccuracies in payment details provided to the trader.

In the event of non-payment, the trader has the right, within legal limits, to charge the consumer reasonable costs that have been communicated in advance.

Article 14 – Complaints

Complaints about the performance of the contract must be submitted to the trader within seven days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the trader will receive a response within 14 days of receipt. If a complaint requires a longer processing time, the trader will send an acknowledgement of receipt and indicate when the consumer can expect a detailed response.

If the complaint cannot be resolved amicably, it becomes a dispute subject to the applicable dispute resolution rules.

A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.

If a complaint is found to be justified, the trader will, at its discretion, replace or repair the products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

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Terms & Conditions