Terms

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by these terms and conditions, our delivery and returns policy and our privacy policy. If you do not agree to be bound by these terms and conditions you may not use or access this website.We have tried to make our terms and conditions as clear as possible, however if you do have any questions about the information here please contact us before you place an order.

 

Should you have any queries about our policies please email us at [email protected] or call us on 0208 736 5604 from Monday to Friday 9.30am-5.30pm.

 

Please note that we use paypal to process payments for shop orders on this website.

 

1.0 General

1.1 This website is operated by Lilac Butterfly (Charly Ralph-Day) (can be referred to as we/our/us”). As a user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below and our delivery and returns policy and privacy policy. Please read through these terms and conditions carefully before using this website.

1.2 We reserve the right to change these terms and conditions, our delivery and returns policy and privacy policy at any time. You should check these pages regularly to take notice of any changes we may have made to the Terms of Service. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions, our delivery and returns policy and privacy policy on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions and other policies on the above pages.

1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

1.4 When you use certain Lilac Butterfly services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.

1.5 Certain website services may require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).

 

2. The order process, delivery, payment and returns

2.1 The online store accessed through this website is operated by Lilac Butterfly (Charly Ralph-Day) and all orders are fulfilled by us.

2.2 All orders made on our website are done so under the terms of our delivery and returns policies.

 

3. INTELLECTUAL PROPERTY

3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

3.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

4. LIABILITY AND INDEMNITY

4.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

4.2Lilac Butterfly (Charly Ralph-Day) will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.Lilac Butterfly (Charly Ralph-Day) will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website andLilac Butterfly (Charly Ralph-Day) accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

4.3Lilac Butterfly (Charly Ralph-Day) will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

4.4 Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

4.5 Not withstanding the above,Lilac Butterfly (Charly Ralph-Day) aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

4.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

 

5. MISCELLANEOUS PROVISIONS

5.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

5.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

5.3 Lilac Butterfly (Charly Ralph-Day) shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.

5.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

5.5 You may not permit, create unauthorized framing of, or deep link toLilac Butterfly (Charly Ralph-Day), or the creation of derivative works thereof, from any other website under your management or control.

5.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing byLilac Butterfly (Charly Ralph-Day).

5.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

5.8 No delay or failure byLilac Butterfly (Charly Ralph-Day) to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative ofLilac Butterfly (Charly Ralph-Day).

5.9 These terms and conditions, including the documents or other sources referred to in these terms and conditions, supersede all prior representations understandings and agreements between you andLilac Butterfly (Charly Ralph-Day) relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Lilac Butterfly (Charly Ralph-Day) for your use of this website.

5.10 Nothing stated in these terms and conditions or our other policy sections affects your statutory rights.

 

If you have any questions regarding theLilac Butterfly  website, please contact us using the details supplied on this website.

 

v.1.0 January 2018:Lilac Butterfly (Charly Ralph-Day).