Terms of service

TERMS OF SERVICE

GENERAL INFORMATION

This Website is operated by Lily & Harlow. Throughout the Website, the terms “we”, “us” and “our” refer to Lily & Harlow.

Lily & Harlow provides this Website, including all information, tools and services available on it. Your use is conditioned upon acceptance of all terms, conditions, policies and notices stated herein.

By visiting our Website and/or purchasing any product from us, you engage in our “Service” and agree to the following terms and conditions, referred to as “Terms of Service” or “Terms”. You also agree to all additional terms, conditions and policies referenced in this document and/or available by hyperlink.

These Terms of Service apply to all Users of the Website, including browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to these Terms of Service.

If you do not agree to all the Terms of this agreement, you must not access the Website or use any of its services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new feature or tool added to the current store shall also be subject to the Terms of Service.

You may review the updated version of the Terms of Service at any time on this page.

We reserve the right to update, modify or replace any part of the Terms of Service by posting updates and/or changes on our Website.

It is the User's responsibility to periodically review this page to check whether it has been modified.

Continued use of or access to the Website after changes have been posted constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By using this Website, you represent that you are at least the legal age of majority in your state or province of residence, or that you are of legal age and have given us your consent to allow any minor dependent on you to use this Website.

You may not use our products for any illegal or unauthorized purpose. You may also not violate the laws of your jurisdiction when using the Service, including, but not limited to, copyright laws.

You must not transmit worms, viruses or codes of a destructive nature.

A breach of any of these conditions will result in the immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content, except for your credit card information, may be transferred unencrypted and involve:

• Transmissions over different networks.
• Modifications to adjust or adapt the content to the technical requirements of connecting networks or devices.

Credit card information will always be encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the Website through which the Service is provided without our express written permission.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS

We are not responsible if information available on this Website is not accurate, complete or current.

The information contained on the Website is provided for general informational purposes only and should not be used as the sole basis for making decisions without first consulting more accurate, complete or up-to-date sources.

Any use of the content of this Website is at your own risk.

This Website may contain historical information. Such information is not necessarily current and is provided for reference purposes only.

We reserve the right to modify the contents of the Website at any time, but we have no obligation to update its information.

The User agrees that it is their responsibility to monitor changes made to our Website.

SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part of its content, at any time and without prior notice.

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

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website.

These products or services may be available in limited quantities and may be subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your device's monitor will display colors accurately.

We reserve the right, although we are not obligated to do so, to limit the sale 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 the products or services that we offer.

All descriptions and prices of products are subject to change at any time and without prior notice, at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer made on this Website shall be void where prohibited.

We do not guarantee that the quality of products, services, information or other materials purchased or obtained by the User will meet their expectations, or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us.

We may limit or cancel, at our discretion, quantities purchased per person, household or order.

These restrictions may include orders placed through the same customer account, the same credit card and/or the same billing or shipping address.

When we modify or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when placing it.

We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by merchants, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all transactions made at our store.

You also agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete transactions and communicate with you when necessary.

For more information, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, conditions or endorsement of any kind.

We assume no liability arising from or relating to your use of tools provided by third parties.

Any use of optional tools offered through the Website is at your own risk. The User must ensure that they are familiar with and accept the terms established by the external providers.

We may also offer new services and/or features through the Website in the future, including the release of new tools and resources.

These new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

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

Third-party links included on this Website may direct you to pages that are not affiliated with us.

We are not responsible for reviewing or evaluating their content or accuracy. We also do not warrant or assume any liability for any materials, websites, products or services belonging to third parties.

We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content or any other transaction made through third-party websites.

Carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.

SECTION 9 - USER COMMENTS AND OTHER SUBMISSIONS

If, at our request, you send specific submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans or other materials without being requested to do so, whether online, by email, by postal mail or otherwise, you agree that we may modify, copy, publish, distribute, translate or use such comments at any time and without restriction.

We shall have no obligation to:

• Maintain the confidentiality of comments.
• Pay compensation for comments.
• Respond to comments.

We may monitor, edit or remove any content that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable, or that infringes any party's intellectual property or the Terms of Service.

You agree that your comments will not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You also agree that your comments will not contain defamatory, unlawful, abusive or obscene material, computer viruses or other malicious software that may affect the operation of the Service or any related Website.

You may not use a false email address, impersonate another identity or mislead us, or mislead third parties, as to the origin of your comments.

You are solely responsible for any comments you post and their accuracy.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through the Website is governed by our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information included on our Website or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, as well as to modify or update information or cancel orders if any information in the Service or on any related Website is inaccurate.

We may do so at any time and without prior notice, including after the User has submitted their order.

We assume no obligation to update, correct or clarify information in the Service or on any related Website, including pricing information, except where required by law.

No update date indicated in the Service or on any related Website shall be interpreted as confirmation that all information has been modified or updated.

ARTICLE 12 - PROHIBITED USES

In addition to the prohibitions established in the Terms of Service, you are prohibited from using the Website or its content:

• For any unlawful purpose.
• To solicit others to perform or participate in unlawful acts.
• To violate any local, international, federal, provincial or state regulations, rules, laws or ordinances.
• To infringe our intellectual property rights or those of third parties.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on sex, sexual orientation, religion, ethnicity, race, age, nationality or disability.
• To submit false or misleading information.
• To upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service, any related Website, other sites or the Internet.
• To collect or track the personal information of others.
• To generate spam, phishing, pharming, pretexting, spiders, crawling or scraping.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service, any related Website, other sites or the Internet.

We reserve the right to suspend your use of the Service or any associated Website for violating any of these prohibited uses.

ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

We do not guarantee that the results obtained through the use of the Service will be accurate or reliable.

The User agrees that we may interrupt the Service for indefinite periods or cancel it at any time and without prior notice.

The User expressly agrees that they use the Service, or their inability to use it, at their own risk.

The Service and all products and services provided through it are offered, unless expressly stated otherwise by us, “as is” and “as available”, without representations, warranties or conditions of any kind, either express or implied.

This includes implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

We shall not be liable for errors or omissions in the content or for any loss or damage of any kind arising from the use of the Service or any content or product displayed, transmitted or made available through it, even if we have been advised of that possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lily & Harlow, as well as our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees.

This shall apply to any third-party claim or demand, including reasonable attorneys' fees, arising from your breach of the Terms of Service, the documents incorporated by reference, any law or the rights of third parties.

ARTICLE 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and liabilities assumed by the parties prior to the termination date shall survive the termination of this agreement.

These Terms of Service shall remain in effect until terminated by either you or us.

You may terminate them at any time by notifying us that you no longer wish to use our services or when you cease using our Website.

If we determine that you have breached, or suspect that you have breached, any condition or provision of these Terms, we may terminate this agreement at any time and without prior notice.

The User shall remain liable for all amounts due up to and including the date of termination. We may also deny you access to our services or any part thereof.

ARTICLE 17 - ENTIRE AGREEMENT

Our failure 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 on this Website or relating to the Service constitute the entire agreement between the User and us.

These Terms govern the use of the Service and supersede any prior or current agreements, communications or proposals, whether oral or written, between the User and us, including any prior version of the Terms of Service.

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

ARTICLE 18 - GOVERNING LAW

These Terms of Service and any separate agreement through which we provide you with services shall be governed by and interpreted in accordance with applicable law.

ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE

You may review the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates and changes on our Website.

It is the User's responsibility to periodically review our Website to check for modifications.

Continued use of or access to the Website or the Service after any modifications have been posted constitutes acceptance of those changes.

ARTICLE 20 - CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to support@lilyandharlow.

SECTION 21 - TEXT MARKETING AND NOTIFICATIONS

By agreeing to SMS marketing during the checkout process and initiating a purchase or subscribing through our tools, you agree to receive recurring text notifications.

These communications may include information about your order, abandoned checkout reminders, marketing offers, transactional messages and requests for reviews.

This shall apply even if your mobile phone number is registered on any state or federal do-not-call list.

Message frequency may vary. Consent is not a condition required to make a purchase.

If you wish to unsubscribe from marketing notifications and messages, reply with the word STOP to any mobile message we send you or use the unsubscribe link included in our messages.

The User understands and agrees that other methods of opting out, such as using different words or requests, will not be considered reasonable means of unsubscribing.

We do not charge for this Service, but the User shall be responsible for all charges and fees related to text messages imposed by their wireless service provider. Message and data rates may apply.

If you have any questions, send a message with the word HELP to the number from which you received the messages.

You may also contact us at support@lilyandharlow for more information.

We have the right to modify at any time the telephone numbers or short codes used to operate the Service. We will notify you when this occurs.

The User agrees that messages sent to a telephone number or short code that we have modified, including STOP or HELP requests, may not be received. We shall not be responsible for complying with requests made through such messages.

To the extent permitted by applicable law, the User agrees that we shall not be responsible for the failed, delayed or incorrect delivery of information sent through the Service, for errors contained therein, or for actions taken or not taken based on such information or the Service.

Your right to privacy is important to us. You may review our Privacy Policy to learn how we collect and use your personal information.