Terms and Conditions
TERMS AND CONDITIONS
IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual seller on their lillyandmain.com home or product pages before making any order.
Lilly & Main (LILLYANDMAIN LTD) is an online marketplace for sustainable fashion and accessories.
By using our website or placing an order you agree to be bound by the terms and conditions set out below. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
1. Background to these Terms And Conditions:
(a) in the context of your use of this Website, you and Lilly & Main; and
(b) in the context of the contract for your purchase of products, you and the relevant seller who is the seller of those products. As described more fully below (see section “How does Lilly & Main work?”) we conclude this contract on the relevant seller’s behalf acting as their agent.
By using the Site you agree to be bound by these Terms. If you do not agree to these Terms then please do not use the Services or any part of them.
The products and other services offered via this website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms and Conditions you promise to us that you are a consumer and not acting in the course of a business.
3. Accessing our Website
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may change or discontinue the availability of the website and at any time without prior notice. We will not be liable if for any reason any of the services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to our website, is correct and accurate. Ensure that you check all information before making a purchase.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
4. How does Lilly & Main work?
4.1 Ordering via the website. We operate the website as an electronic marketing platform, on which listings may be posted by our selected Sellers for their products. These products are made available by those Sellers to you, and Lilly & Main allows you to make orders to pay for products through the website and have the products delivered to the address you specify.
4.2 The Contract is between you and the relevant Seller, not Lilly & Main. Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall compromise of these Terms and Conditions, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions. We act as an agent for our Sellers whom we allow to list and sell their products on our site. We are not the seller of the retailer’s items. However, we are authorized to act as the agent of our Sellers (who act as principal) to conclude and enter into the contract with you.
4.3 Lilly & Main’s role. We are not a party to the Contract. We are simply the intermediary marketing and promotions platform which facilitates your making orders with the Sellers and your payment for that order. Accordingly, the contract formed at the completion of a sale for these Sellers’ is subject to the retailer’s terms available upon request by email to us at firstname.lastname@example.org. If for any reason there are no supplier terms, then our terms and conditions set out below will apply and form the basis of the contract between us. We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through our Website we may disclose your customer information related to that transaction to the relevant Seller.
4.4 We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
We are not responsible for any of the product or company information and description provided by the Seller, including and not limited to the materials, ways of production, sustainability, ethics; and cannot be held responsible if any of these information or descriptions are incorrect. Sellers provide their own product and company information and description, and even though we do our best to verify them we cannot guarantee their accuracy.
4.5 When is the Contract formed?
4.5.1 The Contract is formed when we send you an order confirmation email. We will send you that order confirmation email to the email address associated with your account or, if you check-out as a ‘guest’, to the email address you entered during the checkout process.
4.5.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.5.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.6 The images on our website are for illustrative purposes only, products may vary from their pictures. Lilly & Main aims to give you the information you need to know the essential characteristics of the products. Although we try to make sure they are as faithful as possible to the real thing, any images shown on our website are for illustrative purposes only – we cannot guarantee them. Given the digital method of presentation it is possible that your perception may not exactly match the relevant product itself.
4.7 Compliance with UK Laws. In our agreements with them, we require retailers to ensure the products they make available comply with applicable UK laws and regulations.
5. Prices and Payments
5.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
5.2.1 By submitting an order and providing us with your payment card details at checkout, you authorise us (acting by our payment processor) to charge the relevant account to take payment for your order on behalf of the relevant retailer. Neither us nor the relevant Seller will be responsible for any losses you may suffer if the payment method you use to pay for an order does not have sufficient funds to cover all costs of that order.
5.2.2 We accept payment with those payment methods set out on our site. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
5.2.3 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
6.1 The prices shown on listings for products do not include delivery charges. Your shopping basket on the Website displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller will be displayed to you during the checkout process, and varies according to the delivery methods they offer. Any delivery times quoted are in working days.
6.2 Delivery estimates are not binding – they do not represent a guarantee that the products will arrive by that delivery estimate.
6.3 If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please see our Returns Policy (set out on a different page) if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately some items are non-cancelable and non-refundable, please see our Returns Policy for more information.
8. Summary of Your key legal rights
8.1 As you are purchasing the products online you have a legal right to change your mind within fourteen (14) days from delivery of the products and receive a refund (including costs of delivery, but excluding the costs of return) – however, please note that these cancellation rights do not apply to:
8.1.1 any product that is sealed (this includes any items such as underwear, which come with a hygiene strip) and that is not suitable for return due to health protection or hygiene reasons.
8.1.2 any products that are sealed audio recordings, video recordings or computer software, which become unsealed after delivery;
8.1.3 any products have become inseparably mixed with other items after delivery.
8.2 Returning faulty products: You are entitled to the following:
8.2.1 Up to thirty days: if the products you received are faulty, you can get a full refund (this refund will include costs of delivery and return).
8.2.2 Up to six months: if the products you received can’t be repaired or replaced, you are entitled to a refund in most cases.
To exercise the rights described in this section, you should follow the procedures outlined in our Returns Policy.
9. Intellectual Property
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us at to report the concern.
10. Your conduct
10.1 Viruses, hacking and other offences: You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
10.2 No interference. You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
10.3 Uploading Material. Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
10.4 Other restrictions. You also agree not to:
10.4.1 attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
10.4.2 attempt to gain access to secured portions of the Website to which you
do not possess access rights;
10.4.3 impersonate any other person while using the Website;
10.4.4 conduct yourself in a vulgar, offensive, harassing or objectionable
manner while using the Website;
10.4.5 resell or export the software associated with the Website;
10.4.6 use the Website to generate unsolicited advertisements or spam; or
10.4.7 use any automatic or manual process to search or harvest information
from the Website, or to interfere in any way with the proper functioning of the
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
12. Disclaimer of Warranties and limitation of liability
12.1 To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
12.2 The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
12.3 Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
12.4 We are not liable for business losses. This Website and the products are only for domestic and private use. If you use the products for any commercial, business or re sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 We are not liable for events outside our control. Where we or a Seller are prevented from or delayed in carrying out obligations under these Terms and Conditions due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
12.6 We are not liable for product unavailability. In case of unavailability of products before or after an order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such product(s), to the fullest extent permitted by law.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
In providing you with access to the Website, publishing listings and permitting you to place orders, we reserve the following rights, and in accessing, browsing or otherwise using the Website and/or making any order via the Website you grant us and agree that we shall have the following rights:
14.1 the right to refuse or withdraw your access to the Website in accordance with applicable laws (with or without notice) if we judge that you have violated or breached any of these Terms and Conditions;
14.2 the right to remove or amend any listing without giving you notice or any reason;
14.3 the right to (acting on the relevant Seller’s behalf) cancel any order or amend in part any order without giving you notice or any reason, save that in such circumstances we shall refund such part of the order as has been cancelled by it;
14.4 the right to amend or update the Website, prices of any products, and available payment methods from time to time;
14.5 the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct (whether in using the Website, making an order for any products or otherwise) is or may be unlawful.
15.1 Severability: If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.2 Entire agreement: These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions and any documents expressly referred to in them.
15.3 Rights of Third Parties: No provision of these Terms and Conditions shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Lilly & Main or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Lilly & Main when acting as commercial agent of any Seller.
15.4 Law and jurisdiction: Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
15.5 Transferability: We may transfer our rights under these Terms and Conditions to someone else – for example, this could include another member of our group of companies or someone who buys our business. We will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms and Conditions.
16. Feedback and Complaints
General comments about the Site are welcome, please contact us at Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our the Site and with the Seller, the European 'Online Dispute Resolution Platform' can be accessed by following the link: http://ec.europa.eu/odr.
17. Other applicable terms and conditions
Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.
Promotional code terms and conditions
By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
lillyandmain.com promotional codes can only be used on lillyandmain.com and towards the purchase of items currently featured on our Site, excluding delivery charges.
Promotional codes are an arrangement between you and us, and not between you and the Seller. Promotional codes cannot be used on the individual websites of any Sellers on lillyandmain.com.
Promotional codes cannot be used in conjunction with any other offer on lillyandmain.com, including (but not limited to) any other lillyandmain.com promotional code, in the same transaction, or for the purchase of Gift Cards.
The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, eg, SUKVST1234567, and should be entered on the payment page during checkout for the discount to apply.
Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (eg, via an on-site banner).
lillyandmain.com reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so.
lillyandmain.com may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
New Seller Promotion terms and conditions
lillyandmain.com may from time to time introduce promotions relating to new Sellers, and/or the products of those new Sellers, on the Site
lillyandmain.com reserves the right to amend or suspend any new Seller promotion at any time, at its discretion.