The Small Print

TERMS AND CONDITIONS

By placing an order through the ‘Lillie Rose’ website you agree to the following terms and conditions of trade:

  • These terms constitute a legal document (“The Agreement”) which sets out the rights and obligations of you as a ‘Purchaser’ (“You”) , and those of ‘Lillie Rose’ (“we” or “us”), in relation to the services and products offered by us through this site. By registering for ‘Lillie Rose’ services, you agree to the terms of this Agreement and you re-affirm that agreement every time you use any of our services or purchase one of our products.

  • To provide true, accurate, current and complete information about yourself as prompted by our order form (such information being the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or, ‘Lillie Rose’ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ‘Lillie Rose’ has the right to suspend or terminate your account, cease to supply and refuse you any and all current and future use of the ‘Lillie Rose’ site (or any portion of it).

  • Place of performance and applicable law ‘Lillie Rose’ is a company based in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland, ‘Lillie Rose’ makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.

    You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  • Placing an order A copy of your order will be displayed on your web browser before you submit it to the ‘Lillie Rose’ website (“the Pre-contract notice”). The Pre-contract Notice contains important information such as a description, price and delivery charges of the goods or services ordered. We recommend that you print off a hard copy of the notice or save a copy to your hard drive for your own records.

  • ‘Lillie Rose’ will not be obliged to supply the goods or services submitted in your order until you have received an e-mail confirmation from ‘Lillie Rose’ accepting your order (“Order Confirmation”) and until we have received cleared funds from you for that purchase. In the event the goods or services are listed on ‘Lillie Rose’ site at an incorrect price due to typographical error or error in pricing information received from its suppliers but ‘Lillie Rose’ have accepted your order before the discrepancy is noticed, ‘Lillie Rose’ shall e-mail you to ask whether you are willing to pay the correct price for the goods or services ordered. If you are unwilling to pay the correct price ‘Lillie Rose’ reserves the right to cancel the contract immediately without any liability to you.

  • If ‘Lillie Rose’ exercises its right under the above clause to cancel a contract it will immediately issue a credit to your debit or credit card account if it has already made a charge to your card before cancelling your order.

OR

  • ‘Lillie Rose’ will not charge your debit or credit card until the goods are dispatched to you or it has commenced performance of the services sold to you. In the event that the goods ordered by you are not available ‘Lillie Rose’ reserves the right to provide you with goods of a similar quality and specification and will inform you of such in the Order Confirmation.

Right to cancel You have the right to cancel any contract under either of the following conditions:

  • Within seven days from the date of delivery ‘Lillie Rose’ if has supplied goods to you (excluding all material by metre purchases).

  • The cancellation request should be sent by e-mail to sales@lillirose.co.uk and must state your name, a description of the goods or services concerned and the order number of the cancelled contract. Attaching the Order Confirmation ‘Lillie Rose’ originally sent you would also assist us in processing your cancellation as quickly as possible.

  • Where ‘Lillie Rose’ have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to ‘Lillie Rose’.

  • ‘Lillie Rose’ will only accept the returned goods in their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.

  • You must return the goods to ‘Lillie Rose’ by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of the Cancellation Notice.

  • You are responsible for the cost of returning the goods to ‘Lillie Rose’ and the risk of damage to the goods in transit. If the goods are damaged in transit ‘Lillie Rose’ reserves the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.

  • Once ‘Lillie Rose’ has received the returned goods and satisfied itself that you have complied with the above conditions it will send you confirmation by email that the return of the goods has been accepted by ‘Lillie Rose’ and will immediately make a refund of the contract price of the item (excluding any delivery costs) to your debit or credit card used to purchase the goods.

Terms and conditions specific to the purchase of material by the metre.

  • With regards to all purchases of material by the metre, ‘Lillie Rose’ do not hold stocks of material, therefore your order will be ordered by ‘Lillie Rose’ with the manufacturer to your specific requirements. Once an order has been placed, by us, with our manufacturer they will not accept cancellation, adjustment or return of this item; therefore, neither can ‘Lillie Rose’.

  • Delivery of material will always be via courier and delivery will be determined on how quickly the purchasers’ specific order can be obtained from the manufacturer. Once an order has been placed and cleared payment received, a member of the ‘Lillie Rose’ team will contact the purchaser to confirm the order details and advise on delivery.

  • All material will be checked at source and rechecked by a member of the ‘Lillie Rose’ team before being dispatched to ensure that any potential discrepancies with the material is identified before being dispatched to the purchaser. If a discrepancy should be identified, the purchaser will be notified and an alternative delivery date will be arranged when the satisfactory replacement has been obtained by ‘Lillie Rose’.

  • ‘Lillie Rose’ would like to draw your attention to the variation in pattern repeats and widths of hand made fabrics. This is caused by the washing of all goods, at source prior to shipment. Fabrics will shrink at different rates, and therefore sizes listed are only approximations. In the case of jacquards, there can also be variations between batches.

  • In all events the limit of liability for any fault or defect in the product shall be to a sum not exceeding the purchase price of all the particular goods, and ‘Lillie Rose’ shall not be held liable for any incidental or consequential loss howsoever arising.

  • Whilst every effort is made to obtain an exact match to the samples displayed on our site and in our swatch books, ‘Lillie Rose’ can not guarantee an exact match. Please not the pattern repeats are also an approximation, and they can vary from roll to roll. This must be taken in to consideration by the ‘Purchaser’ when ordering fabric quantity. In the case of repeat orders, the ‘Purchaser’ must provide a cutting of the fabric to be matched, and ‘Lillie Rose’ original invoice number. Pattern repeats can vary on jacquards from batch to batch, and is caused by loom tension. ‘Lillie Rose’ cannot guarantee consistency. In the case of handmade fabrics, pattern repeats can vary from roll to roll, as all fabric is washed at source prior to delivery, and shrinkage is not consistent. Fabric width will generally be the same for all jacquard fabrics, however the width of handmade fabric will vary from the washing process. The widths stated are an approximation, and can vary by as much as 10% on the hand made products.

  • Although ‘Lillie Rose’ may make recommendations on usage, it is the responsibility of the ‘Purchaser’ to ascertain suitability of the goods for any particular purpose. The ‘Purchaser’ must not rely on ‘Lillie Rose’ skill or judgment. ‘Lillie Rose’ will not, in addition, accept any liability arising in respect of any loss or damage or deterioration in condition to any goods sold caused by usage, shrinkage, cleaning processes, atmospheric conditions or assembly, make-up and installation or general application. ‘Lillie Rose’ liabilities shall not exceed the value of the goods sold.

  • The ‘Purchaser’ is warned that after treatments may alter the fabrics in respect of resistance to; tear strength; breaking strength; seam slippage; colour; light fastness and resistance to rubbing.

  • ‘Lillie Rose’ cannot accept responsibility for the performance, durability or finish of fabrics, which are given any sort of treatment subsequent to purchase from ‘Lillie Rose’.

  • The entire responsibility is that of the ‘Purchaser’ for ensuring that after such processing the fabric remains in a satisfactory quality for its intended purpose.

WEBSITE CONTENT

  • ‘Lillie Rose’ has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, ‘Lillie Rose’ disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.

  • ‘Lillie Rose’ shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.

  • Certain links in this site (typically a banner advert or icon) will lead to other sites, which are not under the control of ‘Lillie Rose’. When you activate any of these you will leave the ‘Lillie Rose’ site and we have no control over and will accept no responsibility or liability for the material on any site, which is not under our control.

LIMITATION OF LIABILITY

  • Nothing in this Agreement shall affect the statutory rights of any consumer.

SUBJECT TO THE ABOVE YOU AGREE THAT ‘LILLIE ROSE’ SHALL NOT BE LIABLE EITHER IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY OF THE FOLLOWING:

  • Loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement.

  • Direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under ‘Lillie Rose’ direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where ‘Lillie Rose’ has been advised of the possibility of such loss or damage).

  • You also agree that (except in relation to such liability as has been expressly excluded in the above clauses) the maximum aggregate of liability of ‘Lillie Rose’ in contract, tort, negligence, statutory duty or otherwise (even where ‘Lillie Rose’ has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:

    • Any defect in a product;
    • Any failure by ‘Lillie Rose’ to process signals, data, information, orders or messages correctly or in a timely manner;
    • Any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them;
  • Any liability not excluded by this Agreement shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within the above clause to three times the price of the relevant goods/services.
  • This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and ‘Lillie Rose’ becomes liable for loss or damage that could otherwise have been limited.
  • You agree and acknowledge that you are in a better position than ‘Lillie Rose’ to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by ‘Lillie Rose’, and therefore ‘Lillie Rose’ cannot adequately insure in respect of such liability. You warrant to ‘Lillie Rose’ that you will insure against, or bear yourself, any loss for which ‘Lillie Rose’ has excluded liability.
    • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability set out in this clause may not apply to you.

INDEMNITY - Save to the extent that it falls within the provisions of the above clause, you shall indemnify ‘Lillie Rose’ and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal fees, arising from your use of the ‘Lillie Rose’ site or purchase of goods and/or services from that site which are brought or threatened against ‘Lillie Rose’ or suffered or incurred by ‘Lillie Rose’ by another person or entity.

DELIVERY - Delivery times quoted are estimates only, and ‘Lillie Rose’ shall not be liable for any delays caused except to the extent caused wilfully or negligently by ‘Lillie Rose’. However, unless we have agreed a longer period for delivery with you, we will either deliver goods and / or services within thirty days of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. - If we do let you know then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods/services. - You are liable for any re-delivery costs involved when you have not been available to receive delivery or have not collected or arranged re-delivery of an item from your local delivery depot.

MATTERS BEYOND OUR REASONBLE CONTROL - ‘Lillie Rose’ shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, industrial disputes (whether or not involving our employees), acts or omissions of Internet Service Providers or acts of local or central Government or other competent authorities.

LANGUAGE - In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version of this Agreement shall prevail.

SEVERABILITY - In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

By placing an order on ‘Lillie Rose’ it has been assumed that these terms and conditions have been read and accepted.