LILY & GRACE SYDNEY

TERMS & CONDITIONS

GENERAL INFORMATION

This website is operated by Lily & Grace Sydney. Throughout the site, the terms "we", "us" and "our" refer to Lily & Grace Sydney. Lily & Grace Sydney offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms & Conditions", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools added to the current store shall also be subject to these Terms & Conditions. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - ONLINE STORE TERMS

By using this site, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of these Terms may result in immediate termination of your access to the Services.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

You understand that your content, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer 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 will not limit or otherwise affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk, subject to applicable consumer protection laws.

This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update information on our site except where required by law. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service, except where liability cannot be excluded under applicable law.

ARTICLE 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange in accordance with our Return & Refund Policy and applicable consumer laws.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, where legally permitted. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Nothing in this clause excludes your rights under applicable consumer protection laws.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, subject to applicable law. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.

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

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

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

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return & Refund Policy.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools, except where liability cannot be excluded under applicable law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms & Conditions.

ARTICLE 8 - THIRD-PARTY LINKS

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

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant or accept liability for third-party materials, websites, products or services, except as required by applicable law.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites, except where liability cannot legally be excluded.

Please review the third party's policies and practices carefully 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 relevant third party.

ARTICLE 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, such as competition entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments, except where required by applicable law.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms & Conditions.

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

You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party, except where required by law.

ARTICLE 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

To review our Privacy Policy, please visit our website at lilyandgracesydney.com.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice, including after you have submitted your order, subject to applicable law.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms & Conditions, you are prohibited from using the site or its content:

1. For any unlawful purpose.
2. To solicit others to perform or participate in any unlawful acts.
3. To violate any international, federal, state, territorial or local regulations, rules, laws or ordinances.
4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.
6. To submit false or misleading information.
7. To upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites or the Internet.
8. To collect or track the personal information of others.
9. To spam, phish, pharm, pretext, spider, crawl or scrape.
10. For any obscene or immoral purpose.
11. To interfere with or circumvent the security features of the Service, any related website, other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your own risk, subject to your rights under applicable law.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us or required by law, provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non-infringement, to the extent permitted by law.

In no case shall Lily & Grace Sydney, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products purchased using the Service, to the maximum extent permitted by applicable law.

This limitation also applies to claims relating to errors or omissions in content, or any loss or damage incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available through the Service, even if advised of the possibility of such damages, to the extent permitted by law.

Where certain jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lily & Grace Sydney and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party, to the extent permitted by applicable law.

ARTICLE 15 - SEVERABILITY

In the event that any provision of these Terms & Conditions 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 to be severed from these Terms & Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us.

You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we may terminate this agreement at any time without notice, subject to applicable law.

You will remain liable for all amounts due up to and including the date of termination, and we may 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 & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms & Conditions.

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

ARTICLE 18 - GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable law.

ARTICLE 19 - CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes, subject to applicable law.

ARTICLE 20 - CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to:

Lily & Grace Sydney

Email: info@lilyandgracesydney.com

Website: lilyandgracesydney.com

ARTICLE 21 - SMS MARKETING AND NOTIFICATIONS

By opting in to SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications relating to your order, including abandoned checkout reminders, promotional text messages and transactional text messages, including review requests from us.

Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text notifications and marketing messages, reply STOP to any mobile message we send you or use the unsubscribe link provided in any of our messages.

You understand and agree that alternative methods of opting out, such as using different words or requests, may not be recognised automatically. You may also contact us by email to request that marketing messages stop.

We do not charge for the SMS service, but you are responsible for any fees and charges associated with text messages imposed by your wireless service provider. Message and data rates may apply.

If you have questions, reply HELP to the number from which you received the messages. You may also contact us at info@lilyandgracesydney.com for more information.

We reserve the right to change any telephone number or short code we use to operate the SMS service at any time. You will be notified of such changes where appropriate.

You acknowledge that messages sent to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received. You can always contact us at info@lilyandgracesydney.com to make an unsubscribe request.

To the extent permitted by applicable law, we shall not be liable for failed, delayed or misdirected delivery of information sent through the SMS service, errors in such information or actions taken or not taken in reliance on that information.

All SMS marketing activities are subject to applicable privacy, telecommunications and anti-spam laws, including any consent and unsubscribe requirements.

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Lily & Grace Sydney — Timeless elegance, designed for you.

Website: lilyandgracesydney.com

Contact: info@lilyandgracesydney.com