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Terms & Conditions

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.lilyskitchen.co.uk / www.lilyskitchen.com (together “our site”). Use of our site includes accessing, browsing, or registering to use our site. Please read these terms of use carefully before you start to use our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. We recommend that you print a copy of these terms for future reference.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms of Supply will apply to the sale of such goods.

INFORMATION ABOUT US

www.lilyskitchen.co.uk / www.lilyskitchen.com is a site operated by Lily’s Kitchen Limited, a limited company registered in England and Wales with company number 06409873 and with its registered office at PO BOX 59287, London, NW3 9JR. Our VAT number is 935 500 144.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

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. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose a user name or password or similar as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us using the contact details set out below.

We have the right to disable any user name or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business losses.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you, which are set out in our Terms of Supply.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly 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. We will report any breach of this provision 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.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our site in any website that is not owned by you and our site must not be framed on any other site, 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 without notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

CONTACT US

To contact us, please write to us at Lily’s Kitchen, PO Box 59287, London, NW3 9JR or by email to bark@lilyskitchen.co.uk

Thank you for visiting our site.

February 2015

Lily’s Kitchen Limited – Terms of Supply

This page (together with our Privacy Policy and Terms of Use) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the goods (“Goods”) listed on our website (“our site”) to you.

These Terms will apply to any contract between us for the sale of Goods to you (“Contract”), whether you submit an order via our site or by telephone. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site or by telephone. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods, whether from our site or by telephone. You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 4. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US AND CONTACTING US

1.1. We operate the website www.lilyskitchen.co.uk. We are Lily’s Kitchen Limited, a limited company registered in England and Wales with company number 06409873 and with its registered office at PO BOX 59287, London, NW3 9JR. Our VAT number is 935 500 144.

1.2. Contacting us: to cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form [LINK] on our site. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at bark@lilyskitchen.co.uk or contact our Customer Services team by telephone on 0207 433 1863 or by post to PO BOX 59287, London, NW3 9JR. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0207 433 1863 or by e-mailing us at bark@lilyskitchen.co.uk.

1.3. If we have to contact you: if we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

1.4. When we refer, in these Terms, to "in writing", this will include e-mail.

2. OUR SITE

2.1. Your use of our site is governed by our Terms of Use (above) and we only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

2.2. Our Goods are made available on our site for purchase by consumers only (a “consumer” being an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession). By submitting an order in accordance with these Terms you warrant and represent that you are a consumer and that you are at least 18 years old. If you are a business customer, please contact us on 0207 433 6979 and we will be happy to discuss your requirements with you.

2.3. The images of the Goods on our site are for illustrative purposes only. Your Goods and any packaging may vary from that shown in images on our site.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process. If you wish to submit an order by telephone, please speak to a member of our customer services team on 0207 433 1863, who will take your order and will confirm you are happy with it before your order is finalised.

3.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.

3.3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.

3.4. If we are unable to supply you with any Goods, for example because such Goods are not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4. OUR RIGHT TO VARY THESE TERMS

We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated. Every time you order Goods from us (whether on our site or by telephone), the Terms in force at the time of your order will apply to the Contract between you and us. Any amendments we make to these Terms will not affect any order you have already submitted unless we are required to revise these Terms to reflect any changes in relevant laws and regulatory requirements. If we do have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

5. YOUR RIGHT TO CANCEL THE CONTRACT

5.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

5.2. However, this cancellation right does not apply in the case of Goods that are liable to deteriorate or expire rapidly or any Goods which become mixed inseparably with other items after their delivery.

5.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

(a) If your Contract is for a single item (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you receive the Goods.

(b) If your Contract is for either one item (which is delivered in instalments on separate days) or multiple items (which are delivered on separate days), the end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.

5.4. To cancel a Contract, you just need to let us know that you have decided to cancel, as set out in clause 1.2 above.

5.5. If you cancel your Contract we will:

(a) refund the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop (such as by opening any sealed food containers). If we refund the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) refund any delivery costs you have paid.

(c) make any refunds due to you as soon as possible and in any event within the following deadlines:

(i) if you have received the Goods: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us; or

(ii) if you have not received the Goods: 14 days after you inform us of your decision to cancel the Contract.

5.6. If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

5.7. We will make any refund to the credit card or debit card or PayPal account used by you to pay.

5.8. If Goods have been delivered to you before you decide to cancel your Contract:

(a) Then, unless we otherwise notify you, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You should send it back to us at Lily's Kitchen, c/o Richard Johnston Ltd, Harling Road, Snetterton, Norwich, NR16 2JU;

(b) unless the Goods are faulty or not as described (in this case, see clause 5.6), you will be responsible for the cost of returning the Goods to us.

5.9. Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6. DELIVERY

6.1. Our Dispatch Confirmation will include an estimated timescale for delivery. After we have issued a Dispatch Confirmation our third party carrier will contact you with an estimate delivery date, which will be within 15 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 9 for our responsibilities when this happens.

6.2. If no one is available at your address to take delivery, we (or our carrier) will leave you a note that we (or our carrier) has attempted to make delivery of the Goods. You should follow the instructions of the note to re-arrange delivery.

6.3. Delivery of an Order shall be completed when we (or our carrier) deliver the Goods to the address you gave us and the Goods will be your responsibility from that time. You own the Goods once delivery has been completed or (if later) once we have received payment in full, including all applicable delivery charges.

6.4. If we miss the 15 day delivery deadline for any Goods then you may cancel your Order straight away if we have refused to deliver the Goods; or if delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or if you told us before we accepted your order that delivery within the delivery deadline was essential.

6.5. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 6.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

6.6. If you do choose to cancel your Order for late delivery under clause 6.4 or 6.5, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.

7. PRICE OF GOODS, DELIVERY CHARGES AND PAYMENT

7.1. The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.

7.2. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

7.3. The price of the Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

7.4. The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the online check-out process or by our customer service team if you submit an order by telephone, before you confirm your order.

7.5. You can only pay for Goods using a debit card or credit card (we accept the following cards: Visa, Mastercard) or by PayPal. Payment for the Goods and all applicable delivery charges is to be made in advance and we will charge your debit card, credit card or PayPal account at the time you submit your order. In the event that we are unable to process or accept your order we will refund any amounts you have paid in advance in full.

8. OUR LIABILITY TO YOU

8.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

8.2. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business losses.

8.3. We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 to 15 of the Sale of Goods Act 1979 (title and quiet possession, description, satisfactory quality, fitness for purpose and samples); and

(d) defective Goods under the Consumer Protection Act 1987.

9. EVENTS OUTSIDE OUR CONTROL

9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or transport networks.

9.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

9.3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

10. OTHER IMPORTANT TERMS

10.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

10.2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

10.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.5. These Terms, any Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


February 2015