Terms of Use

LileyandLuca Term of Use

1. Introduction

  •  This website, related mobi-sites and software applications (“Our Website”) is owned and operated by Liley and Luca (Pty) Ltd ( and includes all references to “LileyandLuca”, “we”, “us” and “our”).
  • These Website Terms of Use govern the use of our Website, any ordering, sale and delivery of any of our products.
  • By accessing our Website and placing any orders, you (“the customer”, “you”, “your”) are agreeing to be bound by these Terms of Use. If you do not understand these Terms of Use or do not accept these Terms of Use or any provision thereof please do not proceed and do not purchase any item on the Website. By placing an order on our website you agree to the terms set out herein.
  • The Website enables you to shop online for our carefully considered range of products for babies and toddlers (“Products”).
  • LileyandLuca has customised items made specifically for you, per your request and order. Please carefully consider your custom order. LileyandLuca also provides third party products on our Website and which can be purchased. LileyandLuca will indicate this on relevant product pages and checkout pages. Certain terms in these Terms of Use will apply to customised products and third party products respectively.
2. Important Notice
  • These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  • These Terms of Use may:
  • limit the risk or liability of LileyandLuca or a third party and supplier; and/or
  • create risk or liability for the user; and/or
  • compel the user to indemnify LileyandLuca or a third party; and/or
  • serve as an acknowledgement, by the user, of the terms contained herein.
  • Your attention is drawn to these Terms of Use in bold because they are important and should be carefully noted.
  • Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or LileyandLuca in terms of the CPA.
3. Returns, Refunds and Exchanges
  • Please refer to our Returns, Refunds and Exchanges Policy for more information about your options if you are not 100% satisfied with the Products and wish to return, refund or exchange any Products.

 4. Purchasing of our Products

  • You may place orders for Products, which LileyandLuca may accept or reject. Whether or not LileyandLuca accepts an order will depend on availability of the Products or materials thereof, correctness of the information relating to the Products (including without limitation the price) and receipt of payment by LileyandLuca for the Products.
  • Prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns, Refunds and Exchanges Policy. This clause does not apply to any customised or personalised orders as these are made specifically for you and cannot be sold to anyone else.
  • You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the event of a sale, we will take all reasonable efforts to alert you to the limited stock items and once completely sold, reflect a notice on the item “sold out” or remove the item from the sale. Due to the nature of an online store, we are not able to guarantee stock.

5. Payment

  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  • Payments can be made on the Website in the “check out” or if your order was placed by email, payment can be made by electronic transfer. Once payment reflects will your order be despatched for delivery.
  • You may look under your Customer profile or contact us via email at info@lileyandluca.com to obtain a full record of your payment. We will also send you email communications about your order and payment. Payments and previous order details are also on your account on our Website.
  • In the event of selecting “check out” and the payment option provided on our Website, you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.

 6. Delivery of Products

  • LileyandLuca only offers one method of delivery to you, by courier. Please visit our FAQs for more information on this.
  • Our obligation to deliver a Product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a Product, after we have delivered the Product to the physical address nominated by you.

 7. Errors

  • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website or custom orders made if the error is due to your instructions (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an incorrect instruction or transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns, Refunds and Exchanges Policy. 
  • LileyandLuca shall not be bound by any incorrect information regarding our Products displayed that has been provided by a third party supplier.

 8. Sales and other discounted Products

  • Sales are limited by the stock available to LileyandLuca. Once the sale items are sold out, the items may be available on the Website at the normal price.
  • Sale items are sold “as is” and are not refundable.

 9. Privacy policy

  • We respect your privacy and will take reasonable measures to protect it.
  • You may choose to provide personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  • Subject to what is stated below we will not use your Personal Information in any manner not permitted by you, without your express consent.
  • By proceeding to place an order on our Website or via email you have consented to us using and processing your Personal Information and to provide you with the services as follows:
      • in relation to the ordering, sale and delivery of Products;
      • to contact you regarding current or new Products or services or any other Products offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
      • to provide our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently; and
      • our third party suppliers should any use of the Products or request for Returns, Refund or Exchanges require their intervention.
  • We are entitled to provide your Personal Information, without your consent, as follows:
      • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms of Use.
  • if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, LileyandLuca is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  • We will ensure that all of our employees, third party suppliers or service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
  • We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  • LileyandLuca undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms of Use.
  • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  • This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

 10. Changes to these Terms of Use

  • LileyandLuca may, in its sole discretion, change any of these Terms of Use at any time. It is your responsibility to regularly check these Terms of Use and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms of Use have been displayed on the Website, you will be deemed to have accepted such changes.

11. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy above.

12. Ownership and copyright

    • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of LileyandLuca, its advertisers and/or suppliers and/or is licensed to LileyandLuca.
    • You will not acquire any right, title or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms of Use or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at info@lileyandluca.com.
    • Where any of the Website Content has been licensed to LileyandLuca or belongs to any third party, your rights of use will also be subject to any Terms of Use which that licensor or third party imposes from time to time and you agree to comply with such third party Terms of Use.
    13. Disclaimer
      • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
      • Whilst LileyandLuca takes reasonable measures to ensure that the content of the Website is accurate and complete, LileyandLuca makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by LileyandLuca representatives, LileyandLuca shall not be bound thereby.
      • LileyandLuca disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
      • Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
      • Any views or statements made or expressed on the Website are not necessarily the views of LileyandLuca, its directors, employees and/or agents.
      • In addition to the disclaimers contained elsewhere in these Terms of Use, LileyandLuca also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of LileyandLuca, its employees, agents or authorised representatives. LileyandLuca thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

                   

                     14. Limitation of liability

                      • LileyandLuca cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of LileyandLuca, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@lileyandluca.com.
                      • LILEYANDLUCA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
                      • YOU HEREBY INDEMNIFY LILEYANDLUCA AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

                             

                               15. Other

                                • These Terms of Use and our relationship and/or any dispute arising from or in connection with these Terms of Use shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms of Use.
                                • In the event of any dispute arising between you and LileyandLuca, you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg. Nothing in this clause limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
                                • The whole agreement between you and LileyandLuca and no other warranty or undertaking is valid, unless contained in this document between the parties.