LileyandLuca Term of Use
2. Important Notice
- 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”).
- The Website enables you to shop online for our carefully considered range of products for babies and toddlers (“Products”).
3. Returns, Refunds and Exchanges
- 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.
- 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.
- 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 firstname.lastname@example.org 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.
- 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.
- 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:
- 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.
- 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.
11. Electronic communications
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.
- 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.
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 email@example.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.
- 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.