Lilac Blue Terms and Conditions of Use of the Site and Provision of Services ("Terms and Conditions")

Introduction

This site is owned and operated by Lilac Blue London Ltd, (company number 4563798), ("Lilac Blue") whose registered office is located at

Terms and Conditions - Use of the Site

Copyright

All copyright, database right and other intellectual property rights in all the material on the site or contained in e-mails or other communication from Lilac Blue including but not limited to site design, structure, page layouts, graphical images and underlying software code (collectively the "Content") belongs to Lilac Blue or its licensors. All rights are reserved, except for the limited rights expressly granted below. You should note that some of the Content of the site may be subject to restrictions imposed by its owners who licence its use to Lilac Blue.

Trademark notice

The Lilac Blue logo, "LBL", "Lilac Blue London", "Lilac Blue London Ltd" and "Lilac Blue" are trademarks of Lilac Blue.

Limited right to use

Subject to other third party restrictions such as those described above, you may access, print and download the Content onto electronic, magnetic, optical or similar storage media provided that:

1. such activities are for private research, study or your own personal use only; and

2. none of the text or associated images or graphics are modified in any way; and

3. the text, images and graphics contained therein are not separated from each other in any way; and

4. no part of the Content is used for any commercial purpose other than for the personal use by you or some other legal entity not extending to any display to or use involving any (paying or prepaying) customers; and

5. all activities are conducted manually without the use of automatic software to perform multiple accesses or any other automated processing of the Content.

You may not otherwise copy, collect, distribute or transmit any of the Content and you may never sell or publish any of the Content, without prior written permission from Lilac Blue. Any request for such permission should be addressed to Lilac Blue at inquiries@lilacblue.com.

To the extent you are permitted to reproduce any Content, you must also include in such copies all copyright, trademark or other proprietary notices contained in the Content.

Limitation of Liability - Use of Site

You agree that any material or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from downloading or use of such material or data. Lilac Blue assumes no responsibility for the Content and disclaims all liability in respect of your use of it.

Users and Subscriber's Obligations

By using the site or becoming a subscriber you agree:

• to abide by all local laws applicable to you in the use of the site and Lilac Blue service;

• to be solely responsible for your actions and the content of your transmissions in any form through the site and the Lilac Blue service;

• not to attempt to breach any security or privacy mechanisms associated with the site or the Lilac Blue service or to attempt to collect information about any other persons through the service.

Terms of Use - Lilac Blue Service

Use of Service

1. Your Order

We must receive payment in full for your order before your order will be accepted by us. Once we have accepted your order and payment has been received we will confirm our acceptance of your order by sending you an email to the email address provided in your order form [or registered to your account with us]. Our acceptance of your order creates a legally binding contract between you and us. Only adults aged 18 and over are entitled to transact through this site. Anyone aged under 18 is prohibited from ordering goods using this website. By placing an order you certify that you are aged 18 or over.

2. Prices

2.1 The prices payable for goods that you order are as set out by Lilac Blue at the time of your order.

2.1.1 All of our prices are GB£ - any other currency displayed on the site is for comparison only. You will be billed in GB£. If you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed to your credit/debit card.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If we are unable to deliver to your location we will notify you of this by email and invite you to chose a different delivery location [or accept a full refund/cancel your order].

3. Returns and Cancellation

Return of Goods

You shall, within seven days after delivery, inspect the order delivered and notify Lilac Blue, in writing, of any defects found. If you are not satisfied with the goods for whatever reason, they can be returned within 30 days of receipt for replacement, refund or gift certificate, with the exception of any specially ordered handbags. Goods must be returned in the condition received. Damaged, faulty goods, or loss/shortage in transit must be notified to Lilac Blue within seven days of receipt or expected receipt of order, and if the fault was due to Lilac Blue or its suppliers, Lilac Blue will also reimburse you any reasonable costs in returning the goods. This does not affect your statutory rights.

Cancellation

You may cancel an order either by e-mail (inquiries@lilacblue.com) or by calling 0845 388 1038 (UK only) or +44 20 7292 5115. If the order has already been dispatched, then you will need to return the products to Lilac Blue within 30 days of receipt of goods in the condition received. You must follow the procedure detailed in the Return of Goods section above. Refund of the order will be made within 2 working days of receiving your cancellation, or within 2 working days of receipt of returned goods at Lilac Blue in cases where the order has already been dispatched. This does not affect your statutory rights.

4. Cancellation by us

4.1 We will not accept and reserve the right to cancel any order between you and us if:

4.1.1 we have insufficient stock to deliver the goods you have ordered;

4.1.2 we do not deliver to your area; or

4.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

4.2 If we do cancel your order we will notify you by email and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within 5 working days of your order. We will not offer any compensation for disappointment.

5. Delivery to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery when you make your order. It is your responsibility to ensure that the delivery address is correct and accurate and that there will be somebody to sign for and take delivery of the goods from the delivery service.

5.2 All UK deliveries will be made using either Royal Mail Special Delivery or other reputable courier company and charged at the rates laid out in the web site at time of purchase.

Non UK delivery options will be quoted by telephone at the time of order.

For any other queries please either email enquiries@lilacblue.com or call 0845 388 1038 (UK) or +44 20 7292 5115

5.3 If your order is returned to us because the courier or postal service could not complete delivery to you for whatever reason, you will be responsible for the additional delivery costs if the goods are re-delivered. We will contact you on the return of the goods to us by the courier or postal service and we can either arrange re-delivery of the goods or you will have the option of cancelling your order and we will reimburse your credit/debit card, less delivery fees.

General Use

Lilac Blue does not provide any equipment or software enabling you to connect to the Lilac Blue service; you need to provide all necessary equipment. Lilac Blue is not responsible for any costs that you may incur while using the service, such as telephone bills and you are accountable for all such expenses. You are aware that Lilac Blue provides no technical or customer support for any of your equipment/software or connection and we can only assist with any problems you may have relating to the service. Should you have any problems or complaints please call us on 0845 388 1038 (UK) or +44 20 7292 5115 or e-mail us at inquiries@lilacblue.com.

Lilac Blue reserves the right to modify or discontinue, temporarily or permanently, the Lilac Blue service for any reason without prior notification to you. You agree that if Lilac Blue exercises its rights to modify or discontinue the Lilac Blue service it will not be liable to you or to any third party for anything.

Data submitted to us

Lilac Blue assumes no responsibility for the deletion or failure to store any data or other information included by you when you register or otherwise use the Lilac Blue service. It is your responsibility to check that the information you have provided to Lilac Blue has been stored effectively.

Participation in promotions of advertisers

You agree that Lilac Blue may attach adverts where applicable to any e-mails sent to you. You also agree that any response to such adverts are at your own risk, any terms and conditions attached to third party advertisers are entered into at your own risk.

Use of personal information when you place an order

Each time you place an order we collect your credit/debit card details so that we can charge for our service. In order to process the transaction we pass your details onto Barclays Merchant Services. We do not permit the bank to pass your details onto any other third party. By submitting your credit/debit card details you authorise us to charge the cost of the service or products ordered to your card and to pass your details to Barclays Merchant Acquirer Services.

VAT

VAT is included in the prices reflected on the Lilac Blue site or in any correspondence from Lilac Blue unless otherwise specified, and is charged at the rate then applicable, which is currently 15% in the UK.

Sale of alcohol

If you purchase goods containing alcohol, you must be over 18 years of age when you place your order. During the order process, you must enter a tick into the box provided, confirming that you and the receiver of goods containing alcohol are both over 18 years of age. Failure to do this will result in your order being deemed incomplete.

Provision of information

You will promptly provide Lilac Blue (free of charge) with all information and co-operation that Lilac Blue may reasonably require from time to time to enable Lilac Blue to proceed uninterrupted with the performance of its obligations under any agreement with you and to fulfil any orders made by you.

Prohibitions

You agree to use this service to send gifts only to people who you, in good faith, believe would like to receive them. You also agree that you will not use the Lilac Blue service to:

• send or transmit anything that is defamatory, indecent, abusive, threatening, harmful, vulgar, obscene, hateful, or unlawful of any kind or nature;

• send or transmit anything in any form that encourages conduct that could constitute a criminal offence or give rise to any liability;

• infringe copyright or other intellectual property rights;

• abuse the legal rights of third parties including any rights of privacy or confidentiality;

• violate any applicable laws, codes or regulations;

• stalk, threaten, abuse or harass anyone who you are reasonably aware would not wish to receive gifts from you; or

• create a false identity with the intention of misleading others.

Lilac Blue is under no obligation to send or monitor the contents of correspondence sent using its service and is not liable in any way for the content of correspondence sent using this service. Lilac Blue, however, reserves the right to refuse to deliver any correspondence that in its reasonable opinion is in breach of these Terms and Conditions. Lilac Blue may disclose any information that it deems necessary to satisfy any applicable law, regulation, code, legal process or government request.

Assignment/subcontracting

You shall not assign or delegate all or any of your rights or obligations under any agreement with Lilac Blue without Lilac Blue's prior written consent, such consent not to be unreasonably withheld.

Lilac Blue shall have the right to assign, subcontract or transfer all or any of its rights and obligations under any agreement with you to any person save that where that person is not an associated company Lilac Blue shall notify you prior to exercising this right.

Limitation of Liability - Provision of Services

Lilac Blue shall not be liable for any loss or damage sustained or incurred by you or any third party unless it is caused by the negligence or wilful misconduct of Lilac Blue or its employees and then only to the extent not excluded by these Terms and Conditions and/or any applicable other agreement with you. Lilac Blue shall indemnify you and keep you fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of Lilac Blue, its employees, or by any breach of its contractual obligations. Except in respect of injury to or death of any person, for which no limit applies, the respective liability of Lilac Blue in respect of each event or series of connected events shall not exceed £250,000 or the Price of the particular order from which such liability arose, whichever is the greater. This does not affect your statutory rights.

Other terms and conditions applicable to your Use of the Site and of the Lilac Blue service

Payment

Payment for goods and Lilac Blue services is required at point of sale. Goods will not be dispatched and services will not be supplied until payment is received and/or unless either a credit/debit card has been verified, a cheque received and cleared or a bank transfer.

Indemnity

You agree to indemnify and hold Lilac Blue, its partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site or the Lilac Blue service, the violation of these Terms and Conditions by you, or the infringement by you, or others using your subscriber's account, of any intellectual property or other right of any person or entity.

Warranty Disclaimer

Lilac Blue uses reasonable efforts to obtain data from reliable sources and to keep the Content reasonably accurate and up to date. Lilac Blue does not endorse or represent the accuracy, truthfulness or reliability of any information provided on or by means of the site or in any other communication with you. The Content is intended for your general information and use. You should not rely on the Content in making any specific decisions especially important personal, financial or business decisions. You agree to consult professional organisations for important advice that is specifically tailored to your particular circumstances. Lilac Blue shall not be liable for any typographical or other errors or omissions in the Content.

Lilac Blue hereby excludes to the extent permitted by law any and all warranties, representations, conditions and other terms whether express or implied statutory or otherwise concerning your use of this site including but not limited to implied terms as to quality, fitness for a particular purpose, title and non-infringement of third party intellectual property rights. In particular, Lilac Blue makes no warranty that your use of the site and/or the Lilac Blue services will be uninterrupted, timely, secure or error free.

Links

All links that connect this site with other sites or contained in correspondence from Lilac Blue are provided solely for your convenience and information and Lilac Blue does not endorse or recommend any such sites.

Breach of any of these Terms and Conditions

In the event of you being in breach of any of these conditions, Lilac Blue shall be entitled to refuse to supply you or your list with any further goods, or suspend delivery until all breaches have been remedied.

Termination

You agree that Lilac Blue may, at its sole discretion, terminate your use of the Lilac Blue site and/or service at any time and for any reason.

Notices

All notices to Lilac Blue shall be in writing and shall be made either via e-mail or post to the addresses in Contact Us. Lilac Blue may broadcast notices or messages through the website and these shall constitute notice users and subscribers.

Statutory Rights

These Terms and Conditions do not affect your statutory rights, and if any term or condition is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provisions in question shall not be affected.

Force majeure

Neither party shall be liable to the other under these Terms and Conditions or any other agreement between the parties, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrations or other competent authority, war, military operations, acts of terrorism or riot.

Applicable laws