Terms of Service
Welcome to Lilypajamas.com.
These terms and conditions ( “Agreement” or “Terms” ) govern your use of the Lilypajamas.com website (the “Site” ), any other written, electronic, and oral communications with Lilypajamas, or any websites, pages, features, or content owned and operated by us (collectively, the “Services” ). You must be age 16 or older to use the Services.
Please read these terms and conditions carefully, as by visiting this website, you agree to abide by and be bound by these terms and conditions. If you do not agree to these terms, you should not access or use this website.
1. GENERALLY
We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. When changes are made, we will update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Services (or certain functionality thereof) is permitted. By continuing to use or access any of the Services or otherwise engaging with Lilypajamas after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.
2. USE OF OUR SERVICES
2.1 License. Subject to the terms of this Agreement, Lilypajamas grants you a limited, non-transferable, non-exclusive license to access and make personal use of the shopping services and features available on the Site. This license does not include any resale or commercial use of website functionality or content.
2.2 Certain restrictions. The rights granted to you in this Agreement are subject to the following limitations: (a) You may not license, copy, sell, rent, lease, assign, assign, distribute, host or otherwise commercially exploit the Site or otherwise exploit the Site without the express writing of Lilypajamas (b) you may not modify, create derivative works from, disassemble, or reverse engineer any part of the website; (c) you may not access the website to build similar or competing services, or for other merchants Download, copy, or collect content or account information for the benefit of the or by any means; (e) you may not frame or use framing techniques to accompany any trademark, logo or other proprietary information or content (including images and textual descriptions) of the Site without the express written consent of Lilypajamas. Any future versions, updates or other functional additions to this website are subject to the terms of this agreement.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a Lilypajamas user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
2.4 Interactions with other users. When interacting with others via the services, including third-party sellers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. You are solely responsible for your interactions with any other parties with whom you interact; provided, however, that Lilypajamas reserves the right, but has no obligation, to provide support in the event of disputes between you and any third-party sellers or other users of the services. You agree that neither Lilypajamas nor its licensors is responsible for the conduct, whether online or offline, of any third-party seller or other user of the services, and that Lilypajamas makes no representations with respect to your interactions with them. Lilypajamas and its licensors will not be liable for any claim, injury or damage arising in connection with your interactions with third-party sellers or other users of the services, or your use of or inability to use any items purchased from a third-party seller through the services.
2.5 Accurate Information; Customs. You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, Lilypajamas will not be responsible or be obligated to offer any compensation to you whatsoever. You hereby authorize Lilypajamas to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account.
3. PURCHASES
3.1 Prices and Orders. All product prices listed on the site are exclusive of shipping charges and taxes or fees. Taxes, if applicable, will be billed to you separately at the applicable rate for each order. Tax is charged by Customs offices in destination country based on their rules and policies. Customer is responsible to find out the situation in their area.
3.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
3.3 Shipping. Your order will be shipped from outside the US (our warehouse location is in China). Please be aware of this before purchasing. Likewise, if you need to return or exchange an item, you need to return the item to our warehouse address in China.
3.4 Return of product. We support returns and exchanges within 30 days of receipt. But please know that we do not provide shipping labels. Return shipping costs are paid by the buyer. The specific cost is based on the standard of the local courier company. The return address is at our warehouse in China. If you cannot accept our return address, please consider and make a decision carefully before purchasing.
3.5 We reserve the right to limit the quantity of any product or service we offer. All product descriptions or product pricing are subject to change without notice and at our sole discretion. We reserve the right to discontinue any product at any time.
3.6 All products or services listed on the website, as well as product information, pricing and availability, are subject to change. If the price of a product is incorrect or the information is incorrect, we reserve the right to refuse or cancel any such order prior to accepting your order, whether or not the order has been confirmed and/or your credit card or PayPal account has been charged. If your credit card or PayPal has been charged for an order and we cancel your order, we will issue a credit to your credit card or PayPal account for the corresponding amount.
We may change, add or delete portions of these Terms of Use at any time in our sole discretion. It is your responsibility to check for changes to these Terms of Use before using this site, and your continued use of this site after posting changes to these Terms of Use constitutes your acceptance of any changes.
4. PRIVACY
We have developed a Privacy Policy to inform you of our practices regarding the collection, use, disclosure and protection of personal information. You can find the Privacy Policy contained in these Terms of Use on our homepage, and by using this site you agree to the terms of the Privacy Policy.
5. ERRORS
While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. We reserve the right to refuse or cancel any such order prior to accepting your order, whether or not the order has been confirmed and/or your credit card or PayPal account has been charged. If your credit card or PayPal has been charged for an order and we cancel your order, we will issue a credit to your credit card or PayPal account for the corresponding amount.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), as well as the design of any products offered on the Services, may be the property of Lilypajamas or others and protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.
6.2 Marks. The trademark Lilypajamas and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by Lilypajamas in connection with the Services, are trademarks, service marks, and trade dress of Lilypajamas (collectively, the “Marks” ) in the United States and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of Lilypajamas.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium.
7. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout, or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
8. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at [email protected].
9. INTERNATIONAL USERS.
The site are intended for U.S.-based users and products sold on the site are sold only to users located in the U.S. Lilypajamas makes no representations that the site are appropriate or available for use in other locations. Those who access or use the site from other countries do so at their own volition and are responsible for compliance with local law.