Terms of service

Terms of Service

OVERVIEW Welcome to Lilycute! When we say “we”, “us”, or “our”, we are referring to Lilycute. We operate this website, store, and all its related tools, content, and features (collectively, the “Services”) to provide you with a curated shopping experience. Our store is powered by Shopify, which provides the technology that allows us to offer these Services to you.

⚠️ Please read these Terms of Service (“Terms”) carefully. They outline your legal rights and responsibilities, and include crucial legal protections for our business, such as warranty disclaimers and limitations of liability.

By visiting our site, interacting with us, or making a purchase, you legally agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these rules, you may not use or access our Services.

 

1. Your Account & Access

To use our Services and make purchases, you agree to the following:

  • Age Requirement: You legally represent that you are at least the age of majority in your state or province of residence (or that you are of age and have given us legal consent for your minor dependents to use our Services on your devices).

  • Accurate Information: You promise that all the information you provide us (email, billing, shipping, and payment details) is strictly correct, current, and complete, and that you have the legal right to provide it.

  • Account Security: If you create an account, you are solely responsible for keeping your password and account credentials safe, and for all activity that happens under your account. You may not sell, transfer, assign, or license your account to anyone else.

2. Our Products

  • Colors & Appearance: We make every effort to display our products as accurately as possible. However, because phone and computer screens vary widely, we cannot guarantee that the colors or details you see on your device will perfectly match the physical item.

  • No Guarantees on Expectations: We do not legally warrant or guarantee that the quality or appearance of any product, service, or information will perfectly meet your personal expectations.

  • Changes & Limits: We reserve the right to change product descriptions, discontinue items without notice, or limit the quantity of products you can buy (or limit sales to specific people or geographic regions) at our sole discretion, on a case-by-case basis.

3. Orders & Cancellations

  • Order Acceptance: Placing an order is a legal "offer to purchase." We reserve the right to accept or decline your order for any reason. Your order is not officially accepted until we receive your payment, process it, and confirm the order.

  • Cancellations: Please review your order carefully! Once an order is accepted and processing begins, we may be unable to accommodate cancellation requests. (If we decline, change, or cancel an order on our end, we will attempt to notify you using the email or phone number you provided).

  • Personal Use Only: By purchasing, you legally represent and warrant that our products are strictly for your own personal or household use. Commercial resale or export of our products is strictly prohibited.

  • Returns: All purchases are subject to return or exchange solely in accordance with our official Refund Policy.

4. Prices & Billing

  • Price Changes: Prices, discounts, and promotions can change at any time without notice. You will be charged the price in effect at the exact time your order is placed.

  • Extra Fees: Unless explicitly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. You are responsible for these fees.

  • Pricing Conflicts: Online prices may differ from physical stores or third-party stores. If we run a special promotion, the specific rules of that promotion will override these general Terms if there is a conflict.

  • Payment Authorization: By placing an order, you warrant that: (1) your credit card information is true and complete, (2) you are fully authorized to use the card, (3) the charges will be honored by your bank, and (4) you will pay all incurred charges at the posted prices. You also agree to promptly update your account and payment details if they change so we can complete your transactions.

5. Shipping & Delivery (Risk of Loss)

  • Estimates Only: All delivery times are estimates and are never guaranteed. We are not legally liable for any shipping delays caused by carriers, customs processing, or events outside of our control.

  • Risk of Loss: The exact moment we transfer your package to the shipping carrier, the legal title and "risk of loss" passes to you. We are not responsible once the carrier has possession of the items.

6. Intellectual Property (Copyrights & Trademarks)

Everything on this website (including our name, trademarks, logos, text, images, graphics, reviews, videos, audio, and design) is owned by Lilycute, our affiliates, or our licensors, and is protected by U.S. and foreign intellectual property laws.

  • You may use our Services strictly for your personal, non-commercial use only.

  • You must not reproduce, distribute, modify, steal, republish, download, or transmit any of our content without our prior written consent. Unauthorized use violates federal and state laws.

  • Lilycute's names, logos, and slogans are trademarks. Shopify's logos are trademarks of Shopify. You may not use them without permission.

7. Optional Third-Party Tools

We may give you access to optional third-party tools (like special plugins or features on our site). We do not monitor or control these tools. We provide them strictly "as is" and "as available" without any warranties, endorsements, or conditions. We have absolutely no liability for anything that goes wrong when you use these third-party tools. You use them entirely at your own risk.

8. Third-Party Links

Our site may contain links to outside websites. We are not responsible for evaluating the content or accuracy of these third-party sites. If you leave our site to visit them, you do so at your own risk. We are not liable for any harm or damages related to third-party websites or products. Direct any complaints directly to that third party.

9. Our Relationship With Shopify (Important Legal Release)

Lilycute is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Lilycute. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lilycute, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lilycute.

10. Privacy Policy

All personal information we collect is subject to our Privacy Policy. Because we use Shopify, Shopify also collects and processes your data to provide these Services, and your data may be transmitted internationally. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

11. User Feedback & Reviews

If you send us reviews, ideas, suggestions, or other content ("Feedback"):

  • We Can Use It: You legally grant us a perpetual, worldwide, sublicensable, royalty-free license to use, publish, edit, modify, display, and distribute that Feedback anywhere, in any medium, including for commercial use. We do not have to pay you, keep it confidential, or respond to it.

  • Your Responsibility: You legally represent and warrant that: (1) you own the rights to the Feedback, (2) you have disclosed if you were compensated for the Feedback, and (3) your Feedback does not violate anyone's intellectual property or privacy rights.

  • Rules: You may not use a fake email address or impersonate someone else. Your Feedback must not contain libelous, unlawful, abusive, or obscene material, or contain any malware/viruses. We take no liability for Feedback posted by you, but we reserve the right to delete any Feedback we deem inappropriate.

12. Errors, Typos, & Omissions

We are human, and occasionally there may be typos or inaccuracies on our site relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and to change information or cancel orders at any time without prior notice (even after you have submitted your order).

13. Prohibited Uses (Rules of Conduct)

You are strictly prohibited from using our site or services to:

  • Do anything unlawful or malicious, or violate any local, state, federal, or international laws.

  • Infringe upon our intellectual property rights or the rights of others.

  • Harass, abuse, insult, defame, slander, or intimidate anyone (including our employees).

  • Submit false or misleading information, or impersonate someone else.

  • Transmit viruses, malware, or any malicious code that affects the functionality of our Services.

  • Send unauthorized advertising, spam, junk mail, or use phishing, crawling, scraping, or tracking methods.

  • Reproduce, copy, sell, or exploit any part of our Services without permission.

  • Interfere with or bypass our security features. Consequence: We reserve the right to suspend, disable, or terminate your account at any time, without notice, if you violate any of these rules.

14. Termination

We may terminate this agreement or your access to our Services at any time, for any reason, without notice. You will remain liable for any amounts owed to us up to the date of termination. Important legal sections (like Intellectual Property, Warranties, Liability, and Indemnification) will permanently survive the termination of this agreement.

15. DISCLAIMER OF WARRANTIES

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON IT IS STRICTLY AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY STATED BY LILYCUTE, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. (SOME JURISDICTIONS DO NOT ALLOW THESE DISCLAIMERS, SO THIS MAY NOT APPLY TO YOU DEPENDING ON WHERE YOU LIVE).

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LILYCUTE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

THIS APPLIES TO DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, ANY PRODUCTS PROCURED VIA THE SERVICES, ERRORS IN CONTENT, OR ANY LOSS/DAMAGE INCURRED AS A RESULT OF USING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. INDEMNIFICATION (Protecting Us from Lawsuits)

If a third party brings a claim or lawsuit against us because you breached these Terms, violated the law, or misused our Services, you legally agree to indemnify, defend, and hold harmless Lilycute and Shopify (and our affiliates, directors, and employees). This means you agree to pay for our legal losses, liabilities, damages, and reasonable attorneys' fees. We will notify you of any such claim and may control the defense at your expense, though we will not settle any claim requiring non-monetary obligations from you without your consent.

18. Severability

If a court or judge decides any single clause in these Terms is unlawful, void, or unenforceable, that specific clause will be severed (removed), but the rest of the entire agreement will remain completely valid and legally enforced to the fullest extent permitted by law.

19. Entire Agreement & Waivers

  • No Waivers: If we fail to exercise or enforce a rule right away, it does not legally constitute a waiver of our right to enforce it later.

  • Entire Agreement: These Terms (and any policies linked here) represent the entire legal agreement between you and us. They supersede any prior conversations, oral agreements, or past versions of these Terms. Any ambiguities will not be construed against the party who drafted this agreement (us).

20. Assignment

You may not delegate, transfer, or assign your legal rights or obligations under this agreement to anyone else without our prior written consent (any attempt to do so is null and void). We, however, may transfer, assign, or delegate our rights and obligations to another party at any time without needing your consent or notifying you.

21. Governing Law

These Terms of Service shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Lilycute is headquartered. You and Lilycute mutually consent to venue and personal jurisdiction in such courts to resolve any legal disputes.

22. Headings

The section titles and headings used in this document are for reading convenience only and do not alter the legal meaning of the text.

23. Changes to These Terms

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes as required by law. Your continued use of the Services after we post changes legally constitutes your acceptance of those changes.

24. Contact Information

If you have any legal questions, concerns, or need to contact us regarding these Terms of Service, please reach out via the information below:

Lilycute

  • Email: admin@lilycute.com

  • Mailing Address: PO BOX 134, Coldstream Melbourne Victoria Australia 3770

  • Phone: +61489276306

  • Business Number / ABN: 12887952401