Terms of service

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Cancelation period: the period during which the consumer may exercise his right of withdrawal;

Consumer: a natural person not exercising a profession or business who enters into a distance contract with an entrepreneur;

Day: calendar day;

Duration of the transaction: a distance contract for a number of products or services, the obligation to deliver or purchase is spread over time;

Durable data medium: any means that enables a consumer or trader to store information addressed to him personally in a way that allows future reference and reproduction of the stored information unchanged.

Right of withdrawal from the contract: the possibility for the consumer to withdraw from a distance contract during the withdrawal period;

Trader: a natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract under which, as part of the distance selling system organized by the entrepreneur, until the conclusion of the contract, only one or more technologies for distance communication are used;

Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur needing to be in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Store name: Lily Hil

Email: info@lilyhil.com

Telephone number: +31 616477980

Article 3 - Application

These general conditions apply to any offer from the entrepreneur and to any distance agreement and order concluded between the entrepreneur and the consumer.

Before a distance agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions can be checked with the trader and sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be read in electronic form and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most advantageous to him.

If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or unenforceable, the agreement and these terms and conditions shall remain in force and the affected provision shall be immediately replaced by mutual consent with a provision as close as possible to the original.

Situations not covered by these general terms and conditions must be considered "in the spirit" of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - Offer

If the offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer correctly. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot constitute a basis for compensation or termination of the contract.

Product images are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
which are associated with accepting the offer. This applies in particular
in particular:

any costs

y shipping;

how the agreement will be concluded and what measures are required for this purpose;

whether the right of withdrawal applies;

method of payment, delivery and fulfillment of the contract;

the deadline for accepting the offer or the deadline within which the trader guarantees the price;

the tariff for distance communication 

if the costs of using distance communication technology are 

suitable on a basis other than the normal basic rate for the means of communication used;

whether the contract is archived after it is concluded, and if so, how the consumer can read it;

the way in which the consumer can check and, if necessary, correct the information he has provided within the framework of the contract before concluding the contract;

the rules of conduct to which the trader is subject and how the consumer can read these rules of conduct electronically; and

the minimum duration of a distance contract in the case of a time-limited transaction.

Optional: available sizes, colors, type of material.

Article 5 - Contract

Subject to the provisions of § 4, the contract comes into force when the consumer accepts the offer and meets the conditions therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm acceptance of the offer electronically. Until receipt of this acceptance is confirmed by the trader, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to protect electronic data transmission and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will follow appropriate security measures.

The entrepreneur may - within the legal framework - inform himself about whether the consumer can meet his payment obligations, as well as all facts and factors that are important for the responsible conclusion of a distance contract. If the entrepreneur, based on this investigation, has reasonable grounds not to conclude the contract, he is entitled to reject the order or application or attach special conditions to the implementation, stating the reasons.

The entrepreneur will accompany the product or service with the following information to the consumer, either in writing or in such a way that the consumer can store it in an accessible manner on a durable data medium:

The registered address of the entrepreneur at which the consumer can submit a complaint;

the conditions and manner in which the consumer can exercise the right of withdrawal from the contract, or an express statement on the exclusion of the right of withdrawal from the contract;

information on guarantees and existing after-sales services;
data included in art. 4 paragraph 3 of these terms and conditions, unless the entrepreneur has provided this information to the consumer before the contract was concluded;
requirement to terminate the contract if the contract is concluded for a period longer than one year or for an indefinite period.
In the case of a time-limited transaction, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded on the condition that sufficient availability of the relevant products is interrupted.

Article 6 - Right to withdraw from the contract

When purchasing products, the consumer has the opportunity to terminate the contract without giving any reason for a period of 14 days. This withdrawal period begins on the day after receipt of the product by the consumer or a representative previously appointed by the consumer and notified to the trader.

During the consideration period, the consumer will handle the product and its packaging with care. Unpack or use the product only to the extent necessary to decide whether he or she wants to keep it. If he exercises his right of withdrawal, he will return the product to the trader together with all accompanying accessories and – if possible – in the original condition and packaging, in accordance with reasonable and clear instructions from the trader.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. The consumer should inform about this in writing/email. Once the consumer has indicated that he or she wishes to exercise his or her right of withdrawal, he or she must return the product to the warehouse in China within 14 days. The consumer must prove that the delivered products were returned in time, for example through proof of delivery.

If after the periods specified in paragraphs 2 and 3 the customer has not expressed his or her will to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs of withdrawal from the contract

If the consumer exercises the right to withdraw from the contract, the costs of returning the products shall be borne by the consumer.

If the consumer has paid the amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after he has withdrawn from the contract. This depends on the condition of the product

has already been received back by the retailer, or conclusive evidence of a full refund can be provided.

Article 8 - Exclusion of the right to withdraw from the contract

The entrepreneur may exclude the consumer's right to withdraw from the contract with regard to products described in points 2 and 3. The exclusion of the right to withdraw from the contract is only valid if the entrepreneur has expressly stated this in the offer or at least in good time before the contract was concluded.

Exclusion of the right to withdraw from the contract is 

only possible for products

that have been created by the trader in accordance with the consumer's specifications;
that are clearly personal

Article 9 - Price

During the validity period specified in the offer, the prices of the offered products and/or services will not increase, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the Trader may offer products or services whose prices are subject to fluctuations on the financial market that are beyond the Trader's control, with variable prices. This connection with fluctuations and that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months of conclusion of the contract are only permitted if they comply with legal provisions or regulations.

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has foreseen them and:

they arise from legal provisions or regulations; or
the consumer has the right to terminate the contract on the day the price increase comes into effect.

All prices may contain printing and typing errors. We are not responsible for the consequences of printing and composition errors. In the event of printing and composition errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications in the offer, reasonable requirements for reliability and/or ease of use and the legal and/or state regulations applicable on the date of conclusion of the agreement. . If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

The warranty provided by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defective or incorrectly delivered products must be reported in writing to the trader within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the Contractor shall never be held responsible for the final suitability of the products for each individual use by the Consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if

The Consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;

the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or not in accordance with the instructions of the trader and/or on the packaging;

The defect is wholly or partly the result of regulations that the State has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The Contractor will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the Consumer has provided to the Company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will process accepted orders with reasonable speed, but not later than 14 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or the order cannot be fulfilled or can only be fulfilled in part, the Consumer will be informed of this no later than 14 days after placing the order. In such a case, the Consumer has the right to withdraw from the contract without incurring costs and the right to any compensation.

Upon termination of the contract in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Consumer as soon as possible, but no later than 14 days after termination of the contract.

If delivery of the ordered product proves impossible, the Entrepreneur will endeavor to offer a replacement product. At the latest at the time of delivery, it will be clear and understandable that a replacement product is being delivered. In the case of replacement goods, the right of withdrawal cannot be excluded. Return shipping costs are the responsibility of the Entrepreneur.

The risk of damage and/or loss of the products lies with the entrepreneur until delivery to the consumer or to a pre-appointed representative and handed over to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration,

termination and renewal

Termination of the contract

The consumer may at any time terminate an agreement for an indefinite period concluded for the regular supply of products (including electricity) or the provision of services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may at any time terminate a fixed-term agreement concluded for the regular supply of products (including electricity) or services

after the expiry of the agreed period, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

termining at any time and not being limited to termination on a specific 

time or period;

at least resolve them in the same way as they were terminated by him;

always terminate with the same notice period as prescribed by the entrepreneur.

Extension

A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers may be automatically extended for a specified period of up to three months if the consumer has the right to terminate the extended contract at any time with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of goods or services may be tacitly extended for an indefinite period only if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case where the contract concerns the regular, but less than once a month, supply of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily newspapers and weekly newspapers in the form of an introductory period (trial or introductory subscription) is of course not continued and expires automatically at the end of the trial or introductory period.

Duration

If the contract lasts longer than one year, the consumer may terminate the contract at any time after one year with one month's notice, unless reasons and reasonableness speak against terminating the contract before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the withdrawal period mentioned in the article has begun. 6 § 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer must immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
In the event of non-payment by the consumer, the trader is entitled, subject to statutory restrictions, to charge reasonable costs of which the consumer has been informed in advance.

Article 14 - Complaints procedure
Complaints regarding the performance of the contract must be sent to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints sent to the entrepreneur will be processed within 14 days from the date of receipt. If the complaint requires a predictably longer processing time, the entrepreneur will respond within 14 days with acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not relieve the trader of his obligations, unless the trader states otherwise in writing.

If the complaint is considered justified by the entrepreneur, the entrepreneur will, at its sole discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes
For contracts between a trader and a consumer to which these general terms and conditions apply, only US law applies.