TERMS AND CONDITIONS OF SALE

The US section of the lilouparis.com website (“Website”) is owned and operated by Lilou Online Shop Sp. z o.o. sp.k., ul. Filtrowa 50, 02-032 Warsaw, Poland (“Lilou”).

Scope and Agreement on Terms and Conditions of Sale

This Website is available only for purchases made and delivered with the United States. The purchase of products offered for sale on the Website indicates your agreement as the customer to follow and be bound by these Terms and Conditions of Sale and, in addition, to the General Conditions of Use of the Website and the Privacy Policy (collectively the “Terms and Conditions”). Lilou may update the Terms and Conditions at any time without prior notice by posting them on this Website.

Orders may be placed on the Website only by customers in the United States purchasing product not intended for resale.

Placing of Orders

Orders may be placed online at www.lilouparis.com, with or without creating a customer account. By placing any order, with or without registration, customer accepts the Terms and Conditions in force as of the date of the order.

Lilou reserves the right to refuse or cancel any order and refund any purchase price paid prior to shipping for any reason.

Prices and Payment

All prices are in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery"). Payment is due immediately upon confirmation of the order. Payments will be processed through Paypal, through which it is possible to pay with or without a Paypal account, via credit card or Paypal transfer (with account). Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card. An order will not be processed until payment in full is complete.

A receipt shall be included with the product shipment.

Lilou reserves the right to modify the prices of products offered on the Website at any time without prior notice. Customer will be charged the prices displayed on the Website at the time the order was confirmed provided the product ordered is available. Lilou reserves the right to reject or to cancel the order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

Shipping and Delivery

Customer will be asked to select customer’s preferred shipment method. Delivery costs depend on the delivery service selected. Shipping costs for the selected shipment method will be displayed in the order summary on the Website. This amount will be payable by customer in addition to the price, including taxes, of the products ordered.

Products will be shipped to the physical street address specified in the order. Products cannot be shipped to post office boxes or APO/FPO addresses.

Customization

Certain Lilou products are customizable by engraving words or images. Customized products may not be returned and such sales are final.

Please carefully review any engraving instructions before placing your order. Lilou will follow the customer’s engraving instructions and will not be responsible for any mistakes such as spelling errors in the instructions.

Two different means of engraving are offered: simple hand-engraving based on the text provided by the customer using the form provided on the Website while placing the order, and special machine engraving based on a digital file containing an image or text sent by the customer while placing the order. Digital files should be in JPEG, PNG, or BMP format, size 1-3 Mb, with image definition of 1000-3000 pixels.

By submitting an order with text or a digital file for engraving (“Customer Submitted Content”), customer warrants and represents that customer has the rights to submit the Customer Submitted Content for engraving on the ordered item and that the Customer Submitted Content does not infringe the intellectual property rights of any third party and that the Customer Submitted Content that is not unlawful, false, misleading, abusive, libelous, obscene, discriminatory, insulting, or chauvinistic. By submitting Customer Submitted Content, customer granted to Lilou and its employees and affiliates a worldwide, royalty-free license to:
(a) use, copy and save the Customer Submitted Content in its IT systems and computers;
(b) to engrave the Customer Submitted Content on the ordered item, and
(c) to ship, export and/or import the ordered item in fulfilment of the order.
Lilou reserves the right to refuse to engrave any Customer Submitted Content, at its sole discretion, including for any violation of these Terms and Conditions. Customer agree to indemnify, defend, and hold Lilou harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to the Customer Submitted Content and any breach of customer’s warranties and representations.

Returns, Exchanges, Refunds

Products may be returned for exchange or refund within fourteen (14) calendar days from the delivery date subject the terms and limitations set out in the Terms and Conditions. Customer is responsible for all shipping costs for returns and exchanges.

Products that are customized for the customer are not returnable under any circumstances and the sales of such goods are final.

For all other goods, returns may be made only according to the following terms and conditions.

The customer must request a Return Authorization by email to customer@lilouparis.com with fourteen (14) calendar days of delivery of the products. Customer must ship the returned goods within fourteen (14) days of Return Authorization to the following address: ul. Józefa Lewartowskiego 6, 00-190 Warsaw, Poland. Returned products must be in their original condition. Lilou has sole discretion in determining whether the products purchased via the Website are in original condition when returned. Please insure your return package for the full retail value of the item. Lilou will not be responsible or liable if any return that is lost, misdirected or delivered late as customer shall bear the risks of the shipping chosen by the customer.

Repairs

If a repair of a product is required, please send a request by email to customer@lilouparis.com with a complete explanation of the repair that is required. An estimate of the cost of the repair and shipping instructions. Customer is responsible for the cost of the repair and all shipping costs.

Site Imagery

Pictures of products presented on the Website, and other forms of visualization and presentation of jewelry and other offered products are informative and may not be actual size, as the size and color of the images may vary across digital screens and mobile devices.

GENERAL CONDITIONS OF USE OF THE WEBSITE

Lilou grants you a limited right to use this Website for your personal, noncommercial use only. You agree to comply with all applicable laws, statutes and regulations regarding use of the website. You may access and view the content on the website on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the website for your personal use only.

Use by Children

The Website is not intended for users under the age of 18 and parents or guardians may not agree to use on their behalf. Lilou does not knowingly collect personal identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted or retained by Lilou.

Intellectual Property

Any and all text, images, designs, marks, and other content of this website originating from Lilou are copyrighted, trademarked, protected by trade dress or otherwise proprietary to Lilou. LILOU is a registered trademark, U.S. Reg. Nos. 4,813,375 and 5,036,823. The Lilou Clover Design is a registered trademark, U.S. Reg. No. 5,193,019. Any rights not expressly granted herein are reserved. All third-party product names, trademarks and registered trademarks that may appear on Lilou are property of their respective owners.

Links

The Website may contains links to third-party websites. Links to other websites are provided for your convenience and a link does not imply endorsement of, sponsorship of, or affiliation with a linked site by Lilou. Lilou does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Lilou is not responsible for the contents of any linked site and does not warrant, represent, or assume responsibility or liability for the accuracy, security, completeness, or operation of any linked site or any information or other materials downloaded from or contained on or in any linked site. Before using other websites or disclosing personal information to them, you should examine the terms and conditions of those websites, as they may differ from the Lilou Website.

Disclaimer, Limitation of Liability

The Lilou Website, its content, and any information available on or through the Website are provided “as is” and “as available” and without any representations or warranties of any kind, to the fullest extent permitted pursuant to applicable laws, of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the website.

Lilou does not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted. Without limitation, Lilou does not warrant the accuracy or completeness of any information provided through the Website.

Lilou shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, including but not limited to: the providing of services hereunder, the delivery or non-delivery of information, the sale or purchase of any goods or service, your access to or inability to access the Website, including for viruses alleged to have been obtained from the website, your use of or reliance on the service or any of the merchandise, information or materials available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release Lilou, its officers, managers, members, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the website. If the foregoing limitations are held inapplicable or unenforceable for any reason, you agree that the maximum liability of Lilou to you for any type of damages shall be limited U.S. $100.00.

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website.

Termination

Lilou may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website’s services at any time, in its sole discretion, and without liability to any user. Lilou may restrict, suspend or terminate your use of or access to the website and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our website or services).

Privacy

The terms of our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of products through the Website.

Force Majeure

Lilou shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control

Dispute Resolution

1. General Information

Lilou is committed to customer satisfaction. Lilou will try to resolve amicably any dispute arising from these Terms and Conditions as well as the purchase and sale of any offered products. You may contact Lilou by email at customer@lilouparis.com

You and Lilou agree that we will resolve any claim or dispute at law or equity relating in any way to the website, any information, services or products provided by us, any representations made by us, or the Terms of Use (each, a “Claim”) in accordance with one of the subsections below or as Lilou and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

2. Law and Place of Dispute

These Terms and Conditions are governed by and will be construed according to the laws of the State of New York in any proceeding or legal process, without regard to any conflict of law provisions. You agree that any permitted lawsuit may be brought only in the state or federal courts seated in New York County, New York, and in using this website, you consent to jurisdiction of such courts for the purpose of litigating such actions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

3. Arbitration

Any Claim (excluding claims for injunctive or other equitable relief) shall be resolved exclusively by binding non-appearance-based arbitration pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”). The arbitration will take place in New York, New York. Part or all of the arbitration may be conducted by telephone or based on written submissions and will not require the personal appearance of the parties or any witnesses unless otherwise agreed by the parties. The allocation of costs and fees for such arbitration shall be determined in accordance with AAA Rules. The arbitration shall be conducted by a single, neutral arbitrator who shall be appointed by the AAA. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. Nothing in these Terms of Use will prevent a party from seeking injunctive or other equitable relief with respect to the infringement, misappropriation or other violation of such party’s intellectual property or other proprietary rights in any court of competent jurisdiction. In the event the foregoing agreement to arbitrate is deemed unlawful, void, or for any reason unenforceable with respect to any claim, dispute or controversy, then you agree that any Claim, shall be filed and adjudicated only in the state and federal courts located in or having jurisdiction in New York County, New York and you hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

4. Improperly Filed Claims

All claims you bring against Lilou must be resolved in accordance with this Dispute Resolution section. Any Claim filed or brought contrary to the Dispute Resolution section shall be considered improperly filed.

5. No Class Actions

Any and all proceedings to resolve a Claim will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration. If for any reason a Claim proceeds in a court rather than in arbitration we each waive the right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Any arbitration decision may be confirmed by any court with competent jurisdiction.