Terms of Use – Lillypulitzen
Welcome to Lillypulitzen (“we,” “us,” or “our”), the official website for premium women’s resort wear, including dresses, activewear, swimwear, loungewear, and accessories (the “Website”). These Terms of Use (“Terms”) govern your access to and use of the Website, including all content, features, and services available on or through the Website. By accessing or using the Website, you (“you” or “User”) agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and other posted policies (all available on the Website). If you do not agree to these Terms, please do not access or use the Website.
1. Eligibility to Use the Website
To use the Website, you must:
- Be at least 13 years of age (or have the supervision of a parent/legal guardian if you are between 13 and 17 years old). For purchases, you must meet the eligibility requirements outlined in our Terms of Purchase (e.g., 18 years of age or older, or have parental consent).
- Have the legal capacity to enter into a binding agreement (or be supervised by someone who does, if applicable).
- Access the Website using a supported device and internet connection, and comply with all technical requirements necessary to use the Website (e.g., updated browsers, enabled cookies where required).
2. Website Access & Use
2.1 Permitted Use
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes only, including:
- Browsing product listings, reading product descriptions, and viewing Website content (e.g., blog posts, style guides).
- Creating a user account (if you choose) to save preferences, track orders, and streamline future purchases.
- Placing orders for products in accordance with our Terms of Purchase.
- Subscribing to our newsletter or promotional communications (if you opt in).
2.2 Prohibited Use
You may not use the Website for any unlawful, harmful, or unauthorized purpose. Specifically, you agree not to:
- Access, modify, or attempt to bypass any security features, code, or systems of the Website (e.g., hacking, scraping, or using automated tools to collect data without permission).
- Upload, post, or transmit any content that is illegal, defamatory, harassing, offensive, obscene, or infringing of third-party rights (e.g., copyright, trademark, privacy).
- Use the Website to sell, promote, or distribute products or services not owned or authorized by Lillypulitzen (e.g., spam, phishing, or pyramid schemes).
- Impersonate any person or entity (e.g., Lillypulitzen staff, other users) or provide false information in your user account or interactions on the Website.
- Disrupt or interfere with the Website’s functionality, servers, or networks (e.g., overloading the site with traffic, spreading malware).
- Reproduce, distribute, modify, or create derivative works of any Website content (e.g., product images, logos, text) without our prior written permission.
3. User Accounts
If you create a user account on the Website, you agree to:
- Provide accurate, complete, and current information when setting up your account (e.g., name, email address, password).
- Keep your account password secure and confidential. You are solely responsible for all activities that occur under your account, including unauthorized use. If you suspect a breach of your account, notify us immediately at [email protected].
- Update your account information promptly if it changes (e.g., new email address, shipping address).
- Terminate your account at any time by contacting our customer service team, though we may retain certain data in accordance with our Privacy Policy (e.g., order history for legal compliance).
We reserve the right to suspend or terminate your account without prior notice if we believe you have violated these Terms (e.g., unauthorized use, fraudulent activity) or if your account is inactive for an extended period (we will notify you via email before termination, where possible).
4. Intellectual Property Rights
All content on the Website, including but not limited to logos, trademarks, product images, photographs, text, videos, and software (collectively, “Intellectual Property”), is owned by Lillypulitzen or our licensors. All trademarks, service marks, and trade names displayed on the Website (e.g., “Lillypulitzen”) are the property of Lillypulitzen or their respective owners.
You may not use, copy, or distribute any Intellectual Property without our explicit written permission. This includes using our product images or content for commercial purposes (e.g., reselling our products on third-party sites) or claiming our content as your own. Unauthorized use of our Intellectual Property may violate copyright, trademark, or other laws, and we reserve the right to take legal action against such violations.
5. Third-Party Links & Content
The Website may contain links to third-party websites, services, or content (e.g., social media platforms, partner blogs, payment processors). These links are provided for your convenience only, and we do not endorse or control the content, policies, or practices of third-party sites.
We are not liable for any damages, losses, or issues arising from your use of third-party sites. Before accessing or using any third-party site, you should review its terms of use and privacy policy. Additionally, third-party content (e.g., user reviews, comments) may appear on the Website—we do not endorse or verify the accuracy of this content, and we reserve the right to remove it at our discretion if it violates these Terms or is otherwise inappropriate.
6. Website Availability & Updates
We strive to keep the Website available 24/7, but we do not guarantee that the Website will be uninterrupted, error-free, or secure at all times. We may need to temporarily take the Website offline for maintenance, updates, or technical issues (we will post notices of scheduled downtime on the Website when possible).
We also reserve the right to modify, update, or discontinue any feature, content, or service on the Website at any time without prior notice (e.g., adding new product categories, removing outdated blog posts). These changes will not affect your rights under these Terms unless explicitly stated.
7. Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LILLYPULITZEN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (e.g., we do not warrant that products will meet your specific needs, or that the Website will be free of bugs or viruses).
- WARRANTIES RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF WEBSITE CONTENT (e.g., product descriptions, pricing, availability) — while we strive for accuracy, errors may occur (e.g., typographical errors, stock misstatements), and we reserve the right to correct them at any time.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LILLYPULITZEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO:
- Damages from Website downtime, errors, or security breaches.
- Losses from unauthorized access to your account or personal information.
- Disputes related to third-party links or content.
- Damages from relying on inaccurate Website content (e.g., incorrect product sizing).
Our total liability to you for any claim arising from these Terms or your use of the Website shall not exceed the amount you paid to us for products or services in the 12 months prior to the claim (or $100 if you have not made any purchases).
Some jurisdictions do not allow the limitation of liability for certain damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Lillypulitzen, our employees, directors, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Website in violation of these Terms.
- Your unauthorized use of our Intellectual Property.
- Your breach of any third-party rights (e.g., privacy, copyright) through your use of the Website.
- Any content you upload, post, or transmit on the Website.
10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of, United States of America, without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising from or related to these Terms or your use of the Website shall first be resolved through informal negotiation. To initiate negotiation, you must send a written notice to us at [email protected], describing the dispute and your desired resolution. We will respond within 15 business days, and we will work in good faith to resolve the issue.
If informal negotiation fails, the dispute may be submitted to the courts of, United States of America, for resolution. You agree to submit to the personal jurisdiction of these courts, and you waive any objection to venue or jurisdiction in such courts.
11. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, technology, or legal requirements. When we make changes, we will revise the “Last Updated” date at the top of this page and post the new Terms on the Website. We may also notify you of significant changes via email (if you have a user account) or a notice on the Website’s homepage.
Your continued use of the Website after changes are made constitutes acceptance of the revised Terms. We encourage you to review these Terms regularly to stay informed about your rights and obligations.
12. Contact Us
If you have questions, concerns, or disputes related to these Terms or your use of the Website, please contact our customer service team at:
- Email: [email protected]
- Response Time: We aim to reply to all inquiries within 1-2 business days.
Thank you for using Lillypulitzen’s Website. We hope you enjoy exploring our resort wear collection and have a seamless experience.