Terms and Conditions
TERMS OF USE
Lilly Bow Peep, its heirs, assigns, partners, employees, officers, or agents, (“LBP” "we" or “us” or “our”) owns and operates the following websites and Facebook group profiles: (1) http://lilly-bow-peep-2.myshopify.com/; and (2) https://business.facebook.com/lillybowpeep.net , the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and LBP’s services through the Site, you agree to these Terms of Use (defined below). You also agree to and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY LBP SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
1. About the SiteLBP offers a wide variety of items for girls, boys and adults for sale. LBP products range from clothing, jewelry, shoes, hats, to household items, and much more! LBP specializes in providing items for every member of the family!
The content of the pages of this Site is for your general information and use only. It is subject to change without notice. Certain products and pricing on the Site may change at any time in LBP’s sole discretion, without notice.
If you have any questions, concerns, or praise, please feel free to contact us at lillybowpeepinfo@gmail.com.
2. Ownership of the SiteThe Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, and other content providers. By using the Site and accepting these Terms of Use: (a) LBP grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by LBP; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of LBP.
3. Use of the SiteAs a condition of your use of the Site, you agree that:
The following activities are prohibited on the Site and constitute violations of these Terms of Use:
- Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
- Contains personal information, except when we expressly ask you to provide such information;
- Contains viruses or malware;
- Offers unauthorized downloads of any copyrighted, confidential or private information;
- Has the effect of impersonating others;
- Contains messages by non-spokesperson employees of LBP purporting to speak on behalf of LBP or provides confidential information concerning LBP;
- Contains chain letters of any kind;
- Is purposely inaccurate, commits fraud or falsifies information in connection with your LBP account or to create multiple LBP accounts; or
- Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
- Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
- Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
- Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with LBP; or
- The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with LBP, including, without limitation, aggregating current or previously offered deals.
- Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
- Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or content of any consumers or Merchants.
(e) Engaging in any of the following:
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by LBP;
- Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Exceeding or attempting to exceed quantity limits when purchasing products, or otherwise using any LBP account to purchase products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
- Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
- Hyperlinking to the Site from any other website without our initial and ongoing consent; or
- Acting illegally or maliciously against the business interests or reputation of LBP, our Merchants or our services.
By purchasing or obtaining any product via the Site, you agree to these Terms of Use, including, without limitation, the Terms of Sale.
- When you purchase a product, from LBP, clicking the “Complete Order” button only constitutes an offer to buy the product or products. By clicking the “Complete Order” button you are authorizing LBP to email you and confirm the transaction, as well as any additional information as it relates to your order status. Please note, that your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.
- A valid credit card or debit card is required for payment of all orders. By clicking “Complete Order” you are authorizing and agreeing for LBP to charge your credit card or debit card to process your order.
- All sales are final. Accordingly, refunds will be issued at LBP sole discretion. If you wish to cancel your order before delivery or change the quantity of the Products purchased or the delivery address, please contact us immediately. Please make sure you review your order before clicking the “Complete Order” button to ensure that your order is correct. Please note, that all sales are final and that LBP may be unable to issue you a refund or cancel your order.
- Shipment and tracking options and applicable charges will be stated in the deal terms and will vary by offer. Shipment may be limited to specific geographic locations.
- Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as guaranteed delivery times.
- We may have to cancel an order before your products are delivered; if this happens, we will attempt to notify you at the email address that is provided with your account.
- When products are delivered to the delivery address provided at checkout, risk of loss and legal title to those products will transfer to the recipient (i.e., the products will become the recipient's personal property).
- It is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal and international laws (including, without limitation, minimum age requirements) relating to the receipt, possession, use and sale of any Product.
- LBP reserves the right cancel your order and issue you a refund at any time.
- Refunds, Exchanges & Canceling Orders are currently not available. ALL SALES ARE FINAL! If we decide to issue you a refund or accept a return there is a 40% restocking fee. Shipping is never refunded. Holiday items are FINAL SALE!
- If we agree upon a refund, then the package must be sent back to LBP, unused, and be post marked within two business days of the delivery date. The package must be unopened and not damaged. If a refund is issued, you will be responsible for the shipping costs.
- Please be aware, if we agree to allow you to exchange your product, we cannot guarantee that you receive the exchanged product within the original shipping date or before a holiday. Further, LBP may charge exchange fees for any items that are exchanged. LBP reserves the right to charge exchange fees.
- LBP is not responsible for lost or damaged packages. LBP takes reasonable steps to ensure items are properly delivered, but cannot guarantee that all items are properly delivered and free from damages. You agree to contact LBP before initiating any chargebacks or disputing any orders. Your failure to contact LBP prior to initiating any chargebacks or disputing any orders will be deemed a failure to comply with LBP’s terms and conditions and waive your right to seek reimbursement from LBP.
- A majority of our items are PREORDER items. This means that LBP will not place and order with LBP’s affiliates or merchants until the sale ends. This allows LBP to sell you quality goods at wholesale prices.
- LBP tries to ship orders a soon as possible. LBP recommends that you place an order as soon as you see an item that you want, to improve the likelihood of delivery prior to a holiday or event. Estimated shipping date may be longer/shorter than expected based upon stock, shipping, and other unforeseen delays.
- PLEASE BE ADVISED: If you place a single order with two different items with different estimated sale dates-- your order will always ship on the later shipping date and all items will be shipped together. In some cases, this will mean that your order is unable to be fulfilled in time for a holiday or special event. Accordingly, LBP recommends that you place two separate orders, or utilize split shipping (if available) to ensure that you receive you items within the estimated six (6) week delivery timeframe.
- Products shipped within the U.S. and Canada are subject to applicable taxes, customs, and duties depending on your country of residence and will be added at checkout.
- Orders are complete when mailed from LBP. LBP makes no guarantees and maintains no liability once packages are shipped from LBP. LBP is not responsible for lost or damaged packages.
- Unless stated otherwise in the offer's deal terms, all Products are sold AS IS. See the Disclaimer of Warranty in Section 10 of the Terms of Use.
- Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
- We have taken reasonable steps to display as accurately as possible the colors and other details of Products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual products.
- Certain Products you purchase through the Site may be subject to export control laws and regulations if shipped outside the United States. It is your responsibility to ensure that any export or re-export complies with all applicable restrictions and regulations, including, without limitation, the Export Administration Regulations (“EAR”) administered by the Department of Commerce, the International Traffic in Arms Regulations administered by the Department of State, and all sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). You further agree that no Products sold through this Site will be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country subject to a comprehensive embargo administered by OFAC, and you agree that no Products sold through this Site will be exported or re-exported to any person or entity on the Specially Designated Nationals List administered by OFAC, the Entity List or Denied Persons List of the EAR, or any similar list of prohibited parties administered by the United States government.
Lilly Bow Peep LLC. 174B Semoran Commerce Place, Apopka, FL 32703
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. LBP DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION TO ALL PRODUCTS, (II) DESCRIPTIONS OF PRODUCTS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL PRODUCTS AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, LBP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
11. Limitation of Liability
When you use the Site or send emails to LBP, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
13. Websites of OthersThe Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.
14.Indemnification/ReleaseYou agree to defend, indemnify and hold harmless LBP, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any products purchased by you through the Site; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.
15.Force MajeureLBP shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of LBP.
16. AssignmentYou may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of LBP. Any attempted assignment that does not comply with these Terms of Use shall be null and void. LBP may assign these Terms of Use, in whole or in part, to any third-party in LBP’s sole discretion.
17. Entire AgreementThe Terms of Use, including, without limitation, the incorporated Terms of Sale and other terms incorporated by reference, constitute the entire agreement and understanding between you and LBP with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and LBP with respect to such subject matter.
18. Choice of LawAny disputes arising out of or related to these Terms of Use and/or any use by you of the Site or LBP’s services shall be governed by the laws of the State of Florida, without regard to its choice of law rules and without regard to conflicts of laws principles.
If you reside outside of the United States, LBP and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.
19. Disputes(a) Choice of Law and Forum; No Jury Trial. Any dispute or claim between you and LBP arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, or any products through the Site (“Disputes”) shall be resolved first, by contacting LBP at lillybowpeepinfo@gmail.com and including “Dispute” in the subject line of the email or correspondence. If for any reason a Dispute proceeds in court: (i) any such Dispute may only be instituted in a state or federal court in Orange County, Florida; (ii) you and LBP irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and LBP agree that the applicable federal law and the laws of the State of Florida, without regard to principles of conflicts of law, will govern this Dispute and any Disputes; and (iv) you and LBP agree to waive any right to a trial by jury.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 6 (“Your Conduct”) of the Terms of Use.
(d) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(e) Severability. If any court of competent jurisdiction determines that any part (sentence, paragraph, subsection, or section) of the Site’s Terms of Use is unenforceable, then the remainder of the provisions contained in these Terms of Use shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 18(b) above is ruled to be unenforceable, then Section 18(b) shall be deemed unenforceable, but the rest of Section 18 shall remain in full effect.
20. Additional DisclosuresNo waiver by either you or LBP of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect.