Terms and Conditions

Last revised April 28, 2020

Please read these terms and conditions carefully. By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.

These terms and conditions (the “Agreement”) governs your use of this website, lillyandgrace.ca (the “Website”) and your purchase of products available on this Website (the “Products”). Lilly and Grace reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Lilly and Grace will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Lilly and Grace encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Lilly and Grace for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

Terms of Offer

This Website offers for sale certain Products. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Proprietary Rights

Lilly and Grace have proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Lilly and Grace. Lilly and Grace also have rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

To the extent that Lilly and Grace did create the content on this Website, such content is protected by intellectual property laws of the Province of Quebec, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use.

Purchases

If you wish to purchase any Products, you may be asked to supply certain information relevant to your purchase. By placing an order you are offering to purchase a Product on and subject to the terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

If your order is accepted we will inform you by email and we will also confirm the details of your order by email. When placing an order you undertake that all details you provide to us are true and accurate. The website and Products are offered on an “as is” and “as available” basis. Lilly and Grace expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or website content, or any reliance upon or use of the website content or Products.

Without limiting the generality of the foregoing, Lilly and Grace makes no warranty:

• that the information provided on this website is accurate, reliable, complete, or timely.
• that the links to third-party information is accurate, reliable, complete, or timely.
• no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
• as to the results that may be obtained from the use of the Products or that defects in Products will be corrected.
• regarding any Products purchased or obtained through the website.

some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the total cost. The delivery cost currently displayed only applies to deliveries in the Province of Quebec. If shipping outside of the province of Quebec, we will confirm the cost upon confirmation of your order.

Payment

All payments are due upon confirmation of the order of the Products unless otherwise agreed by the parties.. If no payment is received, no Product will be delivered. Cash or Personal Cheque, all major Credit/Debit Cards (on collection of the Products) or electronic transfer are all acceptable methods of payment. All Products remain the property of the Lilly and Grace until paid for in full.

Returned cheques will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, we reserve the right to terminate the arrangement. Consequently, all transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Risk

Risk in the Products shall pass to you at the moment the Products are dispatched from the Lilly and Grace`s premises. Where you choose to collect the Products yourself, risk will pass when the Products are entrusted to you or set aside for its collection, whichever happens first.

Title

Title in the Products shall not pass to you until Lilly and Grace has been paid in full for the Product.

Return/Refund policy

Where the Products have been manufactured by the Lilly and Grace and are found to be defective, the Seller shall in its sole discretion, replace defective Goods free of charge within 30 days from the date of delivery, subject to the following conditions:

• you notify Lilly and Grace in writing immediately upon the defect becoming apparent;
• the defect being due to the faulty design, materials or workmanship of Lilly and Grace.

any Products to be replaced shall be returned to Lilly and Grace at your expense, if so requested by Lilly and Grace.

Lilly and Grace shall be entitled in its absolute discretion to refund the price of the defective Products in the event that such price has already been paid.

Cancellation

An order may be cancelled up until payment has been processed. Once payment has been processed, you are responsible for payment.

Complaints

Any complaints may be sent to info@lillyandgrace.ca each case will be looked at individual, and we will be in contact with you.

Limitation of liability

Lilly and Grace entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and Products and/or for any breach of this Agreement is solely limited to the amount you paid, less shipping and handling, for Products purchased via the website.

Lilly and Grace will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or Products; (2) the cost of procuring substitute products or content; (3) any Products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

Indemnification

You will release, indemnify, defend and hold harmless Lilly and Grace from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Lilly and Grace. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

Force Majeure

Lilly and Grace will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation

Lilly and Grace may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Effect of Waiver

The failure of Lilly and Grace to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction

This Website originates from the Province of Quebec. This Agreement will be governed by the laws of the Province of Quebec without regard to its conflict of law principles to the contrary. Neither you nor Lilly and Grace will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the Province of Quebec. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Domestic Use

Lilly and Grace make no representation that the Website or Products are appropriate or available for use in locations outside the Province of Quebec. Users who access the Website from outside the Province of Quebec do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Lilly and Grace may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.