Terms and Conditions

 

1. Introduction

The Tulip and Lilly online store can be accessed at www.tulipandlilly.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes, accessories and décor (“the products”) online and have them delivered door-to-door in South Africa. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Tulip and Lilly (“account holders” or “you”) are able to purchase products.

Legally binding contract

All users and account holders, including those that purchase from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Tulip and Lilly to please explain the relevant clause to you before you accept the T&Cs by using or purchasing from the site.

With whom are you entering into a contract?

The site is owned and run by Tulip and Lilly, registration number 2016/423786/07, a company incorporated in the Republic of South Africa (herein after referred to as “Tulip and Lilly”). More information about Tulip and Lilly is available at the end of these T&Cs.

Products and availability

Please note that the stock of all items on offer is limited. Tulip and Lilly will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Tulip and Lilly is unable to fulfil any order at the advertised price because stock is sold out, Tulip and Lilly will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product.

The actual size and colour of advertised products may vary slightly. Please note, the Tulip and Lilly Privacy, Delivery and Returns policies are incorporated by reference and therefore forms part of these T&Cs.

2. Purchasing products

  • The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
  • A purchasing contract (“sale”) between you and Tulip and Lilly only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Tulip and Lilly (or has been received into Tulip and Lilly’s bank account).
  • The above is dependent on the product being available.
  • Products on Tulip and Lilly cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
  • This means that Tulip and Lilly may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
  • Tulip and Lilly cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
  • A tax invoice will be emailed to the email address on your Tulip and Lilly profile.

3. Cancelling and ending orders

  • Tulip and Lilly reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
  • Tulip and Lilly will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30 days of the order being delivered.

4. Fraud

  • Tulip and Lilly reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
  • Tulip and Lilly may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
  • In the event of a fraudulent purchase being placed on Tulip and Lilly, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Tulip and Lilly does not process refunds for orders suspected of fraud.
  • Tulip and Lilly does not provide order details relating to orders suspected of fraud.

5. Product Pricing


  • The price of each product is given on the product information page (“the product page”) on the site.
  • The Regular Retail Price:
    • The Regular Retail Price (“RRP”) is the standard price that Tulip and Lilly charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers. Tulip and Lilly reserves the right to change prices without notification.
    • When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
    • Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
  • The Discount Price:
    • When Tulip and Lilly is having a sale or is running a discount promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”).
    • When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
  • Pricing accuracy:
    • Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Tulip and Lilly are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Tulip and Lilly will not be obliged to supply the said product at the incorrect price.
    • Tulip and Lilly will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.

6. Delivery fees

  • For orders of R600 or more, Tulip and Lilly delivers door-to-door free of charge within South Africa.
  • For orders under R600, Tulip and Lilly charges a non-refundable R45 fee for door-to-door delivery in the Cape Town Area and a non-refundable R75 fee for delivery to the rest of South Africa.
  • Tulip and Lilly does not delivery to PO Box addresses.
  • Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Tulip and Lilly will not be obliged to deliver products at an incorrect delivery fee. Tulip and Lilly will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
  • We currently do not have an option available for international delivery via our cart on our site. Should you wish to ship any of our products’ internationally, please contact us on hello@tulipandlilly.co.za for a tailored international shipping quote. Please note that international shipping will be at the sole discretion of Tulip and Lilly.

7. Making payment

  • You can pay on Tulip and Lilly using your Visa or MasterCard credit or debit card, or via Electronic Funds Transfer (EFT).
  • Paying by credit card:
    • Tulip and Lilly accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
    • When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
    • If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Tulip and Lilly.
  • Paying by EFT:
    • Please note, when selecting to pay by EFT, you have 24 hours’ post placing your order to make the payment.
    • When making your payment, please be sure to use your order number as the beneficiary reference. This will ensure that Tulip and Lilly can process your order as quickly as possible.
    • Tulip and Lilly will start processing your order as soon as your bank forwards the payment to Tulip and Lilly. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
    • The delivery lead time as specified on the site only starts once Tulip and Lilly has received the payment from your bank.

8. Delivery

  • Place of Delivery:
    • As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
    • In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process.
    • On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for door-to-door.
    • In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will attempt to deliver for the second time, if at that time there is still no one to sign for the parcel, the parcel will be returned to us. If the account holder still wants delivery of same goods, the account holder will be liable for the delivery/courier charges. If the goods are no longer wanted, the account holder or user will be liable for the handling fees and/or courier fees at the discretion of Tulip and Lilly.
    • Should a delivery fee have been charged on the order, this will not be reimbursed, given that the courier has attempted delivery on numerous occasions.
  • Delivery time and delays:
    • Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa for door-to-door is 5 working days.
    • Should you be shipping outside of South Africa, confirmation of delivery times will be communicated on a case by case basis.
    • All deliveries will take place during business hours (i.e. there are no deliveries over weekends or on public holidays). Please take the above into consideration when selecting your delivery address.
    • The Electronic Communications and Transactions Act 25 of 2002 (ECT Act) entitles you to cancel your purchase within 7 days’ notice if the products you have purchased are not delivered within the agreed delivery period as specified above.
  • Delivery completed:
    • A door-to-door delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
    • It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
    • Such complaints and claims must be brought to the attention of Tulip and Lilly by contacting us on hello@tulipandlilly.co.za.
    • Tulip and Lilly cannot be held liable and assumes no liability for orders shipped to incomplete or incorrect delivery addresses supplied by the account holder or for any delays caused by the courier.
  • Lost parcels:
    • If the depot and/or the parcel tracking system provides no indication of the parcels’ location, please contact us on hello@tulipandlilly.co.za.
    • If the parcel is traced, it will be sent to the specified delivery address.
    • Should the parcel be declared lost, Tulip and Lilly will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any delivery fee incurred by the account holder).
    • Tulip and Lilly cannot be held liable for missing, lost or damaged parcels in transit.

9. Defective items, returns and reimbursement

  • If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Tulip and Lilly within 30 days of delivery, by the same delivery method which the parcel was received, in their original state, including all labels and packaging. If you are based in South Africa, you can either receive a refund for the purchase price, or have the product replaced (depending on stock availability).
  • In the case of a damaged or incorrect item having been delivered, Tulip and Lilly will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
  • Please contact us on hello@tulipandlilly.co.za should you have any queries. Refer to our Return policy for further information.

10. Competitions & Promotions

  • Tulip and Lilly may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.
  • Promotional coupons:
    • Promotional coupons are issued at Tulip and Lilly’s discretion. Users don’t have the right to promotional coupons and can’t earn them.
    • Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons. The onus is on the shopper to check the full coupon terms and conditions to ensure they understand the coupon’s applications and limitations.
    • In general, unless otherwise specified on the coupon itself: a coupon is only valid for 5 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
    • Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
    • Creation of multiple Tulip and Lilly accounts, with different email addresses, in order to utilise a coupon on multiple occasions, is abuse of the benefit and Tulip and Lilly reserves the right to not release these orders.
    • Should you wish to return an item you have purchased using a coupon:
      • If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, Tulip and Lilly will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.
      • If you have used a coupon against a purchase and then return some of the products purchased, Tulip and Lilly will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.
      • If you have used a coupon against a purchase and then return some of the products purchased, Tulip and Lilly will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Tulip and Lilly reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your Tulip and Lilly account, to debit the value of the coupon off your account balance.
      • Order value must exceed R450 after discount for free delivery.
    • Promotional coupons cannot:
      • Be used to purchase gift vouchers
      • Be exchanged for cash
      • Be transferred to anyone else
      • Be used after the expiry date which is, unless otherwise specified, 30days from date of issue
      • Be used together with any other promotion, including items already on sale or items discounted as part of another promotional offer.

11. Gift Vouchers

  • Electronic gift vouchers can be purchased on the Tulip and Lilly website. Tulip and Lilly gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
  • Vouchers cannot be:
    • used to purchase other Gift Vouchers;
    • used towards purchases at any affiliate websites; or
    • exchanged for cash.
  • General terms of Tulip and Lilly gift vouchers:
    • Gift voucher value can be set by you, to any value between R50 and
      R10 000.
    • The chosen value must be in Rands, no cent values are permitted.
    • You may use more than one gift voucher per transaction, should you wish to.
    • If a gift voucher is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
    • You can check the balance of a gift voucher within your user account section.
    • If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
    • You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
    • Gift vouchers cannot be used to purchase further gift vouchers.
    • The credit of a gift voucher does not accrue interest nor does it have a cash value.
    • Gift vouchers are not refundable for cash once purchased.
    • If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either Credit Card or EFT.

12. Security

  • Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
  • Tulip and Lilly will claim civil damages from Such person if Tulip and Lilly suffers any damage or loss.
  • You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
  • You allow Tulip and Lilly to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
  • All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Tulip and Lilly has no access to any confidential information regarding your payment method.
  • Only Tulip and Lilly’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.

13. Indemnity

Tulip and Lilly is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Tulip and Lilly is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

However, neither Tulip and Lilly nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.

Furthermore, Tulip and Lilly provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing hello@tulipandlilly.co.za.

It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Tulip and Lilly’s official stance.

We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

14. Applicable Laws

  • This site is offered, controlled and run from the Republic of South Africa. As such, it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
  • You and Tulip and Lilly are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
  • Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

15. Privacy

Tulip and Lilly website visitors, subscribers, registered account holders and shoppers are subject to Tulip and Lilly’s Privacy Policy.

16. Changes to the Terms and Conditions

Tulip and Lilly may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.

17. Disputes

Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Tulip and Lilly, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.

Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.

Legal notice address:

Tulip and Lilly elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:

PO Box 50602
Waterfront
8002

An electronic copy is to be sent to hello@tulipandlilly.co.za (such copy must be delivered in conjunction with physical copy for serving to be effected).

18. Terms and Discontinuation

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Tulip and Lilly from time to time (as described above), for as long as the website continues to exist and be operated. Tulip and Lilly is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Tulip and Lilly has instructed you to do so, your access to the service will be blocked.

We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Tulip and Lilly will not have any negative effect on any damages Tulip and Lilly may claim.

19. Copyright and other intellectual property

Any and all copyright relating to the website, including these terms and conditions, is held by Tulip and Lilly. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends.

To obtain permission for commercial use of any content from this site, please send an email hello@tulipandlilly.co.za. Tulip and Lilly is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Tulip and Lilly of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Tulip and Lilly. As such they are protected by local and international legislation and agreements.

20. Electronic communication

When you sign up for a Tulip and Lilly newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to hello@tulipandlilly.co.za, you agree to get electronic communication from Tulip and Lilly.

21. Tulip and Lilly corporate information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.

Tulip and Lilly information is as follows:

TULIP AND LILLY PROPRIETARY LIMITED
Registration Number 2016/423786/07

Legal notice address:

PO Box 50602
Waterfront
8002

Website: www.tulipandlilly.co.za
Official email address: hello@tulipandlilly.co.za

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