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Terms Of Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN OUR RELATIONSHIP TOGETHER.

Cancellations

Orders cannot be canceled after the date that is 14 days after Seller’s receipt of order, or after an order has shipped, whichever occurs first. Cancellations after this time frame are subject to a late cancellation fee equal to 50% of the merchandise order total (the “Cancellation Fee”). Orders where a form of payment satisfactory to Seller has not been obtained prior to the Completion Date or a customer has refused a shipment shall be deemed a cancellation and subject to the Cancellation Fee.

Returns

Buyer must inspect their order upon receipt to insure that merchandise delivered matches its order and that the items received are free and clear of defects. All requests for return authorizations must be submitted via email to returns@lillap.com within 7 days of receipt and include order number and detailed description of the order issue. The Seller will issue a return authorization in the event of any defective merchandise or shipping errors. Returns for any other reason, if granted, shall be in the Seller’s sole discretion and subject to a replacement order greater than or equal to 125% of the return value.

Shipping

All goods are shipped FOB Seller’s warehouse. Start Ship Date represents the first day goods may arrive at Buyer’s requested delivery address. Completion Date represents the last day merchandise may leave the Seller’s warehouse. Should any date fall on a day when the Seller’s warehouse is closed, Seller reserves the right to adjust the Start Ship or Completion Date.

Courtesies

Buyer acknowledges that any special handling request such as call before charging or call before shipping is provided strictly as a courtesy to Buyer. It shall in no way make an order conditional upon any requested courtesy. Seller in its sole option may release a shipment or extend the shipping window when attempting to resolve any requested courtesies.

Minimum Advertised Price

Advertised or Published items must be priced at the suggested retail price, including online stores. Markdowns on items must not be taken earlier than 90 days from Sellers quoted delivery date. When marking down items, original suggested retail price must be displayed. No advertised markdowns are permitted on Seller’s core items unless discontinued by Seller.

Paid Search Terms and Conditions

Trademark bidding is NOT allowed. Bidding is not permitted on the Lilla P trademark, or any variation or misspelling of the trademark. Buyers are not permitted to bid on these trademarks and keywords.

Payments

It is Seller’s policy that first orders are paid via major credit card, electronic check or pro forma invoice prior to shipment. If Seller requires payment in advance, Buyer authorizes Seller to collect payment through a form of payment previously provided including credit card(s) or bank drafts. If Buyer selects electronic check, Buyer hereby authorizes Seller to initiate debit entries to Buyer’s checking account at the bank provided for purchases of goods and services that Buyer may purchase from Seller. Buyer authorizes Seller to debit Bank such amounts as they become due and payable. This authorization remains full force and effect until such time as Seller receives written notification from Buyer of termination and Seller has had a reasonable opportunity to act.

 

Returned Items

Buyer’s account will be assessed a $40 handling fee for all payments returned to Seller as uncollectable for any reason whatsoever. Buyer authorizes Seller to use information from payment to collect returned funds and handling fees electronically.

Credit

Seller will review requests for credit and only Seller’s accounting department has the authority to grant any payment terms other than cash in advance. Authorization is hereby granted for Seller, or its agents, to make inquiries from time to time from sources deemed appropriate regarding the Buyer’s or Guarantor’s creditworthiness, including but not limited to those references provided by Buyer. Buyer and Guarantor further authorize all bank(s) and/or business references to release credit information as requested by Seller in assessing creditworthiness.

Deterioration of Purchaser’s Credit

The Seller has the right, in addition to other remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Purchaser fails to pay in full for any one shipment when the same becomes due. Should the Purchaser’s financial condition become unsatisfactory to the Seller for any reason, the Seller may require cash payments or satisfactory security for delivery of goods. This shall in no way release Purchaser from its obligations under any provision of this agreement.

Default

Should Buyer become delinquent in payment, Seller may charge the Buyer a past due service charge at the rate of 1 ½% per month (18% per annum) on any past due balance. Should it become necessary for Seller to refer the Buyer’s account to a collection agency or attorney for collection the Buyer shall incur the cost for these services including, but not limited to: collection agency fees, attorney’s fees, court costs, and all other costs and expenses which may be incurred by the Seller in the enforcement of this agreement.

Personal Guaranty

In consideration of any credit extended and/or to be extended by Seller in its discretion to Buyer, or the release of goods paid by credit card or check, the individual(s) signing this Agreement or purchase order or credit application or delivery receipt or check or credit slip (who, if more than one, shall be jointly and severally bound) hereby unconditionally guarantee(s) to Seller and its successors, endorsees, and assigns the punctual payment when due, with such interest as may accrue thereon either before or after any maturity(ies) thereof, of all debts and obligations of Buyer and its successors and assigns now existing or hereinafter arising, as well as the performance and observance by Buyer of the terms, conditions, stipulations, and agreements of Buyer contained on this Buyer Order. This Guaranty will be continuing and irrevocable guaranty and indemnity for such indebtedness of Buyer. The undersigned do(es) hereby waive notice of acceptance of this Guaranty, notice of the occurrence of any default, presentments, demands, protests, and notices of any and all action at any time taken or omitted by Buyer regarding its indebtedness to Seller. The signer consent(s) to any modification or renewal of the credit hereby guaranteed. This guaranty shall bind the executors, administrators, and assigns of the undersigned and shall remain in force and effect unless and until canceled by written notice sent to Seller by registered mail, in which case it shall then be binding as to any balances still owing and outstanding as of the date of Seller receipt of such registered notice.

Jurisdiction

Any transactions between the Purchaser and the Seller are governed by the laws of New York and the Company and any Guarantor hereby consent to the jurisdiction of the courts of New York, New York, for any claims or controversies arising in the sale of garments by the Seller to the Purchaser. The Seller also reserves the right to sue the Purchaser or its Guarantor in the province or state of its domicile.



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