TERMS & CONDITIONS
Last updated: February 27, 2016.
Last updated: February 27, 2016.
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of TRILLYCLUB.com or any subdomains thereof (hereafter “web site”). This web site is owned by TRILLYCLUB, a trading name of TRILLY (hereafter “TRILLYCLUB”,“we,” “us” or “our”). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “services”).
We reserve the right to change these Terms without notice to you, and any such changes will be effective upon publication on the Site.
Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site or the services provided by TRILLYCLUB through its web site.
The following words used in these Terms shall have the following meanings:
Individuals: These terms of sale apply to all goods and services supplied by TRILLYCLUB via the web site. The web site is governed by the following terms and conditions; they do not affect your statutory rights.
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on the web site. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer care team via email@example.com.
Product images are for illustrative purposes only. Although we have made every effort to display colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our web site is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
All prices are in euros and include VAT (where applicable) at the current rates.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown at checkout on this web site.
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our web site is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorization for your payment;
(b) if there has been a pricing or product description error;
(c) if you do not meet any eligibility criteria set out in our terms and conditions;
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area (see our “shipping page” to view the full list of countries that we ship to).
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
TRILLYCLUB offers to pre-order an item. Pre-ordering is placing an order in advance of release and requires a full payment. If a customer pre-orders an item, we give availability-guarantee and sure item stock for them. As soon as the item will be available it will be send to the customer. The arrival time can verify, depending on the shipping address of the customer. For cancelling a pre-order (see below)
Payment can be made by any of the options advertised on our web site. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorized third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the web site.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
THIS CLAUSE ONLY APPLIES IF YOU ARE A CONSUMER.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last good or the last lot or piece (as the case may be).
In case of a pre-order does the cancellation period expire after 14 days once the item has been sent to the customer. Before the release of a pre-order item is it possible for a customer to cancel the pre-order at any time. In this case the customer will get a full refund including any shipping costs. As soon as the pre-order item has been sent to the customer, do the normal cancellation terms apply and starts the 14 days cancellation period.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement via e-mail to firstname.lastname@example.org.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract before sending the goods to the provided address, we will reimburse to you all payments received from you, including the costs of delivery.
If you cancel this contract after sending the goods to the provided address, we will reimburse to you all payments received from you, excluding any costs of delivery.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If the consumer has received goods in connection with the contract we will collect the goods.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order. However we reserve the right not to make deliveries to your country unless our ordering form provides that facility.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via e-mail (email@example.com) of the problem within 14 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us via e-mail (firstname.lastname@example.org) of the problem within 14 days from the date on which you ordered the goods.
Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country’s government.
If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product and any Import Duty / Tax / VAT or penalty imposed by your government.
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Please note that any products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective;
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
TRILLYCLUB will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Links to third party web sites on this web site are provided solely for your convenience. If you use these links, you leave this web site. We have not reviewed all of these third party web sites and do not control and are not responsible for these web sites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to this web site, you do so entirely at your own risk.
Any sweepstakes, contest or similar promotion made available through TRILLYCLUB web sites or for which TRILLYCLUB may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, User will become subject to its specific official rules. Note, however, that User remains subject to these Terms to the extent they do not conflict with the applicable official rules.
TRILLYCLUB regularly sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at email@example.com or following the unsubscribe link contained in each of the emails.
The TRILLYCLUB web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under Dutch and International copyright laws. TRILLYCLUB owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, re-transmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of TRILLYCLUB and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this web site for your own private use on the following basis:
(a) no documents or related graphics on this web site are modified in any way;
(b) no graphics on this web site are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
In accordance with Dutch and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to firstname.lastname@example.org
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by TRILLYCLUB infringe your copyright, you (or your agent) may send TRILLYCLUB a notice requesting that the material be removed or access to it blocked by providing TRILLYCLUB’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TRILLYCLUB a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this web site should be sent to: email@example.com
TRILLYCLUB suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
To register on our web site you must be at least 13 years of age.
Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
User must complete the registration process by providing TRILLYCLUB with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a User name.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify TRILLYCLUB immediately of any unauthorized use of their account or any other breach of security. TRILLYCLUB will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by TRILLYCLUB or another party due to someone else using their account or password.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
We may deny access to any User, at any time, and for any reason. In addition, TRILLYCLUB may, at any time, transfer rights and obligations under these Terms to any current or future Company subsidiary or business unit, or any companies or divisions or any entity that acquires TRILLYCLUB or any of its assets.
While TRILLYCLUB uses reasonable efforts to include accurate and up-to-date information, TRILLYCLUB specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all TRILLYCLUB web sites, either now operating or created in the future. TRILLYCLUB disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. TRILLYCLUB disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the TRILLYCLUB web site.
TRILLYCLUB does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the TRILLYCLUB web sites or on any external web sites linked to them. In particular, TRILLYCLUB does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall TRILLYCLUB be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
TRILLYCLUB WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE TRILLYCLUB WEB SITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. TRILLYCLUB EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TRILLYCLUB DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF TRILLYCLUB WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH TRILLYCLUB WEB SITES. TRILLYCLUB DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON TRILLYCLUB WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY TRILLYCLUB WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO TRILLYCLUB WEB SITES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TRILLYCLUB WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TRILLYCLUB AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
TRILLYCLUB may modify, suspend, discontinue or restrict the use of any portion of TRILLYCLUB web site, including the availability of any portion of the content at any time, without notice or liability.
User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of TRILLYCLUB or any other, web site. While we endeavour to ensure that this web site is normally available 24 hours a day, we will not be liable if for any reason this web site is unavailable at any time or for any period. Access to this web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our web site or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless TRILLYCLUB, its web site(s) and each of its respective advertisers, partners, suppliers, licencors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. Your use of TRILLYCLUB web site(s);
2. TRILLYCLUB’s use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
We endeavor at all times to provide high standards in retail and business and recognise and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.
If you post any comment on our service or products on any web site other than TRILLYCLUB’s web site, you agree that:
I) you will not include any statement that is untruthful or malicious.
II) you will do all that is possible to enable TRILLYCLUB to post to the same web site a comment in response and if such is not possible, you will include such response in full in a comment posted by yourself on the same web site
III) you will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by TRILLYCLUB of the service operated at www.TRILLYCLUB.com
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the web site are appropriate or available for use outside the United Kingdom. It is prohibited to access the web site from territories where its contents are illegal or unlawful. If you access this web site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of TRILLYCLUB.
Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services at firstname.lastname@example.org. Where possible, include details that would assist TRILLYCLUB in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at email@example.com.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the user and TRILLYCLUB and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.
You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
If you have any questions regarding our web site, Terms or our products. Contact us via: firstname.lastname@example.org
TRILLYCLUB is a trading name of TRILLY. Registered in The Netherlands under Chamber of Commerce number: 65268393. Our VAT registration number is NL217348300B01. Main office Ligusterstraat 48, 2563VE The Hague, Zuid Holland, The Netherlands.