Terms and Conditions - Customers

Terms and Conditions of Use Agreement - Lilo Customers

Please read carefully the following Terms of Use Agreement (“Terms of Use”) before using the marketplace services provided by Lilo Marketplace Limited (“Lilo”). Lilo is the trade name of Lilo Marketplace Limited (NZBN 9429050267941), a registered business in New Zealand.

Lilo is a website providing an online marketplace platform for the listing, sale and purchase of baby and children’s second-hand “Goods”. These Terms of Use apply to any buyers (“Buyer”) using Lilo’s marketplace services at the web address: shoplilo.co.nz. In using Lilo’s marketplace services, the Buyer agrees to accept the Terms of Use contained within this document and agree to the additional policies, terms and conditions referenced within it (“the Agreement”).

The Agreement is between Lilo and Buyer, upon registering as a customer or checking out as a Guest and is effective from April 01 2021. Any Buyer found to have violated the Terms of Use (or any other policies that have been published on shoplilo.co.nz) may be banned from using shoplilo.co.nz and the marketplace services provided on that platform. Any action taken is at the sole discretion of Lilo.

Definitions

01. Introduction

1. Lilo is an online marketplace that connects Buyers and Sellers in baby and children's preloved clothing, accessories, linen, books and puzzles. 
2. Lilo is not in any way directly involved in the transaction between a Buyer or Seller.
3. The legal ownership of purchased items on Lilo is transferred by the Seller to the Buyer upon completion of a sale. Lilo does not transfer legal ownership of items from the Seller to the Buyer.
4. Lilo allows the sale of clothing, footwear and accessories from size premature/newborn to children’s size 12.
5. Lilo allows the sale of all brands of clothing, footwear and clothing accessories labelled for babies and children as long as they are in a good condition and reasonably fit for purpose. 
6. All sales on Lilo are binding. Sellers are responsible for listing their items accurately, and the Buyer is responsible for reading the item description in its entirety before making a purchase. 
7. Lilo has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of Sellers to wash, sanitise, sell and ship Items.
8. Lilo allows Buyers or Sellers to buy or sell certain goods within a fixed-price or make-an-offer format. 
9. Lilo does not guarantee the true identity of a Seller. 
10. The relationship between the Seller and Lilo is solely that:
    1. Lilo provides the Seller with an online marketplace to list and sell Goods.
    2. Lilo acts as a Seller’s agent solely in the collection of money paid by a Buyer.
    3. Lilo and Sellers are not partners or joint venturers.
    4. A Seller is not an employee of Lilo.
11. You use the Marketplace at your own risk.

02. Our contract

1. The relationship between the Buyer and Lilo is solely that:
1. Lilo provides you with an online marketplace to purchase Goods.
2. Lilo acts as your agent solely in the collection of your money for a purchase of Goods.
2. When you purchase an Item on Marketplace, you are protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 as amended. 
3. You agree that you will abide in addition by these policies as stated in the Agreement and any other policy documents available via a hyperlink in this Agreement as well as any and all other operating rules, policies, and procedures that may be published and updated by Lilo from time to time, on the Marketplace, each of which is incorporated herein by reference.
4. Lilo makes no representation or warranty of any kind, express or implied, including, without limitations, warranties:
1. as to the fitness of the Marketplace and Service for a particular purpose;
2. as to availability and accessibility, without interruption, or error;
3. any obligation, liability, or remedy in tort whether or not arising from Lilo’s negligence. 
5. You now expressly release Lilo from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.
6. For the purposes of the Privacy Act 2020 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this Agreement, by Lilo and any agent or a third party nominated by Lilo and bound by a duty of confidentiality.
7. Any offer to buy or sell outside of the Marketplace carries the potential risk of fraud for both the Buyer and Seller, and as such is strictly not protected by this Agreement.

03. Amendments to our Terms

1. Lilo reserves the right, at their discretion, to amend, modify, add or remove these Terms. Your continued use of the Marketplace following any amendments implies the acceptance of these amendments. 
2. It is your responsibility to view this page from time to time for the latest Terms.
3. If you don’t agree to any updated Terms, you must stop using the Marketplace.

04. Customer registration and account management

1. By registering as a Buyer on the Marketplace, you confirm that you are over 18 years of age and are living in New Zealand.
2. You must provide your name, date of birth, email address, and address, and contact telephone number and will ensure that this information is always current and accurate at all times while you are a registered Buyer on Lilo.
3. It is your responsibility to ensure that your land address and details are entered correctly. Lilo or Lilo Sellers are not responsible for any errors or for any item/s sent to incorrectly entered addresses.
4. You can update your customer information, contact details and password through your ‘My Account’ area.
5. You agree that you will not provide your account access to another person or third party.
6. You agree that you will not use or allow anyone else to use the Marketplace to undertake any activity that is unlawful, offensive, threatening, malicious, defamatory, sexually explicit or deceive any person.
7. For details about the disclosure of personal information please see Lilo’s privacy notice. For the purposes of the Privacy Act 2020 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by Lilo and any agent or a third party nominated by them and bound by a duty of confidentiality.

05. Account security

1. You agree to securely protect your account information and password and make sure that this information is accurate. 
2. You will notify Lilo of any security breach or unauthorised use of your account.
3. You are solely responsible for any and all activity that is conducted via your account, including any liability, and/or damage, or loss that has resulted from your failure to securely maintain your Lilo account information and/or password.

06. Purchasing and payment

1. You agree that:
   1. BNWT: means the Item is Brand New With Tag. It is brand new, unused, unwashed, and undamaged, with tags still attached.
   2. BNWOT: means the Item is Brand New Without Tags. It is brand new, unused, unwashed, and undamaged, but does not have the tag; this might have been misplaced or accidentally removed.
   3. Excellent: means Excellent Used Condition. The item is near new, a handful of wears and little to no fading due to wash or wear.
   4. VGUC: means Very Good Used Condition. The item might have some fading from washing or wear; and some minor flaws like bobbling. 
   5. GUC: means Good Used Condition. A piece of clothing might have more fading or other signs of being used. It might also have some small stains, a button replaced, but otherwise everything is in great shape. A pair of shoes might be scuffed or have slight discolouration.
   6. Kindy/Play: means the item might be best for kindy or play due to the nature of its condition. The item still has some life left in it, but may have more significant fading, discolouration, stains, and general wear & tear.
   7. You understand that Lilo is Marketplace for preloved children’s goods and that Items are second-hand and previously used. Items may differ from one another in terms of condition.
   8. You understand that the Item listing includes photographs and a description that describe the Item’s category, brand, condition, size, and flaws to the Seller’s best ability.
   9. You understand that Sellers, to their best ability, list items against the most appropriate size option (best fit) and that this size may differ from the manufacturer’s tag size, and that in this situation, a Seller will include information in the ‘tag size information’ field and note the discrepancy in the description.
   10. You understand that Sellers, to their best ability, categorise Items against the most appropriate clothing condition. 
   11. You understand that clothing conditions are defined as: 
2. All sale prices include GST.
3. All sale prices include NZ Urban shipping costs. 
4. All clothing and linen Items, and fabric-based accessories (for example hats, gloves and cloth nappies) must be washed and/or sanitised before they are sent unless they are being sold as Brand New With Tags or Brand New Without Tags. All other items must be clean and/or sanitised before they are sent.
5. At the time of placing the order, you are required to pay in full and in the currency (NZD) in which the Item is listed for sale on the Marketplace.
6. Lilo will send you an email confirmation at the email address provided to Lilo once payment for the Item or order has been received.
7. Items in your cart are not reserved for you. Items are only removed from stock when a successful sale has been made. In some situations, another customer may successfully purchase an item while you are going through the check-out process.
8. If an item is added to your cart and it is purchased by another customer while you are still shopping, you are required to remove this item from your shopping cart to be able to proceed with your order.
9. In the rare occurrence that you and another customer successfully purchase an item at the exact same time, you may both end up successfully purchasing that item. In this situation, the Seller would contact the customer whose order was assigned the last order number (meaning it was processed after the first customer) to inform them that they were in fact unsuccessful in the purchase of that item. The unsuccessful customer would be refunded the price for that item.
10. To make future use of the Marketplace easier and faster for you, Lilo retains the personal and delivery information provided to them. They will not retain information relating to your payment or credit card. This financial information never comes into their control. The information given on that page is in reality a page of Lilo’s payment service provider.
11. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

07. Packaging, shipping and delivery

1. Items will only be sold and shipped within New Zealand.
2. You agree that you are responsible for correctly inputting your address into the address fields.
3. You agree to select the type of Urban or Rural shipping option based on your delivery address. You can find out whether you are classified as Urban or Rural by checking your address at https://www.nzpost.co.nz/tools/address-postcode-finder.
4. For orders being delivered to an NZ urban address shipping costs are included in the sale price of each item.
5. For orders being delivered to a Rural/Non-urban address, you agree that:
1. you understand that Lilo charges an additional Rural shipping cost of $6.00 per Seller/Store purchased from within your order.
2. You understand that you are required to select the correct number of Sellers/Stores you are purchasing from within that order.
3. You understand that if you select the incorrect number of Sellers/Stores your order will be held by Lilo until all Rural shipping costs for the correct number of Sellers/Stores are paid for.
4. You understand that if you select NZ urban shipping instead of Rural that your order will be held by Lilo until the correct Rural shipping costs are paid for.
6. The Seller is responsible for packaging up your Item/s in a manner that maintains the condition of the Item described in the listing.
7. The Seller will ship an order no later than 2 business days after the transaction of the sale has been made. 
8. All Items are sent as a tracked parcel through an NZ courier service.
9. You will be notified of dispatching and shipping by email when the Seller sends your order. 
10. If you make an order that results in item/s from multiple Sellers, you will receive a dispatching and shipping email when each Seller sends their portion of the order. For example, if all items in the order are from one Seller/Store, then you will receive one dispatching and shipping email. If your order contains items from three different Sellers/Stores, then you will receive three shipping emails.
11. In the case where some unexpected, exceptional circumstance prevents a Seller from shipping your Item/s within the 2 business days, you will be notified by the Seller or Lilo within 48 hours of the sale transaction to organise either a refund or a delayed shipment at your request.
12. You and a Seller may arrange for personal delivery or collection of the Item/s. This arrangement is solely between you and the Seller, and Lilo accepts no responsibility for liability for receipt of the Item/s.
13. Different Sellers have different shipping timeframes. Please check the listing or your successful purchase email for the estimated shipping timeframe.
14. Where your order is delayed, you must check the tracking number with the courier company as services frequently experience delays.
15. You must notify the Seller of delayed or lost shipping, so they can attend to the shipping issue.
16. If you have a discount code and have not used it, you cannot be reimbursed for the discounts you did not receive after the transaction has gone through.

08. Refunds, complaints and disputes

1. All sales are final on Lilo except as required by Law. Buyers are protected in the scenarios as set out below:
1. The order is not received and deemed lost by a courier service.
2. The order does not meet the described listing.
2. If you have not received your Item/s within fifteen business days from the day of collection, and the Item is deemed lost in transit by the courier company, you will be provided with a full refund by either the Seller or Lilo.
3. If an Item purchased does not look or meet the condition in the sale listing you must contact the Seller through the ‘contact vendor’ button on their Store page. You are required to communicate with them and use your best endeavours to resolve any dispute. Lilo shall not be responsible, has no involvement and makes no representations or warranties as to, and has no responsibility or liability with respect to communications, transactions, interactions, disputes or any relations whatsoever between you and any Seller. 
4. Lilo requires a Seller to refund the Buyer the full or partial amount where the listing was incorrectly listed. Both parties must agree on whether it is full or partial.
5. Where Lilo believes that the listing was significantly misleading, inaccurately described, or incorrectly listed, the Seller will be required to give a full refund to the Buyer.
6. It is at the Seller's discretion whether a refund comes from them or Lilo. If the Seller provides a Buyer with a refund, Lilo requires proof of the processed refund payment.
7. You will provide information to Lilo in respect of any claim for non-delivery to enable Lilo to identify the possibility of fraud.
8. If a Seller receives multiple complaints or if in Lilo’s reasonable discretion believes their performance as a Seller negatively impacts their reputation and its community of Sellers, they have full right to act reasonably to deactivate their account, remove their active listings and Store from the Marketplace.

09. Seller Consignment Services

1. Lilo allows Sellers to include in their Store Biogaphy that they offer a consignment service. 
2. If you engage with a Seller’s consignment service, you do so knowing that Lilo is not responsible, has no involvement and makes no representations or warranties as to, and has no responsibility or liability with respect to communications, transactions, interactions, disputes or any relations whatsoever between the parties (consignor and consignees). 

10. Covid-19 Guidelines

1. No Items are to be sent whilst a Seller or a member of their household is during the NZ Government Covid-19 mandatory isolation period.
2. If a Seller cannot fulfil your order due to Covid-19, Lilo will work with the Seller and you to either ship the order after the isolation period or provide you with a refund. 

11. Breach of terms and termination

1. If you are in breach of any terms of this agreement, or where Lilo reasonably considers it appropriate, Lilo may restrict, suspend or terminate your use of or access to the Marketplace, without notice or liability to you and in its sole discretion. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Lilo policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.

12. Copyright and Other Intellectual Property Rights

1. Lilo’s privacy policy is strong and precise (see our Privacy Notice). It complies fully with the Privacy Act 2020, available in full at www.legislation.govt.nz.
2. If you post Content to any public area of the Marketplace it becomes available in the public domain. Lilo has no control over who sees it or what anyone does with it.
3. Even if access to your text is behind an account registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
4. Lilo needs the freedom to be able to publicise their Services and your use of them. You therefore now irrevocably grant them the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Marketplace, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
5. Lilo will use that licence only for commercial purposes of the business of the Marketplace and will stop using it after a commercially reasonable period of time.
6. All Content on the Marketplace including lists is the property of Lilo and its Sellers. It is all protected by international copyright laws.
7. You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the Content, except as is expressly permitted in this Agreement or with Lilo’s written consent.
8. You should be aware that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13. Security

1. If you violate the Marketplace, Lilo shall take legal action against you.
2. You now agree that you will not, and will not allow any other person to:
1. modify, copy, or cause damage or unintended effect to any portion of the Marketplace, or any software used within it;
2. link to the Marketplace in any way that would cause the appearance or presentation of the Marketplace to be different from what would be seen by a user who accessed the Marketplace by typing the URL into a standard browser;
3. download any part of the Marketplace, without our express written consent
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about the Marketplace or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from the Marketplace, other than as permitted by this agreement or as is reasonably necessary for your use of the Services.

14. Interruption or closure of the Marketplace

1. Lilo is not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Marketplace.
2. Lilo gives no warranty that the Marketplace will be satisfactory to you.
3. Lilo provides its Marketplace and its Services on an ‘as is’ basis.
4. Lilo works hard to ensure the security and performance of the Marketplace but Lilo does not guarantee that the Marketplace will be 100% secure, uninterrupted or error-free.
5. You acknowledge that Lilo’s Service may also be interrupted for reasons beyond Lilo’s control.
6. Lilo will do all it can to maintain access to the Marketplace for its Sellers and Buyers, but it may be necessary for Lilo to suspend all or some of its Services at times for repairs, maintenance or other good reasons. 
7. Lilo has full discretion to permanently close down the Marketplace website at any time.
8. If Lilo was to permanently close down the Marketplace on an urgent and without notice basis, Sellers are required to fulfil any sales and send Items to Buyers that were made before the closure.

15. Miscellaneous Matters

1. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
2. You agree that all Lilo’s electronic communications satisfy any legal requirement that such communications be in writing.
3. Any communication to be served on either of you the Buyer or Lilo by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
4. It shall be deemed to have been delivered:
1. if delivered by hand: on the day of delivery;
2. if sent by post to the correct address: within 72 hours of posting;
3. If sent by email to the address from which the receiving party has last sent email: within 24 hours if no notice of non-receipt has been received by the sender.
5. If any term or provision of this Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
6. Any obligation in this Agreement intended to continue to have effect after termination or completion shall continue.
7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
8. Lilo shall not be liable for any failure or delay in their performance of this Agreement which is caused by circumstances beyond their reasonable control, including any labour dispute.
9. In the event of any conflict between any term of this Agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this Agreement shall prevail.
10. The validity, construction and performance of this Agreement shall be governed by the laws of New Zealand.