Through the Service we offer an online inventory of high-end skincare and beauty products from Korea and Japan (“Products”) and insightful skincare and beauty tips.
You are required to pay the fees associated with the Products you purchase. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any purchase, and you agree to pay all charges resulting from your purchase of Products at the prices then in effect, including any unauthorized charges incurred prior to your notifying Peach and Lily of such charges.
All Products shall be shipped from Connecticut and title and risk of loss shall pass to you upon delivery of Products to a common carrier. We provide estimated arrival times for each Product, but are not liable for any delays that may occur.
All Products are supplied by our third party suppliers. Peach and Lily attempts to be as accurate as possible with Products descriptions and prices. However, Peach and Lily does not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from Peach and Lily’s suppliers, Peach and Lily shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Peach and Lily shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, Peach and Lily shall immediately issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy.
You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Service, you will need to register as a user (a “Registered User”) by creating an account. During the registration process, you will have to provide your name and email address, and create a password for your user account. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. If you choose to purchase Products through the Service, you will be required to provide your billing address, shipping address and credit card information.
Use of Personal Data
The Site and the Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Peach and Lily (collectively referred to as the “Content”). The Content is owned by us or by our third party licensors, and is protected under both
Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not:
- Use the Content except as permitted under this Agreement;
- Use our trademarks except with our permission for each use;
- Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
- Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose;
- Use or post the Content on any other website or in a networked computer environment
Our community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Service, you hereby agree that:
- You will not use the Service for any unlawful purpose;
- You will not spam or use the Service to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site or the Service, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability
ALL PRODUCTS ARE SUPPLIED BY OUR THIRD PARTY SUPPLIERS. NONE OF PEACH AND LILY, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PEACH AND LILY PARTIES”) ENDORSE OR RECOMMEND ANY PRODUCTS SOLD THROUGH THE SITE. NONE OF THE PEACH AND LILY PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY PRODUCTS YOU PURCHASE OR ANY TRANSACTION YOU ENTER INTO THROUGH THE SITE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. ANY AND ALL CLAIMS WITH RESPECT TO THE PRODUCTS MUST BE BROUGHT AGAINST THE APPLICABLE SUPPLIERS AND NOT AGAINST PEACH AND LILY PARTIES.
The Site and the Service are provided for informational purposes only, and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your or your family member(s)’ physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you or your family member(s) may have a medical emergency, call your doctor or 911 immediately. none of peach and lily parties recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Site and the products available through the site is solely at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF PEACH AND LILY PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE PRODUCTS PURCHASED THROUGH THE SITE. NONE OF PEACH AND LILY PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS PURCHASED THROUGH THE SITE IS ASSUMED SOLELY BY YOU. NONE OF PEACH AND LILY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT, SERVICE, OR PRODUCTS PURCHASE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICE IS TO STOP USING THE SITE AND/OR THE SERVICE.
UNDER NO CIRCUMSTANCES WILL ANY OF THE PEACH AND LILY PARTIES BE LIABLE TO YOU , YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OF THE CONTENT, THE PRODUCT PURCHASED THROUGH THE SITE, OR ANY OTHER INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF PEACH AND LILY PARTIES BE LIABLE TO YOU, YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICE, OR THE PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS PEACH AND LILY PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Advertisements on this Site
We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
You agree to defend, indemnify, and hold the Peach and Lily Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Service; (iii) any transaction entered into by you through the Service; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
Compliance with Applicable Laws
The Site and the Service is based in the United States, and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Service, or the Content may be downloaded, viewed, or be appropriate for use outside of the
We may terminate this Agreement and your access to all or any part of the Service at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
If you believe this Site contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by email, please write to email@example.com, with COPYRIGHT NOTICE in the subject line.
Mobile Message Service Terms and Conditions
The Peach & Lily mobile message service (the "Service") is operated by Peach and Lily, Inc. (“Peach and Lily, Inc. ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Peach & Lily via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to +1 (914) 483-3748 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Peach & Lily mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (914) 483-3748 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Peach Perks Loyalty Program
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of
Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address email@example.com. We try to respond in a timely manner but are not always able to do so.