1.1

“Provider” within the meaning of the following terms and conditions isLILLYDOO GmbHHanauer Landstraße 147-14960314 Frankfurt am MainPhone: +49 (0) 69 - 643 57 420E-Mail: service@lillydoo.deEingetragen at the register court at the AG Frankfurt/Main: HRB 101542USt.-ID-No.: DE299444504- hereinafter referred to as ‘Provider’ or ‘LILLYDOO GmbH’.

1.2

This contract regulates the sale of new goods from the supplier using distance selling communication media. For details of the respective offer, please refer to the product description on the offer page.

1.3

The offer is aimed exclusively at “consumers” within the meaning of §13 BGB, i.e. natural persons who enter into business relations with LILLYDOO GmbH without this being attributable to their commercial or independent professional activity.

2.1

A customer account is required to order via the online store or the app. For this purpose, the user must first register free of charge with a valid e-mail address belonging to the user and a password chosen by the user. As part of the registration process, LILLYDOO GmbH will send a confirmation email and set up a customer account; if orders cannot be placed via the app, the user will be referred to the German websites of LILLYDOO GmbH, where they can use the respective online store for their orders.

2.2

The customer then has the option of managing and updating their customer data, such as delivery address and, if applicable, their orders/subscriptions, in their customer account, and the user is obliged to keep their customer and payment data up to date at all times.

2.3

The ordering process comprises the following steps:

First, the customer makes a non-binding selection and places the item in the shopping cart in the desired specification (size, color, quantity). Once the customer has completed the selection and wishes to order the items from the shopping cart, he or she clicks on the “Checkout” button (or similarly labeled).The customer is then asked to enter the delivery address or confirm the data from the customer account and select the payment method.Finally, the customer is given an overview of the key features on the checkout page. Here the selection can be checked again and the order confirmed by pressing the button “order with costs” (or a comparable clear marking).

This offers LILLYDOO GmbH the conclusion of a purchase contract. confirmation e-mail from LILLYDOO GmbH that the order has been received. The customer can correct errors in the input during the order process. To do this, simply follow the “back” button (or a comparable clear marking).

The offers displayed initially represent a non-binding invitation by LILLYDOO GmbH to the customer to submit an offer. By confirming their order by clicking the “Buy now” button (or a comparable unambiguous marking), the customer submits such an offer.
A legally binding contract is only concluded when LILLYDOO GmbH either sends an order confirmation or the goods are received by the customer within 2 weeks of the order.
The acceptance of the offer is at the sole discretion of the provider.
The provider keeps these terms and conditions and the other contractual provisions with the data of the respective order available for retrieval during the ordering process. The customer can easily archive this information there by downloading the terms and conditions and saving the data summarized in the order process in the online store using the functions of his browser. Otherwise, he can wait for the automatic order confirmation, which is sent to the e-mail address provided by him after the order has been completed. This order confirmation e-mail contains the order data again and can be easily printed or saved using the e-mail program.
The contract text is stored by the provider, but for security reasons it cannot be accessed directly by the customer. LILLYDOO GmbH offers a password-protected login area for each customer. Here, after registering, the customer can manage their data and view order details. The terms and conditions in the version valid for new contracts can be found on our website.

If the subject of the contract is recurring/long-term services (subscription), the contract is concluded for an indefinite period. Each contracting party has the right to terminate such a contract with a notice period of 6 working days (Monday to Friday) to the next delivery date without giving reasons. The right to extraordinary termination for good cause, in particular repeated breach of the main contractual obligations, remains unaffected.

The contract can be terminated in the customer account using the termination function or in writing (by post or email).

The delivered goods remain the property of LILLYDOO GmbH until full payment has been received.

6.1

All prices are final prices and include the statutory sales tax.
Our subscription offer and the prices for it may occasionally change due to rising costs to cover LILLYDOO GmbH's operating expenses. For example, a price change may be required due to increased purchase prices. To determine the price, both an increase and a decrease in costs are taken into account in advance by means of internal billing. However, any changes of this kind to the customer will only take effect at the next billing period after the notification of the change(s) to the customer and will be announced in writing in good time beforehand. The same applies to a price reduction that benefits the customer.

6.2

The customer can view the shipping costs for delivery within Germany during the ordering process.
LILLYDOO GmbH covers the shipping costs for the LILLYDOO brand within Germany for orders over €27.00.
LILLYDOO GmbH covers the shipping costs for the Vivoy brand within Germany for orders over €25.00.
In the case of partial deliveries, any flat rate is only charged once.

6.3

If a right of withdrawal exists and is exercised, the customer bears the costs of the return shipment in accordance with § 357 para. 6 sentence 1 BGB. However, LILLYDOO GmbH will bear these costs of return if the revoking customer uses the return label provided by LILLYDOO GmbH and thus commissions the parcel service provider named on it. LILLYDOO GmbH provides such a return label for each order and can be requested from customer service at service@lillydoo.de.

7. Payments

Payment processing for purchase on account and SEPA direct debit is carried out via the payment service provider PAYONE (www.bspayone.com, BSPAYONE GmbH, Fraunhoferstr. 2–4, 24118
Kiel, Germany).

Payment processing for credit card payments is carried out via the payment service provider Stripe (Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210,
Ireland).

Payment processing for PayPal payments is carried out directly through PayPal (PayPal (Europe) S.à.r.l. & Cie, S.C.A., 5th Floor,
22–24 Boulevard Royal, L-2449 Luxembourg).

When using an escrow or payment service provider, it enables LILLYDOO GmbH and the customer to process payments between them. The payment service provider forwards the customer’s payment to LILLYDOO GmbH. Further details can be found on the respective service provider’s website.

Customers have the following payment options:

PayPal

Credit card

Purchase on account

SEPA direct debit

LILLYDOO GmbH reserves the right to offer additional payment methods or restrict the available options in individual cases. Some payment methods may only be available depending on the order value, the customer’s credit rating, or order history.

 7.1 Payment via PayPal

LILLYDOO GmbH accepts payments credited to its PayPal account. This is done in full settlement (§ 364 II BGB).

The provider is PayPal (Europe) S.à.r.l. & Cie, S.C.A., 5th Floor, 22–24 Boulevard Royal, L-2449 Luxembourg. The contractual
relationship between PayPal and its customers is governed exclusively by
PayPal’s terms of use.

For payments made via PayPal, the charge is made immediately upon completion of the order (“Capture First”), and therefore before processing and dispatch of the goods.

7.2 Payment by Credit Card (via Shopify Payments)

LILLYDOO GmbH accepts credit card payments (e.g., Visa, MasterCard, American Express) through Shopify Payments.

The provider is Shopify International Ltd., 2nd Floor, Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland.

Technical payment processing is handled by Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.

For payments made by credit card via Shopify Payments, the charge is made immediately upon completion of the order (“Capture First”), and therefore before processing and dispatch of the goods.

7.3 Payment by Invoice (Purchase on Account)

In the case of purchase on account, the claim is assigned to Bank Frick & Co. AG (hereinafter “Bank”).

Purchase on account is only available to customers aged 18 and over. Customers of LILLYDOO GmbH may use this payment method to purchase goods from one of LILLYDOO GmbH’s German online shops and are only required to pay the invoice after receiving both the goods and the invoice.

The purchase contract for the goods is concluded exclusively between the customer and LILLYDOO GmbH. The handling of the purchase contract is also governed by the agreements made between the customer and LILLYDOO GmbH. LILLYDOO GmbH remains responsible for general customer inquiries (e.g., about goods, delivery time, shipping), returns, complaints, warranty claims, any contract withdrawals, and credit notes.

To process a purchase on account, LILLYDOO GmbH assigns its claim for payment of the purchase price to the Bank. The customer is hereby informed of this assignment of claims. All payments must be made exclusively to the Bank to the account provided for this purpose in order to discharge the debt. Ownership of the goods remains with the Bank until payment has been made in full.

Purchase on account is subject to a successful credit check by the Bank. The technical and credit check services for LILLYDOO GmbH are provided by payolution GmbH (www.payolution.com).

If purchase on account is agreed, LILLYDOO GmbH will send the customer an invoice that is due for payment within 14 days from the invoice date, but not before receipt of the invoice and without deduction.

If payment is not made by the due date, the customer will be in default without a separate reminder. In this case, LILLYDOO GmbH is entitled to charge statutory default interest.

Processing is carried out via the payment service provider PAYONE (BSPAYONE GmbH, Fraunhoferstr. 2–4, 24118 Kiel, Germany).

For payments by invoice, the amount becomes due immediately upon completion of the order (“Capture First”), and is therefore invoiced before processing and dispatch of the goods.

The full terms and conditions for purchase on account can be viewed separately.

7.4 SEPA Direct Debit

If payment by SEPA direct debit is agreed:

By accepting these Terms and Conditions, the customer authorizes LILLYDOO GmbH and its payment service provider, after a successful credit check, to collect payments from their account by direct debit. At the
same time, the customer instructs their bank to honor the direct debits drawn by the payment recipient.

The account will be debited once the goods are ready for dispatch and handed over to the shipping service provider.

The customer confirms that they are authorized to issue a SEPA direct debit mandate for the account specified during the order process and must ensure sufficient funds are available. The customer shall bear the costs of any chargebacks they are responsible for.

In the event of withdrawal, cancellation, return, or complaint, the customer agrees not to dispute the SEPA direct debit, to avoid
unnecessary effort and costs. The amount to be refunded will be re-credited to the account originally debited, or a credit note will be issued if agreed otherwise.

LILLYDOO GmbH assigns its claim against the customer to Bank Frick & Co. AG, Landstrasse 14, 9496 Balzers, Liechtenstein.

By placing the order and accepting these terms, the customer issues the following SEPA direct debit mandate to:

Account holder (debited account): as specified by the customer in the order process

Creditor name: Bank Frick & Co. AG

Creditor ID: DE87ZZZ00000019937

Mandate reference: provided upon request

SEPA Direct Debit Mandate

“I authorize Bank Frick & Co. AG to collect payments from my account by direct debit. At the same time, I instruct my bank to honor
the direct debits drawn by Bank Frick & Co. AG.”

Note: I may request reimbursement of the debited amount within eight weeks, starting from the debit date. The conditions agreed
with my bank apply.

Payment processing is also carried out via the payment service provider PAYONE (BSPAYONE GmbH, Fraunhoferstr. 2–4, 24118 Kiel, Germany).

For SEPA direct debit payments, the debit takes place immediately upon completion of the order (“Capture First”), and therefore before processing and dispatch of the goods.

 

7.5 Warning: Consequences of Non-Payment

In the event of late payment for purchase on account, SEPA direct debit, or PayPal, default interest at the agreed rate and costs for
appropriate reminders will be charged.

If internal collection efforts fail, the Bank may transfer the outstanding claim to a collection agency. In this case, the customer may
incur additional costs for legal enforcement by the collection agency or legal
representation.

7.6 Recurring or Ongoing Services (Subscription)

If the contract involves recurring or ongoing services (subscription), LILLYDOO GmbH and/or its payment service provider stores the customer’s payment data required for recurring charges (e.g., credit card
number).

These data are used exclusively to charge the chosen payment method with the recurring purchase price, which depends on the products selected in the subscription.

The customer agrees to such data storage and recurring payment processing.

Delivery within Germany takes place in 1-3 business days.

The period for delivery begins with payment in advance on the day after the payment order is issued to the transferring bank or for other payment methods on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of delivery, the next business day shall take the place of such a day.
If the product description indicates a different delivery period, or if the customer selects a delivery time, the information in the product description or the customer's selection shall apply to the delivery period.

LILLYDOO will inform the customer immediately if delivery delays occur.

If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was carried out in good time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and any services received, in particular payments, will be refunded immediately.

The customer has a statutory right to claim for defects in the services offered.

10.1

LILLYDOO GmbH reserves the right to offer one or more “Invite a Friend” or other customer loyalty programs at various times and under different conditions. Customers have no entitlement to participate.

The bonus amount credited to the referrer depends on the current conditions of the “Invite a Friend” program at the time the referred customer places their order.

Participation in the “Invite a Friend” program allows registered users to refer up to five new friends. The referred person receives
a personal code via a link, which can be stored in their user account and redeemed during checkout.

If the referred person does not cancel or return their order within 30 days, the referrer will receive an email containing their own code for redemption.

This code must be manually applied to the referrer’s active subscription in their customer account. Once successfully entered, the credit will be applied to the next possible delivery.

LILLYDOO GmbH reserves the right to terminate the program at any time, even prematurely. Credits already earned remain valid.

Credits not redeemed by the subscriber will expire — subject to other program terms — at the end of the third calendar year following the year in which they were earned.

If the customer cancels their subscription, all existing credits immediately lose their validity and value. Transfer to third parties,
cash payouts, or other uses are strictly excluded.

The customer may share their personal referral code with friends or publish it on their private website, blog, Facebook, or Twitter profile.

Publication on commercial or third-party platforms, particularly coupon sites, deal blogs, or forums, is strictly prohibited.

If such sharing occurs, LILLYDOO GmbH is entitled to block these codes and invalidate any resulting credits without compensation.

10.2

LILLYDOO GmbH also reserves the right to offer one or more voucher programs at different times and under different conditions. The individual customer has no right to receive such vouchers.

The value of the vouchers depends on the current conditions of the voucher program at the time of issue.

Vouchers are subject to an expiry period, which is noted on the respective voucher. However, vouchers expire at the latest at the end of the third calendar year after the voucher is issued.

Unless otherwise specified in the voucher terms and conditions, the following conditions apply:

1. Vouchers are not transferable.
2. Vouchers are generally only valid for new customers.
3. The voucher must be redeemed at the time of the order. It is not possible to apply vouchers retrospectively.

(4) Vouchers cannot be combined with a possible credit balance.

10.3

The LILLYDOO Loyalty Club is one way in which LILLYDOO would like to reward and thank loyal customers. In accordance with the following conditions, the customer becomes a member of the Loyalty Club when a subscription to LILLYDOO products is activated.
The customer receives a credit of 5 points for every euro of turnover generated by a subscription or a single purchase on the LILLYDOO website. Sales are granted after deducting any discounts and rounded down to full euros. Shipping costs are not eligible for credit. The points are credited when the product is shipped. If the customer returns the ordered product, the points granted for the product will be deducted from the points account.
The customer can redeem collected points in the LILLYDOO rewards shop, provided they have an active subscription. When redeeming, older points are automatically used before newer points. If the customer does not have an active subscription, the points remain, but they can only be redeemed after a new subscription has been taken out.
Each point has an individual expiration date of two years from the date the point was collected by the customer. If a point is not redeemed in the LILLYDOO rewards shop within two years of being awarded, the point will expire.
There is no limit to the number of points that can be collected. However, LILLYDOO reserves the right, at its sole discretion, to set a cap on the number of points collected if deemed necessary. Furthermore, LILLYDOO may change the number of points granted per euro for future purchases. LILLYDOO will notify the customer of this by email.
LILLYDOO is entitled to change the range of products in the rewards shop and the points value of a reward at any time.
LILLYDOO reserves the right to adjust the points balance at any time if there is reason to believe that fraudulent activity has occurred. There is no membership fee to join the loyalty club. Points earned through the program have no cash value.
Your accumulated points are personal and cannot be sold, transferred, assigned, or given to family members, friends, or anyone else.

10.4

LILLYDOO GmbH reserves the right to offer test packages. The customer has no right to a free test package.
To order a test package, the customer selects the desired product from the products available as a test package in the app or in the online store and adds it to the shopping cart. The order process is as described in section 2.
The trial package automatically turns into a paid subscription. The start of the subscription is indicated to the customer when ordering the trial package. The subscription can be configured via the online store. It can be canceled before delivery of the first chargeable delivery in accordance with section 4.

As a consumer, the customer has a statutory right of withdrawal:

CANCELLATION POLICY

CANCELLATION RIGHT

The customer has the right to revoke this contract within 14 days without stating any reasons. The revocation period is 14 days with effect from the day,(1) in the case of a sales contract:...
on which the customer or a third party nominated by him, which is not the carrier, took possession of the goods.(2) in the case of a contract for several goods, which the consumer ordered within the scope of a standard order and which are delivered separately
...
on which the customer or a third party named by him, who is not the carrier, has taken possession of the last item. (3) In the case of a contract for the delivery of goods in several partial shipments or pieces
...
on which the customer or a third party named by him, who is not the carrier, has taken possession of the last partial shipment or the last item. (4) In the case of a contract for the regular delivery of goods over a specified period of time:...
on which the customer or a third party named by him, who is not the carrier, has taken possession of the first goods. (5) In the case of a purchase contract for a gift voucher
...
on which the customer or a third party named by the customer received the voucher by email. If several alternatives coincide, the last point in time is decisive. To exercise the right of withdrawal, the customer must contact LILLYDOO GmbH (LILLYDOO GmbH, Hanauer Landstraße 147-149, 60 314 Frankfurt/Main, email: service@lillydoo.de, phone: +49 (0) 69 - 643 57 420) by means of a clear declaration (e.g. a letter sent by post or email) of their decision to withdraw from this contract The attached model withdrawal form can be used for this purpose, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the notification concerning the exercise of the right of withdrawal to be sent before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWAL

If the customer withdraws from this contract, LILLYDOO GmbH shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different delivery than the low-cost standard delivery offered by LILLYDOO GmbH), without undue delay and no later than 14 days from the date on which LILLYDOO GmbH receives notification of the cancellation of this contract. For this repayment, LILLYDOO GmbH uses the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged for this repayment. LILLYDOO GmbH can refuse repayment until the goods have been returned or until the customer has provided proof that he has returned the goods, whichever is earlier. If the customer has purchased a gift voucher and wishes to revoke this purchase, he must provide compensation for the amount already redeemed up to the point at which he exercises his right of revocation The remaining amount of the gift voucher will be refunded to the customer's payment method. If the customer has not redeemed the gift voucher at all and exercises his right of withdrawal, the full value of the voucher will be refunded. The customer must return the goods immediately and in any case no later than 14 days from the day on which he notifies LILLYDOO GmbH of the withdrawal from this contract, to LILLYDOO Services Gmb
Ulmenweg 2, D - 14974 Ludwigsfelde. The deadline is met if the customer sends the goods before the expiry of the 14-day period. The customer bears the direct costs of returning the goods. The customer is 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.

END OF CANCELLATION POLICY

SAMPLE REVOCATION FORM

(If you wish to revoke the contract, please fill out this form and return it to us.)To LILLYDOO GmbH, Hanauer Landstraße 147-149, 60314 Frankfurt/Main
Email: service@lillydoo.de
Phone: +49 (0) 69 - 643 57 420I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
..............................................................................
Ordered on (*)/received on (*)
Name and address of consumer(s)
Signature of consumer(s) (only for paper-based communication)
Date

________________________
(*) Delete as applicable

According to § 312 g para. 2 BGB, the right of withdrawal expires prematurely in the case of:

No. 3) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery

We, LILLYDOO GmbH, are completely convinced of the quality of our products, which is why we voluntarily grant a right of return in addition to the statutory right of withdrawal (Section 11 of these Terms and Conditions). After the statutory right of withdrawal has expired and up to 60 days after the goods have been shipped, the customer has the following right of return

1. After the statutory right of withdrawal has expired, the customer can return goods within 60 days of dispatch and have the money refunded after the goods have been received.
2. The goods have been removed from the packaging, but are otherwise still in their original packaging and unopened.
3. The customer uses the parcel service provider named by LILLYDOO GmbH for the return shipment, exclusively using the return label provided.
   

The return label can be requested via the customer account in the “Subscription & Orders” section under “My Orders”.

The return shipment is to be sent to the following address:
LILLYDOO Services GmbH
Ulmenweg 2
D - 14974 Ludwigsfelde

4. The return shipment must be sent within 2 weeks of registration.

5. In the event of a return, LILLYDOO will refund the purchase price within 14 days.

6. The statutory right of withdrawal (Section 11 of these Terms and Conditions) is not affected by the above voluntary right of return.

7. LILLYDOO gift vouchers (Section 10.3 of these Terms and Conditions) are not subject to the 60-day right of return. Gift vouchers are exclusively subject to the statutory right of withdrawal.

In the case of a slightly negligent breach of duty, LILLYDOO GmbH's liability is limited to the foreseeable, contract-typical and direct damage according to the type of goods. In particular, LILLYDOO GmbH is not liable for lost profits or other financial losses of the customer. The limitation of liability also includes liability for unauthorized actions
The limitation of liability does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, the limitation of liability does not apply to claims for damages after grossly negligent or intentional breach of duty by LILLYDOO GmbH or its legal representative or vicarious agent.
This point 13 also applies to the legal representatives, employees and agents of LILLYDOO GmbH, if the customer asserts claims for damages against them.

14.1

The contract is drawn up in German. The further execution of the contractual relationship takes place in German.

14.2

The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this applies only insofar as no mandatory statutory provisions of the state in which the customer has his domicile or habitual residence are restricted.

14.3

The place of jurisdiction for disputes arising from or in connection with the order with buyers who are not consumers is the registered office of LILLYDOO GmbH.
This also applies to consumers who have their domicile or habitual residence in the Federal Republic of Germany at the time of the conclusion of the contract if the buyer moves his domicile or habitual residence to another country after the conclusion of the contract or if the domicile or habitual residence of the buyer is not known in the event of legal action.

15.1

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address is: service@lillydoo.de. We are neither obliged nor willing to participate in the dispute resolution procedure.

15.2

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

LILLYDOO GmbH is entitled to make changes to these terms and conditions or other conditions. The terms and conditions that are in force at the time of the order apply. Changes to the subscription initiated by the customer (e.g. sizes, designs or delivery intervals) are considered individual orders.

The invalidity of any provision of these terms and conditions shall not affect the validity of the remaining provisions.

All the provisions of the German Civil Code (BGB) or other laws mentioned in these terms and conditions can be found here.