Terms & Conditions

TERMS & CONDITIONS

These Terms and Conditions (“Terms”) governed by Mums & Garters by Lillian O’Reilly (“we,” “us” or “Company”) and the web site, mumsbylillian.com, (the “Site”) on any device.

The Site is provided as a service to our customers. These Terms govern your use of the Site. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms. These Terms and Conditions and use of the Site are governed by the laws of the Brazos County, Texas, United States, without regard to any conflict of law provisions.

Ordering

Please make sure to check our availability calendar before ordering to avoid cancellation of your order.

All orders placed within 7 days of your homecoming date will incur a rush order fee (25% of the price of your pre-taxed product). Rush fees depend on the level of package ordered for your mum or garter. If your order falls within this timeframe, please contact Lillian O’Reilly at mumsbylillian@gmail.com before placing your order to obtain permission to submit the order, failure to obtain permission my result in the cancellation of the order. I maintain the right to reject an order submitted within the rush fee window.

Proofread all text and name spellings at the time of placing your order. If after you have placed your order you discover an issue or need to make a name change, email Lillian, mumsbylillian@gmail.com, prior to 7 days before your Homecoming date.

Payment

I accept Zelle, Venmo, Check, and Card. Full payment, including taxes, must be submitted at the time of order. Do not round the cost of your order. If payment is not submitted in full within 24 hours of placing your order, your order is subject to cancellation.

Pickup

All orders will be ready for pickup from my home on the TUESDAY of your Homecoming week from 5PM-8PM. The pickup address will be on your invoice. If you need to change the pick up time, contact Lillian at mumsbylillian@gmail.com to arrange an alternate pick up time.

Mums & Garters by Lillian O’Reilly does not ship or deliver products.

Refunds & Cancellations

All products are custom made for the individual, therefore, no cancellation or refund is available after 24 hours. If you have questions concerning this policy please contact Lillian, mumsbylillian@gmail.com.

Minor changes to your order, such as adding a dates name, may be available up to 7 days before your homecoming date in writing by sending an email to mumsbylillian@gmail.com. Product package changes are not available after 24 hours of the order.

Warranty

Damage to any item after pickup is not subject to repair or replacement, including torn cutouts, bling falling off, or peeling. Repairs may be included at the discretion of Mums & Garters by Lillian O’Reilly. We ask that you inspect your mum and/or garter before leaving to confirm name spellings and other accuracy. Mums & Garters by Lillian O’Reilly’s goal is complete satisfaction with service & products, so please contact us if you have any questions or concerns.

A quick word structure: Staples, hot glue, & pipe cleaners hold mums & garters together. I aim to build a resilient product to the best of my ability using staples and hot glue; neither of which is “teen proof.” It is worth pointing out that hot glue's strength and weakness is HEAT. I cannot warranty items glued on, such as bling & cutouts. If you leave the garter/mum in a car or in direct sunlight, especially in summer/fake fall, the hot glue will become tender and compromise adherence.

Age Restrictions

By accepting these terms and conditions, you certify that you are 18 yearsold or older. If you are under the age of 18, but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions. The parent of legal guardian is responsible for all purchases made on this site by their minor.

On-site Information Accuracy

We do our best to ensure that information on the Site is complete, accurate, and current for each Homecoming season. However, information on the Site may occasionally be inaccurate, incomplete, or out of date.

All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice.

We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Terms Modification

The Company may modify this Terms and Conditions at any time by publishing a revised version on the Site. We reserve the right to update or modify these Terms at any time without prior notice. We encourage you to review the Terms whenever you use or access the Site. By continuing to use the Site after the effective date of any modifications to Terms and Conditions, you agree to be bound by the modified terms. Mums & Garters by Lillian O’Reilly may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Content Permission & Restrictions

Unless otherwise noted, the design of the Site, including information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features that are part of the Site (collectively, “Content”) are copyrights, trademarks, or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title, or interest in any Content is granted or transferred to you due to your use of the Site. Certain parts of the Site that allow you to share Content on social media platforms grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.

Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, sell, or participate in any sale of any of the Content by mumsbylillian.com and Mums & Garters by Lillian O’Reilly. Your misuse of the Content may subject you to liability under federal, state, or international laws.

Email Communication

By purchasing on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us.

Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with Mums & Garters by Lillian O’Reilly. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

Order Confirmation

When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order. We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).

We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We also may require verification of information prior to the acceptance and/or shipment of any order.

Compliance and Availability

The products sold through the Site are intended to comply with U.S laws and regulations. Product availability on our Site is not guaranteed as it may be low in stock. If a product is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped.

Links to Third Party Site

The Site may include links to other websites maintained by third parties.

These links are provided to you solely as a convenience. Your access to these third party websites is at your own risk, and we will have no liability arising out of or related to such websites or your access to or use of such websites.

Prohibited Uses of Site

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products, or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Indemnification

You agree to indemnify and hold us harmless from and against any and all claims, damages, costs, and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.

Disputes

Considering the high cost of legal dispute, not only in dollars but also in time and energy, both you and Mums & Garters by Lillian O’Reilly agree to the following dispute resolution procedure:

In the event of any controversy, claim, action, or dispute, the party asserting the dispute shall first try to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 business days from the date of mailing to respond to the dispute.

Notice shall be sent to: Mums & Garters by Lillian O’Reilly & the address included on your invoice.

Unless you indicate otherwise in your notice, Mums & Garters by Lillian O’Reilly shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.

If parties are unable to resolve the dispute, it should be processed in accordance to the uurisdiction of Brazos Country, Texas.

Privacy

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.

Customer Service

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service at mumsbylillian@gmail.com.

PRIVACY POLICY

This Privacy Policy explains how Mums & Garters by Lillian O’Reilly collects, shares, and uses any information that relates to you when you use our Site, engage with us on social media, or otherwise interact with us (your “Personal Data”). This Privacy Policy also explains the rights you have concerning the Personal Data that we process and how you can exercise these rights.

Principles

Mums & Garters by Lillian O’Reilly manifests its commitment to privacy and data protection by embracing the following principles.

• Mums & Garters by Lillian O’Reilly uses Personal Data lawfully, fairly, and in a transparent manner.
• Mums & Garters by Lillian O’Reilly collects no more Personal Data than necessary, and only for a legitimate purpose.
• Mums & Garters by Lillian O’Reilly retains no more data than necessary or for a longer period than needed.
• Mums & Garters by Lillian O’Reilly protects Personal Data with appropriate security measures.

Data We Collect

This policy applies only to information collected on the Site. We collect two

types of information from visitors to our websites:

1. Personal Data.

2. Non-personal Data.

“Personal Data” is information that identifies you personally and that you

provide to us, such as your name, address, telephone number, email address, and sometimes your Internet Protocol (IP) address. We may collect this information when you create a profile on our Site, visit our Site, or complete a purchase.

“Non-personal Data” can be technical in nature. It does not identify you

personally. Examples of non-Personal Data may include (but are not limited

to) cookies, web beacons, and demographic information.

Usage Data

To improve your experience with our Site we may also collect information on how you navigate the Site, information about your connection, and the

technical means you use to access our Site. This data may include

information such as your computer's Internet Protocol address (e.g. IP

address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us

permission to do so. We use this data to improve and customize your

shopping experience. You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Site and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from our Site and stored on your device.

Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Site. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Data Use

Mums & Garters by Lillian O’Reilly uses the collected data for various purposes:

• To provide and maintain our service
• To notify you about changes in policies and order details
• To provide customer support
• To gather analysis or valuable information so that we can improve our Site
• and services
• To monitor the propriety of Site usage
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about

other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.

Data Storage, Transfer, and Retention

The Personal Data that we collected from you is generally stored within a

country of the European Union or the European Economic Area (“EU/EEA”), or the United States of America (“USA”), but may also, whenever necessary, be transferred to and processed in a country outside of the EU/EEA or USA.

Any such transfer of your Personal Data will be carried out in compliance

with applicable laws and without undermining your statutory rights.

Your information, including Personal Data, may be transferred to - and

maintained on - computers located outside of your state, province, country,

or other governmental jurisdiction where the data protection laws may differ

from those of your jurisdiction.

If you are located outside and choose to provide information to us, please

note that we transfer the data, including Personal Data, to and process it

there.

Your consent to this Privacy Policy followed by your submission of such

information represents your agreement to that transfer. Mums & Garters by Lillian O’Reilly will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of our data and other personal information.

We will hold on to your information for as long as you continue to be a

Mums & Garters by Lillian O’Reilly customer and for as long as we are required to keep it to ensure we meet our legal requirements across the globe.

Data Access

Your Personal Data is available and accessible only by those who need the

data to accomplish the intended processing purpose. To the extent

necessary, your Personal Data may be shared with suppliers and

subcontractors (processors and sub-processors) carrying out certain tasks

on Mums & Garters by Lillian O’Reilly behalf and with independent third-parties, including, but not limited to, using personal information you share with us or that we indirectly collect to verify your identity and for fraud prevention purposes.

Data Security

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100%

secure. While we strive to use commercially acceptable means to protect

your Personal Data, we cannot guarantee its absolute security.

Data Disclosure

Under certain circumstances, Mums & Garters by Lillian O’Reilly may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Mums & Garters by Lillian O’Reilly may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of Mums & Garters by Lillian O’Reilly To prevent or investigate possible wrongdoing in connection with the Site
• To protect the personal safety of users of the Site or the public
• To protect against legal liability

Your Data Protection Rights

Right to access

You have the right to request information about the Personal Data we hold

on you at any time. You can contact Mums & Garters by Lillian O’Reilly and we will provide you with your Personal Data via e-mail.

Right to portability

Whenever Mums & Garters by Lillian O’Reilly processes your Personal Data, you have the right to get a copy of your data transferred to you or to another party. This only includes the Personal Data you have submitted to us.

Right to rectification

You have the right to request rectification of your Personal Data if the

information is incorrect, including the right to have incomplete Personal Data completed.

Right to erasure

You have the right to erase any Personal Data processed by Mums & Garters by Lillian O’Reilly at any time except for the following situations:

• you have an ongoing matter with Customer Service
• you have an open order which has not yet been completed
• you have an unsettled debt with Mums & Garters by Lillian O’Reilly, regardless of the payment method
• if you are suspected or have misused our services within the last four years

We will keep your Personal Data in connection to your transaction for book-keeping purposes Your right to object to processing based on legitimate interest You have the right to object to the processing of your Personal Data that is based on Mums & Garters by Lillian O’Reilly’s legitimate interest. Mums & Garters by Lillian O’Reilly will not continue to process the Personal Data unless we can demonstrate legitimate grounds for the process which overrides your interest and rights or due to legal claims.

Right to restriction

You have the right to request that Mums & Garters by Lillian O’Reilly restricts the process of your Personal Data under the following circumstances:

• if you object to processing Mums & Garters by Lillian O’Reilly’s legitimate interest,
• Mums & Garters by Lillian O’Reilly shall restrict all processing of such data pending the verification of the legitimate interest.
• if you have claimed that your Personal Data is incorrect, Mums & Garters by Lillian O’Reilly must restrict all processing of such data pending the verification of the accuracy of the Personal Data.
• if the processing is unlawful you can oppose the erasure of Personal Data and instead request the restriction of the use of your Personal Data instead.
• if Mums & Garters by Lillian O’Reilly no longer needs the Personal Data but it is required by you to defend legal claims.

Exercise Your Rights (Contact Us)

We take data protection very seriously and therefore we have dedicated

Customer Service personnel to handle your requests in relation to your rights stated above. You can always reach them at mumsbylillian@gmail.com.