TERMS OF SERVICE
These Terms and Conditions, our Privacy Policy, and any other terms posted on the website (collectively, the 'Terms') govern your use of the website located at https://hollyandivy.com.au and your purchase of goods available through any Holly and Ivy sales channel, including online and at pop-up events. The Terms form a binding contractual agreement between you and Moss and Jasper Enterprises PTY LTD (ABN 99 634 683 891) trading as Holly and Ivy ('We', 'Us', 'Our').
Please read these Terms carefully and contact us at online@hollyandivy.com.au with any questions before you use the Site or purchase goods through any of our channels.
By registering for, accessing, browsing, and/or otherwise using the Site and purchasing goods available through the Site or at a pop-up event, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Use of the Site
1.1 Eligibility
a) To use the Site and make an order you must be eighteen (18) years of age or older.
1.2 Accessing the Site from Overseas
The Site may be accessed from outside Australia. We do not guarantee compliance with the laws of any other country and if you access the Site from outside Australia, you do so at your own risk.
2. Licence to Use Site
We grant you a non-exclusive, non-transferable licence to use the Site for your personal non-commercial use only, in accordance with these Terms.
3. Prohibited Use
3.1 You must not add any content to the Site:
a) unless in accordance with these Terms;
b) unless you hold all necessary rights, licences, and consents to do so;
c) that would cause you or Us to breach any law, regulation, rule, code, or other legal obligation;
d) that is or that We in Our reasonable opinion consider to be inappropriate, defamatory, offensive, abusive, indecent, illegal, and/or disparaging;
e) that would bring Us or the Site into disrepute; or
f) that infringes the intellectual property or other rights of any third party.
3.2 You must not modify or copy the layout of the Site or any computer software and code contained in the Site.
4. Intellectual Property Rights
4.1 Unless expressly provided in these Terms, We reserve all intellectual property rights in the Site and nothing in these Terms constitutes a transfer of any intellectual property rights.
4.2 All trademarks, trade names, logos, imagery, photography, graphics, and videography used on the Site are owned by Us. You may not use, reproduce, copy, republish, upload, transmit, post, or modify Our intellectual property in any way without Our prior written consent.
4.3 By posting or adding any content to the Site (including comments, feedback, ideas, or suggestions), you grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable right and licence to use that content in any way, including reproducing, changing, and communicating it to the public, and you permit Us to authorise any other person to do the same.
4.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If you add content in which any third party has moral rights, you must ensure that third party consents in the same manner.
4.5 The licence in clause 4.3 will survive any termination of these Terms.
5. Links to Other Websites
The Site may contain links to third-party websites that are not under Our control. We do not endorse or take responsibility for the content of those sites.
6. Privacy
Personal information collected through the Site will be handled in accordance with Our Privacy Policy, available at https://hollyandivy.com.au.
7. Security of Information
7.1 We will take all reasonable steps to implement, maintain, and enforce security procedures and safeguards to protect the security, confidentiality, and integrity of your personal information from unauthorised access, misuse, damage, or destruction.
7.2 Notwithstanding clause 7.1, We do not warrant and cannot ensure the security of any information you provide to Us. Accordingly, any information you provide is provided at your own risk.
8. Purchase Terms
8.1 Making an Order
a) To purchase goods on the Site, you must place an order.
b) Once you place an order, We will send you an acknowledgement confirming receipt. This acknowledgement does not constitute Our acceptance of your order.
c) We reserve the right to ask you to provide additional details or verify your identity before We process your order.
d) A legally binding contract for the purchase of goods will only arise once We send you confirmation that We have accepted your order.
e) We are not obliged to accept any order. If We reject your order, We will refund any monies paid.
f) Once you receive Our order confirmation, you may not make any changes to or cancel your order. Please ensure your order is accurate before submitting it.
g) Individual orders cannot be consolidated. Delivery and handling fees apply to each individual order.
8.2 Registering an Account
a) You may place an order as a guest or by registering an account. In either case, you will be required to provide personally identifiable information. You must ensure this information is true, accurate, complete, and up to date. We are not liable for any communication that fails to reach you due to incorrect details in your account.
b) If you register an account, you are solely responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You agree not to disclose your password to any third party and to take all reasonable steps to prevent unauthorised access to your account.
8.3 Availability of Goods
a) All orders are subject to stock availability at the time of fulfilment. Listing a product on the Site does not guarantee its availability.
b) If we are unable to fulfil your order or any part of it, we will notify you as soon as practicable and refund you the price paid for the unavailable goods using the original payment method.
8.4 Ornament Packages
a) Ornament Packages are custom items and may vary slightly from images presented online. Please read item description carefully for itemised details
8.5 Product Recalls
a) In the event of a product recall, you must provide Us and, where applicable, any relevant third party, with such assistance as is reasonably required.
8.6 Price and Payment
a) Prices displayed on the Site are in Australian Dollars and, where GST applies, are inclusive of GST.
b) We reserve the right to change or alter prices without notice. If you have already submitted an order at a particular price, We will supply your goods at that price.
c) Payment for goods and any applicable delivery and handling fees is required in full at the time of placing your order.
d) We do not collect or store your debit or credit card information. All transactions on the Site occur through a third-party payment gateway (the 'Processor'). You authorise the Processor to procure payment from your nominated payment method.
e) While We take all reasonable steps to protect your payment information, We cannot guarantee the security of information transmitted over the internet and, subject to any gross negligence on Our part, We will not be liable for any loss arising from unauthorised access to your payment information.
f) Once We receive your order, We will perform a standard pre-authorisation check on your payment method, and you authorise Us to do so.
g) Your order will not be dispatched until payment has cleared. If payment does not clear, We will cancel your order and notify you accordingly.
h) Accepted payment methods are specified on the Site at the time you place your order.
8.7 Errors and Inaccuracies
a) From time to time, the Site may contain incorrect or inaccurate information relating to the price, description, or availability of goods.
b) We reserve the right to update or correct any incorrect or inaccurate information at any time without notice, and to reject any order placed in reliance on such information.
c) Where your order has been confirmed and We subsequently become aware of a pricing error, We will notify you as soon as possible and give you the option to purchase the affected goods at the correct price or cancel your order for a full refund. If We do not hear from you within two (2) calendar days, We will cancel your order and issue a full refund.
8.8 Discount Codes
a) We may offer promotional discount codes applicable to all or part of the Site.
b) Any promotional discount code offer will be subject to specific conditions made available at the time of the offer.
c) Discount codes may not be used to purchase gift cards online or in store.
d) Shipping discount codes apply for the promotional period only, do not apply to oversized items, and apply to Australian customers only.
e) All prices and discounts are inclusive of GST where applicable. Discount codes are applied to the GST-inclusive price of eligible goods.
8.9 Risk of Loss
a) Risk of loss or damage to goods passes to you upon delivery to the address provided at checkout. Once your order has been delivered, Holly and Ivy is not responsible for loss, theft, or damage occurring after delivery.
8.10 Returns, Refunds, and Consumer Guarantees
a) Goods may only be returned in accordance with Our Returns and Refunds Policy, which is available at https://hollyandivy.com.au and forms part of these Terms.
b) We do not offer refunds for change of mind. On full-price items only, We may at Our discretion and on a case-by-case basis issue a store credit, subject to the conditions set out in Our Returns and Refunds Policy. Store credits are not redeemable for cash. Requests must be made within 5 days of receiving the goods.
c) Please do not return any items without first contacting Our customer service team at online@hollyandivy.com.au or (03) 9917 3171.
d) We will process any store credits or refunds within a reasonable time.
e) Refunds for faulty, damaged, or incorrectly described goods will be issued using the original payment method where possible.
f) Our goods come with consumer guarantees under the Australian Consumer Law that cannot be excluded. Nothing in this clause or Our Returns and Refunds Policy excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law.
9. Force Majeure
9.1 We will not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, supply chain disruptions, industrial action, acts of government, or third-party carrier delays.
9.2 Where a force majeure event affects the fulfilment of your order, We will notify you as soon as practicable and offer you the choice of waiting for fulfilment or cancelling your order for a full refund.
10. Disclaimer and Website Use
10.1 The Site and all information, content, and materials included on it are provided on an 'as is' and 'as available' basis, without guarantees, warranties, or representations of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Site will be available at all times or free from errors, interruptions, or technical issues. We reserve the right to suspend, withdraw, or restrict access to the Site at any time without notice.
10.2 You are solely responsible for determining the appropriateness of the Site for your intended use. Content on the Site, including product descriptions, pricing, and availability, is provided in good faith but may contain errors or inaccuracies. We reserve the right to correct any errors at any time without notice.
10.3 While We take reasonable care to ensure that images of goods on the Site accurately represent the goods, colours, textures, and finishes may vary slightly from those shown due to screen settings, photography lighting, and manufacturing variation. To the extent that applicable law does not permit the disclaimer of warranties, the Site is warranted only to the minimum extent legally required.
10.4 Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be so excluded, restricted, or modified.
11. Limitation of Liability
11.1 To the fullest extent permitted by law, our total liability to you for any loss or damage arising directly or indirectly in connection with the Site, your order, or these Terms is limited to the amount paid by you for the relevant goods.
11.2 To the fullest extent permitted by law, we exclude liability for:
a) indirect, special, or consequential loss or damage;
b) loss of data, revenue, profits, or anticipated savings;
c) loss or damage arising from circumstances outside our reasonable control; and
d) loss or damage arising from your reliance on content displayed on the Site.
11.3 The limitations in this clause do not apply to our liability for:
a) fraud or other unlawful acts;
b) gross negligence; or
c) any liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
11.4 Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
12. Indemnity
12.1 You agree to indemnify and hold harmless Holly and Ivy against losses, damages, liabilities, claims, and reasonable legal costs arising directly from: (a) your breach of these Terms; or (b) your breach of any third party's rights in connection with your use of the Site. This indemnity does not apply to any loss or damage caused by Holly and Ivy's own negligence, fraud, wilful misconduct, or breach of the Australian Consumer Law.
13. Termination
13.1 We reserve the right to terminate your access to all or any part of the Site or your ability to purchase goods at any time without notice.
13.2 Termination does not affect any accrued rights or liabilities of either party.
13.3 All terms that by their nature are intended to survive termination will continue to apply following termination of your access.
14. Dispute Resolution
14.1 If you have a complaint or dispute, please contact Us in the first instance at online@hollyandivy.com.au. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days.
14.2 If We are unable to resolve your complaint to your satisfaction, you may seek assistance from Consumer Affairs Victoria at www.consumer.vic.gov.au or contact the relevant fair trading authority in your state or territory.
14.3 Nothing in this clause prevents you from exercising any right or remedy you may have under the Australian Consumer Law.
15. General
15.1 Variation
a) We may amend these Terms at any time. Any amendments will become effective upon posting to the Site. We will take reasonable steps to notify you of material changes, which may include a notice on the Site or an email to registered customers. Your continued use of the Site following the posting of any changes constitutes your acceptance of the revised Terms.
15.2 Severability
a) If any part of these Terms is or becomes invalid, that part will be severed from the Terms without affecting the validity of the remaining provisions.
15.3 Jurisdiction
a) These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
b) You agree that any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia, and the Federal Court of Australia.
15.4 Entire Agreement
a) These Terms, together with Our Privacy Policy and Returns and Refunds Policy, constitute the entire agreement between you and Us in relation to the subject matter and supersede all prior representations, communications, and agreements.
16. Gift Cards
16.1 These terms govern the purchase and use of Holly and Ivy Gift Cards. By purchasing or using a Gift Card, you agree to these terms.
16.2 Gift Card terms:
a) Each Gift Card can be loaded with a minimum of $50.00 AUD and a maximum of $1,000.00 AUD, up to a total order value of $2,500 per day. We reserve the right to change these amounts at Our discretion.
b) Holly and Ivy Gift Cards are valid for 3 years from the date of issue. No fees apply to dormant or inactive Gift Cards during the validity period.
c) Holly and Ivy Gift Cards are available for purchase and redemption through the Holly and Ivy website and retail stores. Gift cards cannot be purchased or redeemed at pop-up events or during sale events.
d) Gift Cards will be issued digitally to the nominated email address provided at the time of purchase. Please ensure the email address is correct, as We are not liable for Gift Cards issued to an incorrectly entered address.
e) Once processed, Gift Cards cannot be cancelled or returned except as required by law.
f) We reserve the right to cancel any Gift Card or order We reasonably believe to be fraudulent.
g) Gift Cards are not legal tender and cannot be reloaded, exchanged for cash, or redeemed for a discount. Gift Cards cannot be used to purchase other Gift Cards.
h) We are not liable for lost, stolen, or misdirected Gift Cards where the loss or misdirection was not caused by Our error or negligence. If your Gift Card is lost or stolen, please contact Us immediately at online@hollyandivy.com.au.
17. Promotional Terms
17.1 We reserve the right to offer, modify, suspend, or end any promotion, discount, or offer at any time without notice. Promotions apply to the promotional period only and cannot be applied retrospectively to orders already placed.
17.2 Promotions are subject to specific terms and conditions made available at the time of the offer. We reserve the right to correct any errors in a promotional offer, including pricing errors, and to cancel or refuse orders placed in reliance on an incorrect promotional price. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
17.3 We reserve the right to limit the quantity of promotional or discounted items available to any one customer or order.
17.4 Nothing in this clause excludes or limits your rights under the Australian Consumer Law.
18. Product Imagery
18.1 We take reasonable care to ensure that product images on the Site accurately represent our goods. However, colours, textures, and finishes may vary slightly from those shown due to screen settings, photography lighting, and manufacturing variation. Product images are indicative only and minor variations between images and actual goods do not constitute a misdescription.
19. Account Misuse
19.1 You must not use your account for any unlawful, fraudulent, or abusive purpose, including but not limited to placing orders with no intention to pay, providing false information, or manipulating pricing or promotional systems.
19.2 We reserve the right to suspend or terminate your account at any time if we reasonably believe it is being used in breach of these Terms or in a manner that is fraudulent, abusive, or otherwise harmful to Holly and Ivy or any third party.
19.3 Where we suspend or terminate an account due to suspected fraud or misuse, we reserve the right to cancel any associated orders and withhold fulfilment pending investigation.
19.4 If you believe your account has been accessed without your authorisation, please contact us immediately at online@hollyandivy.com.au.
20. Order Cancellations
20.1 Once an order has been placed and confirmed, you may not cancel or amend it except as provided in these Terms or as required by the Australian Consumer Law.
20.2 We reserve the right to cancel any order in the following circumstances:
a) The goods are out of stock or unavailable at the time of fulfilment.
b) A pricing, listing, or system error has resulted in an incorrect price or product description being displayed at the time of purchase.
c) A freight or shipping fee has been incorrectly calculated or undercharged due to a system or carrier error.
d) We reasonably suspect the order is fraudulent or in breach of these Terms.
e) Payment has not been successfully processed or cleared.
f) Any other circumstance outside our reasonable control that prevents us from fulfilling the order.
20.3 Where we cancel your order under clause 20.2, we will notify you as soon as practicable and issue a full refund of any amount paid using the original payment method.
20.4 You may request a cancellation in the following circumstances:
a) The estimated arrival date for a pre-order has changed significantly from the date represented at the time of purchase.
b) The product becomes unavailable or is discontinued.
c) The product, when received, is materially different from its description.
d) Any other circumstance in which you are entitled to a remedy under the Australian Consumer Law.
20.5 To request a cancellation, please contact us at online@hollyandivy.com.au as soon as possible. We will assess all requests promptly and respond within 5 business days. Where a cancellation is approved, refunds will be processed using the original payment method within 5 business days of approval.
20.6 Nothing in this clause excludes or limits your rights under the Australian Consumer Law.
21. Warranty and Product Guarantees
21.1 Our goods come with consumer guarantees under the Australian Consumer Law that cannot be excluded. These guarantees are in addition to any manufacturer warranty that may apply to a product.
21.2 Manufacturer warranties and any additional remedies offered by Holly and Ivy do not apply where damage or failure has resulted from:
a) Misuse, accident, or abnormal use.
b) Failure to follow product care or usage instructions.
c) Unauthorised modification or repair.
d) Fair wear and tear.
21.3 The exclusions in clause 21.2 do not affect your rights under the Australian Consumer Law, which continue to apply regardless of the cause of any fault or failure where those rights cannot lawfully be excluded.
21.4 To make a warranty or consumer guarantee claim, please contact us at online@hollyandivy.com.au with your order number, a description of the issue, and clear photos where applicable.
21.5 Certain products sold by Holly and Ivy, including electrical goods, plug-in products, candles, and products containing or supplied with button or coin batteries, are subject to Australian mandatory product safety standards. Where applicable, those products carry the required markings, warnings, and labelling in accordance with those standards. You must read and follow all safety instructions, warnings, and care information provided with or on the product before use.
21.6 If you believe a product you have received does not carry required safety markings, does not comply with applicable standards, or poses a safety risk, please contact us immediately at online@hollyandivy.com.au. Do not use the product until the matter has been resolved.
Terms of Service last updated: June 2026