These Terms and Conditions, Our Privacy Policy, 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 the goods available for purchase through the Site. 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’ or ‘Our’).

For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and purchase goods available through the Site. You can contact us on hello@mossandjasper.com.au

By registering for, accessing, browsing and/or otherwise using the Site and purchasing the goods available through the Site, 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 over eighteen (18) years old.

1.2. Accessing the Site from overseas

a) The Site may be accessed from Australia and certain countries outside Australia. We do not guarantee the Site and the purchase of goods through the Site complies with the laws of a country other than Australia.

b) Should you access the Site from a country other than Australia, you do so at your own risk and you understand that it is your responsibility to ensure that your access and use of the Site and/or purchase of goods through the Site complies with the laws of the country in which you access and use the Site and/or purchase goods through the Site.

 

2. Licence to use Site

2.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms.

2.2. You may only access and use the Site for your personal non-commercial use.

 

3. Prohibited Use

3.1. You must not use the Site for any purpose, unless expressly permitted by the Terms.

3.2. You must not add any content to the Site:

a) unless in accordance with the 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.

3.3. You must not modify or copy the layout of the Site and any computer software and code contained in the Site.

 

4. User Acknowledgements

4.1. You acknowledge and agree that:

a) We reserve the right to change, suspend and discontinue any aspect of the Site at any time;

b) you alone are responsible for any content you add to the Site; and

c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

 

5. Intellectual Property Rights

5.1. Unless expressly provided herein, We reserve all intellectual property rights in the Site and nothing in these Terms constitutes a transfer of any intellectual property rights.

5.2. All Our trademarks, trade names and logos used on the Site are owned by Us. You may not use, reproduce, copy, republish, upload, transmit, post or modify Our trademarks in any way without Our prior written consent.

5.3. By posting or adding any content onto the Site (including, without limitation, comments, feedback, ideas or suggestions posted by you through the Site), you grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and you permit Us to authorise any other person to do the same thing.

5.4. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

5.5. The licence in clause 5.4 will survive any termination of these Terms.

5.6. You represent and warrant to Us that you have all necessary rights to grant the licences and consents set out in clauses 5.4 and 5.5.

 

6. Links to other websites

6.1. The Site may include links to other websites or resources owned and operated by third parties and which are not under Our Control.

6.2. We do not endorse, sponsor or approve any content available on any linked websites and resources and We are not responsible for the material contained on those linked websites or resources.

 

7. Privacy

7.1. Personal information (including any information which can identify you, such as your contact details) which you provide to Us for the purposes of using the Site and purchasing goods through the Site, will be collected, used and disclosed by Us in accordance with Our Privacy Policy.

7.2. Our Privacy Policy contains information about the ways in which We collect, handle and use your personal information. You can view Our Privacy Policy here.

 

8. Security of Information

8.1. 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 and any content posted by you on the Site from unauthorised access or use by a third party or misuse, damage or destruction by any person.

8.2. Notwithstanding clause 8.1, We do not warrant and cannot ensure the security of any information which you may provide to Us. Accordingly, any information you provide to Us is provided at Your own risk.

8.3. We recommend you protect your computer system from potential hazards by firewalls, anti-virus software and any other such security applications.

 

9. Purchase Terms

9.1. Making an order

a) To purchase goods on the Site, you must place an order.

b) Once you make an order, We will email you an acknowledgement confirming receipt of your order. This acknowledgement does not constitute Our acceptance of your order.

c) We reserve the right to ask you to provide additional details or to verify your identity before We process your order.

d) A legally binding contract for the purchase of goods will only arise once your payment has been approved.

e) We are not obliged to accept any order. In the event We reject your order, We will refund you any monies paid.

f) Once you receive confirmation from Us that We have accepted your order, you may not make any changes to or cancel your order. Accordingly, you should ensure your order is accurate before you submit it.

g) Individual orders you place cannot be consolidated and, accordingly, delivery and handling fees will apply to each individual order.

9.2. Registering an account

a) You may place an order in your capacity as a guest or by registering an account with Us. In either case, you will be required to provide personally identifiable information. You must ensure that the personally identifiable information is true, accurate, complete and up to date. We are not liable for any communication that does not reach you due to the inclusion of incorrect details within your account.

b) Should you register an account, you understand that you alone are responsible for all activities that occur under your account and for maintaining the confidentiality and integrity of your account. To this end, you agree you will not disclose your password to any third party and take all reasonable steps to ensure a third party does not gain access to your account.

9.3. Availability of Goods

a) All orders are subject to availability of the goods requested. In the event We are unable to fulfil your order or any part thereof, We will refund you the price paid for the goods that are unavailable.

b) We reserve the right to restrict the number of goods for any one order.

9.4. Product Recalls

a) In the event of a product recall, you must provide Us and, where applicable any third party, such assistance as is required.

9.5. Price and Payment

a) Prices displayed on the Site (including the price of the goods and delivery charges) are in Australian Dollars and, if GST applies, inclusive of GST.

b) Prices for the goods are separate and distinct from delivery and/or handling fees.

c) We reserve the right to change or alter prices without notice to you. Subject to clause 9.6, if you have already submitted an order at a particular price, We will supply your goods at that price.

d) Payment for the goods and any applicable delivery and/or handling fees are required in full on placement of the order.

e) We do not collect or store your debit or credit card information. All debit and credit transactions on the Site occur through a third-party payment gateway (the ‘Processer’). You hereby authorise the Processer to procure payment from your nominated payment method.

f) While all reasonable steps will be taken to protect your debit and/or credit card information, given the nature of the internet We cannot guarantee the security of any such information and, subject to any gross negligence on Our part, We will not be held liable for any loss you suffer as a result of any unauthorised access to your debit and/or credit card information.

g) Once We receive your order, We will perform a standard pre-authorisation check on your credit or debit card and, to that end, you hereby authorise Us to perform this check.

h) Your order will not be dispatched until payment has cleared. In the event payment does not clear, We will cancel your order and notify you accordingly.

i) Payment methods are specified on the Site at the time you play your order.

9.6. Errors and inaccuracies

a) From time to time, the Site may contain incorrect or inaccurate information relating to (amongst other things) the price of goods, product description or availability.

b) We reserve the right to update or correct any incorrect or inaccurate information at any time without notice. We further reserve the right to reject any order that has been placed in reliance on incorrect or inaccurate information.

c) Where your order has been confirmed, and We subsequently become aware that the order (or any part thereof) is affected by an inaccuracy or error with respect to the price, We will notify you as soon as possible of the error and give you the option to purchase the good/s affected by the inaccuracy or error at the correct price or cancel the order. If We do not hear from you within two (2) calendar days, We will cancel your order in full and issue you with a full refund.

9.7. Discount Codes

a) We may offer promotional discount codes to be used on the all or part of the Site.

b) Any offer We make with respect to promotional discount codes will be subject to specific conditions which We will make available at the time of offer.

b) Discount codes may not be used to purchase gift cards online or instore.

9.8. Delivery

a) The costs of delivery are and shipping are stated at checkout

b) We do not guarantee the quality of the freight and delivery services of any third-party service providers.

9.9. Risk and Liability

a) Risk of loss or damage to the goods will pass to you on delivery of the goods at your specified delivery address.

9.10. Return of Goods and refunds

a) Goods may only be returned in accordance with Our Return Policy

b) We will not provide a refund for change of mind, only for faulty goods. 

c) We will process any refunds within a reasonable time.

d) Refunds will be processed on the same method as the original payment was made.

9.11. Consumer Guarantees

a) Nothing in these Terms is intended to exclude, restrict or modify or have the effect of excluding, restricting or modifying any rights you may have under the Australian Consumer Law.

 

10. Disclaimer

10.1. The Site and all information, content or materials included thereon is provided to you on an ‘as is’ and ‘as available’ basis without guarantees, warranties or representations of any kind, whether express or implied, including, without limitation, warranties as to merchantability, acceptable quality and fitness for any purpose, which, to the fullest extent permitted by law, We hereby expressly disclaim.

10.2. You are solely responsible for the appropriateness of the Site for your intended application and use. We do not warrant that the Site meets your requirements.

10.3. We do not warrant that the Site will be available without interruption or error-free or that the same is free from viruses, bugs and the like that may interfere with the normal operations of your systems.

10.4. While We will take all reasonable care to ensure that the images of goods available for purchase on the Site accurately represents the goods, We do not guarantee that the images are an exact representation of the actual goods.

10.5. To the extent that any applicable law does not permit the disclaimer of warranties, the Site is warranted only to the minimum amount legally required.

 

11. Exclusions and Limitation of Liability

11.1. We are not liable to You for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Site and the Terms, except to the extent that such liability may not be lawfully excluded and subject to clause 9.4.

11.2. Notwithstanding the generality of clause 11.1, We expressly exclude liability for special, indirect or consequential damages, which damages will be deemed to include loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.

11.3. Subject to clause 11.4, in the event that any exclusion or other provision contained herein is held to be invalid for any reason and We become liable for loss or damage that could otherwise have been limited, such liability will be limited to the fee paid for the goods and access to the Site.

11.4. The limitation expressed in clause 11.1 does not apply to Our liability for loss suffered or incurred by you in respect of:

a) fraud or other unlawful acts;

b) gross negligence; or

c) liability that cannot be limited or excluded by law, including under the Australian Consumer Law.

 

12. Indemnity

12.1. You agree to indemnify and keep Us indemnified against all losses, damages, liabilities, claims and expenses (including legal costs) incurred by Us arising out of or in connection with your use of the Site, your breach of these Terms or your breach of any rights of third parties.

12.2. We reserve the right to assume exclusive control of any matter for which you are required to indemnify Us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by Us.

 

13. Termination

13.1. Termination

a) We reserve the right to terminate Your access to all or any part the Site or your ability to purchase goods through the Site at any time without notice.

13.2. Accrued rights

a) Termination does not affect any the accrued rights or liabilities of either Us or you.

13.3. Survival

a) All terms that by their nature could reasonably be construed as being intended to survive, continue to apply beyond termination of your access and will continue to apply.

14. General

14.1. Contacting Us or making a complaint

If you wish to contact Us or make a complaint, please email us at hello@amerrylittlechristmas.com.au.

 

14. Variation

14.1. Variation

a) We may, at any time and at our sole discretion, amend, modify or otherwise alter the terms of this Agreement.

b) Any amendments, modifications or alterations to the Terms shall become effective upon the posting thereof.

c) Your continued use of the Site following the posting of amendments, modifications or alterations constitutes your acceptance of the revised terms. It is your responsibility to regularly check the Site to for any amendments, modifications or alterations to the Terms.

14.2. Severability

a) Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the invalidity of the remaining provisions of the Agreement.

14.3. Jurisdiction

a) These Terms are governed by and to be construed in accordance with the laws of Queensland, Australia.

b) You agree that any dispute between Us and you about any matter arising out of or in connection with this Agreement will exclusively be heard by the courts of Victoria, Australia and/or the Federal Court of Australia sitting in New South Wales, Australia.

Terms and Conditions last updated on 8 July 2020.