Terms & Conditions
Ok so Terms & Conditions probably aren’t the most exciting thing to read (or the snappiest) but they are super important... and binding. Please do read over ours. Aside from the fact that they took Janet in Legal a long time to pull together, you’ll find everything you need to know about our policies.
- 1. Introduction
1.1 These terms (the “Terms”) apply to your use of our website, [https://holly.co/] (the "Website") as amended from time to time whether as a website visitor, seller (“Co”) or a customer.
1.2 BY USING OUR WEBSITE AND/OR IF YOU MAKE A PURCHASE ON THE WEBSITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS IN FULL AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE OR MAKE A PURCHASE. WE WILL ALSO ASK YOU TO ACCEPT THESE TERMS WHEN REGISTERING FOR AN ACCOUNT AND/OR MAKING A PURCHASE.
1.3 Every time you wish to use our Website, please check these terms regularly to ensure that you understand the terms that apply at that time.
1.4 The Website is owned and operated by HCO Ltd ("HCO" "us" "we"). We are registered in England and Wales under company number 04868578 and have our registered office address at River Unit, Phoenix Wharf, Twickenham, TW1 3DY. Our VAT number is GB 216 7257 08. To contact us, please use our Contact Us page.
- 3. Our role
3.1 HCO allows third party sellers (“Co’s”) to list and sell their products on the Website. Whilst the Website (as a service provider) helps facilitate transactions that are carried out on the Website, HCO is neither the buyer nor the seller of the products for sale on the Website.
3.2 If you buy a product on or through our Website, you enter into a contract for sale with the Co. We are not a party to that contract, and we don’t at any time have possession of the product(s). Co’s are therefore solely responsible for providing you with your products and any issues or complaints you may have in respect of those products.
3.3 We want you to have a positive buying experience and will assist you in resolving any disputes that arise between customers and Co’s. For further details about how to access this help, please see “Disputes with Co’s” at paragraph 17 below.
- 4. About you
4.1 To make a purchase on the Website, you need to:
- be at least 18 years old;
- have a credit or debit card that our payment service provider accepts; and
- be authorised to use that credit or debit card (e.g. its in your name and/or you’re permitted to use it).
4.2 We do not store any information in relation to your payment method. This is processed and stored by the designated payment provider.
4.3 You must keep your account details safe. If you choose to register on the Website, by providing us with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or allow a third party to access your account. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by using the contact form via our Contact Us page.
- 6. Buying a product
6.1 If you are considering buying a particular product, please read the description of the product carefully before placing your order. Price and product descriptions for products are the sole responsibility of Co’s and we have no liability for any products which are incorrectly priced or described. If you have any questions regarding the product you should raise this directly with the Co before you place your order. You can do this via the Holly & Co contact form which can be found on our Contact Us page.
6.2 You acknowledge that once you place an order, you are making an irrevocable offer to purchase that product and are committing to pay the Co the amount shown in the purchase flow. See paragraph 7 below for payment and delivery information.
6.3 If the Co is unable to fulfil your order, you will be informed via email and you will be refunded for the product.
6.4 Once you receive an email order confirmation, a binding contract of sale is formed between you and the Co.
- 7. Payment and delivery
7.1 All prices for products on the Website include any applicable VAT at the applicable current rate chargeable in the UK for the time being. Prices for products may change from time to time, but changes will not affect any order you have already placed.
7.2 Products on the Website can only be delivered to UK addresses.
7.3 Standard delivery is included in the product prices so you won’t pay any additional delivery charges unless:
- you select “express shipping”; or
- your product order from a particular Co is £4.99 or less
in which case you will have to pay additional delivery charges and these charges will be shown to you during the check-out process before you confirm your order.
7.4 Estimated delivery timeframes can vary depending on the delivery method the Co has provided and the method you have chosen. If you would like more information, please use the Holly & Co contact form which can be found on our Contact Us page.
7.5 Payments for all products must be paid in Pound Sterling and can be paid for via our third party payment provider, Checkout. Payment will be taken when you submit your order and you will then receive an email order confirmation.
- 8. Returns and refunds
8.1 As a customer, you may have the right to return a product if you change your mind or if something goes wrong.
8.2 Please see the Delivery & Returns Policy for more information about when you might be eligible for returns / refunds and how you can request a return.
8.3 Co’s are responsible for all returns and refunds but if you don’t receive a satisfactory outcome from a Co, we will assist in resolving the issue. For further details about how to access this help, please see “Disputes with Co’s” at paragraph 17 below.
- 9. Availability and website content
9.1 We cannot guarantee that our Website, certain Website functionality or any content on our Website, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all, or any part of, or item upon, our Website for business or operational reasons. Our Website may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party failures, or if we are releasing new functionality or developing the site. We cannot predict or control when such downtime may occur nor control the duration of such downtime.
9.2 You are also responsible for ensuring that anyone who accesses our Website through your internet connection are aware of these Terms and that they comply with them.
9.3 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Any claims that are made in respect of any products on the Website are claims which are made by the relevant Co. Should you have any question about any of them you should contact the Co via the Holly & Co contact form by contact which can be found on our Contact Us page.
9.4 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date, or that any product may be available from any Co or third party. In particular, we are not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on our Website.
9.5 As we are not the seller of any products shown or linked to via the Website, we have no control and do not give any commitment relating to the existence, quality, safety, truth or accuracy of any picture or description of the products, and we have no liability in this respect.
9.6 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- 10. Ending our relationship
10.1 We have the right to terminate these Terms, and disable any account connected to any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion:
- we believe that there may be suspicious activity on your account and/or in respect of any of your past purchases; or
- you have failed to comply with any of the provisions of these Terms.
10.2 If we are going to terminate these Terms, and/or disable your account we will give you reasonable notice before doing unless the grounds for ending our relationship are serious (for example, there is a real risk of loss or harm to our business or other users if your use of the Website were to continue) in which case we may end our relationship immediately, without notice.
- 11. How you may use material on our website
11.1 We are the owner or the licensee of the Website and all textual, graphical and other content appearing on the Website. Those materials are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the Website or the content on the Website other than the right to use them in accordance with these Terms.
11.2 You may view, copy, print and use content contained on our Website solely for your own personal use and provided that: (1) it is used for informational and non-commercial purposes only; (2) you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and (3) you must not use or copy any photographs, video or audio sequences or graphics separate from any accompanying text.
11.3 Our status and that of our identified contributors as the authors of content on our Website must always be acknowledged.
11.4 If you print off, copy or download any part of our Website in breach of these terms of service, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- 12. Linking to our website
12.1 You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out below.
- 13. Information on our website and buyer reviews
13.1 Our Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
13.2 Whenever you make use of a feature that allows you to upload content to our Website, including if you upload a customer review, you must ensure that your content abides by our Acceptable Use Rules in paragraph 16.
13.3 Should you use our Website to send any feedback, customer reviews, comments or enquiries, such as ideas, comments, suggestions or questions ("User Content"), such User Content shall be considered to be non-confidential and non-proprietary and you shall retain ownership rights in your content, but you hereby grant us a licence to reproduce, use, store, disclose and distribute and make available to third parties such User Content without limitation.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5 You are solely responsible for securing and backing up your content.
- 14. Our responsibility for loss or damage suffered by you
14.1 Customers may only use our Website for domestic and private use. If you are a customer, you agree not to use our Website for any commercial or business purposes. If you are a customer, the remainder of this paragraph 14 applies to you, however, if you are a Co, our responsibility for loss or damage suffered by you is subject to the limitations set out in the Co Terms you and we entered into.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.3 Provided that we have acted with professional diligence, and subject to paragraph 14.2, we do not take responsibility for loss or damage cause by us unless it is:
- caused by our breach of these Terms; or
- reasonably foreseeable at the time of entering into these Terms (i.e. either it is obvious that it will happen or if, at the time we enter into these Terms, it is known that it might happen.)
- 15. Security
15.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your device, information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
15.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- 16. Acceptable use
16.1 You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To bully, insult, intimidate or humiliate any person;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To upload terrorist content.
16.2 You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site.
- Not to provide fake or misleading Buyer Reviews.
- Not to access without authority, interfere with, damage or disrupt any part of our Website.
- Not to access without authority, interfere with, damage or disrupt any equipment or network on which our Website is stored.
- Not to access without authority, interfere with, damage or disrupt any software used in the provision of our Website.
- Not to access without authority, interfere with, damage or disrupt any equipment or network or software owned or used by any third party.
- 18. Disputes with us
18.1 If you have a dispute with us relating to the Website, in the first instance please get in touch via the Holly & Co contact form on our Contact Us page and we can attempt to resolve the dispute informally.
18.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
18.3 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice.
- 20. Governing law and jurisdiction
20.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
20.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
- 21. Other important terms
21.1 We can transfer our contract with you (these Terms), so that a different organisation is responsible for providing the Website. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract. You can only transfer these Terms to someone else if we agree to this.
21.2 Nobody else has any rights under these Terms which are between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
21.3 If a court invalidates some of these Terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
21.4 Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.