Terms & conditions

1. Introduction

   1. This website (Site) is operated by Hello Molly Pty Ltd (ABN 91 158 264 076) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
   2. These terms were last updated on 13 December 2024.

2. Use of the site

   1. You accept these Terms by placing an order via the Site. 
   2. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 
      1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
      2. using the Site to defame, harass, threaten, menace or offend any person;
      3. using the Site for unlawful purposes;
      4. interfering with any user of the Site;
      5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
      6. using the Site to send unsolicited electronic messages; 
      7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
      8. facilitating or assisting a third party to do any of the above acts.

3. Accounts

   1. You may create an account via the Site, in which you may save certain personal information such as your name, address and date of birth.
   2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
   3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

   1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
   2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
   3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
   4. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
   5. If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
   6. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
   7. For our international customers, we have partnered with Global-E to provide an enhanced shopping experience. This partnership allows you to:
      1. shop in your local currency;
      2. use local payment methods;
      3. see all applicable taxes and duties at checkout.
   8. When you visit our website, you should automatically be routed to the most relevant version based on your location. Alternatively, your currency may change at checkout when you enter your shipping details. Global-E services are only available via the https://www.hellomolly.com domain as opposed to https://www.hellomolly.com.au or any of our other region-specific domains.

5. Price and payments

   1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. The currency will be indicated at checkout. You must pay any customs duties or taxes charged on the Price.
   2. You must pay the Price upfront using one of the methods set out on the Site.
   3. Prices on our Australian website are quoted in Australian Dollars (AUD) and include GST. For our international websites, prices may be displayed in the local currency of the selected region. Currency selection is typically based on your location or shipping destination. If you choose to shop in a currency that is not your local currency, we are not responsible for any currency conversion rates or additional charges imposed by your bank or payment provider. Prices may vary between different currency versions of our website due to factors such as shipping costs, duties, and taxes. 
   4. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
   5. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

6. Promotions and discounts

   1. We may offer promotional coupon codes or discounts from time to time for certain products on the Site. 
   2. These promotions are subject to specific terms, which may include expiration dates, minimum purchase requirements, and product exclusions. Unless otherwise states, coupon codes:
      1. cannot be used in conjunction with other promotional offers or discounts;
      2. are not valid on previously placed orders;
      3. cannot be applied retroactively;
      4. are not redeemable for cash or credit; and
      5. may be subject to availability and may be withdrawn at any time without notice.
   3. We reserve the right to cancel orders or void coupon codes in cases of suspected abuse, misuse, or fraud.
   4. All discounted products are available while stocks last and are subject to change without notice. 
   5. The most up to date prices will be listed on the website. 
   6. Sitewide sales typically exclude sale items, gift cards and accessories. Discount code usage is typically limited to one code per order. Exceptions to these terms will be noted if applicable.
   7. For “spend and save” promotions, discounts are applied at checkout. The advertised discounts will only be applied to eligible items in your cart, but you may reach spend thresholds with items not eligible for the promotion.
   8. Gift With Purchase (“Gift”) promotions are subject to the following additional conditions:
      1. Gift is only available with an online purchase;
      2. Gift is not redeemable for cash;
      3. you will receive one gift per order, per customer if you qualify according to the conditions of the promotion;
      4. Gift is available only while supplies last or until the expiration of the promotion.
   9. Promotions are subject to modification or termination at any time without notice at our sole discretion.

7. Delivery, title, and risk

   1. If possible, our carrier partners will deliver the products to the delivery address you provide when making your order. We currently offer delivery to areas as set out on the Site. Please refer to our Shipping Page to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. 
   2. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. 
   3. We offer a range of delivery methods. You may need to sign for some deliveries and you may have the choice for our delivery partner to leave the products in a safe place or to leave the products at a nearby pick up location.
   4. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
   5. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 

8. Returns

   1. We offer store credit for returns where we determine (at our absolute discretion):
      1. you have provided the proof of purchase and you purchased the products within 30 days prior to lodging a return request;
      2. the products are in their original condition and have not been used, worn, damaged, tampered with, washed, or altered;
      3. the products are in their original undamaged packaging with all product tags still intact;
      4. the products are not Final Sale items; and
      5. a return request has been completed via the Site.
   2. We will not cover the costs of delivery or re-delivery for returns. You must cover these yourself.
   3. You may have rights under the Australian Consumer Law (see below) in addition to this clause.
   4. Please refer to our Returns Policy for additional information.

9. Competitions

   1. We may run competitions from time to time. Unless otherwise stated, the following terms apply to all our competitions:
      1. entry is open worldwide, unless specified otherwise. Our employees and their immediate family members are ineligible to enter;
      2. to enter, individuals must follow the entry instructions provided for each specific competition;
      3. prizes must be taken as stated and cannot be varied. Prizes, or any unused portion, are not transferable or exchangeable and cannot be taken as cash;
      4. winners will be announced as stipulated in the competition conditions. Winners must contact us via the method specified (e.g., email or Instagram) within 48 hours of being notified to claim their prize. If prizes are unclaimed, we reserve the right to redraw the competition to select new winner/s; 
      5. we are not responsible for any technical malfunctions or problems that may affect entry into or participation in the competition;
      6. we reserve the right to cancel, terminate, modify or suspend a competition in the event of any unforeseen circumstances;
      7. by entering, participants consent to us using their name, likeness, image and/or voice (including photograph, film and/or recording) in any media for a reasonable period without remuneration for promotional purposes;
      8. all personal information collected will be handled in accordance with our Privacy Policy;
      9. participation in our competitions is dependent on entrants complying with these Terms and any platform-specific terms (e.g., Instagram's Terms of Use) where relevant; and
      10. we reserve the right to verify the validity of entries and disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms.
   2. We may run social media platform-specific competitions. Unless otherwise states, the following terms apply:
      1. information on how to enter and prizes form part of these Conditions of Entry. By entering into the promotion, you are deemed to have accepted these terms and conditions;
      2. employees and the immediate families of the Promoter and its agencies associated with this promotion are ineligible. Entrants must be over the age of 18 years to participate;
      3. we the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Conditions of Entry;
      4. it is a condition of entry that the entrant must have their social media profile on public;
      5. the promotion launch and completion times are listed on the competition page (the “Promotion Period”);
      6. we accept no responsibility accepted for late, lost or misdirected entries;
      7. in the event that a prize, or an element of a prize, is/are not available, we reserve the right to substitute prize/s in our discretion to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Authorities;
      8. if the prize/s are left unclaimed for more than 48 hours, we reserve the right to redraw the competition after it has closed to select a new winner or winners to receive any unclaimed prizes;
      9. if for any reason this competition is not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, pandemic, technical failures or any other causes beyond our control which corrupts or affect the administration security, fairness, integrity or proper conduct of this competition, we reserve the right in our sole discretion to disqualify any individual who tampers with the entry process, and, subject to any written directions given by the various Lottery Authorities, to cancel, terminate, modify or suspend the competition;
      10. we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, (including but not limited to) any injury or damage to participant's or any other person's computer related to or resulting from participation in or downloading any materials in this competition;
      11. any costs associated with accessing the Site or our social media profiles is the entrant's responsibility and is dependent on the Internet Service Provider used;
      12. we shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of participating in this promotion or accepting any of the prizes, except for any liability which cannot be excluded by law;
      13. in the event of a disaster, we reserve the right to cancel, terminate, modify or suspend the promotion;
      14. we shall not be liable for any prizes/merchandise that has been lost, stolen, forged, damaged or tampered with in any way;
      15. we collect entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. Entering the promotion, unless otherwise advised, allows us to use this information, in any media for the purpose for public, without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. Entrants' personal information may be disclosed to State and Territory Lottery Authorities and winners' names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at their address set out below. 
      16. participation in our competitions is dependent on entrants complying with these Terms and any platform-specific terms (e.g., Instagram's Terms of Use) where relevant; and
      17. all personal information collected will be handled in accordance with our Privacy Policy.

10. Australian consumer law

    1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
    2. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us. 
    3. Where your claim is a valid claim under the Australian Consumer Law, we will reimburse your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

11. Limitations

    Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law: 

    1. neither Party will be liable for Consequential Loss; 
    2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
    3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

12. Intellectual property

    1. You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
    2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
    3. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
    4. You must not, without our prior written consent: 
       1. copy, in whole or in part, any of Our Intellectual Property; 
       2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
       3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
    5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
       1. you do not assert that you are the owner of Our Intellectual Property;
       2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
       3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
       4. you comply with all other terms of these Terms.

13. User content

    1. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. 
    2. If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
    3. You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that: 
       1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
       2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

14. General

    1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 
    2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    3. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 
    4. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
    5. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
    6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
    7. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 
    8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

15. Definitions

    1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”. 
    2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control. 
    3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.