General Terms and Conditions

Index:

Article 1 – Definitions
Article 2 – Identity of Holly Mae
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Contract
Article 6 – Right of Withdrawal
Article 7 – Consumer Obligations During the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Holly Mae’s Obligations in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Execution and Additional Warranty
Article 13 – Delivery and Execution
Article 14 – Long-term Contracts: Duration, Cancellation, and Renewal
Article 15 – Payment
Article 16 – Complaints System
Article 17 – Disputes
Article 18 – Additional or Diverging Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Complementary contract: A contract where the consumer acquires products, digital content, and/or services related to a distance contract, provided by Holly Mae or a third party under agreement with Holly Mae.
Reflection period: The period during which the consumer can exercise the right of withdrawal.
Consumer: A natural person who does not act for commercial, business, craft, or professional purposes.
Day: Calendar day.
Digital content: Data produced and provided in digital form.
Long-term contract: A contract for regular supply of goods, services, and/or digital content over a specified period.
Durable data support: Any tool (including email) that allows storage of information in a retrievable and unchanged format.
Right of withdrawal: The consumer's ability to cancel a distance contract during the reflection period.
Distance contract: A contract between Holly Mae and the consumer made through remote communication techniques, without being physically together.
Withdrawal form: The European withdrawal form contained in Annex I.
Holly Mae: The legal entity defined in Article 2, offering products, digital content, and/or services remotely.
Remote communication technique: Means to conclude a contract without the consumer and entrepreneur being in the same room simultaneously.

Article 2 - Identity of Holly Mae

Email: info@holly-mae.com
Chamber of Commerce registration number: 94814848
VAT number: NL866901280B01

Article 3 - Applicability

These terms apply to every offer by Holly Mae and every distance contract with the consumer. Before concluding the contract, these terms will be made available to the consumer. If that’s not reasonably possible, Holly Mae will indicate how to access these terms and will provide them free of charge upon request. For electronic contracts, terms can be provided electronically in a durable format or by indicating where they can be viewed electronically and provided free upon request. Specific product/service terms apply in addition to these terms, and if conflicting, the consumer may rely on the most favorable provision.

Article 4 - The Offer

If an offer is limited or conditional, this will be clearly stated. Offers include full, accurate descriptions allowing consumers to properly evaluate the offer. Images, if used, accurately represent the products/services/digital content. Obvious or manifest errors in offers do not bind Holly Mae. Each offer contains sufficient information on rights and obligations when accepting.

Article 5 - The Contract

The contract is concluded when the consumer accepts the offer and fulfills any conditions, unless otherwise stated. Upon electronic acceptance, Holly Mae will promptly confirm receipt electronically. Until confirmation, the consumer may cancel; after confirmation, cancellation is no longer possible, but the right of withdrawal applies (Article 6). Holly Mae takes appropriate technical and organizational measures to ensure secure data transfer and payment security. Holly Mae may verify the consumer’s ability to pay and other factors before concluding the contract and may refuse orders or apply special conditions if justified. Holly Mae will provide the consumer, at the latest upon delivery, with:

Holly Mae's complaint address;
Conditions and methods to exercise withdrawal rights or information if withdrawal is excluded;
Information on warranties and after-sales services;
Price including taxes, shipping costs, and payment/delivery methods;
Cancellation requirements for contracts longer than one year or indefinite duration;
The withdrawal form, if applicable (for long-term contracts, only applies to first delivery).

Article 6 - Right of Withdrawal

Consumers may cancel a product purchase contract within a reflection period of at least 14 calendar days without providing reasons. Holly Mae may ask but cannot require a reason. The reflection period starts:

For a product: the day the consumer or designated third party (not the courier) receives it;
For multiple products in one order: the day the last product is received; Holly Mae may refuse orders with different delivery times if clearly informed;
For deliveries in parts: the day the last shipment or part is received;
For regular supply contracts: the day the first product is received.

Article 7 - Consumer Obligations During Cooling-Off Period

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be opened or used as necessary to verify its nature, characteristics, and functioning, similar to in-store inspection. The consumer is responsible only for depreciation beyond necessary inspection. The consumer is not liable for depreciation if Holly Mae failed to provide mandatory withdrawal information before or at contract conclusion.

Article 8 - Exercising the Right of Withdrawal and Costs

To exercise withdrawal, the consumer must notify Holly Mae within the cooling-off period via the withdrawal form or clear communication. The product must be returned as soon as possible, within 14 days of notification, or delivered to Holly Mae or a representative. No return is required if Holly Mae offers to pick it up. Returning within the cooling-off period deadline is sufficient. The product must be returned with accessories, in original condition/packaging if reasonable, following Holly Mae’s instructions. The consumer bears the risk and proof of timely return and the direct return costs unless Holly Mae states otherwise. For digital content not on a tangible medium, consumers incur no costs if:

They did not explicitly consent to execution before the cooling-off period expired;
They did not acknowledge losing the withdrawal right;
Holly Mae has not confirmed the consumer’s consent.

Withdrawal terminates any supplementary contracts by law.

Article 9 - Holly Mae’s Obligations in Case of Withdrawal

If withdrawal is exercised electronically, Holly Mae will promptly acknowledge receipt. Holly Mae will refund all payments including delivery charges within 14 days of withdrawal notification. Refund may be delayed until the product is received back or proof of return is provided. Refunds use the original payment method unless agreed otherwise and incur no costs to the consumer. Additional costs for premium delivery methods chosen by the consumer are not refunded.

Article 10 - Exclusion of the Right of Withdrawal

Holly Mae may exclude the following products and services from the right of withdrawal, but only if clearly indicated in the offer, at least before the conclusion of the contract:

Products or services whose price depends on fluctuations in the financial market beyond Holly Mae’s control and which may occur during the cooling-off period;
Contracts concluded during a public auction, where the consumer is physically present or has the opportunity to be present at the auction under the guidance of an auctioneer, and where the winning bidder must collect the products, digital content, and/or services;
Service contracts, after full execution of the service, only if:
- The execution began with the consumer’s prior explicit consent; and
- The consumer declared to lose their right of withdrawal once Holly Mae completes the contract;
Service contracts for accommodation if the contract specifies a certain date or period for execution, not for residential purposes, transportation of goods, car rentals, or catering;
Contracts related to leisure activities if the contract specifies a certain date or period for execution;
Products made to order for the consumer, not pre-manufactured and made according to a consumer’s choice or individual decision or clearly intended for a specific person;
Products that deteriorate quickly or have a limited shelf life;
Sealed products that cannot be returned for health protection or hygiene reasons, where the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic beverages whose price was agreed at the time of the contract but can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond Holly Mae’s control;
Audio, video recordings, or computer software in sealed packages where the seal has been broken after delivery;
Newspapers, magazines, or periodicals, except for subscriptions;
Provision of digital content not on a physical medium, only if:
- The execution began with the consumer’s prior explicit consent; and
- The consumer declared to lose their right of withdrawal.

Article 11 - The Price

During the offer’s validity, prices of products and/or services will not increase, except due to VAT rate changes. Holly Mae may offer products or services with prices dependent on uncontrollable financial market fluctuations; this will be clearly stated in the offer. Price increases within 3 months after contract conclusion are allowed only if legally required. After 3 months, price increases are only allowed if Holly Mae foresees this and:

They result from legal or regulatory provisions; or
The consumer has the right to withdraw from the contract from the day the price increase takes effect.

Prices include VAT.

Article 12 - Execution of the Contract and Additional Warranty

Holly Mae guarantees that products/services comply with the contract, the offer’s specifications, reasonable quality standards, suitability for use, and legal requirements at contract conclusion. If agreed, Holly Mae guarantees suitability for uses other than normal.

Additional warranties from Holly Mae, her supplier, manufacturer, or importer do not limit legal rights consumers have in case of non-fulfillment.

Article 13 – Delivery and Execution

Holly Mae will strive to deliver your orders without delay to the address you provided, within 30 days unless otherwise agreed. If a delay or incomplete delivery occurs, we will inform you within 30 days. You may then cancel the contract without costs and receive a refund if applicable. After cancellation, we will refund any payments made. Risk of loss or damage stays with us until delivery to you or your authorized person, unless agreed otherwise.

Article 14 – Fixed-term Agreements: Duration, Termination, and Extension

Termination:

You may terminate ongoing product/service delivery agreements anytime with one month’s notice.
Fixed-term agreements for regular delivery can also be terminated early with one month’s notice.
You may end these agreements anytime with the agreed notice period.

Extension:

Fixed-term agreements cannot automatically extend beyond their term unless agreed otherwise.
They can automatically extend for up to 3 months, with a right to cancel within that period with one month’s notice.
They may extend indefinitely but can always be cancelled with one month’s notice.

Duration:

Agreements over one year may be cancelled anytime after the first year with one month’s notice unless reasonable cause exists not to.

Article 15 – Payment

Unless otherwise agreed, payment is due within 14 days from the start of your cooling-off period or within 14 days after contract conclusion if no cooling-off applies. For services, 14 days start the day after confirmation. For product purchases, upfront payment will not exceed 50%. Rights to the order or service arise only after upfront payment if agreed.

Late payments incur statutory interest after a reminder and additional 14 days to pay. Failure to pay may lead to collection fees.

Article 16 – Complaints Procedure

Holly Mae has a clear complaints procedure. File complaints as soon as possible after the issue arises. We respond within 14 days of receipt; if more time is needed, we will acknowledge your complaint and indicate when to expect a detailed response.

Article 17 – Disputes

Disputes related to agreements and these terms are governed exclusively by Australian law. All disputes will be settled in the court where Holly Mae is based.

Article 18 – Additional or Deviating Provisions

Any additional or differing provisions must not disadvantage you and should be in writing or stored in an accessible format.