Terms of service

Overview

Welcome to Bibi & Co! The terms "we", "us" and "our" refer to Bibi & Co. Bibi & Co operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Bibi & Co is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores, subject to your non-excludable rights under the Australian Consumer Law.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Bibi & Co reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Bibi & Co confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Bibi & Co may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

All prices displayed on our website are quoted in Australian Dollars (AUD) and are inclusive of Australian Goods and Services Tax (GST), where applicable. Any applicable shipping, handling, or delivery charges will be calculated and clearly presented to you prior to order checkout and confirmation.

Prices, discounts, and promotions are subject to change without notice, but any price changes will not affect orders that have already been accepted and confirmed by us. The price charged will be the price displayed at the time your order is submitted and set out in your order confirmation email.

We may offer promotions from time to time that are governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the specific promotional terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all orders placed with us. You represent and warrant that:
  1. the payment information you provide is true, correct, and complete;
  2. you are duly authorised to use such payment method; and
  3. charges incurred will be honoured by your financial institution or payment provider at the confirmed checkout price.

Section 5 - Shipping and Delivery

All delivery dates and timeframes provided are estimates only and are not guaranteed. While we make every effort to dispatch orders promptly, we are not liable for reasonable delays caused by shipping carriers, customs clearance, or circumstances outside our reasonable control.

Title to and risk of loss or damage for purchased items pass to you upon successful delivery of the items to your nominated delivery address, subject to your non-excludable rights and consumer guarantees under the Australian Consumer Law. If an item arrives damaged, is lost in transit before delivery, or fails to arrive within a reasonable timeframe, please contact us promptly at our official contact address so we can investigate and arrange a suitable remedy in accordance with statutory consumer guarantees.

Section 6 - Intellectual Property

All content and materials made available through our Services, including our trademarks, logos, brand names, product photography, graphics, text, website content, designs, audio and visual materials, are owned by Bibi & Co or used by us under licence, and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use our website and Services solely for your personal, non-commercial shopping and browsing purposes.

You must not, without our prior written consent:
  1. reproduce, copy, distribute, modify, republish, download, commercially exploit or create derivative works from our website content, product photography or other materials;
  2. use, reproduce or otherwise exploit any Bibi & Co trademarks, logos, brand assets or other intellectual property;
  3. use our content, product photography or other materials for advertising, resale, commercial purposes or to create competing products or services;
  4. or frame, scrape, systematically extract, reproduce or collect data, content or imagery from our store, including for commercial use or resale.

All rights not expressly granted under these Terms are reserved by Bibi & Co and our licensors.

Any unauthorised use of our intellectual property may result in termination of the permission granted under these Terms and may constitute an infringement of applicable intellectual property rights.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 9 - Third-Party Services and Hosting

Our online store is hosted and operated using Shopify and other third-party service providers that support the operation, security and functionality of our Services.

While we rely on third-party providers for certain aspects of our store, including website hosting, payment processing, order management and other technical services, your purchase of products from Bibi & Co is a transaction between you and Bibi & Co. We are responsible for fulfilling your orders, responding to customer inquiries and providing any rights and remedies that cannot lawfully be excluded under applicable consumer law.

Third-party service providers may have their own terms and conditions and privacy policies that apply to the services they provide. To the extent permitted by law, Bibi & Co is not responsible for the acts or omissions of third-party service providers that are outside our reasonable control.

Section 10 - Privacy and Data Handling

Your privacy is important to us. Personal information collected through our Services, including your name, contact details, billing information and delivery address, will be collected, used, stored and disclosed in accordance with our Privacy Policy and applicable Australian privacy laws, including the Privacy Act 1988 (Cth), where applicable.

To operate our store and provide our products and Services, relevant personal information may be disclosed to or processed by third-party service providers, including Shopify, payment processors, delivery and logistics providers, hosting and technology providers, and other service providers that assist us in operating our business.

Some of these service providers may be located outside Australia, or may store or process personal information outside Australia. Where required by applicable law, Bibi & Co will take reasonable steps in relation to the overseas disclosure and handling of personal information.

Further information about how we collect, use, disclose, store and protect personal information, including information about overseas disclosures, is set out in our Privacy Policy.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that:
  1. you own or have all necessary rights to all Feedback;
  2. you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
  3. your Feedback will comply with these Terms. We are and shall be under no obligation:
    3.1. to maintain your Feedback in confidence;
    3.2. to pay compensation for your Feedback; or
    3.3. to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), provided this does not breach applicable Australian consumer laws regarding confirmed orders.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
  1. for any unlawful or malicious purpose;
  2. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  3. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
  5. to transmit false or misleading information;
  6. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
  7. to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  8. to impersonate or attempt to impersonate any other person or entity; or
  9. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Bibi & Co, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to:
  1. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
  2. reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
  3. collect or track the personal information of others;
  4. spam, phish, pharm, or pretext the services;
  5. use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or
  6. interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Agents

  1. This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
  2. No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in item 4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
  3. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
  4. Agents must:
    4.1. in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]";
    4.2. not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by
    4.2.1. mimicking human behavior and interaction patterns, or
    4.2.2. completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans,
    4.3. respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer,
    4.4. not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Australian Consumer Law (ACL) Paramountcy

Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) or any other applicable state or territory legislation, where to do so would contravene statute or render any part of these terms void.

Section 17 - Disclaimer of Warranties

Except as expressly required under the Australian Consumer Law or explicit statutory guarantees that cannot be excluded, the Services and all products offered through the Services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 18 - Limitation of Liability

To the maximum extent permitted by law, Bibi & Co and its officers, employees, agents and representatives will not be liable for any indirect, incidental, special or consequential loss arising out of or in connection with your use of our store, website or products, including loss of profits, revenue, business opportunities or data.

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or condition that cannot lawfully be excluded, restricted or modified, including your rights under the Australian Consumer Law.

To the maximum extent permitted by law, where Bibi & Co is otherwise liable for a loss arising out of or in connection with a product or order, our total aggregate liability will not exceed the amount you paid for the particular product or order giving rise to the claim.

Section 19 - Indemnification

To the extent permitted by law, you agree to indemnify Bibi & Co and its officers, employees, agents and representatives against any third-party claim, liability, loss, damage or reasonable legal costs arising out of or in connection with:
  1. your material breach of these Terms;
  2. your violation of any applicable law; or
  3. your infringement of any third-party intellectual property or other legal rights.

Your liability under this indemnity will be reduced to the extent that the relevant loss, damage or liability was caused or contributed to by any negligent act or omission, error or breach by Bibi & Co or its representatives.

Section 20 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 21 - Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 22 - Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 23 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Bibi & Co submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Section 24 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 25 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes, subject to applicable law.

Section 26 - Contact Information

Questions about the Terms of Service should be sent to us at our official business email:

Bibi & Co
ABN 64 854 573 397
PO Box 3352
Rhodes NSW 2138
contactus@bibicobaby.com