Terms of service

1. Introduction

Welcome to BabyBloo! These Terms of Service ("Terms") govern your access to and use of the BabyBloo website (babybloo.com.au) and all related services, products, content, features, and tools (collectively, the "Services"). The terms "we," "us," and "our" refer to BabyBloo. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms are designed to comply with the consumer protection laws of both Australia, primarily the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth) [1], and New Zealand, primarily the Consumer Guarantees Act 1993 (CGA) [2] and the Fair Trading Act 1986 [3].

2. Eligibility and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence (18 years in most Australian states/territories and New Zealand). If you are under the age of majority, you must have the consent of a parent or legal guardian to use our Services, and your parent or guardian agrees to be bound by these Terms. We strongly recommend parental supervision for any minor dependents using our Services.

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Products and Services

We strive to display our products as accurately as possible. However, we do not warrant that the colours, features, or appearance of products will be exactly as they appear on your device, as this may depend on your device's display settings. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We may limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction.

Consumer Guarantees (Australia & New Zealand):

Under the Australian Consumer Law (ACL) [1] and the New Zealand Consumer Guarantees Act (CGA) [2], our goods and services come with guarantees that cannot be excluded. 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.

This means that:

• Products must be of acceptable quality, fit for their purpose, and match the description provided.

• Services must be provided with due care and skill, fit for their purpose, and delivered within a reasonable time.

Our disclaimers regarding product appearance or quality do not override these statutory consumer guarantees.

4. Orders and Payment

When you place an order through our Services, you are making an offer to purchase. We reserve the right to accept or decline your order for any legitimate reason, such as product unavailability, errors in pricing or product description, or suspected fraudulent activity. Your order is not accepted until we confirm acceptance and process your payment. We will notify you if we are unable to accept your order.

Prices for our products are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless otherwise stated, prices do not include taxes, shipping, handling, or customs duties. You agree to provide current, complete, and accurate purchase and payment information. You represent and warrant that you have the legal right to use any payment method provided.

5. Shipping and Delivery

We will make every reasonable effort to ensure timely delivery of your order. However, delivery times are estimates only and are not guaranteed. We are not liable for delays caused by unforeseen circumstances, including but not limited to carrier delays, customs processing, or events beyond our reasonable control. Once products are dispatched, the risk of loss passes to you.

We will provide information regarding estimated delivery times and any potential delays. If a product is not delivered within a reasonable time, you may have rights under the ACL [1] or CGA [2] to seek a remedy.

6. Returns, Refunds, and Exchanges

Returns, refunds, and exchanges are governed by our Refund Policy, which is incorporated into these Terms by reference. Please review our Refund Policy for detailed information on your rights and obligations.

7. Intellectual Property

All content on the BabyBloo website, including text, graphics, logos, images, product designs, and software, is the property of BabyBloo or its licensors and is protected by Australian, New Zealand, and international intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content without our express written permission.

BabyBloo's trademarks, trade names, and logos are proprietary to us. You may not use these without our prior written consent.

8. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by BabyBloo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BabyBloo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Relationship with Shopify

BabyBloo's online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify's data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall. For more information, please refer to Shopify's Terms of Service and Privacy Policy.

While Shopify provides the platform, any sales and purchases you make are directly with BabyBloo. Shopify is not responsible for any aspect of the sales transaction between you and BabyBloo, including any injury, damage, or loss resulting from purchased products and services. Your statutory consumer rights against BabyBloo under the ACL [1] and CGA [2] remain unaffected by this relationship.

10. User Feedback and Submissions

If you provide us with any feedback, ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, 'Feedback'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback.

You represent and warrant that your Feedback does not violate any third-party right, 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 material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

11. Disclaimer of Warranties; Limitation of Liability

To the maximum extent permitted by law, we do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) 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 merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BabyBloo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Important Note on Consumer Guarantees:

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law (ACL) [1] or the New Zealand Consumer Guarantees Act (CGA) [2] that cannot be lawfully excluded, restricted, or modified. Our liability is limited to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless BabyBloo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. 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.

14. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15. 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, and the Commonwealth of Australia. Where applicable, the laws of New Zealand will also apply to transactions and interactions with customers residing in New Zealand.

16. Changes to Terms of Service

We reserve the right, at 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 our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

17. Contact Information

Questions about the Terms of Service should be sent to us at babybloo2026@gmail.com or by phone at +61 424 522 378.