Terms of service

OVERVIEW

This website is operated by Baby Boho Official (ABN 23108642 889), trading as Baby Boho. Throughout these Terms, “Baby Boho”, “we”, “us” and “our” refer to Baby Boho.

By accessing or using our website, or purchasing from us, you agree to be bound by these Terms of Service and the policies referred to on our website.

Please read these Terms carefully before accessing our website or placing an order.

We reserve the right to update, change or replace any part of these Terms by publishing updates on our website. Your continued use of the website following any changes constitutes acceptance of the updated Terms.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

1. ONLINE STORE & WEBSITE USE

By using this website, you represent that you are at least the age of majority in your state or territory of residence.

You must not use our website, products or services for any illegal or unauthorised purpose or violate any applicable laws.

You must not transmit viruses, malware or other destructive code, interfere with the operation or security of the website, collect or track the personal information of others, submit false or misleading information, spam, phish, scrape, crawl or otherwise misuse the website or its content.

You must not reproduce, duplicate, copy, sell, exploit or commercially use any part of our website, Service or website content without our express written permission.

We reserve the right to restrict or terminate access to our website or Service where these Terms are breached or where we consider it necessary to protect our website, business or customers.

2. INTELLECTUAL PROPERTY & AI-GENERATED IMAGES

All original images, written content, graphics and other content on this website are the property of Baby Boho or are used by us with appropriate rights.

Baby Boho prohibits the unauthorised copying, duplication, reproduction, publication, distribution or commercial use of our website content.

All AI-generated images created for and displayed on this website are original creations uniquely designed for Baby Boho. They are not intended to replicate copyrighted photographs or designs and do not represent an affiliation with another brand.

Unauthorised use of our intellectual property may result in appropriate action being taken to protect our rights.

3. PRODUCTS, PRICING & INFORMATION

We make reasonable efforts to ensure that product descriptions, images, colours, pricing and other information displayed on our website are accurate.

However, colours and product appearance may vary depending on your screen, device, lighting and other factors.

Products may be available in limited quantities and may be modified or discontinued at any time.

Prices are subject to change without notice.

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to update or change information at any time, including after an order has been submitted.

Where incorrect information affects an order, we reserve the right to cancel that order and process any applicable refund.

Any offer for a product or service made through this website is void where prohibited by law.

4. ORDERS & CUSTOMER INFORMATION

You agree to provide current, complete and accurate information when placing an order.

This includes your name, email address, billing information, delivery address and any other information required to process and fulfil your purchase.

You are responsible for ensuring that the information supplied with your order is correct.

We may limit quantities purchased per customer, household, account, payment method, billing address, shipping address or order.

Submitting and paying for an order through our website does not remove our right to subsequently decline or cancel that order.

We reserve the right to decline, cancel or refuse any order, at any time, at our discretion.

5. ORDER CANCELLATIONS / OUT OF STOCK

Occasionally, we may need to cancel an order after it has been placed. There are a number of circumstances in which an order may be unable to proceed.

These may include:

• An item becoming unavailable or being found to be out of stock
• Warehouse or inventory issues
• Incorrect, incomplete or problematic delivery information
• Courier or delivery restrictions
• Customs or international shipping issues
• Fraud, security or payment verification flags
• Orders identified as being placed for unauthorised resale
• Unreasonable order or fulfilment expectations
• Previous transaction or account issues
• Circumstances where we choose not to enter into or continue a transaction

We reserve the right to decline, cancel or refuse any order, at any time, at our discretion.

IF YOUR ORDER IS CANCELLED

If we determine that an order cannot be fulfilled, any applicable refund will be processed once we are aware that fulfilment cannot proceed.

Where an item is temporarily unavailable or out of stock, we may first attempt to locate stock from another warehouse or fulfilment location in an effort to fulfil your order.

If we are unable to fulfil the order, any applicable refund will be processed back to the original payment method.

We are not obligated to provide individual notification or a detailed explanation regarding an order cancellation.

We will not enter into correspondence regarding our internal warehouse, inventory, security, fraud-prevention, fulfillment or trading decisions.

Please understand that an order being successfully placed through our website does not remove our right to subsequently decline or cancel that order.

Our priority in the event that an order cannot be fulfilled is to ensure that any applicable refund is processed once we are aware that fulfilment will not proceed.

6. IMPORTANT NOTICE TO UNAUTHORISED RESELLERS

Our website is intended for customers purchasing our products for their own use. We do not permit purchases from our website for the purpose of third-party resale.

For clarity, purchasing our products to include in gift boxes, gift hampers, bundles, subscription boxes or any other products or packages that are then sold to your customers is considered resale and is not permitted.

This applies whether our products are resold individually, incorporated into another product or package, or offered as part of a larger commercial sale.

Unfortunately, unauthorised resale has become an ongoing issue for our business. In some instances, the correspondence and demands we receive following an order cancellation make it apparent that the purchaser had already advertised, sold or committed our products to their own customer. This may also assist us in identifying purchasing patterns or accounts associated with unauthorised resale.

Orders identified or suspected as being placed for resale may be declined or cancelled at our discretion.

If you purchase an item from us and advertise, offer or sell that item to your own customer, you do so entirely at your own risk.

For example, if you purchase an item from us for $19.99 and advertise or sell it elsewhere for $54.99, we are not responsible for your commitment to your customer, your expected profit, marketplace penalties, negative feedback, cancelled sales or any other loss you may experience if your order with us is subsequently cancelled.

The fact that you have already sold, advertised or promised our product to somebody else does not create an obligation for us to fulfil your order.

If an unauthorised reseller's order is cancelled, any consequences arising from commitments made to their own customers are the reseller's responsibility, not ours.

Our retail website is not to be used as a supply or fulfilment source for another business.

Where we become aware of unauthorised resellers engaging in conduct that infringes our rights, misrepresents their relationship with our business, misuses our intellectual property or otherwise causes loss or damage to our business, we reserve the right to take appropriate legal action, including seeking injunctive relief and/or pursuing a claim for damages where applicable.

Thank you for your understanding and for respecting our ordering and resale policies.

7. SHIPPING, RETURNS & REFUNDS

Products purchased through our website are subject to our applicable Shipping Policy and Returns Policy.

Please review these policies before placing an order, as they form part of the terms applying to purchases made through Baby Boho.

Nothing in these Terms is intended to exclude, restrict or modify any consumer right, guarantee or remedy that cannot lawfully be excluded under applicable Australian law.

8. PRIVACY & PERSONAL INFORMATION

We collect and use personal information as reasonably necessary to operate our website, process orders, provide our services, prevent fraud and communicate with customers.

Information collected may include your name, address, email address, telephone number, IP address, device and browser information and browsing activity.

Our website uses cookies and similar technologies. Third-party services and applications used by our website may also collect information in accordance with their own privacy practices.

Information such as your name, address, email address and telephone number may be used to process and successfully fulfil your order.

Payment and financial information is processed through the relevant payment providers and gateways and is protected in accordance with their security systems.

Where email marketing or newsletter subscriptions are offered, customers may opt out of those communications.

Your submission of personal information through our store is also governed by our Privacy Policy.

9. THIRD-PARTY TOOLS, SERVICES & LINKS

Our website may provide access to third-party tools, services, applications, integrations or websites that we do not own or control.

These services are provided subject to the relevant third party's own terms and policies.

We do not control and are not responsible for the content, accuracy, availability, practices, products or services of third-party websites or providers.

Your use of third-party tools, websites or services is at your own discretion.

Any complaint, claim or question relating specifically to a third-party product or service should be directed to the relevant third party.

We may introduce new website features, tools or services from time to time, and those features will also be subject to these Terms.

10. CUSTOMER COMMENTS, FEEDBACK & SUBMISSIONS

If you provide comments, reviews, feedback, suggestions, ideas, photographs or other submissions to us, you agree that we may use, reproduce, edit, publish, distribute or otherwise use that material where appropriate.

We are not obligated to maintain unsolicited submissions in confidence, pay compensation for them or respond to them.

You must not submit content that:

• Infringes another person's copyright, trademark, privacy or other rights
• Is unlawful, abusive, threatening, defamatory, obscene or misleading
• Contains malicious software or harmful code
• Falsely represents your identity or the origin of the submission

You are responsible for the content and accuracy of material you submit.

We reserve the right to monitor, edit or remove content that we consider unlawful, offensive, inappropriate or in breach of these Terms.

11. PROHIBITED USES

You must not use our website, Service or content:

• For an unlawful purpose
• For the purposes of re-selling any of our products.
• To encourage or participate in unlawful conduct
• To violate applicable laws or regulations
• To infringe our intellectual property rights or those of another party
• To harass, threaten, abuse, defame or harm another person
• To submit false or misleading information
• To transmit viruses, malware or malicious code
• To improperly collect or track another person's personal information
• To spam, phish, scrape, crawl or interfere with our website
• To circumvent website or security features
• For any other activity that unlawfully interferes with our website, business or customers

We reserve the right to terminate or restrict access to our website or Service for prohibited use or a breach of these Terms.

12. WEBSITE & SERVICE AVAILABILITY

We do not guarantee that our website or Service will always be uninterrupted, timely, secure or error-free.

From time to time, we may modify, suspend, discontinue or temporarily remove all or part of the website or Service.

We do not guarantee that information or results obtained through use of the website will always be accurate or reliable.

Your use of the website is at your own risk, subject always to any rights you have that cannot lawfully be excluded.

13. DISCLAIMER & LIMITATION OF LIABILITY

To the maximum extent permitted by law, our website and Service are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Baby Boho, its owner, employees, contractors, suppliers, service providers and affiliates will not be liable for indirect, incidental, special, punitive or consequential loss arising from your use of the website, Service or products purchased through the website.

This may include, where permitted by law, loss of profits, revenue, savings, data or other consequential loss.

Where applicable law does not permit a particular exclusion or limitation of liability, our liability will be limited only to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law.

14. INDEMNITY

To the extent permitted by law, you agree to indemnify Baby Boho, its owner, employees, contractors, service providers and affiliates against claims, losses, liabilities or reasonable expenses arising from:

• Your breach of these Terms
• Your unlawful use of our website or Service
• Your violation of applicable law
• Your infringement of another party's rights

15. TERMINATION

These Terms remain effective while you use our website or Service.

You may cease using our website at any time.

If we determine or suspect that you have breached these Terms, we may restrict or terminate your access to all or part of our website or Service.

Any obligations or liabilities incurred before termination will continue to apply where appropriate.

16. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the extent necessary without affecting the validity and enforceability of the remaining provisions.

17. NO WAIVER

If we do not immediately exercise or enforce a right or provision under these Terms, this does not constitute a waiver of that right or provision.

18. ENTIRE AGREEMENT

These Terms, together with the policies and operating rules published on our website, constitute the agreement governing your use of the Baby Boho website and Service.

They supersede previous versions of these Terms and any prior communications relating to the same subject matter.

Headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

19. GOVERNING LAW

These Terms and any separate agreements through which we provide services to you are governed by and construed in accordance with the laws of Australia.

20. CHANGES TO THESE TERMS

You may review the current version of these Terms on this page at any time.

We reserve the right to update, change or replace any part of these Terms by publishing the revised Terms on our website.

Your continued use of our website or Service following publication of changes constitutes acceptance of the revised Terms.

21. CONTACT

Questions regarding these Terms of Service should be submitted to us through our Contact page.