Terms & Conditions
TERMS & CONDITIONS:
GENERAL
This document defines the terms and conditions that will apply to users of the website www.bibiviro.com (“the website”) and to consumers buying goods online from the website.
By using the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended from time to time, and amendments will be displayed on the website. By your continued use of the website following such amendments, you will be deemed to have agreed to the amendments.
CONTACT
Email: info@bibiviro.com
Bibi Viro ABN 16 522 070 806
PRIVACY POLICY
Our Privacy Policy, which sets out how we will use your personal information, can be found in the ‘Privacy Policy’ page. By using the website you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all information provided by you is accurate.
WARRANTIES PROVIDED BY YOU
You warrant and acknowledge that in using the website:
You are over at least the age of majority in your state or province of residence and that you have the legal capacity to enter into a legally binding contract;
The information you provide is correct, complete and current;
You will comply with all applicable laws in relation to any transactions entered into and you will not use the website for any illegal or fraudulent purpose;
You will not impersonate any other person or allow any other person to impersonate you in use of the website;
You agree to indemnify, defend and hold harmless Bibi Viro 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.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. (Credit card information is always encrypted during transfer over networks)
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
TERMS OF SALE
By placing an order for any goods on the website you are offering to purchase the goods on and subject to these Terms and Conditions. Goods and services promoted on the website are subject to availability and may change from time to time. We may, at any time and without notice to you, discontinue any of the goods or services currently available on the website.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
OUR CONTRACT
An order placed by you on the website for goods is only an offer by you to purchase the goods for the price (including other charges) as displayed on the website. We reserve the right to accept or reject your offer for any reason whatsoever. Your purchase contract with us will only come into existence when we advise you that we have accepted your order and confirmed receipt of your payment.
ORDER STATUS
You will receive an order confirmation via email upon receipt of your order and successful processing of your payment. A further email will be sent upon dispatch of your goods containing Carrier details and, if available, a consignment number that can be tracked. For overseas customers, depending on the method of shipping a tracking email may or may not be sent. All enquiries relating to your order’s shipping status can be directed to info@bibiviro.com
SHIPPING
Deliveries will be made by Carrier to the address in your order. You must ensure that someone is present to sign for and accept delivery.
So that your shipment arrives safely and on time, we package our limited edition prints rolled image side out in protective polyethylene sleeves within thick cardboard tubes for extra strength and security.
However while our packaging methods are well proven, things sometimes do go wrong. For that reason your shipment is fully insured (at our expense) against transit damage or loss. So if damage to the packaging is visible when your shipment arrives please ensure the Carrier records this and contact us immediately at info@bibiviro.com quoting your order number.
If a fault or damage is discovered after signing the delivery receipt, you have a period of 5 days to report this to us at info@bibiviro.com after which the right to return or exchange the purchased goods is no longer valid.
Please refer to the Q&A Shipping page of the website for further details.
Important note:
If your order is being delivered to an office building, apartment complex or similar facility, or to a public institution such as a hospital, hotel or school, the Carrier may accept the signatures of mailroom employees, receptionists, and similar administrative personnel upon delivery. Upon signature or acceptance by such personnel, we shall be deemed to have fulfilled our entire delivery obligation for your order. We are not responsible for lost or stolen items delivered in accordance with the delivery practices noted above.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any Carrier delivery delays or force majeure for which we will not be responsible.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
The Carrier may leave a card if no one is at the address to sign for the delivery, and you will need to contact the Carrier Company to arrange for re-delivery. Where Australia Post is contracted to make the delivery they may leave a card at the address and you will need to pick up the delivery from your nearest Post Office.
PRICING AND AVAILABILITY
The prices, other charges and availability of goods displayed on the website may change at any time. If we discover an error in the price or availability of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
For Australian customers prices shown on the website are inclusive of shipping charges and GST. Any change to the GST rate will automatically be applied to the prices of our goods.
In the unlikely circumstance where delivery of an order may result in unacceptably high freight charges, we reserve the right to cancel an order prior to dispatch. In such circumstances a full refund will be issued.
Important note:
For International customers shipping costs and tax-free prices will be provided on request. Note however, the order may be subject to import duties and taxes, which are levied once your package reaches your country of residence. We do not collect duties and taxes and cannot predict what your particular charges may be as these charges are imposed directly by your local customs. You must pay these additional charges in order for your package to clear customs.
The international carrier may invoice you for the local taxes and duties, or you may have to deal with local customs directly to organise payment and release of your package.
PAYMENT OPTIONS
We accept American Express, Apple Pay, Shopify Pay, Mastercard, Visa and PayPal for payment of online purchases unless otherwise specified. Payments are subject to validation checks and authorisation by the card issuer.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
WEBSITE SECURITY
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.
Should any unauthorised charges appear on your credit card as a result of shopping on the website, you must notify your credit card provider in accordance with its reporting rules and procedures.
DISCOUNT CODES
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though the website. Conditions of use relating to any discount code will be set out at the time of issue.
DISCLAIMERS
We make every effort to ensure that information on the website (Information) is accurate but do not warrant that the Information will be reliable or error free.
We take no responsibility for errors or omissions on the website, or for programming bugs, or computer viruses on the website, and reserve the right to modify and correct errors at any time.
Information may also contain technical inaccuracies or typographical errors and may be changed, updated or modified at any time without notice. We take no responsibility for any such inaccuracies, errors, changes, or updates.
We have attempted to accurately depict the goods offered on the website. However, because the depiction is dependent on your computer monitor, we cannot guarantee that such depiction will be accurate. The goods may appear larger or smaller than their actual size, or the colours slightly different.
We do not warrant that users or potential users will have continuous access to the website, and will not be liable for any interruption to service.
Although the website may link directly to websites operated by third parties (Linked Sites) we take no responsibility for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your downloading of any material posted on a Linked Site.
Unless expressly stated to the contrary, we do not endorse and are not affiliated with Linked Sites or the products or services offered on such sites.
LINKING TO THE WEBSITE
You may establish a link to the home page, from a website that is owned by you, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
POSTED CONTENT
If you post Content, and unless we indicate otherwise, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such Content on the website and on any other marketing material we may create.
By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, regardless of whether the Content in question constitutes text, graphics, or videos you've collected from other websites.
COPYRIGHT AND TRADEMARK
Unless otherwise provided, all original artwork, designs, images and photographs are copyright BIBI VIRO and except as permitted by the Copyright Act 1968 (Cth), must not be reproduced without our express prior written permission.
Any third party trademarks or brand names featured on the website are owned by their respective owners. Where a trademark or brand name is referred to it is used solely to describe or identify goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us.
LIABILITY
Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.
To the full extent permitted by law, we, our partners, employees, agents, contractors and related bodies corporate, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits including, but not limited to, legal fees) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
- any use of the website or of the Information for whatever reason;
- any goods or services purchased or obtained from the website; or
- any transaction entered into through the website, whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.
If any law prohibits the exclusion of such liability, we limit our liability to the extent permitted by the law and at our option:
if the breach relates to goods supplied by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods; or
- the payment of the cost of having the goods repaired.
if the breach relates to services supplied by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
if the breach relates to the supply of Information:
- to the re-supply of that information.
FORCE MAJEURE
We are not liable for any delays in performing our obligations caused by circumstances beyond our reasonable control. We will endeavour to perform our obligations as soon as possible within a reasonable extension of time.
PROVISIONS SEVERABLE
If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms and Conditions.
So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
WAIVER
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions. Any waiver of any provision of the Terms and Conditions will be effective only if provided by us in writing. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement and understanding between us and you, and supersede all prior agreements, understandings, representations and warranties, whether express or implied.