Legal Stuff

TERMS & CONDITIONS:

GENERAL

Welcome to the BIBI VIRO website.

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 accessing or attempting to use 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

Phone: +61 3 9415 1277

Registered Office: 7/97 Westgarth Street, Fitzroy, Victoria 3065 Australia

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 section below. 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 the age of 18 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 will not transmit or distribute any form of malicious computer program or post material which is in any way offensive or obscene; and
  • You will not hack into any aspect of the website, corrupt data, cause annoyance to other users, infringe upon the rights of any other person or send any unsolicited advertising or promotional material.

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 over 18 years of age, 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 your 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 and 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 this is recorded by the Carrier 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 which 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. You are responsible for the payment of GST as well as for the payment of any other associated taxes or duties. Any change to the GST rate will automatically be applied to the prices of our goods.

For overseas customers prices shown on the website are inclusive of shipping charges but may be subject to the application of other incidental charges (such as a local tax or duty), which it is your responsibility to pay.

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.

PAYMENT OPTIONS

We accept MasterCard and Visa credit / debit cards 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 specified 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.

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.

PRIVACY POLICY:

Access to the website is conditional on your acceptance of the terms of our Privacy Policy. By accessing or attempting to use the website, you consent to the collection, storage, use and dissemination of your personal information in accordance with our Privacy Policy and as otherwise permitted under the Privacy Act 1988.

CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If after you elected to receive marketing communications from us, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information by emailing us at info@bibiviro.com

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

COOKIES

Cookies are small programs that enhance your use of the Internet and specifically we use cookies to enhance your usage of the website.

Information about your use of the website is collected using server access logs and tracking cookies, which attach to the memory of your computer, to compile statistics that help us make the website more useful to our visitors and to better understand how and when it is used.

This information is not linked to any personal information you may provide and cannot be used to identify you.

SHARING

We give you access to third party partners to provide you with certain services. If you choose to receive services from our third party partners, then you are deemed to have consented to us providing your personal information to these third parties.

For example, we use outside shipping companies to ship orders and a credit card processing company to bill users for goods and services. It is necessary for us to provide your personal information to these companies in order that we can process and deliver your order.

We do not provide these companies with your personal information to be used for any secondary purposes.

SHOPIFY

The website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our goods and services to you.  Your data is stored through Shopify’s data storage, databases and the general Shopify application.

THIRD PARTY SITES

Although the website may link directly to websites operated by third parties (Linked Sites) you acknowledge that Linked Sites are not operated by us. We encourage you to always read the applicable privacy statement on entering a Linked Site.

We are not responsible for the content or practices of a Linked Site, nor their privacy policies regarding the collection, storage, use and dissemination of your personal information.

SUBSCRIPTION

If you wish to subscribe to our ‘newsletter’ we ask for your email address so that we can inform you of new releases, news and special events.

Out of respect for your privacy we provide a way for you to opt-out of these communications.

COMPETITIONS & SURVEYS

From time to time, we may request information from you via competitions or surveys. Participation is completely voluntary and you therefore have a choice whether or not to disclose this information.

Information requested may include contact information or demographic information (such as postcode or age level). Contact information will be used to notify winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the website.

SECURITY

We take every reasonable precaution to protect our users' information (although, given the nature of the internet, security cannot be guaranteed).

When our checkout process requires you to enter personal information (such as a credit card number and other personal details), we use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.

While on a secure page a lock icon appears in the address bar of your Web browser.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change our Privacy Policy at any time. Changes will take effect immediately upon their posting on the website.

We will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances.

You will be deemed to have consented to any variations to our Privacy Policy by your continued use of the website following such variations being made.

We will use information in accordance with our Privacy Policy applicable at the time the information was collected.

However, if you have opted out of all communication with the website, or deactivated/unsubscribed your account, then your personal information will not be used in this new manner.

CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you please email us at info@bibiviro.com