Thank you for visiting Zibbo (the “Site”). We have prepared the information below to ensure that your experience on our Site is one you’ll want to repeat again and again. We provide this Site as a service to our customers. This page provides information on:

  • The terms and conditions on which we sell and supply our products to you via the Site (“Terms of Sale”)
  • The terms and conditions on which you can use the Site (“Terms of Use”)

The Terms of Sale and the Terms of Use are collectively referred to as the “terms and conditions”.

Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.

Please note that by using the Site and/or placing an order for products from us, you agree to follow and be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Although you may ‘bookmark’ a particular portion of this Site and thereby bypass these terms and conditions, your use of this Site still binds you to the terms and conditions.

We reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Site.

Should you have any questions concerning any of our policies, you can email our Support team at info@zibbo.com.au or use the free text form available on our Contact Us page.

 

TERM OF USE


Your use of the Site is subject to these Terms of Use.


Usage Restrictions; Intellectual Property

Unless otherwise noted, all design and content featured on the Site – including navigational buttons and images, artwork, graphics, photography, text, and the like – are subject to copyrights, trademarks, trade dress and/or other intellectual property rights that are owned, controlled or licensed by or to Zibbo. All such rights are reserved.

The content the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by users of our Site. Any use of our Site and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Zibbo.

You may download, print or store any of the page contents displayed on the Site, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.


User Comments, Feedback and Other Submissions

While we welcome your comments and feedback regarding our products and services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Site or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions (collectively, the “Comments”) that are disclosed or submitted to us on or by this Site, or otherwise disclosed, submitted or offered in connection with your use of this Site, shall become and remain the property of Zibbo. Such disclosure, submission or offer of any Comments shall (to the extent permitted by applicable laws) constitute an assignment to us of all worldwide rights, titles and interests in or to such Comments (or, to the extent that an assignment is not effective, a worldwide, perpetual, irrevocable and royalty-free licence to use such Comments for any purpose) and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.


Correction of Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.


Enforcement of Terms of Use

These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by English law. The courts of Australia shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.


Indemnification

You agree to indemnify, defend, and hold harmless Zibbo, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyers’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.


Third Party Links

In an attempt to provide increased value to our visitors, we may choose various third-party websites to link to from the Site. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions and we are not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on not only this Site, but for sites we link to as well (including if a specific link does not work).


Disclaimer

Given the unpredictability of technology and the online environment, Zibbo does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site (1) you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Site, and (2) you agree that your access will be subject to these terms and conditions and that access is undertaken at your own risk.


Limitation of Liability

Nothing in these Terms of Use excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH (1) USE OF, OR INABILITY TO USE, OUR SITE, OR (2) USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.

TERM OF SALE


All sales of products made via the Site are subject to these Terms of Sale.


Placing Orders and Contract Creation

The steps for placing an order on the Site and for forming a contract with us are as follows:

  • You will be guided through the ordering process by a series of instructions on the Site. You place your order at the end of this process by clicking on the “BUY NOW” button. You can review/amend your order at any time before clicking on the “BUY NOW” button. Unfortunately orders cannot be amended once they have been placed.
  • Once you have placed your order, we will send to you an order confirmation email detailing the products you have ordered. This is not an acceptance of your order by us. Your order is an offer to buy a product or products from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation email, as below.
  • As your product or products is/are shipped from the warehouse we will send you a dispatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. The dispatch confirmation email will contain:
    • Details of your order
    • Anticipated delivery date for your order or orders (if shipped separately)
    • Information regarding your right to cancel the contract formed with us
  • Please check the details of the order confirmation email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting Support Team by email at info@zibbo.com.au or by using the free text form available on our Contact Us page.
  • The contract between us for products sold via the Site will be concluded in English. We will not file the specific details of your contract. If you do require any information regarding orders you have placed with us, please check your order history on the Site (if you have an account with us) or write to us at the address set out above.

Product Descriptions

We endeavour to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in product prices, item availability, or in any way affects your individual order.

Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either express or implied. Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate and some colours may vary.

We reserve the right to amend errors or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). If your card/PayPal account has already been charged for the purchase and your order is cancelled, we shall issue a credit to you in the amount of the incorrect price.


Product Availability

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, give you an estimated date of when the product is due to be back in stock and available for dispatch to you. Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged).


Pricing and Payment

The price of products is quoted on the Site in AUD($) and excludes GST, (where applicable). Prices quoted exclude delivery costs which are added to the total cost of the order during the order process, but before you click on the “BUY NOW” button. Delivery costs include GST (where applicable).

Despite our best efforts, some products may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order(s) has/ve been confirmed and your card/PayPal account charged. If your card/PayPal account has already been charged for such a purchase and your order is cancelled, we will issue a refund to your card/PayPal account (as applicable) in the amount of the incorrect price.


Delivery

USEFUL INFORMATION

  • We aim to dispatch orders placed before 2.00 p.m. on the same day.
  • We deliver across Australia between 9.00 a.m. – 5.00 p.m., Monday to Friday (excluding Public Holidays).
  • Although we use all reasonable means to ensure that your order is delivered within a specified time, we cannot accept responsibility for late deliveries due to circumstances outside of our control. We will inform you of any unexpected delay.
  • During extremely busy periods: Black Friday and Christmas holidays, we may need to slightly extend our delivery window. This will be by exception only. Please reach out to customer service if you have any questions or concerns regarding your order.

We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won’t apply to orders already placed.

We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 45 business days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 45 business days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Returns Policy for more information on your right to cancel.


Warranties and Disclaimers

IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER: UNLESS SPECIFIC WARRANTIES ARE EXPRESSLY GIVEN WHEN YOU PURCHASE PRODUCTS FROM OUR SITE (FOR EXAMPLE, A MANUFACTURER’S WARRANTY), WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES IN RESPECT OF SUCH PRODUCTS OVER AND ABOVE THOSE IMPLIED BY APPLICABLE LAW (THESE INCLUDE, FOR EXAMPLE, THAT THE PRODUCTS ARE OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THAT KIND ARE COMMONLY SUPPLIED). WE REMAIN RESPONSIBLE, HOWEVER, FOR SUPPLYING PRODUCTS THAT CONFORM TO THE CONTRACT. IF YOU ARE PURCHASING PRODUCTS FROM US AS A BUSINESS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Limitation Of Liability

Nothing in these Terms of Sale excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement or repair where products supplied are not of satisfactory quality.

SUBJECT TO THE ABOVE, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF SALE (FOR EXAMPLE, IF THE LOSS OR DAMAGE WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT). IN ANY EVENT, WE ARE NOT LIABLE FOR: (1) ANY LOSSES, HOWSOEVER ARISING, RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION; OR (2) ANY SPECIAL OR INDIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, UNLESS THAT LOSS OR DAMAGE IS FORESEEABLE TO BOTH OF US AT THE TIME WE ENTERED INTO A CONTRACT.


Promotional Codes

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. For example, unless expressly permitted for a particular promotional code, you cannot use a student discount in combination with another promotional code. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.


General

Only you and we shall have any rights to enforce any term of the contract formed between us.

The contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.

If any of these Terms of Sale or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.

To the maximum extent permitted by applicable laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed by Australian law. The courts of Australia shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter.