Terms of service

Terms and Conditions

Last updated:25/07/2026

1. Overview

Welcome to NIBSY.

In these Terms and Conditions, the words “NIBSY,” “we,” “us” and “our” refer to NIBSY. The words “you” and “your” refer to visitors to our website and customers who purchase our products.

NIBSY operates this website and online store, including the information, content, features, tools, products and services made available through it. Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to offer our products to you.

These Terms and Conditions, together with our Privacy Policy, Shipping Policy and Returns and Refunds Policy, explain the conditions that apply when you access our website or purchase from us.

By accessing our website, placing an order or otherwise using our services, you agree to these Terms and Conditions. If you do not agree with them, you should not use our website or services.

Nothing in these Terms and Conditions excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

2. Eligibility and Account Information

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to place an order through our website.

When placing an order, you agree to provide current, complete and accurate information, including your name, email address, payment details and delivery address.

You are responsible for:

checking that your order and delivery details are correct;
keeping any account login information secure; and
notifying us promptly if you become aware of unauthorised activity involving your account.

You must not transfer, sell or provide access to your customer account to another person.

3. Product Information

We take reasonable care to ensure that product descriptions, photographs, measurements, colours, prices and other information displayed on our website are accurate.

However:

colours may appear differently depending on your screen and device settings;
handmade, moulded or manufactured products may have minor variations;
product packaging may change from time to time; and
images may contain props or styling items that are not included with the product.

These differences do not affect any rights you may have where a product is faulty, materially different from its description or otherwise fails to meet a consumer guarantee.

We may update product information, packaging, specifications or availability without notice. We may also discontinue a product or limit the quantity available for purchase.

4. Product Use and Safety

NIBSY products are designed as small sensory comfort tools for children.

They are not medical devices and are not intended to diagnose, treat, cure or prevent anxiety, illness or any medical or psychological condition. Information provided through our website or social media is general information only and is not a substitute for professional medical, psychological or therapeutic advice.

NIBSY products are not suitable for children under three years of age.

A responsible adult should:

supervise use where appropriate;
follow all warnings and care instructions supplied with the product;
inspect the product regularly for signs of damage, tearing or deterioration; and
stop use and dispose of the product safely if it becomes damaged or presents a possible safety risk.

NIBSY products should be used only for their intended purpose. They must not be placed fully inside the mouth, chewed aggressively or used in a way that conflicts with the instructions or warnings supplied with the product.

If you have concerns about whether a NIBSY product is suitable for a particular child, seek advice from an appropriately qualified professional.

5. Orders

When you place an order, you are offering to purchase the selected products subject to these Terms and Conditions.

Receiving an automated order confirmation does not necessarily mean that we have accepted your order. An order is accepted when payment has been successfully processed and we confirm that the order will be fulfilled.

We may decline or cancel an order where reasonably necessary, including where:

a product is unavailable;
there is an obvious pricing or product-description error;
payment cannot be authorised;
we reasonably suspect fraud or unauthorised activity;
an order exceeds applicable quantity limits; or
we cannot lawfully deliver the product to the nominated address.

If we cancel an order after payment has been received, we will refund the affected amount to the original payment method.

Please check your order carefully before submitting it. Once an order has entered processing or dispatch, we may be unable to change or cancel it.

Returns and refunds are handled in accordance with our Returns and Refunds Policy and Australian Consumer Law.

Products purchased through our retail stockists are subject to the stockist’s purchasing and returns process. Your rights under Australian Consumer Law remain unaffected.

6. Pre-orders

Where a product is offered for pre-order, the expected dispatch or availability date is an estimate only.

Manufacturing, freight, customs or other circumstances outside our reasonable control may affect the expected date. We will provide updates where there is a significant delay.

If we cannot supply a pre-ordered product within a reasonable time, you may contact us to discuss the available options, including cancellation and a refund where required by law.

Any product described as a surprise, mystery or unrevealed character may not be returned solely because the customer would have preferred a different character, except where a return right applies under Australian Consumer Law.

7. Prices and Payment

All prices displayed on our website are in Australian dollars unless stated otherwise.

Prices may include Australian Goods and Services Tax where applicable. Delivery charges, international taxes, customs duties and other applicable charges will be displayed or explained separately where possible.

Prices, discounts and promotional offers may change without notice. The price applying to your purchase will generally be the price displayed when you submit your order.

You agree to provide accurate and authorised payment information. By submitting payment details, you confirm that you are authorised to use the selected payment method.

If an obvious pricing error occurs, we may contact you to offer the option of proceeding at the correct price or cancelling the order for a full refund.

8. Promotions and Discount Codes

Promotions and discount codes may be subject to separate conditions, including:

commencement and expiry dates;
minimum purchase amounts;
product exclusions;
customer or usage limits; and
restrictions on combining offers.

Unless expressly stated otherwise, only one discount code may be used per order.

Discount codes have no cash value and cannot be exchanged for money. We may withdraw or correct a promotion where it has been published in error, subject to applicable law.

9. Shipping and Delivery

Delivery timeframes displayed on our website are estimates and are not guaranteed.

Delivery may be affected by carrier delays, weather events, customs processing, public holidays, incorrect delivery information or other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate delivery address. Additional delivery costs caused by an incorrect or incomplete address may be charged to you where reasonable.

We remain responsible for fulfilling your order in accordance with Australian Consumer Law. If your order is significantly delayed, lost or arrives damaged, contact us at infonibsy@gmail.com so we can investigate and provide an appropriate solution.

Please refer to our Shipping Policy for further information.

10. Returns and Refunds

We do not accept returns or exchanges simply because a customer changes their mind.

If an item is faulty, damaged, incorrect or materially different from its description, you may be entitled to a repair, replacement, refund or another remedy under Australian Consumer Law.

Our Returns and Refunds Policy explains how to report an issue and request assistance.

Nothing in our Returns and Refunds Policy or these Terms and Conditions limits any rights or remedies that cannot lawfully be excluded.

11. Intellectual Property

Unless otherwise stated, all content available through the NIBSY website and services is owned by or licensed to NIBSY.

This includes:

the NIBSY name and logo;
character names, character designs and illustrations;
product designs and sensory patterns;
photographs, videos and graphics;
written content, stories and product descriptions;
packaging designs; and
the selection and arrangement of website content.

This content is protected by applicable copyright, trademark, design and other intellectual-property laws.

You may access and use our website for your personal, non-commercial use.

Without our prior written permission, you must not:

reproduce, copy, modify or distribute our content;
use our product or character designs to manufacture or sell competing products;
use our photographs or videos for commercial purposes;
remove copyright, trademark or ownership notices;
represent that you are associated with or endorsed by NIBSY; or
use the NIBSY name, branding or content in a way that may confuse or mislead others.

No licence or ownership right is granted to you except for the limited personal use expressly permitted by these Terms and Conditions.

Shopify’s name, logo and related trademarks belong to Shopify or its licensors.

12. Reviews, Photographs and Other Customer Content

You may choose to submit reviews, photographs, comments, suggestions or other content to us.

You confirm that:

you own the content or have permission to provide it;
the content is accurate and is based on your genuine experience;
it does not infringe another person’s rights;
it does not contain confidential, unlawful, defamatory, abusive or misleading material; and
you have obtained appropriate consent before submitting an identifiable image of another person, including a child.

By submitting content to us, you grant NIBSY a non-exclusive, worldwide, royalty-free licence to reproduce, display, adapt and use that content for operating, promoting and improving NIBSY.

We will not knowingly use an identifiable photograph of a child in public marketing without appropriate permission.

Where content was provided as part of a paid, gifted or incentivised collaboration, that relationship must be disclosed.

We may remove content that we reasonably consider unlawful, misleading, offensive, inappropriate or inconsistent with these Terms.

13. Third-Party Services and Links

Our website may use or link to services operated by third parties, including payment providers, delivery companies, social-media platforms and Shopify applications.

We do not control third-party websites or services and are not responsible for their independent content, security, availability or privacy practices.

Your use of a third-party service may be subject to that provider’s own terms and policies. You should review those terms before using the service or providing personal information.

Nothing in this section excludes liability that cannot lawfully be excluded.

14. Shopify

Our online store is hosted by Shopify.

Purchases made through our store are transactions between you and NIBSY. Shopify provides the ecommerce platform but is not the seller of NIBSY products.

Your use of Shopify-supported website features may also involve Shopify processing certain information in accordance with its own terms and privacy practices.

15. Privacy

We collect, use and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted by Shopify, information submitted through the website may be processed by Shopify and by service providers located in Australia or overseas.

Please review our Privacy Policy for information about:

what information we collect;
how we use and disclose it;
service providers and overseas data handling;
marketing communications;
cookies and analytics;
information security; and
how to contact us about privacy matters.

16. Errors and Availability

Occasionally, our website may contain an error, inaccuracy or omission relating to product descriptions, prices, promotions, delivery charges, availability or estimated delivery times.

We may correct information and update the website where reasonably necessary.

If an error materially affects an order you have placed, we will contact you and provide an appropriate option, which may include confirming the corrected information or cancelling the affected order and issuing a refund.

We do not guarantee that our website will always be available, uninterrupted, secure or free from technical errors.

17. Prohibited Uses

You must not use our website or services:

for an unlawful, fraudulent or malicious purpose;
to infringe our intellectual-property rights or the rights of another person;
to harass, threaten, abuse or harm another person;
to submit false, misleading or fraudulent information;
to introduce viruses, malicious code or harmful technology;
to interfere with the operation or security of the website;
to collect another person’s personal information without authority;
to send spam or unauthorised promotional material;
to impersonate another person or business;
to scrape, copy or extract website content for commercial use without permission; or
to circumvent security or access restrictions.

We may suspend or restrict access to our website where we reasonably believe these Terms have been breached or where action is necessary to protect NIBSY, our customers or the operation of the website.

18. Disclaimer

Information provided through our website, blog, emails and social-media accounts is general information only.

While we take reasonable care in preparing our content, we do not guarantee that every piece of information will always be complete, current or suitable for every individual circumstance.

Any statements concerning calm, comfort, confidence, positive thinking, friendship, bravery or emotional support describe the intended purpose or general experience of NIBSY products. Individual experiences may vary.

Nothing on our website constitutes medical, psychological, therapeutic, legal or other professional advice.

This section does not exclude any warranty, consumer guarantee or other right that cannot lawfully be excluded.

19. Limitation of Liability

To the extent permitted by law, NIBSY is not liable for indirect, incidental, special or consequential loss arising from your use of the website or products where that loss was not reasonably foreseeable.

NIBSY is not responsible for loss caused by:

use of a product contrary to its instructions or warnings;
continued use of a visibly damaged product;
unauthorised alteration of a product;
inaccurate information provided by the customer; or
circumstances outside our reasonable control.

However, nothing in these Terms and Conditions excludes, restricts or modifies:

consumer guarantees under Australian Consumer Law;
liability for personal injury caused by negligence where that liability cannot lawfully be excluded;
liability for fraud or wilful misconduct; or
any other right or liability that cannot lawfully be excluded.

Where our liability may lawfully be limited, it will be limited only to the extent permitted by applicable law.

20. Indemnity

To the extent permitted by law, you agree to compensate NIBSY for reasonable losses, costs or claims arising directly from:

your unlawful use of our website;
your material breach of these Terms and Conditions;
your infringement of another person’s rights; or
content you submit without the necessary ownership, authority or consent.

This obligation will not apply to the extent that a loss was caused or contributed to by NIBSY.

21. Suspension and Termination

We may suspend or terminate your access to our website or customer account where reasonably necessary, including where:

you materially breach these Terms and Conditions;
we reasonably suspect fraudulent or unlawful activity;
your use creates a security risk; or
suspension is required to protect another person’s rights.

Termination does not affect rights or obligations that arose before termination.

Sections concerning intellectual property, customer content, liability, indemnity and governing law continue to apply where their nature requires them to survive termination.

22. Events Outside Our Reasonable Control

We are not responsible for a delay or failure to perform an obligation caused by circumstances outside our reasonable control.

These circumstances may include natural disasters, severe weather, transport disruption, industrial action, public-health emergencies, government restrictions, telecommunications outages, manufacturing disruption or customs delays.

We will take reasonable steps to minimise the effect of the disruption and communicate significant delays where practicable.

This section does not limit your rights where products cannot be supplied within a reasonable time.

23. Severability

If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be read down to the extent necessary.

If it cannot be read down, it will be removed without affecting the remaining provisions.

24. No Waiver

If we do not immediately exercise a right under these Terms and Conditions, that does not mean we have waived that right.

A waiver is effective only when clearly provided in writing.

25. Entire Agreement

These Terms and Conditions and the policies referred to in them form the agreement between you and NIBSY concerning your use of our website and online store.

They replace previous versions of our website terms but do not override representations or rights that cannot lawfully be excluded.

26. Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia, and the applicable laws of the Commonwealth of Australia.

You and NIBSY submit to the jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

Nothing in this section prevents a consumer from exercising a right available under applicable consumer-protection law.

27. Changes to These Terms

We may update these Terms and Conditions from time to time to reflect changes to our business, website, products or legal obligations.

The current version will be published on this page with the date it was last updated.

Changes will apply from the date they are published unless otherwise stated. Changes will not retrospectively reduce rights relating to an order already accepted.