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    • Terms of Service

    Last updated: June 6, 2026

    Overview

    Welcome to Birbaby USA. The terms “we,” “us,” and “our” refer to Birbaby USA. Birbaby USA operates this store and website, including related information, content, features, tools, products, and services in order to provide customers with an online shopping, gifting, order fulfillment, delivery, tracking, and support experience (the “Services”). This store is powered by Shopify, which enables us to provide the Services to you.

    These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access, browse, purchase from, or otherwise use the Services.

    Please read these Terms of Service carefully. They include important information about your legal rights and obligations, including warranty disclaimers, limitations of liability, order terms, delivery terms, and other conditions that apply to your use of the Services.

    By visiting, interacting with, placing an order through, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

    Section 1 - Access and Account

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your applicable jurisdiction and that you have the legal capacity to enter into these Terms.

    To use certain features of the Services, including browsing this website, using the custom baby gift builder, placing an order, tracking an order, or contacting support, you may be asked to provide certain information, such as your name, email address, phone number, billing information, payment information, shipping information, recipient information, and delivery details.

    You represent and warrant that all information you provide through the Services is accurate, current, complete, and that you have all rights and permissions necessary to provide that information, including recipient information and delivery instructions where applicable.

    You are responsible for maintaining the confidentiality of any account credentials you use in connection with the Services and for all activity that occurs under your account.

    Section 2 - Our Products

    Birbaby USA offers baby gifts, newborn gifts, baby gift baskets, custom baby gifts, keepsake gifts, corporate baby gifts, and related gifting products and services.

    We make reasonable efforts to provide accurate product descriptions, images, prices, availability, contents, and other information through the Services. However, product colors, appearance, packaging, presentation, scale, and details may vary from how they appear on your screen due to device settings, photography, lighting, display differences, or product availability.

    Product descriptions, images, prices, availability, contents, packaging, presentation, and related information are subject to change at any time without notice at our sole discretion.

    Products may include third-party branded items, seasonal items, specialty items, gift components, packaging materials, keepsake items, or other goods that may vary based on availability, fulfillment location, timing, and delivery area.

    Because product availability can vary, substitutions may occasionally be made when necessary. When substitutions are made, we aim to maintain the overall presentation, value, and gifting intent of the selected product.

    Section 3 - Custom Baby Gift Builder

    The Services may include a custom baby gift builder that helps customers create a baby gift by selecting or providing information such as recipient details, occasion, theme, product preferences, gift style, and available upgrades.

    Builder results, suggested products, upgrades, pricing, availability, delivery eligibility, and final gift contents may vary based on product availability, selected options, recipient location, and other operational factors.

    You are responsible for reviewing all custom gift selections, product details, recipient information, gift messages, pricing, taxes, delivery fees, and checkout information before submitting an order.

    Use of the custom baby gift builder does not guarantee that every selected product, upgrade, delivery option, or presentation detail will be available at the time of fulfillment.

    Section 4 - Orders

    When you place an order through the Services, you are making an offer to purchase the selected products and services. Birbaby USA reserves the right to accept, decline, limit, or cancel any order for any reason at its discretion.

    Your order is not accepted until Birbaby USA confirms acceptance. We must receive and process payment before an order is accepted, prepared, fulfilled, or delivered.

    Please review your order carefully before submitting it. This includes product selection, custom gift selections, recipient name, recipient address, phone number, delivery instructions, gift message, billing information, delivery date or delivery option, and all other order details.

    Birbaby USA may be unable to accommodate cancellation requests, edits, delivery changes, recipient changes, gift-message changes, or other modifications after an order is accepted or once preparation, fulfillment, or delivery coordination has begun.

    We may refuse, cancel, or limit orders that appear inaccurate, incomplete, fraudulent, abusive, duplicative, suspicious, in violation of these Terms, or otherwise unsuitable for fulfillment.

    Section 5 - Prices, Taxes, and Billing

    Prices, discounts, promotions, product availability, delivery fees, and related charges are subject to change without notice.

    Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, delivery fees, service fees, or other applicable charges. These charges may be calculated and displayed during checkout where applicable.

    You agree to provide current, complete, and accurate billing and payment information for all purchases made through the Services.

    By submitting payment information, you authorize us, Shopify, payment processors, and related service providers to charge the applicable payment method for the total amount of your order, including products, taxes, delivery fees, and any other applicable charges.

    Section 6 - Gift Messages and Recipient Information

    Birbaby USA is a gifting website. In many cases, the buyer may send an order to a different recipient.

    You are responsible for providing accurate recipient information, including recipient name, delivery address, phone number, building details, suite or unit number, company name where applicable, delivery instructions, and any other information needed to fulfill and deliver the order.

    If you include a gift message, card message, note, or other personalized content with an order, you are responsible for ensuring that the message is accurate, appropriate, and does not violate any law, third-party right, or these Terms.

    We reserve the right, but do not have the obligation, to decline, remove, or modify gift-message content that we determine, in our discretion, to be unlawful, abusive, offensive, inappropriate, misleading, infringing, or otherwise unsuitable.

    Section 7 - Shipping and Delivery

    Birbaby USA delivers to eligible U.S. delivery regions. Available delivery options may vary based on the recipient’s location, selected gift, product availability, fulfillment requirements, and order timing.

    Same-day delivery may be available in select supported areas, including NYC, LA, and Northern NJ, on eligible gifts. Same-day delivery is not available everywhere and is not guaranteed unless expressly confirmed in writing by Birbaby USA.

    Delivery dates, delivery windows, shipping times, same-day availability, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by Birbaby USA.

    Available delivery options are shown at checkout based on the recipient’s address and selected gift. The availability of a delivery option at checkout may depend on location, timing, product eligibility, fulfillment capacity, courier availability, weather, traffic, and other operational factors.

    We are not liable for shipping or delivery delays, failed delivery attempts, or delivery issues caused by carriers, couriers, delivery partners, weather, traffic, building access issues, recipient unavailability, incorrect or incomplete delivery information, restricted delivery locations, security desks, hospitals, offices, apartment buildings, force majeure events, or other circumstances outside our control.

    If a delivery cannot be completed because of incorrect information, recipient unavailability, restricted access, or other issues outside our control, additional fees, redelivery charges, delays, substitutions, cancellation limits, or other conditions may apply.

    Section 8 - Order Tracking and Support Tools

    The Services may include an order tracking widget, support widget, chat tool, contact form, or other support tools. These tools may be provided by Birbaby USA or by third-party service providers.

    Order tracking information may update as an order is prepared, fulfilled, dispatched, delivered, or otherwise processed. Tracking information may not always be available in real time and may be subject to delays, third-party data limitations, or operational updates.

    If you contact support about an existing order, you should provide your order number and relevant order details so that customer support can assist you more efficiently.

    Section 9 - Returns, Refunds, Cancellations, and Changes

    Return, refund, cancellation, and order-change eligibility may depend on the product, preparation status, fulfillment status, delivery status, customization, product type, and other operational factors.

    Because many orders are prepared for a specific recipient, delivery date, address, or gifting occasion, we may be unable to cancel, refund, change, or redirect an order once preparation, fulfillment, or delivery coordination has begun.

    Refunds, credits, replacements, redelivery, or other remedies, where available, are determined at the discretion of Birbaby USA and may be subject to our posted policies and applicable law.

    Shipping fees, delivery fees, service fees, and other charges may be non-refundable except where required by applicable law or expressly stated by Birbaby USA.

    Section 10 - Intellectual Property

    The Services, including trademarks, service marks, logos, brand names, text, product names, product descriptions, images, graphics, layouts, displays, videos, audio, website design, custom builder interface, and the selection and arrangement thereof, are owned by Birbaby USA, its affiliates, licensors, or service providers and are protected by applicable intellectual property laws.

    You may not copy, reproduce, distribute, modify, publish, display, perform, transmit, create derivative works from, sell, license, exploit, or otherwise use any part of the Services except as expressly permitted by these Terms or with our prior written consent.

    Section 11 - Optional Tools

    You may be provided with access to optional tools, widgets, apps, or third-party services as part of the Services. These may include order tracking tools, support tools, payment tools, delivery tools, analytics tools, checkout functions, or other ecommerce integrations.

    We do not control all third-party tools and may not monitor or control their functionality, availability, security, or accessibility.

    You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind, except where expressly required by applicable law.

    Section 12 - Third-Party Links

    The Services may contain materials, references, integrations, or hyperlinks to websites, apps, tools, or platforms provided or operated by third parties.

    We are not responsible for examining, evaluating, controlling, or guaranteeing third-party materials, websites, tools, services, policies, content, products, or functionality.

    Your use of third-party websites, tools, apps, or services may be subject to the terms and policies of those third parties.

    Section 13 - Relationship with Shopify

    This store is powered by Shopify, which enables us to provide the Services to you. Shopify may provide hosting, checkout, payment, analytics, fraud prevention, and other ecommerce functionality related to the Services.

    Any sales and purchases you make through this store are made directly with Birbaby USA, unless otherwise expressly stated. Shopify is not responsible for the products, fulfillment, delivery, customer support, substitutions, gift messages, or other order-specific matters provided by Birbaby USA.

    Section 14 - Privacy Policy

    All personal information we collect, use, disclose, or otherwise process through the Services is subject to our Privacy Policy.

    Certain personal information may also be collected or processed by Shopify, payment processors, delivery partners, customer support providers, order tracking tools, and other service providers as described in our Privacy Policy and as required to provide the Services.

    Section 15 - Feedback

    If you submit ideas, suggestions, feedback, reviews, proposals, plans, photos, comments, or other content to us, you grant Birbaby USA a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such feedback in any medium for any lawful purpose, including business, operational, promotional, and commercial purposes.

    You represent that any feedback or content you submit does not violate the rights of any third party and does not contain unlawful, abusive, misleading, infringing, or inappropriate material.

    Section 16 - Errors, Inaccuracies, and Omissions

    Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, omissions, pricing errors, product availability errors, delivery availability errors, product description errors, or other inaccuracies.

    We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services or in a related order is inaccurate at any time without prior notice, including after an order has been submitted.

    Section 17 - Prohibited Uses

    You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful, malicious, infringing, abusive, fraudulent, misleading, or unauthorized purpose.

    Without limiting the foregoing, you may not use the Services:

    • To violate any applicable law, regulation, rule, or ordinance;
    • To infringe or violate our intellectual property rights or the intellectual property rights of others;
    • To submit false, inaccurate, misleading, or incomplete order, billing, recipient, or delivery information;
    • To submit unlawful, abusive, harassing, defamatory, obscene, discriminatory, threatening, or otherwise inappropriate content, including through gift messages or support communications;
    • To interfere with or disrupt the security, functionality, operation, or performance of the Services;
    • To upload or transmit viruses, malware, malicious code, or other harmful material;
    • To collect, scrape, harvest, or track personal information of others without authorization;
    • To attempt to gain unauthorized access to any part of the Services, accounts, systems, or networks;
    • To place fraudulent, abusive, or unauthorized orders;
    • To use the Services for spam, phishing, impersonation, or other deceptive practices.

    We reserve the right to suspend, restrict, or terminate your access to the Services if we determine that you have violated these prohibited uses or any other provision of these Terms.

    Section 18 - Termination

    We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, including if we believe you have violated these Terms, applicable law, or the rights of Birbaby USA, customers, recipients, service providers, or third parties.

    The obligations and liabilities incurred before termination shall survive termination for all purposes.

    Section 19 - Disclaimer of Warranties

    The Services and products offered through the Services are provided “as is” and “as available,” except as expressly stated by Birbaby USA or required by applicable law.

    We do not guarantee that the Services will be uninterrupted, timely, secure, error-free, accurate, complete, accessible at all times, or free from defects.

    We do not warrant that the results obtained from use of the Services, including product recommendations, custom builder results, delivery options, order tracking updates, or support tools, will be accurate, reliable, current, or available at all times.

    Product availability, delivery options, delivery timing, product contents, packaging, substitutions, and presentation may vary as described in these Terms and related policies.

    Section 20 - Limitation of Liability

    To the fullest extent permitted by law, Birbaby USA and its affiliates, partners, officers, directors, employees, contractors, service providers, licensors, suppliers, fulfillment providers, delivery partners, and couriers shall not be liable for indirect, incidental, punitive, special, consequential, or exemplary damages arising from or related to your use of the Services, products, orders, delivery, fulfillment, support tools, order tracking tools, or inability to use the Services.

    To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services, products, orders, delivery, fulfillment, or these Terms shall not exceed the amount you paid to Birbaby USA for the specific order giving rise to the claim.

    Some jurisdictions do not allow certain limitations of liability, so some of the limitations above may not apply to you.

    Section 21 - Indemnification

    You agree to indemnify, defend, and hold harmless Birbaby USA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, fulfillment providers, delivery partners, and suppliers from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, your violation of applicable law, your misuse of the Services, your violation of third-party rights, or information you provide through the Services.

    Section 22 - Severability

    If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and the remaining provisions shall remain valid and enforceable.

    Section 23 - Waiver; Entire Agreement

    The failure of Birbaby USA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

    These Terms, together with any policies or operating rules posted by us on this website or referenced in these Terms, constitute the entire agreement between you and Birbaby USA regarding the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written.

    Section 24 - Assignment

    You may not transfer or assign these Terms or any rights or obligations under these Terms without our prior written consent.

    We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or business transfer.

    Section 25 - Governing Law

    These Terms shall be governed by the laws applicable in the jurisdiction where Birbaby USA is headquartered, without regard to conflict of law principles, unless otherwise required by applicable law.

    Nothing in these Terms limits any rights you may have under laws that cannot be waived or limited by contract.

    Section 26 - Changes to Terms of Service

    We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to this website.

    It is your responsibility to review these Terms periodically. Your continued access to or use of the Services after changes are posted constitutes acceptance of those changes.

    Section 27 - Contact Information

    If you have questions about these Terms of Service, please contact Birbaby USA through the Contact Us page on this website or through the support methods available on this website.

    You may also call customer support at (888) 325-0130.