Terms of Service

Last updated: June 6, 2026

Overview

Welcome to Birbaby Canada. The terms “we,” “us,” and “our” refer to Birbaby Canada. Birbaby Canada operates this store and website, Birbaby.ca, including all related information, content, features, tools, products, and services in order to provide you, the customer, with an online shopping, custom baby gift building, order fulfillment, delivery, and customer support experience (the “Services”). Birbaby.ca is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein, these “Terms of Service” or “Terms,” describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our 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 Privacy Policy, you should not use or access 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 have the legal capacity to enter into these Terms.

To use the Services, including accessing or browsing our online store, building a custom baby gift, placing an order, tracking an order, or purchasing any products or services we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information, recipient information, shipping information, delivery instructions, and gift-message information.

You represent and warrant that all information you provide through our store is correct, current, and complete, and that you have all rights necessary to provide this information, including recipient information where you are sending a gift to another person.

You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Services and for all activity under your account.

Section 2 - Our Products

Birbaby Canada offers baby gifts, baby gift baskets, newborn gifts, custom baby gifts, baby shower gifts, keepsake gifts, and related gift add-ons. We have made reasonable efforts to provide accurate representations of our products and services in our online store.

However, colors, product appearance, packaging, gift presentation, scale, and arrangement may differ from how they appear on your screen due to the device you use to access the store, your device settings, product availability, packaging availability, and preparation requirements.

Product descriptions, images, prices, availability, contents, gift components, add-ons, packaging, and delivery eligibility are subject to change at any time without notice at our sole discretion.

Because products may include seasonal items, specialty goods, branded baby products, keepsake items, packaging materials, or customized gift components, substitutions may be made when necessary. When substitutions are made, we aim to maintain the overall intent, value, and presentation of the selected product.

Some products may include third-party branded products. References to third-party brands are for product identification only and do not imply endorsement, sponsorship, or affiliation unless expressly stated.

Section 3 - Custom Baby Gift Builder

Birbaby Canada may provide a custom baby gift builder as part of the Services. The custom baby gift builder allows customers to answer questions, choose a theme, review selections, edit selections, choose add-ons, and send selected items to cart.

Custom gift builder results are based on available product rules, product availability, selected preferences, theme logic, add-on availability, and operational requirements. Builder recommendations, summaries, and selected products are not guaranteed to remain available until checkout is completed and payment is processed.

You are responsible for reviewing all custom gift selections, add-ons, gift messages, delivery information, recipient information, prices, and cart contents before submitting your order.

Customized products or custom baby gifts may be subject to additional preparation time and may not be eligible for cancellation, modification, refund, or return once preparation, fulfillment, or delivery coordination has begun, except where required by applicable law.

Section 4 - Orders

When you place an order, you are making an offer to purchase. Birbaby Canada reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Birbaby Canada confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Birbaby Canada may be unable to accommodate cancellation requests after an order is accepted or once product preparation, customization, fulfillment, shipping, or delivery coordination has begun.

We reserve the right to refuse, cancel, limit, or modify orders where we believe an order contains inaccurate information, unavailable products, pricing errors, delivery restrictions, suspected fraud, abuse, or any other issue affecting fulfillment or compliance with these Terms.

If an order is cancelled after payment has been processed, we will issue any applicable refund according to our policies and applicable law.

Section 5 - Prices and Billing

Prices, discounts, product charges, delivery charges, and promotions are subject to change without notice. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, delivery fees, customs, import charges, or other applicable charges.

You agree to provide current, complete, and accurate billing and payment information. You authorize us and our payment processors to charge the payment method provided for the total amount of your order, including applicable taxes, delivery charges, shipping charges, and other fees shown at checkout.

We reserve the right to correct pricing errors, typographical errors, promotional errors, or other inaccuracies and to cancel or adjust affected orders where permitted by law.

Section 6 - Shipping and Delivery

Birbaby Canada provides delivery and shipping options across eligible Canadian delivery regions. Delivery availability, delivery timing, shipping methods, same-day eligibility, and delivery fees may depend on product selection, customization requirements, recipient address, delivery region, order timing, inventory availability, courier availability, and other operational factors.

Delivery dates, delivery windows, shipping times, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by Birbaby Canada.

Same-day delivery may be available on eligible products and in eligible delivery regions. Same-day availability is not guaranteed for every product, custom gift configuration, delivery address, or order time. Available options are shown where applicable during the shopping or checkout process.

We are not liable for shipping or delivery delays caused by carriers, couriers, weather, traffic, building access issues, hospital or facility policies, recipient unavailability, incorrect or incomplete delivery information, security restrictions, customs processing, force majeure events, or other circumstances outside our control.

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

If a delivery cannot be completed due to incorrect information, recipient unavailability, refusal, building access restrictions, or other issues outside our control, additional fees, redelivery charges, delays, substitutions, or cancellation limitations may apply.

Section 7 - Recipient Information and Gift Messages

Because Birbaby Canada is a gifting website, you may provide personal information about a gift recipient. You represent that you have the authority or permission necessary to provide recipient information for the purpose of preparing, fulfilling, delivering, tracking, and supporting an order.

If you include a personalized gift message, greeting card message, delivery note, or other written content, you are responsible for ensuring that the content is accurate, lawful, non-infringing, and appropriate. We reserve the right to refuse or remove gift-message content that we determine, in our discretion, to be unlawful, abusive, offensive, misleading, discriminatory, or otherwise inappropriate.

Section 8 - Perishable, Seasonal, and Specialty Products

Some gifts may include items that are seasonal, limited-availability, specialty, fragile, temperature-sensitive, or otherwise subject to availability and handling requirements. Product availability may vary by season, region, supplier, fulfillment location, and delivery timing.

We may substitute products, packaging, containers, colors, or components when necessary. When substitutions are made, we aim to maintain the overall intent, value, and presentation of the selected gift.

Section 9 - Alcohol and Restricted Products

Birbaby Canada does not currently present alcohol or regulated products as a standard part of the Services described in these Terms. If restricted products are ever offered, availability may depend on applicable laws, recipient location, product availability, delivery rules, and age or identity verification requirements.

We reserve the right to refuse, cancel, or modify any order where a product, add-on, delivery request, or recipient location would create a legal, regulatory, safety, or operational concern.

Section 10 - Returns, Refunds, Cancellations, and Order Changes

Return, refund, cancellation, and order change eligibility may depend on the product, order status, customization status, fulfillment status, delivery status, and applicable law.

Orders that include customized gifts, personalized messages, specialty components, prepared gift baskets, or time-sensitive delivery coordination may not be eligible for cancellation or modification once preparation, fulfillment, or delivery coordination has begun.

If you need to request a cancellation, change, refund, or order update, please contact us as soon as possible through the support methods listed on this website. Submitting a request does not guarantee that the request can be accommodated.

Section 11 - Intellectual Property

Our Services, including trademarks, service marks, trade names, logos, text, displays, images, graphics, product descriptions, product names, reviews, video, audio, software, features, tools, page layouts, and the design, selection, and arrangement thereof, are owned by Birbaby Canada, its affiliates, service providers, or licensors and are protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, or exploit any part of the Services except as permitted by these Terms or applicable law.

Section 12 - Optional Tools and Website Features

You may be provided with access to customer tools, embedded features, widgets, applications, or integrations as part of the Services. These may include the custom baby gift builder, support widget, order tracking widget, payment tools, delivery tools, analytics tools, or other third-party tools.

Some tools may be provided by third parties. We may not monitor, control, or have full technical authority over all third-party tools. Use of optional tools may be subject to additional terms or privacy practices from the applicable provider.

We provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind, except where required by applicable law.

Section 13 - Third-Party Links

The Services may contain materials, integrations, or hyperlinks to websites, tools, or platforms provided or operated by third parties. We are not responsible for examining or evaluating third-party materials, tools, services, websites, or platforms you choose to access.

We are not liable for any harm or damages related to the purchase, use, or reliance on goods, services, resources, content, or any other transactions made in connection with third-party websites or services.

Section 14 - Relationship with Shopify

Birbaby.ca is powered by Shopify, which enables us to provide the Services to you. Shopify provides ecommerce platform services, including hosting, checkout, payment-related functionality, order management, security features, and related tools.

However, any sales and purchases you make through our store are made directly with Birbaby Canada, unless expressly stated otherwise.

Section 15 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s privacy practices or the privacy practices of third-party providers used to support checkout, payment processing, customer support, order tracking, delivery, analytics, or other services.

Section 16 - Feedback

If you submit ideas, suggestions, feedback, reviews, proposals, plans, photos, comments, or other content to us, you grant Birbaby Canada a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and otherwise use such feedback in any medium for any lawful purpose, including commercial purposes, without restriction or compensation to you, except where prohibited by applicable law.

You agree that your feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

Section 17 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions, including errors related to product descriptions, pricing, promotions, offers, delivery charges, transit times, availability, product contents, images, or delivery eligibility.

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 is inaccurate at any time without prior notice, including after you have submitted your order, where permitted by applicable law.

Section 18 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services:

• For any unlawful, fraudulent, abusive, misleading, or malicious purpose
• To violate any applicable law, regulation, rule, or ordinance
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To submit false, inaccurate, misleading, or unauthorized information
• To interfere with or circumvent the security features of the Services
• To transmit viruses, malware, harmful code, or other disruptive technologies
• To scrape, crawl, copy, harvest, or collect information from the Services without authorization
• To harass, abuse, insult, harm, defame, intimidate, or discriminate against any person
• To interfere with the operation of the Services, Shopify, payment systems, support tools, order tracking tools, delivery tools, or related service providers

We reserve the right to terminate your use of the Services for violating any prohibited use.

Section 19 - 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 if we believe you have violated these Terms, applicable law, or the rights of Birbaby Canada or others.

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

Section 20 - Disclaimer of Warranties

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

We do not warrant that the Services will be uninterrupted, timely, secure, error-free, accurate, complete, or available at all times. We do not warrant that results obtained from use of the Services, including the custom baby gift builder, product recommendations, delivery estimates, or order tracking tools, will be accurate or reliable in every circumstance.

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

Section 21 - Limitation of Liability

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

To the fullest extent permitted by law, our liability for any claim arising from or related to the Services or any product purchased through the Services shall be limited to the amount paid by you for the product or service giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

Section 22 - Indemnification

You agree to indemnify, defend, and hold harmless Birbaby Canada, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, fulfillment providers, and delivery partners from any claim, demand, liability, loss, damage, cost, or expense, including reasonable legal fees, arising out of your breach of these Terms, your violation of applicable law, your violation of third-party rights, your misuse of the Services, or information you provide through the Services.

Section 23 - 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, and the unenforceable portion shall be deemed severed from these Terms. The remaining provisions shall remain valid and enforceable.

Section 24 - Waiver; Entire Agreement

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

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

Section 25 - Assignment

You may not transfer or assign these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or transfer of all or part of the business.

Section 26 - Governing Law

These Terms shall be governed by the laws applicable in the Canadian jurisdiction where Birbaby Canada is headquartered, without regard to conflict of law principles, except where applicable consumer protection laws require otherwise.

Section 27 - 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. The updated version will be effective when posted, unless otherwise stated.

Your continued use of the Services after any changes are posted constitutes acceptance of those changes.

Section 28 - Contact Information

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

You may also contact Birbaby Canada support by phone at 888-688-9627.