TERMS OF SERVICE

Last updated: October 13, 2026

OVERVIEW

Welcome to The Brotherhood Of The Spoon ("TBOTS", "we", "us" or "our"). We operate this website and online store, including the information, content, features, tools, products and services made available through it (the "Services").

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with the policies referenced in them, govern your access to and use of our Services and your purchases from us.

Please read these Terms carefully. By accessing or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use our Services.

Nothing in these Terms excludes or limits any rights or remedies that cannot lawfully be excluded or limited under applicable law.

SECTION 1 — ACCESS AND ACCOUNT

You must be legally capable of entering into a binding agreement to use our Services and make purchases.

You may be asked to provide information such as your name, email address, billing details and shipping address when placing an order. You agree that the information you provide is accurate, current and complete.

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. You must notify us if you believe your account has been accessed without authorisation.

We reserve the right to restrict or suspend access to our Services where reasonably necessary, including in cases of suspected fraud, abuse or unlawful activity.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to describe and display our products accurately. Product photographs and colours may appear differently depending on your screen and device settings.

Please read the individual product descriptions carefully, including any information about materials, dimensions, included components, intended use and care.

Unless expressly stated otherwise, photographs and other content are intended to represent the product and may not show every minor variation in appearance.

We may update product descriptions, prices, availability and product ranges from time to time. Changes will not remove any rights you have under applicable law in relation to an existing purchase.

We reserve the right to discontinue products or limit quantities offered, subject to applicable law.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase the products selected. An order is subject to acceptance and successful payment processing.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, a pricing or listing error has occurred, payment cannot be verified, or we reasonably suspect fraud or an unauthorised transaction.

If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled order.

Please check your order carefully before submitting it. Once an order has been processed or dispatched, we may be unable to cancel or change it.

Purchases are subject to our Refund and Returns Policy.

Unless agreed otherwise in writing, products are sold for personal or household use. Any wholesale, trade or resale arrangements must be agreed with us separately.

SECTION 4 — PRICES AND BILLING

Prices are displayed in the currency indicated by our store. Prices, discounts and promotions may change without notice, but the price charged for an accepted order will be the price confirmed at checkout, subject to correction of genuine errors as permitted by law.

Shipping charges and any applicable taxes or other charges will be displayed at checkout where applicable. For international orders, import duties, customs charges and taxes may be payable by the customer unless expressly stated otherwise at checkout.

You agree to provide accurate billing, payment and contact information and to update it where necessary so that we can process your order and contact you about it.

You confirm that you are authorised to use the payment method provided and agree to pay the amounts shown at checkout, including applicable shipping charges and taxes.

If a genuine pricing or listing error is discovered, we may contact you to arrange correction or cancellation of the order, as permitted by applicable law. If an order is cancelled after payment, we will refund the amount paid for that order.

Promotions may have additional terms, which will be made available where applicable.

SECTION 5 — SHIPPING AND DELIVERY

We ship orders to the destinations and under the delivery options made available at checkout.

Delivery estimates are estimates only and may be affected by carrier delays, customs processing, weather, transport disruptions and other circumstances outside our reasonable control.

We will take reasonable steps to dispatch orders and assist with enquiries about delayed or missing shipments. If an order does not arrive, please contact us so we can investigate with the carrier.

You are responsible for providing a complete and accurate delivery address. Additional costs or delays arising from incorrect or incomplete address details may be your responsibility, to the extent permitted by law.

Risk in an order does not transfer to you in a way that removes any rights you may have under applicable consumer law. We remain responsible for meeting our legal obligations concerning delivery and non-delivery.

International customers are responsible for checking whether products may lawfully be imported into their country and for paying any applicable import duties, taxes or customs charges not collected at checkout.

SECTION 6 — INTELLECTUAL PROPERTY

The content on our Services, including our name, logos, branding, text, photographs, videos, graphics, product designs and other material, belongs to The Brotherhood Of The Spoon or its respective licensors and is protected by applicable intellectual property laws.

You may access and use our Services for personal, non-commercial purposes. You must not reproduce, distribute, modify, sell or commercially exploit our content without our prior written permission, except where permitted by law.

Nothing in these Terms grants you ownership of our intellectual property or permission to use our trademarks or branding without consent.

All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

Our Services may provide access to tools or features supplied by third parties. These tools may be subject to separate terms and privacy policies.

We do not control all third-party tools and cannot guarantee their availability or operation. Your use of them is subject to the applicable third-party terms.

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

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to third-party websites or services. These are provided for convenience and do not necessarily imply endorsement.

We are not responsible for the content, policies or operation of third-party websites that we do not control. You should review their terms and privacy policies before using them or making purchases from them.

Any dealings you have directly with third parties are between you and those parties, subject to any rights you may have under applicable law.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Brotherhood Of The Spoon is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Brotherhood Of The Spoon. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Brotherhood Of The Spoon, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Brotherhood Of The Spoon.

SECTION 10 — PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify processes certain information about your use of the store to provide and improve its services. Information may also be processed by payment providers, delivery services and other service providers where necessary to fulfil orders and operate our business.

Please read our Privacy Policy for details about the information we collect, how it is used and disclosed, and how you can contact us about privacy matters.

SECTION 11 — FEEDBACK AND REVIEWS

If you submit reviews, suggestions, comments or other feedback to us, you confirm that you have the right to provide it and that it does not unlawfully infringe another person's rights.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and share your feedback for purposes connected with operating and promoting our business, subject to applicable law.

We may moderate or remove feedback that we reasonably consider unlawful, fraudulent, abusive, misleading or in breach of these Terms. We are not required to publish every submission.

We will not represent reviews or endorsements in a misleading way.

SECTION 12 — ERRORS AND OMISSIONS

Occasionally, our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We may correct errors and update information where appropriate. If an error affects an order you have placed, we will deal with it in accordance with applicable law, including any applicable rights to cancel an order or receive a refund.

Nothing in this section allows us to disregard a binding order or a consumer's legal rights.

SECTION 13 — PROHIBITED USES

You must not use our Services for unlawful purposes or in a way that interferes with the security, operation or legitimate use of the website.

You must not attempt to gain unauthorised access to our systems, introduce malicious code, submit fraudulent information, impersonate another person, infringe intellectual property rights, misuse personal information, or engage in activity that disrupts our Services.

You must not use automated systems to access or extract information from our Services in a way that breaches applicable law, infringes our rights or circumvents reasonable security measures.

We may restrict or suspend access where we reasonably believe these Terms have been breached, subject to applicable law.

SECTION 14 — AUTOMATED AGENTS

Automated agents or software acting on behalf of a person or organisation must not access or interact with our Services in breach of applicable law, our reasonable security measures or the requirements imposed by Shopify.

Where applicable, automated agents must identify themselves accurately and must not conceal their automated nature, impersonate human users or circumvent access restrictions.

We may restrict automated access where reasonably necessary to protect our Services, customers or business.

SECTION 15 — TERMINATION

We may suspend or terminate access to our Services where reasonably necessary, including where these Terms are breached or there is suspected fraud, misuse or unlawful activity.

Termination does not affect rights or obligations that arose before termination, nor does it remove any rights that cannot lawfully be excluded.

Provisions which by their nature are intended to continue after termination will remain in effect, including those concerning intellectual property, feedback, liability, indemnification, governing law and interpretation.

SECTION 16 — WARRANTIES AND CONSUMER GUARANTEES

We aim to provide accurate information and products that meet their descriptions. However, we do not guarantee that our website will always be uninterrupted or error-free.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights apply in addition to any voluntary warranty we may offer. The availability of a remedy depends on the circumstances and applicable law.

SECTION 17 — LIMITATION OF LIABILITY

To the extent permitted by applicable law, we are not liable for losses that could not reasonably have been anticipated or for losses arising from matters outside our reasonable control.

Nothing in these Terms excludes or limits liability for matters where exclusion or limitation is prohibited by law, including applicable consumer guarantees and rights to compensation for reasonably foreseeable loss or damage resulting from a failure to meet those guarantees.

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

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to be responsible for losses or claims suffered by us to the extent they are caused by your unlawful use of our Services, your infringement of another person's rights, or your material breach of these Terms.

This section does not require you to indemnify us for losses caused by our own unlawful conduct or where such an obligation would be prohibited by law.

SECTION 19 — SEVERABILITY

If any part of these Terms is found to be unlawful or unenforceable, that part will be applied to the extent permitted by law or severed where necessary. The remaining provisions will continue to apply to the extent they remain valid and enforceable.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

These Terms, together with the policies and terms expressly referenced in them, form the agreement governing your use of our Services and purchases from our store.

If we do not enforce a provision on one occasion, this does not mean we waive our right to enforce it later.

Nothing in these Terms overrides rights or obligations imposed by applicable law.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written consent, except where permitted by law.

We may transfer or assign our rights and obligations in connection with a business restructure, sale or transfer of our business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia.

Subject to any mandatory rights or jurisdictional protections that apply to you under applicable law, disputes concerning these Terms may be dealt with by the courts of New South Wales, Australia.

Nothing in this section prevents a consumer from exercising rights under mandatory consumer protection laws that apply to their purchase.

SECTION 23 — HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

We may update these Terms from time to time by publishing a revised version on our website.

The updated version will state its effective date. Where required by law, we will provide notice of material changes.

Changes will not retrospectively remove rights or alter obligations in a way that is prohibited by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms or an order can be directed to:

The Brotherhood Of The Spoon

Email: the.brotherhood.of.the.spoon@gmail.com

Legal business name: The Brotherhood Of The Spoon

Business address: 2443

ABN: 58 792 248 568