Terms of Service

Bob's Brittle | bobsbrittle.com.au | ABN 65 191 892 427

Last updated: March 10, 2026

1. Introduction & Acceptance

Welcome to Bob's Brittle (ABN 65 191 892 427). These Terms of Service ("Terms") govern your access to and use of our website, online store, products, and related services ("Services") operated by Bob's Brittle at bobsbrittle.com.au.

By accessing, browsing, or using the Services (including placing orders), you agree to these Terms and our Privacy Policy at https://www.bobsbrittle.com.au/policies/privacy-policy. If you do not agree, do not use the Services.

We may update these Terms at any time. Material changes will be notified via email or site notice. Continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

 

2. Eligibility & Account

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using them, you confirm this and that any minor dependents using the Services on your devices do so under your supervision.

Account information you provide must be accurate, current, and complete. You are responsible for maintaining the security of your account and all activity that occurs under it. Notify us immediately of any unauthorised use at admin@bobsbrittle.com.au.

 

3. Products & Descriptions

We aim to provide accurate product descriptions, images, and pricing. However:

•        Colours and appearance may vary due to device display settings

•        Products (including brittle and candy) are food items subject to natural variation, shelf life, and perishability

•        All descriptions and prices are subject to change without notice

•        We may limit quantities, discontinue products, or restrict sales by region or person at our discretion

 

Food products comply with Food Standards Australia New Zealand (FSANZ) requirements. Check ingredients and allergen information on product pages or contact us before purchase. We are not liable for natural variations in taste or texture inherent to handmade and artisanal products.

 

4. Orders & Acceptance

Placing an order is an offer to purchase. We may accept, decline, limit, or cancel any order (including after confirmation) for any reason, including stock unavailability, pricing errors, or suspected fraud.

Orders are accepted only upon our order confirmation email and successful payment processing. We may contact you to verify order details.

Purchases are for personal and household use only. Commercial resale or export requires our prior written permission. Returns and exchanges are governed by our Returns & Refunds Policy at https://www.bobsbrittle.com.au/policies/refund-policy, which supplements (but does not limit) your rights under the Australian Consumer Law (ACL).

 

5. Pricing, Payment & Billing

All prices are in Australian dollars (AUD) and exclude GST, shipping, taxes, and customs charges unless stated otherwise. Prices may change; the price at order placement applies.

You must provide accurate and current payment information. You warrant that your payment method is valid and authorise us to charge all applicable amounts including taxes and shipping. We may limit or cancel orders that appear to be placed by resellers.

 

6. Shipping, Delivery & Risk

Delivery estimates are approximate only. We are not liable for delays caused by carriers, customs, weather, or events beyond our reasonable control (force majeure).

Title and risk of loss transfer to you upon handover to the carrier. For faulty or damaged items, refer to our Returns Policy and your rights under the ACL.

 

7. Australian Consumer Law Guarantees

Nothing in these Terms excludes, restricts, or modifies your rights under the Australian Consumer Law (ACL). Our goods must be of acceptable quality, fit for any disclosed purpose, match their description, and be safe.

For major failures (where goods are unsafe, substantially unfit for purpose, or significantly different from their description), you may choose a refund, replacement, or compensation. For minor failures, we will repair, replace, or refund as required by law.

These statutory guarantees apply regardless of any voluntary warranty or policy. For more information, visit accc.gov.au.

 

8. Marketing Communications

Bob's Brittle may contact you with marketing and promotional communications in accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth). This section explains how we handle each communication channel.

8.1 Email Marketing

We may send you marketing emails including promotional offers, product announcements, and abandoned cart reminders. We will only send marketing emails where you have:

•        Provided express consent by opting in (e.g. ticking a checkbox at checkout or on a sign-up form), or

•        Provided inferred consent through an existing, ongoing business relationship with Bob's Brittle that is directly related to the subject matter of the email

 

Every marketing email will:

•        Clearly identify Bob's Brittle as the sender, including our ABN 65 191 892 427

•        Include a functional unsubscribe link that remains active for at least 30 days

•        Not require you to log in, pay a fee, or provide additional personal information to unsubscribe

 

You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email. We will process your request within 5 business days and will not send further marketing emails after that time.

8.2 SMS Marketing

We may send you marketing SMS messages, including abandoned cart reminders and promotional offers. SMS marketing requires your express consent. Providing your phone number to receive an order confirmation or receipt does not constitute consent to receive SMS marketing.

 

We will only send SMS marketing where you have actively opted in by:

•        Ticking a clearly labelled SMS marketing consent checkbox at checkout or on a sign-up form, or

•        Otherwise expressly consenting in a manner compliant with the Spam Act 2003

 

Every SMS message we send will:

•        Clearly identify Bob's Brittle as the sender

•        Be sent between 9:00am and 8:00pm in your local Australian time zone

•        Include an opt-out instruction (e.g. "Reply STOP to unsubscribe")

 

SMS Sender ID: Bob's Brittle uses an alphanumeric sender ID. Our sender name is registered with the ACMA SMS Sender ID Register in accordance with requirements effective 15 December 2025.

 

To opt out of SMS marketing, reply STOP to any marketing SMS. We will process your request immediately and within 5 business days at the latest. Standard message and data rates may apply.

 

Important: SMS opt-in data and consent will not be shared with third parties for their own marketing purposes.

8.3 Direct Mail (Post)

We may send you promotional material by post. You may opt out by contacting us at admin@bobsbrittle.com.au or by writing to us at 19-21 The Chase, Valley Heights NSW 2777.

8.4 Push Notifications

If you enable push notifications through our website or any future app, we may send you marketing and order-related notifications. You can withdraw consent at any time through your browser or device settings.

8.5 Consent Records

We maintain records of marketing consent in accordance with ACMA guidance, including the method, date, and terms of consent. You may request information about your consent record by contacting us at admin@bobsbrittle.com.au.

8.6 Transactional Communications

Order confirmations, shipping notifications, and other transactional messages are not marketing communications and do not require your consent under the Spam Act 2003. These messages will still clearly identify Bob's Brittle as the sender.

 

9. Intellectual Property

All content on our website including trademarks, logos, images, and text is owned by Bob's Brittle or our licensors and is protected by Australian and international intellectual property laws. You may use our content for personal, non-commercial purposes only. You must not reproduce, modify, or distribute our content without our prior written consent.

 

10. Third-Party Tools, Links & Shopify

Our Services are hosted and powered by Shopify Inc. By using our Services, you also agree to Shopify's Terms of Service at shopify.com/legal/terms and Shopify's Privacy Policy at shopify.com/legal/privacy. Shopify processes your personal information as described in our Privacy Policy.

Our website may contain links to third-party websites. We do not control or endorse those sites and are not responsible for their content, privacy practices, or terms. Visiting third-party sites is at your own risk.

 

11. Privacy

Your personal information is collected, used, and disclosed in accordance with our Privacy Policy at https://www.bobsbrittle.com.au/policies/privacy-policy and Shopify's Privacy Policy at shopify.com/legal/privacy. By using the Services, you consent to the data practices described in those policies.

 

12. Feedback & User Content

Any feedback, reviews, or other content you submit to us grants Bob's Brittle a perpetual, royalty-free, worldwide licence to use, modify, and publish that content in connection with our business. You warrant that any content you submit does not infringe third-party rights and does not contain malware or unlawful material.

 

13. Errors & Inaccuracies

We may correct errors in pricing, product descriptions, or availability at any time and cancel orders affected by such errors without liability to you, subject to your rights under the ACL.

 

14. Prohibited Conduct

You must not use our Services to:

•        Engage in unlawful activity or infringe the intellectual property rights of any person

•        Transmit viruses, malware, or other harmful code

•        Send unsolicited commercial messages contrary to the Spam Act 2003

•        Harass, abuse, or harm any person

•        Circumvent, disable, or interfere with security features of our website

•        Scrape, harvest, or collect data from our Services without authorisation

 

We may suspend or terminate your access to the Services for any breach of these Terms.

 

15. Termination

We may terminate or suspend your access to the Services for breach of these Terms or at our convenience with reasonable notice. Provisions that by their nature should survive termination will do so, including intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law.

 

16. Disclaimers & Limitation of Liability

Our Services and products are provided on an "as is" basis without warranties except those that cannot be excluded under the ACL.

To the maximum extent permitted by law (and without limiting your ACL rights), we are not liable for indirect, consequential, incidental, or special loss or damage arising from your use of the Services. Our liability for any breach of an ACL guarantee is limited to resupply, repair, or refund as required by law.

 

17. Indemnity

You agree to indemnify and hold harmless Bob's Brittle, its directors, employees, and agents from any claims, losses, damages, and costs (including legal fees) arising from your breach of these Terms or your violation of any law or third-party rights.

 

18. General Provisions

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

Waiver: No waiver of any provision is effective unless in writing.

Entire Agreement: These Terms, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and Bob's Brittle regarding the Services.

Assignment: We may assign our rights under these Terms without your consent. You may not assign your rights without our prior written consent.

Governing Law: These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

 

19. Contact Us

For questions about these Terms or your marketing preferences:

•        Email: admin@bobsbrittle.com.au

•        Address: 19-21 The Chase, Valley Heights NSW 2777, Australia

•        Mobile: 0412 653 246

•        ABN: 65 191 892 427

 

These Terms of Service were prepared for Bob's Brittle (bobsbrittle.com.au) and reflect Australian legal requirements as at March 2026, including the Spam Act 2003 (Cth), the Australian Consumer Law, and ACMA SMS Sender ID Register requirements. This document does not constitute legal advice. Bob's Brittle recommends seeking independent legal advice to confirm compliance with all applicable laws.