Terms of service
Near Bear Pty Ltd | ABN 693 253 691 | www.mynearbear.com
Terms & Conditions
Last updated: June 2026
Please read these Terms and Conditions carefully before placing an order with Near Bear. By purchasing from www.mynearbear.com, you agree to be bound by these terms.
1. About Us
Near Bear is operated by Near Bear Pty Ltd (ABN 693 253 691), a company registered in Australia. Our registered address is PO Box 428, Dee Why NSW 2099.
You can contact us at:
Email: support@mynearbear.au
Website: www.mynearbear.com
2. Our Products
Near Bear sells personalised plush teddy bears featuring a photo window insert. Each bear is made to order using a photo provided by the customer at the time of purchase.
Product specifications, dimensions, and materials are as described on our website. Near Bear reserves the right to update product specifications at any time. Any changes will be reflected on the product pages prior to purchase.
Product images on our website are representative. Minor variations in colour or appearance may occur between the displayed image and the physical product.
3. Placing an Order
3.1 By completing checkout on our website, you are making an offer to purchase the selected product(s) subject to these Terms and Conditions.
3.2 A binding contract is formed when you receive an order confirmation email from Near Bear. We reserve the right to decline or cancel any order at our discretion, including in the event of pricing errors, product unavailability, or suspected fraudulent activity.
3.3 It is your responsibility to ensure that all order details - including your delivery address, photo upload, and product selection - are correct before completing checkout. Near Bear cannot guarantee amendments to orders once they have entered production.
3.4 You must be 18 years of age or older to place an order, or have the consent of a parent or guardian.
4. Pricing & Payment
4.1 All prices are listed in Australian Dollars (AUD) and include GST where applicable.
4.2 Near Bear accepts payment via the methods listed at checkout. Payment is processed securely at the time of purchase.
4.3 Prices are subject to change without notice. The price displayed at the time you complete your order is the price you will be charged.
4.4 Near Bear is not responsible for any fees charged by your bank or payment provider in connection with your purchase.
5. Personalisation & Production
5.1 Each Near Bear is made to order. Production begins promptly after your order is confirmed and your photo has been reviewed.
5.2 Because your bear is personalised, it cannot be resold or reused. Please choose carefully - we are unable to accept returns or provide refunds for change of mind on personalised products, as permitted under the Australian Consumer Law.
5.3 Estimated production and dispatch timeframes are listed on our website and in your order confirmation. These are estimates only and may vary during peak periods.
5.4 Near Bear reserves the right to decline to produce any order where the submitted photo is deemed unlawful, offensive, or in breach of these terms. In such cases, you will be contacted and offered the opportunity to submit an alternative photo or receive a full refund.
6. Shipping & Delivery
6.1 Near Bear ships within Australia. International shipping availability is listed on our website.
6.2 Shipping costs and estimated delivery timeframes are calculated at checkout based on your delivery address.
6.3 Delivery timeframes are estimates provided by our shipping carriers and are not guaranteed. Near Bear is not liable for delays caused by carriers, customs, or circumstances outside our control.
6.4 Risk of loss or damage passes to you upon dispatch. If your order is lost or damaged in transit, please contact us at support@mynearbear.au within 48 hours of the expected delivery date so we can assist.
6.5 It is your responsibility to provide a correct and complete delivery address. Near Bear is not liable for orders delivered to an incorrect address provided by the customer.
7. Photo Submission & Print Quality
7.1 Customer Responsibility
By submitting a photo as part of your Near Bear order, you confirm that:
- You are the owner of the photo or have obtained all necessary rights and permissions to use it for this purpose
- The photo does not infringe the intellectual property, privacy, or other rights of any third party
- The photo does not contain any content that is unlawful, offensive, or inappropriate
- You authorise Near Bear Pty Ltd to print and insert the photo into your personalised product for fulfilment of your order only
7.2 Photo Quality Requirements
To achieve the best possible print result, your photo must meet the following minimum requirements:
- Resolution: minimum 300 DPI, or at least 1200 x 1600 pixels
- File format: JPG or PNG only
- The subject must be clearly visible, well-lit, and in focus
- The photo must not be heavily filtered, watermarked, or digitally altered in a way that affects print quality
7.3 No Liability for Poor Print Quality
Near Bear accepts no responsibility for unsatisfactory print quality arising from photos that do not meet the requirements in clause 7.2, including low-resolution, blurry, dark, or heavily filtered images. If you are unsure whether your photo is suitable, contact us at support@mynearbear.au before placing your order.
7.4 Approval & Proofing
Near Bear does not currently offer a digital proof prior to printing. By completing your order, you accept that the photo submitted will be printed as provided, subject to standard colour calibration. Minor colour variations between your screen and the printed photo are normal and do not constitute a fault.
7.5 Privacy of Photos
Photos submitted to Near Bear are used solely to fulfil your order. We do not store, share, or use your photos for any other purpose. Photos are deleted from our systems within 30 days of order fulfilment.
8. Returns & Refunds
8.1 As permitted under the Australian Consumer Law, we do not accept change-of-mind returns on personalised products.
8.2 You are entitled to a remedy if your product is faulty, damaged, or does not match the product description. Please contact us within 7 days of receiving your order at support@mynearbear.au with your order number and photos of the issue.
8.3 Where a remedy is applicable, Near Bear will offer a replacement, full refund, or partial refund as appropriate.
8.4 For full details, refer to our Returns & Refunds Policy at www.mynearbear.com/returns.
9. Australian Consumer Law
Our products 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 to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
10. Intellectual Property
10.1 All content on www.mynearbear.com, including text, images, graphics, logos, and product designs, is the property of Near Bear Pty Ltd and is protected by Australian and international intellectual property laws.
10.2 You may not reproduce, distribute, or use any Near Bear content without our prior written consent.
10.3 Near Bear does not claim ownership of photos submitted by customers. By submitting a photo, you grant Near Bear a limited, non-exclusive licence to use that photo solely for the purpose of fulfilling your order.
11. Limitation of Liability
To the maximum extent permitted by law, Near Bear Pty Ltd's total liability to you for any claim arising from your purchase is limited to the amount you paid for the relevant order. Near Bear is not liable for any indirect, consequential, or special loss or damage.
Nothing in these terms excludes or limits liability that cannot be excluded under Australian law, including the Australian Consumer Law.
12. Privacy
Near Bear Pty Ltd is committed to protecting your personal information. We collect and handle your personal information in accordance with the Australian Privacy Act 1988 and our Privacy Policy, available at www.mynearbear.com/privacy.
13. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
14. Changes to These Terms
Near Bear reserves the right to update these Terms and Conditions at any time. The current version will always be available at www.mynearbear.com/terms. Continued use of our website or placing of orders after any changes constitutes acceptance of the updated terms.
15. Contact Us
For any questions about these Terms and Conditions, please contact us:
Email: support@mynearbear.au
Post: Near Bear Pty Ltd, PO Box 428, Dee Why NSW 2099
Website: www.mynearbear.com
Near Bear Pty Ltd | ABN 693 253 691
PO Box 428, Dee Why NSW 2099 | support@mynearbear.au | www.mynearbear.com