Terms of service

Overview

Welcome to Aabis Essentials! The terms "we", "us" and "our" refer to Aabis Essentials. Aabis Essentials operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Aabis Essentials 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. Nothing in these Terms affects your rights under the Australian Consumer Law (see Section 16 below).

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 our 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 state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to your device and its display settings.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered, on a case-by-case basis (for example, during limited drops such as Drop 001).

Nothing in this section limits any consumer guarantee you're entitled to under the Australian Consumer Law.

Section 3 — Orders

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

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, need to change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal use and not for commercial resale.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Posted prices are in AUD and include GST unless otherwise stated. Posted prices do not include shipping or handling unless otherwise stated.

We may offer promotions from time to time that affect pricing and are governed by separate terms. If there's a conflict between promotion terms and these Terms, the promotion terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update this information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred at the posted prices, including shipping and handling and applicable taxes.

Section 5 — Shipping and Delivery

We currently ship within Australia only. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss passes to you, except where the Australian Consumer Law provides otherwise.

Section 6 — Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Aabis Essentials, its affiliates, or licensors, and are protected by Australian and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Aabis Essentials's name, logo, product and service names, designs, and slogans are trademarks of Aabis Essentials. You must not use these without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the property of their respective owners.

Section 7 — Optional Tools

You may be provided access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without warranties of any kind, and without endorsement. We have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk, and you should review the relevant third party's own terms before using them.

Section 8 — Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to access these, you do so at your own risk, and we are not liable for any harm arising from your use of third-party sites, products, or services. Please review any third party's own policies before transacting with them.

Section 9 — Relationship with Shopify

[Note to merchant: This section accurately characterises Shopify's relationship with your store and should not be removed or modified.]

Aabis Essentials 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 Aabis Essentials. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Aabis Essentials, 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 Aabis Essentials.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and other third parties, which may be located outside Australia, in order to provide the Services. Review our Privacy Policy for details on how we, Shopify, and our partners handle your personal information.

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and display such Feedback for any purpose, including commercial use.

You represent and warrant that: (i) you own or have the rights to your Feedback; (ii) you have disclosed any compensation received in connection with it; and (iii) it complies with these Terms. We have no obligation to keep Feedback confidential, pay for it, or respond to it.

We may, but are not obligated to, monitor, edit, or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable, or that violates these Terms or a third party's rights.

You agree your Feedback will not infringe any third party's rights, will not be unlawful or abusive, and will not contain malware. You are solely responsible for your Feedback and its accuracy.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct these and to change, update, or cancel orders affected by inaccurate information at any time, without prior notice, including after you've submitted an order.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You must not use the Services to: (a) engage in unlawful or malicious conduct; (b) violate any Australian law or regulation; (c) infringe our intellectual property or that of others; (d) harass, abuse, or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any person or entity; or (h) engage in conduct that restricts or inhibits others' use of the Services or may harm Aabis Essentials, Shopify, or other users.

You also agree not to: upload malicious code; reproduce or exploit any portion of the Services without authorisation; collect personal information about other users; use bots, scrapers, or automated tools (including AI agents) to access the Services; or bypass any security or access-control measures we use.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you've violated these Terms.

Section 14 — Agents

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements below, and provided we have not requested that it refrain from doing so.

Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests via the user agent string ("Agent/[agent name]"); (ii) not conceal that access is by an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully to any prompt asking whether the interaction is human or automated; and (iv) not circumvent any measure intended to control how Agents access the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services, in our discretion, at any time without notice, and you remain liable for all amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Warranties and Consumer Guarantees, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 16 — Warranties and Consumer Guarantees

The information presented on the Services is made available for general information purposes only, and we don't warrant its accuracy, completeness, or usefulness. Any reliance you place on it is at your own risk.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. This includes your rights to a repair, replacement, or refund for goods that are faulty, not fit for purpose, or don't match their description.

To the extent permitted by law, and subject to your rights under the Australian Consumer Law, the Services and products offered through them are provided "as is" and "as available," without any other warranties or conditions, express or implied. We don't guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Section 17 — Limitation of Liability

To the extent permitted by law, and subject to your non-excludable rights under the Australian Consumer Law, Aabis Essentials, our partners, directors, officers, employees, affiliates, agents, contractors, and service providers, along with Shopify and its affiliates, will not be liable for any indirect, incidental, special, or consequential damages — including lost profits, lost revenue, or lost data — arising from your use of the Services or any product procured through them, whether based in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.

Where the Australian Consumer Law implies a guarantee that cannot be excluded but liability for a breach may be limited, our liability is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Aabis Essentials, Shopify, and our affiliates, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities, or claims (including reasonable legal costs) arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your access to or use of the Services.

We'll notify you of any indemnifiable claim; a delay in notifying you won't relieve your obligations unless it materially prejudices you. We may control the defence and settlement of such a claim at your expense, but won't settle any claim requiring a non-monetary obligation from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defence of any indemnified claim.

Section 19 — Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable part will be severed, without affecting the validity of the remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted on the site, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications, whether oral or written.

Any ambiguity in interpreting these Terms will not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without our prior written consent; any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 — Governing Law

These Terms are governed by and construed in accordance with the laws of Australia. You and Aabis Essentials submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Section 23 — Headings

Headings used in this agreement are for convenience only and do not limit or affect these Terms.

Section 24 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It's your responsibility to check periodically for changes. We will notify you of material changes where required by law, and continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms of Service should be sent to us at info@aabisessentials.com.

Aabis Essentials
15 Blueberry St, Greenvale VIC 3059
info@aabisessentials.com
ABN: 39 239 868 713