TERMS & CONDITIONS
Definitions
In these Terms and Conditions, the words and expressions below have the following meanings:
• ‘Conditions’ means these terms and conditions.
• ‘Distance Communication’ means purchases made exclusively e-mail, and/or on the Abi Overland website
• ‘Product(s)’ means any Abi Overland product(s).
• ‘we’, ‘us’, ‘our’ means Abi Overland
• ‘you’, ‘your’ means the customer.
GENERAL
Abi Overland are managed part by the owner, and strives to ensure that the information contained in this Site is accurate and reliable.
However the please note the above are not under the limited company.
However, Abi Overland and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. You should take appropriate steps to verify all information on this Site before acting upon it. To the fullest extent permissible pursuant to applicable law, disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the availability of the Site. Abi Overland, may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall Abi Overland Jersey, be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, we can accept no liability in respect of any changes made to the content of this Site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.
Any goods displayed or provided on this Site are done so on an “as is” and “if available” basis and Abi Overland, expressly excludes any warranties, conditions, representations or other terms with respect to this Site or the content or goods displayed on it, whether express or implied, unless expressly stated to the contrary.
This statement does not affect your statutory rights and nor does this paragraph apply to Abi Overland, liability for products sold through the Site.
The site may link to sites not maintained or related to Abi Overland. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or Abi Overland. Abi Overland has not reviewed any of all of the sites hyper-linked to or from this Site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk and Abi Overland makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Site. Further, Abi Overland, does not implicitly endorse third-party sites hyperlinked to this Site. Abi Overland, will also not be responsible for the content of any third party advertising or sponsorship that may appear on the Site nor for compliance of the same with any laws or regulations.
The Site may also contain references to other company, brand and product names. The company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by Abi Overland Jersey. Abi Overland Jersey may be, but is not necessarily sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on the Site, and makes no representations about them, their owners, their products or services. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.
Orders
• Your order becomes binding as soon as we have accepted it. All orders are subject to availability.
• You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements and specifications including without limitation product features, access and delivery.
• We reserve the right to refuse to supply any individual or company.
Ownership
The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the Abi Overland trademark and all other trademarks, logos and trade names depicted on the Website belong to Abi Overland.
Any unauthorised use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limited License and Restrictions
You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.
If you decide to register with this Site, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please contact our Customer Service team on. Abi Overland, reserves the right to suspend your registration if you breach these Terms and Conditions.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. The laws of Bailiwick of Jersey govern these terms and conditions and you agree that the Jersey courts shall have exclusive jurisdiction in any dispute. This Site is for use only by persons who access it from within the Channel Islands. Goods available from this Site are available only to residents of (or companies incorporated in) Channel Islands. We make no representation that any material contained on this Site is appropriate for any other jurisdiction.
Basis of Sale
All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.
The following is required to create a contract between you and us:
Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing ” Checkout” on the “Review Your Order page”, and in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Abi Overland.
The acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered product is out of stock or unavailable; we identify a pricing or product description error; or we are unable to obtain authorisation for your payment.
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in the United Kingdom; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and a valid credit or debit card issued by a bank acceptable to us.
Cancellations and Returns
• When returning Products, please return them to us by one of the following methods together with proof of purchase (a receipt or dispatch note).
• We ask that you take reasonable care when handling the Products and return the Products unopened, unused and in their original packaging, where possible.
• Once Products have been delivered, you may return them within 28 days of receipt of delivery by one of the methods below:-
By Post:
• You may return any Products to us by post at your own cost and risk.
• Please note that we are not liable for any loss or damage to any returned Products in transit and as such, we recommend that you return any Products through a recorded delivery service.
• When returning Products, please package the Products properly and securely together with the dispatch note to ensure that the Products may not damaged in transit.
• If returned Products are lost or damaged in transit, we reserve the right to charge you (or refund any amounts attributable to) such loss or damage.
• If you prefer to return the Products by ordinary post, please email hello@abioverland.com to obtain the return address
Defective Products
• On delivery, please check the Products carefully for any possible defects.
• If you believe that any of our Products may be defective or of unsatisfactory quality, please notify on +44 (0) 7797 925602 as soon as possible, where possible, or within a reasonable time.
• We ask that you take reasonable care of the Products while your claim is being investigated. Please do not return any Products which you believe may be defective before contacting us*.
• If the Products are confirmed defective or mis-described, we will reimburse you for reasonable return postage costs.
• If all Products confirmed defective constitute the entire order or if all Products were faulty or damaged, the original delivery charge will be reimbursed.
Delivery
We deliver to Mainland UK, Northern Ireland, offshore UK Islands and the Channel Islands. Products on large orders may be dispatched separately.
Below is the list of countries we now ship to with international shipping rates:
Afghanistan, Cambodia, Greece, Malta, Saudi Arabia, Albania, Canada, Hong Kong, Mexico, Serbia, Algeria, Cayman Islands, Hungary, Monaco, Singapore, Argentina, Chile, Iceland, Montenegro, Slovenia, Armenia, China, India, Morocco, South Africa, Australia, Colombia, Ireland, Nepal, Spain, Austria, Cook Islands, Indonesia, Netherlands, Sri Lanka, Bahamas, Croatia, Israel, New Zealand, Sweden, Bahrain, Cuba, Italy, Norway, Switzerland
Bangladesh Cyprus Japan Oman Taiwan
Belgium Czech Republic Jordan Papua New Guinea Thailand
Belize Denmark Kuwait Philippines Turkey
Bermuda Egypt Latvia Poland Ukraine
Bolivia Estonia Lebanon Portugal United Arab Emirates
Bosnia Herzegovina Finland Lithuania Qatar
Brazil France Luxembourg Romania USA
Bulgaria Germany Malaysia Russia * Vietnam
* Russian Customers – Please be aware that due to the ongoing issues with Russian customs clearance, we are currently only able to ship to business addresses in Moscow and St Petersburg. Please contact us if you have any questions.
Risk of Damage in Transit and Property
We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you when you have received them and have paid us in full. Until payment has been made in full we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.
Product Use
All of our Products are designed for domestic use.
Product Descriptions, Colours and Unique Features
Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed online, but there may be slight variations. No responsibility can be accepted for these variations, which all add to the unique features of our Products including but not limited to the following:
• The Products are individually hand finished and there may be differences between batches. These will be more apparent if orders are placed at different times.
• We reserve the right to make any change to the internal specifications of our Products or minor external changes where necessary.
Prices
• Prices exclude VAT and delivery charges unless otherwise stated.
• All prices are correct at time of entering but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
Abi Overland will not be able to process VAT refunds for international customers.
Promotions
From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions, which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but we will honor any order placed by you before the offer is withdrawn subject always to manifest technical errors.
All deals are valid within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
Payment Methods
You may pay using, Visa, MasterCard, and Switch. You confirm that the credit, debit or store card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. All card payments are processed for you by our credit card acquirers for a 1.5% fee included in the cost of your purchase. The balance is paid to Abi Overland. The total amount you pay is the same regardless of the payment method.
Website Content
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
Linked Sites
Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Amendments to these Terms & Conditions
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
Intellectual Property
You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Abi Overland Jersey or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Liability and Warranties
Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Data Protection and Privacy
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers. Please contact us.
Please check back frequently to see any updates or changes to our privacy policy.
To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Abi Overland. If you do not wish to receive information about Abi Overland Products and services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you please write to us at hello@abioverland.com
Your payment details are secured from our site and processed via PayPal or Stripe
By using our online ordering system, you the customer declares all relevant personal information is completed as accurately as possible including telephone numbers and addresses email will not be held liable for any delays or rejections to your order in case of information being incorrectly provided.
We recommend the use of email to contact us, you can email at hello@abioverland.com.
Risk and Title
No order is binding on you or Abi Overland until we have accepted it. All title and ownership to the ordered Goods will pass to you from the moment they are dispatched by us to the postal service, or to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.
Entire Agreement
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
Severance
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not effect the other terms and conditions which shall remain in full force and effect.
Assignment
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
Waiver
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Dealing as a Business
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business please contact Customer Services for further details.
General
The laws of Jersey, Channel Islands govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of Jersey, Channel Islands
Abi Overland Staff
Our staff have a right to work in a non-threatening environment, we reserve the right to refuse any sale of Products, services or contact with any person who displays verbal, physical and/or threatening behaviour towards our staff.