Terms of service

OVERVIEW

Welcome to ABEE! The terms “we”, “our” and “ours” refer to ABEE. ABEE operates this shop and this website, including all related information, content, features, tools, products and services in order to provide you, as a customer, with a personalised shopping experience (hereinafter the “Services”). 

The Terms of Service below, together with any related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not accept these Terms of Service or this Privacy Policy, you must not use or access our Services. 

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you declare that you are at least the age of majority in your State or province of residence, and you give us your consent to allow any minor in your care to use the Services on the devices you own, purchase or manage.
To use the Services, including to access or browse our online shops, or to purchase 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 declare and warrant that all information you provide in our shops is correct, up-to-date and complete and that you have all the necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activities in your account. You are not authorised to transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have endeavoured to provide an accurate representation of our products and services in our online shops. However, please note that colours or the appearance of the products may differ from how they appear on your screen due to the type of device you use to access the shop, the settings and configuration of your device.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online shops.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. ABEE reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until ABEE has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as ABEE may not be able to respond to cancellation requests after acceptance of an order. In the event we do not accept, modify or cancel an order, we will attempt to inform you by contacting the email address, billing address and/or phone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our Refund Policy. 
You declare and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may be modified without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling costs, customs or import fees.
The prices displayed in our online shops may differ from prices offered in physical stores or in online shops or others operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and that are governed by Terms of Use separate from these Terms. In the event of a conflict between the promotion terms and these Terms, the promotion terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
You declare and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use this credit card for the purchase, (iii) the amounts charged by you will be honoured by your credit card company and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling costs and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all registered marks, trademarks, texts, displays, images, graphics, product reviews, videos and audios, as well as the design, selection and arrangement thereof, are the property of ABEE, its affiliates or its licensors and are protected by US and foreign laws on patents, copyrights and other laws on intellectual property.
These Terms authorise you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit the material of the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or is to be construed as granting any licence or other rights to you under any patent, registered mark, copyright or other intellectual property of ABEE, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in this document are reserved to ABEE.
The names, logos, product and service names, designs and slogans of ABEE are registered marks of ABEE or its affiliates or licensors. You must not use these registered marks without the prior written consent of ABEE. The name, logo, product and service names, designs and slogans of Shopify are registered marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are registered marks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any liability arising from your use of optional third-party tools or related thereto.
Any use by you of the optional tools offered on the site is entirely at your own responsibility and discretion, and you must ensure that you know and accept the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the publication of new tools and new resources). These new features must also be considered as part of the Services and will be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES
 
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of documents or websites of third parties you choose to access. If you decide to leave the Services to access these documents or third-party sites, you do so at your own risk.
We are not responsible for damages or harm related to your access to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be addressed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

ABEE is powered by Shopify, which enables us to provide you with the Services. However, sales and purchases you make in our Shop are made directly with ABEE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and ABEE, including any harm, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchases and transactions with ABEE.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one where you live, in order to provide services. Consult our privacy policy [LINK] for more details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, publish, send by email or otherwise transmit ideas, suggestions, feedback, opinions, proposals, packages or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable and fully royalty-free licence to use, reproduce, modify, publish, distribute and display this Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted to us by this licence to operate, provide, evaluate, strengthen, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You also declare and warrant that (i) you own or have all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and shall have no obligation (1) to preserve the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, without being obliged to, review, modify or delete Feedback that we deem, at our sole discretion, unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of a party or these Terms of Service.
You agree that your Feedback will not violate any right of a third party, including copyrights, registered marks, confidentiality, personality or any other personal or property right. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, nor computer viruses or other malicious software that could affect the operation of the Services or of any related website in any way. You may not use a false email address, pretend to be someone other than yourself or mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you give and for its accuracy. We assume no liability for any Feedback published by you or by a third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

It may happen that information on or in the Services contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any error, inaccuracy or omission, and to modify or update information or cancel orders if information is inaccurate, at any time and without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or national regulations, rules, laws, or any local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or ensure the sending of any advertising or promotional material, including any “junk mail”, “chain letters“, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate the identity of another person or entity; or (i) to adopt any other conduct that restricts or prevents the use or enjoyment of the Services by anyone, or that, in our opinion, may harm ABEE, Shopify or the users of the Services, or expose them to liability.
Furthermore, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of other people; (d) send spam, phishing, pharming, pretexting, robot, harvester or scraping; or (e) interfere with or circumvent the security features of the services or of any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provision that, by its nature, should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim any liability arising from the reliance placed by you or any other visitor to the Services, or any other person made aware of its content, on such content.
EXCEPT AS EXPRESSLY STATED BY ABEE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ABEE, OUR PARTNERS, DIRECTORS, ADMINISTRATORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSSES OF PROFITS, LOSSES OF REVENUE, LOSSES OF SAVINGS, LOSSES OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ABEE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers in the event of losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising from (1) your violation of these Terms of Service or of the documents they integrate by reference, (2) your violation of any law or of the rights of a third party, or (3) your access to and use of the Services.
We will inform you of any indemnifiable claim, provided that a failure of prompt notification will not relieve you of your obligations, unless you suffer material prejudice. We may control the defence and settlement of this claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnified claims, in particular by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void or unenforceable, that provision shall nonetheless be applicable to the fullest extent permitted by applicable law, and the unenforceable part shall be considered as deleted from these Terms of Service, without affecting the validity and enforceability of the other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our inability to exercise or apply any right or provision of the Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policy or operating rule published by us on this site or concerning the Service constitute the entirety of the agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the party who drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – APPLICABLE LAW

These Terms of Service and any separate agreement by which we provide you with Services shall be governed and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where ABEE has its head office. You and ABEE accept the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this agreement are for convenience only and do not have the effect of limiting or affecting these Terms.

SECTION 23 – MODIFICATIONS MADE TO THE TERMS OF SERVICE

You may at any time consult the most recent version of the Terms of Service on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by publishing updates and modifications on our website. It is your responsibility to check our website regularly for any changes. We will notify you of any material change to these Terms in accordance with applicable law, and these changes will take effect on the date specified in the notice. Continuing to use the Services or accessing them after the publication of any modification to these Terms of Service constitutes acceptance of those modifications.

SECTION 24 – CONTACT DETAILS

Questions regarding the Terms of Service must be sent to us at: contact@abee-horse.com. 
Our contact details are displayed below:
MCGB ASSOCIES 
60 rue François 1er, 75008 Paris 
SIREN: 988470837 
VAT: FR12988470837