By using our website, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. We may change the terms of this Agreement from time to time. By continuing to use our website after we post any such changes, you accept the Agreement, as modified.
USE OF THE ABS WEBSITE
You certify that the information you provide on ABS site is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify ABS immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the ABS website at any time without notice.
You are prohibited from:
- Violating or attempting to violate the security of the ABS website;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of ABS website; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by ABS or other third party web browsers) to navigate or search the ABS website.
THIRD PARTY SITES
References on ABS website to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. ABS is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from ABS website is at your own risk and will be governed by such third party’s terms and policies.
ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. ABS may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
ABS reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. ABS also reserves the right, at our sole discretion, to prohibit sales to dealers or re-sellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from ABS for the purpose of engaging in a commercial sale of that same product(s) with a third party.
ABS cannot confirm the price of an item until after your order is placed. Pricing errors may occur on ABS website. ABS reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from ABS. ABS may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the ABS website or from prices available in ABS stores (pricing and availability remain subject to confirmation at checkout for mobile users).
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
You acknowledge that some goods licensed or sold on ABS website are subject to the customs and export control laws and regulations of the Republic of Trinidad and Tobago and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws.
We have made significant efforts to accurately display the colors of products that appear on the ABS website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
Interest will be charged at the rate of 2% per month on the Goods or any part thereof for which the Buyer has not taken delivery beyond 3 months of their purchase.
A restocking charge of 10% of the value of the item(s) shall be applied to all Standard products, which have been returned after having been delivered in accordance with the Buyer’s instructions.
You agree to defend, indemnify, and hold harmless ABS and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of ABS website or any breach by you of this Agreement.
THIS SITE IS PROVIDED BY ABS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ABS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ABS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ABS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE ABS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ABS WEBSITE, THAT YOUR USE OF THE ABS WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ABS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ABS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ABS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL ABS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE ABS SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of ABS to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit ABS’ rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Trinidad and Tobago law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of ABS website must be brought in courts of the Republic of Trinidad and Tobago and you consent to the exclusive personal jurisdiction of such courts.