Terms & Conditions

This website is operated by AHB. Throughout the site, the terms “we”, “us” and “our” refer to AHB. AHB offers this website, including all information, tools and services available through this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province or other jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time, subject to applicable law.

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not guarantee that information made available on this site will always be accurate, complete or current. Material on this site is provided for general information and should not be relied upon as the sole basis for making decisions where more accurate, complete or current information is reasonably required. Any reliance on material on this site is at your own risk, subject to any rights you may have under applicable law.

This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time. Where required by applicable law, we will update information accordingly.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, except where otherwise required by applicable law.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, subject to applicable law.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot lawfully be excluded.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, replacement or refund in accordance with our Returns & Refunds Policy and applicable consumer laws.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that the display of any colour on your device will be completely accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction, subject to applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer.

Product descriptions, availability and pricing may be changed at any time without notice, subject to applicable law. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified under applicable consumer protection laws.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where reasonably necessary and permitted by law. Restrictions may include orders placed by or under the same customer account, credit card, billing address or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for purchases made through our store. You agree to promptly update your account and other information as necessary so that we can complete transactions and contact you when required.

For more information, please review our Returns & Refunds Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not monitor and have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind from us, except where such warranties, representations or conditions cannot lawfully be excluded.

Any use of optional third-party tools offered through the site is at your own discretion, and you should ensure that you are familiar with and agree to the terms under which those tools are provided by the relevant third-party provider.

We may also offer new services and/or features through the website in the future, including new tools and resources. Such features and/or services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, products or services, except to the extent required by applicable law.

We are not responsible for transactions you independently enter into with third-party websites. Please carefully review the third party’s policies and practices before engaging in any transaction with them. Complaints, claims, concerns or questions regarding third-party products or services should generally be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you agree that we may use those comments for legitimate business purposes, subject to applicable law and our Privacy Policy.

We may, but have no obligation to, monitor, edit or remove content that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates another party’s intellectual property rights or these Terms.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise intentionally mislead us or third parties as to the origin of your comments. You are responsible for the comments you submit and their accuracy, subject to applicable law.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to change or update information where appropriate.

If an error affects an order you have already submitted, we will handle the matter in accordance with applicable consumer laws and any other legal obligations that apply.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable international, federal, state, provincial, territorial or local laws, regulations or rules;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, threaten, defame, intimidate or unlawfully discriminate against others;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service, related websites, other websites or the internet;
(h) to unlawfully collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape in a manner that is unlawful or violates applicable rights;
(j) for any obscene or unlawful purpose; or
(k) to interfere with or circumvent security features of the Service or any related website.

We reserve the right to terminate or restrict your use of the Service for violations of these prohibited uses, subject to applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will always be uninterrupted, timely, secure or error-free.

We do not guarantee that results obtained through use of the Service will always be accurate or reliable.

From time to time, we may suspend or remove the Service for maintenance, updates or other operational reasons.

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by applicable law, AHB and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising from your use of the Service or products purchased through the Service where such liability may lawfully be excluded or limited.

Where applicable law does not permit an exclusion or limitation of liability, our liability will be limited only to the extent permitted by that law.

SECTION 14 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless AHB and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims or demands arising from your material breach of these Terms, your violation of applicable law, or your infringement of the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and any unenforceable portion will be treated as severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before termination will survive termination where appropriate.

These Terms remain effective unless and until terminated by either you or us. You may cease using our Services at any time.

If we reasonably believe you have materially failed to comply with these Terms, we may restrict or terminate your access to the Services, subject to applicable law. Any amounts properly due before termination will remain payable.

SECTION 17 - ENTIRE AGREEMENT

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

These Terms and any policies or operating rules posted by us on this site in relation to the Service constitute the agreement between you and us regarding your use of the Service, subject to any rights or obligations that cannot lawfully be excluded.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws applicable in Australia.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to you under applicable consumer protection laws that cannot lawfully be excluded, restricted or modified.

SECTION 19 - CHANGES TO TERMS & CONDITIONS

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 and changes to our website, subject to applicable law.

Your continued use of or access to our website or the Service following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms & Conditions should be sent to us at hello@ahbhome.com.au.