Terms And Conditions

GENERAL

These terms apply to both browsing our site and purchasing goods and/or services from our site.This website https://ABSuperheroes.com (“the site”) is owned and operated by Alisa Beagley, ABN. 43 358 596 231, trading as AB Superheroes.

In these terms and conditions, the expressions “we”, “us” and “our” refer to AB Superheroes.

The use of the site is governed by the policies, terms and conditions set forth below (‘Agreement’). Please read them carefully. Your use of the site indicates your acceptance of the Agreement. If you do not agree to any terms and conditions of this Agreement, you should not use the site. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us.

By registering an account on the site you grant us the right to retain the information you provide on our customer database and use that information (including Personal Information as defined below) for purposes associated with our business, including marketing our other products and those of our related entities and affiliates. You can easily remove your information from the customer database by logging into your account and deleting it.

The security of the information provided by you on the site is important to us and we will take reasonable technical and organizational precautions to prevent the loss, misuse or interference, and from unauthorized access, modification or disclosure of your Personal Information. See our Privacy Policy, which is incorporated into this Agreement, for more information about how we deal with your Personal Information. We reserve the right to amend the site and the Agreement at any time.

Amendments will be effective immediately upon notification on the site [excluding current orders]. Your continued use of the site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Interpretation
In these Website Terms of Use, the following rules of interpretation apply:

headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;

the singular includes the plural and vice-versa;

a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Governing law and jurisdiction
The laws of Queensland, Australia, govern this Agreement. You and we irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and courts competent to hear appeals from those courts. If any part of this Agreement is deemed null and void, unlawful, or unenforceable, then only that part of the Agreement will be excluded and all other terms will remain and be enforced. You cannot assign or novate any rights and obligations under this Agreement without our prior written and signed consent.

SITE TERMS

If you are browsing the site, these terms apply.

Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

COOKIES
This site uses “cookies” to help personalize your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Proprietor extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.

You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

CHANGES TO THE WEBSITE
We aim to provide our users with the best experience possible when visiting the site.

In doing so we may, without notice, change functionalities, including but not limit to, layout, service provider, products, transport companies, pricing etc. at any time.

We cannot guarantee that you will be able to access the same functionalities that you may have been able to access on previous visits to the site should these changes be made.

We reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.

COPYRIGHT AND TRADEMARK NOTICE
You acknowledge and agree that nothing in this Agreement transfers or assigns to you any of our intellectual property rights (including copyright, trademarks, patents, and designs)

Unless otherwise specified, all materials appearing on the site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are our sole property.

All software used on the site is the sole property of us or our third party software suppliers.

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

No materials from the site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved.

Any unauthorized use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

PRICING
Prices are subject to change without notice. Information contained on the site about prices, products, and specifications is believed to be accurate and reliable at the time of publishing but is subject to change without notice. No returns, refunds or credits are available on the price difference.

PROMOTIONS, DISCOUNTS AND VOUCHER REDEMPTION
We may from time to time run promotions, events, competitions, or offer discounts or free items with certain purchases. These will be offered at our absolute discretion and we cannot be held responsible if notifications of such offers are not distributed. Your Personal Information may be used as mentioned above and in accordance with our Privacy Policy to notify you of such offers. You may unsubscribe from receiving such marketing notifications.

CUSTOMER RATINGS AND REVIEWS TERMS OF USE
This Agreement governs your conduct associated with the Customer Ratings and Review service we offer (the “CRR Service”). To the extent of any conflict between our Privacy Policy, and these Terms of Use, these Terms of Use shall apply with respect to the CRR Service.
By submitting any content to the CRR Service, you represent and warrant that:

you are the sole author and owner of the intellectual property in the content;

all “moral rights” that you may have in such content have been voluntarily waived by you;

all content that you post is accurate;

you are at least 13 years old; and

use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading;

that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

for which you were compensated or granted any consideration by any third party;

that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or

that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown (including reasonable legal costs), arising out of your use of the CRR Service or your violation of these Terms of Use, any law or the rights of a third party.

For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at our sole discretion. We do not guarantee that you will be able to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on our part, or our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that we (and our third party service providers) may use your email address to contact you about the status of your review and other administrative purposes.

LIMITATION OF LIABILITY

Nothing in this Agreement is intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth). If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to the supply of this site, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, any relevant exclusion clauses will not apply to that liability and instead, our liability for such failures is limited to (at our election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.

Subject to paragraph (a), we are not liable for any loss or damage, however, caused (including, but not limited to, our negligence) suffered by you in connection with this Agreement or your use of the site or any website linked to or from the site.

The site may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.

In accepting the terms and conditions of this Agreement, you agree to accept sole responsibility for the legality of your actions during your use of the site under the laws which apply and that we have no responsibility for the legality of your actions.

You agree to indemnify us for all damages, losses, penalties, fines, expenses, and costs (including legal costs) which arise out of, or relate to, your use of the site, any information that you provide to us via the site or any damage that you may cause to the site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement, and breaches of the Competition and Consumer Act 2010 (Cth).

LINKS
The site may contain links to other websites on the internet that are owned and operated by third parties. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content, privacy policies, terms, or practices of any third party websites or services.

TERMS OF SALE

REGISTRATION AND PERSONAL INFORMATION
When making a purchase via the site, we will require personal information such as your name, address, contact numbers, and e-mail address (‘Personal Information’) and in providing such information you will be presented with 2 options.

To use the Guest account – your Personal Information will not be retained and only used for this transactional purchase and related correspondence. You will not be able to update your delivery address or obtain details about the fulfillment of your order via the site.

To set up an account and become a member – the site saves your Personal Information for ease of use during future visits to the site. Your Personal Information will be held securely on dedicated servers. You can also update your details at any time and easily review the status of your order. Your details may be used to contact you about offers and new products. You may unsubscribe from receiving such marketing communications.

Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this site with your username and password is you or your authorized representative.
You must notify the Proprietor immediately of any known or suspected unauthorized use of any password or any other breach of security.

User information
In order to register an account with this site, you must agree to these Website Terms of Use and provide the Proprietor with:

a valid email address;

accurate billing and contact information (including your street address and the name and telephone number of your authorized billing contact and administrator); and

any other information that may be required by the Proprietor during the registration process.

You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.

ORDERS NO GUARANTEED

Unless we expressly state otherwise, your receipt of an electronic or other form of acknowledgement of your order does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Products in your cart are not reserved even when the checkout process is complete and your payment is received in full.

Orders may be cancelled for reasons including but not limited to, the product being out of stock, error during the order process, pricing, product description, product image, or errors on the site.

We may also require additional verification or information before accepting any order.

ACCEPTANCE OF ORDERS AND REFUNDS OF OVERPAYMENT

Acceptance of your order will occur only when we dispatch goods in relation to that order. The detail of the order as accepted by us will be as confirmed by us in our dispatch documentation.

If we reject, cancel or part-fill your order, we will refund any over-payment made by you by the same method that payment was received. Please refer to our Returns Policy for further details. We will not be liable to you for any other loss, including but not limited to, additional costs associated with you purchasing the product elsewhere at a higher price, delivery or other charges you may incur.

OTHER MATTERS REGARDING ORDERS

We sell our goods to end user customers only and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the goods.

Once your details and payment have been confirmed, the goods will be dispatched within two working days.

We would advise that you review all purchase(s) carefully before completing the checkout process as, once an order is confirmed, you will be unable to cancel or change it. Amendments after an order has been placed, including an not limited to item, size and/or colour changes, address changes or shipping method changes cannot be made. If required, your order will need to go through the normal returns process, please refer to our Returns Policy for further details. Please note that we do not exchange or accept the return of goods that are not in brand new (unused) condition, or, because you change your mind, don’t like or no longer want the goods purchased.

DELIVERY

The delivery times provided on the site are estimates only and are not binding on us.

We will not be liable for any delays, losses, or damages arising out of deliveries.

In the event that multiple items are ordered, part deliveries may be made where stock is not available.

Please ensure you enter the correct delivery address. We cannot be held responsible for incorrectly entered delivery addresses.

We reserve the right to use a designated transport company of our choice.

All reasonable attempts to notify you of any changes will be made using the details you provide during the order process.

CHANGE OF ADDRESS
We cannot be held responsible for an incorrect address being entered on your order. Orders automatically begin the fulfillment process once placed and therefore, cannot be adjusted, this includes changes to the shipping address. In the case that your order is processed and cannot be updated you will need to go through the normal returns process, please refer to our Returns Policy for more information.

INTERNATIONAL CUSTOMS CHARGES
Some international orders may incur a customs or import duty charge. We do not have any control over these charges or are unable to advise what they will be, as it is based on the relevant country’s regulations & compliance. For further information, please contact your local customs office.

All charges are to be paid by the customer on delivery of the order.

Orders cannot be returned to sender.

We will never pay these customs charges on your behalf.

If you refuse to pay these charges your parcel may be abandoned.

We will not be held responsible for any loss of funds as a result of this occurrence.

A tax invoice will also be sent with your goods for Customs to identify the products and charges.

We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.

PAYMENT
Prices are subject to change without notice. The pricing of our products may change from time to time and we advise you to check for the most recent and up to prices that will be showing on our website at that time.

Payment must be made at the time of submitting the order and must be received in full prior to dispatch.

All prices of products, delivery, and other charges are in Australian Dollars.

All payments will be made to the Australian dollar price and payments made from an overseas institution may vary based on the exchange rate which varies from day to day.

Payment options and details of accepted credit cards are advised at the point of making payment, check out and when verifying your order and accepting the terms and conditions of the purchase.

There may be duties and taxes added to your package by the destination country should we be required to ship Internationally that you will be responsible for, upon delivery, and are not included in your order total.

If payment is declined or we do not receive your payment, the order will be declined.

Credit and debit card payments
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Proprietor does not charge additional transaction fees for paying by credit card.

Security
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorized manner by any person other than the Proprietor. The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.