Terms of Sale
Last Revised: July 01, 2023
Abbe Media Inc. (“Abbe,” “we” or “us”) allows users to order products, services or book appointments through our website, phone calls or other applications. We will purchase goods, on your behalf, from merchants. We will order services offered by service providers in response to your Service Requests. Your purchase of any product, service or booking is governed by these Terms of Sale (“Terms”). Your use of the Abbe websites and services offered is governed by our Terms of Service.
These Terms are a legal agreement between you (“you,” or “your”) and Abbe. By purchasing products, services or making bookings and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases through Abbe.
Abbe reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from Abbe to ensure you understand the terms and conditions that apply to such purchase. Your continued use of Abbe services indicates your acceptance of any changes to the Terms.
1. Buying Products, Services or Booking an Appointment
1.1 All of your orders, for Products, are subject to acceptance. Acceptance of your order will occur upon our receipt of a shipping confirmation from the merchant. If your order is on back order or comprised of “made-to-order” Products, you will receive a notification from us indicating that this is the case. We reserve the right not to accept your order for a Product or process your order or any transaction for any or no reason.
1.2 Shipping Merchants, and not us, are responsible for shipping Products ordered by us for you directly to the address you’ve designated in your Account. You may choose the method of shipment and timing of delivery for such Products through Abbe, and you will be charged shipping and handling charges accordingly based on your choices.
1.3 Ordering of Services Merchants, and not us, are responsible for fulfilling the requested services, ordered by us, for you. You may choose the method of and timing of delivery for such services, through Abbe, and you will be charged accordingly based on your choices.
1.4 Booking Appointments All bookings/appointments made on the “Abbe” websites or mobile applications are final. Merchants, and not us, are responsible for fulfilling the requested booking or appointment, ordered by us, for you. Bookings and Appointments are non-returnable and non-refundable, provided, however, that if a booking or appointment needs to be changed, we may, in our sole discretion, either arrange for another booking or appointment of equal value for the same Vendor. If you have any questions or problems with your booking or appointment, please contact support@myabbe.com.
2. Warranty Disclaimer with respect to Products
The Products purchased by you, through Abbe, are not our products, and we disclaim any and all warranties relating to such products. Each merchant is fully responsible for the Products it provides to you. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any and all injuries, damages, claims, liabilities, and costs such Products may cause you to suffer arising from or related to any act or omission of any merchant in connection with the merchant’s Products. We’re not responsible for examining or evaluating, and we do not warrant the offerings of, any merchant or merchant Products or the content of any Merchant website to which you can link via the Services. We do not assume any responsibility or liability for the actions, Products, and content of merchants or any other third parties.
3. Damaged or Defective Product
We are not responsible for: (i) any Product damage resulting from improper packing, storage or handling (ii) Product delivered to you in a misrepresented/mislabeled or non-saleable condition. (iii) deteriorated or otherwise defective Product (collectively, “Damaged or Defective Product”). You may be entitled to a refund or credit of the purchase price you paid for any Damaged or Defective Product, provided that you return such Damaged or Defective Product to the applicable merchant in accordance with the “Returns and Refunds” procedures set forth herein.
4. Disclaimer of Liability for performance of Service Requests
We are not involved in the completion of service requests. We do not have control over and disclaim all liability for the quality, timing, legality, failure to provide, or any other aspect whatsoever of any services performed by service providers. We make no representations about the suitability, reliability, or accuracy of the services requested of and performed by service providers.
5. Terms Applicable to Your Ordering of Products, Services or Booking Appointments
We reserve the right not to accept your order for a Product or Service or Booking or process your order or any transaction for any or no reason.
6. Disputes and Release
In the event that you have a dispute with one or more service providers, you agree to address such dispute directly with the service providers in question and you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If a dispute arises between you and a service provider in connection with a Service, we may, in our sole discretion, facilitate communication between you and the service provider in connection with such dispute. If such a dispute is unable to be resolved between you and a service provider, we may, in our sole discretion, intervene in such dispute and take any actions we deem appropriate.
7. Classification of Service Providers
The service providers that perform services are not employees, agents or contractors of Abbe, nor are they otherwise in a direct or indirect working or service provider relationship with Abbe. You acknowledge that Abbe does not, in any way, supervise, direct, or control a service provider’s work or Services performed in any manner. Abbe does not set a service provider’s work hours or location of work. Abbe will not provide a service provider with training or any equipment, labor or materials needed for a particular Service. The Services are not an employment service and Abbe does not serve as an employer of any service provider. As such, Abbe will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of a service provider’s services. You agree to indemnify, hold harmless and defend Abbe from any and all claims by or on behalf of a service provider that a service provider was misclassified as an independent contractor and/or that the service provider maintained an employment relationship of any kind, including, any and all liabilities arising from a determination by a court, arbitrator, government agency or other body that a service provider was an Abbe employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Abbe was an employer or joint employer of a service provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
8. Returns and Refunds
Returns of, or refunds in connection with, Products or Services purchased or ordered through Abbe may be handled directly between you and the applicable merchant or service provider. You understand and agree that it is in each merchant’s sole discretion as to which of its products (if any) will be eligible for return for a refund or credit, and that it is in each service provider’s sole discretion as to which of its services (if any) will be eligible for a refund, credit, or re-performance. When Abbe has charged you a commission in connection with fulfilling a Request, and the applicable Product is returned or fees for the applicable Service request are refunded, Abbe may, at its discretion, refund such commission to you.
9. Vendor Terms and Liability.
Products or Services purchased via our websites or mobile applications are issued and activated by participating third-party merchants, retailers and vendors (collectively “Vendors”). Your purchase of each Product or Service will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Products or Services, Vendors may set expiration dates for such Products or Services, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Product or Service. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor. As issuers of the Products and/or Services, Vendors (and not Abbe) are fully responsible for all aspects of their Products and/or Services. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Products and/or Services. While Abbe strives to work with reputable Vendors, Abbe has no liability for (i) the sale of products or services to you by a Vendor through the use of Abbe; and (ii) any Vendor’s failure to honor a Product and/or Service. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues.
10. Product or Service Errors.
We attempt to be as accurate as possible and to eliminate errors on the services that are obtained through Abbe; however, Abbe does not represent or warrant that any Product and/or Service and information about the Product and/or Service (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Product and/or Service purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
11. Disclaimers
In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release Abbe and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any Abbe product/service/booking; and (ii) any act or omission of a Vendor in connection with a Product or Service it provides. With respect to Abbe procuring products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. Abbe is not responsible for any damage or loss resulting from stolen or lost Abbe product/service/booking or any use of your Abbe product without your permission. Abbe is not responsible for replacing your damaged or lost Abbe product/service/booking. Abbe and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Abbe products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Abbe products/services/bookings are NOT transferrable within the USA; and, you can NOT resell Abbe Products or Services or Bookings to a third party. These disclaimers and limitations may or may not apply to you and are void where prohibited.
12. Payment Options
When making a purchase on the website or a mobile application, Abbe accepts various forms of payment, including by Payment Card, PayPal, Apple Pay, Google Wallet and Bitcoin. Unless otherwise indicated, the denominated value of the product or service or booking will be billed in full at the time you purchase. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card or other payment method and you authorize us to charge your purchase order to that Payment Card or other payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time Abbe submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.
13. Taxes
With respect to the Products or Services or bookings that you purchase on the website or mobile applications, the amount paid for any product or service or booking does not include sales, value added or use taxes, which may be charged to you separately by the applicable Vendor at the time you purchase products or services from the Vendor providing that product or service or fulfilling that booking.
14. Excluded Users and Territories
You are not permitted to make purchases from Abbe if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list. Abbe Products and Services are only available for purchase and use in the USA.
15. Privacy Please refer to our Privacy Policy for information about how we collect, use and disclose information and data.
16. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Waiver
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
18. Contact Us
If you have any questions or concerns regarding these Terms or Abbe products, please contact us at: support@myabbe.com; or by mail to:
Abbe Media Inc. Attn: Customer Support, 1560 Sand Hill Road, Palo Alto, CA 94304. support@myabbe.com