Terms of service
Overview
Welcome to AbLe Cart! The terms "we", "us" and "our" refer to AbLe Cart. AbLe Cart operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). AbLe Cart is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device type, settings and configuration.
We do not warrant that the appearance or quality of any products or services will meet your expectations or be exactly as depicted in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region or jurisdiction.
Section 3 - Orders and Personal Use
When you place an order, you are making an offer to purchase. AbLe Cart reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until AbLe Cart confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as AbLe Cart may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. AbLe Cart operates strictly as a B2C retailer. We do not provide Brand Authorisation (LOAs), wholesale invoices, or any supplier documentation for the purpose of third-party marketplace verification (e.g. Amazon, eBay). All internal supplier agreements are proprietary and confidential.
Section 4 - Prices and Billing
Prices, discounts and promotions are subject to change 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. Where there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred will be honoured by your credit card company, and (iv) you will pay all charges incurred at the posted prices, including shipping, handling and all applicable taxes.
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 6 - Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection and arrangement thereof, are owned by AbLe Cart, its affiliates or licensors and are protected by UK and international patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.
AbLe Cart's names, logos, product and service names, designs, and slogans are trademarks of AbLe Cart or its affiliates or licensors. You must not use such trademarks without the prior written permission of AbLe Cart. All rights not expressly granted herein are reserved by AbLe Cart.
Section 7 - Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools is entirely at your own risk and discretion.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Complaints or concerns regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
AbLe Cart is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with AbLe Cart.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and AbLe Cart, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with AbLe Cart.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because 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 them for you. Information you submit may be transmitted to Shopify and third parties that may be located in other countries than where you reside.
Section 11 - Marketing Communications
By submitting your email address and/or phone number through any marketing sign-up form on our Services (including pop-ups, footer forms, or promotional landing pages), you consent to receiving marketing communications from AbLe Cart via the channels applicable to the information you provide:
- Email - promotional offers, product updates, and newsletters.
- WhatsApp and SMS - if you provide a phone number, you consent to receiving marketing messages via WhatsApp and/or SMS, including offers, order updates, and promotional campaigns sent from AbLe Cart or authorised service providers on our behalf.
Message frequency may vary. Standard message and data rates may apply depending on your mobile carrier.
You may opt out of marketing communications at any time by clicking the unsubscribe link in any email, replying STOP to any WhatsApp or SMS message, or contacting us at service@ablecart.co.uk. Opting out of marketing communications will not affect transactional messages related to your orders or account.
Section 12 - Feedback
If you submit any ideas, suggestions, feedback, reviews, proposals or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback will comply with these Terms.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, or otherwise objectionable. You are solely responsible for any Feedback you make and its accuracy.
Section 13 - Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Section 14 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame or intimidate any person; (e) to transmit false or misleading information; (f) to send spam, junk mail, chain letters or unsolicited solicitations; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
Section 15 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time 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 following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 16 - 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 such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY AbLe Cart, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE 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 WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 17 - Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL AbLe Cart, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless AbLe Cart, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defence and settlement of such claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defence of indemnified claims.
Section 19 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 21 - 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 will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You and AbLe Cart consent to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising under these Terms.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to us at service@ablecart.co.uk.
AbLe Trading Limited
Suite RA01, 195–197 Wood Street, London, E17 3NU
Email: service@ablecart.co.uk
Phone / WhatsApp: +44 7356 259 089
Company number: 16474474