SIMPLY ABENI — TERMS OF SERVICE

OVERVIEW

Welcome to Simply Abeni! The terms “we,” “us,” and “our” refer to Simply Abeni. Simply Abeni 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”). Simply Abeni is powered by Shopify, which enables us to provide the Services to you.

These 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 our 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 province, territory, state, or jurisdiction of residence, or that you are the age of majority and have given consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and 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 this information.

You are responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to accurately represent our products in our online store. However, colours and product appearance may vary depending on your device, screen settings, lighting, and other factors.

Many Simply Abeni products are handmade. As a result, slight variations in stitching, crochet work, fabric or pattern placement, texture, colour placement, measurements, and other handmade details may occur. These natural variations are part of the unique nature of handmade goods and are not considered defects.

We do not guarantee that the appearance of a product will be identical to how it appears on your screen.

Product descriptions, availability, designs, materials, colours, and other product details may be changed without notice. We reserve the right to discontinue products and to limit quantities available to any person, geographic region, or jurisdiction where permitted by law.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase products from Simply Abeni. We reserve the right to accept, decline, limit, or cancel an order where permitted by applicable law.

Payment must be successfully authorized and processed before an order can be completed.

Please review your order carefully before submitting it. Once an order has entered processing, production, or shipping, we may be unable to accommodate changes or cancellation requests.

If we need to change, decline, or cancel an order, we will attempt to contact you using the information provided with your order.

Returns, refunds, and cancellations are subject to our Return & Refund Policy.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price displayed when your order is placed, subject to correction of obvious pricing or technical errors as permitted by applicable law.

Applicable taxes and shipping charges will be displayed or calculated as required during checkout.

Where international shipping is available, customs duties, import taxes, brokerage charges, and other fees imposed by the destination country may apply and are the customer’s responsibility unless otherwise stated.

You agree to provide current, complete, and accurate purchase, payment, and account information when making a purchase.

You represent that you are authorized to use the payment method submitted with your order.

SECTION 5 — SHIPPING AND DELIVERY

Available shipping methods, rates, and estimated delivery times are provided during checkout where applicable.

Processing times and shipping/transit times are separate. Products that are handmade or made to order may require additional processing time.

All delivery dates and transit times are estimates unless expressly stated otherwise.

Simply Abeni is not responsible for delays caused by shipping carriers, customs processing, weather, service disruptions, incorrect addresses provided by customers, or other circumstances outside our reasonable control.

Nothing in these Terms is intended to limit any rights or remedies available to customers under applicable consumer protection laws.

Please refer to our Shipping Policy for additional information regarding shipping, tracking, delayed packages, damaged shipments, and international orders.

SECTION 6 — INTELLECTUAL PROPERTY

Unless otherwise indicated, the content available through Simply Abeni, including our text, photographs, graphics, videos, designs, branding, product names, logos, website content, original creative materials, and the selection and arrangement of such content, is owned by Simply Abeni or used with permission from the applicable rights holder.

Such content may be protected by applicable Canadian and international copyright, trademark, and other intellectual property laws.

The Services are provided for your personal, non-commercial use. Unless expressly permitted by law or authorized by Simply Abeni in writing, you may not reproduce, distribute, modify, republish, commercially exploit, or create derivative works from Simply Abeni’s protected content.

Nothing in these Terms grants you ownership of or a licence to Simply Abeni’s intellectual property except as expressly stated.

Shopify’s names, trademarks, logos, and other intellectual property belong to Shopify or its applicable licensors. Other third-party trademarks and intellectual property remain the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties as part of the Services.

We may not monitor or control these third-party tools. Access to such tools may be provided “as is” and “as available,” subject to applicable law.

Your use of optional third-party tools is at your discretion, and you should review and understand the applicable third party’s terms and policies before using them.

We may introduce new features, tools, or resources through the Services in the future. Such features may also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites, services, or content operated by third parties.

Simply Abeni is not responsible for evaluating or guaranteeing the accuracy, availability, practices, products, services, or content of third-party websites.

If you choose to access a third-party website or service, you do so subject to that third party’s terms and policies.

Questions or concerns regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Simply Abeni 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 Simply Abeni.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Simply Abeni, 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 Simply Abeni.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information in connection with your access to and use of the Services in order to provide and improve its services.

Information submitted through the Services may also be processed by service providers and other parties involved in operating the store, processing payments, fulfilling orders, providing analytics, or delivering other functionality.

Please review the Simply Abeni Privacy Policy available through our website for more information about how personal information is collected, used, disclosed, and protected.

SECTION 11 — FEEDBACK

If you voluntarily submit reviews, photographs, suggestions, ideas, feedback, or other content (“Feedback”) to Simply Abeni, you represent that you have the necessary rights to submit that content.

Where you submit Feedback for publication or promotional use, you grant Simply Abeni a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, and share that Feedback for purposes related to operating and promoting the business, subject to applicable law.

You agree that your Feedback will not violate the rights of another person, including intellectual property, privacy, or other proprietary rights, and will not contain unlawful, abusive, defamatory, obscene, or malicious material.

We reserve the right, but are not obligated, to remove Feedback that violates these Terms or applicable law.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, transit times, or other information.

Where permitted by applicable law, we reserve the right to correct errors, inaccuracies, or omissions and to update information when necessary.

Nothing in this section limits rights available to customers under applicable consumer protection laws.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable international, federal, provincial, territorial, state, or local laws; infringe intellectual property or other legal rights; transmit malicious software; engage in fraud or impersonation; harass or harm others; collect personal information unlawfully; distribute spam; interfere with the security or operation of the Services; or engage in conduct intended to circumvent security or access restrictions.

You may not reproduce, duplicate, copy, sell, resell, scrape, extract, or commercially exploit protected portions of the Services except where expressly authorized by Simply Abeni or permitted by applicable law.

We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 — AGENTS AND AUTOMATED ACCESS

Automated systems, software agents, bots, scraping tools, or similar technologies may not access or interact with the Services in a manner that violates applicable law, circumvents security measures, misrepresents automated activity as human activity, or otherwise violates these Terms.

We reserve the right to implement reasonable technical measures to manage or restrict automated access to the Services.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services where permitted by applicable law, including where these Terms have been materially violated.

You remain responsible for amounts properly owing for purchases made before termination.

Provisions that by their nature should continue after termination, including intellectual property, limitation of liability, governing law, privacy, and other applicable provisions, will survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

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

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Simply Abeni and its service providers will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of the Services or products purchased through the Services where such liability may lawfully be limited.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Simply Abeni and its applicable affiliates, service providers, contractors, and representatives from third-party claims, liabilities, or reasonable costs arising from your unlawful use of the Services, material breach of these Terms, or violation of the rights of another person.

SECTION 19 — 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 or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER; 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, together with the policies and other terms incorporated by reference, constitute the agreement governing your use of the Services, subject to any rights that cannot be waived under applicable law.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where otherwise permitted by applicable law.

Simply Abeni may transfer or assign its rights or obligations where permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada.

Any disputes shall be subject to the jurisdiction of the courts of Alberta, Canada, except where applicable consumer protection laws provide otherwise.

SECTION 23 — HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

The most current version of these Terms of Service will be available on this page.

We may update or replace portions of these Terms from time to time. Where required by applicable law, we will provide notice of material changes.

Continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Simply Abeni
Calgary, Alberta, Canada
Email: hello@simplyabeni.ca
Website: simplyabeni.ca