Terms & Conditions

Abovy Services Pty. Ltd.

General Terms and Conditions

(with statutory information)

1. Scope

2. Contract partner

3. Offer and conclusion of contract

4. Right of revocation

5. Prices and cost of shipment

6. Delivery

7. Payment

8. Retention of title

9. Final provisions

(The General Terms and Conditions that follow, contain both statutory information about your rights and privileges in accordance with the rules and regulations of contract agreements with respect to long distance transactions and electronic transactions.)

1. Scope

These General Terms and Conditions are applicable to all consumers for all purchases made from this website, which is the property of Abovy Services Pty. Ltd.

Both natural and legal entities are deemed to be consumers.

No deviation from these General Terms and Conditions is accepted or approved unless Abovy Services Pty. Ltd. gives its consent in writing to that effect.

2. Contract partner

The purchase contract that you enter into, is made with Abovy Services Pty. Ltd., ACN: 610 783 081, 10B Carrington Street, Palmyra 6157, WA, Australia. You may contact us for queries or for further clarification via email on : info@abovy.com or by telephone on : +61 (0)418 580 084.

3. Offer and contract law

3.1 The illustration of the products at www.abovy.com does not represent a legally binding offer,

but rather is an invitation to place an order should you wish. Errors are not accepted.

3.2 By clicking the “Order” button, you are submitting a binding order for the goods listed on the order page. The purchase contract comes into effect when we accept your order by issuing an order confirmation via email directly after receiving the order.

4. Revocation

4.1 Right of revocation

You may revoke the declaration of contract at any time within 14 days, by ; letter, e-mail, or facsimile, without needing to provide Abovy Services Pty Ltd with the reason for your change of mind, simply let us know that you have changed your mind. If the item is already in your possession before the expiry of the 14 day period – you may simply return the item, notifiying Abovy Services Pty Ltd, by ; letter, e-mail or facsimile, that you are doing so. The 14 day period in which to return an item purchased, will only begin after we have received your notification by ; letter, e-mail or facsimile, that you are revoking the contract. The 14 day period will not commence however, before you are in receipt of the item or items that you have purchased (for repeated delivery of the same goods, not before the receipt of the first consignment of your order) In order to take advantage of the contract revocation period, all notifications of an intention to revoke must be addressed to : Abovy Services Pty. Ltd., ACN: 610 783 081, 10B Carrington Street, Palmyra 6157, WA, Australia, email: info@abovy.com.
4.2 Consequences of revocation

In the case of an effective revocation, the goods and services or payments received by both parties must be returned and any utilisation made (e.g. interest) must be issued. If you cannot return the goods and services as well as utilisation of the same (e.g. benefits of usage) or if you can do so only partially or only in a deteriorated condition, you must pay compensation to Abovy Services Pty Ltd for the same. For any deterioration in the condition of the goods or items, or for the utilisation of the same, you need to pay compensation provided that the utilisation or deterioration is attributable to handling the goods or items in a manner that has clearly and obviously gone beyond a simple checking of the characteristics and the functionality of the item. “Checking the characteristics and functionality” means testing and conducting trials on the respective goods as would normally be the case in a shop or store. Goods or items that are capable of being dispatched as a package must be returned at the risk of Abovy Services. You need to bear the regular cost of return, if the goods supplied match those that were ordered and if the price of the item to be returned does not exceed $40 (Forty Australian Dollars) or for an item having a higher price, if you have not made any payment or part payment for the item at the time of revocation. Otherwise, returning the item is free of charge for you. Goods or items that cannot be shipped as a package shall be collected by us from your premises. Obligations towards reimbursement of payments must be met within 30 days. The period for you begins with the submission of your declaration of revocation or return of the item, and for us, it begins with its receipt.

4.3 Please ensure that as far as possible you have taken all reasonable steps to prevent the goods or items from being damaged or otherwise contaminated. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. Please use a protective outer packaging if possible. If you no longer have the original packaging, please arrange for suitable packaging to ensure adequate protection against transit damage in order to avoid claims for compensation on account of damage as a result of improper packaging.

4.4 Please return the goods to us as a postpaid package and retain the mailing receipt. If you let us know the cost of postage and delivery in advance, we shall be pleased to reimburse you with this cost.

4.5 Please contact us via email at info@abovy.com or on telephone at +61 (0)418 580 084 in order to notify us of your dispatch regarding the return of goods. In this way we can be assign your product as quickly as possible on its Arrival.
4.6 Please note that the details mentioned in clauses 4.3 to 4.5 are not a prerequisite for exercising the right of revocation.

5. Prices and cost of shipment

5.1 The prices mentioned on the product as it’s price includes the statutory sales tax (GST) and other price components.

5.2 The cost of shipment will be added to the price of the item purchased. You can check these under Shipment & Packaging. The cost of shipment shall be intimated to you clearly once again before completing the placement of your order.

6. Delivery

6.1 Delivery shall be made by Australia Post. All those countries to which our mail order

companies make deliveries are listed in detail under Shipment & Packaging.
6.2 The delivery lead time within Australia is approx. five working days. Deliveries which have the product originally sent from Europe or Asia may lead to a longer delivery time of 14 days or more (approx).

7. Payment

7.1 The payment may be made either by credit card (VISA, MASTERCARD), immediate bank transfer or by cash on delivery. Your credit card information is transmitted in an encoded form using the SSL method and, thus, it is secure and private.

7.2 Neither the Directors, employees nor anyone connected with the company, Abovy Services Pty. Ltd. will have access to your credit card Information.

7.3 The immediate transfer option, which is also secured by SSL, enables you to pay for your purchases via transfer with your online banking Information.

8. Retention of title

The product remains in the ownership of Abovy Services Pty. Ltd. until payment has been made in full.

9. Final provisions

The language of the contract is English. Thus, in case of any doubt or dispute, the English version of the General Terms and Conditions shall be applicable. If any provision of the General Terms and Condition is invalid or incomplete, then Australian Law shall be the applicable law.
© 2016 Abovy Services Pty. Ltd.