1. Acceptance of these Terms of Use
BY REGISTERING FOR AND/OR ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PLACING AN ORDER FOR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT INTEND TO ACCEPT THIS AGREEMENT AND EACH OF ITS TERMS, YOU MAY NOT USE THIS WEBSITE. YOU WILL BE REQUIRED TO ACCEPT THE TERMS OF THIS AGREEMENT (AS
SAME MAY BE AMENDED) EACH TIME YOU PLACE AN ORDER WITH US, AND IF YOU DO NOT ACCEPT THE TERMS YOU WILL NOT BE ABLE TO PLACE AN ORDER.
If you are entering into this Agreement on behalf of an entity, you hereby represent that you are an employee or agent of the entity and that you have authority to enter into this Agreement on such entity’s behalf. Additional services identified on or available may be subject to additional terms separate from this Agreement.
2. Amendments of these Terms and Conditions
Abc System LLC may, in its sole discretion, revise this Agreement from time to time by updating these Terms of Use or the Privacy Policy, with the revised terms taking effect on the date of posting. You should review this Agreement every time you use abcsystemstore.com, as this Agreement is a legal contact binding on you (or the entity that you represent). Your continued use of the Website after the posting of any revisions constitutes your acceptance of the revised version of this Agreement.
3. Usage Rights
You are prohibited from using this Website to:
(i) transmit, store, embed or otherwise make available any information or material that infringes any intellectual property or other proprietary rights of Abc System LLC, its affiliates or any third party, including, without
limitation, copyright, trademark, patent, and rights of privacy or publicity;
(ii) transmit, store or otherwise make available material that disrupts or corrupts the Website, imposes an unreasonable or disproportionately large load on the Website’s servers or infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website;
(iii) transmit, store or otherwise make available material (including in Feedback) that is false, libelous, defamatory, obscene, vulgar, threatening, abusive, offensive, pornographic, profane, sexually explicit, or constitutes hate speech, or adversely affects Abc System LLC’s or its advertisers’ and affiliates’ business, or is otherwise objectionable in Abc System LLC’s sole discretion;
(iv) transmit, store or otherwise make available material that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
(v) transmit, store or otherwise knowingly or negligently make available a virus, Trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material that contains any information, software or other material of a commercial or proprietary nature;
(vii) transmit, store or otherwise make available material that contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or other solicitations of any kind; (viii) transmit, store or otherwise make available material that constitutes or contains false or misleading indications of origin or statements of fact;
(ix) use or attempt to use another person’s personal information, account data or password except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party
including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; and
(xi) use automated scripts to collect information from or otherwise interact with the Website
4. Offer and Acceptance of Product Purchases
Subject to your compliance with and acceptance of this Agreement, we invite you to place an order (“Order”) with us to order products (“Products”). For the avoidance of doubt, the presentation and display of Products in our online store does not constitute a legally binding offer from us. Abc System LLC makes an effort to accurately describe and display the Products and their availability on the Website, but there may still be pricing inaccuracies, availability errors or specifications or Product display mistakes. Colors and textures of Products may be displayed differently on different computers and using different browsers. Accordingly, we do not guarantee the accuracy or completeness of the information on the Website, including prices, Product images, specifications, Product availability and other information. Abc System LLC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We cannot guarantee that Products are in stock until shipped by us, which is evidence of Abc System LLC’s acceptance of an Order or a portion of it. Your Order is considered to be an offer to Abc System LLC to purchase the Products. After receipt of a relevant Order, Abc System LLC, at its sole discretion, may accept or reject such Order. Abc System LLC’s confirmation or acknowledgment of an Order means that your Order request has been received but it does not mean that your Order has been accepted or shipped or that the price or availability of a Product has been confirmed. As part of our shipping procedures, we verify the availability and the price before an item is shipped. In addition, all Orders are subject to our posted Return/Exchange and Shipping Information policies, which form a part of this Agreement, and are applicable to specific Products as of the time of purchase. If we determine that there were inaccuracies in our Product information (pricing, availability, Product description or specifications), we either will cancel your Order and notify you of such cancellation via email, or provide you with the corrected information via email and allow you to cancel or complete the Order. Prices displayed are quoted in Euro, included shipping charges and, where applicable, VAT tax, and are valid and effective only in the UE
5. Other Terms of Use / Terms of Purchase
This Agreement shall take precedence over your (or your entity’s) additional or different terms and conditions, to which notice of objection is hereby given, unless we specifically agree to them in writing.
Accounts In order to interact with the Website (such as to place an order or open an account), you must create an account (“Account”) with Abc System LLC through the online registration process
6. Account Registration; Account Settings; Passwords; Termination
a) Age Restrictions: The use of this Website is restricted to those 18 years of age or older. You may not create an Account unless you can form legally binding contracts in compliance with all applicable local, state, national, and
international laws, rules and regulations, and only if you are 18 years of age or older.
b) Your Account Information: By submitting a registration form or creating a password on the Website, you represent to us that (i) you meet any age restrictions posted on the registration page(s) and (ii) the information you have provided on your registration form (“Account Information”) is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Website to keep it true, accurate, current and complete.
c) Passwords: You are responsible for maintaining the confidentiality of your Account password. You will be solely
responsible for the activities of anyone accessing the Website using a password assigned to you, even if the individual is not, in fact authorized by you, and Abc System LLC is not responsible for any loss that results from the unauthorized use of your username/password with or without your knowledge. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Website, and notify us at abcsystemstore@gmail.com
d) Permitted Uses: Use of Accounts and the Website is limited to your own personal, noncommercial use only, or for the specific non-commercial use by your clientele if you are acting as an agent for others (such as a professional designer) and you may not exploit or use any aspect of our Website for any commercial purpose without our prior written authorization.
e) Account Termination: Abc System LLC has the right, in its sole discretion and without notice or liability to you or any
third party, to terminate any Account on this Site for cause, without limitation, based upon (a) breach or violation of this Agreement or other agreements or guidelines of Abc System LLC, (b) requests by law enforcement or government agencies, (c) discontinuance of such Account services or modification of the Website, (d) unexpected technical or security issues or problems, and (e) extended periods of Account inactivity. Termination of your Account may include removal of access to all offerings requiring registration and, at Abc System LLC’s sole discretion, the deletion of your account. Passing of the Risk, Title and Security a) Unless otherwise specified in writing by us, title and the risk of damage or loss of the Products shall pass to you as soon as the Products are made physically available to you or are handed over by Abc System LLC or its agents to a common carrier in the case of delivery.
Insurance coverage, transportation costs and all other expenses applicable to shipment will be your responsibility, unless expressly stated by us to the contrary.
b) You hereby grant Abc System LLC a first priority purchase money security interest in the Products and in all proceeds from, all accessions to, substitutions and replacements for such Products to secure your performance of your obligations to us hereunder, and, if required by Abc System LLC in its sole discretion as a condition of purchase, you shall execute and deliver such separate security agreement(s), financing statements or other documents as may be necessary to evidence or perfect such security interests
7. Payment
a) You agree to pay for all Products we sell to you. Unless otherwise agreed expressly in writing by us, the purchase price of the Products is payable with the Order. We accept only bank transfer payments.
Our bank details:
IBAN: BE45967013233489
BIC/SWIFT: TRWIBEB1XXX
TransferWise Europe SA
Avenue Marnix 13-17
1000 Bruxelles (Belgium)
If your method of payment fails, Abc System LLC may cancel the Order and/or may take steps to collect past due amounts using other collection mechanisms, including third party collection agencies.
You will also be liable to Abc System LLC for any expenses incidental to the collection of past due amounts, including reasonable attorneys’ fees and court costs. If Abc System LLC cancels an Order or you are permitted to cancel an Order under Paragraph 3 above based on inaccurate pricing or Product descriptions on the Website, we will credit or refund the Purchase price of the Order.
b) You acknowledge that your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including, for illustration purposes only, Orders, notices of cancellation, policies, contracts and applications.
8. Privacy Policy
Abc System LLC takes your privacy seriously.
By agreeing to this Agreement you also accept the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Website, please carefully review our Privacy Policy. All personal data provided to us as a result of your use of the Website will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs, subject to applicable laws and regulations.
9. Ownership of Website and Content
a) Site Content: As between you and us, we own and reserve all rights, title and interests in the Website, including all of the software and code that comprise and operate the Website, and all of the content on the Website.
b) License to you: We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the content of the Website to which you have properly gained access for your personal use. You are not permitted to remove, modify or obscure any copyright, trademark, or other proprietary notices from such content (unless you posted the content). The foregoing license is subject to this Agreement and does not include the right to use any data mining, robots, scraping or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.
c) Restrictions: You may not, and you may not permit others to, copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the content on the Website (except your “Feedback,” as defined below) except as expressly provided in this Agreement without our prior written permission. Any use of the Website, including any content of the Website (except your Feedback), other than as specifically authorized in this Agreement, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
10. Links to the Website
We grant you permission to create hyperlinks to the home page of public pages within the Website, provided that the hyperlink accurately describes the content as it appears on the applicable page of the Website. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of the Website is accessed from a link featured on your web Website, each page within the Website must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Website.
11. Third Party Websites and Content
a) The Website may contain links to websites operated by other entities. If you decide to visit any linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Abc System LLC makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
Products, services and content offered to or through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours.
b) Abc System LLC may also post or otherwise provide content of third parties (“Third Party Content”) as a service to those that might be interested in this information. Abc System LLC does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Abc System LLC is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
c) You agree that Abc System LLC is not responsible for examining or evaluating for accuracy or otherwise any Third Party Content, and does not warrant and will not have any liability or responsibility for any Third Party Content or websites, or for any other materials, products, or services of third parties. You agree to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Abc System LLC is in no way responsible for your use.
12. Warranties; Disclaimer
a) Subject to the provisions of paragraph 3 of this Agreement, Abc System LLC warrants that all Products delivered within the scope of these Terms and Conditions will meet the specifications listed at the time of shipment (which may differ from the specifications displayed on the Website and in any applicable written product information (“Specifications”). The warranty for the Products is set forth in the applicable Specifications. If a warranty expiration date is not provided on the relevant Product Specifications, then the warranty for such Product shall last for a period of two (2) years from its date of shipment Should any of the Products prove to not conform to the applicable Specifications, you must promptly notify Abc System LLC with all particulars in support of a warranty claim, and you will then receive a Return Goods Authorization (RGA) and instructions from Abc System LLC. Your sole and exclusive remedy for Products which, upon return to Abc System LLC and upon Abc System LLC’s examination, prove to not conform to the Specifications, shall be, at Abc System LLC’s option, for Abc System LLC to repair or replace such
Products, or refund the purchase price of the Products. The warranty extends only to the original purchaser of the Products and is not transferable to any other party.
b) EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN AND IN THE SPECIFICATIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABC SYSTEM LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORAL, WITH RESPECT THE ACCURACY, AVAILABILITY OR LATENCY OF THE WEBSITE, THE SERVICES OR THE PRODUCTS DESCRIBED ON OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABC SYSTEM LLC, ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY. ABC SYSTEM LLC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT, MATERIALS OR SERVICES, OR TO STORE ANY PERSONALIZED USER SETTINGS OR INFORMATION ON THIS WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED “AS IS.” ABC SYSTEM LLC MAKES NO WARRANTIES OF ANY KIND THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL BE ERROR FREE. TO THE EXTENT A WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD CONTAINED HEREIN.
c) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR ANY LOSS OF DATA OR OTHER INFORMATION THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
13. Limitation of Liability
a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENTS, AFFILIATES, OFFICERS, DIRECTORS, SPONSORS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABC SYSTEM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS AND THE WEBSITE, OR OTHERWISE RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PRODUCTS OR THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, YOUR USE OF THE WEBSITE AND ANY PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR YOUR OWN DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
14. Indemnity
You will indemnify and hold harmless Abc System LLC and its parents, subsidiaries, affiliates, officers, directors, sponsors, employees, suppliers and contractors, from any liability, loss, expense or demand, including, without limitation, reasonable attorneys’ fees, arising out of any claim made by any third party concerning or relating to (i) any false information you provide to Abc System LLC; (ii) any Feedback you submit to or through the Website; or (iii) your use of the Website, your connection to the Website, your violation of this Agreement, or your violation of law or the rights of anyone else.
15. Choice of Law, Jurisdication and Time to File Claims
THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, AND THIS AGREEMENT SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
YOU AND ABC SYSTEM LLC HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE AND COUNTY OF DELAWARE FOR ANY LEGAL PROCEEDINGS RELATED TO, CONCERNING OR ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL CLAIMS, DISPUTES AND ISSUES RELATING TO ANY ORDER, AND YOU AND WE EXPRESSLY WAIVE ANY DEFENSE OR
OBJECTION BASED ON SUCH VENUE OR INCONVENIENT FORUM. YOU AND ABC SYSTEM LLC EXPRESSLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH CLAIMS, COURT ACTION OR PROCEEDINGS.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, PURCHASE AND USE OF PRODUCTS OR THIS AGREEMENT MUST BE FILED WITHIN
ONE (1) MONTH AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
16. Miscellaneous
a) Notice: We reserve the right to send you notices via e-mail or regular mail. We may also display notices or links on the Website as described in this Agreement.
b) Assignment: You may not assign, delegate or otherwise transfer your Account or your obligations under this Agreement. Abc System LLC will have the right, in its sole discretion, to transfer or assign all or any part of its rights under this Agreement and will have the right to delegate or use third party contractors to fulfill its duties and obligations under this Agreement.
c) Severability: If any clause or provision of this Agreement will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will promptly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.
d) Captions: The captions of each Section are added as a matter of convenience only and will be considered of no effect in the construction of any provision of this Agreement.
e) Attorneys’ fees: If any party hereto will bring any suit or action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.
f) Survival: Sections 1, 2, 10, through this Section 16 will survive the termination of this Agreement.
g) Waiver: Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof will not be deemed a waiver of such terms, covenants and conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writing and signed by an authorized officer of Abc System LLC.
h) Entire Agreement: This Agreement (as same may be amended from time to time), including these Terms of Use and our Privacy Policy, constitutes the entire agreement between you and Abc System LLC and governs your use of the Website, superseding any prior agreements between you and Abc System LLC with regard to your use of the Website.
i) Force Majeure: Abc System LLC will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communication outages, fire, flood, war, or earthquakes
17. Contact us for any question
If you have any questions regarding this Agreement, please contact us by email at
abcsystemstore@gmail.com
18. Return and Exchange
Please inspect your purchase immediately upon delivery; your satisfaction with our products is of the utmost importance to us. If there is an issue with your order, contact your Abc System LLC Online Customer Service team within two (2) days of receipt via e-mail at abcsystemstore@gmail.com.
If you are not satisfied with your product, your refund will be reduced by a restocking charge equal to 10% of the purchase price. Please note that shipping charges are non-refundable. Returns must be received in original condition and packaging within 14 days. The orders will receive refunds in the form of a credit back to the original method of payment.
All returns must be accompanied with a Return Goods Authorizationnumber (RGA) which should be requested through customer service.
Please note:
We do not accept any returns or exchanges on special order (customized) products.
19. Cancellation Policy
We will only accept cancellation of your order for items that have not shipped or that are on backorder. Once an item has shipped, cancellation is not possible. Custom and special order items cannot be cancelled. Please contact your Abc System LLC Online Customer Service team for cancellation requests within 48 hours of order confirmation