Terms and conditions of sale
Last Updated: September 2, 2011
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services (“Product”) sold by Advanced Business Group, Inc. (“ABG”, “we”, “our”, or “us”) from our online store with a homepage located at www.abgprint.com (the “Website”). By placing your order for Product, you accept and are bound to these Purchase Terms & Conditions and any Product-specific rules or usage provisions specified on any Product detail page or in any link from a Product detail page (“Rules”). In addition, your use of the Website is subject to our Terms of Service (“Terms of Service”) . These Purchase Terms & Conditions shall apply only to your order placed and /or purchase made through the Website
By placing an order, you represent and warrant that you have read these Purchase Terms & Conditions, are at least eighteen (18) years of age, and you agree to be bound by these Purchase Terms & Conditions. If you are not at least eighteen (18) years of age, or do not wish to be bound by these Purchase Terms & Conditions, you are not authorized to place an order. If you are acting on behalf of a company or entity, you represent that you have the authority to bind such entity.
2.1 – Purchases. In the event you wish to purchase Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
2.2 – Payment. Terms of payment are within ABG’s sole discretion, and unless otherwise agreed by ABG, payment must be received by ABG prior to ABG’s acceptance of an order. Your right to any available Product is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order.
2.3 – Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If Product offered on the Website is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Website may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
2.4 – Cancellation Policy. If ABG receives a written cancellation notice from you prior to the shipment of your order, you may cancel the unfinished part of your order. Written cancellation notices must be provided via e-mail to clientservices(at)abgprint(dot)com. You shall be responsible for all charges related to work performed in connection with your order prior to the receipt of your cancellation notice; provided, however, if ABG has commenced production of your order, you shall be responsible for the entire cost of your order (excluding shipping).
2.5 – Product Availability. All Product orders are subject to availability.
2.6 – Order Questions. For any inquiries regarding Product orders, please contact us via e-mail at clientservices(at)abgprint(dot)com. If we have any questions about your order, you agree that we may contact you by phone, mail or email.
2.7 – Information and Access; Delays. You will (a) furnish accurate and complete information reasonably requested by ABG and (b) provide adequate access to your personnel, designees and agents, both to the extent reasonably necessary for ABG to fulfill its responsibilities in connection with an order for Product. We may rely on the guidance provided and/or decisions made by any of your personnel, and you shall ensure that personnel are available and responsive. Any delays attributable to a failure by you or your personnel to respond to reasonable requests by us will extend any and all deadlines for an amount of time at least equal to the delay.
2.8 – Colors. We have made every effort to display as accurately as possible the colors of Product that appear on the Website. Actual colors displayed depend on the monitor used. We cannot guarantee a monitor’s display of any color will be accurate.
2.9 – Risk of Loss. Risk of loss and title for the Product purchased via the Service pass to you upon our delivery to the carrier.
3. Your Materials
By submitting any information or material in connection with an order for Product (including, without limitation, data files, written text, computer software, sound recordings, photographs, videos, logos or other images) (“Client Material”), you give us a limited, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit such Client Material in any manner or media whatsoever, now known or hereafter developed, for the purpose of designing, developing, and reproducing the Product ordered by you and performing the services naturally associated therewith or with your order. You take full responsibility for all Client Material, and agree to secure all necessary rights to copyrighted, trademarked or other material. You represent and warrant to us that Client Material will not violate the rights of any third party and will not give rise to any claim of such violation, including, without limitation, claims of libel, slander, defamation, copyright infringement, infringement of moral rights, trademark or patent infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights.
4. disclaimer of warranties
Without limiting the Disclaimer of Warranties in our Terms of Service, Product is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, ABG disclaims all warranties, expressed or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, availability, quality and non-infringement. ABG does not warrant or make any representations regarding the use or the results of the use of Product in terms of its correctness, accuracy, reliability, quality, or otherwise. Product could include technical inaccuracies or typographical errors. Product could be inaccurate or become inaccurate as a result of future developments. ABG undertakes no obligation to verify or maintain the currency of such information. ABG makes no representation or warranty that Product will be error free or that all errors will be corrected.
5. Limitation of Liability
Without limiting the Limitation of Liability in our Terms of Service, under no circumstances shall ABG or any of its officers, directors, employees, licensors and/or agents (“ABG Parties”) be liable to anyone for any indirect, special, incidental, consequential, punitive or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage), arising out of or in any way connected to these Purchase Terms & Conditions and/or the Rules and/or the Terms of Service and/or the use of, or the inability to use, Product. ABG shall not be liable even if ABG or a ABG authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, or delay. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the ABG Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for Product related to the claim for damages.
You hereby agree to defend, indemnify and hold ABG, and its respective officers, employees, directors, agents, licensors, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of (i) Client Material, (ii) your failure to comply with these Purchase Terms & Conditions, and (iii) your violation of any applicable laws or rights of us or any third party.
7. Governing law
These Purchase Terms & Conditions and any disputes arising under or related to these Purchase Terms & Conditions or any Product will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Purchase Terms & Conditions (whether for breach of contract, tortious conduct or otherwise) or with respect to any Product will be brought exclusively in the state courts of New York located in New York, NY or the United States District Court for the Southern District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect thereto. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Purchase Terms & Conditions or Product.
If any provision of these Purchase Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Purchase Terms & Conditions may be assigned by ABG, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Purchase Terms & Conditions, along with the Terms of Service and any other written terms and conditions regulating use of the Website and Product, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Website.
9. Contact us
f you have any questions or concerns regarding your order or Product, please contact us by e-mail at email@example.com or write to us at Advanced Business Group, Inc., 266 West 37th Street, 15th Floor, New York, NY 10018.
1. Information Collection and Use
Our primary goals in collecting information are to provide and improve our Service, to administer your orders, to communicate with you, and to enable users of the Service to enjoy and easily navigate the Service.
When you wish to contact us, create an account on the Service, edit account details, purchase products or services via the Service, or when you join our mailing lists, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, e-mail address, shipping addresses, billing address, credit card account number, and telephone number. Personal Information also includes, but is not limited to, certain optional information that you may share with us such as your date of birth, tax/VAT number, and fax number.
We also collect other information that you provide or give us access to when you use the Service (“Non-Identifying Information”).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide and improve the Service, authenticate your account registration, and to respond to your inquiries and otherwise communicate with you. If you make a purchase via the Service, we will use your Personal Information to administer your order and to deliver products and services to you. We may also use your Personal Information for our own advertising and data analysis purposes as well as in other ways naturally associated with the circumstances in which you provided the information. We may use Non-Identifying Information for any purpose.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other visitors or sources to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Service is used. We may also use the combined information without aggregating it to serve you specifically.
When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to better tailor the Service to our visitors’ needs. We do not treat Log Data as Personal Information or use it in association with Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated herein regarding other Non-Identifying Information.
Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information or social security number or national identification numbers in an unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s Service at http://www.ftc.gov.
2. Information Sharing and Disclosure
Third Party Service Providers
We may engage third party companies and individuals to facilitate our Service, to provide the Service on our behalf, and to perform other services on our behalf (e.g., without limitation, maintenance services, payment processors, and product delivery services). These third parties may have access to your Personal Information. If they do, this access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your Personal Information, except to the extent required by law.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of us, our affiliates or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
We may sell, transfer or otherwise disclose some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
If you have created a user account on the Service, you may edit or delete some of your Personal Information in our system. If you would like us to change or delete your Personal Information in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or legitimate business reason to retain the Personal Information. See below for contact information. Please note we may retain server/backup copies of all such data.
We are very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your Personal Information from unauthorized access.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on our Service in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Third Party Sites and Services
Our Service may contain links to, or content from, third party websites and services. The fact that we link to a website or display a banner ad or other type of advertisement or content is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or services. These other websites and services may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
We do not knowingly collect personally identifiable information from children under 13 via the Service. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy(at)abgprint(dot)com. If we become aware that a child under 13 has provided us with Personal Information via the Service, we will delete such information from our files.