AGB
OVERVIEW
Welcome to A.B.M. PRODUCTIONS. Throughout the site, the terms "we", "us" and "our" refer to A.B.M. PRODUCTIONS. A.B.M. PRODUCTIONS operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a tailored shopping experience (the "Services"). A.B.M. PRODUCTIONS is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and address topics 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 the Privacy Policy, you may not access or use 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, province, or region of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchased, or manage.
To access or use the Services, navigate our online store, or purchase products and services, you may be required to provide certain information, including your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you are fully authorized to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person or entity.
SECTION 2 – PRODUCTS AND PRINT ON DEMAND FULFILLMENT
All physical merchandise offered in our store is produced via Print on Demand through our manufacturing and fulfillment partner Gelato. Each physical product is custom-printed and assembled individually for you upon placement of your order.
We have made every effort to display the colors and designs of our products as accurately as possible. However, slight variations in color tone, positioning, and material finish may occur due to technical display settings and the custom printing process. Such slight variations do not constitute product defects.
Your statutory warranty rights under applicable law remain fully unaffected.
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 to limit product quantities on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you submit a binding offer to purchase. A.B.M. PRODUCTIONS reserves the right to accept or decline your order in our sole discretion. Your order is considered accepted only after formal electronic confirmation. Acceptance is subject to successful payment authorization.
Due to our automated Print on Demand production workflow, orders are transmitted directly to production; cancellations or changes after order confirmation may therefore not be possible.
Returns and exchanges are governed exclusively by our Return Policy.
Special Notice on the Early Expiration of the Right of Withdrawal: The right of withdrawal expires in the case of a contract for the supply of digital content not supplied on a tangible medium if the trader has begun the execution of the contract after the consumer expressly agreed that the trader begins the execution of the contract before the expiration of the withdrawal period, and acknowledged that through their consent they lose their right of withdrawal with the start of the execution of the contract.
You represent and warrant that all purchases are intended solely for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless explicitly indicated, prices do not include shipping costs, customs duties, or import taxes.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You agree to promptly update your details, including your email address, credit card numbers, and expiration dates, to allow smooth transaction processing.
You represent and warrant that (i) your payment details are valid and complete, (ii) you are authorized to use the chosen payment method, (iii) all charges will be honored by your payment provider, and (iv) you will pay the total posted amount, including shipping and applicable taxes.
SECTION 5 – PRODUCTION, SHIPPING, AND DELIVERY
Because physical goods are produced on demand, total delivery times consist of production/fulfillment time by Gelato plus carrier transit time. All provided delivery dates are non-binding estimates.
We are not liable for delays caused by shipping carriers, customs clearance procedures, or events outside our reasonable control. For consumer purchases, risk of accidental loss or damage transfers upon physical handover of the merchandise to you or your designated recipient.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, artwork, graphics, digital media, audio tracks, video assets, text, and visual designs, are the exclusive property of A.B.M. PRODUCTIONS, its affiliates, or licensors, protected under applicable national and international copyright and intellectual property laws.
You are granted permission to access and use the Services strictly for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any material without our explicit prior written consent. All rights not expressly granted are reserved by A.B.M. PRODUCTIONS.
Brand names, logos, and product designs of A.B.M. PRODUCTIONS and Shopify are protected trademarks. Third-party trademarks remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools as part of our Services over which we have no monitoring or operational control.
Access to these tools is provided "as is" and "as available" without any endorsements or warranties. Your use of optional third-party tools is entirely at your own risk and discretion, subject to the terms of the respective third-party providers.
Any future features, tools, or resources released through the platform will likewise be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain materials or hyperlinks to third-party websites. We are not responsible for examining or evaluating third-party content or accuracy. We assume no liability for any transactions, goods, or content acquired via third-party websites. Inquiries or complaints regarding third-party products should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
A.B.M. PRODUCTIONS utilizes the e-commerce infrastructure of Shopify. However, all purchase contracts are entered into exclusively between you and A.B.M. PRODUCTIONS. Shopify is not a party to the contract and bears no liability for transactions, products, or services fulfilled by A.B.M. PRODUCTIONS.
SECTION 10 – PRIVACY POLICY
All personal data collected through our Services is handled in accordance with our Privacy Policy and the Shopify Privacy Policy. By using our Services, you acknowledge that customer data is processed and transmitted to Shopify and fulfillment partners such as Gelato to execute and complete your orders.
SECTION 11 – USER FEEDBACK AND SUBMISSIONS
If you submit creative ideas, reviews, suggestions, or comments (collectively, "Feedback"), you grant A.B.M. PRODUCTIONS a perpetual, worldwide, royalty-free, transferable license to use, publish, distribute, and display such content across any media format.
You warrant that your Feedback does not violate third-party intellectual property or privacy rights and contains no defamatory, unlawful, or harmful code. You are solely responsible for the content and accuracy of your submissions.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasional errors, inaccuracies, or typographical omissions regarding product descriptions, pricing, shipping fees, or availability may occur. We reserve the right to correct any errors and to update details or cancel affected orders without prior notice, including after order submission.
SECTION 13 – PROHIBITED USES
You agree to use our Services solely for lawful purposes. You are prohibited from: (a) using the site for unlawful or fraudulent activities; (b) violating international, federal, state, or local laws; (c) infringing upon our or third parties' intellectual property; (d) harassing, abusing, or defaming individuals; (e) submitting false or misleading information; (f) transmitting malware or harmful code; (g) sending unsolicited advertising or spam; (h) impersonating other individuals or entities; or (i) attempting to circumvent platform security features. We reserve the right to terminate access for any prohibited conduct.
SECTION 14 – TERMINATION
We reserve the right to suspend or terminate your account or access to the Services at any time for cause without prior notice. You remain liable for all amounts incurred up to the termination date.
Clauses governing Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and Privacy will survive any contract termination.
SECTION 15 – DISCLAIMER OF WARRANTIES AND STATUTORY RIGHTS
General informational content on our Services is provided without guarantee of completeness or continuous accuracy. Use of the website is at your own discretion.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ONLINE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MANDATORY STATUTORY WARRANTY RIGHTS (GESETZLICHE GEWÄHRLEISTUNGSRECHTE) ACCORDED TO CONSUMERS UNDER APPLICABLE LAW IN CASE OF DEFECTIVE MERCHANDISE.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, A.B.M. PRODUCTIONS, ITS DIRECTORS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR REVENUE ARISING OUT OF YOUR USE OF THE SERVICES.
THIS LIMITATION DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INJURY TO LIFE, BODY, OR HEALTH UNDER MANDATORY APPLICABLE CONSUMER PROTECTION LAWS.
SECTION 17 – INDEMNIFICATION
You agree to defend, indemnify, and hold harmless A.B.M. PRODUCTIONS, Shopify, and our affiliates from any third-party claims, liabilities, damages, or legal expenses arising out of your breach of these Terms of Service, violation of applicable law, or infringement of third-party rights.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
SECTION 19 – ENTIRE AGREEMENT AND WAIVER
The failure to enforce any right or provision of these Terms of Service does not constitute a waiver of that right. These Terms and referenced policies constitute the entire agreement between you and A.B.M. PRODUCTIONS regarding the use of our Services.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your contractual rights or obligations without our prior written consent. We may assign our rights and obligations under these Terms to any corporate affiliate or successor without restriction.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any purchase contracts shall be governed by and construed in accordance with the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers residing within the European Union, mandatory statutory consumer protection laws of your country of residence remain fully applicable.
SECTION 22 – CONSUMER DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR). We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
SECTION 23 – CHANGES TO TERMS OF SERVICE
The most current version of these Terms of Service is accessible at all times on this page. We reserve the right to update or modify these Terms by publishing updates to our website. Material changes will be communicated in accordance with legal requirements.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to info@abm-productions.com.
Our official business contact information:
A.B.M.-PRODUCTIONS
Andreas Brückmann Einzelunternehmer
info@abm-productions.com
Lindenweg 9, D-92289 Ursensollen, Germany