Limits of Breakthrough Custom Clothing Responsibility
Breakthrough Custom Clothing will be responsible for acting only on those instructions sent to Breakthrough Custom Clothing that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Breakthrough Custom Clothing is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Breakthrough Custom Clothing is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is,” “as available.” Breakthrough Custom Clothing does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. Except for the limited warranty set out above under the heading “Returns Policy and Limited Warranty,” Breakthrough Custom Clothing expressly disclaims all warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, AND NO SUCH WARRANTIES ARE given in conjunction with the SITE, THE SERVICE or any information obtained or goods ordered from breakthrough custom clothing your exclusive remedy for any breach of Breakthrough Custom Clothing limited warranty shall be the ORDER REPRINT OR purchase price refund set out above under the heading “returns policy and limited warranty.”
In no event will Breakthrough Custom Clothing be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Breakthrough Custom Clothing , or representatives thereof, are advised of the possibility of such damages, losses or expenses.
In no event will Breakthrough Custom Clothing be liable to YOU or your affiliates for any damages of any kind in any amount in excess of the purchase price you paid for the order to which the claim for damages relates.
Copyrights to Print. Release of Liability
If the customer uploads their own design or influences the product in any other way (text personalization), the customer assures Breakthrough Custom Clothing that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights.
The customer releases Breakthrough Custom Clothing from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall promptly reimburse Breakthrough Custom Clothing for all defense costs and other damages resulting from any such action.
Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. Breakthrough Custom Clothing reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
In case of the method of payment chosen by the customer not being practicable, where Breakthrough Custom Clothing has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Breakthrough Custom Clothing or a third party which carried out the transaction.
Breakthrough Custom Clothing is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, Breakthrough Custom Clothing is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to Breakthrough Custom Clothing only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.