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Website Use Is “As Is” And At Your Own Risk
We make no express representations or warranties of any kind regarding the accuracy or completeness of information on this Website.
Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding the Website shall be that you leave the Website.
Our Liability Shall Be Limited
We shall not be liable for any indirect, incidental, special or consequential damages, loss of data, profits, or revenue, or cost of cover, or any similar or other damages arising from the use of the Website. Our liability for direct damages relating to the Website shall be limited to €500 in the aggregate. The aforementioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, strict liability and negligence), or any other legal theory, even if we were advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail of their essential purpose. Some countries do not allow all or part of the above limitations or exclusions of liability and, if required by applicable law, the contents of this section may not apply to you.
Responsibility for Website
This Website is operated by us pursuant to an exclusive license agreement with Thom Browne, Inc. (“TBI”). However, TBI is not responsible in any way for the operation or content of this Website and shall not have any liability in connection therewith.
We own or license the server and software on which the Website is hosted, all photos, text, videos and other content displayed on the Website, and all trademarks, logos, product names and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.
We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Website via general purpose Internet browser software for purposes of learning about products for purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. You may download to a local hard disc to the extent necessary for browsing the Website and print extracts from this Website for your personal use. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Website or any portions thereof.
If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Website) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You thoalso represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. Do not submit any materials if you cannot comply with these Terms.
Our Privacy Statement discloses how we collect, store, and process your personal information.
The laws of the Republic of Ireland govern these Terms, as well as any dispute, claim, or controversy (“Claim”) that may arise between you and us, without regard to conflict of law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). All Claims shall be adjudicated exclusively by the courts of the Republic of Ireland.
We may change the content on the Website and these Terms at any time, at our sole discretion, by publishing changes on the Website or otherwise notifying you. If we make material changes to these Terms, we’ll post a prominent notice of these changes on the Website and send you a notice of these changes by email if you have provided us your email address. If you continue using the Website after such notice is provided, you accept the new Terms.
If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
These Terms and any additional terms referenced herein or otherwise specified on the “Checkout” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.
This Site is operated by DITA Eyewear Europe, Ltd., Address: Suite1, Ground Floor Distillery Building, Fumbally Court, Fumbally Lane, Dublin D08 TE80, Ireland; Phone: +1 (204) 500-1646; Fax: +353 (0) 16 864788; Email: [email protected].
Last updated June 29, 2017.