Terms of service

Terms of Service

Overview

Welcome to Breakfall Apparel! The terms "we", "us" and "our" refer to Breakfall Apparel. 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 Privacy Policy, you should not use or access 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 or province of residence. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen. Some of our products are made to order and produced by trusted third party fulfillment partners. As a result, production times may vary. Please refer to our Shipping Policy for estimated processing and delivery times.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Breakfall Apparel reserves the right to accept or decline your order for any reason. Please review your order carefully before submitting, as Breakfall Apparel may be unable to accommodate cancellation requests after an order is accepted, particularly for made-to-order items that have already entered production.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, third party production partners, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. Please refer to our Shipping Policy for full details.

Section 6 - Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, and audio, are owned by Breakfall Apparel and are protected by U.S. and foreign intellectual property laws. You must not reproduce, distribute, modify, or transmit any material on the Services without our prior written consent.

Section 7 - Optional Tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 - Third-Party Links

The Services may contain links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites.

Section 9 - Relationship with Shopify

Breakfall Apparel is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Breakfall Apparel. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Breakfall Apparel.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium for any purpose.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any regulations or laws, to infringe upon intellectual property rights, to harass or harm any person, or to transmit false or misleading information.

Section 14 - Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 15 - Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY BREAKFALL APPAREL, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Section 16 - Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BREAKFALL APPAREL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS.

Section 17 - Indemnification

You agree to indemnify, defend and hold harmless Breakfall Apparel, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Section 18 - Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Breakfall Apparel is headquartered. You and Breakfall Apparel consent to venue and personal jurisdiction in such courts.

Section 19 - Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service at any time. Your continued use of the Services following any changes constitutes acceptance of those changes.