17.1 PrepaidForge's total liability due to an imputable failure to comply with the legal relationship with User and the corresponding Terms of Use, or with a Purchase Agreement, or on any other legal ground, shall be limited to reimbursement for direct damages up to the price agreed in the relevant Purchase Agreement or in the latest Purchase Agreement (exclusive of VAT). However, PrepaidForge’s total liability for direct damages, on any legal ground, shall not exceed the amount of EUR 100.000,- in any case.
17.2 PrepaidForge's liability for indirect damage, consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage as a result of claims from User's buyers, damage related to the use of third party objects, materials, or programmes chosen by User is excluded. PrepaidForge's liability related to the mutilation, destruction, or loss of data or documents is also excluded.
17.3 PrepaidForge is not liable for damage as a result of defects in works carried out or objects delivered by third parties.
17.4 PrepaidForge is not liable for damage as a result of the fact that Products are not (or no longer) in stock.
17.5 PrepaidForge is not liable for damage as a result of Platform downtime, e.g. because of the implementation of updates or other activities to improve the Platform's functionality, or defects and malfunctions in PrepaidForge's IT environment.
17.6 PrepaidForge is not liable for damage as a result of (account) hacking.
17.7 PrepaidForge is not liable for damage as a result of consumer claims under the right of withdrawal. User indemnifies PrepaidForge against all consumer claims under the right of withdrawal.
17.8 PrepaidForge is not liable for damage as a result of a faulty or expired Product code.
17.9 The exclusions and limitations of PrepaidForge's liability described in the previous articles are without prejudice to PrepaidForge's other exclusions and limitations described in these Terms of Use.
17.10 The exclusions and limitations described in the previous articles do not apply if and insofar as the damage is the result of PrepaidForge's business management's deliberate actions or conscious recklessness.
17.11 Unless PrepaidForge's compliance is permanently impossible, PrepaidForge's liability due to imputable non-compliance with the agreement only exists if User gives PrepaidForge a notice of default immediately, giving them a reasonable term to remedy the non-compliance, and PrepaidForge culpably fails to comply with their obligations even after that term expires. The notice of default must contain a description of the non-compliance as complete and detailed as possible to give PrepaidForge the opportunity to respond adequately.
17.12 Any claim to damages is always subject to the condition that User reports the damage to PrepaidForge in writing as soon as possible after that damage is produced. Every damage claim against PrepaidForge shall expire by the lapse of six months after the claim arose, unless User takes legal action for the reimbursement of damages before that term expires.
17.13 User indemnifies PrepaidForge against all third party claims under product liability resulting from a defect in a Product or code that User delivered to a third party and that originates from PrepaidForge, unless and insofar as User proves that the damage was caused by that Product or code.
17.14 The provisions of this article, as well as other provisions and exclusions of liability referred to in these Terms of Use, also apply for the benefit of all natural persons and legal entities that PrepaidForge hires for the performance of the Terms of Use.
17.15 The provisions of this article, as well as other provisions and exclusions of liability referred to in these Terms of Use, also apply to Purchase Agreements.