Terms of service

İşte web sitenin "Hizmet Kullanım Şartları" (Terms of Service) sayfası için kullanabileceğin, Shopify standartlarına tam uyumlu ve hukuki terminolojiyi koruyan kapsamlı İngilizce çevirisi:

TERMS OF SERVICE

OVERVIEW

Welcome to mindh.! Throughout the site, the terms "we", "us" and "our" refer to mindh. mindh. operates this store and website, including all information, content, features, tools, products, and services available from this site to you, the customer, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here, in order to provide you with a personalized shopping experience (the "Services"). mindh. is powered by Shopify, which provides us with the e-commerce platform that allows us to offer the Services to you.

The following terms and conditions, along with all policies referenced herein (collectively, the "Terms of Service" or "Terms"), describe your rights and obligations when you use the Services.

Please read these Terms of Service carefully as they contain important information regarding your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, using, or interacting with 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 must 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, and that you have given us your consent to allow any of your minor dependents to use the Services through devices owned, purchased, or managed by you.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You agree that 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.

SECTION 2 - OUR PRODUCTS

We make every effort to display as accurately as possible the colors and appearances of our products and services at our online stores. However, due to the type of device you use to access the store, as well as your device's settings and configuration, colors or product appearance may differ from how they appear on your screen.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations, or that they will be exactly as shown or offered in our online stores.

All descriptions of products 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 we may limit the quantities of any products we offer on a case-by-case basis per person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. mindh. reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not considered accepted until mindh. issues an acceptance confirmation. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it. Once an order is accepted, mindh. may not be able to accommodate cancellation requests. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange only in accordance with our Return Policy.

You represent and warrant that your purchases are for your personal or household use only, and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import duties.

Prices listed on our online stores may differ from prices offered in physical stores or other online stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by separate terms and conditions apart from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you supply is true, correct, and complete; (ii) you are authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We cannot be held responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We cannot be held liable for delays caused by shipping carriers, customs clearance processes, or circumstances beyond our control. When we transfer the products to the shipping carrier, the title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services and their design, selection, and arrangement, including but not limited to all trademarks, brands, texts, images, visuals, graphics, product reviews, video, and audio, are owned by mindh., its affiliates, or its licensors, and are protected by US and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly stated herein, nothing contained in these Terms shall be construed as conferring or granting you any license or other right under any patent, trademark, copyright, or other intellectual property rights of mindh., Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by mindh.

Names, logos, product and service names, designs, and slogans owned by mindh. are trademarks of mindh. or its affiliates or licensors. You may not use such trademarks without the prior written permission of mindh. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party customer tools as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service as part of the Services.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including all attached third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these third-party materials or sites, you do so entirely at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or the purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

mindh. is powered by Shopify, which provides us with the e-commerce platform that allows us to offer the Services to you. However, all sales and purchases made in our store are carried out directly with mindh. By using the Services, you acknowledge and agree that Shopify is not responsible for anything arising from the sales between you and mindh., including any injury, damage, or loss resulting from the purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with mindh.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services to you. Information you transmit to the Services will be transferred to and shared with Shopify and third parties, which may be located in countries other than your country of residence, for the purpose of providing services to you. For more information on how your personal information is used by us, Shopify, and our business partners, please review our Privacy Policy at [LINK].

SECTION 11 - FEEDBACK

If you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, develop, improve, promote the Services, fulfill our obligations, and exercise our rights under the Terms of Service.

Furthermore, you represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you disclose any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send, or procure the sending of, any "junk mail", "chain letter", "spam", or similar alternative promotional or marketing content; (h) to impersonate or attempt to impersonate another person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm mindh., Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

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

Upon termination of this agreement, the following sections will survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

UNLESS EXPRESSLY STATED BY mindh., THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO the FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL mindh., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND THE RESPECTIVE PARTIES OF ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless mindh., Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.

We will notify you of any claim that gives rise to an indemnification obligation, provided that a delay in notification does not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim, including the choice of legal counsel, at your expense; however, we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You are obligated to cooperate in the defense of indemnified claims and provide relevant documentation.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or regional courts where mindh.'s headquarters are located. You and mindh. consent to the venue and personal jurisdiction in these courts.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes made to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.