WEARTECHCLUB TERMS OF USE

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These Terms of Use are comprised of the following sections below: 1. Introduction; 2. Purchasing Provisions; 3. Apps Use and 4. Miscellaneous Provisions, additional policy, the provisions to which links have been provided or the document set (collectively “Terms of Use”).

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1. INTRODUCTION

Our Apps (https://www.weartechclub.com/) and apps (WearTechClub) (collectively “Apps”), are operated and managed by and for Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi, residing at Reşitpaşa Mah. Katar Cad. İtü Arı Teknokent 3 Binası Blok No: 4 İç Kapı No: B205 Sarıyer / İstanbul (“Weartech”). By accepting the Terms of Use your request to become a member of the Apps will be completed and the relation between you and Weartech shall be subject to these Terms of Use.

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2. PURCHASING PROVISIONS

Please read the following Purchasing Provisions carefully before ordering Products from the Apps.

 

2.1 WHEN ARE THESE PURCHASING PROVISIONS APPLIED?

These Terms of Use apply for all offers and contracts related to the purchase and delivery of our products. In other words, (i) If you order anything from our Apps, (ii) Purchase anything from any Apps that is directly connected to our Apps or (iii) accept anything that comes from us, you are considered to have accepted our Purchasing Provisions. It is only possible to go outside of these Purchasing Provisions by written agreement with us.

 

2.2 PRODUCTS

We have various different products that may be presented on our Apps from time to time. (“Products”).

 

Please be aware that in situations of limited print or production there may be additional restrictions applied like limiting the number of Products per customer. Additional limitations will be notified to you via the Apps.

 

All of the Products shown on the Apps are limited to inventory. This means that despite our best efforts to show the existing inventory on our Apps, the inventory of a Product shown on our Apps may be depleted.

 

Due to achieving different images of Products, imaging technologies or other technical reasons it is possible to see small differences in colors and other varieties. Weartech is not responsible for these differences and deviations. No claims can be made based on any spelling errors, product definitions or other obvious errors on the Apps. The customer always has the right to forfeit at set forth in the laws.

 

2.3 THE CONDITIONS OF ESTABLISHING A CONTRACT WITH WEARTECH

You must be 16 years or older and there must not be any other legal reason preventing you from having the ability to undertake a contract.

You may order on the Apps only if you are a consumer, you may not order if you are a reseller.

You undertake that the information you have provided in your request or order is accurate and complete.

 

2.4 HOW IS A CONTRACT ESTABLISHED WITH YOU?

2.4.1 The General Establishment of a Contract

You may browse and shop on the Apps in accordance with the annual subscription registration you create through the Apps in accordance with these Terms of Use and our Distant Sales Contract. Your annual subscription is subject to Weartech policies and these Terms of Use and may be cancelled by Weartech unilaterally and without compensation at any time.

When you purchase an annual subscription, W-1 will be delivered to you at no additional charge in accordance with clause 2.11 Delivery below and our contract with you. You may purchase ancillary products that support the performance of this delivered Product and all other Products in the Applications from the page to which you will be directed by clicking on the relevant Product purchase / add to cart button.

 

The matters below apply to all product types. All of the information on the Apps is in the nature of invitatio ad offerendum. In other words the information is not in the nature of an offer or binding contract. You are considered to have accepted that your Order is an offer to buy the Products listed in the order.

 

All orders made by you are subject to our acceptance. We always have the right to confirm an order in advance and/or refuse and order without providing any reason or without being liable to third parties. If we do not confirm that your order has been accepted within ten business days at the latest, your order shall be considered refused.

Before establishing a sales contract we may choose not to accept your order at our own discretion. Examples of cases when we do not accept your order are as follows:

1. If the Product/Products are shown on the Apps but not in stock;

2. We cannot obtain your authorization for payment;

3. There are restrictions on sending certain products;

4. Incorrect pricing or other descriptions that are wrong (obviously) as shown for the Product/products on the Apps.

 

If we do not accept your order (or part of your order) we have the right to cancel your order (part of your order) without being liable towards you or third parties. After the cancellation process we will of course refund you for amounts paid to us (and received by us) for a cancelled order (part of an order).

 

After the sales contract has been established we have the right to cancel your order for the reasons that are specified in the scope of the agreement and therefore reserve the right to terminate the sales contract. After cancellation amounts paid to us in the scope of an order (or part of it) shall be refunded of course.

 

Weartech has the right to refuse any order that is known or reasonably suspected to have been given with the help of software, robot, browser, spider or other automatic methods or with the help or inclusion of devices and fully reserves this right.

 

2.4.2 The Special Aspects to Establishing a Contract

After an order has been placed an order confirmation notification e-mail will be sent to you with the order number and details of the Products you are offering to purchase.

 

2.5 RETENTION OF TITLE CLAUSE

Until all amounts we are owed in the scope of any contract including expenses, early or late deliveries or partial deliveries are paid in full the Products shall remain the property of Weartech. Until the ownership of any property passes completely on to you, you may not sell, dispose of or pledge this product.

 

2.6 CARE OF THE PRODUCTS

We would like to draw your attention to the washing and care instructions on the labels of our Products. We accept no responsibility to damage cause by use of our Products against the instructions or incorrect use.

 

2.7 ORDER CANCELLATION

The Distant Sales Contract and applicable laws shall apply.

 

2.8 PRICE

VAT is included in the specified prices. Prices are in Turkish Lira. Weartech reserves the right to change prices before you make an order.

 

We reserve the right to change, limit or cancel any special offer or discount at any time.

 

Any additional costs such as transport, carrying, delivery, mail, insurance and, if applicable, customs fees and other administrative taxes shall be notified and charged to you separately.

 

Expenses vary according to each Product and delivery type. For more information please refer to section 2.11. All additional expenses shall be charged separately, these expenses shall be itemized and added to the total order amount.

 

2.9 FORMS OF PAYMENT

Please refer to the Distant Sales Contract and check the Apps for available forms of payment information.

 

2.10 BILLING

If bills are issued and submitted as a result of our preference or as required by law our right to issue and submit electronic bills shall be reserved and you shall accept this type of billing.

 

2.11 DELIVERY

Delivery shall be made to the address that is specified by you within the borders of Turkey. We can only make deliveries of Products to a home or work address or, if you prefer, to a carrier location. We will send you an e-mail to confirm that the Products are ready to be picked up by you. If a delivery attempt is unsuccessful you accept that the carrier we have assigned to deliver the Products may deliver the products to the carrier’s pick up location and once this is done Weartech’s obligation to deliver has been fulfilled. The carrier shall notify you of the delivery to the pick up location.

 

Orders shall be dispatched on business days. No deliveries will be sent out on the official holidays in the regions where our warehouses are located. Therefore please be aware of the national and/or religious holidays in the country of your residence. Deliveries shall be made on business days that are not holidays.

The delivery times are estimations and therefore cannot be accepted as definite delivery dates. Only exceeding the delivery time shall not give you the right to compensation and with this document you have waived your rights to compensation.

 

Weartech has the right to make partial deliveries to ensure that you receive your Products as soon as possible within a reasonable framework. There is no additional fee for such partial deliveries. However, if you request partial deliveries we may charge you additional delivery fees. A sales contract shall be generated for each partial delivery. If the customer requests partial delivery and we make the partial delivery late or a piece of the order is defective this shall not give you the right to cancel any other part of the order.

 

Although it is very unlikely, if we cannot deliver your order (or part of it) after we have established the sales contract or become unable to make the delivery and we are not responsible for causing this, we shall have the right, to the extent allowed by the sales agreement to terminate the sales contract. In this case you will, of course, be notified by us as soon as possible and within the period of time that is specified in the Distant Sales Contract and any payments made by you will be refunded.

 

2.12 EXCHANGE POLICY

There are no exchanges on Products. If you want to exchange a product you must send your purchase back for a refund and submit a new order. You can only receive a refund if the return process is done according to the Distant Sales Contract.

 

2.13 DAMAGED OR DEFECTIVE PRODUCTS

The most important thing for Weartech is quality. All of Our Products are tested in real life conditions to make sure they are suitable to the purpose for which they are designed and stay sturdy. It is extremely rare for our products to be damaged or defective. Weartech is legally obligated to make sure that our Products are in accordance with the sales contract.

If the problem is caused by reasons other than the material quality or assembly process the original Product is returned to you. Products are not refunded in the following situations:

• If they are purchased from a supplier outside of the Apps;

• If they are damaged as a result of abuse or neglect (ex. being exposed to chemicals, corrosives, open flames, excessive heat, sharp objects, etc.); and/or

• If they are damaged as the result of abuse or use in activities other than the intended use

Please remember that the expected period of use for any Product depends on the person using the Product, the conditions of use and the characteristic dressing style of the user. Products with normal wear and aging or Products that are damaged due to being used longer than the reasonable period of use shall not be replaced with a new Product.

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3. USE OF THE APPS

Please read the Terms of Use (“Apps Use Terms of Use”) for using this Apps before using any Weartech content (referred to collectively as “Apps”) on social media websites including but not limited to Instagram, Facebook and Twitter. This Terms of Use apply to all Apps visits and use as well as all Content (defined below), information, suggestions, products and services presented to you via the Apps. By accessing the Apps and using it you accept the Apps Use Terms of Use entirely in addition to all the laws or regulations that apply to Apps and the Internet. If you do not accept this Apps Use Terms of Use please leave the Apps immediately.

 

3.1 APPS CONTENT

All of the content (“Content”) on or presented in the Apps including but not limited to logos, icons, commercial brands, texts, graphics, photographs, images, active images, sound, illustrations, equipment and software is the property of Weartech and affiliated companies, license owners or content providers. All elements of the Apps including but not limited to General design and Content, are protected by copyrights, emotional rights, database rights, brand and intellectual property rights and other laws related to these. Unless it is explicitly permitted in this contract or another contract with Weartech no part or element of the Apps or its Content can be copied or re transmitted. The Apps, Content and all related rights shall remain the exclusive property of Weartech, affiliated companies or license owners unless explicitly decided otherwise.

 

3.2 COPYRIGHTS AND BRANDS

The copyright for all content, as is suitable, is the property of Weartech, affiliates and license owners and shall remain their property. Unless specified otherwise in special documents on the Apps, you only have the authority to view, play, print and download the Content that is found over the Apps for personal, information and noncommercial purposes. You may not make any changes in the material, copy, distribute, transmit, show, execute, reproduce, broadcast, license, do derivative actions on or sell any content. You may not reuse any Content without the previous consent of Weartech. In accordance with the purpose of these provisions, the use of this content on any other Apps or network based computer is prohibited. Any copyright, brand or other notification of ownership in the Content on the Apps shall not be removed by you.

If you download software (including but not limited to screen savers, smart phone applications, icons, videos and wallpaper) from the Apps all files and images along with data accompanying the software that are included in the license and created by the software are (collectively referred to as “Software”) are given to you by Weartech. Weartech does not transfer ownership to you. You may own the setting to which the software is registered but Weartech holds ownership of all software and the intellectual property rights that belong to it. You may not redistribute, sell, decompile, reverse engineer, create a source code or convert the software into another readable format.

 

The Weartech Group products, packaging and/or brands, service brands, logos and commercial titles (“Brands”), whether they are copyrighted or not, shall remain under the exclusive ownership of Weartech, affiliations or license owners (as is applicable) and are protected by enforced trademark laws and agreements. You may not use, copy, reproduce, re broadcast, upload, share, transmit, distribute or share any one of the brands, including advertisement or promotion for distributing materials over the Apps, without the prior written consent of Weartech. Storing the Apps (or a portion) for the brands on any external website, creating a link, hyper text, connection or deep connection between the website and another internet website or using it in any other Apps or network computer setting without the explicit written consent of Weartech is strictly prohibited.

 

3.3 WAIVER OF COMMITMENT

The Apps and Content is presented ‘as is’ without any commitment. The information on the Apps is for general information and is not in the nature of recommendation.

 

Weartech does not declare or undertake that the information and/or other instruments on the Apps are correct, complete or current or that there are no viruses or other harmful components on the Apps or on the server that makes the Apps usable. Also Weartech shall not provide a special BT infrastructure or connectivity. Therefore Weartech does not declare or undertake that the Apps shall operate without interruption or error. Weartech does not make any declarations or commitments as to the accuracy, realness, sufficiency, benefits, timeliness, reliability or other aspect of using the content on the Apps.

 

3.4 LIMITATION OF LIABILITY

The risk for using this Apps belongs entirely to you. Weartech limits its liability to re supplying or paying the expenses for re-supplying services and regarding products limits its liability to the repair or replacement of such products or the paying for such repairs or replacements to be made.

 

Otherwise, to the degree allowed by law, Weartech or its employees, administrators or representatives, contractors and any other party that was included in the creation, production or delivery process of this Apps and its content, even if they have been informed of the possibility of any damages or losses in any way (by neglect or other), shall not be liable (and you shall release all people and companies named in this document from all liability) for any direct, indirect, special, connected or other type of damages and losses to any person or company, including those generated from using or not using any material or product presented to you by this Apps or Content or through this Apps, viruses or due to any errors or deficiencies of information on the Apps or related to the execution of products obtained through the Apps or generated by the Apps or the Terms of Use or in connection with these.

 

3.5 LINKS PROVIDED TO THIRD PARTIES

For your comfort and to improve your Apps use experience links may be provided to websites that are under the control of third parties from time to time. These links take you outside of the Weartech services and are beyond the control of Weartech. Links to partners that have been allowed to use the Brands as part of a branding contract are included in this. Websites that you can connect to, have their own separate terms of use and confidentiality policies. Weartech is not responsible and cannot be held responsible for the content and activities of these websites. Therefore you are completely responsible for the risk associated with visiting/accessing these websites.

 

Please do not forget that these other websites may send their own cookies to users, collect data or ask for personal data and therefore you must check the user terms and/or confidentiality policies of these Apps before using them.

 

3.6 ABUSING THE APPS

It is strictly forbidden for you to use the Apps to share or transmit Content Created by the User (as defined below) which infringes on the intellectual property rights of third parties or contains threatening, wrong, misguiding, harassing, degrading, privacy compromising, indecent, pornographic, abusive, discriminating content that is illegal or considered a crime, encourages infringement on the rights of others or can result in legal liability otherwise or break any law. Weartech, may, completely at its own discretion, bar you from accessing the Apps at any time including in situations when it is believed you are violating the Terms of Use and/or any one of the current laws in force.

 

Also it is prohibited for you to use the Apps for advertisement or any other commercial purposes.

(a) You may not use any type of software, robot, bug, spider, page scraper or any other automated tool or device to provide access to the Apps or any of its content, to copy, influence or track these or spoil the structure or presentation of the Apps or any of its content or (b) interfere with the Apps or any process that is being done over the Apps or influence or interfere with anyone’s use of the Apps or assist in making it easier for any third party to purchase a product over the Apps.

You may not attempt unauthorized access by hacking, decoding or other using other illegal and unauthorized means to enter the Apps or any portion of the system related to the Apps.

 

3.7 CONTENT CREATED BY THE USER

All of the ideas, information, comments, drawings, graphics, photographs, links, questions, suggestions, information, videos and other materials (“Content Created by User”) shared or transmitted via the Apps by you and other Apps users shall be considered content that is not confidential and not copyrighted. According to this Weartech has a nonexclusive, royalty-free (license issue) right to use, copy, distribute to third parties and disclose any Content Created by the User in any setting and throughout the world. You accept and declare that Weartech is only a passive intermediary in the distribution of Content Created by the User and we are not responsible or liable to any third party concerning the content or accuracy of the Content Created by the User. Weartech shall not undertake the constant monitoring of Content Created by the User that has been broadcasted by you or try to mediate between users and shall not have any such obligation. The information, idea, comment, suggestion or other information expressed in the Content Created by the User, not to limit the generality of those mentioned above, may not always represent Weartech’s position. The risk for using Content Created by the User shall belong solely to you. You declare and undertake that any Content Created by the User that you share or transmit is exclusive to you, that you have not copied any third party’s work or infringed on the intellectual property rights of any third party or infringed on confidentiality and individual rights and that the content does not contain degrading or insulting phrases. Also you declare and undertake that you have the authority to supply the license that is set forth in this paragraph. You hereby accept to compensate Weartech for all expenses, expenditures, damages, losses and debts that Weartech and affiliates are exposed to as a result of any Content Created by the User that is shared or transmitted by you or by your use of the Apps.

 

Weartech reserves the right, completely at its own discretion, to block or remove any Content Created by the User shared or transmitted by you, that Weartech feels is not in accordance with the Terms of Use for using this Apps (including materials that infringe on or could infringe on third party intellectual property rights, confidentiality or individual rights) or is unacceptable to Weartech in some other way.

 

You hereby accept to notify Weartech immediately in writing concerning any Content Created by the User (or other content) that violates these Terms of Use for using the Apps (please refer to the How to Contact s section provided below for contact information). You hereby accept to provide Weartech with sufficient information to enable an investigation into whether or not Content Created by the User (or other content) similar to this violates these Terms of Use for using the Apps. Weartech accepts to show all necessary effort to investigate such a complaint in good faith and shall take action completely at its own discretion in such a situation. However Weartech does not declare or undertake to block or remove such Content Created by the User or other Content (completely or partially).

 

3.8 NO MEDICAL ADVICE AND NO HEALTH RISKS

You hereby acknowledge and agree that these Terms of Use and the Apps do not contain any medical advice. The Apps are not intended to supplement, let alone replace, information provided by doctors or pharmacies, whether provided by us, our partners, third parties or our users. ALWAYS consult your doctor about your athletic behavior. The Apps and the services provided in connection therewith should never be construed to conflict with medical advice, prevent you from consulting a physician, or be used to make or confirm any diagnosis. We and our Apps are in no way a substitute for your doctor and we are not responsible for your behavior in connection with the use of the Apps. By accepting these Terms of Use, you confirm that you are aware that sports activities are always associated with risks that may also affect your health and that you are solely responsible for your health and behavior related to the use of the Apps.

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4. MISCELLANEOUS PROVISIONS

4.1 HOW CAN YOU CONTACT US?

If you have any questions or comments concerning the Apps or the Terms of Use; or in the event of you to have a complaint, please do not hesitate to contact us via hello@weartechclub.com.

 

4.2 PRIORITY PROVISIONS

If there is a conflict between the Terms of Use and other sections or links that are on the Apps, priority shall be given to the Weartech Terms of Use that are on this document in addition to the Distant Sales Contract.

 

4.3 CHANGES IN THE WEARTECH TERMS OF USE

We reserve the right to make changes in these Terms of Use completely at our own discretion, at any time and without consulting you, and according to this you are considered to have confirmed the existing Terms of Use that apply to you.

This Apps and the use of any purchase contract made between us and you shall be subject to the version of Terms of Use that are in force at the moment that you have submitted an order through this Apps or the date that you viewed this Apps (whichever is applicable).

Please check the Terms of Use periodically for any changes.

 

4.4 PROTECTION OF DATA

Weartech fully respects the privacy of all people who access and use the Apps. Please refer to our and our Privacy Policy which is a part of this for details on our method of using cookies, which information we collect for what purpose and how, how and under what conditions we use and disclose your information.

By giving a purchase order you accept and understand that we may, per our collect, use, store and process your information as per our Privacy Policy.

 

4.5 SEVERABILITY

The provisions of every Weartech Terms of Use shall be interpreted separately and independently. If any provision is considered invalid, void or inapplicable in any other way this provision shall be considered separated from the Weartech Terms of Use and shall not affect the validity of any other of the provisions.

 

4.6 SUBCONTRACTING AND TRANSFERS

Weartech reserves the right to transfer or assign to subcontractors or renew all or part of its rights and obligations in the scope of these Terms of Use, as long as your rights under these Terms of Use are not affected and this is allowed by law. You may not give, transfer or hand over in any other way your rights and obligations in the scope of Weartech Terms of Use without our written consent.

 

4.7 EVENTS THAT EXCEED REASONABLE CONTROL

If Weartech delays or is unable to fulfill its obligations in the scope of these Terms of Use or is unable to comply with these Terms of Use due to events that are beyond its reasonable control Weartech shall not be held liable.

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4.8 THE LAW IN FORCE AND JURISDICTION

The Weartech Terms of Use are subject to Republic of Turkiye Laws. The Istanbul, Turkey (Çağlayan) Courts shall be authorized in the resolutions of any disputes arising from these Terms of Use.