Terms of service
Overview
Welcome to Mask Kalkan. “We”, “us” and “our” refer to Fatih Aksoy, trading as Mask Kalkan. Mask Kalkan operates this store and website, including its information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify.
These Terms of Service and the policies referenced here explain your rights and responsibilities when using the Services. Please read them carefully, including the warranty disclaimers and limitations of liability. By visiting, interacting with or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
Section 1 — Access and account
You represent that you are at least the age of majority in your place of residence and have consented to any minor dependants using the Services on devices that you own, purchase or manage.
To use the Services or purchase products, you may be asked to provide information such as your email, billing, payment and shipping details. You represent that all information you provide is accurate, current and complete and that you have the necessary rights to provide it.
You are responsible for keeping your account credentials secure and for all activity under your account. You may not transfer, sell, assign or license your account to another person.
Section 2 — Our products
We make every effort to represent our products accurately. Colours and product appearance may differ depending on your device, settings and configuration. We do not guarantee that the appearance or quality of a product will meet your expectations or match its appearance on your screen.
Product descriptions may change without notice at our discretion. We may discontinue products at any time and limit quantities offered to a person, geographic region or jurisdiction on a case-by-case basis.
Section 3 — Orders
When you place an order, you make an offer to purchase. We may accept or decline an order for any reason at our discretion. An order is not accepted until we confirm acceptance and have received and processed your payment.
Review your order before submitting it. Once accepted, we may be unable to accommodate cancellation requests. If an order is declined, changed or cancelled, we will attempt to contact you using the email, billing address or phone number provided with your order.
Purchases are subject to our Refund Policy. You represent that products are purchased for your personal or household use, rather than for commercial resale or export.
Section 4 — Prices and billing
Prices, discounts and promotions may change without notice. The applicable price is the price at the time of your order and will be shown in your order confirmation. Unless expressly stated otherwise, displayed prices exclude taxes, shipping, handling, customs and import charges.
Our online prices may differ from prices in physical stores or other online or third-party stores. Separate terms may apply to promotions; if they conflict with these Terms, the promotion terms govern that promotion.
You agree to provide current, complete and accurate purchase, payment and account information and to promptly update it, including your email and card details, so we can complete transactions and contact you.
You represent that your card information is accurate and complete, that you are authorized to use the card, that your card provider will honour the charges and that you will pay all charges at the displayed prices, including shipping, handling and applicable taxes.
Section 5 — Shipping and delivery
Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Under these Terms, title and risk of loss pass to you when products are handed to the carrier, except where applicable law requires otherwise.
Section 6 — Intellectual property
The Services, including trademarks, brands, text, images, graphics, reviews, video, audio and their design, selection and arrangement, belong to Mask Kalkan, its affiliates or licensors and are protected by applicable patent, copyright and other intellectual property laws.
These Terms permit personal, non-commercial use only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services. Except as expressly stated, these Terms do not grant any licence or rights in the intellectual property of Mask Kalkan, Shopify or any third party. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.
The Mask Kalkan name, logo, product and service names, designs and slogans are trademarks of Mask Kalkan or its affiliates or licensors and must not be used without written permission. Shopify’s name, logo, product and service names, designs and slogans are Shopify trademarks. Other names, logos and marks belong to their respective owners.
Section 7 — Optional tools
You may have access to third-party tools that we do not monitor, control or direct. Such tools are provided “as is” and “as available”, without warranties, representations, conditions or endorsement. We have no liability arising from or relating to their use.
You use optional tools at your own risk and discretion and must familiarize yourself with and approve their provider’s terms. New features, tools or resources offered through the Services are also subject to these Terms.
Section 8 — Third-party links
The Services may include materials and links to websites provided or operated by third parties. We are not responsible for examining their content or accuracy. If you access them, you do so at your own risk.
We are not liable for harm or loss related to accessing third-party websites or purchasing or using their products, services, resources or content. Review their policies and practices before entering a transaction. Direct complaints, claims or questions about third-party products and services to the relevant third party.
Section 9 — Relationship with Shopify
Mask Kalkan is powered by Shopify, which enables us to provide the Services. However, sales and purchases in our store are made directly with Mask Kalkan. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Mask Kalkan, including injuries, damages or losses arising from purchased products or services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Mask Kalkan.
Section 10 — Privacy policy
Personal information collected through the Services is subject to our Privacy Policy. Certain information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Shopify hosts the Services and collects and processes information about your access and use to provide and improve them. Information submitted to the Services may be transmitted to and shared with Shopify and third parties in countries other than your country of residence. Review our Privacy Policy for details about how we, Shopify and our partners use personal information.
Section 11 — Feedback
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial purposes. We may exercise these rights to operate, provide, evaluate, develop, improve and promote the Services and fulfil our obligations or exercise our rights under these Terms.
You represent that you own or have the necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with it and that it complies with these Terms. We have no obligation to keep Feedback confidential, pay compensation or respond.
We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable or infringing intellectual property rights or these Terms.
Your Feedback must not infringe third-party copyright, trademark, privacy, personality or other rights; contain unlawful, abusive or obscene material; or include viruses or malicious software affecting the Services or related websites. You must not use a false email, impersonate someone else or mislead us or third parties about its origin. You are responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or third parties.
Section 12 — Errors, inaccuracies and omissions
The Services may occasionally contain errors, inaccuracies or omissions relating to descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We may correct them, change or update information or cancel orders where information is inaccurate, at any time without prior notice, including after an order has been submitted.
Section 13 — Prohibited uses
You may access and use the Services only for lawful purposes. You must not use them, directly or indirectly, for unlawful or malicious purposes; violate laws or regulations; infringe our or others’ intellectual property; harass, abuse, insult, harm, defame, intimidate or otherwise mistreat any person; submit false or misleading information; send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; send unsolicited advertising, junk mail, chain letters or spam; impersonate a person or entity; or engage in conduct that restricts others’ use or exposes Mask Kalkan, Shopify or users to harm or liability.
You must not upload viruses or malicious code; reproduce, duplicate, copy, sell, resell or exploit any part of the Services; collect or track others’ personal information; spam, phish, pharm, pretext or deceive; use robots, spiders, scraping, data gathering or extraction tools, automated devices or processes, artificial intelligence tools or other automated or manual means to access the Services except as permitted by these Terms; or interfere with or circumvent security, authorization features, robot exclusion headers or other access restrictions. We may suspend, disable or terminate your account without notice if you violate these Terms.
Section 14 — Agents
14.1 These Agent Terms apply when you use, permit, enable or cause an Agent to access, use or interact with the Services. An “Agent” is software or a service that performs autonomous or semi-autonomous actions on behalf of or at the direction of a person or entity and may operate using or on behalf of a person’s device without direct supervision.
14.2 An Agent may not access, use or interact with the Services unless it identifies itself at all times and strictly complies with Section 14.4. An Agent must stop accessing, using or interacting with the Services if we request it.
14.3 We may limit how and in what manner an Agent accesses, uses or interacts with the Services, including through technical measures.
14.4 Agents must identify requests as coming from an Agent and clearly declare their name using “Agent/[agent name]” in the user-agent string of all HTTP/HTTPS requests. They must not conceal or obscure Agent access, use or interaction, including by imitating human behaviour or completing or bypassing CAPTCHAs or measures intended to distinguish humans from computers. They must truthfully answer questions or requests intended to determine whether interactions come from a person or computer. They must not bypass measures intended to prevent, limit, alter or control Agent access, use or interaction.
Section 15 — Termination
We may terminate this agreement or your access to all or part of the Services at any time, at our discretion and without notice. You remain liable for amounts due up to the termination date.
The sections relating to intellectual property, Feedback, termination, warranty disclaimers, limitation of liability, indemnification, severability, waiver and entire agreement, assignment, governing law and privacy, and other provisions which by their nature should survive, remain effective after termination.
Section 16 — Disclaimer of warranties
Information available through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness. Reliance on it is at your own risk. We disclaim liability arising from reliance on these materials by you, other visitors or anyone informed of their content.
Except as expressly stated by Mask Kalkan, the Services and products provided through them are offered “as is” and “as available”, without express or implied representations, warranties or conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee uninterrupted, timely, secure or error-free use. Some jurisdictions do not allow exclusions of implied or other warranties, so these disclaimers may not apply to you.
Section 17 — Limitation of liability
To the fullest extent permitted by law, Mask Kalkan, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for injury, loss, claims or direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings or data, replacement costs or similar damages, whether based on contract, tort including negligence, strict liability or otherwise, arising from use of the Services or products obtained through them or any related claim.
This includes errors or omissions in content and loss or damage resulting from use of the Services or content or products published, transmitted or otherwise made available through them, even if advised of the possibility of such damages.
Section 18 — Indemnification
You agree to indemnify, defend and hold harmless Mask Kalkan, Shopify and their affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers against losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising from your breach of these Terms or referenced documents, violation of law or third-party rights, or access to and use of the Services.
We will notify you of an indemnifiable claim; delayed notice does not relieve your obligations unless you are materially prejudiced. We may control its defence and settlement, including selection of counsel, at your expense, but will not agree to a settlement requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You agree to cooperate in the defence, including by providing relevant documents.
Section 19 — Severability
If a competent court determines that a provision is unlawful, void or unenforceable, it remains enforceable to the fullest extent allowed by law, and the unenforceable part is severed. The validity and enforceability of the remaining provisions are unaffected.
Section 20 — Waiver; entire agreement
Failure to exercise or enforce a right or provision does not waive it. These Terms and policies or operating rules published by us concerning the Services form the entire agreement between you and us and supersede prior or contemporaneous oral or written agreements, communications and proposals, including earlier versions of these Terms. Ambiguities in interpretation shall not be construed against the drafting party.
Section 21 — Assignment
You may not assign, transfer or delegate this agreement or rights or obligations under it without our prior written consent. Attempts to do so are void. We may assign or transfer these Terms and our rights and obligations without notice or your consent.
Section 22 — Governing law
These Terms and separate agreements under which we provide the Services are governed by and interpreted under the laws of the jurisdiction where Mask Kalkan is headquartered. You and Mask Kalkan consent to the jurisdiction and venue of its competent courts, subject to mandatory applicable law.
Section 23 — Headings
Headings are included for convenience only and do not limit or otherwise affect these Terms.
Section 24 — Changes to these Terms
You may review the latest Terms on this page at any time. We may update, change or replace any part by posting updates on our website. You are responsible for checking for changes. We will notify you of material changes as required by law, and they take effect on the date specified in the notice. Continued access or use after changes are posted constitutes acceptance.
Section 25 — Contact information
For questions about these Terms, contact maskkalkan@gmail.com.
Fatih Aksoy, trading as Mask Kalkan
Hacıhalil Mah., 1207 Sk., No. 1 A/21, Gebze, Kocaeli, Türkiye
Email: maskkalkan@gmail.com
Phone: +90 539 932 0300