MERCH TERMS​

These Merch Terms supplement PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ’s Digital Collectible Terms each of which are incorporated into the other by reference. Capitalized terms used and not defined in these Merch Terms will have the meaning set forth in the Digital Collectible Terms. By agreeing to the Digital Collectible Terms, by separately indicating your assent to these Merch Terms or by seeking to acquire or acquiring any physical item made available under these Merch Terms, you agree to be bound by these Merch Terms.

Scope and Application

These Merch Terms apply to any physical item (“ Product ”) made available by or on behalf of PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ to a person who controls an NFT associated with a Digital Collectible (each such person, a “ Holder ”), and govern the availability of any Product, your eligibility to claim any Product, the conditions you must satisfy and fees you must pay to claim any Product and the terms and conditions on which the Product is sold and delivered to you. All references to a “Holder” in these Merch Terms are references to you to the extent that you satisfy the definition of a Holder set forth above at the relevant time.
 

Merch Events

PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or its designee may, at their discretion and from time to time, make one or more Products available to Holders during “ Merch Events ” for an applicable Digital Collectible. Each such Merch Event will occur for a specified period of time during which any Holder who wishes to claim a Product would need to pay all fees and satisfy all other eligibility conditions established by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or its designee as set forth in these Merch Terms and any public statements or other information disseminated by or on behalf of PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ about the Merch Event (the “ Conditions ”). A Holder has sole and exclusive responsibility for staying apprised of any Merch Event and satisfying all Conditions. Once a Merch Event is completed, the ability to claim any Product made available during that Merch Event expires and there is no further right or ability to claim the applicable Product.

Eligibility

In order for a Holder of a Digital Collectible to be eligible to claim a Product, in addition to any other conditions and requirements set forth in these Merch Terms, all of the following conditions must be satisfied:
1.The Holder must be of legal age to form a binding agreement in Turkey or other jurisdiction where the Holder resides.
2.The Holder must not be permanently or currently suspended or removed from using any products or services provided by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ.
3.The Holder must, at all times during the Merch Event, control the NFT associated with the relevant Digital Collectible.
4.The Holder must register for any accounts (including agreeing to any agreement or terms associated with such account) and provide any information requested by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or its designee.
5.The Holder must agree to these Merch Terms.
6.The Holder must pay any fees or other costs in the amounts and in the timeframes required by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or its designee.
7.The Holder must complete any other steps and satisfy any other conditions within the time frames required by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or its designee.
8.The address to which the Product is to be delivered must be an address for which there is no logistical or legal impediment for delivery of the Product.

If Merch Event Has Already Occurred

Once a Merch Event has occurred the Holder at the time either claimed, or forfeited any right to claim, the Product made available during that Merch Event. In either case, there is no right of any subsequent Holder to claim the Product made available during that Merch Event. If a Merch Event has already been held for a Claimable Digital Collectible this may mean that the “claimable” description is a historical characteristic rather than an indication that any Product will be made available to future Holders. You must do your own investigation and due diligence to verify whether a description of a Claimable Digital Collectible as “claimable” is a historical, legacy descriptor or whether it indicates that any future Merch Event could be made available to you while you are the Holder. PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will have no obligation to make available or deliver, and no responsibility or liability for failing to make available or deliver, any Product for any Claimable Digital Collectible for which the Merch Event has already occurred.

Specifications

If a Product is made available to the Holder of a Claimable Digital Collectible, and the Description in the NFT associated with the Claimable Digital Collectible includes any descriptions or other statements about the nature or characteristics of the Product to be made available, then those descriptions and statements will be the “Specifications” for that Product. Otherwise, there are no Specifications for a Product and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or its designee are free to make available and deliver any physical item they may wish to make available as the Product, at their sole discretion. Without limiting the foregoing and for avoidance of doubt, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ may make different Products available to Holders of substantially similar Digital Collectibles.

Terms of Sale

  • Data Check
When you submit your Order, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ may run checks before it is fulfilled. These checks may include verifying your your address and checking for fraud. Suspected fraud will be investigated and if necessary prosecuted.
  • Title Transfer and Risk of Loss
Title and risk of loss for Products provided in connection with a Merch Event will pass to you upon delivery to the carrier.
  • Payment
You must pay all fees, charges and other amounts by transferring the appropriate amount of the designated cryptocurrency to the designated wallet address. PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ does not accept any other method of payment.
  • Shipping and Delivery
PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ may use any shipping method at its discretion and does not commit to delivering any Product by any specific date; provided that PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will use commercially reasonable efforts to ship Product within a reasonable period of time after all Conditions have been satisfied and your Order has been accepted. PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ reserves the right to split the delivery of any Order. Upon delivery, please inspect the packaging for damage. If it appears that any Product is damaged, please do not accept the shipment.
  • Returns
Once you have accepted a shipment from the carrier, you are entitled to return only Product for which there are Specifications and then only if the Product delivered is not the Product described in the Specifications (i.e. the wrong Product was delivered). You may not return any Product for which there are no Specifications. And you may not return Product absent manifest and material defects based on the applicable Specifications or based on dissatisfaction with the materials, workmanship or quality of a Product. This does not affect any statutory rights you may have. In the event PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ confirms a Product return is justified, as your sole and exclusive remedy and subject to return of the incorrect Product, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will replace the incorrect Product with the correct Product at no additional charge to you, unless the Product is not available. In such an instance, you will be refunded the amounts paid by you for your Order.

Events Outside Our Control

An “Event Outside Our Control” means any act or event beyond PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ’s obligations under these Merch Terms, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will contact you as soon as reasonably possible to notify you, and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ’s obligations under these Merch Terms will be suspended and the time for performance of PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of a Product to you, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the Order if an Event Outside Our Control takes place and you no longer wish for PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ to deliver the Product. No refund of any amounts will be provided for any such cancellation.

Indemnification

You will indemnify and hold harmless, and at PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ’s request defend, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ and its Affiliates from and against any and all claims, demands, liabilities, damages, penalties, fines, taxes, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or in connection with (a) any breach of these Merch Terms, or (b) any claim by a third party that has acquired any Digital Collectible from you that is based on the unavailability, or inability of such third party to satisfy the Conditions for, any Product.

Disclaimer of Warranties

PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ, ITS CONTRACTORS, AND THEIR RESPECTIVE AFFILIATES MAKE PRODUCTS AVAILABLE “AS IS”, “WHERE IS” AND EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
 

Disclaimer of Damages

IN NO EVENT WILL PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ, ANY OF ITS CONTRACTORS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KIND OR FOR ANY SPECIAL, PUNITIVE OR SIMILAR DAMAGES.

Limitation of Liability

THE MAXIMUM AGGREGATE LIABILITY OF PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ ANY OF ITS CONTRACTORS AND THEIR RESPECTIVE AFFILIATES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE $100.