Terms of Use
Terms of Use Effective Date of Terms of Service: 10/02/2022 Please read these Terms of Service (collectively with Nordbron Privacy Policy [http://nordbron.com/privacy-policy], the “Terms of Service”) fully and carefully before using http:// nordbron.com (the “Site”) and the services, features, content or applications offered by Nordbron LLC (“we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. 1. Acceptance of Terms of Service. a. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 2. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, and would like to use the Services, you can only do so if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the supervising parent or legal guardian is responsible for any and all activity. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. 3. Registration. You may use the Services without registering for a user account (an “Account”). However, some features may require you to create an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account through a request made via email to info@nordbron.com. 4. Content. a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). b. Product Information and Pricing. We make every effort to display and describe our products as accurately as possible. Displayed colors of the products depend heavily upon the monitor, screen, and/or viewing device of the user, and we cannot guarantee these devices will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. The Site is not responsible for typographical errors regarding price or any other matter. c. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. d. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. e. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. f. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. g. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. 5. Rules of Conduct. a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services. b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see section “Digital Millennium Copyright Act”, below); ii. you know is false, misleading, untruthful or inaccurate; iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; vi. impersonates any person or entity, including any of our employees or representatives; or vii. includes anyone’s identification documents or sensitive financial information. c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. 6. Digital Millennium Copyright Act Nordbron LLC (the “Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (the “Designated Agent”) is listed at the end of this policy. Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, e-mail address; 5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Company’s policy to remove or disable access to the infringing material; and that the Company will terminate repeat offending member’s or user’s access to the service. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at legal@nordbron.com or at: Nordbron ATTN: Legal Affairs Merve Mah. Akabe Cad. No: 16 Sancaktepe/IST/Turkey (978) 707 9725 7. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 8. Gift Card Gift cards can be purchased on nordborn.com or in the Nordbron Studio. See below for Nordbron gift card Terms and Conditions. b. EXPIRATION. Nordbron gift cards don't expire or decrease in value if unused. c. VIEW YOUR BALANCE. You can check your gift card balance online in the account section or by contacting us. Any remaining balance on the gift card after purchase can be used for future purchases. Balances can't be redeemed or exchanged for cash, except where required by applicable law. You can transfer the balance of a gift card to your account so that you can discard the physical gift card. When you make a purchase with your account, your account balance will be applied to your order. d. RETURNS. Nordborn gift cards can't be returned or cancelled after purchase. Refunds for orders paid with a gift card are applied to the user's account. If you return product purchased with multiple methods of payment, the refund is first applied to the credit or debit card or PayPal account, up to the original amount charged to that method, and then to the gift card. e. LOST OR STOLEN GIFT CARDS. Gift cards can't be replaced if lost or stolen and should be treated as cash. f. FRAUD. Nordbron reserves the right to refuse, cancel or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies. 9. Payments and Billing. a. Payment. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor (the “Payment Processor”) in addition to this Agreement. By submitting your order, you agree to pay us, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Nordbron, for any reason whatsoever. b. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTP://NORDBRON.COM/ACCOUNT/ACCOUNT. c. Purchase Limits. In order to provide as many customers as possible with an opportunity to purchase our merchandise, we reserve the right to place limits on purchases. We may restrict orders placed by the same account, using the same credit card, using the same billing and/or shipping address, and/or any other criteria. We reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We do not authorized orders for commercial quantities of our merchandise. d. Risk of Loss. The risk of loss and title for the product(s) you purchase pass to you upon delivery of the product(s) to the delivery carrier. e. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNETION WITH ANY TANSACTION. 10. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 11. Warranty Disclaimer. a. We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content. b. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. c. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. 12. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 13. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00. 14. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. 15. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services constitutes acceptance of those changes. 16. Miscellaneous. a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. c. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. e. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@nordbron.com. f. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Contact. You may contact us at the following address: Nordbron LLC, 13 East 16th Street, 6th Floor, New York, NY, 10003 Passport International Shipping - Terms of Service 1. You are shopping on a merchant’s website (the “Merchant”). If you place an order with the Merchant for delivery to an address in the UK (a “Qualifying Customer Order”), where the total value of the Products comprising of that order does not exceed 135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising of that order are sent in separate consignments the value of which does not exceed 135 (one hundred and thirty five) British Pounds Sterling, the Products will be sold by Passport Global Limited (“Passport”), in the way we describe below.
 2. If you place a Qualifying Customer Order, the item(s) that you are purchasing will be sold first by the Merchant to Passport, and then by Passport to you. Passport becomes the “Supplier” of goods for UK VAT purposes in relation to your purchase. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport complete your Customer Order.
 3. Your Qualifying Customer Order is subject to: (1) these Terms of Service; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these.
 4. By placing a Customer Order on the Merchant’s website, you understand and agree that:
 4.1 You are dealing with and providing your information to Passport. Passport is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Passport may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
 4.2 If there is an error in the price listed for a product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Passport is entitled to contact you, correct the price, and/or cancel your order.
 4.3 The Merchant remains responsible for handling payment for your order.
 4.4 Once your payment is processed, ownership in the items will shift from Passport, to you, and, the items in your order will be provided to a carrier for shipment to you.
 4.5 Passport or the Merchant will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.
 4.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
 4.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
 5. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
 6. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
 7. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
 8. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void. 9. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of returned products. Passport may refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against Merchant.
 10. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
 10.1 Compliance with Applicable Laws. You certify that any products purchased through a Qualifying Customer Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, nor It is your responsibility to know the laws of the country into which you are importing any products that you order from the Merchant’s website. By placing an Qualifying Customer Order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
 10.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
 10.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
 10.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms of Service at any time. Passport will ensure that the current version of these Terms of Service is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms of Service each time you make a Customer Service. If you do not agree to any change in the Terms of Service, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms of Service.
 10.5 Severability. If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
 10.6 Proceedings. Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
 10.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
Privacy Policy
Privacy Policy Last Updated and Effective Date: 10/02/2022 This Privacy Policy describes the policies and procedures of Nordbron (“we”, “our” or “us”) on the collection, use and disclosure of your information on http://nordbron.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. What Does This Privacy Policy Cover? This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access. What Personal Information Do We Collect? The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We use data relating to your use of and interaction with the Site and the Services, including information that we receive through cookies and similar technologies, for certain legitimate business interests, which include the following: ● to provide, administer, and support the Site and the Services; ● to personalize and improve your access to and use of the Site and the Services (including to increase our Service’s functionality, product features, and user-friendliness); ● to verify users have the authorization needed for the Service to process their requests; ● to inform our marketing strategy and personalize our communications with you (including providing or offering sales promotions, information on our features and other marketing and service-related announcements relevant to the products, content and features you engage with); ● to conduct analytics and report on industry trends on content usage and performance; ● to meet our corporate and social responsibility objectives; ● if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfill your request, we will keep basic data to identify you and prevent further unwanted processing; and ● for internal business/technical operations, including troubleshooting, data analysis, testing, to prevent fraud or criminal activity, misuses of our products or services and ensure the security of our IT systems, architecture, and networks. For EU data subjects, this use of your Personal Information is necessary for our legitimate interests in understanding how the Site and our Services are being used by you and to improve your experience on it. For cookies placed through our Site, where required by the applicable law we rely on your consent – please read the below sections regarding our use of cookies for more information on how we use cookies and other tracking technologies. We collect the following types of Personal Information from our users: (a) Account Information: When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an Account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but only rarely when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes. (b) User Content: Some features of the Services allow you to provide content to the Services, such as written comments. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy. (c) Financial Information: We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy. (d) IP Address Information and Other Information Collected Automatically: We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them. (e) Email Communications: We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service. (f) Information Collected Using Cookies: Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet. Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer. (g) Information Related to Advertising and the Use of Web Beacons: To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Advertisements served through the Services may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services. To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site. (h) Aggregate Information: We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser. How, and With Whom, Is My Information Shared? The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly, with third parties, or with our affiliated brands. (a) Public Information about Your Activity on the Services: Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services. Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us. Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. (b) IP Address Information: While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, affiliated entities, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy. (c) Information You Elect to Share: You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services. (d) Aggregate Information: We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired. (e) Email Communications with Us: As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery. (f) User Profile Information: User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users. (g) Financial Information: As stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business. (h) Information Disclosed for Our Protection and the Protection of Others: We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. (i) Information We Share With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information. Is Information About Me Secure? Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We otherwise store all of your information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise. What Information of Mine Can I Access? If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings. (a) Privacy Rights Turkey Repuclic Privacy Rights: Under Turkey Repuclic Civil Code sections residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. (b) EU Data Subjects ● Scope This section applies solely to EU data subjects (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). Our Privacy Policy describes why and how we collect, use and store your Personal Information, the lawful basis on which your Personal Information is processed, and what your rights and our obligations are in relation to such processing (please see “Your Rights” section below). ● Data Controller We are the data controller for processing of your Personal Information, but we act as a data processor for Personal Information that we process on behalf of our users.● Your Rights Subject to applicable EU law, you have the following rights in relation to your Personal Information: ● Right of access: If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information along with certain other details. If you require additional copies, we may need to charge a reasonable fee. ● Right to rectification: If your Personal Information is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Information with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly. ● Right to erasure: You may ask us to delete or remove your Personal Information, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information with so you can contact them directly. We may continue processing Personal Information where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy. ● Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly. ● Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal Information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Information in a structured, commonly used and machine-readable format. You may reuse it elsewhere. ● Right to object: You may ask us at any time to stop processing your Personal Information, and we will do so: ● Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent. ● Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns. You may exercise your rights by contacting us at info@nordbron.com How Can I Delete My Account? Should you ever decide to delete your Account, you may do so by emailing info@nordbron.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public. What Choices Do I Have Regarding My Information? You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features. You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible. What Happens When There Are Changes to this Privacy Policy? We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted. What If I Have Questions or Concerns? If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to info@nordbron.com. We will make every effort to resolve your concerns.
Distance Sale Agreement
ARTICLE 1: PARTIES 1.1. SELLER Corporate Name: AKAL TİCARET VE TEKSTİL SAN LTD ŞTİ. Address: Mercan Mah. Çakmakçılar Yokuşu Sk. No: 41 İç Kapı No: 1 Fatih/ İstanbul Phone Number: 444 10 47 Fax Number: +90 216 422 35 49 E-mail Address: info@nordbron.com Address for Product Return: Yenidoğan, Merve Mahallesi Akabe Cad. No:16 Sancaktepe - İstanbul Customer Service Contact Number: 444 10 47 Mersis No: 0011006295100016 1.2. BUYER Full Name / Title: Delivery Address: Phone Number: E-mail Address: ARTICLE 2: SUBJECT The subject of this agreement is the rights and responsibilities of the parties in accordance with the provisions of Law On the Protection of the Consumer no. 6052 and “Regulation for the Distant Sale Agreements” that has been entered into force with its publication on the Official Gazette no. 29188 on 27.11.2014, with regard to the sale and delivery of the product(s) qualification and prices of which are given below by the SELLER to the ORDERER/BUYER through the website www.nordbron.com (https://www.nordbron.com). ARTICLE 3: INFORMATION IN RESPECT OF THE PRODUCT(S) COVERED UNDER THIS AGREEMENT The type, amount, brand/model, color, number, price, and payment type of the Good/Product/Products/Service are as follows. Design Description Quantity Unit price KDV Total amount KDV 0 TL Shipping 0 TL Total 0 TL Payment Method: Delivery Type: To address Authorized Courier Company: Yurtiçi Kargo In case you give the order within the working hours, the product will be delivered to the courier company on behalf of the buyer within the same day in case you give the order outside the working hours, the product will be delivered to the courier company on behalf of the buyer the next day. Following the display of your courier delivery code on the system, your order will be delivered by the authorized courier within 3 days at the latest. The courier fee which is the product delivery cost is included in the total price of the product. ARTICLE 4: GENERAL CONDITIONS 4.1. The BUYER is obliged to pay the above-mentioned total product price in return for the product/products covered under this agreement. 4.2. The information in respect of the BUYER and INVOICE DETAILS may belong to the same or different persons. In case they belong to different persons, the BUYER is responsible for all information provided under this agreement. 4.3. The BUYER accepts that all information he/she has given under this agreement are correct. In case it is not possible to reach the BUYER through the provided information, the SELLER will not be held responsible yet the BUYER will be responsible. 4.4. This service is provided only for retail sales and end-use. Even if a pre-information form and/or a sales agreement is formed for wholesale and re-sale, the SELLER has the right to cancel the order and not make the delivery of the product. 4.5. The product/products covered under this agreement will be delivered to the person/institution at the address designated by the BUYER until the delivery date/performance date of the agreement identified herein for each product depending on the distance of the BUYER’s location, provided that the delivery time will not exceed the legal time period of 30 days. 4.6. In order for this Distant Sales Agreement to be executed, this agreement needs to be approved electronically by the BUYER. 4.7. For the delivery of the product/products covered under this agreement, this agreement is required to be signed in an electronic environment by the BUYER and sent to the SELLER and the price of the product shall be transferred to the SELLER’s account in accordance with the payment type that the BUYER prefers. In case the price of the product cannot be transferred to the SELLER’s account or in case transfer order is cancelled under the relevant bank’s records, the SELLER will no longer be held responsible for the delivery of the product. 4.8. The BUYER accepts and declares that he/she has read and been informed of general qualification, sales price, payment type and delivery information in respect of the product/products covered under this agreement and that he/she has given the required confirmation in electronic environment. 4.9. The BUYER accepts and declares that all rights arising from the Law on Intellectual Property Rights in respect of each special design technique, texture, pattern, design element (icons, buttons, etc.), styles, gradient, and solid shade along with the elements used in any kind of graphic designs, illustration works, drawings, designs and other works used for the designs produced by the SELLER belong to the SELLER. 4.10. The BUYER accepts and declares that printing any kind of designs, illustrations, or similar drawings that are not associated with the SELLER and that the SELLER does not have any rights in respect thereof arising from the Law on Intellectual Property Rights on the printless products which the SELLER produces and sells as “BASIC” through its web site for commercial resale purposes and selling those shall be deemed as a breach of SELLER’s intellectual property rights arising from Law on Intellectual Property Rights and relevant statutory decrees 4.11. The BUYER accepts and declares that BUYER will be legally held responsible for the damage incurred by third parties due to the sale by the BUYER of the products which have the SELLER’s trademarks on it in a manner that breaches SELLER’s intellectual property rights arising from the Law on Intellectual Property Rights or the relevant decrees. 4.12. In case the product/products covered under this agreement will be delivered to a person/institution expect that the BUYER himself/herself, the SELLER will not be held responsible for such person/institution’s rejection of the delivery. In such a case, solely the BUYER will be held responsible. 4.13. The SELLER is responsible for delivering the product(s) covered under this agreement undamaged, complete, having the qualifications defined in the order and if available, together with warranty certificate and user manuals. 4.14. As long as there is a reasonable explanation, SELLER may supply another product with equal quality and price if SELLER notifies and obtains BUYER’s approval expressly before the expiration of its contractual obligation 4.15. In case the SELLER fails to fulfill its contractual obligations due to the product or service subject to the order becoming impossible to fulfill, the SELLER will inform the BUYER in writing or with permanent data storage within three days of the date of becoming aware and the SELLER will refund all charged amount including the delivery costs within at least 14 days as from the notification. 4.16. In case a related bank or financial institution fails to pay the product price to the SELLER after the delivery of the product due to the use of BUYER’s credit card unlawfully or by unauthorized persons without BUYER’s fault, BUYER must send the product to SELLER within 3 (three) days if the BUYER has already received the delivery. In this case, the delivery costs shall be borne by the BUYER. 4.17. In case SELLER fails to deliver the product subject to the agreement in due time due to force majeure or extraordinary conditions such as adverse weather condition, interruption of transportation which prevent the transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may exercise one of his rights from among cancelling the order, replacing the product covered under this agreement with a similar one, if any, and/or postponing the delivery time until the cessation of the impeding condition. If the BUYER cancels the order, the amount charged shall be paid to BUYER fully in cash and within 10 days. 4.18. Persons who is under the age of 18, cannot make purchases from the the website, even if products are offered to sale for children. 4.19. The product prices are provided on the website in Turkish Lira currency including VAT. BUYER can purchase products from the website via credit card, wire transfer or EFT. The orders placed by credit card will not be directly taken into process but will be later processed at the moment when such amount required to be paid by the BUYER under this agreement is blocked from the credit card or when it is ascertained by SELLER’s representatives that the wire transfer/EFT order amount is received by the SELLER. In case of payment orders made through wire transfer or EFT, the orders will be cancelled in case the BUYER’s payment is not transferred to the SELLER’s account within two days. 4.20. A record must be kept with the courier company official relating to products that are found damaged during delivery. In case of any defect in the products sold with a warranty certificate, the products may be sent to authorized services. 4.21. The SELLER is not responsible for the deductions that the banks make during the payment process such as charges for wire transfers or any other deductions made under other titles. Accordingly, the BUYER accepts that he/she will confirm any information such as interest rates, transfer costs, default interest with his/her own Bank and that the mentioned issues will be determined according to the terms of the agreement made between him/her and his/her Bank. 4.22. When a refund to the credit card is requested, it is not possible to make refund to the BUYER in cash. SELLER’s only responsibility in such a case is the payment of the amount made by the card to the bank. Credit card refunds is being made within the limits of agreements made between the SELLER and banks and current refund policies of the banks. Within this scope, for the refunds of purchases with installments, BUYER accepts the fact that he/she will receive the refund from the bank in the same amount of installments and he approves this process. Even if the SELLER orders the bank to make the refund at once, the refund can only be made with installments by the bank. BUYER accepts that s/he has reahed and accepted the terms of this article. 4.23. This Agreement shall be valid after being approved electronically by the BUYER and upon its receipt by the SELLER. 4.24. In the framework of this agreement, the SELLER can cooperate with third parties in the design and sale of the products. Within the framework of this cooperation, following the sale of the products, an e-certificate can be sent to the BUYER by the cooperated companies; and BUYER accepts this condition. 4.25- The SELLER is not responsible for price errors caused by system errors. Accordingly, the seller is not responsible for the promotion and price errors that may arise due to the system, design or illegal interventions on the website. Based on system errors, the BUYER cannot claim from the SELLER. ARTICLE 5: RIGHT OF WITHDRAWAL For the distant sales agreement in respect of a sale of a good, the consumer has the right to reject the goods and withdraw from the agreement without any legal or penal liability and without any justification within 14 (fourteen) days from the date of delivery of the product to herself/himself or to the person/entity designated by the BUYER. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. In order to exercise the right of withdrawal, a notification must be sent to the SELLER’s address mentioned above within 14 days via registered mail, fax, telephone or email. In case right of withdrawal is exercised, it is obligatory to return to SELLER a copy of the courier delivery report and original invoice in respect of the products delivered to the BUYER. Within 14 days from the date of receipt of the notification in respect of BUYER’s exercise of his/her right to withdraw, all amount received from the BUYER shall be returned to the BUYER with no additional cost. In case right of withdrawal is exercised within 14 days, the product/products will be returned to the SELLER by the BUYER via cargo and in this case the courier costs shall be borne by the SELLER. The BUYER shall return the goods to the SELLER complete and undamaged through Yurtiçi Kargo company within 10 (ten) days from the exercise of the right of withdrawal unless the SELLER makes an offer that he/she will take the products back. In case the Yurtiçi Kargo company specified in the pre-information for the return does not have a branch at the location of the BUYER, the SELLER shall ensure that the goods to be returned are received from the BUYER without demanding any additional costs. The BUYER accepts, declares, and undertakes that he is aware of the fact that he/she cannot use the right of withdrawal in the following cases which are specified in Article 15 of the Regulation on Distant Sales Agreements: a) Agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier, b) Agreements related to the products which is prepared in accordance with the consumers’ needs or personal requests, c) Agreements related to the delivery of goods that may deteriorate quickly or expire, ç) Agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened and their return is not suitable for health and hygiene, d) Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature, e) Agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after delivery of the goods, f) Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement g) Agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period, ğ) Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly, h) Agreements for services which are executed with the approval of the consumer before the expiration of the right of the withdrawal period. ARTICLE 6: MISCELLANEOUS PROVISIONS 6.1. The BUYER accepts that he/she has read and learned the pre-information on basic qualification, sales price and payment type of the product covered under this agreement and the distant sales agreement on www.nordbron.com website and that he/she has confirmed such in electronic environment. By confirming the Pre-Information Form and Distant Sales Agreement on an electronic environment, BUYER confirms that he has been informed completely and correctly on the address information that is required to be given to the BUYER by the SELLER, basic qualification, VAT included sales price and payment and delivery details of the ordered products. 6.2. For the delivery of the product, this Distant Sales Agreement must be confirmed in electronic environment. In case the product price is not paid for any reason or the bank records in respect of the payment are cancelled, the SELLER shall be deemed released from its obligation to deliver the products. 6.3 Complaints on the products/services subject to this agreement can be made through the SELLER's contact details specified in the preamble of the agreement. ARTICLE 7: DEFAULT OF DEBTOR In case of BUYER’s default, BUYER agrees to pay the loss and damage incurred by the SELLER due to delayed performance of the debt. In the event that BUYER's default is caused by SELLER's fault, BUYER shall not be obliged to meet any claim for loss or damage. ARTICLE 8: AUTHORIZED COURT Within the monetary limits defined by the Ministry of Trade each year in December, the consumer can apply for complaints and objections at the arbitration committee or to the consumer court where the consumer purchased product or services or where his/her official residence is located. In case this agreement is approved, the BUYER shall be deemed to have accepted all the terms of this agreement. ARTICLE 9: FINAL PROVISIONS 9.1. THE BUYER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER. 9.2. THE PARTIES AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE ACTS COVERED UNDER THIS AGREEMENT AND WITH THE SUITABILITY OF MUTUAL OBLIGATIONS AND THEY HAVE NO INEXPERIENCE FOR THE PROCEDURES AND TRANSITIONS COVERED HEREBY. 9.3. THE BUYER AGREES THAT HE/SHE IS AWARE THAT ALL TRANSACTIONS IN THIS AGREEMENT ARE FOR THE BENEFIT OF HIMSELF AND HE/SHE WILL ABIDE BY ALL TERMS IN HIS/HER OWN FREE WILL WITHOUT ANY DIFFICULTY OR CONSTRAINT. 9.4. THE PARTIES AGREE THAT THE AGREEMENT DOES NOT HAVE ANY UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF BENEFITS. 9.5. THIS AGREEMENT DOES NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNFAIR TERMS IN CONSUMER AGREEMENTS. THE PROVISIONS ARE NOT CONTRARY TO THE PRINCIPLES OF GOOD FAITH AND THEY ARE IN COMPLIANCE WITH THE LAWS ON PROTECTION OF CONSUMERS. 9.6. THE TERMS AND CONDITIONS OF THIS AGREEMENT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS WAS PERFORMED BY THE BUYER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF TO THE NATURE OF THIS AGREEMENT AND THE PARTICULARITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS AGREEMENT WERE WRITTEN IN A CLEAR AND COMPREHENSIBLE MANNER AND ARE NOT AMBIGUOUS. Seller : AKAL TİCARET VE TEKSTİL SAN LTD ŞTİ. Buyer : Date :