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Terms & Conditions

1. Applicability

These terms and conditions (“Terms” or “Terms and Conditions” where appropriate) govern rules for usage of our company’s (“Company”) website located at https://www.badbadgergames.com/ (hereinafter the "Website”) by the users or Customers (“Customer” or “User” where appropriate), regardless of their intent to purchase our Products (“Products”) and apply to anyone accessing or using the Website, rights of which belong solely to our Company.

By accessing or using the Website, including purchasing our Products the Customer accepts, undertakes and declares: (1) to comply with, and be bound by these Terms and Conditions; (2) that the Customer have the right, authority, and capacity to abide by these Terms and Conditions; (3) to comply with all applicable laws, rules and regulations concerning access to and use of the Website including purchases; and (4) the Customer are of legal age to form a binding contract and are not a minor as per the applicable laws of the Customer’s residency.
These General Terms and Conditions are only available in the English language.

 

2. Terms on Purchase

Please be informed the details of terms of sales are determined under the “Distance Sales Contract” which may be reached via […], and below provisions do not reflect the whole terms for the purchase of our Products. Reserving the provisions under the Distance Sales Contract, an agreement will be deemed concluded by and between the Customer and the Company by means of the Company’s acceptance of an order that has been placed on or via the Website by, respectively:

(1) selecting a Product;

(2) filling in the address details and, if the delivery address is not the same as the invoice address;

(3) accepting the provisions of the Distance Sales Contract;

(4) making a payment;

(4) delivery of the confirmation sent by the Company via e-mail, as soon as possible after the order has been placed.

Kindly note that, after receipt of the Customer’s order, the Company reserves the right to accept or decline the order at any time for any reason whatsoever, or any portion thereof, even after the receipt of an order confirmation from the Company is received by the Customer. The Company holds the right to limit the number of Products ordered and to refuse service without prior notification.

In the event that an incorrect price is shown for a Product, either due to typographical or other error, the Company shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if the account of the Customer has already been charged for the purchase and the order is cancelled, the Company shall credit the relevant account in the amount of the incorrect price.

 

2.1. Shipping Policy

a) After duly concluding the Distance Sales Contract and sending the confirmation e-mail, the Company shall deliver the Products as quickly as possible, and in any event within  90 days, to the address indicated by the Customer, provided that the Company has received the full purchase price. The Company will make delivery in accordance with agreed delivery dates to every extent possible; however, the Customer acknowledges that the delivery dates are dependent on work or services to be provided by third parties. The Company takes no responsibility for the delays arising out of the actions of third parties and damages resulting from the same.

b) Since the Products will be delivered based on the information the Customer provides, the Customer warrants that the information provided during the purchase is full and correct and our Company shall not be liable for the purchases ordered with wrong or missing information. In case of any change in this information, the Customer undertakes to notify the Company in writing as soon as possible at hello@badbadgergames.com

c) Shipment shall be made from Turkey using a carrier designated by the Company.

d)If the Customer fails to collect or take delivery of the Products on time, irrespective of the reason, the costs made by the Company, including any costs of transportation, storage and safekeeping may be transferred to the Customer at the discretion of the Company. The Customer accepts that it shall not claim a right related to the non-delivery of the Product in such cases, and the Company shall not be responsible for the Products which could not be delivered to the Customer due to the failure of the same.

e)The Products shall be imported on behalf of the Customer. The Customer authorized the Company to import the Products on his/her behalf. Further, the Customer agrees that the Company may delegate the obligation to import the goods on his/her behalf to a subcontractor (e.g. customs broker). The Customer acknowledges that he/she shall pay the taxes & duties in addition with the purchase price of the Products.

f)The ownership and the risk of any damage or loss shall be deemed transferred to the Customer, at the time of delivery.

2.2. Price and Payment

The prices indicated on the Website are exclusive of Value Added Tax (VAT) and are exclusive of shipping costs and taxes/duties. The total purchase price due shall be indicated when the order is placed and when the Distance Sales Contract is confirmed by the Customer. The Company shall be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The price for the purchase of Products shall be the price indicated at the time at which the order is placed. Payment may be made using the methods indicated on the Website.

2.3. Return & Refund Policy.

We, unfortunately, cannot provide a right of return & refund for our Customers, due to the sensitivity of the Products that we sell. In that regard, we urge our Customers not to send the purchases back to our Company. In the cases where the Customer send the Products that it has purchased, we would like to remind that we shall not be able to refund the price paid in return of such Product, since there is no refund policy of our Company.

2.4. Replacement Policy

We only replace Products if these are accepted as defective or damaged by our Company. If the need for replacement arises for such Products, the replacement may be realized upon the confirmation of the Company, upon the prior e-mail sent by the Customer at hello@badbadgergames.com. In the case where the Company accepts such requests, the Customer shall send relevant Products to the [address].  Kindly note that, the Customer shall be responsible for paying for the shipping costs for replacing such Products. Depending on the place where the Customer resides, the delivery date of the replaced Products may vary.

3. Privacy Policy and Cookies

The Company may ask personal information of its Users while they peer through the Website. The provisions concerning this process are provided under the section called “Privacy Policy & Cookie Policy” within the Website.

4. Intellectual Property

4.1. Website: Unless otherwise indicated, intellectual property rights on documents and any other type of data included on the Website and each of the Website’s components (e.g., images, text, graphics, button icons audio, chart etc.), including but not limited to software and databases are the exclusive property of the Company (hereinafter the “Content”). The Company does not grant any permissions or any right to its Users other than visiting the Website. Reproduction of all or part of the Content is authorized only for the purposes of personal information and/or private use, and any act of reproduction and/or any act of usage of the copies produced for any other purposes in any manner and in any form whatsoever is expressly prohibited. It is also prohibited to copy, modify, create a derived work, assemble, decompile (except as provided by law), sell, assign, sublicense or transfer in any manner whatsoever any right included to the Content. It is also prohibited to modify all or part of the Content, including any software or modified versions of the software in order to obtain unauthorized access to the service and access the Website by any means other than the web interface which is provided to the User by The Company for this purpose.

4.2. Trademarks: It should be noticed that the Company owns the Company’s brand name and logos. The user is aware that during the use of this Website, all rights regarding the brand of the Company is reserved and that it is prohibited to the User to make any use whatsoever of the Company’s brand name and logos and more generally prevent any harm to the Company’s intellectual property rights regarding its brand names and logos. The Company is entitled to claim damages for copyright infringement and intellectual property violations about the use of this Website from its Users. In the same way, it is prohibited to the User to cause any damages to property rights, including intellectual property rights and copyrights belonging to other affiliates, subsidiaries, group companies of the Company. The Company and the Company’s shareholders are legally entitled of their brands. All other trademarks and logos appearing on the Website belongs either to the Company, or its suppliers, partners or service providers. Any use whatsoever of trademarks and/or logos and/or any Content is subject to the express permission of the Company, or the person entitled of the intellectual property rights concerned by any damage occurred.

4.3. Use of the Website’s Domain Name: Any establishment of links to the Company’s Website, any framing of the Website, and more generally the use of any element composing the Website is subject to prior and express authorization from the Company which may be revoked at any time in its sole discretion. The Company reserves the right to (i) request the removal of any link to the Website that have not been or would not be any longer authorized and (ii) claim compensation relief for damages resulting of the above actions.

4.4 Intellectual Property Rights of Products: The Customer acknowledges that intellectual property rights under this Terms cover the intellectual property rights, similar rights and forms of protection with comparable effect, irrespective of the country in which such rights were granted or an application has been filed, and regardless of whether they are or could be registered in a public register, including applications for rights such as patents, trademarks, utility models, design patents, internet domain names, business designations, geographical indications of origin, copyrights and other ancillary copyrights, including know-how, show-how and any and all applicable trade secrets and other proprietary information. In light of this definition, the Customer agrees, represents and undertakes that the Company is and shall be the sole owner of all intellectual property rights on all Products, information, document, services provided by the Company, and that the Customer has no right or interest thereon. The Customer agrees, represents and undertakes not to use the Company’s registered and/or unregistered intellectual property rights for any reason whatsoever, and that its liability related to these rights shall remain effective for an indefinite period, unless any other agreement is executed for such aim. Further, the Customer agrees, represents and undertakes that it shall not engage in any act or action that damages or has the potential to damage or jeopardize the intellectual property rights of the Company, and accepts that in such situation, the Customer shall be liable for the damages incurred by the Company.

 

5. Users’ Behavior

5.1. The User, by browsing the Website recognizes the fact that it is prohibited to:

  • upload to the Website, post, e-mail or send by any other means;

    • an unlawful, harmful, threatening, abusive, harassing, criminal, defamatory, vulgar, obscene, immoral, violating the right to privacy, including any right relating to his/her image, discriminatory or hateful or ungracious or offensive of a racial, ethnic or any other point of view;

    • an unsolicited or unauthorized advertising or promotional material, "junk mail", "spam", "forwarding solicitations" or any other form of solicitation; 

    • any material that contains software virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or any other telecommunication material; interfere or disrupt the Website or the servers or the network connected to the Website, or disobey any requirement, procedure, policy or regulations of the network connected to the Website;

  • access data not intended for the User or logging into a server/an account to which the User is not authorized to access normally;

  • attempt to probe, to scan or to test the vulnerability of a system or network or to breach security or authentication measures without having proper authorization;

  • spoof the identity of a third party;

  • carry out an activity or induce a third party to conduct any illegal activity or any other activity infringing the rights of the Company, its suppliers, partners, distributors, advertisers or any other User;

  • communicate or transfer information or software derived from the Website especially to other countries or to certain foreign citizens in violation to any national or international law or regulation in force.

 

5.2. Each User agrees to comply with all regulations and local and international procedures regarding online conduct and acceptable content, and mainly all applicable laws to the transmission of technical data.

 

5.3. The Company reserves the right to implement any medium capable of putting an end, and this, without notice, to the use of the Website by the User or of any other service of the Company in order to violate the terms of the Company, without prejudice to the right to claim any damages incurred by the Company due to the non-compliance with the of use of the Website.

6. Responsibility

6.1. Limitation of Liability. As far as the applicable law allows, the Company shall not be liable in respect of any losses, damages, costs or expenses which may be suffered and/or incurred by the Customer arising from or in connection with our Products or the use of Website or in any other way related to these Terms and Conditions. Further, the Customer acknowledges that the Company shall not be liable for any indirect, consequential, special, incidental or punitive loss or damages, loss of profits, or loss of business of the Customer, within the limits of the applicable law.

6.2. Hyperlinks. The Website may contain information from third parties and links to other websites. The Company does not control neither the accuracy of the information neither the content thereof, and the User acknowledges that these types of information are placed on an “as is” basis, without any warranties, representations or conditions of any kind. Therefore, the Company cannot be held liable for damages resulting from the use, access to, or inability to use such kind of information or the content of other websites.

6.3. Disclaimer of Warranties. The Company gives the Customer no warranties either for the Products or for the Website, whether express, implied or tacit and all of the applicable provisions related to guarantee and liability stipulated clearly or implicitly under the applicable law shall be excluded and shall not be applied. In case there shall be a claim in relation to the infringement of a right regarding the information or Products displayed in the Website, the Users shall directly contact the Company.

6.4. Errors & Inaccuracies. Occasionally there may be information on the Website or in the Products containing typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability and etc. Our Company makes its best effort to and reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the purchases or on the Website is inaccurate to provide our Customers with the most accurate information. The Company does not take responsibility for the cases where errors and inaccuracies occur on the Website or in the Products.

7. Miscellaneous

7.1. Force Majeure. The Company is not liable for any damage as a result of a delay in the delivery or a failure to deliver the Products or operating the Website that has been caused by circumstances that impede the Company from complying with its obligations, and that cannot be attributed to the Company such as – but not restricted to – war, invasion, act of foreign enemy, hostilities or warlike operations (whether that be declared or not), civil war, mutiny, rebellion, revolution, insurrection, military or usurped power, confiscation or destruction or requisition by order of any Government or any public authority, or any other Act of state, including prevention or denial of trade, sanctions or closure of borders; earthquake, flood, fire, drought or other physical disaster; a national strike or lockout or other national industrial action by employees; pandemic or serious epidemic; any other circumstances beyond the reasonable control and not within the reasonable expectation of either party (“Force Majeure”). If the Company fails to comply with its obligations or fails to do so in a timely manner due to a Force Majeure situation, the Company shall be entitled to perform its obligations within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the agreement in whole or in part, without the Company being responsible for such against the Customer.

7.2. Complaints. The complaints may be conveyed to the Company by clicking on the ‘Contact Us’ button on the Website.

7.3. Modification of Content. The Company reserves the right to amend and update the Terms and Conditions and the content within the Website without notice. To be informed of any such changes, the Company advises the User to read the Terms regularly. The use of the Website is subject to the applicable Terms at the time of use.

7.4. Severability. In case that one of these provisions of the present Terms is deemed invalid because of a legislative provision that has been modified, this shall not affect in any way whatsoever the validity and the compliance with the other provision of the Terms.

7.5. Applicable Law and Competent Court. The present Terms shall be governed by the laws of the Turkey. Any dispute concerning the existence, interpretation, the performance or the breach of this Terms between the Company and the Customer, shall be subject to the exclusive jurisdiction of the Central Courts and Execution Offices of Istanbul, Turkey. The right of application to the said judicial authority shall remain valid even in the case of multiple defendants or warranty appeal, for emergency procedures or conservatory procedures upon reference or by request.

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