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NFT Redeem Terms

The Digital Collectible Terms of XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., with product brand name: Aslanback and/or Natur Canvas and/or Shanoko (registered trademark of XYNNOVATE), are supplemented by these NFT Redeem Terms, which are incorporated into each other by reference. The definitions provided in the Digital Collectible terminology will apply to capitalized terminology used but not specified in these NFT Redeem Terms. You accept these NFT Redeem Terms by accepting the Digital Collectible Terms, by expressly consenting to these NFT Redeem Terms, or by attempting to get or obtaining any physical and/or digital object(s) made accessible under these NFT Redeem Terms. 

1. Range and Utilization

These NFT Redeem Terms govern the availability of any Product, your eligibility to claim any Product, the requirements and fees you must meet in order to claim any Product, and the terms and conditions under which the Product is sold and sent to you. They also apply to any physical and/or digital item (hereinafter, "Pro") made accessible by or on behalf of XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. to an individual who owns an NFT connected with a Digital Collectible as demonstrated by authority over the digital wallet in which the NFT is stored (each such person, a "Holder"). In these NFT Redeem Terms, any references to a "Holder" are references to you to the degree that you meet the above-described description of a Holder at the pertinent moment. 

2. NFT Redeem Events

For a relevant Digital Collectible, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee might, at their discretion and periodically, make one or more Products accessible to Holders during "NFT Redeem Events." These NFT Redeem Terms and any other materials or information distributed by or on the part of XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. regarding the NFT Redeem Event (hereinafter referred to as the "Conditions") will specify the duration of each such NFT Redeem Event. During that time, any Holder wishing to claim a Product must pay all fees and fulfill all other eligibility requirements set forth by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee. It is the exclusive and sole duty of a Holder to remain informed about any NFT Redeem Event as well as to fulfill all requirements. The right to claim any Product made accessible throughout a NFT Redeem Event terminates at its completion, and there is no additional right or capacity to claim the relevant Product.

3. Eligibility to Claim a Product

In addition to any other restrictions and requirements specified in these NFT Redeem Terms, all of the following criteria must be met for a Holder of a Digital Collectible to be qualified to claim a Product:

a) To enter into a legally enforceable agreement in the state or other jurisdiction in which the Holder resides, the Holder has to be of legal age.

b) The Holder may not be prohibited from utilizing any XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. goods or services, either temporarily or permanently.

c) The Holder cannot be a citizen or resident of any nation or area to which Turkey and/or the European Union has imposed an embargo on any products or services.

d) Until the claim procedure is finished and the applicable Holder attempts to make use of any rights or get any advantages under these NFT Redeem Terms or in connection to any Product, the Holder which has claimed a Product must maintain control of the NFT connected with the pertinent Digital Collectible.

e) In order to open an account, the Holder must register, accept any terms or agreements attached to the account, and submit any information that XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee requests.

f) The Holder must choose the appropriate "Accept" button or use whatever method XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee has specified to show acceptance in order to consent to these NFT Redeem Terms.

g) Any fees or other expenses shall be paid by the Holder in the amounts and within the time frames specified by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee.

h) The Holder shall fulfill all other requirements and fulfill all other stages within the time periods specified by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee.

i) The address that the Holder has supplied for the delivery of the Product:

  • must be an address where delivery of the Product is not prohibited by law or logistics, and
  • must not be in an area or nation that has been declared by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or any relevant Seller to be an area or nation into which they do not offer goods or services.
  • must be in one of the nations or areas listed on the appropriate Seller's list of particular countries or other territories into which Products are qualified to be sent.

4. In the Event That There Has Already Been an NFT Redeem Event

Following the occurrence of a NFT Redeem Event, the Holder at that time had the option to either claim the Product made accessible throughout that NFT Redeem Event or give up any claim to it. Any future Holder shall not be entitled to claim any Product made accessible throughout that NFT Redeem Event, under any circumstances. It's possible that the "NFT Redeem" label refers to a historical feature rather than a guarantee that any product will be made accessible to holders in the future if an NFT Redeem Event has previously been placed for a NFT Redeem digital collectible.

To confirm whether a designation of an NFT Redeem Digital Collectible has an "NFT Redeem" label, or if it suggests that any future NFT Redeem Event might be made accessible to you whilst you are the Holder, you must do your own research and due diligence. Regarding any NFT Redeem Digital Collectible for which the NFT Redeem Event has already taken place, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. shall not be under any duty to make any Product available or deliver it, and shall not be liable or responsible for any failure to do so.

5. Details About the Product - Specifications

When a Product is made accessible to the Holder of an NFT Redeem Digital Collectible and any descriptions or other statements regarding the nature or features of the product to be made available are included in the embedded explanation in the NFT linked to the NFT Redeem Digital Collectible, those descriptions and assertions will be considered the "Specifications" for that product. If not, there are no Product Specifications, and XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or its designee might, at their absolute discretion, make whatever physical and/or digital thing they choose available as the Product and deliver it. To be clear, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. may, without restricting the above, make various Products accessible to Holders of essentially equivalent Digital Collectibles.

6. Conditions of Sale

6.1. For the purposes of these NFT Redeem Terms, a Holder shall be considered to have made a "Order" for the relevant Product after all Conditions have been met.

6.2. The Relevant Conditions of Sale apply to and govern all aspects of your Order and any other issues covered by the Relevant Conditions of Sale, if the website, mobile app, or other platform where you agreed to these NFT Redeem Terms contained any "Terms of Sale" or "Conditions of Sale" that were connected to or otherwise referenced, then those terms apply to and regulate all elements of your Order, including without limitation to:

a) the name of the entity that provides or sells the relevant Product (hereinafter referred to as the “Seller”),

b) any conditions that apply to the Seller's acceptance or denial of your order, shipping terms,

c) relevant fees, charges, and terms of payment pertaining thereto,

d) if any, a warranty and

e) refunds, if permitted.

For the avoidance of ambiguity, Section 6.1 of these NFT Redeem Terms governs order submission and what forms an "Order," regardless of anything else in the Relevant Conditions of Sale. You understand and agree that in the event that XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. is not the Seller, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. will not be liable to you or any third party for any problems or defects relating to any Product, including but not limited to ordering, delivery, use, or return of any Product. You also agree that you will direct any questions, concerns, or claims regarding any Product directly to the Seller of the relevant Product.

6.3. If the Sale Conditions Are Not Relevant
The conditions of sale in this Section 6.3 pertain to your order if there are no relevant conditions.

6.3.1 The ability to refuse or cancel an order
XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., Seller, or its designated representative expressly retains the right to refuse or revoke any order in the event that:

a) Your billing information cannot be verified or is incorrect;

b) Our security systems have identified your order as suspicious or one that might be fraudulent.

c) It is believed by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or Seller that you are not of legal age to be a resident of the state or other jurisdiction in which you reside;

d) the sums that were charged to you were incorrect;

e) XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or Seller was unable to deliver to the address you supplied;

f) If an Force Majeure Event makes a rejection or cancellation reasonable (see below); or

g) in the case that any details you supply are inaccurate or erroneous.

Should your order be rejected or canceled, you will forfeit the Product made accessible under the relevant NFT Redeem Event and any money you paid to ship the Product that you did not pay to a third party for delivery (or attempted delivery). XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. will decide how and when to refund these funds.

6.3.2 Verify Data
Prior to your order being completed, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., Seller, or their designated representatives may do certain checks on it after you submit it. Your address may be verified as part of these procedures, along with fraud detection. All orders are subject to partially automated reviews by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., Sellers, or their respective designees in order to weed out transactions that seem out of the ordinary, suspicious, or that might be fraudulent. Fraud allegations will be looked into and, if required, prosecuted.

6.3.3 Risk of Loss and Title Transfer
When Products are delivered to the carrier in conjunction with an NFT Redeem event, you will become the owner and bear the risk of loss.

6.3.4 Money Transfer
For the specific NFT Redeem Event, you are required to pay all fees, costs, and other sums in the way and within the time limits stated by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or Seller. Your money will not be accepted and might not be refunded by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., the seller, or you if you try to pay with a cryptocurrency or fiat currency that isn't authorized for that NFT Redeem event, or if you pay in another way. If you fail to make payments using the designated form and method of payment, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. and Seller will not be responsible for any lost money or other damages.

6.3.5 Delivery and Shipping
XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. and the Seller reserve the right to select any shipping method at their discretion and make no guarantees regarding the delivery of any Product by any particular date. However, they will make every effort to ship any Product within an appropriate timeframe following the satisfaction of all Conditions and the acceptance of your order. XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. has the right to divide up any order's delivery. Please check the package for damage when it is delivered. Please refuse the delivery if there appears to be any damage to the product.

6.3.6 Warranty Exclusion
Products are made available "as is," "where is" by XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., seller, and their respective contractors, vendors, as well as affiliates. All representations and warranties, whether express or implied, are expressly disclaimed, including but not limited to warranties of title, non-infringement, reliability, or quality for a specific purpose, as well as any warranties resulting from performance, the process of dealing, or usage in trade.

6.3.7 Returns
Only products that have specifications may be returned, and even then, only in the event that the product you received is not what was specified (i.e., the incorrect product was sent). Any product that does not have any criteria cannot be returned. Furthermore, you are not permitted to return a product unless there are obvious and substantial flaws according to the relevant specifications or if you are unhappy with the product's materials, craftsmanship, or quality. Your statutory rights are unaffected by this. As your sole remedy, pursuant to the return of the inaccurate product, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or, as relevant, Seller will substitute the wrong item with the proper product at no extra cost to you if that Seller verifies a product return is warranted.

7. Force Majeure

Any act or event that is beyond the reasonable control of XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or, where relevant, the Seller, is referred to as a "Force Majeure Event." Examples of such acts or events include civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, declared or unconfirmed war, preparations for war, natural disasters like fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics, or other natural disasters, and malfunctioning public or private networks of communication. XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or Seller will inform you promptly if a Force Majeure Event impacts the execution of XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ.'s or Seller's responsibilities under these NFT Redeem Terms. In that case, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ.'s or, if relevant,
Seller's responsibilities under these NFT Redeem Terms will be put on hold and the time for performing XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ.'s or Seller's responsibilities will be postponed for the course of the Force Majeure Event. If a Force Majeure Event prevents us from delivering a Product to you, XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or, if relevant, Seller will work with you to reschedule the delivery when the event has passed. In the event that a Force Majeure Event occurs and you decide that XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. or, if relevant, Seller should not deliver the Product, you can cancel the Order. For any such cancellation, there will be no reimbursement of any kind.

8. No Liability for Damages

XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., its contractors, and each of their affiliates shall not in any case be liable for any exceptional, punitive, or similar damages, losses and/or harm or for any indirect, accidental, consequential, or other non-direct losses, harm and/or damages of any type.

9. Liability Restriction

For all losses and causes of action, whether in contract, tort (such as negligence), or otherwise, the maximum aggregate liability of XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ., any of its contractors, as well as each of their affiliates will be limited to €50.00.

10. Indemnification

In the event that these NFT Redeem Terms are broken, or if a third party who purchased any Digital Collectible from you makes a claim that stems from that third party's failure to meet the requirements for any Product, you agree to indemnify, hold harmless, and, at XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ.'s request, defend XYNNOVATE Teknoloji ve Danışmanlık LTD. ŞTİ. and its Affiliates from and against all and any claims, demands, obligations, harm, monetary penalties, taxes, and other expenditures (including, without limitation, reasonable legal fees and court expenses).

11. Miscellaneous

These NFT Redeem Terms are subject to the provisions of Sections 21 and 22 of the Digital Collectible Terms, which alter any references to or terminology as necessary.

 

last update: 17.11.2023