Terms of Service
OVERVIEW
Welcome to the OPUS ARCA merchant! "We", "us", and "our" refer to [merchant]. OPUS ARCA operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a carefully curated shopping experience ("Services"). OPUS ARCA is powered by Shopify to enable us to offer you the services.
The following terms and conditions, and all policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully as they contain important information regarding your legal rights and cover areas such as disclaimers of warranty and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, access or browse our online stores, or purchase any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide on our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make every effort to accurately represent our products and services in our online stores. However, please note that colors or product appearance may appear differently on your screen depending on the type of device you use to access the store and the device's settings and configuration.
We do not warrant that the appearance or quality of any products or services displayed or offered on our online stores will meet your expectations or be the same.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered for a particular person, geographic region, or jurisdiction, as the case may be.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. OPUS ARCA reserves the right to accept or decline your order for any reason and at its sole discretion. Your order is not considered accepted until confirmed by OPUS ARCA. For your order to be accepted, your payment must be received and processed by us. Please review your order carefully before submitting it, as OPUS ARCA may not be able to accommodate cancellation requests once an order has been accepted. In the event an order is not accepted, modified, or cancelled, we will attempt to contact you via the email address, billing address, and/or phone number provided during the order.
Products you purchase are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that the products you purchase are for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless explicitly stated otherwise, advertised prices do not include taxes, shipping, handling, customs, or import duties.
Prices published on our online stores may differ from prices offered in physical stores or other stores operated online or by third parties. We may from time to time offer promotions on our Services that may affect pricing and are subject to separate Terms and Conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made on our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by the shipping carrier, customs processing, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, images, illustrations, graphics, product reviews, video and audio content, and their design, selection, and arrangement, are the property of OPUS ARCA, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing contained herein shall be construed as granting you a license or other right under any patent, trademark, copyright, or other intellectual property right of OPUS ARCA, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by OPUS ARCA.
The OPUS ARCA names, logo, product and service names, designs, and slogans are trademarks of OPUS ARCA or its affiliate or licensor. You must not use such trademarks without the prior written permission of OPUS ARCA. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may be provided access to customer tools offered by third parties that we do not monitor, control, or direct.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks (including embedded third-party functionalities) to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party material or websites that you choose to access. If you decide to leave our Services and access these materials or third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to or purchase or use of products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship to your store and should not be removed or altered.]
OPUS ARCA is powered by Shopify, which enables us to offer you the Services. However, any sales and purchases made in our store are made directly with OPUS ARCA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and OPUS ARCA, and bears no responsibility, including for any injury, damage, or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with OPUS ARCA.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]; certain personal information may also be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you agree that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes your personal information related to your access and use of the Services to offer and improve the Services to you. Information you submit to the Services may be transmitted to and shared with Shopify and third parties, who may be located in countries other than your country of residence, for the purpose of providing services to you. For details on how your personal information is used by us, Shopify, and our partners, please review our Privacy Policy [LINK].
SECTION 11 - FEEDBACK
If you submit, upload, post, share, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, develop, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to transmit or procure the sending of any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm OPUS ARCA, Shopify, or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use the Services for spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) use any robot, spider, scraping, data gathering and extraction tools, automated device or process, Artificial Intelligence tools (e.g., agentic AI), or any automatic or manual method to access the Services; or (f) interfere with, circumvent, or bypass the security or authentication features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section (the “Agent Terms”) applies if you use, permit, enable, or cause an Agent to access, use, or interact with any Services. An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of a person or entity and that can be operated on or in behalf of a person’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it always identifies itself and operates in strict compliance with the requirements set forth below in section 14.4.Also, if we request that an Agent not access, use, or interact with any Service, no Agent may access, use, or interact with the Services.
14.3 We may limit how and in what manner any Agent may access, use, and interact with the Services, including through technical measures.
14.4 Agents must: (i) include a user agent string that clearly identifies the Agent by name, e.g., "Agent/[agent name]" in all HTTP/HTTPS requests, indicating that the request originates from an Agent; (ii) not obscure or obfuscate the fact that any access, use, or interaction originates from an Agent, for example by (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHA or measures designed to differentiate human from computer usage; (iii) accurately respond to any question or request designed to determine if interactions originate from a human or a computer; and (iv) not circumvent or otherwise impede any measure intended to block, restrict, modify, or control Agents’ access, use, or interaction with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our sole discretion, and you will remain liable for all amounts due up to the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY [VENDOR], THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER TYPES OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [VENDOR], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless [VENDOR], Shopify and its affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will provide you with notice of any claim subject to indemnification; provided that any delay in notice will not relieve you of your obligations hereunder unless you are materially prejudiced thereby. We may, at our expense, participate in the defense and settlement of any such claim, including the selection of counsel; provided that we will not agree to any settlement that imposes a monetary obligation on you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defense of any indemnified claim by providing us with such documents and information as we reasonably request.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including, but not limited to, any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not assign, transfer, or sublicense this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may assign, transfer, or sublicense these Terms and our rights and obligations without notice or your consent.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or regional courts in the jurisdiction where OPUS ARCA is headquartered. You and OPUS ARCA agree to the jurisdiction and venue of these courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sami@opusarca.com.
Our contact information is posted below:
SAMİ ALTUĞ UĞUR
sami@opusarca.com
Atakent 3. etap C/34 D9 Küçükçekmece iSTANBUL
0540 257 84 87