This agreement and its annexes, which are an integral part of the Shopexi User Agreement (hereinafter referred to as 'User Agreement'), are arranged between MTA Medya Turizm Bilişim San. ve Tic. Ltd. Şti. and the user who becomes a member of the site, for the purpose of the user’s membership to the site and at the moment of the User Agreement’s approval in the electronic environment where the site is located.
By becoming a member of the site, you accept, declare, and undertake that you have read the entire User Agreement, understood its content in its entirety, and approved all its provisions.
Shopexi: MTA Medya Turizm Bilişim San Ve Tic. Ltd. Şti.
User: A real or legal person who becomes a member of the site and benefits from the services offered on the site within the conditions specified in this User Agreement
Buyer: A user who purchases goods and/or services offered for sale by the seller by using the services on the site
Seller: A user who uses the services offered on the site to offer goods and/or services, over which they legally have ownership and the right to dispose of, for sale to other users
Site: www.shopexi.com The website consisting of this domain name and its subdomains
Shopexi Services (Briefly "Service"): The applications laid out within the site by Shopexi to enable users to perform the operations and transactions defined in the User Agreement; Shopexi may at any time make changes and/or adjustments to its services to enable users to perform the operations and transactions defined in the User Agreement more effectively. The rules and conditions that users must comply with regarding these changes and/or adjustments made by Shopexi will be announced to users by Shopexi on the announcement board related to the use of the relevant Service.
Market Protection System: The Service provided by Shopexi, within the conditions stated in the User Agreement, aimed at the execution of the payment part of the sales contract made between the buyer and seller
Secure Account: The escrow account managed by Shopexi for the execution of the Market Protection System Service
Product: Any kind of goods and/or services offered for sale by the seller on the site
Buy: The pricing model where the seller sets a fixed price for the product
3.1 The subject of the User Agreement is to determine the conditions of benefiting from the services offered on the site and the rights and obligations of the parties.
3.2 The scope of the User Agreement includes the User Agreement and its annexes, as well as all kinds of warnings, texts, and explanations made by Shopexi regarding usage, membership, and services within the site.
3.3 By accepting the provisions of the User Agreement, you also accept any declaration made by Shopexi regarding usage, membership, and services within the site and agree to act in accordance with these declarations.
4.1 Membership is completed by the person wishing to become a user sending the necessary identity information to become a member of the site in the relevant section of the site, and the user entering the 'link' sent to the email address provided during registration by Shopexi. Until the membership process is completed, one cannot have the right and authority to be a 'user' as defined in this User Agreement.
4.2 To become a seller member of the site, it is necessary to be over eighteen years old and not to have been temporarily suspended from membership or permanently banned from membership according to Article 5.2 of this User Agreement. Persons who are under eighteen years of age or have been temporarily suspended from membership or permanently banned from membership by Shopexi according to Article 5.2 of this User Agreement, even if they complete the site registration process, will not result in being a site member.
a) The user accepts, declares, and undertakes to act in accordance with all the conditions stated in the User Agreement, the rules specified in the relevant parts of the site, and all applicable legislation while completing the membership procedures, benefiting from the services of the site, and performing any transaction related to the services on the site; and acknowledges and approves all the conditions and rules mentioned above.
b) The user accepts, declares, and undertakes that Shopexi is authorized to disclose their confidential/private/commercial information to official authorities and/or to the rightful owners in situations where it is required by mandatory legislative provisions or when the rights of other Users and third parties are claimed to be violated, and therefore, no compensation can be claimed from Shopexi under any name for such disclosures.
c) The security, storage, keeping away from the knowledge of third parties, and use of the access tools to the system used by users to benefit from the services offered by Shopexi (such as user name, password, etc.) are entirely the responsibility of the users. Shopexi has no direct or indirect responsibility for all negligence and faults of the users regarding the security, storage, keeping away from the knowledge of third parties, and use of the access tools, and for any damages that users and/or third parties may incur or may incur as a result thereof.
d) Users accept, declare, and undertake that the information and content provided by them within the site are accurate and lawful. Shopexi is not obliged and responsible for investigating the accuracy of the information and content transmitted to Shopexi by users or uploaded, changed, or provided by them through the site, nor for guaranteeing the safety, accuracy, and legality of these information and contents, nor for any damages that may arise from these information and contents being incorrect or erroneous.
e) Users cannot transfer partially or completely their rights and obligations under the User Agreement to any third party without the written consent of Shopexi.
f) Those who benefit from the services provided by Shopexi and use the site can only perform transactions on the site for lawful purposes. The legal and criminal responsibility of every transaction and action performed by users within the site belongs to them. Each user accepts, declares, and undertakes not to reproduce, copy, distribute, process images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists found within the Site in a way that violates the real or personal rights or property of Shopexi and/or another third party, either with these actions or by other means, and not to compete with Shopexi directly and/or indirectly. Shopexi cannot be held directly and/or indirectly responsible for the damages that third parties may suffer or may suffer due to the activities carried out by users on the site in violation of the provisions of the User Agreement and/or law.
g) Shopexi, its employees, or managers are not responsible for the services provided by third parties including users on the Site and the content published. The guarantee of the accuracy and legality of the information, contents, visual and auditory images provided and published by any third party is entirely the responsibility of the persons who perform these actions. Shopexi does not guarantee the security, accuracy, and legality of the services and contents provided by third parties including users.
h) Users are obliged to use the Payment Protection System in transactions related to the purchase and sale of Products listed on the site, with some exceptions stated in this Agreement.
ı) The user accepts, declares, and undertakes that Shopexi will share the user information with the individuals and institutions related to the campaign and the draw within the scope of any draws to be conducted on the site, and therefore, no compensation can be claimed from Shopexi for any reason.
i) Users will not perform transactions between their own memberships or those of acquaintances that would enable money transfers, nor will they engage in behaviors that manipulate the operation of the site; otherwise, they accept, declare, and undertake to compensate for all damages Shopexi may suffer.
j) Users accept, declare, and undertake that this User Agreement will be valid in every platform where the site operates, including mobile environments.
k) Shopexi provides its users with the opportunity to receive promotional and informational messages at their discretion. Users accept, declare, and undertake that they consent to receive all kinds of informational and promotional messages sent by Shopexi in every medium where the site operates, including mobile environments. Users have the right to make changes regarding the reception of informational and promotional messages in the settings of their user account.
l) The user accepts, declares, and undertakes that Shopexi allows the encryption and storage of credit card information on the user's own device within the mobile application related to the site. The user; accepts, declares, and undertakes that Shopexi has no responsibility in case of theft, loss, or unauthorized possession of the device.
a) By making a purchase request with 'Buy Now,' the buyer is deemed to have accepted the product description, sales terms, and procedures specified by the seller.
b) The buyer will ensure the payment of the purchased products' prices to the Secure Account managed by Shopexi, using the Market Protection System Service, until the sales transaction between the buyer and seller is completed, including the physical delivery of the product by the seller and its acceptance by the buyer.
c) After the buyer makes the payment to the Secure Account, the seller must enter the product's shipping information on the Site within 3 business days +24 hours. The buyer agrees, declares, and undertakes that they will request Shopexi to transfer the product price in the Secure Account to the seller's account upon receiving the product or if the product sent by the seller is not accepted, they will return the product to the seller and request the refund of the product price from Shopexi. If the buyer sends the product back to the seller for any reason, the sales price of the related product held in the Secure Account will be returned to the buyer's account only after the seller notifies Shopexi that the product has been received back.
d) The buyer accepts and declares that Shopexi is not aware of and does not need to guarantee whether the products offered for sale by the sellers on the site are defective, smuggled, or prohibited, the quality, originality, and accuracy of the written and/or visual descriptions used in the product's promotion, but not limited to, the actuality of the product.
e) The buyer accepts, declares, and undertakes that if the seller decides to cancel the sale and not to deliver the product at any stage of the sales process on the site, for any reason whatsoever, Shopexi will not be responsible or liable; and the buyer cannot demand the supply of the product or a similar product under any circumstances or claim any compensation from Shopexi.
f) The buyer accepts, declares, and undertakes that the sales price sent to the Secure Account for transfer to the seller, after deducting the VAT included Service fee and after the obligations specified in Article 5.1.1 (c) of this User Agreement are fulfilled by the buyer, will be transferred to the bank account reported by the seller to Shopexi; during this process, Shopexi will not perform any transactions or dispositions on the buyer's money in the Secure Account on behalf of the buyer.
g) The buyer accepts, declares, and undertakes that Shopexi can use their user information within the framework of the Law on Consumer Protection and the Regulation on Distance Contracts.
h) The buyer accepts, declares, and undertakes that in any dispute arising from the pre-information form and distance contract, Shopexi will not be a party; and any claim related to the product subject to the sale and/or the pre-information form and distance contract will only be directed to the seller; Shopexi will not have any legal liability in these matters.
ı) The buyer confirms, understands, and accepts that Shopexi, who is not a party to the sales contract between them and the seller and has no transactions, commitments, and obligations regarding the sales relationship and the product subject to sale, under the Law on Consumer Protection, does not have any transactions, commitments, and obligations; and Shopexi is not a party to the pre-information form and the distance contract.
a) The seller accepts, declares, and undertakes that the ownership of the product/products offered for sale on the site belongs to them and/or they are authorized to transfer ownership, and there is no legal or other obstacle to selling the product/products by themselves.
b) The seller has the right and authority to sell a product offered for sale on the site by using the 'Buy Now' option at a fixed price previously announced. After the buyer pays the product price to the Secure Account, the seller must enter the shipping information of the product on the site within 3 business days +24 hours.
c) In accordance with the User Agreement and site rules, if the buyer does not fulfill their obligations or does not deposit the product price into the Secure Account, the seller has the right to cancel the product unilaterally and without incurring any additional obligation or liability towards the buyer.
d) The seller accepts, declares, and undertakes that the product/products offered for sale are not contrary to the provisions determined by the User Agreement or specified in certain places of the site, including Prohibited Products, and comply with the rules related to the use of the site and the services provided on the site, the conditions related to membership, and the applicable legislation.
e) The seller accepts that they are solely responsible for all legal liabilities of the products displayed on the site, the products have been previously released by the manufacturer or authorized sellers in Turkey and the world, and Shopexi has no direct or indirect relationship with them under any title in terms of product supply and sales.
h) The seller accepts, declares, and undertakes that they are solely responsible for ensuring that the products offered for sale on the site are not Prohibited Products; and for any legal responsibility arising from the sale, distribution, or any action related to the offer for sale of the product on the site being contrary to any applicable regulation.
ı) The seller accepts, declares, and undertakes that the buyer can request Shopexi to transfer the product price in the Secure Account to the seller's account upon receiving the product, or if the product sent by the seller is not accepted, they can return the product to the seller and request the refund of the product price from Shopexi.
i) The seller accepts, declares, and undertakes to send the product on time, without damage, in accordance with the qualities specified on the site, and free from defects; and that the sale of the product to the buyer, the transfer of ownership, and related rights and obligations are solely their responsibility.
j) The seller accepts, declares, and undertakes that after fulfilling the obligations specified in subparagraph (b) of Article 5.1.1 of this Agreement by the buyer, the sales price sent to the Secure Account for transfer to the seller, after deducting the VAT included Service fee, will be wired to the bank account reported by the seller to Shopexi; and during this process, Shopexi will not perform any transactions or dispositions on the buyer's money in the Secure Account on behalf of the seller.
k) The seller accepts, declares, and undertakes that if the buyer decides to cancel the purchase of the product at any stage of the sales process on the site, for any reason whatsoever, Shopexi will not be responsible or liable; and the seller cannot demand the sale of the product to another person under the same purchase conditions or claim any compensation from Shopexi.
l) The seller accepts, declares, and undertakes to immediately compensate any damage incurred by Shopexi due to non-compliance with any provision of this Agreement; and if there is money in the Secure Account, Shopexi can claim this damage amount from that balance without any notice or warning.
m) The seller accepts, declares, and undertakes that they are solely responsible for all damages arising from the sale of the products they offer on the site, both during the sales phase and after the sales transaction is completed and payment has been made to them; and they will cover all claims and lawsuits from buyers and rights holders, including costs and attorney fees, arising from non-fulfillment of the obligations specified in this User Agreement. Shopexi reserves the right to recourse against the seller for all claims and lawsuits from buyers and rights holders, including attorney fees and damages.
n) The seller accepts, declares, and undertakes that Shopexi can use the information provided by them regarding the products sold on the site under the Law on Consumer Protection and the Regulation on Distance Sales.
o) The seller accepts, declares, and undertakes that they will be responsible for the accuracy of the information related to the product, and Shopexi is not obliged to check the accuracy of this information provided by them.
ö) The seller accepts, declares, and undertakes to comply with the provisions of the Law on Consumer Protection and the Regulation on Distance Sales, and not to make any act or declaration that limits or eliminates these provisions. The seller accepts that all liability towards the buyer under the Law on Consumer Protection is their own, and in any dispute, claim, or lawsuit arising between them and the buyer, Shopexi will not have any responsibility, and they will act in accordance with the provisions of the pre-information form and distance contract.
p) The seller is obliged to list the product/products they offer for sale on the site in a suitable and correct category, taking into account the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards issued under this law, as well as the Law No. 4077 on Consumer Protection or other relevant legislation provisions; and not to use unrelated words to the Product. The seller is personally responsible for all damages and losses, including administrative sanctions and penalties, that Shopexi may incur due to non-compliance with the User Agreement, the Bank Cards and Credit Cards Law, and the Regulation on Bank Cards and Credit Cards, the Law on Consumer Protection, or other relevant legislation provisions. If Shopexi detects that the seller has misclassified the product/products or provided misleading information and/or words related to the product/products, Shopexi has the right to remove these products from the site. The seller cannot claim any damage or loss from Shopexi for the removal of such products from the site.
a) Shopexi reserves the right to always close and delete the services and content provided on the site to third-party access. Shopexi can exercise this right without any notification and pre-notification. Users must promptly fulfill any changes and/or corrections requested by Shopexi. Users are fully responsible for any legal and criminal liabilities arising from or that may arise from not timely fulfilling the changes and/or correction requests made by Shopexi.
b) Shopexi may provide links on the site to other websites, portals, files, or content owned and operated by third-party sellers, providers, and other third parties not under the control of Shopexi. These links may be provided by users or for convenience by Shopexi and do not constitute an endorsement or guarantee of any kind regarding the website, its operator, or the information contained therein. Shopexi is not responsible for the services or products offered or the content provided through these links accessed via the site.
c) Shopexi does not act as an arbitrator or judge in disputes arising between users regarding the services and products provided on the site.
d) The membership of a seller found to be manipulating or listing prohibited products as specified in the User Agreement and/or products whose sale is banned by relevant legislation and/or not complying with the User Agreement and rules specified on the site will be temporarily or permanently cancelled by Shopexi.
e) The membership of a seller found to be listing prohibited products as specified in the User Agreement and/or products whose sale is banned by relevant legislation and/or not complying with the User Agreement and rules specified on the site will be temporarily or permanently cancelled by Shopexi.
f) Shopexi may scan for content and/or messages between users conducted on the site that are contrary to the operation of the site and/or the User Agreement and/or the general rules of the site and/or general moral standards, and Shopexi may remove any detected messages and/or content at any time and manner it sees fit; Shopexi may also issue a written warning to the user who created this message and/or content, or terminate the user's membership temporarily or permanently without any notice.
g) Users and Shopexi are legally independent parties. There is no partnership, representation, or employer-employee relationship between them. The approval and implementation of the User Agreement do not result in any partnership, representation, or employer-employee relationship.
h) Usernames or "shop" names uploaded to the system by users when registering on the site are subject to the provisions of the User Agreement, and users must not violate the legal rights of third parties, such as copyright, trademark, commercial name, etc., when determining their "username" or "shop" name. If users act contrary to this provision, Shopexi may request the user to correct this non-compliance with the User Agreement, or may cancel the user's membership temporarily or permanently without prior notice.
ı) Shopexi will review applications made by individuals claiming infringement of intellectual and industrial property rights, including but not limited to trademarks and copyright. Following such applications for protection of rights, Shopexi reserves the right to remove listings of products related to users and, if necessary, suspend or cancel the memberships of users.
i) Shopexi may use information related to products listed by users for the purpose of collecting statistical data.
j) The responsibility for the import of the product subject to sale, including any taxes, funds, penalties, and other obligations and their interest, lies with the Seller. Shopexi, acting as a Hosting Provider, has no responsibility in these matters.
a) Within the scope of services provided on the site by Shopexi, the sale of certain products is prohibited by Shopexi.
b) If a seller lists Prohibited Products on the site and this is detected by Shopexi, Shopexi reserves the right to stop the listing and sale processes of the Prohibited Products, not to refund the listing fees for these products, and to temporarily or permanently terminate the membership of the seller listing the Prohibited Products and/or to terminate the User Agreement without notice.
c) Shopexi may, without prior warning to the seller, file a complaint or report to the Public Prosecutor's Office and relevant regulatory and supervisory bodies for the necessary legal action, especially in cases of stolen, smuggled, or supplierfeit product sales. The user agrees, declares, and undertakes not to hold Shopexi responsible under any name or title and not to demand any compensation in case of damage resulting from Shopexi's notification and/or provision of information. The seller agrees, declares, and undertakes in advance to cover all claims and lawsuits from third parties or institutions, including compensation and attorney fees, that may arise from the same reason.
d) The seller acknowledges, declares, and undertakes that all products displayed on the site have undergone customs procedures in accordance with the customs legislation and regime of the Republic of Turkey and have entered free circulation.
e) It is prohibited to display and sell products on the site that have entered Turkey in violation of the current customs legislation and regime or without being subjected to customs procedures. It is prohibited for users residing abroad to offer and sell products on the site that have not been subjected to customs procedures and have not entered free circulation. Shopexi will cancel the listings of products that have not undergone customs procedures and are attempted to be sold directly as international sales as soon as it becomes aware and will not refund the listing fee to those who attempt this.
Shopexi provides services fundamentally aimed at facilitating communication between users and providing a secure payment infrastructure for transactions conducted between users through the site.
a) In the purchase and sale transaction between the buyer and seller, Shopexi offers a payment management service called the Market Protection System at the stage of payment of the product price. Detailed information about the Market Protection System is located in the Market Protection System section annexed to this agreement.
b) Users are directly and/or indirectly responsible for all kinds of taxes, fees, levies, and similar obligations arising from the sale of products bought and sold using the Market Protection System and services or in case of importation of the product, any non-compliance with the law, all kinds of taxes, funds, penalties, other obligations, and all of these. None of the responsibilities for taxes, fees, levies, and similar obligations arising from sales and transactions and importation are attributable to Shopexi.
a) Sellers benefit from the service that allows the products listed for sale to be viewed by a wide membership community at any time of the day, thereby contributing to the formation of a suitable and competitive market price.
b) Sellers and buyers benefit from all types of communication services using the site communication infrastructure on the sale price of the product, delivery conditions, and payment of product prices according to the pricing models determined by the sellers.
Users, subject to paying the fees set by Shopexi for Additional Services, can benefit from additional services including but not limited to the Supplier Service, Optional features, and Listing Service, in addition to the services mentioned above, by paying the fees determined by Shopexi.
a) The User Profile Evaluation System is a rating and evaluation system created entirely by the initiative and evaluations of users, aimed at enabling secure communication and trade between users and allowing users to have an idea about other users. Users will create their comments on the user profile only based on the experiences and information they have gained in line with Shopexi services and the use of the site.
b) All legal and criminal responsibilities related to the comments made while creating a user profile and adding new comments to the user profile belong to the user who added the comment. Shopexi will not accept any legal responsibility for the comments found in user profiles.
c) Users cannot engage in behavior that manipulates the User Profile Evaluation System using any method under any pretext; if they do, they agree, declare, and undertake to compensate for all damages incurred by Shopexi related to the issue and accept that Shopexi has the right to temporarily or permanently terminate the user's membership.
d) Comments added by users to the user profile will not be altered by Shopexi under any circumstances.
e) Users cannot transfer or allow the use of their user profiles created for them under any circumstances to another user. A user who transfers or opens their user profile to another person agrees, declares, and undertakes that Shopexi has the right to unilaterally terminate the User Agreement and the user's membership without notice.
f) Users agree, declare, and undertake that if they violate the rules stated on the site or the provisions of the User Agreement, Shopexi may deduct penalty points from their user profiles.
Shopexi will announce the service fees related to product listing for sale, using the Market Protection System, and Additional Services in the 'Help' section of the site. Changes to service fees will become effective from the moment they are announced and will remain valid until the end of any campaign related to the fees, if such a campaign exists. Unless otherwise stated on the site, all fees for services provided on the site will be calculated and collected in Turkish Lira (TL).
Shopexi may use information related to users in accordance with the regulations in the Privacy Policy. Shopexi will not allow third parties and institutions to use confidential information of users, except in cases permitted contrary to the User Agreement and Privacy Policy.
a) All elements of the site (including designs, text, images, HTML code, and other codes, but not limited to these) (works subject to Shopexi copyright) are owned by Shopexi and/or used under license obtained from a third party. Users cannot resell, share, distribute, display, reproduce, create derivative works from, or prepare Shopexi services, Shopexi information, and works subject to Shopexi copyright, or allow others to access or use Shopexi services; otherwise, they will be responsible for covering the compensation amount demanded from Shopexi due to damages incurred by third parties including licensors, as well as court costs and attorney fees, but not limited to these.
b) All rights of Shopexi, including Shopexi services, Shopexi information, works subject to Shopexi copyright, Shopexi trademarks, Shopexi trade appearance, and all tangible and intellectual property rights obtained through the site, are reserved.
c) Users agree, declare, and undertake to comply with the rules regarding the use of Shopexi's Brand and Logo.
a) Shopexi, at its sole discretion and unilaterally, can change this User Agreement and its annexes at any time by announcing them on the site. The amended provisions of this User Agreement will become effective on the date they are announced, or if a validity date is specified in advance, on the validity date; the remaining provisions will remain in effect and continue to produce their effect and results. This User Agreement cannot be amended by the unilateral declarations of the User.
b) This User Agreement will become effective for all current registered users as of 01.05.2020 and for all users who register after this date, from the date of their registration.
In all cases legally considered as 'force majeure', Shopexi is not liable for any failure to perform any of its obligations under this User Agreement due to late or incomplete performance or non-performance. Such circumstances will not be considered as delay, incomplete performance, or non-performance or default for Shopexi, nor will any compensation be claimed from Shopexi for these situations. The term "force majeure" shall be interpreted as unavoidable events beyond the reasonable control of the affected party and despite the due diligence could not be prevented, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions.
Turkish Law will be applied in the implementation, interpretation, and management of the legal relations arising within the provisions of this User Agreement. Istanbul Courts and Execution Offices will have jurisdiction over any disputes arising from or likely to arise from this User Agreement.
This User Agreement will remain in effect as long as the user is a member of the site and will continue to produce its effects and results between the parties; it will be considered terminated in cases where the membership is temporarily or permanently suspended. Shopexi can unilaterally terminate the User Agreement in case of users violating this User Agreement and/or similar rules regarding usage, membership, and services within the site, especially in the cases listed below, and users will be liable to compensate for all damages incurred by Shopexi due to the termination reason:
a) Listing of products designated as Prohibited Products by the seller on the site and this being detected by Shopexi,
b) The user engaging in behaviors that manipulate the operation of the site using any method,
c) The user transferring or opening their user profile created for themselves to another person,
d) The user engaging in actions that infringe or threaten to infringe the rights of third parties,
e) Users not using the Market Protection System for the purchase and sale of products listed for sale on the site.
Users accept that the rules defined in this article are an annex and an integral part of the User Agreement and will be valid together with this User Agreement.
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