From the time you become a member of Shopier, you are deemed to have fully understood and agreed to be bound by the following rules, which contains important information about your membership.
Please read this Membership Agreement carefully before registering for the Shopier and do not complete the membership process if you do not approve all the items and provisions contained in the Membership Agreement. During the establishment of a new membership, you will encounter a section that expresses that you have read this text, and signing this section will mean that you accept all of the following issues.
1. PARTIES AND SUBJECT
This Membership Agreement is valid for the persons who sell the Products in Shopier as a Member or Seller. Therefore, please read carefully the conditions listed below. If you do not accept these conditions, then do not become a member of Shopier.
Shopier is a company owned by Değer Teknoloji A.Ş. (hereinafter referred to as “Company”), which is located at the address of "İçerenköy Mh. Topçu İbrahim Sk. Sancaktaroğlu Plaza No:4/5 Ataşehir, İstanbul". Services offered through Shopier are provided by the Company. The Company reserves the right to change the information contained or will be contained at Shopier, the forms, any content and the Membership Agreement at any time without giving prior notice.
The Company may change the terms set forth in this Membership Agreement at any time and without giving any notice or notification. These amendments, Membership Agreement on the Website, cannot be amended by the unilateral declaration of the Members.
It refers to the website that consists of domain names www.goshopier.com and www.shopier.com, all rights of which belong to the Company, and subdomains connected to these domains, where platform Services are rendered in order to Shopier can offer the Products of the Sellers for sale and Buyers can display these Products
It refers to software that belongs to the Company and operates on mobile devices, tablets and similar portable devices.
Internet Site and Application together are referred to as “Shopier”.
It refers to any real or legal person who accesses the Shopier. The Visitor description includes the full description of Member, User, Seller, and Buyer.
It refers to the real or legal person who sell products from their accounts via Shopier by listing products and / or services and forming their contents and who becomes a member of the Shopier within the conditions specified in the Membership Agreement. Members may also be referred to as "Seller" hereinafter.
It refers to any real or legal person who purchases Products offered for sale through Shopier. Users may also be referred to as “Buyer” hereinafter.
PAYMENT SERVICE PROVIDER :
According to Article 13 of the Law No. 6493 on Payment and Securities Consensus Systems, Payment Services and Electronic Money Institutions, it refers to banks, electronic money institutions and payment institutions under the Law No. 5411 with which the Company is in a contractual relationship
It refers to all kinds of information, files, texts, images, videos and similar visual, literary and audio images, including but not limited to information about the Products which are accessible by Shopier and are uploaded by the Company or the Sellers. The content may hereinafter be referred to as the “Product”.
SERVICE FEE :
It refers to the price that shall be paid by the Seller.
It refers to internet pages that are used by the visitors for the purpose of displaying the Contents and inquiring from the Shopier Database, that are protected under the Law on Intellectual Property Rights (FSEK) No. 5846 and that all intellectual property rights belong to the Company and that give commands to the computer program to perform all kinds of operations that can be done via Shopier.
It refers to the whole set of data belonging to the Company and protected under Law on Intellectual Property Rights No. 5846 and where the Content is stored, classified, queried, and accessed and to the system that enable these data to be read.
3. GENERAL PROVISIONS
This Membership Agreement is valid for the Company that owns the Shopier and the Member who wishes to use the Services and sets out the terms and conditions for membership.
By accepting this Membership Agreement, the following issues are deemed to be accepted and declared in advance;
§ Real person Members, that they are over 18 years old and have the legal capacity to enter into contracts
§ Legal entity Members, that the Membership Agreement is approved by the authorized persons and is binding for the legal entity
§ Real persons and legal entity Members, that they have not been temporarily or permanently removed from the membership by Shopier for any reason. Furthermore, the Member accepts, acknowledges and undertakes by accepting the Membership Agreement that he is authorized to use the Services provided on the Website and to enter the Shopier and that he takes responsibility for selecting and using Services and entering Shopier.
The Company has the exclusive discretion to accept members. The membership application will be evaluated by the Company and the Company has the right to refuse the membership requests without giving any reason. The Company has the right to invalidate disused memberships. Also after the membership process has been completed, the Company has the right to suspend or cancel the membership temporarily or permanently, or to discontinue to provide Services without giving any reason.
Membership is completed upon the registration by filing the membership form required to become a member of the Website by the visitors who want to become members in the relevant section of the Shopier, giving the identity information, approving the authenticity of the identity information if deemed necessary, making the upfront payment and providing bank information and other similar payment and account information such as PayPal if necessary in case a paid service is included in the services requested to be used according to the information given in the membership form and approval of these activities by the Company.
Services are; (i) providing a platform to Sellers where they can sell their Products and to Buyers where they can display and order the Products and (ii) ensuring that the payments made by Buyers are transferred to the Seller following receipt of the relevant Product by Buyer. In this context, if the Seller does not send the relevant Product to the Buyer or if the Product sent to Buyer is different than promised, defective or incomplete, the price sent by Buyer shall be returned to Buyer.
Shopier and the Company have the title of “Intermediary Service Provider” which acts as intermediary in the establishment of distant contracts under the Consumer Protection Act No. 6502 and the Electronic Trade Regulation Act No. 6563.
Shopier enables members to list their products for sale and provide transfer of the fees paid by Buyers to the Seller following the payment. In this context, Sellers accept and undertake that the Company is entitled to collect the price of the Products offered for sale on behalf of the Seller. Buyers perform their payment obligations under the contractual relationship they have established with the Sellers through Shopier. In this context, the Seller accepts and undertakes in advance that the Company is authorized to transfer the payments made by the Buyers to the account of the Seller following receipt of the related Product by the Buyer, and he is obliged to pay the service fee for the Services.
Members accept in advance that the Service Fee Terms will apply in order to collect receivables from Buyers.
Members, Users and Visitors accept, declare and undertake in advance that the Company are not obliged to check any information entered in the relevant sections and that the Company do not guarantee under any circumstances the accuracy of the information provided to them. Visitors agree that they are obliged to provide Shopier with their own, true and complete information so that the Services can be provided as requested, otherwise, various problems may arise, including but not limited to, delivery of the Products to the address provided by them. In this context, Visitors are obliged to provide the information requested from them in a complete, correct and truthful manner and are liable to cover every loss of the Company due to misrepresentation of such information.
Members are obliged to protect his / her user name and password information. Members shall not disclose this information to third parties and may not make such information available to third parties. Members undertake to inform the Shopier immediately in case he / she finds out that his / her information is used without permission. The Company reserves the right to prevent the Member from accessing the Shopier and / or to terminate his / her membership in order to prevent unauthorized use.
Shopier always has the right to transform the information stored in the Database into statistics, to use them in the field of advertising and / or marketing, to use them in order to determine the general trends of the Visitors and to improve their content and services to provide more content to the Visitors.
Shopier, may use any Content including Product information and / or comments and suggestions submitted by Members, any content, including photographs, if any, regarding this product information, comments and suggestions in any promotional material, including on the Internet.
Persons under the age of 18 cannot be a member of the Shopier and cannot offer products for sale. In the event that it is determined that the member is under 18 years old, the membership shall be terminated immediately and without giving any prior notice due to inconsistency with the provisions of this Membership Agreement.
Additional rules regarding the sale and purchase of the Product and certain parts or features of Shopier, including competitions, promotions and other similar features, may apply and all such terms and conditions shall become an annex and integral part of this Membership Agreement.
The Company reserves its right to limit the amount of purchases.
The Company endeavors to show Product images as close as possible in their original colors, but does not guarantee the correctness of the colors of the Products.
The Company makes no warranties, express or implied, to any Member under the Services, including but not limited to fitness for a particular purpose, uninterrupted continuity, updating, sales guarantee, functionality, accuracy. The Company may temporarily suspend or stop services temporarily when it deems necessary. The Company has no liability against Members for any temporary suspension or complete termination of the Services.
The Company may make unilateral changes at any time in the Service Fee applied to Members and without giving any notice to Members. Changes to the Service Fee will become effective as of the date of the announcement, and if there are any campaigns, they will be effective until the end date of the campaign.
The Company does not represent Buyers and / or Sellers under any circumstances, except to the payment receivable from Buyers on behalf of Sellers. The Company may not be represented as a party to such dispute in the event of any dispute between the Seller and the Buyer, as the Company has no obligations, including any dispute between the Seller and the Buyer, including providing communication between the Seller and the Buyer.
4. RIGHTS AND OBLIGATIONS OF MEMBERS
Member agrees and undertakes to benefit from the Services in accordance with the rules published in Shopier. The Company reserves its right to amend the terms and conditions of use at any time by making announcements and / or notices. In case of any change, the Members cannot claim any acquired rights and / or antecedent right. In this context, the rules and announcements posted on Shopier also constitute an integral part of this Membership Agreement.
Members may only carry out transactions on Shopier in accordance with law. The legal and criminal liability for every transaction carried out by the Members shall be borne solely by the Members. In this context, Members acknowledge and declare that they will comply with the legislation in force in all transactions and that all the responsibilities arising out of the legislation will be borne by them.
Members cannot assert that they do not know or cannot understand the responsibilities imposed by the legislation in force. Shopier may abstain from publishing Content that is found to be in conflict with the law or cause confusion in any matter. In the event that the Company face a legal or criminal liability claim for any information or data entered by any Member into the published or unpublished information systems, the Company reserves the right to recourse to the Member.
Member cannot abstain from sending the Product purchased by the Buyer for any reason, except for force majeure circumstances. In such a case the Company does not have any criminal or legal liability, however, if the Buyer makes a notification of such case the Company may temporarily or permanently freeze or terminate the membership. In such event, the Member agrees and undertakes in advance that he / she shall be liable to cover all damages in case of any loss of the Company.
The product’s shipping information and notice of follow-up delivery will be notified by Shopier to the e-mail address given by Buyers. Shopier has no obligation to notify Buyers if Buyer’s e-mail address is not entered exactly or in the correct way or not entered at all. Shopier and the Company do not undertake any liability for the delivery of the Product to the Buyer through cargo. Only the Member is responsible for shipping and delivering of the product by cargo.
After the delivery of the Product, the Seller shall not be obliged to send the Product in case the payment made by the Buyer is not received, canceled or withdrawn from the Company’s account for any reason by the relevant bank or financial institution. The Buyer is obliged to send the delivered Product back to the Seller, in the event that it was understood that the payment was not successful after the sending and delivery of the Product. In this case, the Buyer is obliged to send the Product to the Seller within at least 24 hours. Buyer and Seller accept, declare and undertake that Shopier and Company have no obligation in this matter and they will not have any claims from Shopier and Company.
All Members accept and acknowledge that the information stated in Shopier (name, surname, telephone, ID number, address, e-mail, bank account information) is correct and belong to them. If Shopier determines that this information is not accurate, it may cancel the transaction, sale, membership or impose other sanctions that deems appropriate without giving any notice.
Shopier and the Company may temporarily or permanently suspend or limit the membership without giving any notice or reason at any time or unilaterally terminate the Membership Agreement at any time. In the event that the membership is terminated or suspended and the Member has receivables from the Company, the Company may retain the Member’s receivables for 60 (sixty) days with the intention of deducting it from a possible loss.
If the Buyer requests the return of the Product for a faulty, unauthorized or suspicious transaction and requests refund and if the Company, its third party business partners and / or the Payment Service Provider reimburse or compensate the Buyer in any way or if it is subject to administrative sanctions before the relevant administrative bodies, then the Seller shall be liable against the Company, its third party business partners and / or the Payment Service Provider for all loss and damages that they have suffered and in this case, the Seller shall pay, all damages and loss together with secondary claims following the Company’s initial request. The Company reserves the right to deduct the amounts to be paid by the Seller from the payments to be made to the Seller.
The Membership Agreement terminates automatically if the Services are terminated. However, the Company is entitled to change its business area, commercial partnership and domain name, or to carry out the same activity through another domain name and these changes will have no effect on the Membership Contract.
Changes made to the Products by the Members are not the responsibility of Shopier. The Member is solely responsible for any and all liability for any infringement of intellectual and industrial property right that may be caused by these changes, for any damages that third persons may suffer from these violations and for any legal or criminal liability that may arise.
Member accepts, declares and undertakes that the liability arising out of all kinds of business and transactions that he / she has done in Shopier will be borne by the Member, that he / she will not bring any defense and / or objection claiming that he / she has not performed the relevant transaction and / or cannot abstain from performing his / her obligations on the grounds of said defense and / or objection.
The Company may file a complaint against the Member to the Public Prosecutor’s Office and to relevant inspection and regulatory bodies for the necessary legal action without giving prior notice to the Member (especially, but not exclusively, in the case of stolen, fake, illegal and / or counterfeit product sales). Member agrees and undertakes not to hold the Company in any way liable for damages in connection with the sale of the forbidden or illegal Products as a result of the complaints and / or information provided by the Company, and not to claim damages from the Company.
Members are obliged to send the VAT invoice for the sale to the Buyer. The Company issues invoice only for the income that it earns for the services provided to the Members. In this context, if the members demand that invoices for the services provided to them be sent to their address, they shall inform Shopier of such request and invoice details. The invoices issued for these Members are sent by mail in the first week of the following month.
5. MEMBERSHIP PROFILES
Members are obliged to create a profile page of their own to sell their products. In the creation of this profile page, Members shall enter their relevant information (name, surname, phone, ID number, address, e-mail, bank account information etc.). Some of the information provided by the members is required for use in the Services and will not appear on the profile page. The Company reserves the right to change any part of the Shopier, including the profile page, without giving any prior notice, at any time.
Members accept, declare and undertake that the information they provide, whether can be seen in the profile page or not, is accurate and complete. Shopier and / or Company cannot be held liable for any damages arising from the lack of information.
Members may not, under any reason, use any method to manipulate the profile pages of themselves or other Members. Members accept that they will indemnify the Company for all damages arising out of their such behavior and that the Company has the right to terminate the Membership Agreement unilaterally and to terminate the membership without giving any notice.
Members cannot assign profiles created for them to any other person under any conditions or allow other persons use their profiles. The members acknowledge and declare that the Company has the right to terminate the Membership Agreement unilaterally and to terminate the membership in case the profile is assigned to a third person or a third person use the profile created for the members themselves.
Each Member uses Shopier with an active e-mail address, and each e-mail address can be used for one membership only. Everyone who is a member is obliged to protect his or her user name and password. Shopier and / or Company are not responsible for any faulty behavior that may occur. Members agree to notify Shopier immediately of any unauthorized use of their account or passwords or other security violations. Members may be held liable for damages incurred by the Company and / or Visitors due to the use of another person’s Shopier profile, password or account as a result of the account information could not be held confidential and secure.
Members acknowledge, declare and undertake in advance that the Product photographs or profile photographs posted on their profiles belong to them, are real and in line with the social ethic rules. In the event of breach of this provision, the Company shall also terminate the membership of the relevant Member without giving any notice.
6. RULES ON SALES
Members will create a page at the Shopier that contains the product’s relevant information and will share the URL of that page on platforms outside Shopier in order to Products offered for sale on platforms outside Shopier to be purchased by Buyers with credit cards and / or other payment methods that the Company will determine. Members agree in advance that if this URL is not shared on platforms outside of Shopier, Buyers may not be able to access that Product on Shopier. This is why it is essential for members to share the URL for the page they create in Shopier also on other platforms.
Members can offer Product for sales at the Shopier in the designated sections and in accordance with the rules. Members shall accept and undertake in advance that they shall be obliged to pay the fee requested to make the sale at the Shopier, in case any fee is charged for this service.
The Member accepts, acknowledges and undertakes that he / she will not provide any content against any regulation including but not limited to the consumer’s protection, intellectual property, unfair competition, advertisements and customs issues and that there are no images, pictures, videos, etc. in his / her content that are contrary to these regulations.
Member accepts, acknowledges and undertakes that he / she will not perform any unlawful acts such as defamation, slander, commercial defamation, threatening or harassment in the Content, that he / she he will not engage in any attempts or actions to disrupt the Shopier infrastructure in any way, that he / she will ensure that Products are not on the list of Forbidden Products, and do not include pornographic texts and images.
Seller agrees and undertakes that he / she has an absolute right and the authority over the Products that it offers for sale and that there is no legal or practical obstacle to the sale of the said products or services by him / her. Seller agrees and undertakes that all products and services offered for sale are in compliance with all applicable legislation. Seller agrees that all legal responsibility for the products and services offered by the seller is borne by him / her and that the Company has no direct or indirect relationship with himself / herself in the supply and sale of the Products. It is forbidden to add Products over which the Member does not have the absolute right and authority to engage in all kinds of legal transactions without controversy to the Shopier as Content in any manner. In the event that such contents are offered for sale, promoted or advertised by the Member at Shopier and such situation is detected, then Shopier reserves the right to suspend publication of all Content related to the supply of the relevant Product and / or to terminate the membership of the Member who offers the forbidden product and to terminate this Membership Contract without giving any notice.
The Buyer makes the Products belongs to the Seller at Shopier through the Shopier with the infrastructure provided by the Company. The Buyer’s purchase request means that the Buyer has accepted the conditions set out by the Seller for the Product, on Shopier or the platforms other than Shopier, and that a sale contract has been established between the Buyer and the Seller for the purchase of a Product. Buyer accepts and undertakes to purchase the Product related to this purchase request.
Seller agrees and undertakes in advance that he / she will be liable that he / she will act in line with the Listing Rules when offering the Product for sale, that the listed Product is current, legal and in conformity with the Listing Rules, and that he / she will not act against this obligation.
The Seller accepts and acknowledges that the sale price paid by the Buyer shall be transferred to the bank account given in the membership information after the Service Fee is deducted, that Shopier will not be liable under any circumstances for this bank account to be blocked for any reason, taken by the bank on a black list, or could not be transferred to the bank account for a similar reason, that he / she will transfer the amount remaining from the sales price after deducting the Service Fee to a bank account notified by the Seller to Shopier and only within the territory of the Republic of Turkey, that any costs arising out of the transfer and requested by the banks and other third parties shall be deducted from the sales price and then transferred to the Seller, that the Company shall not be obliged to pay the Service Fee to the Buyer or the Seller even in case of any dispute between the Buyer and Seller, that Shopier will not make any transactions or disposition on the part of the money of the Buyer or Seller on behalf of the Company. In this context, the terms relating to the Service Fee are as specified on the Service Fee Terms page.
If the Product purchased by the Buyer is returned for any reason, the responsibility for returning the Product’s price to the Buyer is solely and exclusively on Seller and the Company is not obligated to return the collected Service Fee. The obligation to undertake the collected Service Fee is on the Seller in any case.
Shopier is not obliged to regulate, maintain, establish or otherwise form a relationship or be referee between Buyer and Seller for whatever reason. Buyer and Seller are personally responsible for the sales relationship between them and accept and declare in advance that Shopier has no responsibility for this matter.
The Seller accepts, acknowledges and undertakes that he / she is liable for any legal, commercial and administrative request which may arise from the production, reproduction, sale, distribution, or any act of any sale of the Products that is against any regulation in force and he / she is obliged to defend the Company before all kinds of judicial, commercial and administrative authorities against the requests directed to Shopier in this respect.
The Seller accepts that he / she will send and deliver the Product in due time and in accordance with the qualifications set forth in the sales offer, that the sale of the Product to the Buyer, transfer of ownership and its related rights belong exclusively him / her. In this context, the Seller acknowledges that Shopier and the Company have no obligation related to the delivery of the Product, if there are Buyers who request such thing, Shopier will direct these Buyers to him / her.
Shopier may request additional information and documents from the Buyer and Seller to transfer the price paid for the relevant transaction to the Seller in case any objection is raised for the conducted transaction and / or the payment service provider accepts the objection made against the relevant transaction and so the objection is finalized or the transaction is a suspicious transaction or the Shopier has received more than one complaint from the Buyers regarding the Seller’s transactions or the Buyer and / or Shopier cannot reach the Seller regarding the suspicious transactions or it is detected that products or services in the Forbidden Products List are offered for sale or the said transaction is above the average of the general transaction amount of the Member or there is any doubt as to the validity and legitimacy of the transaction. Payment may be hold until such additional information and documents completed and / or doubts on the payment made by the Buyer removed. In this context, Shopier may block the payment made by the Buyer until the doubt is removed. The right to reach a decision in this issue belongs solely and exclusively to the Company and the specified transaction is used solely to ensure the security of Buyers and Sellers.
Members are obliged under no circumstances to damage the Company and Shopier in any way whatsoever including, but not limited to, loss of profit, and no damage to the reputation of the Company and Shopier. In this context, the Seller agrees and undertakes to act in accordance with all the terms and conditions set forth in Shopier. Sellers will pay maximum attention to Buyer’s satisfaction; that they shall be obliged to carry out their relations with the Buyers in the frame of respect and in this respect shall not use any expressions in any way whatsoever to the Buyers, and shall refrain from any acts of derogatory, to respond to Buyers’ requests and inquiries within the same day at the earliest, and to send to Shopier all communication records with Buyers, if requested by Shopier; they assume that the contact information they give to Shopier is correct and that they are obliged to be available within the working hours from the phone numbers they register with Shopier. In the event of breach of the obligation specified in this item, in addition to the immediate right to terminate the membership of the Shopier member, if Shopier pays the Buyer in the event of any compensation, including but not limited to, Shopier reserves the right to collect from the Seller and / or to deduct from the Seller’s receivables.
7. PROHIBITIONS AND LIABILITY
Members agree and undertake to use the Services in accordance with the law and applicable legislation. Members are personally responsible for all legal and criminal liability in the course of their actions when using the Services.
Members accept that they will not reproduce, copy, distribute, process the Content and if they do so the Member, who add Content to the Shopier that excess or violate the Limitations directly or indirectly with Shopier and / or Company, is personally liable for any legal or criminal penalties imposed by the State, judicial authorities or third-party entities. In this context, Shopier and the Company do not have any legal or contractual responsibility for the Content in question.
The Company cannot be held responsible for errors or omissions in the communication of Shopier due to technical problems.
Shopier is not responsible for the behavior of any Member online or offline. The Company has no liability for loss, damage, death or any other consequences arising from the use of Shopier, any online or offline communication and interaction between Visitors. The Company reserves the right to demand compensation for any damages that the Company may incur due to such actions for any reason.
Members cannot publish Content constitute criminal offense and requires legal proceedings in the use of Shopier and create or encourage situations against local and national law or international agreements, all kind of illegal, insulting or threatening, offensive, defamatory, incendiary, pornographic, offensive or immoral content. In this regard, the list of Forbidden Products constitutes the basis. Members cannot post or forward any information, software or other material that violates the confidentiality or broadcasting rights of any other person, that is protected by copyright, trademark rights or other proprietary rights or that is adapted from materials from the described categories without the permission of the owner or the person holding the rights thereof. In the event of the finding of a breach of this provision, Shopier may terminate the membership of the Member immediately and without giving any notice.
The Company reserves the right to apply for legal remedies in case unsolicited commercial or advertising messages are sent to the members or their e-mail addresses, the Members are directed to another website for this purpose, and interactive areas that are already available at Shopier or will be available in the future, are used unauthorized.
Member who uploads or submits the said Content exclusively liable for the sent and / or uploaded Content. Shopier undertakes no responsibility for the Content submitted and / or uploaded by Members. Members accept that Shopier and / or the Company do not track the Content, however, they reserve the right to review or remove any Content including but not limited to violates these rules or is otherwise harmful for any reason on its own initiative.
The Company has no obligation to respond to any request or question.
All rights of the materials to be found in the Shopier, including all written, visual, audio, graphic and / or non-graphic tables are reserved. The publication and / or marketing of these materials on personal pages by copying is strictly prohibited.
The Members shall grant an indefinite and assignable right for all Content they publish in the Shopier to be published in other platforms for various purposes and in various forms and in order to transfer the relevant Content to any form, medium or technology without needing to make any additional payment. It shall be clearly stated that within the scope of this Article the Company does not claim any rights on the Products uploaded by the members, it is only informing about the rights of the images of the Products to be published in Shopier or in various circles.
8. VALIDITY AND AMENDMENT
The law of the Republic of Turkey shall be applied in case of disputes between the Company and the Member and the place of settlement of disputes shall be the Istanbul (Central) Courts and Execution Offices.
This Membership Agreement, all texts published in the Shopier in connection with the Services all of the policy documents consisting of all the conditions, published documents and annexes reported in declarations such as warnings, texts and explanations which is considered to be an integral part of this Membership Agreement has mutually accepted and entered into force with the approval of the Member electronically.
The Company reserves the right, at any time, to amend and publish any new or revised version of the provisions contained in this Membership Agreement or its annexes, in whole or in part. In this context, all published texts will be effective from the date of publication for Members.
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