This agreement is made between SIFIRGIBI MAKINE SANAYI VE TICARET LIMITED SIRKETI, operating on the website www.sifirgibimakina.com, and the member who has registered as a member on the website and mobile application named www.sifirgibimakina.com at their own discretion. By becoming a member of the Site, the Member agrees, represents, and undertakes that they have read, understood, and accepted all the provisions of this "Agreement."
In this membership agreement, sifirgibimakina.com and the Member will be referred to separately as "Party," and together as "Parties."
The following terms are defined in this agreement:
Sifirgibimakine.com: SIFIRGIBI MAKINE SANAYI VE TICARET LTD. ŞTİ.
Member: The individual or legal entity who is a member of the site
Site: The web site that is published under the domain name www.Sifirgibimakine.com
PRODUCT: Any type of MACHINE offered for sale by Sifirgibimakine.com on the Site;
Auction : Products being offered for sale at a starting price with a countdown timer, and when the timer reaches zero, the highest bid that surpasses the opening price, as approved by sifirgibi.com, and the winning bid will have the right to purchase the product through the auction system with incremental bidding.
Minimum Price System: An option within the auction system where each product has a predetermined minimum selling price, and if the bids received in the auction surpass that minimum price, and the seller approves the sale within the specified time on the site, the product will be made available for sale.
Buy Now: Products being offered for sale at a starting price with a countdown timer, and any member who offers the first bid at the specified price at any point during the time frame, will have the right to purchase the product through the buy now system.
Automatic Bid: A system that allows members to enter their maximum bid amount for the products available for sale on the site, through the "Automatic Bid" field on the bidding screen, and incrementally increase their bid up to the member's specified bid limit.
3. SUBJECT of CONTRAT
The subject of this agreement is the procedures and principles for the sale of products through online auctions or immediate purchase on the website www.Sifirgibimakine.com by SIFIRGIBI MAKINE SANAYI VE TICARET LIMITED SIRKETI, as well as the determination of the mutual rights and obligations of the parties. This agreement shall apply to all auctions and/or immediate purchase transactions on the website in which the Member participates or will participate.
4. SIFIRGİBİ'S RIGHTS AND OBLIGATIONS
4.1. Sifirgibi shall take reasonable security measures to prevent the loss, misuse, and alteration of personal identification, address, and communication information under its control. However, Sifirgibimakine.com does not guarantee the security of such information. The information and data provided by the Member to the Site shall not be considered as confidential.
4.2. Sifirgibimakine.com may monitor and record any activity of the Member on the Site for security reasons and may take any necessary measures such as banning, freezing, or canceling membership if deemed necessary.
4.3. Sifirgibimakine.com may change the format and content of the Site, in whole or in part, at any time and without notice, and may change, use different sub-domains, redirect, or close the domain name that the Site publishes.
4.4. Sifirgibimakine.com may change the scope and variety of services provided on the Site, in whole or in part, at any time and without notice, and may suspend, terminate, or cancel services completely.
4.5. Sifirgibi.com may make changes and/or updates to the terms of service, auction and/or buy-now conditions and operations at any time for the purpose of providing the services and operations specified in this agreement more effectively. The Member acknowledges and agrees to abide by these changes.
4.6. This agreement shall not create any commitment on the part of Sifirgibi.com with regard to the number and type of products to be auctioned or sold through the buy-now system, the duration of the auction, or similar matters. The Member shall not have any claim or right against Sifirgibi.com for any reason.
5. MEMBER'S RIGHTS and RESPONSIBILITIES
5.1. Membership is completed by the registration process carried out by the person who wants to become a member in accordance with the membership procedures specified on the Site. By becoming a member, the member accepts all the statements made by Sifirgibimakine.com regarding the terms of this agreement, membership and services, and auction or immediate purchase conditions.
5.2. The member acknowledges that the identity, address and contact information provided during the membership process are complete and accurate and that any changes to these information will be immediately notified to Sifirgibimakine.com. The member acknowledges that any legal disputes and damages arising from incomplete, outdated or incorrect information will be solely the responsibility of the member and that Sifirgibimakine.com will not be held liable for any reason.
5.3. The member undertakes to act in accordance with the laws of the Republic of Turkey and general moral rules while using the services provided on the Site, not to engage in actions such as insult, threat, slander, harassment, not to engage in political or ideological propaganda, not to engage in actions that will disturb other members, to avoid any actions that may tarnish the reputation of individuals or institutions, and to avoid any actions that may cause interruption or termination of the services provided on the Site. Otherwise, the member will be fully liable for any damages incurred.
5.4. The member undertakes not to violate the intellectual property rights of third parties, to respect the copyright of third parties, not to engage in unfair competition, and to respect the commercial secrets and private lives of third parties.
5.5. The member undertakes to use a password that cannot be easily guessed by others when using the Site, not to share the user name, password, etc. information with others and to be solely responsible for the security of this information, not to hold Sifirgibimakine.com liable in any way, and to comply with the terms of this agreement and all other rules and procedures announced by Sifirgibimakine.com.
5.6. The Member shall not make offers in conjunction with other members, shall not participate in auctions in consultation with other members, shall not use special programs and software to follow or make offers on the Site, shall not misuse the auctions on the Site in any other way, shall not engage in fraudulent behavior, shall not interfere with the security mechanism of the Site, and shall be liable for any damages that may occur and undertake to compensate all damages that Sifirgibimakine.com and third parties may incur.
5.7. The member agrees to only use their own account, not to use other members' account information, and not to allow others to use their account, otherwise the membership will be canceled by Sifirgibimakine.com if detected, and the member will be responsible for any damages and will compensate for any lost/occurred damages.
5.8. The member agrees not to send any harmful programs, software, code, or similar materials to the site, and to avoid any actions that threaten the safety of the site and its members.
5.9. The member agrees not to restrict or obstruct the use of the site by others or interfere with the operation of the servers or networks used to make the site available.
5.10. Sifirgibimakine.com shall not be liable for any damages arising directly or indirectly from access to and use of the site, including without limitation, damages caused by computer viruses or other harmful components or from the loss or damage of data resulting from information obtained from the site.
5.11. The member agrees not to use any device, software, or product to interfere with or attempt to interfere with the proper working of the site, not to connect to the site without authorization, not to perform any actions, not to access or use the software and data of other members or internet users without permission or not to use them.
5.12. There may be links to other websites that are owned and operated by third parties, independent of Sifirgibimakine.com. Sifirgibimakine.com does not endorse or guarantee the accuracy of the information contained on such sites and shall not be responsible for any services or products offered or the contents of such sites.
6. AUCTION and IMMEDIATE PURCHASE
6.1. Only members who have legally binding this agreement by joining the site and comply with the conditions specified in the agreement can participate in the auction and/or immediate purchase process, subject to providing the collateral specified in the agreement. 18 years of age and being of legal age are required for membership and participation.
6.2. Products that will be sold through auction or immediate purchase on the Site are the products of customers who request their sale on the Site through Sıfırgibi.com, in their own property or through a properly authorized agent who acts on behalf of Sifirgibimakine.com. Products will be sold on the Site individually. Offers for auction or immediate purchase cannot be made before the day and time of the auction announced by Sifirgibimakine.com.
6.3. Sıfırgibi.com is free to make or not make the auction or immediate purchase sale. The auction or immediate purchase announcement may be canceled by Sifirgibimakine.com without any prior notice or reason and without any obligation to inform the Member, and no claim can be made by the Members against sıfırgibi.com as a result of such cancellation.
6.4. Sifirgibimakine.com shall not be liable for any internet connection and connection speeds, communication issues, technical problems, infrastructure and internet failures, power outages, and other similar disruptions that may occur in mobile applications, and the Member shall not make any objections or demands.
6.5. Products will be available for inspection by the Members within the working hours of Sifirgibimakine.com, at the addresses announced by Sifirgibimakine.com on the Site, starting from the moment they are published on the Site for auction or immediate purchase and during the duration of the auction or immediate purchase announcement. By making an offer for a product, the Member is deemed to have accepted the product's condition, features and specifications, and any deficiencies and defects in the product, if any, that are stated in the expert report and/or the information provided on the Site.
6.6.1 The control forms and/or expert information and photos of the products are available on the site, and it is considered that the member has participated in the auction or immediate-buy process by thoroughly examining the product (machine) in its current, running and existing conditions with these information. The products are put up for sale in accordance with the control form and/or expert report, as is, with their current factual and legal status; that is, the member acknowledges that Sifirgibimakine.com can show the conditions that can be seen by examination of the machines exhibited on the site and therefore Sıfırgibi.com has no undertaking in terms of hidden or undetectable damages of the products. The member accepts, declares and undertakes that he will not make any objections, complaints, cancellations, compensations and/or any requests to Sifirgibimakine.com regarding the product due to deficiencies, faults, etc. The member is obliged to notify Sifirgibimakine.com of important faults and defects within maximum 7 days. Sifirgibimakine.com is not responsible for faults/problems that are not notified/reached in written form within this period. After the notifications to Sifirgibimakine.com are reached, the report of an independent and expert person/team will be obtained by mutual agreement of the parties, in order to determine whether the claim is true. If the claim of the member is proved by the expert report and the product is returned in accordance with its current status when it was sold, the product will be returned by Sifirgibimakine.com and the sales price paid by the member will be returned to him. Sifirgibimakine.com can not be held responsible for any claim or right under any other name, including interest, in return. The costs arising from the return will be borne by Sifirgibimakine.com.
6.6.2 The products purchased by the Member shall be subject to the manufacturer and importer warranty as specified in Article 56 of the Consumer Protection Law numbered 6502, and any repair and replacement of parts within the scope of the warranty shall be carried out by authorized service centers or private service providers. However, Sıfırgibi.com shall not give any warranty on the sold product in any form. By expressing interest in the product, the Member shall be deemed to have accepted and acknowledged that they have inspected the product and accepted it as is.
6.7. Bids in the auction will be made in multiples of 100 TL, with a minimum bid of 200 TL. In the event of multiple bids at the same amount, the first bid placed by the member will be considered valid.
6.8. Participation in the auction or making a request to purchase through the 'Buy Now' option indicates the member's intent to purchase the subject product/products, and the member is bound by the bid or request and it cannot be withdrawn.
6.9. The member is bound by the amount submitted through the Automatic Bid system. The Automatic Bid system operates for the benefit of the members and increases their bids incrementally up to the maximum amount submitted. Therefore, the member is responsible for all bids submitted, including the maximum amount and any lower amounts submitted through the Automatic Bid system, and the member agrees to this without reservation. In this Agreement, Automatic Bid has the same results as manual bid and the member does not have the right to cancel according to Article 6.14. Automatic Bid is an optional opportunity offered to the member and the member has the right not to use it. The Automatic Bid system does not allow members to submit bids at the same amount, so all Automatic Bids entered must be at different amounts. The member cannot specify an Automatic Bid that is the same as or lower than an Automatic Bid already entered by another member.
6.10. All auction and immediate purchase sales will end with the expiration of the announced period. Upon the end of the auction period, the product will be sold to the highest bidder who has exceeded the opening price set by Sifirgibimakine.com and approved by Sifirgibimakine.com, provided that the product does not exceed the opening price. The product will not be sold if the opening price is not exceeded. In the case of Minimum Price System, whether the product will be put up for sale or not will be at the discretion of Sıfırgibi.com if the minimum price for the product is not found. The prices stated are VAT-inclusive cash sale prices. In the case of immediate purchase, the products will be offered for sale at the "immediate purchase sale price" and with a countdown timer and will be sold to the first offer at the price determined by SIFIR GİBİ at any time. The prices stated are VAT-inclusive cash sale prices.
6.13. Even if the auction is concluded, the finalization of the auction result is always subject to the approval of Sıfırgibi.com. The winner of the auction will be determined by Sifirgibimakine.com based on the Sifirgibimakine.com database records. The result of the auction will be notified to the winning Member by e-mail. If the approval e-mail is not sent, the auction will be deemed unapproved and the Member will not be able to purchase the product. By sending the notification to the e-mail account specified by the Member during the membership process, it is deemed that the notification has reached the Member. The Member cannot object to this. For the product purchased by the Member via immediate purchase, a notification will be sent by e-mail and an approval e-mail will be sent. If the approval e-mail is not sent, the immediate purchase will be deemed unapproved and the Member will not be able to purchase the product. By sending the notification to the e-mail account specified by the Member during the membership process, it is deemed that the notification has reached the Member. The Member cannot object to this.
6.14. In the event that the Member wins the auction or purchases the product through the "buy now" option and the auction or "buy now" transaction is approved by Sifirgibimakine.com, the deposit amount will be deposited into the Sifirgibimakine.com account without any notice from the Member. The Member is obligated to pay the full remaining sale amount, the sale transaction service fee, to any of the bank accounts specified by SIFIR GİBİ within 2 business days following the completion of the auction or "buy now" transaction.
All costs and fees related to the delivery of the product shall be the responsibility of the Member. In the case of products that are located on third parties being put up for auction, the seller, by signing the "Consignment Purchase Agreement" with Sifirgibimakine.com, specifically authorizes Sifirgibimakine.com to collect the amounts related to the product from the buyer Member on his own name and account. The buying Member shall be considered to have fulfilled the payment obligation under the sales contract by making the payment to Sifirgibimakine.com as the representative of the seller.
7.1. To participate in an auction or purchase a product through the "immediate buy" option, a deposit must be made, the amount of which will be determined by Sifirgibimakine.com and announced on the website for each auction or "immediate buy" transaction. This deposit will be given by blocking the credit card of the member (through provision). The member is responsible for carrying out the necessary procedures. If the member purchases the product, he will pay the product price and provision fee to the account of Sifirgibimakine.com, and the block on the credit card will be lifted. If the product price and/or provision fee is not transferred to the account, the member will be sent an invoice for the cancellation fee, which will be collected from the credit card.
7.2. If the member does not participate in the auction or does not win the right to purchase the product in the auction or does not purchase the product through the "immediate buy" option, Sifirgibimakine.com will notify the relevant bank within 10 business days from the completion of the auction to lift the current block on the credit card. If the member wishes to cancel the provision during this period, he can submit his request through the website. The removal of the block is the responsibility of the bank and the time may vary according to the bank's practices. The member cannot claim any rights from Sifirgibi.com for this reason.
7.3. After the completion of the auction or the immediate purchase process, in the event that the Member wins the auction or purchases the product through the immediate purchase method and the auction or immediate purchase process is approved by Sifirgibimakine.com, the deposit amount will be collected as a service fee without any notice by Sifirgibimakine.com. The Member accepts this in advance. In the Minimum Price System, if the offer exceeds the minimum price or if the offer below the minimum price is accepted by the product owner customer and the sale is approved, the MEMBER will be responsible for the offer made and, if he/she decides not to purchase the product, he/she will be obligated to pay the relevant cancellation fee to Sıfırgibi.com. The MEMBER will not be held responsible for only one cancellation fee for the completed product sales transaction on the same day in the auctions on the Site. In case of cancellation from multiple transactions, other cancellation fees will be collected from the MEMBER. In addition, in the case where the MEMBER has multiple cancellation transactions for a specific product in different auctions, Sıfırgibi.com has the right to collect cancellation fee which is 2 times the previously collected cancellation fee from the MEMBER. The MEMBER accepts and declares this without recourse.
7.4. In the event that the Member withdraws from purchasing the product or fails to fulfill their obligations after the completion of the auction or immediate purchase process, Sifirgibimakine.com is authorized to cancel the auction or immediate purchase process and retain the deposit without any notice or warning. If Sifirgibimakine.com decides to withdraw from selling the product or fails to fulfill its obligations after the completion of the auction or immediate purchase process, the auction or immediate purchase process will be considered canceled and Sifirgibimakine.com will impose a penalty equal to the deposit amount announced on the site and given by the Member for the auction or immediate purchase process in question.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The presentation and all content of the Site are protected by Turkish law and intellectual property laws, and all commercial trademarks, logos, and service marks, as well as all information and data published on the Site, belong to Sifirgibimakine.com and/or its licensors. The Member shall not distribute, transmit, modify, copy, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without the prior written consent of Sifirgibimakine.com. In case of non-compliance, the Member shall be liable to pay any damages incurred by Sifirgibimakine.com and its licensors, as well as any damages incurred by third parties.
8.2. Sifirgibimakine.com holds all rights, including but not limited to, all intellectual and industrial property rights, over the Site services, information, copyrighted works, trademarks, commercial appearance and all material and intellectual property rights related to the Site.
8.3. All texts, graphics, images and all other pictures on the Site are protected by copyright and cannot be used without permission.
8.4. Unauthorized use of the Site content, design and software, including but not limited to, unauthorized reproduction, dissemination, display and representation, will constitute a violation of intellectual and industrial property rights.
8.5. Members agree to comply with all provisions of the Turkish Code of Obligations, Turkish Criminal Code, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree Law on Trademarks and any other legislation in effect and/or to be in effect in the future regarding the use of the Site. Any use that contravenes the aforementioned laws will be considered a violation of rights and Sifirgibimakine.com reserves the right to take legal action against the Member.
9.1. The Member acknowledges that there may be deficiencies, communication issues, technical problems, infrastructure and internet failures, power outages, cyber attacks, connection speed, server, database problems and/or other problems on the information and services provided/published on the Site, and that in case of such problems/failures and/or if it is determined that the Member has acted contrary to any of the obligations specified in this Agreement, Sifirgibimakine.com may, without any notice and without stating any reasons, stop, terminate or cancel the auction or buy now process or not approve the result of the auction or buy now process before, during or after the auction or buy now process. The Member cannot claim any rights or payment from Sifirgibimakine.com for these reasons.
9.2. The approval of the result of the auction or buy now process by Sifirgibimakine.com does not eliminate the Member's responsibility for any violations that may be detected later. Therefore, Sifirgibimakine.com is entitled to claim the damages it suffered from the Member.
9.3. Sifirgibimakine.com shall not be liable for any direct or indirect damages arising from the use of any product or service on the Site by the Member. The Member acknowledges that he/she is personally responsible for any damage and loss that may occur as a result of using the service or the site.
10. FORCE MAJEURE
Natural disasters, rebellion, war, strikes, communication issues, technical problems, infrastructure and internet failures, power outages, cyber attacks, connection speed, server, database issues, and adverse weather conditions, among others, that are beyond the reasonable control of Sıfırgibi.com and despite showing the necessary care, are considered "Force Majeure" events. In such cases, Sıfırgibi.com has the right to not fulfill or partially fulfill any of the obligations established in this agreement. During this Force Majeure period, Sıfırgibi.com's obligations will be suspended. Sıfırgibi.com will not be held liable for delay, insufficient performance, or non-performance during these events, and no compensation can be claimed from Sıfırgibi.com under any circumstances. If the Force Majeure situation lasts for more than 7 days, Sıfırgibi.com has the right to terminate this agreement without notice or compensation.
11. CHANGES TO THE AGREEMENT
Sıfırgibi.com has the right to make changes to this agreement in order to make the transactions and operations specified in the agreement more effective and also due to any changes made to the services provided. Sıfırgibi.com can make these changes without notice or explanation, and the Member is considered to have accepted these changes from the moment they are published on the Site. The Member accepts this provision without reservation.
12. TERM OF AGREEMENT, TERMINATION, AND CANCELLATION OF MEMBERSHIP
12.1. This agreement will come into effect from the moment it is approved on the Site, and will automatically expire upon Sıfırgibi.com canceling the Member's membership and/or terminating the services provided on the Site, without further notice.
12.2. Either party may terminate this agreement at any time without cause, by providing written notice to the other party with a minimum of 3 days prior notice. In such event, the other party shall not have any claims, rights, losses, damages, compensation or any other payment under any title or reason, on the grounds that the termination is unjust, unfounded, unjustified, without merit and out of good faith or any other reason or excuse. However, in the case that the Member has the right to purchase a product under the ongoing auction or immediate purchase process before the termination date, the parties' obligations arising from this contract regarding that product will continue.
12.3. If the Member breaches any of the obligations arising from this agreement, partially or completely, Sıfırgibi.com has the right to terminate this agreement unilaterally without notice and without stating any reason, and cancel the Member's membership and freeze or cancel the services, offers, auctions or immediate purchase processes the Member is taking or will take from the Site. Therefore, in the event of termination, the Member shall not have any claims or demands from Sıfırgibi.com. Sıfırgibi.com shall have the right to demand compensation for any damages.
The Member shall keep confidential and shall not disclose to any third party, without the prior written consent of Sıfırgibi.com, any information of commercial, financial, legal or technical nature, whether or not legally protected as trade secret, that he may have directly or indirectly obtained during the execution of this Agreement with respect to Sıfırgibi.com. In case of non-compliance, the Member shall be liable for any damages incurred by Sıfırgibi.com. Also, Sıfırgibi.com may collect the Member's identity, address, communication, IP, and site usage information in a database for all legal purposes, including but not limited to user profile and market research, sales and site usage statistics, and use such information without any restriction. Sıfırgibi.com may also share such information with insurance companies, banks, and other third parties as required for the provision of services on the Site, compliance with legal requirements, or protection of users' rights and security.
The parties acknowledge and undertake that the addresses they have indicated during the membership process are their legal notification addresses, and that notifications made to these addresses will legally constitute notification with all legal consequences, if the address change is not notified to the other party in writing. The member agrees that all notifications, such as changes to the contract and services, results of auction and immediate purchase, approvals, cancellations of membership/auction, termination of this contract, etc. will be made to the e-mail address indicated during the membership process, and that any notifications made by e-mail will be considered to have been notified by Sıfırgibi.com as of the moment they are sent, regardless of whether they reach the member or not, and will have legal consequences. Sıfırgibi.com will not be responsible for any delay or non-delivery of notifications. The member cannot use electronic mail or fax in the correspondence with Sıfırgibi.com.
15. JURISDICTION AND EVIDENCE AGREEMENT
15.1. In the resolution of problems arising from the implementation of this agreement, Turkish Law will be applied and the Istanbul Anatolian Courts and Execution Offices will have jurisdiction.
15.2. The Member accepts that any documents, records, books, computer and internet-based information, writing, and records of Sıfırgibi.com will constitute exclusive and definitive evidence and will be binding, and that this article is a evidence agreement within the scope of the HMK.193.
16.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions of the Agreement will remain in effect.
16.2. Sıfırgibi.com's failure to exercise or delay in exercising any right or power under this Agreement shall not operate as a waiver of that right or power. The exercise of any right or power under this Agreement shall not prevent the exercise of any other right or power.
16.3. The Member declares that they have read and understood all the rules and regulations on the site and accept them. Member declares that they accept the provisions in the agreement that may be detrimental to their own interests with the knowledge and understanding of the results.
16.4. The Member cannot transfer or assign any rights, claims, and obligations arising from this agreement to third parties without the prior written consent of Sıfırgibi.com.