The parties of this agreement are:
1.1 SIFIRGIB MAKINE SANAYI VE TICARET LIMITED COMPANY (referred to as SIFIR GIB in this agreement) Cerkeslıosb nbr. Imes-17 Street, Kucuk Sanayı Sıtesı D- 5 No: 12 Door No: 1 Dılovası/ Kocaelı
1.2- The individual who is a member of the electronic bidding site,…………………
2. SUBJECT AND DEFINITION OF THE AGREEMENT
This agreement concerns the sale of products or machines (Machines) on the www.Sifirgibimakine.com website, which are published in the …. section and the electronic participation in the auctions of these products (machines) by the bid participant member, who makes an electronic entry with or without an E-Signature, by depositing an electronic guarantee. The subject of this agreement is to determine the terms and conditions for the electronic bidding system and the identification of the rights and responsibilities of the parties in connection with the submission of offers by the Member for the goods offered for sale by SIFIR GIBI.
3- RIGHTS AND OBLIGATIONS
3.1- The highest bid for the product (machine) subject to sale in electronic media is taken into consideration as the starting bid price at the date and time specified in the sales announcement by the selling unit, and the auction is opened based on this price. The auction price is fully specified and the stated amount is the lower limit. Bids made in electronic media cannot be less than 100% of the value of the goods or rights to be auctioned.
3.2- Electronic bidding is valid for persons who have paid the deposit amount and have been approved by the seller to participate in the auction, and is valid for sales. The deposit amounts will be determined for each product and will be announced in the announcement.
3.3- In order to be able to submit a bid electronically, the participant who wants to bid must deposit the deposit amount at least 1 hour before the auction time and enter the receipt in the place where their membership information is located on the sifirgibimakine.com address.
3.4- The data entries regarding the sales in the Electronic Bidding System are made by the selling unit via the SIFIR GIBI screens. Participants will first become members by signing the membership agreement. Each member will have the right to access information related to the products sold on the site.
3.5- In order to place a bid in the auction, the deposit amount determined by SIFIR GIBI and displayed on the System page must be deposited by the auction participant into the bank account opened in the amount of ……….TL, at least one hour before the auction.
3.6- The auction participant can receive a refund of the deposit they have made through the Electronic Bidding System until the end of the bidding period, provided that they do not have the highest bid. The deposit of participants who do not receive their deposit during this period will be refunded at the end of the auction. The payment of the person who does not win the auction will be transferred to their account within 5 business days from the end of the auction through the same channel they paid the deposit.
3.7- The auction participant who places a bid through the electronic system is deemed to have accepted the terms and conditions of the auction announcement and specification.
3.8- The auction participant who places a bid through the electronic system is deemed to have seen and accepted the product for sale and the manner in which it is described in the announcement. The buyer has the right to inspect the product at the address specified by SIFIR GIBI before the auction. It will be assumed that the participant who has attended the auction has thoroughly examined the product and its features, and has entered the auction under these conditions.
3.9- In the event that the auction is won by the electronic bidder, the buyer agrees to pay the auction price on the day the auction is completed or within the given period. The auction winner will not be separately notified. The auction winner must complete the full payment within seven (7) business days. If the payment is not completed within this period, the auction participant loses the status of "buyer" and Sıfır gibi can offer the auction item again and the deposit will not be refunded.
3.10- The auction participant acknowledges that, in addition to the auction price, the VAT, stamp duty, registration and delivery expenses of the sold item must be paid by the electronic bidder and the auction participant who won the auction. Until these expenses are paid, the product will not be delivered and the relevant legislation will be followed.
3.11- No transactions related to the sale of the product will be made before the auction is finalized.
3.12- The electronic bidder acknowledges that if the sale is stopped or lowered for any reason, such as withdrawal, court decision, or payment of debt, before the completion of the auction, the proposed bid will be invalid and the deposited collateral can be refunded, and no further claims can be made.
3.13- The electronic bidder agrees that any notifications to be made to them will be sent to their electronically registered address.
4- INTELLECTUAL PROPERTY RIGHTS
All rights of use for the www.sifirgibimakine.com System page for Electronic Bidding belong to SIFIR GIBI. Legal and criminal proceedings will be taken against any individuals or organizations that use the name of this site, publish, transfer or modify the data contained in it, or gain benefit from it without permission.
5- CONTRACTUAL AMENDMENTS
SIFIR GIBI may unilaterally make changes to this agreement and announce them on the System page, based entirely on its own discretion and legal regulations.
6- FORCE MAJEURE
6.1- In all cases considered to be force majeure under the law, SIFIR GIBI is not responsible for late or incomplete performance of any obligations determined by this agreement, or failure to perform them. Compensation cannot be claimed from SIFIR GIBI due to such circumstances and similar situations.
6.2- The term force majeure will be interpreted as events outside the reasonable control of the parties, including but not limited to natural disasters, fire, explosions, riots, mobilization, war, strikes, lockouts, and epidemics, communication problems, infrastructure and internet malfunctions, improvements to the system and resulting malfunctions, and other events that SIFIR GIBI could not prevent despite taking necessary precautions.
7- APPLICABLE LAW AND JURISDICTION
7.1- Turkish Law shall apply to all legal disputes arising from the application and interpretation of this agreement. 7.2- Istanbul Anatolian courts and enforcement offices shall have jurisdiction over all legal disputes arising from the application and interpretation of this agreement.
8- VALIDITY OF SIFIR GIBI RECORDS
The auction participant member agrees that in any disputes arising from this agreement, the electronic records kept in the SIFIR GIBI database and servers will be deemed valid.
9- EFFECTIVE DATE
This agreement shall enter into force mutually upon the electronic approval of the auction participant member.