Welcome to globalpiyasa.com USER AGREEMENT.
This contract contains the necessary rules for you to be able to benefit from the services on our site and use the ZERO RISK SYSTEM.
BY BECOMING A MEMBER OF OUR WEBSİTE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE USER AGREEMENT AND ACCEPT ITS TERMS AND CONDITIONS.
(Date: 01.07.2013)
1.Parties
The Globalpiyasa User Agreement (that will henceforth be referred to as User Agreement) consisting of the contract itself and its annexes is between Globalpiyasa Information Technologies Inc. and the user; and intended to be approved by the user in the same electronic enviroment where the site is located.
By becoming a member of the site, you state that you have read the entire User Agreement, understood the contents of it and accepted all of its terms.
2. Definitions
Globalpiyasa: Globalpiyasa Information Technologies Inc.
User: Any real or legal person who is a member of the site and makes use of the services provided on the site under the conditions specified in the User Agreement.
Buyer: The user who purchases the goods and / or services offered by the seller by using the services provided by the site.
Seller: The user who offers the goods and / or services which he / she legally owns and has the rights and powers to dispose of for sale to other users by using the services provided on the site.
Site: The website consisting of the domain and subdomains linked to the name: www.globalpiyasa.com
Globalpiyasa Services (“Service”): The applications provided by Globalpiyasa on the site in order to enable the users to carry out their work and transactions defined in the User Agreement.
Globalpiyasa can make changes and/or adaptations to its services at any time in order to enable users to more effectively perform business and transactions defined in the User Agreement. The rules and conditions that the users are obliged to comply with regarding these changes and/or adaptations made by Globalpiyasa are announced by Globalpiyasa as a bulletin with explanations regarding the related service.
Zero Risk System: The service provided by Globalpiyasa for the execution of the payment part of the contract between the buyer and the seller under the conditions set forth in the User Agreement.
Secure Account: The pool account at the bank, managed by Globalpiyasa, for the execution of the Zero Risk System service.
Product: Any goods and/or services offered by the seller on the site.
3. Subject and Scope of the Agreement
3.1 The subject of the User Agreement is the determination of the services offered on the site, the conditions for benefiting from these services and the rights and obligations of the parties.
3.2 The scope of the User Agreement is the statements in the User Agreement, its annexes and statements in the site; such as warnings, articles and explanations made by Globalpiyasa in relation to the use, membership and services.
3.3 By agreeing to the terms of the User Agreement, you agree that you shall comply with all the statements made in the site regarding the use, membership, and services as described by Globalpiyasa.
4. Membership and Terms of Service
4.1 Membership is completed from the relevant section of the site by providing the necessary identification information during registration by the person wishing to become a user and Globalpiyasa approving the process. Without the completion of the membership process, one shall not have the right and authority to become the user defined in the User Agreement.
4.2 In order to become a member of the site, one must not be temporarily removed from membership or forbidden from membership indefinitely by Globalpiyasa, pursuant to Article 5.2 of this User Agreement. In accordance with article 5.2 of this User Agreement, completing the registration period shall not result in being a member of the site if the persons are not eighteen years of age or have been temporarily removed from the membership or banned for an indefinite period.
5. Rights and Obligations
5.1 Rights and Obligations of the User
a) In fulfilling the membership procedures, using the services of the site and performing any service related to the services on the site, the user agrees and declares that he/she shall comply with all the terms of the User Agreement, the rules specified in the relevant parts of the site and all applicable legislation.
b) The user agrees that Globalpiyasa shall be authorized to disclose the confidential / private / commercial information to the public authorities and beneficiaries in case of alleged violation of the rights of other users and third parties in accordance with the legislation provisions of the Privacy Policy and there will be no compensation for any reason whatsoever from Globalpiyasa.
c) The user is responsible for the security of the information that is the means of access to the systems used to access the services offered by Globalpiyasa. Globalpiyasa does not have any responsibility whatsoever for any damage suffered by the users due to negligence or fault of themselves regarding the use of their information through secure means.
d) The users accept that the information and contents provided by them within the site is correct and lawful. Globalpiyasa is not responsible for checking the accuracy of the information uploaded, modified, provided on site by users and can not be held responsible for any damage they suffer for using damaging or unlawful information.
e) Users may not assign their rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of Globalpiyasa.
f) The beneficiaries of the services offered by Globalpiyasa may only conduct transactions on the site within lawful range. The legal responsibilities for each action performed on the site by the users belong to them. Each user agrees that they shall not replicate, copy or distribute the pictures, texts, visual and audio files, data, catalogs or lists contained within the site in a way that would infringe the personal rights or assets of Globalpiyasa and / or any other third parties. Globalpiyasa cannot be held responsible in any way for any damage incurred by third parties due to unlawful activities performed by the users on the site.
g) Globalpiyasa, its employees or executives are not responsible for the content published by third parties including the users. Accuracy of the information provided or published by any third party is the responsibility of the persons who perform those actions. Globalpiyasa does not guarantee the security, accuracy or legality of the content provided by third parties including the users.
h) Users are obliged to use the Zero Risk System without prejudice to certain conditions in this User Agreement in the transactions related to the purchase and sale of the products that are offered for sale on the site.
i) The user accepts that in the event of a drawing held by Globalpiyasa on the site, the user information of users who participate may be shared with the persons and institutions related to the campaign and therefore no compensation can be asked of Globalpiyasa.
j) The users accept that they will not transfer funds between the accounts of themselves or their acquaintances on the site and they will not act in a way to manipulate the functioning of Globalpiyasa, otherwise they will be held responsible for any damage Globalpiyasa suffers due to those actions.
k) Users accept that this User Agreement will apply to all kinds of media in which the site operates including mobile environment.
l) Globalpiyasa allows its users to receive publicity and informational messages made by Globalpiyasa in line with their own iniatives. Users acknowledge that they approve Globalpiyasa to send publicity and information messages in every channel in which Globalpiyasa operates. Users have the right to make changes to their settings regarding receiving these messages.
m) Users acknowledge that Globalpiyasa is allowed to store credit card information on their device in encrypted form via its mobile application. The user accepts that Globalpiyasa is not liable for any loss or unauthorized access to the device.
5.1.1. Rights and Obligations of the Buyer
a) By using “Buy Now” or bidding on an auction model determined by the seller, the user is deemed to have accepted the product description and sales conditions and procedures specified by the seller.
b) Buyer accepts that he / she will comply with the rules set forth by Globalpiyasa when bidding or canceling an offer during an auction pricing model.
c) Buyer agrees to transfer the price of the products he / she buys or has the rights to buy using the Zero Risk System to the secure account managed by Globalpiyasa, until the delivery of the product is completed and approved by the buyer. During auction model sales the buyer agrees to make the payment to the safe account within 12 hours of gaining the right to buy the aforementioned products, failing on making the payment within the given time the user is allowed a one-off extra 12 hours, after which he/she loses the right to purchase.
d) The user agrees to receive the product and request Globalpiyasa to transfer the product price to the seller within 3 working days + 24 hours of the seller providing the delivery details on the site. Or in the event of not accepting the product that has been sent to him / her, the buyer agrees to return the product to the seller and request Globalpiyasa to transfer the product price to his / her account. The buyer agrees that in the event of returning a product, he / she will receive the product price that is kept in the safe account only after the seller informs Globalpiyasa that he / she has received the returned product.
e) The user agrees that Globalpiyasa has no obligation to have any information other than the seller provides about a product and to confirm the accuracy of any information used in the definiton of products being sold on site.
f) The buyer agrees that if at any part of trading process the seller refuses to deliver or sell the product or cancel any offers on it, Globalpiyasa cannot be held responsible for it and there can be no compensation demanded from Globalpiyasa for the product or its counterparts.
g) The buyer agrees that the money in the safe account shall be transferred to the account notified by the seller to Globalpiyasa after the service commision including VAT is cut, conditions in the agreement are met and the obligations specified in article 5.1.1 (d) of this agreement are fulfilled and during this period Globalpiyasa has no right to make any transactions on behalf of the buyer with this money.
h) The buyer agrees that Globalpiyasa can use his / her information within the framework of the law numbered 4077 on the protection of consumer rights and distance contracts directive.
i) The Buyer shall not be a party to any dispute arising from the preliminary information form and distance agreement of Globalpiyasa, the sole contractor of the preliminary information form and any claim concerning the distance contract and / or the subject matter of the sale product shall be the seller and Globalpiyasa does not have any legal responsibility for these claims.
j) The buyer agrees that Globalpiyasa is not party to any trade relation between him / her and the seller and has no obligation to any seller, supplier, manufacturer, dealer, agency or advertiser within the scope of law number 4077 on the protection of consumer rights.
5.1.1.1 Order Cancellation and Return Procedures
How can I cancel my order?
First of all you should check your order status from the Order Management page. If your order is not in “On Transport” status you can directly cancel it by clicking “Cancel” button.
What do I need to do if I want to return a product?
You can return your ordered products within 15 days of receiving them. If you demand refunds due to any defect caused by the product, your return period is 30 days. You can also contact seller on our website regarding returns.
We kindly ask that you fill the related “Refund Form” that you can access by clicking the “cancel” button of the corresponding order and send the product back unused, undamaged and all accesories and packaging intact using collect on delivery cargo.
In order for your return to be able to be tracked by the vendor, please indicate the shipping information as correctly as possible in the refund form.
Please keep your shipment code to avoid any problems.
Disposable and fast deteriorating products and products that have an expiration date are not eligible for refund.
Cosmetics and personal care products, underwear, bikinis, books, software, DVD, VCD, CD, casettes and stationery equipment (toner, cartridge, ribbon, etc.) can be refunded if they are undamaged, unopened or unused.
Return price is transferred to your credit card after the product is checked by the seller. It may take several days for you to see the money in your account depending on which bank you are using.
If you have used a discount coupon in your order, it will be redefined to your account after the refund process. The amount of time you have left on that coupon on the date of your purchase will resume as before.
“Return Adress” is the address of the company appearing on the refund form. You can notify Globalpiyasa customer representatives if you have any problems.
5.1.2. Rights and Obligations of Vendors
a) The seller agrees that the products offered for sale on the site are owned by him / her or he / she is authorized to transfer the property without any legal or other obstacles.
b) The seller agrees to comply with the rules put forth by Globalpiyasa regarding the sale process, pricing of products or canceling of offers during an auction like trade process.
c) The seller has the right to sell a product for a pre-determined price through the “Buy Now” option or through an auction-like process. The seller agrees to the fact that the buyer has the right to purchase the product after the price is transferred to the safe account governed by Globalpiyasa.
d) The seller agrees that the buyer, who gives the highest bid for the products offered for sale, is entitled to receive the product without prejudice to the rules regarding the cancellation of the offer. The seller agrees that the buyer is obliged to deposit the product price into the secure account within 12 hours of receiving the product and if the price of the product is not deposited, the buyer shall be given one additional time for an additional 12 hours.
e) If the buyer fails to fulfill his obligations under the terms of the User Agreement and site rules, or if he does not deposit the product price into a secure account, the seller has the right to offer the product to any of the recipients who offer a lower offer without taking additional responsibility or liability against the buyer.
f) The seller accepts that the products offered for sale including the banned products are not contrary to the rules and the conditions related to the use of the services specified in the User Agreement and are in accordance with the applicable legislation.
g) The seller acknowledges that the products exhibited on the site belong to him / herself and that the Globalpiyasa does not have any direct or indirect relationship with the product under any title.
h) The seller agrees that the products offered by him on the site are not banned products, that the sale of the product, the distribution of it, or any action on the site in any way, is solely under the responsibility of him / herself and Globalpiyasa is not responsible for any matter arising from any violation of any regulations in force.
i) The Seller agrees that the buyer may request a transaction to the seller's account for receipt of the product from Globalpiyasa after delivery, or return the product sent to him / her by the seller and demand a refund.
j) The seller shall ensure that the product is delivered in a timely manner, undamaged, in accordance with the qualifications specified on the site and the User Agreement and free of shame; the sale of the product to the buyer and the transfer of ownership and related rights, shall be deemed to be his / her own.
k) The seller agrees that the sales price transferred to the secure account by the buyer will be transferred to the bank account given by the seller upon fulfillment of the obligations specified in 5.1.1 (c) of the contract and the service fee including VAT is cut; and Globalpiyasa has no right to any transaction or saving on his / her own account.
l) The Seller agrees that Globalpiyasa shall have no responsibility and liability for any situation in any stage of the trading process taking place on the site and for any reason whatsoever if the buyer decides not to buy the product. He / she cannot ask Globalpiyasa to sell the product to someone else on the purchase terms formed by the buyer who gives up on the purchase, or to be paid any compensation no matter what.
m) The seller agrees that he / she will immediately compensate Globalpiyasa for any loss incurred due to the violation of any provision contained in this contract, and that Globalpiyasa can recover the loss from the seller’s safe account without any notice if the seller has funds in it.
n) The seller is solely responsible for all kinds of damages to the buyers and third parties after the completion of the sale process and the payment of the products is made, and all the demand to be claimed by the buyer or the right holders due to the failure to fulfill the obligations stated in this agreement and accepts the costs and costs arising from lawsuits and attorneys' fees.
o) The Seller agrees that Globalpiyasa may use the information provided by him / her, either personal or product related, in accordance with the Law No. 4077 on Consumer Protection and Distance Sales.
p) The Seller agrees that he / she is responsible for the accuracy of the information related to the product and that Globalpiyasa is not obliged to check the accuracy of the information provided by the vendor.
r) The Seller agrees to comply with the provisions of the Law No. 4077 on Protection of Consumers and the Regulation on Distance Sales, and shall not make any transactions or declarations that restrict or eliminate them. The Seller agrees that he / she has full responsibility for the buyer within the scope of the Law No. 4077 on Consumer Protection and that the company will not have any responsibility for any disputes, lawsuits or claims arising from the buyer and that it will act in accordance with the preliminary information form and the provisions of the distance contract.
5.2. Rights and Obligations of the Globalpiyasa
a) Globalpiyasa can change the services and content on the site at any time; and reserves the right to close and delete the information and content that users upload to the system to third parties, including the users. Globalpiyasa can use this right without any notice. Users are obliged to fulfill the changes and / or corrections requested by Globalpiyasa immediately. Requests for changes and / or corrections may be made by Globalpiyasa if deemed necessary. The damages, legal and penal responsibilities that may arise due to non-fulfillment of the changes and / or corrections requests requested by Globalpiyasa are fully owned by the users.
b) Globalpiyasa may give a 'link' to other websites and / or portals, files or content owned or operated by third parties, vendors, suppliers and other third parties that are not under its control. These links may be provided by users or only for convenience of reference, and may not be a declaration or guarantee of any kind for the purpose of supporting the website or the person who operates the website or any information about the website or the information contained therein. Globalpiyasa does not have any responsibility for the services or products or their content on the portals or websites accessed through these 'links'.
c) Globalpiyasa does not serve as mediator or arbitrator in the disputes arising between the users about the services provided on the site and the products.
d) It is considered as 'manipulation' (forging a counterfeit offer) for the seller, his friend, relative or a person known to him to bid on the products he sell. The seller who uses “manipulation”, sells the prohibited products specified in the User Agreement or the products that are prohibited to be sold by the relevant legislation, and not found to comply with the provisions of the User Agreement and the rules stated on the site, shall be temporarily or permanently banned by Globalpiyasa.
e) Globalpiyasa can scan the content and messages of the users on the site to determine the messages or content that is against the operation of the site, the User Agreement, the general rules of the site, the general moral rules and that are not possible to be accepted by Globalpiyasa and remove them from the access. Globalpiyasa may notify the user that owns these messages and / or content in writing and / or terminate the membership of the user temporarily or permanently, without any notice.
f) Users and Globalpiyasa are legally independent parties. There is no partnership, representation or employee-employer relationship between them. As a result of the ratification and application of the User Agreement, no partnership, representation or employee-employer relationship is established.
g) The user or shop names that the users upload to the system while they are subscribing to the site are subject to the provisions in the User Agreement, and the users must not violate any legal rights such as copyright, trademark and commercial title when determining the user name or shop name. In case of any violation of this provision by users, Globalpiyasa may request the correction of this situation, as well as temporarily or permanently cancel the membership of the user without notice.
h) Globalpiyasa will review the applications through individuals who claim that any intellectual and industrial property rights are violated, including but not limited to the trademark and intellectual rights. Globalpiyasaya reserves the right to remove the products of the users and suspend or cancel the membership of the users as a result of applications made with the rights protection program.
i) Globalpiyasa can use the information of the products offered to users for statistical purposes.
6. Prohibited Products
a) Within the scope of the services provided by Globalpiyasa, the sale of some products is prohibited by Globalpiyasa. The prohibited products are listed in the 'Help' section of the site, in the list of banned products and in the related appendix of the User Agreement.
b) If the banned products are put on sale by the seller on the site and this situation is determined; Globalpiyasa reserves the right to discontinue the sale of banned products and stop the sales processes, discontinue the listing fees for these products, temporarily or permanently terminate the sale of the banned products to the seller and terminate the User Agreement without notice.
c) Globalpiyasa may complain to the Public Prosecutor and to the relevant supervisory authorities for the necessary legal action against the seller, without prior notice to the seller, if deemed necessary. The User agrees not to hold Globalpiyasa liable under any name or title in case of loss due to Globalpiyasa’s notice in connection with the sale of banned products and not to claim any compensation whatsoever. Seller agrees in advance to meet all claims and other obligations, including but not limited to compensation and attorney fees, which may arise from claims for compensation from third parties or institutions for the same reason.
d) Seller agrees that all of the products exhibited on the site are in accordance with the customs legislation of the Republic of Turkey and the regime subjected to customs procedures and they’ve been put into free circulation.
e) Products that are in breach of customs legislation and the current regime or without any customs clearence are prohibited from being sold or displayed on the site. Users who are resident abroad are subject to customs clearance and are not allowed to sell products that are not in circulation. Globalpiyasa takes down the products exhibited by the users who attempt to sell the products that are not subject to customs clearance as foreign direct sales and does not refund the listing fee to those who have made such attempts.
7. Services
The services provided by Globalpiyasa enable users to communicate with each other and provide secure payment infrastructure for transactions between users through the site.
7.1. Zero Risk System
a) In the transactions between the buyer and the seller, Globalpiyasa offers a payment management service named Zero Risk System to users at the payment stage. Detailed information on the Zero Risk System is included in the Zero Risk System section of this contract.
b) Users are directly and / or indirectly responsible for any taxes, duties, charges and similar liabilities arising from the sales or sale related operations while using Zero Risk System and its services.
c) Zero Risk System and auction model are not applied in sales in real estate category and in the categories of automobiles, motorcycles, sea vehicles, commercial vehicles and other motor vehicles in the garage section.
7.2. Services on Sale
a) Products on sale can be seen by large communities at any time of the day which helps create a competitive market.
b) Users can benefit from all kinds of communication services by using the communication infrastructure of the site in terms of the sales prices, delivery terms and payment methods according to the pricing models determined by the sellers.
7.3. Additional Services
Users may also benefit from the Additional Services, including but not limited to the Shop Service, Showcase Service, and Listing Service, in addition to the services listed above, provided that they pay fees set by Globalpiyasa.
8. User Profile Evaluation System
a) User Profile Evaluation System is an evaluation and scoring system which is formed by users own initiative and evaluations so that they can have an idea about other users. When adding new comments, users will create their comments only in accordance with Globalpiyasa Services and the experience and knowledge they have acquired in the use of the site.
b) The user is responsible for all legal and criminal liability during the user profile creation and when adding new comments to the profile. Globalpiyasa accepts no legal responsibility for comments contained in user profiles.
c) Users cannot undertake to manipulate the User Profile Evaluation System by using any method under any justification; they acknowledge that they will reimburse the company for any loss, and the company has the right to terminate the membership of the user temporarily or permanently.
d) The comments that users add to their profiles and the rules defined in detail in the User Profile Change section will not be changed by Globalpiyasa under any circumstances.
e) Users may not transfer user profiles created for them to any other user under any circumstances and conditions or allow their use. The user who transfers the profile created for himself or makes it available, accepts that Globalpiyasa has the right to terminate the User Agreement and the user's membership without notice.
f) Users acknowledge that the company may deduct penalties from their profiles if they violate the rules set forth in the site or the provisions of the User Agreement.
9. Pricing
Globalpiyasa will announce the pricing for product listing, the use of Zero risk system and charges for the additional services in the “Help” section of the site. Changes to service charges will take effect from the moment they are announced and will be valid until the campaign expires in the event of a campaign for fees. Unless otherwise stated on the site, all fees for the services on the site shall be calculated and collected in Turkish Lira (TL).
10. Privacy Policy
Globalpiyasa can use the information related to users in accordance with the regulations in the Privacy Policy. The Company does not share confidential information belonging to users with third parties, except in the circumstances permitted by the User Agreement and the Privacy Policy.
11. Other Provisions
11.1. Intellectual Property Rights
a) All elements of the site (including, but not limited to design, text, image, html code and other codes) are owned by the company or used under the license rights taken from a third party. Users may not resell, share, distribute, exhibit, reproduce, prepare, or otherwise use the information and services owned by Globalpiyasa; otherwise they will be liable to cover any claims, including but not limited to compensation and court costs and attorney fees, which are claimed by the company for damages incurred by third parties, including but not limited to licensors.
b) All rights reserved for Globalpiyasa’s services, information, copyrighted works, trademarks, commercial views or all material and intellectual property rights owned by the site, including all property, real and personal rights, commercial information and know-how.
c) Users agree to comply with the rules for the use of the company's trademark and logo.
11.2. Contract Changes
a) Globalpiyasa may change this User Agreement and its annexes at its own discretion and unilaterally by posting it on the site at any time it deems appropriate. The amended provisions of this User Agreement shall become effective on the date of announcement or on the applicable date; the remaining provisions shall remain in force and shall continue to give effect. This User Agreement cannot be changed by one-sided declarations of users.
b) This User Agreement will be valid for all registered users as of 05.03.2013.
11.3. Force Majeure
a) In all cases considered as force majeure, Globalpiyasa is not obliged to perform any of the obligations specified in this User Agreement. In such cases, Globalpiyasa shall not be liable for any indemnity under any name in the event of a delayed or incomplete service. The term force majeure shall be construed as incidental events which cannot be prevented by the parties concerned but not limited to natural disaster, rebellion, war, strike, communication problems, infrastructure and internet failures, power failure and bad weather conditions.
11.4. Applicable Law and Authority
Turkish law will be applied in the implementation, interpretation and legal relations of this User Agreement. Istanbul Courts and Execution Offices are authorized for any disputes arising from this User Agreement.
11.5. Termination of Contract
This User Agreement shall remain in effect as long as the user is a member and shall continue to give rise to the provisions and results between the parties. This contract shall be deemed to have expired in the event of the expiration of the membership of the user or the suspension of his / her membership temporarily or permanently. Globalpiyasa shall terminate this User Agreement and / or any similar rules relating to the use, membership and services contained within the site and unilaterally terminate the User Agreement in the following cases and the user shall be obliged to compensate all losses Globalpiyasa incurs due to termination.
12. ADDITIONAL RULES
Users agree that the rules defined in this clause are an integral part of the User Agreement and shall be valid in conjunction with it. Users agree to read and understand the following rules.
