Users who visit www.kamara.com.tr (hereinafter referred to as the site) and users who are members of the site are deemed to have read, understood, accepted and declared the following membership agreement.
1. The Parties
The User Agreement (hereinafter briefly referred to as the ‘User Agreement’), which is an integral part of this agreement and its annexes, is used between Neta International Tas Den Tic Ltd Sti and the User who is a member of the Site in order to become a member of the Site. and the User Agreement is instantly approved by the User in the electronic environment of the Site.
By subscribing to the Site, you accept, declare and undertake that you have read the entire User Agreement, fully understand its content and approve all provisions.
Kamara: Neta International Tas Den Tic Ltd Sti
User: Real or legal person who is a member of the Site and who benefits from the Services provided on the Site within the conditions specified in this User Agreement.
Buyer: The User who purchases the goods and / or services offered for sale by the Seller using the Services offered on the Site.
Seller: By using the Services offered on the Site, the user who legally owns the goods and / or services for which he has the right and authority to save on the property for other Users
Site: Website consisting of the domain name www.kamara.com.tr and sub-domains affiliated to this domain
Public Services (“Service” for short): In order to enable the users to carry out the works and transactions defined in the User Agreement, the applications introduced by Kamara within the Site, Kamara, to enable the Users to perform the works and transactions defined in the User Agreement more effectively. may make changes and / or adjustments to its Services at any time. The rules and conditions that the Users are obliged to comply with regarding these changes and / or adaptations made by the Kamara are announced to the Users by Kamara from the notice board containing the explanations regarding the use of the relevant Service.
Secure Sales System: The Service provided by Kamara for the performance of the payment related part of the sales contract concluded between the Buyer and the Seller within the conditions specified in the User Agreement.
Secure Account: The pool account at the bank managed by Kamara for the performance of the Secure Sales System Service.
Product: Any goods and / or services offered by the Seller for sale on the Site
Buy Now: Pricing model where the seller determines the product price as fixed
3. Subject and Scope of the Contract
3.1 The subject of the User Agreement is the determination of the Services provided on the Site, the conditions for using these Services and the rights and obligations of the parties.
3.2 The scope of the User Agreement, the User Agreement and its annexes, and all kinds of notices, statements and explanations made by Kamara regarding the use, membership and Services within the Site.
3.3 By accepting the terms of the User Agreement, you also accept that any statements on the Site that are declared by Kamara regarding use, membership and Services, and that you will comply with these statements.
4. Membership and Terms of Service Use
4.1 Membership is completed from the relevant section of the Site by the person who wants to become a User, by sending the necessary credentials to become a member of the Site and by entering the ‘link’ sent by Kamara to the e-mail address given by the User while registering. . The right and authority to become a User defined in this User Agreement cannot be obtained until the membership process is completed.
4.2 In order to become a member of the Site, it must be over the age of eighteen and not be temporarily withdrawn or banned from membership indefinitely by Kamara in accordance with article 5.2 of this User Agreement. The persons who have not completed the age of eighteen or who have been temporarily dismissed or banned from membership as per the article 5.2 of this User Agreement, as stated above, will not result in being a member of the Site.
5. Rights and Obligations
5.1. User’s Rights and Obligations
a) The user will act in accordance with all the terms in the User Agreement, the rules specified in the relevant places of the Site and all applicable legislation while performing the membership procedures, benefiting from the Services of the Site and performing any transactions related to the Services on the Site, It accepts, declares and undertakes that it understands and approves all the above mentioned terms and rules.
c) The issues regarding the security, storage, keeping away from the information and use of the system access tools (User name, password etc.) used by the users in order to benefit from the Services offered by Kamara are completely under the responsibility of the Users. Kamara does not have any responsibility, directly or indirectly, regarding the damages faced by the Users and / or third parties due to all negligence and defects of the users such as the security, storage, keeping away from the information of the third parties, use of the means of entry into the system.
d) Users accept, declare and undertake that the information and content provided by them within the Site are correct and lawful. Kamara is not responsible and liable for investigating the accuracy of the information and content transmitted to the Kamara by the Users or uploaded, modified or provided by them through the Site, and is not responsible and responsible for such information and content. cannot be held responsible for any damage that may arise due to being incorrect or faulty.
e) Users may not transfer their rights and obligations under the User Agreement partially or completely to any third party without the written consent of Kamara.
f) Those who benefit from the Services provided by Kamara and use the Site may only operate on the Site for legal purposes. The legal and penal responsibility of the users in every transaction and action within the Site belongs to them. Each User shall not reproduce, copy, distribute, distribute, copy, distribute images, texts, visual and audio images, video clips, files, databases, catalogs and lists within the Site, in a manner that infringes the same or personal rights or assets of the Chamber and / or another third party, It accepts, declares and undertakes that it will not operate, that it will not compete directly and / or indirectly with Kamara either by these actions or by other means. The Chamber cannot be held responsible in any way, directly and / or indirectly, for any damages incurred or may suffer by third parties due to the activities performed by the Users on the Site in violation of the terms of the User Agreement and / or the Law.
g) Kamara, Kamara employees or managers are not responsible for the services and published content provided by third parties, including users. The commitment of the accuracy and legitimacy of the information, content, visual and audio images provided and published by any third party is solely the responsibility of those who carry out these actions. The Chamber does not guarantee and guarantee the security, accuracy and legitimacy of the services and content provided by third parties, including Users.
h) Users are obliged to use the Secure Sales System for the transactions related to the purchase and sale of the Products they offer for sale on the Site, without prejudice to certain circumstances in this Agreement.
ı) The User accepts, declares and undertakes that, within the scope of any raffle that Kamara will carry out on the Site, the users who are entitled to participate in the contests will share their user information with the persons and institutions related to the campaign and the raffle, and therefore will not make any compensation request from Kamara. .
i) Users acknowledge, declare and undertake that they will not act in a way to transfer money between their memberships or memberships of their acquaintances on the Site and that they will not behave in a manner that will manipulate the operation of the Site, otherwise they will compensate for any damage that Kamara will suffer. .
j) Users acknowledge, declare and undertake that this User Agreement will be valid in any media where the Site operates, including the mobile environment.
k) Kamara enables its Users to receive promotional and informative messages to be made by Kamara in line with their own initiatives. Users acknowledge, declare and undertake that they approve all types of information and promotional messages to be sent by Kamara in every medium where the Site operates, including the mobile environment. Users had the right to make changes regarding the settings in the user account, and receiving information and promotional messages.
l) The User acknowledges, declares and undertakes that Kamara allows the User to save his / her credit card information on its own device in the mobile application related to the Site. The user accepts, declares and undertakes that Kamara has no responsibility for theft, loss or unauthorized access to the device.
5.1.1. Rights and Obligations of Buyers
a) The Buyer accepts the product description and the terms of sale determined by the Seller by making a request to purchase the Product with ‘Buy Now’.
b) After the Buyer pays the price of the Product to the Secure Account, the Seller must deliver the business result to the Site within +24 hours on the working day determined by the seller.
e) The Buyer, whether the Products offered for sale by the Sellers on the Site are defective and / or illegal and / or Banned Products, including, but not limited to, the nature, originality, and the accuracy of the written and / or video descriptions used in the promotion of the Product. without notice, Kamara agrees and declares that the product is not knowledgeable, and does not have to be, and does not have an obligation to undertake and guarantee them.
f) The Buyer shall have no responsibility for Kamara at any stage of the buying and selling process taking place on the Site and for whatever reason, if the Seller relinquishes the sale and delivery of the Product or cancels the offers given to the Product, and no obligation; It accepts, declares and undertakes that Kamara will not be able to demand the supply of the Product or equivalent it tries to purchase, or any compensation from there.
g) In case the conditions described in this User Agreement occur, the Buyer has sent the Safe Price to the Seller for the remittance to be transferred to the Seller, after the Service fee commission including VAT has been deducted and specified by the Buyer in 5.1.1 (d) of this User Agreement. that after the fulfillment of the obligations, it will be transferred to the bank account reported by the Seller to Kamara; In this process, it accepts, declares and undertakes that Kamara will not make any transactions and savings on behalf of the Buyer on the Buyer’s money in the Secure Account.
h) The Buyer accepts, declares and undertakes that Kamara can use its own user information within the framework of the Law on Consumer Protection and Regulation on Distance Contracts.
ı) The buyer will not be a party to any dispute arising from Kamara’s preliminary information form and distance contract; the preliminary information form and distance contract and / or the sole addressee of any request regarding the Product to be sold shall be the Seller; Kamara accepts, declares and undertakes that he has no legal responsibility for these requests.
i) The seller, supplier, manufacturer, manufacturer, dealer, agent under the Law on Consumer Protection, which is not a party to the contract of sale between the Buyer, the Seller and does not make any transaction, commitment or obligation regarding the sale relationship and the product subject to the sale. has no transaction, commitment and obligation, regardless of the name of the advertiser, medium or other; It approves, understands and accepts that the preliminary information form and the distance contract with the seller are not parties.
5.1.2. Rights and Obligations of Sellers
a) The Seller accepts that the Product (s) offered for sale on the Site belongs to him and / or is authorized to transfer the property and that there is no legal or other obstacle against the sale of the Product (s) by himself. and undertakes.
b) The Seller has the right and authority to sell and sell a Product that will be offered for sale on the Site, using the ‘Buy Now’ option, at a fixed price previously announced or with the Auction-Like pricing model. In the sales made with the Auction-Like pricing model, the Seller accepts that the Buyer will pay the product price with the ‘Buy Now’ option and sends the money to the Secure Account and accepts, declares and undertakes. Seller must enter the shipping information of the Product to the Site within 3 business days +24 hours after the Buyer has paid the Product price to the Secure Account.
c) The Seller shall comply with the terms and conditions regarding the use of the Site and the Services offered on the Site, including the Prohibited Products, of the Product (s) offered for sale, or specified in certain places on the Site. It accepts, declares and undertakes that it is not in violation and in compliance with the legislation in force.
d) The Seller may receive the product from the Buyer and request a transaction to Kamara in order to transmit the Product price in the Secure Account to the Seller’s account; or by not accepting the Product sent to it by the Seller, it accepts, declares and undertakes that it may return the product to the Seller and request action for Kamara to return the Product price to it.
e) The Seller shall send and deliver the Product on time, undamaged, in accordance with the qualifications stated on the Site and free of defects, in accordance with the User Agreement; It accepts, declares and undertakes that the sale of the Product to the Buyer, the transfer of its ownership and related rights and the liabilities only belongs to it.
f) The Seller has notified the Seller to the Chamber after the sales price sent by the Seller to the Secure Account to be transferred to him after the Service fee commission including VAT has been cut and the Buyer has fulfilled the obligations specified in article 5.1.1 (c) of this Agreement. to the bank account; in this process, it accepts, declares and undertakes that Kamara has not made any transactions and savings on its own behalf on the Buyer’s money in the Secure Account.
g) The Seller shall have no responsibility or liability for this situation at any stage of the purchase and sale process taking place on the Site and for whatever reason, if the Buyer ceases to receive the Product; On the Site, it accepts, declares and undertakes that the Product it tries to sell cannot demand to be sold to someone else or to pay any compensation based on the purchase conditions created by the Buyer who gives up the purchase in any way.
l) In the event that Kamara suffers any damage in the event of any violation of any provision in this Agreement, the Seller shall immediately compensate for Kamara’s born damage; accepts, declares and undertakes that Kamara can take the loss arising from this amount without any notice and warning condition if he / she has money in the Secure Account.
m) The seller is responsible for any damages that may arise from the Buyers and third parties regarding the Products that he sells for sale, both during the sale phase and after the sale is completed and paid to him, and the buyer does not fulfill the obligations specified in this User Agreement. and accepts, declares and undertakes that it will cover the rights and receivables, expenses and attorneys’ fees arising from all claims and cases to be put forward by the right holders. There is always the right to recourse the lawyer fee, indemnity and other claims to the Seller arising from all cases brought against the cabin by the Buyer and right holders.
n) The Seller accepts, declares and undertakes that Kamara may use the information given by him regarding the user and the product subject to the sale in accordance with the Law on the Protection of Consumers and the Regulation on Distance Sales.
o) The Seller accepts, declares and undertakes that he will be responsible for the accuracy of the information related to the Product and that Kamara is not obliged to check the accuracy of this information provided by him.
ö) The Seller accepts, declares and undertakes that it will act in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Sales and will not make any transaction or declaration that will limit or eliminate these provisions. The Seller accepts that he is responsible for the Buyer within the scope of the Law on the Protection of the Consumer, that Kamara will not be responsible for any disputes, lawsuits and requests arising from the Buyer, and that he will act in accordance with the provisions of the preliminary information form and distance contract. and undertakes.
p) The seller is eligible to take into account the Product (s) offered for sale, taking into account both the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards issued in accordance with this Law, and the Law on the Protection of Consumers No. 4077 or other relevant legislation. is responsible for listing in the correct category and not using words unrelated to the Product. The Authority may be exposed to the seller because it is in violation of both the User Agreement and the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards issued in accordance with this Law, and the provisions of the Consumer Protection Law No. 4077 or other relevant legislative provisions. The Seller is personally responsible for any damage or loss, including sanctions and penalties. Kamara has the right to remove this Product / Products from the site if it is determined by the Kamara that the Seller incorrectly categorizes the Product (s) or gives misleading information and / or words regarding the Product (s). As Kamara removes the Product (s) in question from the site, it is not possible for the Seller to claim damages and losses from Kamara.
5.2. Rights and Obligations of the Chamber
a) Kamara reserves the right to close and delete the Services and contents offered on the Site for the access of third parties at all times. The chamber can exercise this right without any notification and without prior notice. Users are required to immediately fulfill the changes and / or corrections requested by Kamara. The damages, legal and criminal responsibilities arising from or may arise due to the failure to fulfill the changes and / or correction requests requested by the Chamber in a timely manner belong to the Users.
b) Kamara may provide a ‘link’ on the Site to other websites and / or portals, files or content owned and operated by third party vendors, providers and other third parties that are not under Kamara’s control. These ‘links may be provided by Users or Kamara only for ease of reference, and are not intended to support the website or the person operating the site or to any kind of statement or warranty regarding the website or the information it contains. Kamara has no responsibility for portals, websites, files and content accessed via ‘links’ on the site, services or Products offered from portals or websites accessed through these’ links, or their content.
c) The Chamber does not take place as mediator or arbitrator in disputes arising between the Users regarding the Servers and the Products on the Site.
d) The offer of the seller, his friend, relatives or another person he knows to be offered to the seller is considered as ‘manipulation’ (false bidding). Membership of the Seller, which has been found to be ‘manipulating’ and / or forbidding the Prohibited Products specified in the User Agreement and the products prohibited by the relevant legislation, and / or not complying with the terms of the User Agreement and the rules specified on the Site. is canceled.
e) Membership of the Seller, which is determined to offer the Banned Products specified in the User Agreement and the Products prohibited to be sold by the relevant legislation for sale and / or does not comply with the provisions of the User Agreement and the rules specified on the Site, shall be temporarily or permanently canceled by Kamara.
f) The Chamber is necessary for the detection of messages and / or content that occur between the Users on the site, which are contrary to the operation of the Site and / or the User Agreement and / or the general rules and / or general moral rules and that cannot be accepted by the Kamara. scan content and / or messages and remove the messages and / or content it detects from access and at any time; The Chamber may warn the User who created this message and / or content in writing and / or terminate the User’s membership temporarily or permanently, without any notice.
g) Users and Kamara are legally independent parties. There is no partnership, agency or employee-employer relationship between them. As a result of the approval and implementation of the User Agreement, no partnership, agency or employee-employer relationship is born.
h) The “user names” that the users upload to the system while signing up on the Site are also subject to the provisions in this User Agreement, and when determining the “user name” of the Users, they should not violate the legal rights of third parties such as copyright, trademark, trade name. In the event that the users act in contradiction with the provisions of this article, they may request the correction of this situation against the User Agreement, as they may request from the User or cancel the membership of the User temporarily or permanently without prior notice to the User.
ı) The chamber will examine applications through the Entitlement Protection Program by those who claim that any intellectual and industrial property rights have been violated, including but not limited to the brand and intellectual right. As a result of the applications made to Kamara with the rightful protection program, it reserves the right to remove the lists of the Products related to the users and to suspend and cancel the membership of the Users when necessary.
i) The Chamber may use the information related to the products offered by the Users to collect statistical information.
j) The responsibility of importing the product subject to sale and / or any liability related to taxes, funds, penalties, any other liabilities and their interests rests with the Seller. Kamara, which has the title of Location Provider, has no responsibility for these issues.
6. Prohibited Products
a) Within the scope of the Servers provided by Kamara on the Site, the supply of some Products to the sale is prohibited by Kamara. Products forbidden to be sold are listed in the ‘Help’ section of the Site, in the Banned Products list and in the Banned Products list attached to this User Agreement. Products that are forbidden to sell in Kamara are not limited to the list of Prohibited Products, but the legislation or Kamara A.Ş. It also covers the products banned by their policies and the rules regarding the products.
b) In case the Prohibited Products are offered for sale on the Site by the Seller and this situation is determined by the Kamara, Kamara does not return the sale information and the listing fees of the related Prohibited Products and / or return the listing fees for these products and / or It reserves the right to temporarily or permanently terminate the membership of the Seller, who prohibits the sale of the Prohibited Products, and / or to terminate the User Agreement without notice.
c) In cases where it deems necessary (especially in the sale of stolen, illegal or counterfeit goods), the Chamber may complain or report to the Public Prosecutor’s Office and the relevant supervisory and regulatory agencies for the purpose of taking the necessary legal action against the Seller, without prior notice to the Seller. In connection with the sale of the Prohibited Products, the User agrees, declares and undertakes not to blame Kamara for any name or title and in any way to claim compensation in the event of damage caused by the notice and / or the provision of information. The seller accepts, declares and undertakes to meet all lawsuits and other liabilities of Kamara, including but not limited to compensation and attorney fees that may arise from third parties or institutions due to the same reason.
d) supplier, all of the products exhibited at the site, according to the customs legislation of the Republic of Turkey and the regime subjected to customs clearance and put into free circulation products is accepted, and warrants.
e) contrary to the customs legislation in force on the Site and process without being subject to customs regime, or any of, the Products to be exhibited have made entry to Turkey and sale is prohibited. Users residing abroad are forbidden to sell and sell the Products that are not in free circulation after being subjected to customs clearance. The Chamber cancels the Products exhibited by the Users who attempt to sell the products that are not subject to customs clearance as a direct overseas sale as soon as they are aware and does not refund the listing fee to those undertaking such enterprise.
The basis of the Services provided by the Chamber is to enable the Users to communicate with each other and to provide a secure payment infrastructure for transactions made between the Users through the Site.
7.1. Safe Selling System
a) The Bank offers a payment management Service called Secure Selling System to the Buyer and the Seller in the purchase-sale transaction between the Buyer and the Seller, during the payment of the product price. Detailed information about the Safe Selling System is included in the Safe Selling System section, annexed to this contract.
b) Users are contrary to the law, all kinds of taxes, funds that may arise during the importation of any tax, picture, fee and similar obligations arising from the sale or sales-related transactions of the Products bought and sold by using the Safe Sales System and Services, or if the product is imported, They are directly and / or indirectly responsible for the penalty, other liability and their account. None of the responsibilities that may arise from all kinds of taxes, duties, fees and similar liabilities that may arise in relation to sales and transactions and imports belong to Kamara.
c) Safe Sales and Auction-Like pricing model is not applied in the sales in the Real Estate Category and Automobile, Motorcycle and Accessories categories in the Site.
7.2. Services Provided for the Supply and Sale Process on Sale:
a) Sellers benefit from the Service to be offered to the Products offered for sale to be viewed at any time of the day and by a large group of members, thereby contributing to the creation of an affordable and competitive market price.
b) Sellers and Buyers benefit from all kinds of communication services by using the Site communication infrastructure in accordance with the pricing models determined by the Sellers, in terms of the sales price of the Product, delivery terms and payment of the Product prices.
7.3. Additional services
a) User Profile Evaluation System is an evaluation and scoring system created entirely with the initiative and evaluations of the Users in order to ensure safe communication and trade between the Users and to have an idea about the other Users. When adding new comments to the User profile, users will only create their comments based on their experience and knowledge gained through the use of the Chamber Service and the Site.
b) While creating the User profile and adding new comments to the User profile, all legal and penal responsibility for the comments made by the Users belong to the User who added the comment. Kamara will not accept any legal responsibility for the comments in User profiles.
c) Users cannot, under any reason, use any method to manipulate the User Profile Evaluation System; If they are found, they accept, declare and undertake that Kamara will compensate all damages to be realized regarding the subject and Kamara has the right to terminate the User’s membership temporarily or permanently.
d) The comments that users add to the User profile, the rules defined in detail in the Change in User Profile section, will not be changed by Kamara under any terms and conditions.
e) Users may not transfer the User profiles created for them to any other User or allow their use under any circumstances. The User who transfers the User profile created for him or opens it to another user accepts, declares and undertakes that Kamara has the right to terminate the User Agreement and terminate the membership of the User unilaterally and without notice.
f) Users acknowledge, declare and undertake that a penalty point may be deducted from the User profiles by Kamara if they violate the rules specified on the Site by the Kamara or the terms of the User Agreement.
The Chamber will announce the Service charges related to Product listing, using the Secure Sales System and Additional Servers for sale, in the ‘Help’ section of the Site. Changes to service fees will take effect from the moment the change is announced and will be valid until the campaign’s expiration date, if a fee related campaign is found. Unless otherwise stated on the Site, all fees to be collected against the Servers on the Site will be calculated and collected in Turkish Liras (TL).
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) (copyright works of Kamara) belong to Kamara and / or by Kamara from a third party. used under the license right. Users may not resell, share, distribute, display, reproduce, reproduce, work out or prepare any Kamara Services, Kamara information and any copyrighted works of Kamara, or allow anyone else to access or use Kamara’s Services; otherwise, they will be responsible for meeting any and all liabilities, including, but not limited to, the amount of compensation claimed by Kamara for damages incurred by third parties, including but not limited to licensors, and court costs and attorney fees.
b) The cabin, cabin Hizmeter of Commons details of studies subject to the Commons copyright, Kamara trademarks, Kamara business outlook or any kind owned by the Site material and intellectual all assets, including property rights, real and personal rights, trade information and All rights to know-how are reserved.
c) Users, Commons Brand Logo that and accept that they will act in accordance with the rules relating to the use, declarations and commitments would cost.
11.2. Contract Changes
a) The Chamber, in its discretion and completely one-sided, this User Agreement and its attachments, at any time it deems appropriate, may change by posting on the site. The changing provisions of this User Agreement will take effect on the date of their announcement, or if the validity date is specified before; the remaining provisions will remain in force and continue to produce terms and consequences. This User Agreement may not be changed by unilateral declarations by the user.
b) This User Agreement will be valid for all registered users on 12.03.2014 and for all users registered on and after that date. You can review the previous version of the contract at the bottom of the page.)
11.3. Force Majeure
Legally ‘force majeure’ is considered in all cases, Kamara, this User Agreement is not liable for any of the obligations set out by late or incomplete due to perform or not to perform. These and similar cases like this, for Kamara, delays, incomplete or to perform or not to perform or be deemed default or demand compensation will not be under any name from the Chamber for this case. The term “force majeure” cannot be prevented, including but not limited to, natural disaster, riot, war, strike, communication problems, infrastructure and internet malfunctions, power outage and bad weather conditions, despite the reasonable control of the party concerned, will be interpreted as unavoidable events.
11.4. Applicable Law and Authority
Turkish Law will be applied in the implementation, interpretation and management of legal relations arising from the provisions of this User Agreement. Istanbul Courts and Enforcement Offices are authorized in case of any dispute arising out of or may arise from this User Agreement.
11.5. Termination of the Contract
This User Agreement will remain in effect as long as the User is a member of the Site and will continue to generate cross-party terms and results; It will be deemed to have expired if the user’s membership has been suspended temporarily or permanently.
If you have any questions about the operation, please write to the support line.