Article 1. Parties
This User Agreement (“Agreement”) is concluded between Elit Mezat (“Company”) and the person who registered as a user (“User(s)”) on the site located at www.Elitmezat.com.tr (“Site”). The Agreement will enter into force upon acceptance by the User electronically; It will remain in force unless terminated by the parties in accordance with the procedures specified in the Agreement.
Article 2. Subject and Scope of the Agreement
This Agreement is concluded by the User for the purpose of determining the rights and obligations of the parties regarding the terms of bidding and purchasing products in our auctions accessed through the Site. The auction rules, terms of use, rules and conditions offered by the Company to Users in the content of the site are an annex and an integral part of this Agreement and together with the rights and obligations contained herein, constitute the entire rights and obligations of the parties.
Article 3. Rights and Obligations of the Parties
3.1 The User declares that he/she is aware that he/she must approve this Agreement by providing complete, accurate and up-to-date information requested by the Company in order to benefit from the Auctions. If there is any change in the information provided during the establishment of user status, such information will be updated immediately. The Company is not responsible for the inability to access or use the site due to incomplete or inaccurate information or not being up-to-date.
3.2 The User declares that he/she is over 18 years of age and has the legal capacity to enter into this Agreement. Family members and/or heirs are liable for those who carry out transactions despite not having legal capacity.
If the User is accessing the Site on behalf of a business, his membership will be suspended and the user will be notified. Only individuals can sell and buy at Elite auction.
In terms of tax legislation, only individuals (those who sell for incidental income) can buy and sell products at the Elite auction. Company and Merchant class memberships cannot buy or sell products. It is necessary to obtain information about the distinction in question from the revenue administration.
For incidental earnings limit and detailed information, you should get information from www.gib.gov.tr.
In case the user engages in commercial activity without the knowledge of Elit auction (excludes incidental profits even though he is not a company or trader), all responsibility belongs to him.
Payment for the products sold can only be made to the member's personal account.
The user accepts and declares that he/she has the necessary authority regarding this. In this case, User status, rights and obligations will belong to the business in question.
3.3 The User has the right to establish a single User account, and following the suspension or termination of the User account by the Company, it is prohibited for the User to establish a second account using the same or other information. The Company reserves the right to refuse to open the User account at its sole discretion, without giving any justification.
3.4 Access to the Site by the User will be made using his/her e-mail address and password. The User will be responsible for protecting the confidentiality and security of this password, and any activity carried out with the use of such information on the Site will be deemed to be carried out by the User, and any legal and criminal liability arising from these activities will belong to the User. The User will immediately notify the Company when he becomes aware of any unauthorized use of his password or any other breach of security.
3.5 The User accepts and undertakes to use the Site only for its lawful activities and to act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated on the Site in relation to the Site.
3.6 In case of technical problems with the Site, the User will make reasonable efforts to detect and diagnose the problem before contacting the Company. If the User continues to need technical support, the necessary support will be provided by the site administrator or other appropriate channels.
3.7 If communication tools (such as forum, chat tools or message center) are provided to the User through the Site, the User declares and undertakes to use these communication tools only for lawful purposes. The User may use these communication tools to sell products and services, e-mails sent without the consent of the other party, files that may damage third parties' software and computer systems, content that is offensive to other users, or materials other than the purpose of the Application, including any unlawful content. will not use it to share. The User undertakes that he/she has the authority to do this for all communications made through the Site. The Company has no obligation to check the suitability of communications made through the Site or whether they are for the purposes of using the Site.
3.8 The Company has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant change will come into force with the next use of the Site by the User. If the User does not accept such changes, the User reserves the right to terminate this Agreement as stated below.
3.9 The User cannot transfer or assign the User account and this Agreement and its rights and obligations arising from the use of the Site to a third party in any way.
3.10 If the User violates this Agreement and other terms and conditions within the scope of the Site, as well as its statements and commitments within this scope, the Company will have the right to suspend the User's membership or terminate the User status by terminating the Agreement as stated below. In such a case, the Company reserves the right to claim damages arising from such non-compliance from the User.
3.11 A limit can be defined for each member and the determined limit can be changed by Elit Mezat if necessary.
Article 4. Payment Terms
4.1 The User will be entitled to receive the products he/she has won from the Auctions only in return for paying the fees declared on the Site in full and with the payment terms and means declared on the Site.
4.2 The Company will send the products and their invoice to the contact address provided by the User within 2 business days after the payment of the price of the products won in the auction.
Article 5. Intellectual Property Rights
5.1 All rights, title and interest on the Site belong to the Company. Within the scope of this Agreement, the User is not granted the right to use, copy, transmit, store and backup his information and Content for the use of products in the auctions published on the site and for other purposes related to the provision of services.
5.2 The User does not have the right to copy the products in the auctions published on the Site in any way or for any reason, to share his information on social media, or to sell the products by stating that they are his own. It is strictly forbidden to change the browser and content of the Site in any way, or to provide links to or from the Site without the express permission of the Company.
5.3 The User does not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way. will not use it.
Article 6. Enforcement and Termination of the Agreement
7.1 This Agreement will enter into force upon acceptance by the User electronically and will remain in force unless terminated by either party as stated below.
7.2 Either party may terminate this Agreement at any time, without giving any reason and without paying any compensation, by giving 1 (one) week written notice to the e-mail address notified by the other party.
7.3 If one of the Parties does not fully and properly fulfill its obligations arising from this Agreement and if such non-compliance is not remedied within the given period despite the written notification to be made by the other party, this Agreement may be terminated by the notifying party. If the said violation is committed by the User, the Company will have the right to suspend the User status until the violation is resolved. If the User violates the applicable legislation, the Company may terminate the Agreement with just cause with immediate effect.
7.4 Termination of the Agreement will not eliminate the rights and obligations of the Parties that have arisen until the date of termination. Upon termination of the Agreement, the User will be responsible for all fees and expenses incurred to date. No refund will be made to the User.
7.5 The Company may terminate this Agreement if the User's account is inactive for 3 (three) months.
7.6 In cases where the User account is not blocked for legal reasons and the Agreement is terminated, the Company will provide read-only access to the Content for 6 (six) months.
7.7 The Company has the right to store the Content in its databases as long as this Agreement is in force. The User will be able to receive the Content without paying any fee within 6 (six) months following the end of the User's membership period or this Agreement. The Company may charge a fee for such requests submitted after the expiration of this period. Relevant fees will be specified within the scope of the Application.
Article 8. Miscellaneous Provisions
8.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in the agreement will not affect the force and validity of the remaining provisions of the Agreement.
8.2 This Agreement is a whole with its annexes. In case of any conflict between the Agreement and its annexes, the provisions in the relevant annexes shall prevail.
8.3 The User will be contacted via the e-mail they provided when registering or through general information on the Site. Communication via e-mail replaces written communication. It is the User's responsibility to keep his/her e-mail address updated and to regularly check the Site for information.
8.4 In disputes arising from this Agreement and its annexes, Ankara Central (Ankara) Courts and Enforcement Offices will prevail.