Shipper Agreement

Shipper Agreement

This Shipper Agreement (the “Agreement”) governs the rights, obligations, and liabilities of the User (also referred to in this Agreement as the “Shipper”) who ships from Türkiye to other countries through TURKISHIP Elektronik Ticaret Hizmetleri Limited Şirketi (in short, “Kargobaz”). This Agreement is an integral part of the Kargobaz Terms of Use, and the User shall be deemed to have accepted the provisions of this Agreement by creating a shipment through Kargobaz.

1. Scope of the Service

1.1 Kargobaz is a web-based intermediary platform that enables Users to find, compare, select, and purchase international shipping services for shipments from Türkiye to other countries. Kargobaz allows automated processing of order data, marketplace integrations, and the creation of shipping labels. Kargobaz does not transport or deliver shipments itself; it acts as an intermediary between the User and the selected carrier. Kargobaz holds the Freight Forwarder Authorization Certificate No. İST.U-NET.TİO.34.1800 issued by the Republic of Türkiye Ministry of Transport and Infrastructure.

1.2 Some carriers Kargobaz works with accept shipments directly from the User, in which case the User may deliver the shipment to the relevant carrier on their own after creating the shipping label. Other carriers require shipments to be delivered to them by Kargobaz. In this second model, the User may either personally deliver the shipment to Kargobaz, or, where applicable, Kargobaz may collect the shipment from an address indicated by the User, either by itself or through contracted third-party carriers. Which model applies depends on the selected carrier and is communicated to the User during shipment creation.

2. Digital Service Infrastructure and Disclaimer

2.1 Kargobaz exercises due care to provide its digital platform and integration infrastructure in an uninterrupted, secure, and user-friendly manner. However, temporary service interruptions may occur due to unforeseeable external factors such as:

  • Technical malfunctions occurring on servers,
  • Planned or emergency system maintenance,
  • Outages occurring in third-party software, service, and infrastructure providers (marketplaces, carrier APIs, etc.),
  • Access disruptions caused by internet, electricity, or global systemic issues.

2.2 Kargobaz cannot be held liable for any direct or indirect damages that may be suffered by the User due to such technical disruptions and interruptions. The User acknowledges that no absolute guarantee is given regarding the continuity of the service.

3. Transportation Service and Payments

3.1 Kargobaz does not perform the transportation activity itself. The transportation service is performed by third-party shipping/logistics companies (such as UPS, FedEx, DHL, and similar carriers) specified on the Site, based on the User's selection. The contract of carriage is therefore established between the relevant carrier and the User, and Kargobaz is not a party to such contract. When the User creates a shipping label, the User accepts that the shipment shall be subject to the terms of carriage of the relevant carrier (Conditions of Carriage, Service Guide, etc.).

3.2 Based on the information entered by the Shipper into the Kargobaz platform (package dimensions, weight, destination country, content, etc.), Kargobaz displays estimated shipping fees to the User. These fees are merely estimates; the final amount is determined following the measurement and assessment performed by the carrier. As a result of the carrier's measurement, additional charges such as volume/weight differences, address correction, rerouting, return, fuel surcharge, destination-country surcharges, and other additional fees may arise; the Shipper accepts, declares, and undertakes in advance to bear all such additional charges. These additional amounts are passed through to the User in full by way of invoicing by Kargobaz.

3.3 In the event of non-payment of fees, Kargobaz reserves the right to coordinate with the relevant carrier to request that the shipment not be delivered to the recipient or be returned to the Shipper on a charges-collect basis. The Shipper shall be responsible for any damages that may occur during this process. Furthermore, the Shipper accepts, declares, and undertakes that, in addition to additional costs arising from the shipping, all fees, taxes, and duties arising from national and international legislation may also be demanded at any stage and shall be paid by the Shipper. The Shipper may not refuse payment on the grounds that such fees accrue after shipping or are demanded subsequently.

4. Role and Responsibility of Kargobaz

4.1 The principal role of Kargobaz is to present suitable carrier options for the User's shipments from Türkiye to other countries, to enable the creation of shipping labels, to provide technical support to the User, and to facilitate the transfer of order data into the system through marketplace integrations for Users engaged in e-commerce. The User may be a seller acting for commercial purposes, an individual sending documents or a gift, or a person shipping personal belongings abroad; the provisions of this Agreement regarding “Shipper” or “User” obligations apply to all such use types.

4.2 Kargobaz makes no undertaking or guarantee regarding the quality of service provided by the carrier, on-time delivery, damage-free transportation, or similar matters.

4.3 The Shipper accepts, declares, and undertakes that the content of all shipments sent through Kargobaz complies with applicable legislation; and that the shipments do not contain any prohibited, dangerous, explosive, flammable, contraband, counterfeit, harmful-to-human-health items, items infringing intellectual or industrial property rights, narcotics, firearms, sharp/piercing instruments, tobacco products, alcoholic beverages, live animals, perishable food, medical waste, organs, obscene content, or any other unlawful or non-compliant items, or items whose import or export is subject to special authorization.

4.4 Kargobaz is not obligated to inspect the content of shipments and, unless otherwise stated, accepts no liability for the content of shipments. In the event that the content of the shipment is in violation of laws, all legal, criminal, administrative, and financial liability arising therefrom belongs exclusively to the Shipper.

4.5 In the event that Kargobaz, its subcontractors (e.g., UPS, FedEx, DHL, etc.), business partners, or third parties suffer any damage, become subject to any sanction, administrative fine, court order, tax penalty, indemnity obligation, or any similar legal consequence arising from the content of the shipment, Kargobaz has the right to seek full indemnification for all its damages. The Shipper undertakes to indemnify, immediately and in cash, all damages, penalties, and costs incurred by Kargobaz, without raising any objection, upon Kargobaz's first written request.

4.6 Due to the nature of its service model, Kargobaz does not have the actual ability to inspect the content of every shipment. Where the package is physically delivered to Kargobaz, any inspection by Kargobaz shall occur only within the conditions and limits set out in Article 5; and the fact that such an inspection has been carried out does not relieve the Shipper of liability. Kargobaz makes no implied or express approval as to the content of the shipment.

4.7 The Shipper accepts that, within the scope of this article, Kargobaz is free from any and all damages and obligations. This article constitutes an exemption and indemnity agreement in favor of Kargobaz and shall remain valid even after the agreement is terminated.

4.8 Kargobaz is not a party to compensation processes for damage, loss, or delay that may occur during transportation; it acts solely as a provider of supporting information and documents to the User.

4.9 Damages arising from uninsured shipments are the responsibility of the carrier under general provisions, and Kargobaz has no liability for such damages.

4.10 Liability for delays, losses, damages, and similar transportation-related damages that may occur during transportation belongs to the relevant carrier. The Shipper accepts in advance that, as a rule, claims for compensation shall be directed to the relevant carrier. However, depending on the procedures of certain carriers, such claims may need to be transmitted directly through Kargobaz; in such cases, Kargobaz undertakes to forward the Shipper's claim to the relevant carrier and provide support throughout the process, but is not obligated to provide compensation. The assessment and decision provided by the carrier shall be considered binding on the parties.

4.11 Any damage or loss caused by the Shipper's fault or negligence and directed to Kargobaz by third parties shall be recourse to the Shipper. The Shipper is personally and exclusively responsible for damages caused by its own fault or negligence.

5. Packaging, Shipment Process, and Physical Receipt

5.1 Kargobaz is not responsible for damages arising from the content of the Shipper's shipments or from packaging/wrapping errors.

5.2 In addition to packaging responsibilities, the Shipper is obligated to comply with all rules relating to the transportation and delivery of the package, observe applicable legislation and governmental decisions, provide all necessary information, and attach the relevant documents in full. The Shipper shall be the sole party criminally and legally liable for any damages and costs arising from the Shipper's non-compliance with these obligations. Kargobaz accepts no liability in this regard.

5.3 The Shipper accepts, declares, and undertakes that Kargobaz shall have no responsibility for losses and damages that may arise from incorrect or incomplete declarations on the waybill, from failure to provide the information and documents necessary for customs, security, or administrative procedures in the country of origin, destination, or transit, from force majeure, or from operational changes caused by the carrier (such as changes to aircraft or transfer hubs, package acceptance restrictions during peak periods, etc.).

5.4 The Shipper accepts, declares, and undertakes that no items prohibited from being shipped abroad or from being transported by cargo (such as criminal shipments like narcotics, counterfeit/imitation products, items with falsely declared or undeclared content) will be sent through Kargobaz or its selected carrier; and that the content, value, and nature of the shipment will be accurately declared on the accompanying proforma invoice or commercial invoice. The Shipper accepts, declares, and undertakes that they are responsible for all damages that may arise as a result of Kargobaz being subject to any restriction, fine, or commercial loss due to such shipments.

5.5 Where required by the selected carrier model, Kargobaz may undertake to take delivery of the shipment from the Shipper and forward it to the relevant carrier. This service is provided under the following conditions:

  • The shipment may be picked up by Kargobaz's contracted field teams or third-party logistics partners from an address indicated by the Shipper; alternatively, the Shipper may personally deliver the shipment to a designated Kargobaz drop-off point.
  • Shipments received are directed to be forwarded to the relevant carrier.
  • Between receipt and forwarding to the carrier, Kargobaz is obligated to provide reasonable protection to the shipment.
  • The Shipper is responsible for any issues that may arise if received shipments fail to comply with the carrier's acceptance conditions (size, weight, packaging, content, etc.); in such cases, the shipment may be returned to the Shipper without being delivered to the relevant carrier.
  • Each shipment received is recorded in the system and status information is communicated to the User.

5.6 Shipments physically received by Kargobaz may be forwarded to the relevant carrier at Kargobaz's discretion. However, where content unsuitable for export is detected in shipments, such items will be returned to the Shipper's address on a charges-collect basis.

5.7 At its sole discretion, upon request of authorized authorities, or to the extent permitted by applicable legislation, Kargobaz may open, perform routine checks on, and inspect shipments that have been physically received. This authority applies only to shipments that have physically come into Kargobaz's possession; for shipments delivered by the User directly to the carrier, Kargobaz has no such ability to inspect. The Shipper accepts, declares, and undertakes that Kargobaz shall have no liability for visual differences resulting from interventions to the package made in mandatory cases.

5.8 In accordance with applicable legislation, various scans and inspections may be required to be performed on shipments by Kargobaz or the relevant carrier. The Shipper accepts, declares, and undertakes that they shall not make any claims for delays or damages that may arise as a result of such inspections, and waives all related rights.

5.9 The Shipper accepts that they cannot impose any liability on Kargobaz for customs duties and procedures that arise or may arise under the customs legislation of the destination country regarding products sent abroad through suppliers. Furthermore, the Shipper accepts and undertakes that customs liabilities that may arise in destination countries regarding shipments will be invoiced to them, and that Kargobaz and Kargobaz's business partners cannot be held responsible for any delays that may occur during customs processes (additional document or information requests, inspections, etc.).

5.10 Shipments not accepted into the country under the customs legislation of the destination country are either left at customs to be destroyed or returned to the Shipper, in accordance with the procedures of the relevant carrier. The Shipper accepts, declares, and undertakes that for such returned shipments, a fee equivalent to twice the outbound freight cost will be invoiced by Kargobaz.

5.11 If the Shipper chooses the Delivered Duty Unpaid (DDU) method for a package sent abroad, the Shipper accepts that they shall be personally responsible for all customs duties arising in the destination country. If the carrier invoices such tax to Kargobaz and payment is made by Kargobaz, the Shipper undertakes to pay the relevant customs duty without delay and in cash following the invoice issued by Kargobaz. Furthermore, the carrier's subsequent notification of the customs duty by receipt, after the duty has accrued in the destination country, does not relieve the Shipper of the obligation to pay such duty.

5.12 The delivery times specified on Kargobaz's website and/or mobile applications are merely estimates. Each shipment may be subject to different customs processes depending on its content (including Turkish Customs for packages returned from abroad). For this reason, there is no firm commitment regarding delivery times. The Shipper accepts, declares, and undertakes that they shall make no claim for compensation from Kargobaz for delays that may arise from customs procedures and customs clearance processes.

6. Prohibited Shipments

6.1 Unless expressly accepted by Kargobaz and its contracted carriers, the shipment of the following items to any destination is prohibited, and the Shipper accepts, declares, and undertakes that such items will not be shipped. Additional restrictions may apply depending on the origin and destination. Furthermore, shipments not listed below but prohibited under the legislation of the destination country or the rules of contracted carriers are also covered by this scope:

  • Firearms, ammunition, and their parts,
  • 3D printers intended for or exclusively serving the production of firearms,
  • Explosives, fireworks, and other flammable/combustible substances,
  • Products resembling bombs, hand grenades, or other explosive devices (including replicas, training materials, works of art, etc.),
  • Military shipments requiring an export control license,
  • Animal carcasses, dead animals, taxidermy,
  • Perishable food, food, and beverages requiring refrigeration or special environmental control,
  • Cash and cash equivalents (securities, endorsed shares, bonds, cash letters), collector coins, stamps, gold, and precious metals,
  • Used hypodermic needles, syringes, hazardous waste, or other medical/organic/industrial waste,
  • Counterfeit/imitation products manufactured without the approval of the registered trademark owner or indistinguishably similar to the brand,
  • Marijuana (whether recreational or medical), CBD derived from marijuana, products containing THC, and synthetic cannabinoids,
  • Raw or processed cannabis plants and their parts (including stems, leaves, flowers, seeds),
  • Tobacco and tobacco products (cigarettes, cigars, hookah, loose tobacco, etc.),
  • Electronic cigarettes, their components, and liquids/gels used with such devices (whether or not containing nicotine),
  • Lithium batteries and items containing them (special packaging and declaration are required under carrier rules; prohibited if authorization has not been obtained),
  • Shipments or goods whose transport, import, or export is prohibited under laws, regulations, or directives,
  • Shipments or goods requiring legal approval and authorization, undeclared or subject to tax.

6.2 In the event that the Shipper breaches the obligations set out in this Article 6 regarding prohibited shipments, without prejudice to the right to claim and sue for all direct, indirect, negative, positive, and other damages that Kargobaz and/or third parties, including the actual carrier, may suffer; the Shipper accepts, declares, and undertakes to pay Kargobaz, in addition to performance, a contractual penalty equal to the higher of (i) USD 5,000 (five thousand US Dollars) or (ii) twenty (20) times the freight cost.

7. Force Majeure and External Factors

7.1 Kargobaz exercises due care to ensure that the processes of forwarding the Shipper's shipments to the relevant carrier and providing digital services are carried out as quickly and securely as possible. However, Kargobaz cannot be held liable for delays that may occur in receipt, forwarding to the carrier, or service provision due to circumstances that may be deemed force majeure beyond Kargobaz's control, such as:

  • Heavy traffic, adverse weather conditions, road closures, canceled flights,
  • Inability of field teams or third-party logistics partners to perform their duties due to accident, illness, natural disaster, security risk, etc.,
  • Electricity/internet outages, system failures, or infrastructure malfunctions caused by third parties,
  • Strikes, protests, pandemics, public authority interventions, war, embargo, or similar extraordinary circumstances.

7.2 In such cases, Kargobaz will endeavor to take all reasonable measures to reschedule the service and prevent the Shipper from being harmed by the delay. The User accepts that they shall not claim any compensation, delay fee, or contractual penalty from Kargobaz in respect of such disruptions.

8. Dispute Resolution

8.1 In disputes regarding the transportation service such as delays, loss, damage, and similar matters, the User must contact the relevant carrier directly. Kargobaz may provide information and document support to Users in this process but is not directly addressed in claims for damages.

8.2 In the resolution of any dispute arising from the application or interpretation of this Agreement, the Istanbul courts shall have jurisdiction for commercial users, and the courts and Enforcement Offices designated as competent by law shall have jurisdiction for consumers.

9. Updates and Amendments

9.1 Kargobaz reserves the right to develop, update, or change the scope and technical infrastructure of the service it provides. This Agreement may be updated in accordance with the changing scope of the service and the current acceptance conditions of the carriers. The current versions are accessible at all times through the Site.

10. Termination of the Agreement

10.1 In the event that either party partially or wholly breaches the obligations arising from applicable legislation or commercial customs, or any of the provisions of this Agreement, fails to perform its undertakings, or becomes unable to perform them, the other party's right to terminate within the procedure set forth in the Kargobaz Terms of Use is reserved.

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