Terms of Use
Terms of Use
Introduction
This User Agreement (the “Agreement”) governs the use of this website (the “Site”) and the software and services offered herein (the “Service(s)”).
The Agreement shall enter into force upon the User's acceptance in electronic form and shall remain in effect until terminated by the parties in accordance with the procedures set out herein. This Agreement is a legal agreement between the User and Kargobaz, regardless of whether the User is an individual, a single company, or an organization (“User(s)”).
By becoming a member of our website, the User accepts that they are bound by this Agreement and that their User Information will be collected and used in the manner set out in the Kargobaz Privacy Policy. www.kargobaz.com/en/legal/privacy-policy-and-kvkk-disclosure If the User is opening or using an account on behalf of a company, organization, or legal entity, they acknowledge and undertake that: (i) they are the authorized representative of such entity for the purpose of being bound by this Agreement; (ii) they have read this Agreement; (iii) they understand it; and (iv) they accept it on behalf of the legal entity.
1) Description of the Service
This Site and the Services provided herein are owned by TURKISHIP Elektronik Ticaret Hizmetleri Limited Şirketi (in short, “Kargobaz”). The Services provided by Kargobaz are a web-based solution that enables the User to find, compare, select, and purchase international shipping services for documents and goods being sent from Türkiye to other countries. Through the Services, the User may purchase a shipping service from a third-party postal service or courier (the “Carrier”), and Kargobaz will provide the User with the appropriate evidence of postage, such as a shipping label, to be used with the shipment. Kargobaz acts as an intermediary between the User and the selected Carrier. Kargobaz does not transport or deliver shipments and is not a party to any contract the User enters into with a Carrier for the pickup, transport, or delivery of the shipment. When the User creates a shipping label for a shipment through Kargobaz, the User acknowledges that the shipment shall be subject to the applicable Carrier's terms of carriage (such as Conditions of Carriage, Service Guide, and the like).
For users engaged in e-commerce, Kargobaz offers real-time integrations with popular marketplaces and shopping platforms, enabling order retrieval and bulk shipping label creation. In addition, other individuals and entities not engaged in e-commerce may also use Kargobaz to create shipping labels for shipments from Türkiye to other countries. Kargobaz does not charge any subscription or membership fee from its users; service fees are determined based on shipment volume, and volume-based automatic discounts may apply. Kargobaz provides services exclusively for shipments from Türkiye to other countries and does not offer domestic shipping services within Türkiye.
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.
2) General Information About the Site and the Service
2.1. Kargobaz continuously monitors the accuracy and currency of the information on the Site. However, despite all efforts, Kargobaz is not responsible for typographical or system errors that may occur. The User acknowledges that access to the Service may be blocked or interrupted from time to time.
2.2. Kargobaz reserves the right to modify, at any time, the information, forms, content, and this User Agreement that are or will be available on the Site.
2.3 Kargobaz may terminate accounts, delete any content or information submitted to the Service, and/or block the use of or access to the Service (or any part or feature thereof) at any time, at its sole discretion, with or without notice, for any reason. The termination (in whole or in part) of any account on Kargobaz for any reason is at Kargobaz's sole discretion. Furthermore, Kargobaz reserves the right to suspend any aspect of the Service, including the right to stop the display of any User data.
2.4 Kargobaz reserves the right to suspend the User's account, restrict their access, remove submitted content, or terminate the membership entirely if it determines that the User has acted in violation of the provisions of this Agreement, the terms of use specified on the Site, or applicable legislation; or in the event of misuse of the Service, attempted fraud, activities threatening system security, infringement of third-party rights, provision of misleading information, or damage to commercial reputation. In such cases, Kargobaz will, where possible, provide the User with written or electronic notice of the situation. Where deemed necessary, immediate action may be taken without prior notice.
2.5 Kargobaz may temporarily suspend access to the Service for reasons such as system maintenance and updates, security measures, or legal obligations. In such cases, it is essential to provide the User with prior notice; however, in situations requiring urgent intervention, a temporary restriction may be imposed without prior notice.
2.6 The Site may contain links to other websites (“Linked Sites”). Kargobaz has no control over or responsibility for the Linked Sites.
2.7 Requests for the shipment of products whose transportation is prohibited under Turkish legislation or the legislation of the relevant country will not be fulfilled, and Kargobaz reserves the right to block access to the Site and the relevant services in such cases.
2.8 Kargobaz will store and use the information and data shared with it by the User in accordance with the “Privacy Policy,” which is supplementary to this Agreement. The User accepts that Kargobaz may share their information with the relevant competent authorities if such authorities request it under applicable legislation.
2.9 Kargobaz reserves the right to make system changes, updates, and restrictions it deems necessary without informing the User.
2.10 Kargobaz does not guarantee the continuity, scope, or availability in specific regions of integration services provided through third-party marketplaces and shopping platforms (such as Amazon, Etsy, Shopify, eBay, and the like). Integrations may be partially or fully restricted, suspended, or terminated due to such platforms' own policies, rules, exclusivity arrangements, or technical infrastructure changes. Kargobaz shall not be held liable for damages arising from such changes.
2.11 The creation of shipments through Kargobaz is subject to the Shipper Agreement published on the Site. The User shall be deemed to have read and accepted such Agreement upon creating the first shipment. The User is required to refer to such Agreement for provisions regarding prohibited items, packaging obligations, customs processes, carrier acceptance conditions, and physical pickup procedures.
3) Rights and Obligations of the User
3.1 The User may not transfer or assign their User account or the rights and obligations arising from this Agreement and the use of the Site to any third party in any way. Those who benefit from the Services provided by Kargobaz and use the Site may only carry out transactions through the Site for lawful and personal/corporate purposes. The legal and criminal liability for every transaction and act carried out by the User within the scope of the Site belongs to the User.
3.2 Access to the Site by the User shall be made using an email address and a password. The User is responsible for maintaining the confidentiality and security of this password, and any activity carried out through the Site using such credentials shall be deemed to have been carried out by the User; all legal and criminal liability arising from such activities shall belong to the User. The User shall immediately notify Kargobaz upon becoming aware of any unauthorized use of their password or any other breach of security.
3.3. The User accepts and declares that they consent to Kargobaz sharing their contact, portfolio status, and demographic information with its affiliates or related companies, solely for use in marketing activities such as promotion, advertising, campaigns, announcements, and the like. Such personal information may be used within Kargobaz for purposes of determining customer profiles, offering promotions and campaigns suitable for those profiles, and conducting statistical studies. The User accepts that the content and other information may be stored by Kargobaz or third parties in data centers located in Türkiye or abroad. The authorization for sharing and use under this article covers only the User's own contact and demographic information; it does not cover personal information of buyers/customers transmitted to Kargobaz through third-party marketplaces and shopping platforms.
3.4 Personal information of buyers/customers (such as name, address, telephone number, email) transmitted to Kargobaz through the marketplaces and shopping platforms with which the User has integrated (such as Amazon, Etsy, Shopify, eBay, and the like) is processed solely for the purposes of creating shipping labels for the relevant shipment, conducting customs procedures, tracking and delivery activities, and fulfilling legal obligations. Such data may not be used for marketing, profiling, campaigns, or sharing with affiliates without the written consent of the relevant platform. The retention period for such data shall be subject to the data protection policy of the relevant platform and, where required, may be shorter than the general retention periods specified in this Agreement.
3.5 Kargobaz shall not use the User, buyer, or shipment data obtained through marketplaces and shopping platforms for the development, training, or improvement of artificial intelligence or machine learning models without the express written consent of the relevant platform or the explicit consent of the User.
3.6 Kargobaz undertakes to comply with the developer/API terms of use, data protection policies, and acceptable use policies of the relevant platforms in its integrations with marketplaces and shopping platforms. The User is also obligated to act in accordance with the seller/user agreements of the relevant platforms when using Kargobaz through these platforms.
3.7 The User accepts that they are obligated to pay all customs duties, import duties, stamp duties, levies, and charges that may arise under the “Delivered Duty Paid (DDP)” delivery method, as well as DDP service fees, in respect of shipments made through Kargobaz; and, regardless of whether the DDP delivery method has been selected, any volume/weight adjustments, address correction, rerouting, return, additional service, fuel surcharge, destination-country surcharges, and any other additional charges or back-billed amounts that may subsequently be charged to Kargobaz by the carrier (such as UPS, FedEx, etc.) in connection with the shipment.
3.8 In this context, the amounts invoiced to Kargobaz by the carrier shall be passed through to the User in full by way of electronic invoicing by Kargobaz. Any related supporting documents will also be transmitted to the User electronically.
3.9 Kargobaz is not a party to the determination of DDP, customs, and other similar charges issued by the carrier and does not accept any liability regarding the accuracy, amount, or method of calculation of such charges. Kargobaz, in its capacity as a reseller of the relevant carrier, passes through to the User the amounts invoiced to it by the carrier. If the User objects to the amounts passed through, the objection will be forwarded by Kargobaz to the relevant carrier; the assessment and response provided by the carrier shall be considered binding on the parties.
4) Intellectual Property Rights
4.1. The User accepts and declares that all intellectual property rights in the Site and within the scope of the Service provided belong to Kargobaz.
4.2. Except where expressly permitted by Kargobaz under this User Agreement, Users may not reproduce, process, distribute, or create or prepare derivative works from Kargobaz's copyrighted works.
5) Fees and Taxes
5.1 Kargobaz does not charge any subscription or fixed membership fee from its users. Service fees are determined based on the number of shipments carried out by the User, the weight and dimensions of the package, the destination country, and the selected carrier and service type. Kargobaz reserves the right to apply automatic discounts based on shipment volume. Service fees and discount terms are made available to the User via the Site; Kargobaz may update pricing, discount, and campaign terms at any time.
5.2 The User is responsible for paying the fees, such as payment and tax, related to the Service in a timely manner using a valid payment method. Unless otherwise stated, all fees are denominated in Turkish Lira (TRY). All payments shall be made using the methods specified within the Service. All fees and charges are earned once received by us and are non-refundable, except as expressly stated and/or required by applicable law.
5.3 The User is obligated to pay any governmental taxes envisaged in connection with their use of the Service, such as sales, use, or value-added tax. To the extent that Kargobaz is required to collect such taxes, the applicable tax will be added to the billing account.
5.4 The authorization to charge the selected payment method shall remain in effect until preferences within the Service are canceled or modified; however, such notice will not affect fees submitted before Kargobaz has had a reasonable opportunity to act on it.
5.5 Kargobaz reserves the right to change any fees or fee limits or amounts for the Service and to establish new fees or terms by giving prior notice to its Users. Service fees collected are non-refundable, except as expressly stated and in cases required by applicable legislation.
5.6 If the User fails to fulfill their payment obligation for service fees provided by Kargobaz in due time, the User accepts that a late payment interest of 0.5% per day will be applied for each day of delay and that this amount may be collected through a separate invoice. The late payment interest is calculated from the date the delay begins until the date collection is completed. This matter has been expressly stated within the scope of this Agreement accepted by the User upon registration with the Site, and it shall be deemed that custom and mutual understanding have been established between the parties as a result of the commercial business relationship. Information regarding the amount and calculation method of the late payment interest invoice will be communicated to the User by email. If the User does not raise a written objection within 8 (eight) days following such notice, the User shall be deemed to have accepted the notified amount of late payment interest.
6) Support Services and Access Hours
6.1 Kargobaz provides its users with support in technical assistance, system support, and account management. Support services are provided on weekdays between 09:00 and 18:00 via email or the live support system.
6.2 Kargobaz targets an average response time of 2 business days for support requests. However, the User accepts that delays may occur due to high volume, technical malfunctions, or force majeure events. The User accepts that such disruptions may occur and shall not hold Kargobaz responsible for any damages arising therefrom.
6.3 In emergencies, security threats, or system failures, support will be provided through priority intervention by Kargobaz.
7) Data Retention and Deletion Policy
7.1 In the event that the User's membership with Kargobaz comes to an end, the User's personal data, activity records, and transaction history on the system shall be retained for a maximum period of 10 (ten) years, subject to applicable legal provisions.
7.2 At the end of this period, such data may either be used for statistical purposes after being anonymized or be completely deleted.
7.3 Following the termination of the service, or upon written request, the User may request the deletion of their personal data. In such case, except for legal obligations, the deletion process shall be completed within 30 days at the latest.
7.4 Personal information of buyers/customers transmitted to Kargobaz through marketplaces and shopping platforms may be deleted or retained for periods shorter than the general periods specified in this article, in accordance with the data retention policy of the relevant platform. In this respect, Kargobaz applies the shorter retention periods required by the relevant platform.
8) Use of the Application and Mobile Service
8.1 Transactions carried out through the mobile application access provided by Kargobaz are considered within the scope of this User Agreement, and users accept that they are bound by this Agreement for all activities carried out through the mobile application as well.
9) Amendments to the Agreement and Notification
9.1 Kargobaz reserves the right to unilaterally amend this Agreement. However, such amendments will be communicated to the User at least 7 (seven) days prior to their entry into force, by notice sent to the email address provided by the User upon registration or through an announcement on the Site.
9.2 If the User does not object to the amendments within 7 (seven) days following such notification, they shall be deemed to have accepted the amendments. In the event of an objection to the amendments, either party may terminate the Agreement.
10) Insurance and Coverage
10.1 Insurance service may be offered as an option for shipments made through Kargobaz. The scope of coverage, maximum liability amount, and exceptional cases are clearly stated to the User, and it is the User's responsibility to request insurance.
10.2 Damages that may arise from uninsured shipments are the responsibility of the carrier under general provisions, and Kargobaz has no liability for such damages.
11) Force Majeure
11.1 Kargobaz is not responsible for failing to fully and timely perform any of its obligations arising from this Agreement and the privacy policy in all cases legally deemed to be force majeure. In the existence of such a circumstance, Kargobaz shall have no liability for compensation.
12) Right of Withdrawal
12.1 If the User qualifies as a consumer, due to this Agreement being concluded remotely (online), the User has the right to withdraw within 14 (fourteen) days without providing any justification and without paying any penalty.
12.2 The right of withdrawal period begins on the day the Agreement is concluded. However, where the software service provided electronically begins to be performed with the User's express consent, the right of withdrawal period begins to run from the date of commencement of performance of the service.
12.3 The User may exercise the right of withdrawal by notifying Kargobaz in writing within the withdrawal period. Notice of withdrawal may be sent to [email protected] or via the contact form available within the system.
12.4 In the event of exercise of the right of withdrawal, the amount collected from the User shall be refunded to the User by the same method of payment within 14 (fourteen) days from the date Kargobaz receives the withdrawal notice. However, if the software service has been wholly or partially performed, the amount corresponding to the performed service shall be deducted from the refundable amount.
12.5 The right of withdrawal under this article does not apply to subscriptions belonging to legal entities acting for commercial or professional purposes, or to professional users.
13) Termination of the Agreement
13.1 Either party may terminate this Agreement at any time, without providing any reason and without paying any compensation, by giving written notice to the other party's notified email address 1 (one) week in advance.
13.2 The invalidity, illegality, or unenforceability of any provision of this Agreement or of any expression contained therein shall not affect the effect and validity of the remaining provisions of the Agreement.
13.3 In 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.