User Agreement

1.1. This User Agreement (the "Agreement") entered into force on the date of its electronic approval by the Member, between ShineSoft Yazılım Hizmetleri ve Ticaret Limited Şirketi ("ShineSoft"), MERSIS no. 0769-2498-9370-0001, having its registered office at Sultanselim Mah. Yamaç Sk. No:6 D:3, 34415 Kağıthane/İstanbul, on the one part, and the Member holding the capacity of Buyer and/or Seller, on the other part.

1.2. ShineSoft and the Member shall each be referred to as a "Party" and together as the "Parties".

1.3. The subject matter of this Agreement is the determination of the conditions under which the Member may benefit from the intermediary services offered through the website and mobile application operated by ShineSoft under the BugiBox brand and domain name (the "Platform"), and of the mutual rights and obligations of the Parties.

1.4. The Delivery and Return Terms, the Preliminary Information Form, the Distance Sales Agreement and the Privacy Policy and Information Notice on the Protection of Personal Data published on the Platform constitute annexes to and integral parts of this Agreement.

1.5. By becoming a Member of the Platform, the Member accepts, declares and undertakes that they have read, understood and accepted this Agreement and its annexes in their entirety.

2.1. "Platform": the website, mobile application and all extensions thereof operated by ShineSoft under the BugiBox brand and domain name.

2.2. "Member": any natural or legal person who registers with the Platform and approves this Agreement.

2.3. "Seller": a Member who lists and offers a Product for sale on the Platform.

2.4. "Buyer": a Member who purchases, or submits an offer to purchase, a Product through the Platform.

2.5. "Product": the used/second-hand electronic item offered for sale by the Seller on the Platform.

2.6. "Listing": the content created on the Platform by the Seller for the purpose of offering a Product for sale.

2.7. "Intermediary Services": the technical and electronic services provided by ShineSoft to enable the Buyer and the Seller to come together on the Platform, communicate, create orders, collect payment, create consignments and conduct return processes.

2.8. "Commission" means the amount deducted from the payment to be made to the Seller upon completion of the sale, calculated at 6% (six per cent) of the Product price.

2.9. "Secure Payment": the system whereby the amount paid by the Buyer is held without being transferred to the Seller until delivery has occurred and the confirmation process has been completed.

3.1. In order to become a Member of the Platform, it is required that (i) the person has legal capacity and has attained the age of 18, and (ii) no account previously opened on the Platform has been suspended or closed by ShineSoft.

3.2. The Member accepts, declares and undertakes that the information provided upon registration is accurate, current and complete, and that any changes to such information will be updated without delay.

3.3. The Member is personally responsible for the confidentiality and security of the password used to access their account. All transactions carried out using such credentials shall be deemed to have been carried out by the Member and are binding upon the Member.

3.4. The Member is obliged to notify ShineSoft without delay upon becoming aware of any unauthorised use of their account.

3.5. The Member may not transfer, lease or allow the use of their account to third parties.

3.6. A Member may not open more than one account without ShineSoft's written approval. It is prohibited for the holder of a suspended or closed account to open a new account.

3.7. Where the electronic mail address has not been verified, the Member's ability to carry out commitment-creating transactions such as making offers, purchasing, paying and defining payment details may be restricted.

3.8. ShineSoft communicates with the Member through the Member's registered electronic mail address and the in-Platform notification system. The Member is obliged to keep their contact details up to date.

4.1. The Member accepts, declares and undertakes that they shall use the Platform solely for purposes compliant with the law and this Agreement, and that legal and criminal liability for every transaction and act carried out on the Platform rests with them.

4.2. The Member accepts, declares and undertakes that, when choosing a username and adding content to the Platform (including sending messages and posting reviews), they shall not include expressions that are unlawful, criminal, threatening, insulting or abusive, degrading, discriminatory, pornographic, contrary to morality, infringing of third parties' personality or intellectual property rights, or creating unfair competition.

4.3. The Member accepts, declares and undertakes not to direct other Members to channels outside the Platform, not to use the messaging feature for that purpose, and not to attempt to move the sale off the Platform. In the event of breach of this rule, the account may be suspended or closed.

4.4. The Member may not engage in conduct that obstructs the operation of the Platform, imposes excessive load on it or endangers its security; may not use automated data collection tools, carry out reverse engineering or attempt to access the source code.

4.5. The Member may not create untrue Listings, manipulate the pricing or rating system, or create fake accounts or fake transactions.

4.6. The Member is obliged to use personal data of other Members obtained through the Platform solely for the purpose of performing the relevant transaction; such data may not be stored, reproduced, shared with third parties or used for marketing purposes.

4.7. In the event of breach of this article, ShineSoft is entitled to request that the breach be remedied, and also to remove the content, suspend the account or close it without prior notice.

5.1. The Buyer accepts that, upon purchasing a Product on the Platform or upon their offer being accepted by the Seller, an order arises in respect of the relevant Product and an obligation to pay comes into existence.

5.2. The Buyer accepts that ShineSoft is not a party to the sales contract between the Buyer and the Seller, and that claims concerning the characteristics of the Product, its defects and its conformity with its description may be directed to the Seller.

5.3. The Buyer accepts that the Product price shall be collected by ShineSoft on behalf of the Seller, and that by paying the price to ShineSoft the Buyer shall be deemed to have discharged its debt towards the Seller.

5.4. In order to create an order, the Buyer is obliged to maintain in their account a delivery-capable address including province, district, open address, building number and mobile telephone details, and is responsible for the accuracy of such information.

5.5. The Buyer is obliged to take delivery of the Product purchased. Where delivery is not taken, the relevant provisions of the Delivery and Return Terms shall apply.

5.6. The Buyer's right of return and the procedure for exercising it are set out in the Delivery and Return Terms and the Preliminary Information Form.

5.7. The Buyer may not make offers or create orders without an intention to purchase. In the event of repetition of such conduct, the account may be suspended.

6.1. The Seller accepts, declares and undertakes that they are the owner of the Product offered for sale on the Platform; that no third-party rights such as ownership, pledge or attachment exist over the Product; that the Product is not stolen; and that its sale is not contrary to law.

6.2. The Seller is obliged to state the brand, model, technical specifications and condition of the Product in the Listing accurately, completely and truthfully, and to expressly declare any damage, defect or deficiency in the Product.

6.3. The Seller accepts, declares and undertakes that the images used in the Listing belong to the Product actually offered for sale and do not infringe the rights of third parties.

6.4. The Seller is obliged to dispatch the Product within 72 (seventy-two) hours following formation of the order. Where this period is not observed, the order shall be cancelled automatically and a full refund shall be made to the Buyer.

6.5. Upon accepting an offer or upon the Product being purchased via "Buy Now", the Seller shall be deemed to have undertaken to sell and may not unilaterally cancel the resulting order.

6.6. In order for the sale price to be transferred, the Seller is obliged to submit the information and documents requested by the contracted payment institution within the scope of its statutory identification obligations, and to complete its sub-merchant registration.

6.7. The Seller may not notify an IBAN that is not registered in its own name.

6.8. The Seller is obliged to package the Product with packaging appropriate to its nature and shall be liable for damage occurring during carriage as a result of insufficient packaging.

6.9. The Seller accepts that, where they act for commercial or professional purposes, obligations arising from consumer legislation rest personally with them.

6.10. The Seller accepts, declares and undertakes that obligations arising from tax legislation rest personally with them, and that they shall fulfil their declaration and payment obligations in respect of income derived through the Platform.

6.11. Listings created are reviewed by ShineSoft before publication and are published only if approved. Where a published Listing is edited by the Seller, it is placed under review again and withdrawn from publication until the review is completed. The review is a check of compliance with the Platform Rules and does not constitute any approval, certification or warranty as to the characteristics, condition or value of the Product.

6.12. ShineSoft may apply an upper limit on the maximum Product price that may be stated in a Listing. The limit in force is announced on the Platform and Listings above that limit cannot be published.

7.1. Products whose sale is prohibited by legislation or subject to permission may not be offered for sale on the Platform.

7.2. Stolen or smuggled devices, devices brought into the country contrary to customs legislation, and devices without an IMEI record or unregistered devices may not be offered for sale.

7.3. Counterfeit or fake products, or products presented as genuine when they are not, may not be offered for sale.

7.4. Devices bearing another person's user account, lock or security software and therefore unusable may not be offered for sale without that fact being expressly stated.

7.5. ShineSoft is entitled to remove Listings determined to be in breach of this article without prior notice and to take action in respect of the relevant account.

7.6. By virtue of its capacity as intermediary service provider, ShineSoft is not obliged to review Listing content in advance; however, it shall take the necessary steps where unlawfulness is notified or determined.

8.1. Becoming a Member of the Platform and creating Listings are free of charge.

8.2. No commission or service fee other than the Product price and, where applicable, the carriage fee is collected from the Buyer. Carriage fees borne by the Buyer in return processes under the Delivery and Return Terms are reserved.

8.3. Upon completion of the sale, the Commission calculated at 6% (six per cent) of the Product price is deducted from the payment to be made to the Seller. The Commission is charged to the Seller only and is not charged on sales that are not completed or that end in a return.

8.4. ShineSoft may change the Commission rate by announcing it on the Platform at least 30 (thirty) days in advance. Any change applies only to orders created after the announced effective date.

8.5. Which party bears the carriage fee is stated separately in each Listing and may be the Buyer, the Seller or ShineSoft. Where borne by the Buyer, it is paid at the time of the order and remitted to the carrier; where borne by the Seller, it is deducted from the payment to the Seller. Detailed rules are set out in the Delivery and Return Terms.

9.1. Intellectual and industrial property rights over all elements and content relating to the Platform (including trading name, trade marks, designs, logos, software, source code, databases, interfaces, texts and images) belong to ShineSoft.

9.2. The granting to the Member of authority to access the Platform and benefit from the Intermediary Services does not mean that the Member is granted any right over ShineSoft's intellectual and industrial property rights.

9.3. The Member may not copy, reproduce, distribute, adapt, reverse engineer or use for commercial purposes the content of the Platform, in whole or in part.

9.4. The Member declares that the rights over content uploaded to the Platform belong to them or that they hold the authority to use it.

9.5. The Member permits ShineSoft to use, reproduce and publish the Listing images and content uploaded to the Platform for the purposes of providing the Intermediary Services and displaying the Product on the Platform and in the Platform's promotional channels.

9.6. Applications alleging infringement of third parties' intellectual property rights may be submitted to destek@bugibox.com. ShineSoft shall assess the application and take the necessary steps.

10.1. ShineSoft holds the capacity of intermediary service provider and hosting provider pursuant to Law No. 6563 on the Regulation of Electronic Commerce. Products offered for sale on the Platform are listed by Sellers, and ShineSoft is not the seller, manufacturer or importer of the Products.

10.2. ShineSoft is not obliged to investigate the accuracy of information, documents and content uploaded to the Platform by Members, nor to warrant their lawfulness.

10.3. As ShineSoft is not a party to the sales relationship between the Buyer and the Seller, it cannot be held liable for obligations relating to the characteristics of the Product, its defects, its conformity with its description or the transfer of possession.

10.4. ShineSoft provides the Intermediary Services on an as-is basis and does not warrant that the Platform will operate uninterrupted and error-free. Service may be temporarily suspended for maintenance, updates and technical necessities.

10.5. ShineSoft cannot be held liable for disruptions originating from the carriage service provider, the payment institution or other third parties.

10.6. No provision of this Agreement may be interpreted so as to exclude or limit ShineSoft's statutory liability for damage arising from its own fault.

11.1. This Agreement is in force for an indefinite term from the date of its electronic approval by the Member.

11.2. The Member may terminate the Agreement at any time, without giving any reason, by closing their account. Where there are ongoing order, payment or return processes, the Agreement shall remain in force in respect of those transactions until they are completed.

11.3. Where the Member acts in breach of this Agreement, its annexes or legislation, ShineSoft is entitled to suspend the account temporarily, remove Listings, or terminate the Agreement by closing the account.

11.4. In cases of serious breach such as fraud, fraudulent listings, sale of stolen products or abuse of the payment system, ShineSoft may close the account immediately without prior notice.

11.5. Where the account is closed, the Member's obligations arising from incomplete transactions shall continue.

11.6. Termination of the Agreement shall not affect rights and receivables of the Parties that arose before the date of termination.

12.1. The Member's personal data are processed in accordance with Law No. 6698 on the Protection of Personal Data and related legislation.

12.2. The purposes for which and the legal grounds on which personal data are processed, the parties to whom they are transferred, the retention periods and the rights of the data subject are set out in detail in the Privacy Policy and Information Notice on the Protection of Personal Data published on the Platform.

12.3. The Member accepts that they may hold the capacity of data controller in respect of personal data of other Members obtained through the Platform, and that they are obliged to use such data solely for the purpose of performing the relevant transaction.

13.1. ShineSoft is entitled to amend this Agreement and its annexes unilaterally by announcing the amendment on the Platform.

13.2. Amendments take effect on the date of their publication on the Platform. The Member's continued use of the Platform after publication of an amendment shall mean that the Member accepts the amendment.

13.3. Where an amendment creates a material change in the Member's rights and obligations, the amendment shall additionally be notified to the Member's registered electronic mail address. Should the Member not accept the amendment, they may terminate the Agreement by closing their account.

13.4. Notifications to be made by ShineSoft to the Member shall be made to the Member's registered electronic mail address and/or through the in-Platform notification system.

14.1. The Member may not assign or transfer rights and obligations arising from this Agreement to third parties without ShineSoft's written approval.

14.2. The failure of either Party to exercise a right arising from the Agreement shall not mean that such right has been waived.

14.3. Should any provision of this Agreement be held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4. In cases of force majeure beyond the Parties' control such as flood, earthquake, fire, epidemic, cyber attack, and infrastructure and communication failures, the Parties shall not be held liable for their failure to perform their obligations, limited to the period during which such circumstances continue.

14.5. The laws of the Republic of Türkiye shall apply to the application and interpretation of this Agreement. The Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over disputes that may arise from the Agreement. Where the Member holds the capacity of a consumer, the provisions concerning the jurisdiction of Consumer Arbitration Committees and Consumer Courts are reserved.

14.6. For questions and requests under this Agreement, ShineSoft may be contacted at destek@bugibox.com.

14.7. This Agreement entered into force on the date of its electronic approval by the Member.