Tradepot Terms and Conditions of Use

1. DEFINITIONS

For the purposes of these Terms and Conditions:

Account means a unique account created for you to access our Service or parts of our Service as buyer or seller/supplier.

Company (referred to as either "Tradepot", "We", "Us" or "Our" in this Agreement) refers to Tradepot Limited Sirketi, Büyükdere Cad. Nurol Plaza No:255 D:21/A, Maslak 34450 Istanbul, Turkey.

Goods refer to the items and products offered for sale on the Service.

Orders mean a request by you to purchase goods offered by sellers/suppliers on the Service.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions of Use that form the entire agreement between You and Tradepot regarding the use of the Service.

Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Tradepot, accessible from Tradepot.com

You means the individual accessing or using the Service, or Tradepot, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. AGREEMENT TO TERMS

These are the Terms and Conditions governing the use of this Service and the Agreement that operates between You and Tradepot. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, buyers, sellers, suppliers, users and others who access or use the Service.

By subscribing to or interacting with other user(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Website in any manner for any purpose, you undertake and agree that you have fully read, understood and accepted the Agreement.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of Tradepot. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your rights related to privacy and data protection and how the law protects you. Please read our Privacy Policy carefully before using our Service.

3. WEBSITE MERELY SERVING AS A PLATFORM AND INTERACTION BETWEEN USERS

The Website merely serves as a platform for bringing business users together to negotiate and interact with other businesses to enter into negotiations and conclude agreements for wholesale or supply of goods as buyers and/or sellers or suppliers of such goods. The Company or Tradepot.com are not parties to any negotiations that take place or agreements concluded between the users of the Website.

Tradepot does not guarantee and is not liable or responsible for the quality, safety, genuineness, lawfulness or availability of the goods offered for sale on the Website. Tradepot also has no control over and cannot be held liable for the non-performance of the obligations arising from any agreement concluded between users of the Website. This agreement does not create in any way any partnership, joint venture, or any other joint business relationship or initiative between Tradepot and any other party.

You agree to fully assume the risks of any transactions conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any goods that are the subject of any such transaction.

Such risks include, but are not limited to, misrepresentation of products and goods, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that that user(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.

Such risks further include the risks that the buyers, end-users of goods and products or others claiming to have suffered injuries or harms relating to products originally obtained by user(s) of the Website as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website may suffer harms and/or assert claims arising from their use of such products.

You agree that Tradepot shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. You are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, you agree to release and indemnify Tradepot (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including but not limited to any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

4. USER ELIGIBILITY AND REPRESENTATION

Tradepot can only be used by individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorized and have the legal capacity under applicable law to enter into legally binding agreements. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in Turkey or other relevant jurisdictions are not eligible to use Tradepot.

By using the Website, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;

2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

3. you have the authorization and legal capacity to act and enter into legal transactions and you agree to comply with these Terms of Use;

4. you are not a minor in the jurisdiction in which you reside;

5. you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise;

6. you will not use the Website for any illegal or unauthorized purpose;

7. your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

5. USER REGISTRATION

When you register on Tradepot and create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You agree to keep your password confidential and will be responsible for all use of your account and password. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your login information and password, whether or not your password provided via a Third-Party Service. You agree not to share your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. PAYMENTS

All payments for paid services offered by Tradepot on the Website and under the agreements concluded between users of the Website shall be made via secure electronic payment methods.

Tradepot does not store any payment data on its servers and all payments are handled by our third party online payment services provider Paylax, based in Germany. All payment data is stored by Paylax. Before making any payments on the Website you agree to the terms and conditions of Paylax, which are accessible on https://paylax.de/en/agb.

7. PROHIBITED ACTIVITIES

You may not access or use Tradepot for any purpose other than that for which we make the Service available. Tradepot may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.

4. Engage in unauthorized framing of or linking to the Website.

5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

8. Attempt to impersonate another user or person or use the username of another user.

9. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

10. Use the Website in a manner inconsistent with any applicable laws or regulations.

8. BIG BUYER ("BB") TERMS OF USE

Under BB banner, Tradepot shall develop a microsite for the user’s company ("BB Company") on the Website. Tradepot shall display all the leads of the BB Company on the microsite, to enable the BB Company to find out suppliers in a short period of time.

BB Company hereby grants Tradepot the right to use its intellectual property on the microsite and Website in relation to the requirements posted by the BB Company on Website. It is clarified that all intellectual property rights in the logos, brands and trademarks of the BB Company used in relation to the above shall vest in the BB Company only.

BB Company shall ensure that the content provided to Tradepot shall not contain any material which is offensive, derogatory, explicit or perverse to any specific race, gender or class of persons or degrading to public conscience or morals and does not breach any applicable law.

Tradepot makes no representations or warranties to BB Company with respect to services provided by Tradepot under BB banner. Tradepot hereby disclaims all warranties express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the services provided by Tradepot under the BB banner.

In no event shall Tradepot be liable to BB Company for any special, exemplary, indirect, incidental, consequential, punitive damages or for any damages arising out of or in connection with respect to the above mentioned service. Apart from the said terms & conditions, the Agreement shall be deemed as a part of BB term and conditions.

9. CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, unless otherwise required by law or judicial or other official requests. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

10. TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service and notify us accordingly via the contact information provided below.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action under applicable laws, including but not limited to pursuing civil, criminal, and injunctive redress.

11. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via secure e-mail and on the Website shall have legal validity. Communications via secure electronic signature shall satisfy any legal requirement under applicable law that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which deny validity to electronic communications and secure electronic signatures and require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

12. NOTICES

All notices or demands to or upon Tradepot shall be effective in writing and shall be deemed duly made when sent to the postal address at Tradepot Limited Sirketi, Büyükdere Cad. Nurol Plaza No:255 D:21/A, Maslak 34450 Istanbul, Turkey or via e-mail with secure electronic signature to help@tradepot.com.

All notices or demands to or upon user shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the user(s) on the Website, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge.

Notice to a user shall be deemed to be received by such user(s) if and when Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such user(s), or immediately upon Website’s posting such notice on an area of the Website that is publicly accessible without charge.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of Tradepot and its licensors.

The Service is protected by copyright and trademark under applicable laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tradepot.

We respect the intellectual and industrial property rights of others. If you believe that any material available on or through the Website infringes upon any copyright or trademark you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to applicable laws you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright or trademark, you should consider first contacting an attorney.

14. GUIDELINES FOR REVIEWS

We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. you should have firsthand experience with the person/entity being reviewed;

2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

4. your reviews should not contain references to illegal activity;

5. you should not be affiliated with competitors if posting negative reviews;

6. you should not make any conclusions as to the legality of conduct;

7. you may not post any false or misleading statements;

8. you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Tradepot or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Tradepot or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

16. DISCLAIMER

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Tradepot, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Tradepot provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Tradepot nor any of Tradepot's provider makes any representation or warranty of any kind, express or implied:

1. as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

2. that the Service will be uninterrupted or error-free;

3. as to the accuracy, reliability, or currency of any information or content provided through the Service;

4. that the Service, its servers, the content, or e-mails sent from or on behalf of Tradepot are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

17. SEVERABILITY AND WAIVER

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach

18. THIRD-PARTY WEBSITES AND CONTENT

The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

19. CORRECTIONS

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

20. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. monitor the Website for violations of these Terms;

2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;

3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your account info or any portion thereof;

4. in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

5. otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

21. GOVERNING LAW AND COURT OF COMPETENT JURISDICTION

These Terms and Conditions of Use and your use of the Website are exclusively governed by and construed in accordance with the applicable provisions of Turkish law.

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be initiated before and heard exclusively by the courts in Istanbul, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction before such courts.

22. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.