Article 1 — Service Provider Details
Address: Şabanoğlu Mah. 62 Cad. No: 10 Tekkeköy/Samsun
Phone: +90 535 718 99 78
E-mail: info@akillitasima.com
Tax Office: 19 Mayıs
Tax No: 1440062439
Web: akillitasima.com
Article 2 — Service Recipient (Carrier) Details
The name/surname or trade name, tax number, address, phone and e-mail details of the Carrier receiving the service are taken automatically from the system by the Platform at the moment of matching and are included in the invoice issued.
Article 3 — Subject of the Agreement
3.1. The subject of this Agreement is the provision to the Carrier of the brokerage service (matching, communication infrastructure) provided by the Platform in return for the match established when an Offer made by the Carrier in response to a Listing on the akillitasima.com Platform is accepted by the Shipper, and the payment of the Commission fee by the Carrier to the Platform in return.
3.2. The service provided by the Platform is a digital brokerage service provided within the scope of the activity of an electronic commerce intermediary service provider within the meaning of the Law No. 6563 on the Regulation of Electronic Commerce.
3.3. The Platform is NOT a party to the transport contract between the Carrier and the Shipper. The Platform cannot be held liable for the performance of the transport service, the payment of the transport fee, or any dispute or damage that may arise during transport.
Article 4 — Nature of the Service and Commission Fee
4.1. Nature of the Service: The Platform reveals the Shipper's identity and contact details to the Carrier at the moment the Carrier's Offer is accepted and the Commission payment is completed. With the revealing of this information, the brokerage service is deemed to have been performed instantly in the electronic environment.
4.2. Commission Fee:
| Item | Description |
|---|---|
| Commission Rate | %5 (the current rate at the time of agreement) |
| VAT Rate | %20 |
| Collection Method | After the agreement, via virtual POS, calculated on the basis of the agreed offer price |
| Document | An e-invoice/invoice is issued to the Carrier in return for the commission |
4.3. The commission rate is published up to date by the Platform on the Website, and the rate in force at the time of the agreement applies.
Article 5 — Payment Method
5.1. The Commission fee is paid by the Carrier to the Platform via virtual POS (credit card / debit card). The payment infrastructure is provided by PayTR Ödeme ve Elektronik Para Hizmetleri A.Ş.
5.2. Payment is made with the 3D Secure protocol. The Carrier's card details are not stored, viewed or processed by the Platform.
5.3. Unless the payment is completed, the Shipper's identity and contact details are not revealed to the Carrier; in other words, the brokerage service is not deemed to have been performed.
5.4. The Platform issues an e-invoice or invoice to the Carrier within the legal time limits in return for the commission fee paid.
Article 6 — Performance of the Service
6.1. The brokerage service is deemed to have been performed immediately and in full at the moment the Shipper's identity and contact details are displayed to the Carrier in the electronic environment following the successful completion of the Commission payment.
6.2. By its nature, the brokerage service falls into the category of a "service performed instantly in the electronic environment". Therefore, once performance is complete, it is technically and practically impossible to take the service back.
Article 7 — Right of Withdrawal and Exceptions
7.1. The Carrier's right of withdrawal under this Agreement:
- Pursuant to Article 15, paragraph 1, subparagraph (ğ) of the Distance Contracts Regulation, "services performed instantly in the electronic environment" fall within the exceptions to the right of withdrawal.
- Pursuant to subparagraph (h) of the same article, the right of withdrawal cannot be exercised either for "services whose performance has begun with the consumer's approval before the expiry of the withdrawal period".
- Since the Carrier in most cases does not have the status of a consumer (acting within the scope of commercial activity as a taxpayer), the Carrier is not subject to the right of withdrawal under the Consumer Protection Law No. 6502.
7.2. For these reasons, once the Commission payment has been made and the Shipper's details have been revealed to the Carrier, the Carrier has no right of withdrawal and the Commission fee cannot be refunded.
7.3. For the exceptional refund conditions of the Commission fee, the Platform's Refund and Cancellation Policy applies.
Article 8 — General Provisions
8.1. This Agreement is an annex to and an integral part of the Platform's Membership Agreement and Terms of Use. The limitations of liability set out in favour of the Platform in the Membership Agreement also apply to this Agreement.
8.2. By approving this Agreement electronically, the Carrier declares that they have read, understood and accepted the nature of the service, the commission fee, the payment method, the exceptions to the right of withdrawal and all other terms.
8.3. Turkish law applies to disputes arising from this Agreement, and the Courts and Enforcement Offices of Samsun have jurisdiction.
Article 9 — Entry into Force
This Agreement enters into force upon the Carrier's electronic approval and the successful completion of the Commission payment.