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Draft text. The legal review is not finished yet; fields in square brackets will be filled in with company details.

This English translation is provided for convenience. If it conflicts with the Turkish text, the Turkish text prevails.

User Agreement

Last updated: [date]

1. Parties

This agreement is formed electronically between [company name] (MERSİS [MERSİS no.], [address]; "PayDM" from here on) and the person who uses the paydm platform (website and mobile apps) as a seller or buyer ("User"), at the moment the User opens an account or pays with a PayDM payment link.

2. Definitions

  • Seller: A User who sells goods or services by creating a payment link on PayDM.
  • Buyer: The person who pays with a payment link.
  • Payment institution: N Kolay Ödeme ve Elektronik Para Kuruluşu A.Ş. (Paynkolay), licensed by the Central Bank of the Republic of Turkey (TCMB) under Law No. 6493.
  • Transaction: A sale that starts with a payment link and consists of the payment, shipping, approval, and transfer or refund steps.

3. Nature of the service

PayDM is an intermediary service provider under Law No. 6563 on the Regulation of Electronic Commerce. It offers buyers and sellers who agree on a sale over social media and messaging apps a payment link, order tracking, messaging and a dispute process.

PayDM is not the seller of the product sold and is not a party to the sales contract between the buyer and the seller. The seller is responsible for the product's nature, defects, delivery, price and legal compliance. PayDM is not a payment institution and does not hold user funds; card payments are taken through the payment institution's infrastructure, and the payment institution's own agreements and terms also apply.

4. Account

  • To open an account, you must be at least 18 years old and have the capacity to discern. The email address is confirmed with a verification code.
  • The User is responsible for the information they give being accurate and up to date. Protecting the account details is the User's responsibility.
  • The Seller gives accurate identity, address and bank details. The IBAN must be in the seller's own name, or in the company's name if the seller is a company.
  • A User who suspects their account has been used without permission changes their password and tells PayDM immediately.

5. How a transaction works

  • The Seller creates a payment link by setting the product, the price, the shipping fee and the latest shipping time.
  • The Buyer sees this information, the pre-information form and the distance sales contract on the link, approves them and pays.
  • The Seller ships the product within the stated time and enters the tracking number. If an order is not shipped within this time and the 2 days after it, its price is refunded to the buyer. Once the shipping time has passed, the buyer can also cancel the order.
  • The Buyer approves the product when they receive it. If they neither approve nor report a problem within the delivery period plus 3 days after shipping, the order is considered approved.
  • The price of an approved transaction is transferred to the Seller's IBAN after deducting the PayDM service fee and legal deductions. The transfer cannot be reversed.

6. Problem reports and disputes

The Buyer can report a problem from the order page before approval. A report stops the time limits and the price is not transferred to anyone. The Seller writes their response; PayDM reviews the parties' statements, messages and shipping records and decides whether the price is transferred to the seller, refunded to the buyer, or the process continues. This decision does not remove the parties' right to apply to consumer arbitration committees and courts; PayDM complies with the decisions of official authorities.

7. Fees and taxes

Buyers are not charged a fee. A service fee of 2.5% of the total amount of each completed transaction is deducted from the Seller. Under Presidential Decree No. 9284, income tax is withheld at a rate of 1% from payments made by e-commerce intermediary service providers and declared on the seller's behalf. The Seller is responsible for their own tax, invoicing and record-keeping obligations. Fee changes are announced at least 15 days before they take effect.

8. Seller's obligations

  • To send the product as described on the link, within the promised time and with trackable shipping.
  • If selling for commercial or professional purposes, to fulfil the information, right of withdrawal, invoicing, ETBİS registration and other obligations under Law No. 6502, the Distance Contracts Regulation and Law No. 6563; and to declare the seller type correctly.
  • Not to sell through PayDM any products whose sale is prohibited or requires a permit: weapons and ammunition, narcotic and stimulant substances, prescription medicines, fake or counterfeit products, stolen goods, live animals, tobacco and alcoholic drinks, gambling and games of chance, crypto assets, personal data, obscene content and other products and services prohibited by law.
  • To use the Buyer's personal data only to fulfil the order.

9. Buyer's obligations

  • To give accurate delivery and contact details.
  • To approve the product or report a problem within the time limit after receiving it; and not to make false problem reports.

10. Security and suspension

In case of suspected fraud or proceeds of crime, sale of prohibited products, false information, breach of this agreement or a request from competent authorities, PayDM and the payment institution may stop the transaction, hold the transfer of the price, suspend the account and make notifications required by law, including Law No. 5549.

11. Limitation of liability

PayDM provides the service with due care. Unless it is at fault, it is not liable for damages arising from the product itself, from correspondence between the parties, or from the services of shipping companies and the payment institution. Consumer rights arising from law are reserved.

12. Intellectual property

The PayDM brand, software and design belong to [company name]. The Seller accepts that the product images and descriptions they upload belong to them or that they have the right to use them, and that they allow these to be shown on the payment page.

13. Personal data

Personal data is processed as described in the KVKK Privacy Notice.

14. Changes and termination

PayDM may update this agreement; changes against the User are announced by email or on the platform at least 15 days before they take effect. The User can end their account at any time with the closure request on the Settings page; the account is closed after open transactions are completed. If the agreement is breached, PayDM may terminate it by notice.

15. Evidence and notices

The parties accept that PayDM's electronic records, system logs and email correspondence are conclusive evidence under article 193 of Code of Civil Procedure No. 6100 (HMK). Notices are sent to the User's registered email address.

16. Governing law and jurisdiction

This agreement is governed by Turkish law. Consumers may apply to consumer arbitration committees within the monetary limits set each year by the Ministry of Trade, and to consumer courts above those limits. For other disputes, the courts and enforcement offices of Istanbul [Çağlayan] have jurisdiction.

17. Contact

[company name], [address]. Email [email], KEP [KEP address]. Other details are on the Imprint page.