Terms of Use and Membership Agreement

This English version is provided for information only. In case of any discrepancy, the Turkish version prevails.

These Terms of Use and Membership Agreement (the “Agreement”) govern the rights and obligations relating to the use of the electronic commerce marketplace and online auction platform (the “Platform”) operated under the “Antiquus” brand by ELBOS PROFESYONEL HASSAS TEKNOLOJİ ÜRÜNLERİ SERVİS VE DANIŞMANLIK HİZMETLERİ LİMİTED ŞİRKETİ (the “Company”) through the antiquus.com.tr domain name and its subdomains. The Company’s identification and contact details are set out in the “Service Provider Details” section at the end of this page and on the Imprint page.

Every natural or legal person who becomes a member of the Platform, browses the Platform, places an order or submits a bid (the “User”) declares that they have read, understood and accepted this Agreement. Approval given electronically during membership registration is sufficient for the conclusion of the Agreement.

1. Definitions

• Intermediary Service Provider: The Company, which provides the electronic environment for the commercial activities of others pursuant to Law No. 6563 on the Regulation of Electronic Commerce (the “E-Commerce Law”) and the Regulation on Intermediary Service Providers and Electronic Commerce Service Providers in Electronic Commerce.
• Seller: The antique dealer or business that lists products on the Platform following the Company’s approval, is the owner of the product and is a party to the sales contract. The Seller’s trade name and tax details are displayed on the product page, in the seller storefront and in the order summary.
• Buyer: The User who places an order on the Platform via “Buy Now” or wins an auction. A Buyer acting for purposes other than commercial or professional purposes is a “Consumer” within the meaning of Law No. 6502 on Consumer Protection (the “Consumer Protection Law”).
• Expert: An independent or contracted expert who, on behalf of the Company, examines products and gives an opinion on them before they are published.
• Escrow Account: The Company bank account in which Buyer payments are held on behalf of the Seller until the order is concluded, and whose IBAN is displayed on the order screen.
• Auction: The sales method by which a product is offered in an online public auction with a specified starting price, bid increment and duration.

2. Nature of the Platform and the Company’s role

2.1. The Company is not the seller of the products listed on the Platform by Sellers; the party to the sales contract concluded between the Buyer and the Seller is the Seller. In its capacity as intermediary service provider, the Company provides the electronic environment, collects payment in the Escrow Account on behalf of the Seller and, depending on the outcome of the order, transfers it to the Seller or refunds it to the Buyer.

2.2. For products offered for sale by the Company in its own name, the Seller is the Company; this is clearly indicated on the product page and in the order summary.

2.3. Pursuant to Art. 9 of the E-Commerce Law, the Company is not obliged to monitor the content provided by Sellers or to investigate whether any unlawful activity is involved. Nevertheless, products on the Platform undergo Expert review and Company approval before being published (Article 6). Content reported or found to be unlawful is removed from publication in accordance with the legislation and this Agreement (Article 12).

3. Membership

3.1. Membership is open to natural persons who have reached the age of 18 and have the capacity to discern, and to legal persons acting through their authorised representatives. By becoming a member, the User declares that they meet these requirements. If it becomes apparent that a person under the age of 18 has become a member, the membership will be terminated.

3.2. The User acknowledges that the information provided during membership registration and when placing orders is accurate, complete and up to date and, for corporate purchases, that the trade name and tax details are accurate. Liability arising from incorrect information rests with the User.

3.3. The account is personal; it may not be transferred or made available for use by any other person. The User is responsible for the confidentiality of their password and for transactions carried out through their account. If unauthorised use is suspected, the User must immediately change their password and notify the Company.

3.4. Verification of the e-mail address is mandatory in order to submit bids.

3.5. The User may close their account at any time using the “Close my account” function on the profile page. An account cannot be closed while there is an ongoing order or auction bid. When an account is closed, personal data is anonymised; order, invoice and consent records subject to a statutory retention obligation are de-identified and retained for the period prescribed by the legislation.

4. Rules of use

The User agrees to use the Platform in accordance with the law, morality and this Agreement and, in particular, not to engage in any of the following conduct:

• bidding on their own products or the products of connected persons in order to artificially inflate the price (“shill bidding”), colluding with other Users regarding bids, or disrupting the normal functioning of an auction;
• using communications established through the Platform with a Seller or Buyer for the purpose of making sales outside the Platform, or directing parties so as to bypass payment through the Platform;
• using another person’s identity, account or payment instrument; uploading false, misleading or unlawful content;
• carrying out any operation that damages or places excessive load on the Platform’s software, servers or security, or that constitutes automated data collection (bots, scrapers) or reverse engineering;
• uploading files containing malware (uploaded files are automatically scanned for malicious content and suspicious files are rejected);
• infringing intellectual property rights, personality rights or the legislation on the protection of personal data.

5. Prohibited products

The following products may not be listed or sold on the Platform:

• cultural property whose trade is prohibited, or which may not be traded without the required licences, permits and documents, under Law No. 2863 on the Protection of Cultural and Natural Property and the related regulations; archaeological finds from illicit excavations or of unknown origin;
• works that are stolen, obtained through smuggling or whose ownership is disputed;
• products presented as originals although they are imitations, fakes or copies; products infringing trademark rights or copyrights;
• firearms, ammunition and prohibited knives within the scope of Law No. 6136; explosive and hazardous substances;
• products derived from endangered species whose trade without documentation is prohibited under CITES and the related legislation (e.g. ivory);
• human remains; other products whose sale is prohibited or subject to authorisation under the legislation.

The export of movable cultural property requiring protection is prohibited under Law No. 2863. For sales made through the Platform, delivery is made only to addresses in Türkiye; liability arising from taking the product out of the country rests with the Buyer.

6. Product information and Expert review

6.1. The description, condition, dimensions, period, origin (provenance), images and price of products are determined by the Seller; the Seller is responsible for the accuracy of this information. Antiques and collectibles are used products; they may bear wear, repairs and marks consistent with their age.

6.2. Every product published on the Platform is examined by an Expert and approved by the Company before publication. The authenticity opinion, assessment summary, estimated value range, Expert’s name and review date displayed on the product page reflect the professional assessment made by the Expert on the basis of the images and information provided by the Seller. The estimated value range is a market estimate; it does not constitute an undertaking as to the sale price, future value or resale price.

6.3. The Expert review does not relieve the Seller of liability arising from defective performance and misrepresentation; the Buyer’s rights under the Consumer Protection Law and the Turkish Code of Obligations No. 6098 (“TCO”) are reserved.

7. Purchasing via Buy Now

7.1. Before placing an order for the products in the basket, the Buyer reads and electronically approves the Preliminary Information Form and the Distance Sales Contract. For products belonging to different Sellers, a separate order is created for each Seller.

7.2. The order is concluded upon the Buyer’s approval giving rise to a payment obligation. Payment is made only by bank transfer/EFT to the Escrow Account specified on the order screen, with the order reference code entered in the description. The payment period is displayed on the order screen (72 hours by default); an order not paid within this period is automatically cancelled and the product is made available for sale again.

7.3. After making the transfer, the Buyer submits a payment notification from the order page and may upload the receipt. Payment is confirmed after the Company has matched it against bank records. The Buyer may cancel the order before submitting the payment notification; after the notification, the provisions on withdrawal and disputes apply instead of cancellation.

8. Auction rules

8.1. The starting price, bid increment, and start and end times of each auction are displayed on the listing page. The Seller may set a reserve (minimum sale) price; the reserve price is not disclosed, and only whether or not it has been met is displayed. No sale takes place in an auction that ends without the reserve price being met.

8.2. The first bid may not be lower than the starting price, and subsequent bids may not be lower than the sum of the current price and the bid increment. Before their first bid, the User approves the Preliminary Information Form and the Distance Sales Contract for that auction.

8.3. Proxy (automatic) bidding: The User may enter the maximum amount they are prepared to pay. The system bids on behalf of the User only as much as is necessary to outbid competing bids, in steps of the bid increment and without exceeding the maximum amount entered. Where maximum amounts are equal, the one submitted first takes priority. The leading User may only raise their own maximum amount; this does not increase the displayed price.

8.4. Time extension: If a bid that changes the displayed price is submitted in the final minutes of the auction (by default, the last 2 minutes), the end time is extended by the period specified on the listing page (2 minutes by default). The number of extensions is limited by the listing settings. In the event of a technical failure or extraordinary circumstances, the Company may extend the auction duration, recording its reasons.

8.5. Binding nature of bids: A bid submitted is a binding declaration of intent to purchase and cannot be withdrawn by the User. In exceptional cases such as an obvious typographical error, unauthorised use of the account or a breach of the auction rules, the Company may withdraw the bid while the auction is ongoing, recording its reasons; in this case, the result is redetermined on the basis of the remaining bids.

8.6. The Seller may not bid on their own product. The names of bidders are shown to other Users in masked form.

8.7. Conclusion of the auction: At the end of the auction, the User who has submitted the highest valid bid and met the reserve price wins the product; at that moment a sales contract is concluded between the winner and the Seller, and an order is created in the winner’s name. The winner is obliged to make payment within the period specified on the order screen. An order not paid within that period is cancelled; the Company may restrict the bidding rights of, or suspend the membership of, a User who fails to fulfil their payment obligation.

8.8. The Seller may cancel a scheduled auction that has not received any bids. The Company may cancel an auction, recording its reasons, in cases of unlawfulness, an incorrect listing, the product ceasing to be fit for sale, or technical failure. A product that is not sold or not paid for may be put up for auction again.

8.9. The right of withdrawal of a winner who is a Consumer is reserved in accordance with the provisions of the Distance Sales Contract.

9. Delivery, withdrawal and disputes

9.1. A product whose payment has been confirmed is prepared and handed over to the carrier by the Seller; the carrier and tracking number are displayed on the order page. Delivery is made within 30 days at the latest from the conclusion of the contract.

9.2. The Consumer may exercise the right of withdrawal without giving any reason within 14 days from the date of receipt of the product. The right of withdrawal is exercised using the “Use my right of withdrawal” function on the order page or by written notice to the Company. Details are set out in the Distance Sales Contract.

9.3. After the product has been shipped, in cases such as the product not conforming to the advertised characteristics, arriving damaged or not arriving at all, the Buyer may open a dispute from the order page. For completed orders, a dispute may be opened within the period specified in the settings (14 days by default) from the completion date and before payment has been transferred to the Seller. For the duration of the dispute, the relevant payment is held in escrow; the Company, after hearing the parties, decides whether the payment is to be transferred to the Seller or refunded to the Buyer. This decision does not remove the parties’ right to apply to the courts and to the Consumer Arbitration Committee.

9.4. Payments are not transferred to the Seller until the withdrawal period and any dispute have been concluded.

10. Intellectual property

The design and software of the Platform, the “Antiquus” trademark and logo, the database and all content produced by the Company belong to the Company and may not be used without permission. Sellers and Users declare that they hold the necessary rights to the images and texts they upload to the Platform and grant the Company a non-exclusive licence to use such content free of charge, without limitation as to time or territory, for the purposes of operating and promoting the Platform.

11. Limitation of liability

11.1. The Company is not liable in the capacity of Seller for the defect-free delivery of the product, the accuracy of the product description or the performance of the sales contract; its obligations under the legislation as an intermediary service provider are reserved.

11.2. The Company exercises reasonable care to ensure that the Platform operates without interruption or error. Unless it has acted with intent or gross negligence, it is not liable for interruptions caused by scheduled maintenance, force majeure, internet infrastructure or third parties, or for bids that could not be submitted due to such interruptions.

11.3. With respect to Users who are not Consumers, the Company’s total liability arising from this Agreement, except in cases of intent and gross negligence, is limited to the service fee paid to the Company for the transaction that is the subject of the dispute. This article applies subject to Art. 115 of the TCO and the mandatory provisions of the Consumer Protection Law.

12. Notice of unlawful content and complaints

You may report a listing that you consider unlawful, infringing your rights or constituting a prohibited product, together with the listing link and your reasons, via the contact form or the e-mail address in the “Service Provider Details” section. The Company reviews the notice; if unlawfulness is established, it removes the content from publication, informs the relevant Seller and, where necessary, cooperates with the competent authorities. Complaints relating to orders and services are also submitted through the same channels and are answered within 15 days at the latest.

13. Suspension and termination of membership

In the event of a breach of this Agreement, the legislation or the auction rules, failure to fulfil a payment obligation, false or misleading information, suspected fraud or a request from a competent authority, the Company may temporarily suspend the User’s account, restrict their bidding rights or terminate their membership. Suspension or termination does not extinguish the rights and obligations arising from ongoing orders.

14. Personal data and cookies

Information on the processing of personal data is set out in the KVKK Information Notice, the Privacy Policy and the Cookie Policy. Commercial electronic messages are sent only on the basis of separately given consent (Consent to Commercial Electronic Messages).

15. Notices and evidence

Notices between the parties are made to the e-mail address registered in the User’s account and via notifications within the Platform. The User is obliged to keep their contact details up to date. The parties agree that, in disputes, the Company’s electronic records (order, bid, consent and transaction records) constitute documents within the meaning of Art. 199 of the Code of Civil Procedure No. 6100; the User’s right to prove otherwise by any means of evidence is reserved.

16. Amendments

The Company may update this Agreement due to changes in the legislation or in the services. The current text enters into force on the date of its publication, and the date of update is displayed on the page. Material changes to the detriment of the User are announced by e-mail or Platform notification a reasonable period before they take effect. Changes do not apply to orders concluded or bids submitted before their entry into force.

17. Governing law and dispute resolution

This Agreement is governed by Turkish law. For disputes arising from consumer transactions, the Consumer Arbitration Committees at the Consumer’s place of residence or the place where the transaction was carried out have jurisdiction within the monetary limits announced each year by the Ministry of Trade, and the Consumer Courts have jurisdiction for disputes exceeding these limits; the provisions of the legislation on mandatory application to a mediator before filing a lawsuit are reserved. For disputes between merchants, application to mediation is a precondition to filing a lawsuit pursuant to Art. 5/A of the Turkish Commercial Code No. 6102 (“TCC”); the courts and enforcement offices at the place of the Company’s registered office have jurisdiction over the resolution of disputes.

18. Entry into force

This Agreement enters into force upon the User’s electronic approval and remains in effect until the membership ends. The invalidity of any provision of the Agreement does not affect the validity of the other provisions.