Generelle vilkår og betingelser

Introduction (1) MACHEX LTD (the "operator") owns the Machex brand and operates the online marine marketplace (the "platform"). Advertisers may publish listings for vessels, boats, marine equipment, spare parts, consumables and maritime services.

(2) "Product" means new or used vessels, boats, marine equipment, spare parts and marine consumables. Listing provisions also apply to maritime services insofar as appropriate to their nature.

(3) The operator provides listing and purchasing-related services, as well as additional functions such as category searches. The following provisions principally concern listings.

Article 1. General Provisions

(1) The operator makes the above platform available online.

(2) Users, including sellers, interested parties and advertisers, may publish and view listings, contact other users and place advertisements through the platform.

(3) These General Terms & Conditions govern the legal relationship between the operator and buyers, sellers, advertisers and all other users of its services.

Article 2. Publishing Listings

Scope of Services

(1) Sellers may publish product and service offers that fit the platform's marine categories. The services enable electronic messaging between sellers and interested parties.

(2) Listing content may be translated automatically into various languages through translation functions offered on the platform. Sellers agree to such translation. Technical information and transaction conditions should be confirmed with the seller where necessary.

(3) The operator reserves the right to amend, supplement or delete all or part of a listing or offer, or to suspend publication temporarily or permanently, without notice, subject to applicable mandatory law.

(4) Contracts resulting from listings published through the platform are concluded without the operator becoming a party to that legal relationship.

Services Provided by the Operator

(1) The operator provides listing forms, publishes listings submitted through the authenticated interface and makes them available online. Sellers may enter, amend and delete their listings in the operator's database.

(2) The operator may block listings at its reasonable discretion where these terms, applicable legislation or other platform rules are breached.

(3) Messages sent through the services may be reviewed by the operator to prevent abuse or fraud.

Seller Obligations

(1) Sellers are responsible for the content and accuracy of listings published through the operator's website or applications. A seller must indemnify the operator against third-party claims arising from unlawful or false listing content, including defence costs and court and legal fees, to the extent permitted by law. The operator has no general obligation to examine listings for infringements of third-party rights or legislation, without prejudice to mandatory legal duties.

(2) Sellers must use only photographs that accurately represent the listed product or service and that they are entitled to use. Company logos must not replace product photographs. Third-party photographs require the necessary permission.

(3) Listings must describe only the relevant marine product or service. Category, manufacturer and model fields must contain the relevant information, without promotional content or references to unrelated products or services.

(4) Sellers must supply their name, address and telephone number in the designated form fields. The operator may decline to publish or may remove listings with incomplete information.

(5) Sellers must provide a valid email address. It may be used for listing enquiries, service notifications and billing. Marketing communications are subject to applicable permission requirements and the user's communication preferences.

(6) Only one listing may be created for each product or service offer. The same offer must not be placed in multiple subcategories and must be assigned to the appropriate marine category.

(7) Contact information must be entered in the designated fields. Sellers control its public display through the platform's visibility option. Descriptions, photographs, videos and attachments must not be used to circumvent contact-field rules. Non-compliant listings may be returned for correction or removed.

(8) Sellers must mark a listing as sold or remove it when the product is sold, and remove unavailable products or services from active results.

(9) Matters not covered by the contract are subject to applicable legislation, including the legislation identified in Article 11, insofar as applicable and subject to mandatory law.

Article 3. Removing and Activating Listings

(1) The operator may reject, amend or remove listings at its discretion, particularly for breaches of these terms or applicable law, and may suspend or permanently exclude individual sellers. Such action does not itself entitle the seller to a price reduction or refund, without prejudice to mandatory statutory rights and applicable payment terms.

(2) Sellers bear costs arising from their listings, including where the operator amends, removes or refuses to publish them, to the extent permitted by applicable law.

(3) Sellers must explain ownership of the products or offers if requested. The operator reserves the right to claim compensation if a seller lists products without authority to sell them.

(4) Invoice records are retained for the applicable statutory period. Dutch basic business records are generally retained for seven years; longer statutory periods apply where required.

Article 4. Grant of Usage Rights

(1) By submitting or uploading listings, sellers grant the operator extensive rights to use them within its current and future services, including photographs, videos, attachments and text, in particular as follows.

(a) The operator receives the right to reproduce, publish and distribute the content using available technical means, subject to applicable law and third-party rights.

(2) By submitting content, sellers authorise the operator to modify it and publish it on other platforms.

(3) Sellers authorise the operator to pursue third-party infringements involving unauthorised online use of listings submitted through its services. At the operator's request, sellers assign transferable compensation claims arising from such unauthorised use to the operator.

(4) Sellers undertake to transfer the relevant transferable rights to the operator.

Article 5. User Accounts

Operator Services

(1) Services include dealer-profile and listing forms, processing submitted data and enabling sellers to retrieve listings from the database during the agreed period. Account services begin on activation, regardless of whether listings have actually been published.

Seller Obligations

(1) Sellers are liable for losses caused by their negligent or intentional disclosure of passwords. A seller must notify the operator immediately on discovering theft or unlawful third-party use of a password.

(2) Sellers must not pass account credentials, purchase enquiries or general enquiries to third parties and must handle received purchase enquiries themselves. Breaches may result in account suspension and claims for compensation. Forwarding, distributing or publishing an enquiry to third parties constitutes a breach.

(3) A seller may list products it does not own only under a valid brokerage or agency agreement. Ownership must be explained on request, and the agreement must be supplied promptly if requested. The operator may claim compensation where a seller offers products without the owner's authority to sell them on commission.

(4) Sellers must not use listing services for general advertising unrelated to the specific listed offer.

Removal of Listings and Restriction of Account Access

(1) The operator may temporarily or permanently restrict users who publish listings outside the marine scope or contrary to listing rules. Conduct that harms platform operation is also covered.

Contract Duration and Termination

(1) For one-off seller plans, listings are removed from active publication when the contract period ends unless a further purchase is made.

(2) The operator may adjust plan prices and services. Changes affect existing customers only upon renewal; no additional charge is imposed for the ongoing contract period. Existing customers will be informed at least three days before changes take effect, or earlier where mandatory law requires.

Article 6. Payment Terms

(1) Unless otherwise agreed, the prices published on the operator's website apply.

(2) Payment is due when the contract is concluded. An electronic invoice is issued within five business days after payment and sent to the seller's supplied email address.

(3) Prices are subject to applicable VAT. Unless stated otherwise, prices displayed on the platform include VAT.

Article 7. Liability

(1) The operator provides the marketplace platform and is not the seller, broker or commission agent for the listed asset.

(2) The operator is not responsible for the sale relationship between sellers and third parties, subject to mandatory law.

(3) The operator does not warrant that seller-provided information is current, accurate, complete or of a particular quality. It has no general obligation to verify that information, including technical details, without prejudice to mandatory statutory duties.

(4) The operator does not warrant that services are free of errors or omissions or fit for a particular sales or other purpose, and may change them subject to applicable law.

(5) To the extent permitted by law, the operator is not liable for errors in transmitting purchase enquiries.

(6) To the extent permitted by law, the operator is not liable for technical interruptions to services.

(7) The operator is not responsible for links originating from third parties, subject to applicable law.

(8) The same applies to the content of advertising partners' websites. Nothing in this article excludes liability that cannot lawfully be excluded.

Article 8. Intellectual Property

(1) The operator reserves its intellectual property rights. Machex is a brand owned by MACHEX LTD

(2) Third-party processing or use of the operator's listings in any media requires the operator's written consent.

(3) The operator reserves copyright in graphics, images, audio, video, text and other material it creates and publishes. Reproduction in other electronic or printed publications requires prior written consent.

Article 9. Place of Performance

(1) The operator's registered office and contact address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. If its registered office changes, the new registered office becomes the place of performance, subject to mandatory law.

(2) The operator does not guarantee that every service meets all legal requirements of every country from which it is accessed. Mandatory obligations remain unaffected.

Article 10. Changes to These Terms

(1) These terms may be amended as necessary to address developments not foreseeable when the contract was concluded or significant difficulties caused by gaps that emerge after conclusion of the contract, subject to applicable law.

(2) Customers will be informed by email at least three business days before proposed changes take effect, or earlier where mandatory law requires.

Article 11. Final Provisions

(1) If any provision becomes invalid, the remaining provisions remain effective. Where legally permitted, the invalid provision will be replaced by a valid provision that most closely reflects its economic purpose. The same applies to gaps in these terms.

(2) The laws of the Republic of Turkey govern disputes arising from the operator-user relationship, and the courts and enforcement offices of Ankara have jurisdiction. This choice is subject to mandatory applicable law, including any rights of consumers to rely on mandatory protections and competent courts. The operator's registered office is in England, United Kingdom, as stated above.