Terms of Service

2.1. In cases regarding the arrival of shipments at the CARGOPANEL warehouse, the rights and obligations of the parties shall be determined within the framework of the provisions of the Turkish Commercial Code applicable to domestic transportation.

2.2. Shippers agree, declare, and undertake to fill in the data they enter on the platform completely and accurately.

2.3. According to the data entered by shippers on cargopanel.co, CARGOPANEL shows users the estimated shipping fees, which are indicative. The exact fees are determined after the shipments arrive at the CARGOPANEL warehouse. Additional fees may arise after measurement. The shipper agrees, declares, and undertakes to pay all such additional fees. These additional fees are reflected in the relevant shipment on cargopanel.co, and the customer is notified by email when the measurement is completed by CARGOPANEL. If the fees are not paid, CARGOPANEL reserves the right not to send the shipment to the recipient or to return it to the sender. The sender is responsible for all damages that may arise in this context. In addition to these additional fees, the sender also agrees, declares, and undertakes that all fees and taxes arising from national and international legislation may be paid and demanded from the sender at any stage. The sender cannot refrain from payment by claiming that the fee, expense, tax, and charge were accrued or demanded after the transportation was completed.

2.4. The sender agrees that, after the shipment arrives at the warehouse, an additional fee per package exceeding the environmental measurement will be added to the freight amount of the shipment as specified in the description section of the shipment.

2.5. Shippers accept, declare, and undertake that CARGOPANEL does not provide cargo services alone, but only acts as an intermediary for the selection of the most reasonable contracted carrier among the member companies on the platform and for the delivery of the shipment to the contracted carrier. Unless the sender makes a special carrier request in writing before sending the cargo to CARGOPANEL, CARGOPANEL may deliver the shipment to the most reasonable contracted carrier. Shippers accept, declare, and undertake this situation.

2.6. Shippers accept that, in the shipments they generate via cargopanel.co, the rules of international transport contracts and the practices of contracted carriers are independent of CARGOPANEL and that the same rules will apply to their own shipments.

2.7. Products sent or collected to the CARGOPANEL warehouse may be exported abroad without a second approval. This is at the discretion of CARGOPANEL. If there is content in the packages sent or collected to the CARGOPANEL warehouse that is not suitable for export, the package(s) will be returned to the customer's address with payment due.

2.8. Address changes made on the same shipment on cargopanel.co may not be changed if the shipment has reached the warehouse, and the transportation of the shipment may not be stopped. The sender is responsible for any damages that may arise if the recipient is not at the address, if the sender provides incomplete recipient information (recipient's name, surname, phone number, email, full address), if the delivery attempt fails, or if customs clearance is not completed; CARGOPANEL shall not be held liable in this regard.

2.9. Address Change: Fees for address changes made due to the sender's fault or at the sender's request will be invoiced to the sender separately. Address changes may be within the same country or to another country.

2.10. CARGOPANEL is not responsible for any damage or loss that may occur during delivery to the door. The parties accept, declare, and undertake this matter.

2.11. Documents and Packaging: CARGOPANEL is not responsible for damages caused by the packaging used by the sender or for damages resulting from errors in the packaging, or for damages resulting from the use of packaging (for shipments subject to specific transport rules, e.g., flammable/explosive material logo, dangerous goods logo, must not be exposed to heat logo, etc.), or for problems caused by the logos on the package (transportable/non-transportable, subject to additional obligations, etc.). In addition to the responsibility for packaging, the sender is obliged to comply with all applicable laws and government decisions regarding the transportation and delivery of the package, to provide all necessary information, and to attach all documents required by the said laws and decisions. CARGOPANEL and the carrier are not responsible for any criminal or legal liability for damages and expenses that may arise due to the sender's failure to comply with this provision. The sender accepts, declares, and undertakes that CARGOPANEL is not responsible for losses or damages arising from incorrect or incomplete statements on the bill of lading, or for administrative/bureaucratic procedures required for customs, security, or government procedures in the country of origin, destination, or transit, or for force majeure events and operational changes caused by the carrier (such as aircraft or transfer center changes, carrier restricting package pickup during busy periods, etc.), or for losses due to the sender's failure to provide sufficient information and documents.

2.12. The parties accept, declare, and undertake that the return process of the shipment is not the responsibility of CARGOPANEL. After the carrier delivers the shipment to CARGOPANEL, the shipment is returned to the sender. If the shipment cannot be delivered to the recipient due to the recipient's or sender's failure to pay any costs, fees, etc. incurred during transportation, CARGOPANEL will only deliver the shipment to the sender after the sender has fulfilled all obligations; otherwise, CARGOPANEL will exercise all rights arising from the law. Legal rights are reserved.

2.13. If ETGB requests are made to [email protected], the relevant information will be provided to the sender after being forwarded to CARGOPANEL by the carrier.

2.14. The invoice for the transportation performed by CARGOPANEL will be issued and sent to the sender within 7 days.

4.1. CARGOPANEL may, at the request of the competent authorities or to the extent permitted by applicable legislation, open, routinely inspect, and examine any shipment at its discretion. In cases where intervention is required in the shipment package, the sender accepts, declares, and undertakes that CARGOPANEL is not responsible for any visual differences that may occur in the package.

4.2. Pursuant to applicable legislation, CARGOPANEL may be required to carry out various scans and inspections for shipments. The sender waives any possible claims for damages and delays that may arise as a result of such scans.

5.1. Unless expressly accepted otherwise by CARGOPANEL and its Contracted Carriers, the following items are prohibited from being shipped to any destination, and the sender agrees not to send them. In addition to the items listed below, some shipments may also be subject to the legislation of the destination country or the contracted carriers. For example, the transportation of tobacco products is prohibited. Even if a pipe shipment does not contain any tobacco and there may be no problem in its export, its entry into the United States is prohibited.)

• a. Firearms, weapons, ammunition, and their parts;
• b. 3-D printers designed or exclusively intended for the production of firearms;
• c. Explosives (the shipment of class 1.4 explosives to and from certain locations may be accepted; more information will be provided upon request), fireworks, and other flammable or combustible materials;
• d. Items similar to bombs, grenades, or other explosive devices, including but not limited to replicas, novelty items, training aids, and works of art;
• e. Military shipments from a country requiring an export control license;
• f. Human remains, human organs or body parts, human and animal embryos, cremated or exhumed human remains. Live animals, including insects and pets;
• h. Animal carcasses, dead animals, or stuffed animals. Plants and plant materials, including cut flowers (the shipment of cut flowers from certain countries and regions, including the Netherlands to the USA and all of Latin America, may be accepted; more information will be provided upon request);
• j. Perishable foodstuffs, food, and beverages requiring refrigeration or different environmental controls;
• k. Pornography and obscene materials;
• l. Money and cash equivalents (e.g., valuable papers, endorsed shares, bonds, and cash letters), including coins, collectible coins and stamps, gold, and precious metals;
• m. Hazardous waste, including used hypodermic needles and syringes, or other medical, organic, and industrial waste;
• n. Wet ice (frozen water);
• o. Counterfeit goods, including goods under a trademark identical or substantially indistinguishable from a registered trademark without the approval or supervision of the trademark owner (commonly referred to as "counterfeit goods" or "knockoff products");
• p. Any product containing marijuana and cannabidiol (CBD) derived from marijuana for recreational or medical use, any amount of tetrahydrocannabinol (THC), and any product containing synthetic cannabinoids;
• q. Raw or processed hemp plants or their subdivisions (including hemp stalks, hemp leaves, hemp flowers, and hemp seeds);
• r. Cigarettes, cigars, bulk tobacco, smokeless tobacco, including but not limited to hookah, and tobacco products; and
• s. Electronic cigarettes and component parts, other similar devices based on vaporization or aerosolization, and any non-combustible liquid or gel that can be used with any such device, regardless of whether it contains nicotine.
• t. Ship bills of lading

5.2. CARGOPANEL and its Contracted Carriers prohibit the shipment of the following types of shipments to all destinations, and the sender agrees not to send them (additional restrictions may apply depending on the origin and destination):

• a. Shipments or goods whose transportation, import, or export is prohibited by laws, regulations, or statutes;
• b. Unless expressly accepted by CARGOPANEL, shipments requiring any special license or permit for transportation, import, or export by Contracted Carriers;
• c. Undeclared, taxable shipments or goods requiring legal approval and permission;
• d. Shipments whose Customs Declaration Value exceeds the amount permitted for a particular destination;
• e. Wet, leaking, or any kind of odorous packages.

5.3. CARGOPANEL disclaims all liability for Prohibited Shipments, regardless of how they are accepted (including accidental or knowing acceptance). CARGOPANEL reserves the right to refuse packages based on these restrictions or for safety or security reasons. Where appropriate, CARGOPANEL may charge the sender an administrative fee for the return of refused packages and goods. Additional information is available upon request.

5.4. Penalty Clause: If the sender violates the obligation regarding prohibited shipments specified in Article 5, CARGOPANEL and/or third parties, including the actual carrier, reserve the right to claim and sue for all direct, indirect, negative, positive, and other damages they may suffer; in addition to performance, the sender shall pay a penalty of at least 10,000 TRY (Ten Thousand Turkish Lira) or ten times the freight amount to CARGOPANEL. The payment or demand for the penalty does not eliminate the sender's obligation and responsibility arising from Article 5 and the Agreement.

6.1. The rules regarding liability are established by the Warsaw Convention, the Montreal Convention, and the CMR Convention, and there are national laws regarding the implementation of these conventions, and these rules are also established by notifying that they will apply to non-international transportation. The liability of the carrier is limited to these rules, and if the Warsaw Convention, the Montreal Convention, and the CMR Convention are not applicable, the applicable law shall apply. CARGOPANEL's liability, in case of proven damage, is limited to 100 USD per shipment unless a higher value is declared by the sender on the front of the transport document and a compensation amount equal to 0.5% of the declared value of the goods is paid as compensation.

6.2. CARGOPANEL users accept that the transportation rules and practices of Contracted Carriers printed on the Bill of Lading issued by CARGOPANEL are independent of CARGOPANEL and will also apply to their own shipments.

6.3. Warsaw, Montreal, and CMR Conventions: For relevant shipments, the Warsaw Convention, the Montreal Convention, or the CMR Convention will apply, and the limits of liability for loss or damage to the carrier will be determined according to the rights and obligations in these conventions.

6.4. Within the framework of customs practices in recipient countries, shipments that are not granted entry into the country are either abandoned to customs for destruction or returned to the sender in accordance with the supplier's practices. The sender accepts, declares, and undertakes that a fee equal to twice the outbound freight will be invoiced for such returned shipments.

6.5. If the sender requests the cancellation of the shipment delivered to CARGOPANEL for delivery to the recipient, the sender accepts and declares that if the shipment has started via CARGOPANEL's suppliers, the cancellation process may not be possible.

6.6. The sender delivers the shipments to be transported by CARGOPANEL by specifying whether it is a sample shipment or an export shipment and by declaring it on the proforma invoice. The sender cannot attribute any responsibility to CARGOPANEL regarding customs duties and processes that may accrue or are likely to accrue in the destination country due to the practices of suppliers for shipments sent abroad. The sender also accepts and undertakes that any possible customs obligations arising in the recipient countries regarding the shipments will be invoiced to them; the sender also accepts and undertakes that they will not hold CARGOPANEL or its suppliers responsible for customs processes (such as delays due to inspection, additional document and information requests, etc.).

6.7. If the sender selects the Delivered Duty Unpaid (DDU) method as the tax option for the package sent abroad, the sender is obliged to pay all taxes that may arise in the customs of the destination country. If the carrier invoices the tax to CARGOPANEL and the payment is made by CARGOPANEL, the sender accepts and undertakes to pay the customs tax to CARGOPANEL in cash and in full after CARGOPANEL issues an invoice. The sender's obligation to pay customs tax does not end if the customs tax in the destination country is invoiced by the carrier at a later date after it arises.

6.8. The delivery times given on the CARGOPANEL website platform and/or mobile phone applications are estimated times. The sender accepts, declares, and undertakes that there are customs practices for each shipment depending on its content (including Turkish Customs for packages returned from abroad), and that there are no definite times for this reason, and that they will not make any compensation claims due to delays caused by customs clearance.

6.9. The sender accepts, declares, and undertakes that they will not deliver any shipment (such as drugs, counterfeit shipments, shipments with different content than declared, undeclared shipments) that is prohibited from being transported or exported abroad to CARGOPANEL for transportation, and that the proforma invoice will be declared in accordance with the truth. The sender also accepts, declares, and undertakes responsibility for any restrictions, fines, or commercial damages that may arise for CARGOPANEL due to these shipments.

6.10. CARGOPANEL's liability arising from the legislation is valid only when the shipment has reached the CARGOPANEL warehouse and has been received by CARGOPANEL, and within the limits stipulated by the legislation.

7.1. CARGOPANEL may terminate the Agreement at any time during its term by giving 10 days written notice (to the registered email address, to the company signatory/authorized persons, to the contact person specified at the beginning of the agreement, or by registered mail to the company address, etc.) without paying any compensation. In the event of such termination, the sender accepts, declares, and undertakes that they will not make any direct or indirect claims or any claims whatsoever against CARGOPANEL. Transportation contracts established before this notice of termination will be performed as if the agreement were still in force.

7.2. Each party reserves the right to terminate the Agreement in whole or in part if the parties fail to fulfill their obligations arising from legal regulations, customs, or any provision of the Agreement, or if they fail to perform or are unable to perform their obligations under the Agreement.

7.3. The contractor may unilaterally terminate this Agreement without giving any reason and without paying compensation by giving 10 days notice (to the registered email address, to the company signatory/authorized persons, to the contact person specified at the beginning of the agreement, or by registered mail to the company address, etc.). In such a case, neither the sender nor CARGOPANEL may claim compensation under any name or title.

7.4. If the sender suspends or slows down transportation activities, is subject to enforcement proceedings and the proceedings are unsuccessful, if there are indications that their assets are subject to precautionary measures or injunctions, if they are insolvent, or if there are indications that they have a certificate of insolvency, CARGOPANEL has the right to terminate the Agreement immediately.

8.1. In the event that the parties are unable to fulfill their obligations due to force majeure, the parties shall not make any claims against each other except for obligations arising from the part of the agreement that has been performed.

8.2. If, due to circumstances that the parties could not foresee or prevent at the time of signing the Agreement, and which directly affect the work performed, such as government decisions, earthquakes, fires, floods, or other natural disasters, or events beyond the control of the parties such as war, embargo, blockade, uprising, general strike, terrorist acts, etc., the parties are unable to perform their obligations under this Agreement at all, properly, or on time, they may suspend their obligations by notifying the other party until the force majeure event ceases. The parties accept and declare that CARGOPANEL shall not be liable for any damages arising from force majeure.

8.3. The party that will not be able to fulfill its obligation under the agreement due to force majeure shall notify the other party within 3 (three) days from the date the force majeure event occurs, via the Platform or to the registered email address, to the company signatory/authorized persons, to the contact person specified at the beginning of the agreement, or by registered mail to the company address, etc.

8.4. If the force majeure event lasts more than 15 (fifteen) days, the parties have the right and authority to unilaterally terminate this Agreement without compensation.

9.1. Waiver of any provision of the Agreement shall not invalidate the entire Agreement or the relevant article.

9.2. If any provision of the Agreement conflicts with the provisions of applicable law or is canceled by any judicial or administrative authority, the Agreement shall remain valid as a whole, but the conflicting or canceled provision shall be deemed to have been removed from the Agreement. In this case, the parties may renegotiate the relevant article within the framework of the Agreement.

10.1. In the interpretation of the Agreement and in all disputes arising from the Agreement, the Warsaw, Montreal, and CMR Conventions, which are recognized as International Legislation under Turkish Law for international transportation, and the Turkish Commercial Code and relevant Turkish Law for domestic transportation shall apply.

10.2. In any dispute arising from the Agreement, emails sent via the Platform, telephone call records, and SMS notifications and records sent to mobile phones shall constitute evidence, and the commercial books and records of the parties shall be accepted as conclusive evidence.

10.3. The courts and enforcement offices of Istanbul (Çağlayan) shall have exclusive jurisdiction for the resolution of disputes arising from the performance of the Agreement.