📜 Terms of Service

Article 1 — Definitions

As used in these Terms:

1. 'Bavulla' / 'we' / 'us': the operator of this platform.
2. 'Service': the Bavulla peer-to-peer personal shopping assistance marketplace.
3. 'User': any registered individual.
4. 'Traveler': a User who registers a trip to Japan and agrees to purchase and carry items on behalf of a Shopper.
5. 'Shopper': a User who requests a Traveler to purchase and bring specific items from Japan.
6. 'Transaction': the agreement between a Traveler and a Shopper for item delivery.
7. 'Desired Price': the JPY amount the Shopper agrees to pay for the item and transaction.
8. 'Service Fee': the fee charged by Bavulla on each Transaction.
9. 'Escrow': the payment holding account managed by the payment provider.

Article 2 — Nature of the Service

Bavulla provides a marketplace platform connecting Shoppers and Travelers. We are not a party to any transaction between Users. We are not an importer, exporter, customs broker, freight forwarder, or guarantor of goods.

Article 3 — Platform's Legal Position (Most Important Clause)

Bavulla acts solely as an intermediary platform. We are NOT:

1. A party to the purchase or sale agreement (which is formed solely between the Shopper and Traveler).
2. An importer, exporter, customs agent, or freight forwarder.
3. An inspector or guarantor of product quality, authenticity, or legal compliance.
4. An agent for customs declarations or import procedures.
5. Vicariously liable for actions of Travelers as independent contractors.

Article 4 — Registration

1. Registration is required to use the Service. You must be 18 or older.
2. You must provide accurate, current information and keep it up to date.
3. Only one account per person. Multiple accounts are prohibited.
4. You agree to these Terms and our Privacy Policy.
5. Accounts previously terminated by us may not be re-registered.

Article 5 — Account Management

1. You are responsible for keeping your account and password secure.
2. All activity conducted through your account is deemed to be that of the account holder.
3. Notify Bavulla promptly if you discover any unauthorized use by a third party.
4. Bavulla is not liable for damages arising from unauthorized use of your account.

Article 6 — Traveler Obligations

1. Customs compliance: independently verify and comply with all customs laws and import restrictions of all relevant countries; file all required declarations.
2. Purchase obligation: purchase the agreed item promptly after payment authorization is confirmed.
3. In-person delivery only: deliver the item to the Shopper in person at the agreed time and place. Postal delivery is prohibited.
4. Report purchase failure: if unable to purchase the item, immediately notify the Shopper and use the 'Couldn't Purchase' function.
5. Respond to messages within a reasonable time.
6. Act with the duty of care of a diligent individual (善管注意義務).

Article 7 — Traveler's Customs Responsibility

1. All customs duties, import taxes, VAT, and related fees are the Traveler's sole responsibility. Bavulla and the Shopper bear no obligation to cover these costs.
2. Bavulla does not guarantee customs clearance for any item.
3. All risk of confiscation, seizure, return, fines, or criminal liability at customs rests solely with the Traveler.
4. If an item is seized, confiscated, or destroyed at customs, the Shopper receives a full refund of the amount paid and the item's cost is borne by the Traveler. The Shopper bears no loss.
5. The Traveler acknowledges that customs duties may reduce their actual earnings from the transaction.

Article 8 — Shopper Obligations

1. Only request genuine, legally purchasable goods that are legally importable into Turkey.
2. Complete payment authorization within 72 hours of request acceptance — or within 24 hours if the Traveler has already departed, and in no case later than the Traveler's scheduled return date (auto-cancelled otherwise).
3. Confirm receipt within 48 hours of delivery (auto-confirmed if not done).
4. Provide accurate product information (URL, name, price).
5. Request items for personal use only; resale/commercial requests are prohibited.

Article 9 — Legal Meaning of Receipt Confirmation

When you press 'Confirm Receipt', this constitutes:

1. Your legal agreement that you have received and inspected the item and accept the transaction.
2. Waiver of your right to claim a refund or raise disputes about the item (with limited exceptions).
3. Authorization to capture the escrowed funds and release them to the Traveler.

Article 10 — Formation of the Transaction

A transaction is formed when the Traveler accepts the Shopper's request and the Shopper completes payment (securing the authorization hold) within the prescribed period. After the transaction is formed, all agreements between the parties must be made through the Service's chat function. Exchanging contact details or transacting outside the platform violates these Terms.

Article 11 — Payment & Escrow

1. Payments use the payment provider's PreAuthorization + Capture model: card is authorized (hold placed) at payment; actual charge occurs only upon receipt confirmation.
2. Funds are held by the payment provider escrow. Bavulla does not hold user funds directly.
3. Authorization holds are valid for up to 30 days.
4. Prices are denominated in Japanese yen (JPY). The Shopper is charged in the currency supported by the payment provider (currently primarily Turkish lira, TRY); the charged amount is determined by the provider's exchange rate at processing time. Displayed foreign-currency amounts are indicative.

Article 12 — Cancellation Policy

1. Pre-authorization: Either party may cancel for free.
2. Traveler cancellation (after FUNDED): The Traveler may cancel at any time. The Shopper receives a full refund. No monetary penalty applies, but the cancellation is recorded on the Traveler's reputation and shown as a cancellation rate; repeated cancellations may lead to limits on new transactions or account suspension.
3. Purchase failed (force majeure): No penalty; the Shopper receives a full refund.
4. Shopper cancellation (before the Traveler departs): The Shopper may cancel at any time free of charge and receives a full refund.
5. Shopper cancellation (after the Traveler departs — exception): Not accepted in principle. As an exception, the Shopper may submit a cancellation request that takes effect only upon the Traveler's approval. A cancellation fee of 15% of the item price applies (5% compensation to the Traveler and a 10% platform fee, each subject to a minimum of JPY 300); the remainder is refunded to the Shopper. If the Traveler does not respond, the request is deemed approved 3 days after the Traveler's scheduled return (and no earlier than 72 hours after the request). After the Traveler marks the item as purchased (IN_TRANSIT), cancellation is no longer possible.
6. Post-capture: No cancellation. Disputes are handled under the dispute-handling provisions of these Terms.

Article 13 — Customs Responsibility

1. Travelers bear sole responsibility for all customs compliance.
2. Bavulla does not guarantee any item will clear customs.
3. All customs-related costs, penalties, or losses are the Traveler's sole responsibility.
4. Bavulla bears no liability for customs confiscation, taxation, or legal proceedings.

Article 14 — Prohibited Items

The following items are absolutely prohibited:

1. Narcotics, psychotropics, controlled substances.
2. Weapons, explosives, ammunition.
3. Counterfeit goods, pirated copies, trademark-infringing items.
4. CITES-regulated wildlife and products.
5. Undeclared large amounts of currency or financial instruments.
6. CSAM, child exploitation materials, hate materials.
7. Prescription-only pharmaceuticals beyond personal use amounts.
8. Any other items prohibited or restricted by applicable law.

Article 15 — Service Fees

The Shopper pays a progressive service fee on the Desired Price (JPY):

1. Up to ¥5,000: 20%
2. ¥5,001–¥30,000: 15%
3. Over ¥30,000: 13.5%

Fees include the payment provider processing costs. Fees are non-refundable for completed transactions. We may adjust fees with 14 days' notice.

Article 16 — Exchange Rate Risk

All prices on the Service are denominated in Japanese Yen (JPY). Buyers are charged in a currency supported by the payment provider (currently primarily Turkish Lira (TRY)), and the amount payable is converted at the exchange rate applied by the payment provider at the time of processing. The Shopper participates in transactions understanding the risk of exchange rate fluctuations between JPY and the billing currency. We do not guarantee any particular exchange rate, and all gains or losses arising from exchange rate fluctuations are borne by the Shopper.

Article 17 — Prohibited Conduct

1. Off-platform contact exchange or direct transactions with matched users.
2. Providing false or misleading information.
3. Fraudulent receipt confirmation (confirming without receiving, or refusing to confirm after receiving).
4. Requesting or transporting prohibited items.
5. Commercial/resale use of the Service.
6. Multiple accounts.
7. Impersonation of other users.
8. Harassment, threats, or discriminatory conduct.
9. Unauthorized system access, DDoS attacks, or reverse engineering.
10. Money laundering, terrorist financing, or proceeds of crime.

Article 18 — Intellectual Property

1. All intellectual property rights in the Service — including its system, design, logos, and text — belong to Bavulla or the respective rightful owners.
2. You may not copy, repurpose, or commercially exploit these without Bavulla's prior written consent.
3. You grant Bavulla a royalty-free right to use information you post to the Service (such as product descriptions and reviews) for service improvement and promotional purposes, excluding personal data.

Article 19 — Disclaimers

Bavulla is not liable for:

1. Product quality, safety, authenticity, or legal compliance.
2. Customs confiscation, penalties, or related losses.
3. Disputes between users.
4. Failures of the payment provider or other third-party services.
5. Force majeure events (natural disasters, wars, pandemics, government actions, internet failures).
6. Data breaches where reasonable security measures were in place.
7. Service suspension or termination.
8. Losses caused by User violations of these Terms.

Article 20 — Limitation of Liability

Where Bavulla bears liability to a User, our liability is limited to direct and ordinary damages actually incurred. We are not liable for lost profits, indirect, incidental, special, consequential, or punitive damages, even if we were advised of the possibility of such damages. This limitation does not apply to damages caused by our gross negligence or willful misconduct.

Article 21 — User Indemnification

You agree to indemnify and hold harmless Bavulla and its operators from any claims, damages, penalties, fines, or legal fees (including attorney's fees) arising from: (a) your violation of these Terms; (b) your violation of any applicable law; (c) your request or transport of prohibited items; or (d) any third-party claim related to your use of the Service.

Article 22 — Dispute Resolution

If a dispute regarding a transaction arises between Users, you should first attempt to resolve it voluntarily through the chat feature between the parties. If voluntary resolution proves difficult, you may use the Service's "dispute (DISPUTED)" feature. We assume no obligation to resolve disputes between Users; based on the Platform Rules, we administer the Escrow process (holding, release, and refund of the payment) and, where necessary, support resolution between the parties by sharing transaction records. Any release, refund, or similar processing of the Escrow carried out by us is an operational action based on the Platform Rules and does not constitute a binding determination of any legal dispute.

The Service's records (transaction status history, chat history, audit logs, and the like) are preserved with timestamps and shall be recognized as evidence by both parties in any dispute between Users or with us. However, this provision does not restrict a User's right to submit their own evidence.

Article 23 — Account Suspension & Termination

We may suspend or terminate your account without prior notice for violations of these Terms, including but not limited to prohibited items, fraud, harassment, or multiple accounts. Active transactions may continue at our discretion.

Article 24 — Amendments

We may amend these Terms. Material changes will be communicated at least 14 days in advance via the Service or email. Continued use after the effective date constitutes acceptance of the amended Terms.

Article 25 — Severability; Entire Agreement; No Waiver

1. Severability. Even if any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
2. Entire Agreement. These Terms constitute the entire agreement between us and the user regarding use of the Service and supersede any prior oral or written agreements.
3. No Waiver. Our failure to exercise any right under these Terms shall not be deemed a waiver of that right.

Article 26 — Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Türkiye. For disputes arising from these Terms, the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) have jurisdiction up to the monetary threshold announced annually by the Ministry of Trade, and the Consumer Courts (Tüketici Mahkemeleri) for disputes above that threshold.