Terms & Conditions

1- PARTIES This contract is owned by the internet-connected PC and mobile application website modesy.com.tr (hereinafter referred to as "platform"), Merkez Mahallesi. modesy (hereinafter referred to as "modesy"), operating at Kağıthane Caddesi No 47, Kağıthane/ İstanbul. It has been concluded for the determination and reconciliation of the conditions regarding the use of modesy and e-applications and services, which are registered to the platform electronically with their login information (hereinafter referred to as "registered"). In this contract, modesy and registered are collectively referred to as the "parties". Buyer means real and/or legal persons who purchase goods and/or services on the platform. The seller refers to the legal/real person registered on the platform, who opens a registered sales account on the same platform within the scope of the "sales partnership" and sales announcement contract within the scope of the sales contract he has made with Modesy, and places a sales announcement on his own account and offers his goods and/or services for sale.

2- SUBJECT OF THE AGREEMENT The subject of this agreement is to determine the conditions for the registered user to use the platform.

3- GOODS and SERVICES It refers to the applications specified by modesy in order to enable the registered persons to perform the operations defined in this registration agreement. Commerce on the Internet Pursuant to the Law No. 6563 on the Regulation of Electronic Commerce, "commercial communication, the responsibilities of intermediary service providers and intermediary service providers, the obligations of providing information regarding electronic commerce with contracts made with electronic communication tools and the sanctions to be applied" and Regulation of Publications Made on the Internet No. 5651 and Pursuant to the Law on Combating Crimes Committed Through These Broadcasts, "the obligations and responsibilities of content providers, hosting providers, access providers and mass use providers, and the principles and procedures for combating certain crimes committed on the internet through content, location and access providers" It refers to the e-commerce platform system in which the sellers act as a commercial representative for the sales of goods and services offered on the platform by bringing together the buyers with the platform. In the event that Modesy is not a seller of any product or service on the platform, Modesy is only an "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, and in accordance with the Law No. 5651 on Regulating the Broadcasts Made on the Internet and Fighting Against Crimes Committed Through These Broadcasts. location provider". Modesy is not responsible for the authenticity, reliability, accuracy or legality of any visual, written or other content on the platform that has not been published by it, and has no obligation to check the accuracy of such content. The registered person accepts and declares that he/she knows this situation. Modesy processes and protects the data of registrants in accordance with the Law on the Protection of Personal Data No. 6698. Detailed information on the processing and protection of registered personal data can be found at https://www.modesy.com.tr/kisisel-verilerin-korunmasi. Modesy has the right to cancel an order that creates a suspicion of fraud without prior notice to the registered member, and the registered person has no right to make any demands from Modesy due to this cancellation.

4- VALIDITY OF THE AGREEMENT In order to shop from our virtual store with the e-commerce system, a password must be obtained by giving an e-mail address by filling out the registration form in the registration section in the electronic environment. Thanks to the e-mail address and password, payment options can be used after purchasing goods and services. 5- DESCRIPTION OF SERVICES In the e-commerce system on its website, it provides different communication options, electronic shopping, payment options, voting, commenting, recommending and other notifications. 6- REGISTRATION SYSTEM Before the real and/or legal persons who will register can take the necessary actions in order to benefit from the visual sales and/or services specified on the platform, the personal page of the registered person, where he/she declares the personal or legal information requested and can only access with the relevant registered e-mail and password as a result of the confirmation of this information. means. The registered person has the opportunity to create a single registration via the e-mail address registered to his account, thanks to the personal information on the modesy platform and the login information (e-mail address, name and password) determined by himself. Two different registrations cannot be made via the same e-mail address. The password determined by the registered user can be changed by the user in his/her own account, if necessary. Since the passwords saved in the platform are re-encrypted with a 1024-bit secure encryption system, the passwords of the registered are not known by the platform management.

7- PRIVACY AND PROTECTION OF PERSONAL INFORMATION The information and personal data transmitted by registered persons through the platform can be accessed via “https://www.modesy.com.tr/personal-data-protection” in general terms and are kept and kept confidential by modesy.com.tr. This information and data are not transmitted to third parties or organizations, regardless of the purpose. He states that the transactions carried out with the registered e-mail and password belonging to him are carried out by him, and that he is solely responsible for all the responsibility that may arise for this reason and against all claims and demands that may be brought against Modesy by third parties or competent authorities, accepts, declares and undertakes that it will cover all kinds of damages and losses. The user name and password information required by the registrant to access the 'My Account' page and perform transactions on the platform is created by the registrant. The security and confidentiality of the said information is the sole responsibility of the registrant. that the transactions performed with the registered e-mail and password belonging to him/her are carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she cannot claim any counter-rights and/or objections that he/she did not perform the works and transactions carried out in this way, and/or accepts, declares and undertakes that it will not abstain from fulfilling its obligations based on right or objection. Modesy attaches importance to the processing, security and protection of the personal data provided by the registered person through the platform in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, in order to benefit from the services offered on the platform. In this context, Modesy collects and uses the personal data provided by the registry in accordance with the Privacy Policy available at the link https://www.modesy.com.tr/kisisel-verilerin-korunmasi.html. The Privacy Policy is an integral part of this registered Agreement. By making use of the services and/or creating an account, the registered person freely consents to the collection and use of personal data within the platform as determined in the Privacy Policy. For more information on the conditions regarding the use of personal data and the rights in this regard, you can review our Privacy Policy and use your rights arising from the legislation by sending an e-mail to the e-mail address. The registered person accepts and declares that he consents to the use and storage of his personal data by Modesy in this way. Modesy said personal data in the Law on the Protection of Personal Data No. 6698 art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing. On the registered personal data, the Law on the Protection of Personal Data No. 6698 art. It has the right to use the rights it has in accordance with 11 and to make changes or updates to this data at any time.

8- RIGHTS AND OBLIGATIONS OF THE PARTIES In order to obtain the registered status to benefit from shopping and services on this platform, the person who wants to be registered must submit the information specified and requested on the platform with correct and up-to-date data, and the registration application must be evaluated and approved by modesy services. The person who wants to register must be 18 (eighteen) years old to register. Otherwise, the registration will be canceled without any warning. It will be able to benefit from the purchase of goods and services within the scope of this contract whose registration notification has been approved. He declares and undertakes that the information given by the person during the registration process is correct and up-to-date, that the person is personally responsible for all the damages that Modesy may suffer due to the inaccuracy of this information, and that he will compensate all damages exactly and immediately. As soon as the registered user uses the application and services within the modesy.com.tr platform, the registered personal information is correct and this information is necessary, the registered person is responsible for any loss or damage that may arise from incomplete or incorrect information, in such a case, the records of the registered person can be frozen. or the record can be deleted completely. It accepts, declares and undertakes that it is aware of the following items while benefiting from the services on the registered platform. Modesy management accepts, declares and undertakes that it cannot be held responsible for the messages sent to the e-mail notified by the registered person or the delivery to the delivery address before delivery, sending to the wrong address, loss or damage during use. It accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the registered platform. Otherwise, all legal and penal liabilities that may arise will belong entirely and exclusively to the registered person. It accepts, declares and undertakes that the copyrights of the software, images, pictures and videos, all sales and services provided on the platform belong to the modesy management and that it will not reproduce, distribute or sell them in any way.

He accepts, declares and undertakes that when he uses the services, the responsibility of the comments he adds, the information he transfers, the files he adds is the responsibility of the registered itself, the obligation to cover all possible damages belongs to the user, and the platform management cannot be held responsible for the content in any way. If there is a dispute as to which person the right and obligations of usage belong to, and the said persons make a request from modesy in this regard, it is accepted that the last person who made a payment to modesy for goods and services from the relevant registered account is the owner of the user account, and action is taken accordingly. . Registered, accepts, declares and undertakes that modesy management cannot be held responsible for any changes or damages that may occur due to unauthorized persons outside the platform. Registered, in the comment section, the subject of which constitutes a crime, results in or encourages the violation of the rules on the website, the current legislation or international agreements, illegal, threatening, advertising and / or marketing content, offensive, insulting and profanity, humiliating, will not share any content on the platform that is humiliating, vulgar, pornographic or immoral, contrary to the generally accepted rules of society, against personal rights, disturbing and harassing others, contrary to intellectual and industrial rights, creating unfair competition and/or similar; It accepts, declares and undertakes that it will not go beyond the platform rules, that the pictures, videos, correspondence, subject titles, nicknames, abbreviations, which will be added to the platform, comply with the platform rules, general morality, etiquette and legal rules, and not to engage in behaviors and practices that will affect or prevent other registered users from using the platform. Not to send registered, threatening, coercive, immoral, insulting messages, not to disclose, publish, direct, advertise, upload texts, pictures, videos containing advertisements, or make any redirects containing them, personal information and data, pictures, videos of others. accepts, declares and undertakes that it will not engage in competition or chain e-mail activities, and will not use the registered platform in an unlawful and unethical manner, especially in the cases listed below. In addition, they cannot engage in activities (malware, spam, viruses, trojan horses, etc.) and actions that prevent or make it difficult for others to use the services. May not use the whole or any part of the platform for the purpose of disrupting, modifying, reverse engineering. It cannot use any harmful technology or spread viruses to the platform, the platform's database and any content on the platform. May not use the Platform for any illegal or fraudulent purpose. Measures have been taken to ensure that this platform is free of viruses and similar software. Apart from this, in order to ensure ultimate security, the user must protect their own virus v. b. must provide the protection system and provide the necessary protection on the communication line. In this context, by entering the registered platform, it is deemed to have accepted that it is responsible for all errors that may occur in its own software and operating systems and their direct or indirect consequences. It knows that fraud, fraud, abuse of the platform will constitute a crime within the meaning of the Turkish Penal Code and accepts that legal action will be taken against them. The parties can exercise their legal rights, limited only to the requested subject, in disputes arising from personal data obtained from registered users during use and/or shopping on the platform, fraud, fraud, abuse of the platform, and criminal matters within the meaning of the Turkish Penal Code. and to other registered buyers and/or sellers, who may be a party to the dispute, for the purpose and limited only to this scope. Using the platform for the purpose of creating, controlling, updating or changing a database, record or directory on behalf of any person, using the whole or a part of the platform for the purpose of disrupting, modifying or reverse engineering, using false information or using another person's information, incorrect or Creating unrealized registered accounts by using false or misleading personal data, including misleading residence address, e-mail address, contact, payment or account information, and using these accounts in violation of the registered contract or applicable legislation, unauthorized use of another registered account, other being a party or participant in transactions by replacing someone or with a wrong name, comment and rating section; Used for non-platform purposes, such as posting comments on the platform off-platform, or used to manipulate systems

The ideas, thoughts and comments expressed, written, used by the registered on the platform are the personal opinions of the registered ones and modesy has no responsibility for these ideas, thoughts and comments. In any request that may be made to Modesy, modesy will forward the relevant request to the owner of ideas, thoughts and comments, and the right to recourse to all damages and losses to the owner of ideas, thoughts and comments will be reserved. The registered person who violates one or more of the articles listed in this registered contract is personally liable for this violation criminally and legally and will keep Modesy free from the legal and penal consequences of these violations. Moreover; Modesy reserves the right to claim compensation for non-compliance with the registration agreement against the registered person, if the incident is referred to the legal field due to this violation. Modesy always reserves the right to unilaterally terminate the registration of the registered, if necessary. registered, agrees in advance that Modesy will not raise any objections if he exercises this right. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Platform or harm technical operation, automatic program, robot, web crawler, spider, data mining (data mining) on ​​the Platform without the prior written consent of modesy. In case of using "screen scraping" software or systems such as mining) and data crawling, and in this way, any or all of the content on the platform is copied, published or used without permission, legal action will be initiated in accordance with the relevant articles of the Turkish Penal Code. . Modesy has the right to prevent the registered user from using the platform in whole and/or part, partially and/or completely, in case the registrant uses the platform in violation of any clause in this agreement, especially the above related clauses. In this context, Modesy will constantly review the comments and points section specified in the above articles, and if a comment as stated in the above articles is detected, the content in question will not be published on the platform. It accepts, declares and undertakes that the final registered decision belongs exclusively to Modesy. The registered person is obliged to carry out the transactions on the platform in a way that does not harm Modesy financially and technically the platform in any way. All kinds of registered programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the platform. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Registered also agrees that he will not enter the Account page by robot or automatic login methods. It is illegal to use the platform or the content on it in violation of the terms of use determined by this registered contract or the provisions of the applicable legislation; Modesy's related claims, lawsuits and follow-up rights are reserved.

That other registered users will not send programs that will harm or prevent the use of computers, tablets or smartfone devices, systems, software, their use, any registration obtained while using the services on the platform, delay on the information communication line, information transfer delay that may occur due to obstacles, If it is prevented or lost, it will not demand compensation from Modesy management due to the damages that may occur, it will notify Modesy management with commercial use, commercial activity documents, otherwise commercial activities will not be allowed on the platform, the contract of the registered will be terminated, registered, will send to the platform on e-mail. or that the registered person is responsible for any content he or she directs, to show a valid identity card if requested during the delivery of the registered purchase, to allow the registration of the identity information when necessary, and He accepts, declares and undertakes that he knows that he knows that he has to sign the delivery document, otherwise the goods will not be delivered to him or the person he appoints, and therefore, even if the price of the purchased goods is paid, he knows that the delivery will not take place. Modesy does not have any responsibility to its registrations or third parties due to temporary unavailability of service on the platform, such as updating or maintenance. The platform administrator has the right to block the registered user without any prior notification. The administrator cannot guarantee that the platform will provide simultaneous, error-free and secure services, does not undertake that the results obtained from the use of the service are correct and reliable, and that the service quality will meet the expectations. When necessary, free services within the platform can be transformed into registered services, additional services may be opened or some services may be partially or completely canceled. Registered hereby accepts that he is only registered, not a seller. In cases where Modesy deems necessary due to lawsuits to be filed against the registrant, upon the request of the competent authorities in accordance with the current legislation, the registrant may share the information contained in it with the said authorities.

9- ACCESS TO THE SITE Registered, the name and Internet Protocol (IP) address of the internet service provider used by Modesy to access the site for the improvement and development of the platform and/or within the framework of legal legislation, the date and time the site was accessed, the pages accessed while on the site, and the internet connection of the website that provides direct connection to the site. accepts and declares that certain information such as address may be collected. Modesy reserves the right to change the content of the site at any time, change or terminate any service provided to users. 10- PAYMENTS Modesy on the platform, on the other hand, due to its status as an intermediary service provider and its authority in the contract signed with the seller; The registered person will have the authority to collect the cost of the goods or services on behalf of the seller for the goods or services to be purchased from the seller, and the buyer will be relieved of his obligation to pay the seller with this payment to Modesy and will not have to pay the seller separately. 11- CHANGES TO THE AGREEMENT Modesy, at its sole discretion, may unilaterally change this registered agreement and all kinds of policies, terms and conditions, including the privacy policy on the platform, at any time it deems appropriate, by posting it on the platform, provided that it does not contradict the provisions of the current legislation. The changed provisions of this registered contract will become valid on the date they are announced on the platform, and the remaining provisions will remain in effect and continue to have their terms and consequences. Modesy may change, update or cancel the terms of the registered contract at any time, without the need for prior notice and/or warning in any form or form. Any provision changed, updated or repealed will become effective for all registered at the time of publication. 12- INTELLECTUAL PROPERTY and LICENSE RIGHTS “Modesy” brand and logo, “Modesy” mobile application and platform design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by Modesy in relation to these are protected by all intellectual property rights. is its own property. cannot use, share, distribute, display, reproduce or make derivative works of intellectual property rights that are registered, owned by Modesy or its affiliates, without written permission. registered, mobile application or platform cannot be used in whole or in part in any other environment without the written permission of Modesy. In case Modesy acts in a way that violates the intellectual property rights of third parties or Modesy, the registered is obliged to compensate all direct and indirect damages and expenses of Modesy and/or the third party in question. The Modesy brand and logo, the software and design of the Platform and all kinds of brands, designs, logos, slogans and similar content created by Modesy are the property of Modesy. The industrial property rights and/or other intellectual property rights regarding these are protected by the relevant laws, and they cannot be used, acquired or changed by the registered person without permission. In case the registered infringes the intellectual property rights of Modesy or third parties, including those who sell on the Platform, Modesy reserves the right to indemnify all kinds of damages and other claims arising from such violation. Platform management, information, documents, software, designs, graphics, etc., produced by itself and / or purchased from outside. Ownership of the works and the proprietary license hold the copyrights.

13- TAXATION Transactions arising from all legal changes that will occur outside the scope of this contract are outside the responsibility of modesy management and are reflected in the contract when necessary. 14- AFTER SALES In special cases, the production or transportation of the goods in stock may be delayed or cancelled. In cases where goods that cannot be produced or cannot be delivered, the order is canceled and the order amount is returned to the customer's thousand bank account. By displaying the goods for sale in the virtual store, the platform does not guarantee the availability of the goods in stock. 15- DELIVERY Delivery of assembly parts or accessories is by courier, otherwise, due to the volumetric size of the order, delivery is made by courier. If the buyer cannot be found at the delivery address, the cargo or transport staff leaves a visit note to the address, since the delivery cannot be made. If the buyer calls the cargo or transportation within three (3) days, the delivery is made to the same address for a fee. After three (3) days, the order is considered not placed. After the unsuccessful delivery is returned to the sender, the customer's account is deducted from the cargo or shipping fee, only the value of the goods is returned to the customer. 16- MISCELLANEOUS PROVISIONS Evidence contract; In case of disputes that may arise from this registered contract, the official books and commercial records of the seller and the e-archive records, electronic information and computer records kept in Modesy's database and servers will constitute binding, definitive and exclusive evidence and that this article will be subject to the Code of Civil Procedure No. 6100. It accepts that it is in the nature of an evidential contract within the meaning of Article 193 of the Turkish Civil Code. The parties accept and declare that all computer records belonging to Modesy will be taken as the sole and true exclusive evidence, in accordance with Article 193 of the CPC, and that the said records constitute a contract of evidence. He accepts that he knows that he can manage the registered commercial electronic message preferences from the "Update registered Information" section in the "My Account" section. Applicable Law: This registered contract shall be governed exclusively by the laws of the Republic of Turkey. Notification: Modesy will communicate via the e-mail address provided by the registrant when registering, or by calling a phone number or sending a text message (SMS). Responsible for keeping the registered contact information up to date. Integrity and Severability of Registered Agreement: This registered agreement constitutes the entire agreement between the parties regarding the subject matter. If any provision of this registered agreement is held by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this registered agreement shall be deemed severable and other provisions to the extent that such invalidity, unenforceability or unreasonableness. will remain in full force. Transfer of Registration Agreement: Rights or obligations in this registered agreement are not assignable in whole or in part. Amendment and Waiver: The failure of one of the parties to exercise or exercise any right granted to him in the usage agreement shall not mean that he waives the said right or will not prevent the further use or enforcement of the said right.

17- APPLICABLE PROVISIONS In case of disputes that may arise regarding this contract, first of all the provisions of this contract, and in cases where there is no provision, Turkish Laws (Law of Obligations (BK), Turkish Commercial Code (TTK), Code of Civil Procedure (HMK), Civil Code (MK) etc.) will be applied. 18- AUTHORIZED COURT and EXECUTIVE OFFICES Istanbul Consumer Arbitration Committees, Istanbul Courts and Enforcement Offices will be authorized to resolve any disputes that may arise from the implementation of this contract. 19- EFFECTIVENESS From the moment you fill out the registration form, receive service using the platform or place an order, this agreement enters into force between the parties indefinitely. Registration on the platform means that the person has read all the articles in the registration agreement and accepted the articles in the registration agreement. This Agreement was concluded at the time of registration of the person and entered into force mutually.

20- TERMINATION OF THE AGREEMENT The parties may terminate this agreement at any time. This agreement will remain in effect until the registered person cancels his/her registration or his/her registration is canceled by Modesy. Each of the parties can terminate the registration agreement unilaterally and without compensation at any time. Modesy will be able to terminate the contract unilaterally by canceling the registration of the registered in case the registered person violates any provision of the registration agreement.

This user agreement, which consists of 20 articles, has entered into force as of the moment of its approval, by being approved in electronic environment by reading and fully understanding each provision by the registered person.