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1- PARTIES This agreement is between modesy (hereinafter referred to as "modesy"), the owner of the internet-connected website modesy.com.tr and its mobile application (hereinafter referred to as "platform"), operating at Merkez Mahallesi, Kağıthane Caddesi No 47, Kağıthane/Istanbul. The registered user (hereinafter referred to as "registered"), who registers on the platform electronically with their login information, and modesy, to determine and agree on the terms and conditions regarding the use of the e-applications and services offered by modesy. In this agreement, modesy and the registered user will be referred to as "parties". Buyer refers to natural and/or legal persons who purchase goods and/or services on the platform. Seller refers to the legal/natural person registered who, within the scope of the sales agreement made with modesy on the platform, opens a registered account on the same platform and offers their goods and/or services for sale by posting advertisements on their own account within the scope of the "sales partnership" and sales advertisement agreement.
2- SUBJECT OF THE AGREEMENT The subject of this agreement is to define the terms and conditions under which the registered user may use the modesy.com.tr platform.
3- GOODS AND SERVICES These refer to the applications specified by Modesy to enable registered users to perform the transactions defined in this registration agreement. Online Commerce, in accordance with Law No. 6563 on the Regulation of Electronic Commerce, refers to "commercial communication, intermediary service providers, and their responsibilities, contracts made through electronic communication tools, information disclosure obligations regarding electronic commerce, and applicable sanctions," and in accordance with Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications, refers to "the obligations and responsibilities of content providers, hosting providers, access providers, and mass access providers, as well as the principles and procedures for combating certain crimes committed on the internet through content, hosting, and access providers." Modesy, acting as a hosting provider, connects sellers and buyers through the platform, acting as a commercial representative for the sale of goods and services offered by sellers via the platform, thus defining the e-commerce platform system. If Modesy is not the seller of any product or service on the platform, it is only an "intermediary service provider" under Law No. 6563 on the Regulation of Electronic Commerce and a "hosting provider" under Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications. Modesy is not responsible for the authenticity, reliability, accuracy, or legality of any visual, written, or other content on the platform that it has not published, and has no obligation to verify the accuracy of such content. The registered user acknowledges and declares that they are aware of this situation. Modesy processes and protects the data of registered users in compliance with Law No. 6698 on the Protection of Personal Data. Detailed information regarding the processing and protection of registered personal data can be found at https://www.modesy.com.tr/kisisel-verilerin-korunmasi. Modesy reserves the right to cancel an order suspected of fraud without prior notice to the registered customer, and the registered customer has no right to make any claims against Modesy due to this cancellation.
4- VALIDITY OF THE AGREEMENT To shop through our e-commerce system on our online store, you must register electronically by filling out the registration form in the registration section and providing an email address and password. This email address and password allow you to purchase goods and services and utilize payment options.
5- DESCRIPTION OF SERVICES The website provides various communication options, online shopping opportunities, payment options, voting, commenting, recommending, and other notifications within its e-commerce platform.
6- REGISTRATION SYSTEM Registration refers to the personal page of the registered individual, accessible only with their registered email address and password, where they declare their personal or corporate information requested before they can perform the necessary actions to benefit from the visual sales and/or services specified on the platform, and which is accessed only with the relevant registered email address and password as a result of the confirmation of this information. The registered individual has the opportunity to create only one registration per email address on the Modesy platform, thanks to their personal information and the system login information they have chosen (email address name and password). Two different registrations cannot be made from the same email address. The password chosen by the registered individual can be changed by the user at any time in their own account. Since the passwords registered within the platform are encrypted again with a 1024-bit secure encryption system, the passwords of the registered individuals are not known to the platform administration.
7- PRIVACY AND PROTECTION OF PERSONAL INFORMATION Information and personal data transmitted by registered individuals through the platform are generally accessible via “https://www.modesy.com.tr/bilgi-guvenligi” and are stored and kept confidential by modesy.com.tr. This information and data will not be transmitted to third parties or organizations for any purpose whatsoever. The registered individual acknowledges, declares, and undertakes that all transactions carried out with their email and password are performed by them, and that they are solely responsible for all liability arising therefrom, as well as for all claims and demands that may be brought against Modesy by third parties or authorized authorities, and that they will compensate Modesy for any damage or loss it may suffer. The username and password information that the registered individual needs to access the 'My Account' page and perform transactions through the platform is created by the registered individual. The security and confidentiality of this information is entirely the responsibility of the registered individual. The registered user acknowledges, declares, and undertakes that transactions carried out using their registered email address and password are deemed to have been performed by them, that they are solely responsible for any consequences arising from these transactions, and that they cannot raise any defense and/or objection claiming that they did not perform these transactions, and/or that they will not evade fulfilling their obligations based on such defense or objection. Modesy attaches importance to the processing, security, and protection of personal data provided by the registered user through the Platform in order to benefit from the services offered on the Platform, in accordance with all relevant legislation, including the Law No. 6698 on the Protection of Personal Data. In this context, Modesy collects, uses, transfers, and otherwise processes the personal data provided by the registered user in accordance with the Privacy Policy located at https://www.modesy.com.tr/kisisel-verilerin-korunmasi.html. The Privacy Policy is an integral part of this registered user agreement. By using the services and/or creating an account, the registered user explicitly and freely consents to the collection, use, transfer, and other processing of their personal data as set forth in the Privacy Policy. For more information regarding the conditions for the use of personal data and your rights in this regard, you can review our Privacy Policy and exercise your legal rights by sending an email to the provided email address.
Personal data declared and consented to be shared by the registered user on the platform is collected, stored, processed, used, and may be shared with third parties by Modesy or its business partners in accordance with the privacy policy for the purposes of fulfilling the obligations determined by this registration agreement, carrying out the necessary applications for the operation of the platform, providing and offering various advantages to the registered user, and conducting special advertising, sales, marketing, surveys, similar electronic communications, profiling, and statistical studies. The registered user acknowledges and declares that they consent to the use and storage of their personal data by Modesy in this manner. Modesy will take all necessary measures to ensure the secure storage of said personal data in accordance with Article 12 of the Law No. 6698 on the Protection of Personal Data, and to prevent unauthorized access and unlawful data processing. The registered user has the right to exercise their rights regarding their personal data in accordance with Article 11 of the Law No. 6698 on the Protection of Personal Data and to make changes or updates to this data at any time.
8- RIGHTS AND OBLIGATIONS OF THE PARTIES In order to obtain registered status to use the services and purchases on this platform, the person wishing to register must provide the information specified and requested on the platform with accurate and up-to-date data, and the registration application must be evaluated and approved by Modesy service. The person wishing to register must be at least 18 (eighteen) years old. The person whose registration notification is approved will be able to use the goods and services within the scope of this agreement. The person declares and undertakes that the information provided is accurate and up-to-date, that they are personally responsible for all damages that Modesy may suffer due to the inaccuracy of this information, and that they will compensate Modesy for all damages immediately and in full. By using the applications and services on the modesy.com.tr platform, the user acknowledges that their registered personal information is accurate and necessary, and that they are solely responsible for any loss or damage arising from incomplete or incorrect information. They also acknowledge that their registration may be suspended or completely deleted in such a case. The registered user acknowledges, declares, and undertakes that they are aware of the following points while using the services on the platform: Modesy management cannot be held responsible for any issues such as incorrect delivery, loss, or damage to emails sent or deliveries made to the delivery address provided by the registered user. The registered user agrees and undertakes to comply with and not violate the provisions of legal regulations while using the platform. Otherwise, all legal and criminal liabilities arising therefrom will belong entirely and exclusively to the registered user. The user acknowledges, declares, and undertakes that the copyrights of the software, images, pictures, and videos, as well as the copyrights of all sales and services provided through the platform, belong to Modesy management, and that they will not reproduce, distribute, or offer for sale any of these in any way. The user acknowledges, declares, and undertakes that when using the services, the responsibility for the comments added, the information provided, and the files attached rests with the registered user, that the obligation to compensate for all damages that may occur belongs to the user, and that the platform management cannot be held responsible in any way for the content. In the event of a dispute regarding who owns the usage rights and obligations, and if the persons in question make a request to Modesy in this regard, Modesy will proceed by accepting that the person who last made a payment to Modesy for goods and services from the relevant registered account is the owner of the user account. The registered user acknowledges, declares, and undertakes that Modesy management cannot be held responsible in any way for any changes or damages that may occur due to their information falling into the hands of unauthorized persons outside of modesy.com.tr. Sharing content in the comments section that constitutes a crime, violates the rules of the website, current legislation or international agreements, or encourages such situations, is illegal, threatening, contains advertising and/or marketing content, is offensive, insulting, abusive, degrading, humiliating, vulgar, pornographic or immoral, contrary to generally accepted social norms, infringes on personal rights, infringes on intellectual and industrial property rights, creates unfair competition and/or any similar content on the platform; The registered user agrees, declares and undertakes that they will not violate the platform rules, that the images, videos, correspondence, subject headings, usernames, abbreviations they add to the platform will comply with the platform rules, general morality, etiquette and legal rules, That they will not engage in behaviors and practices that will affect or prevent other registered users from using the platform, That the registered user will not use the platform in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or infringes on the intellectual and copyright rights of others.
The registered user agrees, declares, and undertakes that they will not send threatening, coercive, immoral, or insulting messages; They will not disclose, publish, or forward personal information, data, pictures, or videos belonging to others; They will not advertise, upload advertising content, or make forwarding posts, pictures, or videos containing such content; and will not engage in surveys, competitions, or chain email activities; The registered user will not use the platform in a manner that is contrary to law and morality, including but not limited to the following cases: Furthermore, the registered user may not engage in activities or processes that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.). They may not use the platform, in whole or in part, for the purpose of damaging, altering, or reverse engineering it. They may not use any technology that damages the platform, its database, or any content on the platform, or spread viruses. They may not use the platform for any illegal or fraudulent purposes. Modesy has taken measures within its available means to ensure that the platform is free from viruses and similar malicious software. In addition, to ensure ultimate security, the user must provide their own virus protection system and ensure the necessary protection. In this context, by accessing the registered platform, the user is deemed to have accepted responsibility for all errors that may occur in their own software and operating systems and their direct or indirect consequences. The dissemination of harmful malware or any other technology to the platform, its database, or any content on the platform; The registered user declares that they agree to act in accordance with the provisions of this registered agreement, all conditions specified on the platform, applicable legislation, and moral principles in their transactions and correspondence on the platform. The legal and criminal responsibility for the transactions and actions performed by the registered user within the platform belongs to them. Personal data obtained from registered users during platform use and/or shopping may be shared with other registered users and/or sellers who may be parties to disputes arising from fraud, deception, misuse of the platform, or matters constituting a crime under the Turkish Penal Code, solely for the purpose of enabling the parties to exercise their legal rights and only within the scope of the requested matter. Using the platform to create, control, update, or modify a database, record, or directory on behalf of any person; Using the platform, in whole or in part, for the purpose of disrupting, altering, or reverse engineering it; Conducting transactions using false information or the information of another person; Providing a false or misleading residential address.
Creating fictitious registered accounts by using false or misleading personal data, including email addresses, contact information, payment or account information, and using these accounts in a manner contrary to the registered Agreement or applicable legislation; unauthorized use of another registered account, impersonating another person or participating in transactions under a false name; using the comments and rating section for purposes outside the Platform, such as publishing comments from the Platform outside the Platform, or using it for purposes other than those intended to manipulate the systems; the user accepts, declares and undertakes that they will be held responsible for any damages and losses arising therefrom. The opinions, thoughts and comments expressed, written and used by registered users on the Platform are entirely the personal views of the registered users, and Modesy has no responsibility whatsoever regarding these opinions, thoughts and comments. In case of any claim directed to Modesy, Modesy will forward the relevant claim to the owner of the opinion, thought and comment and reserves the right to recourse against the owner of the opinion, thought and comment for all damages and losses. Any registered party who breaches one or more of the clauses in this registered agreement shall be personally liable, both criminally and legally, for such breach and shall hold Modesy harmless from the legal and criminal consequences of such breaches. Furthermore, in the event that the matter is brought to court due to such breach, Modesy reserves the right to claim compensation from the registered party for non-compliance with the registration agreement. Modesy reserves the right to unilaterally terminate the registration of the registered party at any time if necessary. The registered party hereby agrees not to raise any objection if Modesy exercises this right. Engaging in activities that create unreasonable or disproportionate loads on the communications and technical systems determined by the Platform, or that damage the technical operation; using automated programs, robots, web crawlers, spiders, data mining, and data crawling software or systems such as "screen scraping" on the Platform without obtaining Modesy's prior written permission, and thus copying, publishing, or using any content, in whole or in part, on the Platform without authorization. If the Registered User uses the Platform in violation of any clause of this Agreement, especially clause 3.11, Modesy has the right to prevent the Registered User from using the Platform in whole and/or in part, partially and/or completely. In this context, Modesy will continuously review the comments and ratings section specified in clause 3.11, and if a comment is detected in the manner specified in clause 3.11, the content in question will not be published on the platform. The Registered User acknowledges, declares, and undertakes that the final decision belongs exclusively to Modesy.
The registered user is obligated to conduct their transactions on the platform in a manner that does not cause any financial or technical damage to Modesy or the platform. The registered user acknowledges and agrees to take all necessary precautions, including using necessary protective software and licensed products, to ensure that the platform is free from any programs, viruses, software, unlicensed products, Trojan horses, etc. that could harm it. The registered user also agrees not to access their account page using robots or automated login methods. Any use of the platform or its content in violation of the terms of use set forth in this registered user agreement or the provisions of applicable legislation is unlawful; Modesy reserves all rights to make relevant claims, lawsuits, and pursue legal action. The registered user agrees not to send programs that will damage or prevent the use of other registered users' computers, tablets, or smartphones, systems, or software; that they will not claim compensation from Modesy management for any damages that may occur due to delays, blockages, or loss of information transmission on the communication line while using the services through the platform; that they will notify Modesy management of any commercial use with commercial activity documents; otherwise, they will not be allowed to conduct commercial activities through the modesy.com.tr platform, and their contract will be terminated; that the registered user is personally responsible for any content they send or forward to the platform via email; that the registered user understands that they must show a valid ID if requested during the delivery of the goods they have purchased, allow the recording of their ID information if necessary, and sign the delivery document; otherwise, the goods will not be delivered to them or the person they have appointed as their representative; and therefore, the purchase The user acknowledges, declares, and undertakes that even if the price of the goods received has been paid, delivery will not take place. Modesy has no responsibility to its registered users or third parties due to temporary service interruptions such as updates or maintenance on the platform. The platform administrator has the right to block a registered user without prior notice. The administrator cannot guarantee that the platform will provide simultaneous, error-free, and secure service, nor does it guarantee that the results obtained from the use of the service will be accurate and reliable, or that the service quality will meet expectations. The platform administration owns the property rights and licenses/copyrights arising from the ownership of the information, documents, software, designs, graphics, etc., that it produces and/or purchases from external sources. In special circumstances, the production or transportation of goods in stock may be delayed or canceled.
In cases where goods cannot be manufactured or delivered, the order will be cancelled and the order amount will be refunded to the customer's bank account. Displaying goods for sale in the virtual store does not guarantee that the platform will have the goods in stock. Services that are freely available within the platform may be converted to registered services, additional services may be opened, or some services may be partially or completely cancelled as needed. The registered party acknowledges in this agreement that they are only registered and not a seller. In cases where Modesy deems it necessary due to lawsuits filed against the registered party, it may share the information it holds about the registered party with the relevant authorities upon their request, in accordance with applicable legislation.
9- ACCESS TO THE SITE The Registered User acknowledges and agrees that Modesy may collect certain information for the purpose of improving and developing the platform and/or within the framework of legal regulations, such as the name of the internet service provider used to access the site and the Internet Protocol (IP) address, the date and time of access to the site, the pages accessed while on the site, and the internet address of the website that provides direct access to the site. Modesy reserves the right to change the content of the site at any time, and to change or terminate any service provided to users.
10- PAYMENTS Modesy, on the other hand, due to its status as an intermediary service provider on the platform and its authority in the contract signed with the seller, will have the authority to collect the price of the goods or services that the Registered User will purchase from the seller on behalf of the seller, and the buyer will be relieved of the payment obligation to the seller by making this payment to Modesy and will not have to make any further payment to the seller.
11- CONTRACT AMENDMENTS Modesy may, at its sole discretion, unilaterally amend this registered agreement and any policies, terms and conditions, including the privacy policy, on the platform at any time it deems appropriate, provided that such amendments do not violate applicable laws and regulations, by posting them on the platform. The amended provisions of this registered agreement will become effective on the date they are posted on the platform, while the remaining provisions will remain in effect and continue to produce their legal consequences. Modesy may change, update, or cancel the terms of this registered agreement at any time without any prior notice and/or warning. Every provision that is amended, updated, or canceled will be effective for all registered users from the date of publication.
12- INTELLECTUAL PROPERTY RIGHTS The “Modesy” brand and logo, the design, software, domain name of the “Modesy” mobile application and platform, and all intellectual property rights related to any brand, design, logo, trade dress, slogan, and other content created by Modesy are the property of Modesy. The registered user may not use, share, distribute, display, reproduce, or create derivative works from the intellectual property rights belonging to Modesy or its affiliated companies without the written permission of Modesy. The registered user may not use all or part of the mobile application or platform in any other medium without the written permission of Modesy. If Modesy acts in a way that infringes the intellectual property rights of Modesy or third parties, the registered user is obliged to compensate Modesy and/or the said third party for all direct and indirect damages and expenses. The Modesy brand and logo, the software and design of the Platform, and all brands, designs, logos, slogans, and similar content created by Modesy in relation to these are the property of Modesy. Industrial property rights and/or other intellectual property rights related to these are protected by relevant laws and may not be used, acquired, or modified by the registered party without permission. In the event that the registered party infringes the intellectual property rights of Modesy or third parties, including those selling on the Platform, Modesy reserves the right to claim compensation for any damages and other demands arising from such infringement.
13- TAXATION Modesy management is not responsible for any legal changes that occur outside the scope of this agreement and will be reflected in the agreement as necessary.
14- DELIVERY Delivery of assembly parts or accessories is by cargo; otherwise, due to the volumetric size of the order, delivery is by transport. If the recipient is not at the delivery address, the cargo or transporter will leave a note indicating that delivery could not be made. If the recipient contacts the cargo or transporter within three (3) days, delivery will be made to the same address for a fee. After three (3) days, the order will be considered not placed. After the failed delivery is returned to the sender, the shipping or transportation fee will be deducted from the customer's account, and only the value of the goods will be refunded to the customer.
15- MISCELLANEOUS PROVISIONS Evidence Agreement: In disputes arising from this registered Agreement, the seller's official ledgers and commercial records, as well as Modesy's e-archive records, electronic information, and computer records kept in its database and servers, shall constitute binding, conclusive, and exclusive evidence, and the party acknowledges that this clause constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100. The parties accept and declare that all computer records belonging to Modesy shall be considered as the sole and exclusive evidence, in accordance with Article 193 of the Code of Civil Procedure, and that these records constitute an evidence agreement. The registered party acknowledges that they can manage their commercial electronic communication preferences from the "Update Registration Information" section in the "My Account" section. Applicable Law: This registered Agreement shall be exclusively governed by the laws of the Republic of Turkey. Notification: Modesy will contact the registered party via the email address provided during registration or by making a phone call or sending a short message (SMS) to the phone number provided. The registered party is obligated to keep their contact information up-to-date. Integrity and Severability of the Registration Agreement: This Registration Agreement constitutes the entire agreement between the parties regarding the subject matter. If any provision of this Registration Agreement is determined by any competent court, arbitration panel or administrative authority to be wholly or partially invalid, unenforceable or unreasonable, this Registration Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness, and the remaining provisions shall remain in full force and effect. Assignment of the Registration Agreement: The rights or obligations in this Registration Agreement may not be assigned in whole or in part. Modification and Waiver: The failure of either party to exercise or enforce any right granted to it under this Terms of Use shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.
16- APPLICABLE PROVISIONS In case of disputes arising in connection with this agreement, the provisions of this agreement shall apply first, and in cases where there are no provisions, Turkish laws (Turkish Code of Obligations (BK), Turkish Commercial Code (TTK), Code of Civil Procedure (HMK), Civil Code (MK), etc.) shall apply.
17- AUTHORIZED COURTS AND ENFORCEMENT OFFICES The Istanbul Consumer Arbitration Boards, Istanbul Courts, and Enforcement Offices shall have jurisdiction in resolving any disputes arising from the application of this agreement.
18- EFFECTIVE DATE This agreement shall enter into force between the parties indefinitely from the moment you fill out the registration form, use the platform to receive services, or place an order.
Registering on the platform means that the person has read and accepted all the clauses in the registration agreement. This Agreement is concluded and enters into force mutually at the moment of registration.
19- TERMINATION OF THE AGREEMENT The parties may terminate this agreement at any time. This agreement will remain in effect until the registrant cancels their registration or Modesy cancels their registration. Either party may terminate the Registration Agreement unilaterally and without compensation at any time. Modesy may unilaterally terminate the agreement by canceling the registration of the registrant if the registrant violates any provision of the registration agreement. This user agreement, consisting of 19 clauses, has entered into force as of the moment it is approved electronically by the registrant, after each clause has been read and fully understood.