Sale at Modesy

GENERAL PROVISIONS

  1. The subject of this agreement concerns the sale and delivery of goods—with specified characteristics and sales prices—by the seller via the hosting provider modesy.com.tr. The seller undertakes to fulfill their rights and obligations in accordance with applicable legislation, including but not limited to Law No. 6563 on the Regulation of Electronic Commerce; Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications; Law No. 4077 on Consumer Protection; and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts.
  2. The seller undertakes to publicly disclose—for the duration of the sale—the following details regarding each item listed: a photograph of the item, the quantity available for sale, the net and gross prices, shipping/transportation costs, payment methods, the item's characteristics and usage features, warranty and post-warranty service details, invoicing information, and contact details for the seller.
  3. The seller declares and undertakes that, from the moment they offer goods (whether owned by them or not) for sale, they are aware of the legal liabilities arising both before and after the sale and that they act with the prudence expected of a professional merchant.
  4. The contract between the seller and the buyer commences upon the buyer’s electronic confirmation of the purchase. It is a prerequisite that the sales price of the goods be paid using the buyer's preferred payment method. If, for any reason, the price of the sold goods is not paid, the payment confirmation is deemed invalid, or the payment is cancelled, the seller shall be considered released from the obligation to deliver the goods.
  5. The Seller is responsible for delivering the goods subject to the contract properly packaged, intact, complete, and in conformity with the specifications stated in the listing, along with any warranty documents and user manuals.
  6. Following payment for the goods subject to the contract via the designated payment method, the Seller is required to hand the goods over to the shipping/transport service specified at the time of sale within a maximum of 3 (three) days after production. The Seller shall be held liable for any delays.
  7. The relevant clauses specified in the specifications document apply to the Seller as well.
  8. The sale of second-hand goods is not permitted on the Platform.

PRIVACY AND SECURITY The Seller may not use, transfer, reproduce, or publish customer information anywhere or in any manner outside of the Platform. The Seller undertakes to store customer information solely on the Platform and within their own computing systems.

EMAIL SECURITY

  1. The Seller may not use the customer's email address or identity information—provided after a sale on the platform—for commercial activities outside the platform or after the termination of the contract, nor may they disclose such information to third parties for any purpose whatsoever.
  2. The Seller is responsible for the security of their own email account; they may not send—and undertake not to send—malware, links, advertisements unrelated to the sale, or associated images via email. 

USAGE FEE Sales, advertising, and the use of services via the platform within the virtual store are subject to a fee starting from the second month. Monthly usage fees are determined based on the number of listings for goods offered for sale. Sales listings posted on the first day of the month remain valid until the last day of that month. Listings posted on the second day of the month or thereafter are priced to remain valid for 30 (thirty) days from the date of posting.

PAYMENTS 

  1. Modesy.com.tr charges fees for services provided in connection with modesy sales services. Before booking any paid service, modesy.com.tr will expressly inform the seller that the service is subject to a charge and specify the amount of the applicable costs. Prices quoted by modesy.com.tr for its own services within the sales services are stated in TL (Türk Lirası), inclusive of statutory VAT. 
  2. For services aimed exclusively at commercial users, prices are stated net—i.e., exclusive of statutory VAT. Agreed fees are due for payment immediately prior to the publication of the goods and may be settled using the payment methods designated by modesy.com.tr. Where modesy.com.tr offers and accepts bank transfer (via IBAN) or credit card as payment methods, notice of the transfer is provided at least three business days in advance. If the collection of the amount due fails despite timely notice and the user is responsible for the failure, modesy.com.tr
  3. By virtue of its status as an intermediary service provider and the authority granted under the contract signed with the Seller, Modesy is authorized to collect the price of goods or services on behalf of the Seller for purchases made by the Buyer. Upon making such payment to Modesy, the Buyer is discharged from their payment obligation toward the Seller and is not required to make any further payment to the Seller.
  4. The sales proceeds will be transferred to the Seller's bank account following electronic confirmation of the cargo/shipping delivery.

APPLICABLE PROVISIONS In the event of disputes arising from this contract, the provisions herein shall apply primarily; in matters not covered by this contract, Turkish laws (Code of Obligations, Turkish Commercial Code, Code of Civil Procedure, Civil Code, etc.) shall apply.

EFFECTIVENESS

  1. Once the registration form has been completed electronically and the necessary documents uploaded to the platform, and following notification of approval to the Seller, the Seller may commence sales in the virtual store by posting sales listings via the platform.
  2. This Agreement enters into force between the parties for an indefinite period upon the Seller receiving the service or posting a sales listing.
  3. Registering on the platform signifies that the Seller has read all clauses contained in the registration agreement and accepts the terms of the Seller Agreement. This Agreement is concluded and becomes mutually effective at the moment the Seller registers.

TERMINATION OF THE AGREEMENT

  1. The parties may terminate this Agreement at any time.
  2. This Agreement shall remain in effect until the Seller’s sales registration is cancelled by the Seller or by Modesy.
  3. Either party may unilaterally terminate this Agreement at any time without the payment of compensation.
  4. Modesy may unilaterally terminate this Agreement by cancelling the Seller’s registration in the event that the Seller violates any provision of the Agreement.
  5. Any receivables arising under the Agreement shall remain valid even after the Agreement is terminated.

COMPETENT COURTS AND ENFORCEMENT OFFICES The Istanbul Consumer Arbitration Committees, Istanbul Courts, and Enforcement Offices shall have jurisdiction over the resolution of any disputes arising from the implementation of this Agreement.

This Agreement becomes effective once approved electronically by the Seller.

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