Sale at Modesy

GENERAL PROVISIONS

1. The subject of this agreement is a contract between the hosting provider modesy.com.tr and the seller, and the seller undertakes to comply with the provisions of the Law No. 6563 on the Regulation of Electronic Commerce, Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications, and the Law No. 4077 on the Protection of Consumers; and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts, regarding the sale and delivery of the goods whose characteristics and sales price are specified, and to fulfill its rights and obligations accordingly.
2. The seller may not post advertisements other than furniture and/or accessories.
3. During the sales period, the seller undertakes to publicly declare the following information for each item in the advertisement: a photographic image of the item, the number of items sold, the net and gross price of the item, the shipping/delivery cost, the payment method, the characteristics of the item, its usage features, warranty coverage, post-warranty service, invoicing, and contact information for the seller.
4. The seller declares and undertakes that they are aware of their legal responsibilities before and after the sale, whether the goods belong to them or not, and that they act as a prudent merchant accordingly.
5. The contract between the seller and the buyer begins with the buyer's electronic confirmation of purchase of the goods to be purchased. It is a condition that the sale price of the goods is paid using the payment method preferred by the buyer. If, for any reason, the price of the goods sold is not paid, or an invalid payment confirmation is received, or the payment is cancelled, the seller is considered relieved of the obligation to deliver the goods.
6. The seller is responsible for delivering the goods subject to the contract properly packaged, in good condition, complete, conforming to the specifications stated in the advertisement, and with any warranty documents and user manual, if applicable.
7. The seller is obliged to deliver the goods subject to the contract to the specified courier/transportation company within a maximum of 3 (three) days after manufacturing, starting from the payment of the price of the goods subject to the contract using the specified payment method. The seller will be responsible for any delays.
8. The relevant clauses specified in the specifications also apply to the seller.
9. Second-hand sales are not allowed on the platform.

PRIVACY AND SECURITY The seller may not use, transfer, reproduce, or publish customer information anywhere outside the platform. The seller undertakes to store customer information on the platform and within its own data processing machine.

EMAIL SECURITY

1. The seller may not use the email address and identity information provided by the customer after the sale on the platform for commercial activities outside the platform or after the termination of the contract, and may not give it to third parties for any purpose whatsoever.
2. The seller takes responsibility for the security of its own email and undertakes not to send malware, links, non-sales advertisements, or related images via email.

USAGE FEE Sales, advertising, and use of services through the platform in the virtual store are subject to a fee starting from the second month. Monthly usage fees are limited by the number of listings for goods offered for sale. Sales listings posted on the first day of the month are valid until the last day of that month. Listings posted on the second and subsequent days of the month are priced to be valid for 30 (thirty) days from the date of posting.

PAYMENTS

1. This platform, modesy.com.tr, charges fees for services offered within the scope of sales services. Before any transaction related to a paid service is made, modesy.com.tr will clearly inform the seller that the service is paid and will state the relevant cost amount.
2. Prices determined by modesy.com.tr for its own services offered within the scope of sales services are expressed in TL (Turkish Lira), including current VAT. For services intended only for commercial users, prices are stated net, i.e., excluding current VAT.
3. Agreed fees must be paid immediately before the products are published; payments can be made using methods determined by modesy.com.tr.
4. Where Modesy.com.tr offers and accepts bank transfer (IBAN) or credit card as payment methods, notification of the transfer/payment must be made at least three business days in advance. If the relevant amount cannot be collected despite timely notification and the user is responsible for this, Modesy.com.tr reserves the right not to publish the seller's products.
5. On the platform, Modesy, due to its status as an intermediary service provider 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 buyer will purchase from the seller on behalf of the seller, and the buyer will be relieved of its payment obligation to the seller by making this payment to Modesy and will not have to make any further payment to the seller.
6. After electronic confirmation of cargo/delivery delivery, the sales price will be transferred to the seller's bank account.

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.

EFFECTIVE DATE

1. After completing the registration form electronically and uploading the necessary documents to the platform, and after the seller receives approval and notification, the seller can make sales in the virtual store by posting sales advertisements using the platform.
2. This agreement shall enter into force between the parties indefinitely from the moment the seller receives the service or posts a sales advertisement.
3. The seller's registration on the platform means that they have read all the clauses in the registration agreement and accept the clauses in the seller agreement. This agreement is concluded and enters into force mutually at the moment the seller is registered.

SELLER RESPONSIBILITY

1. The seller is solely responsible for their advertisements.
2. Any rights asserted against modesy.com.tr by other users or other Sellers regarding the Seller's Ads are regulated by the Seller who posted the ad, upon the request of the owners. Any resulting dispute costs, court and attorney fees are borne by the Seller.
3. If the Seller is not liable for the infringement, the right to compensation is not valid. In the event of a claim by a third party, that party is obliged to provide modesy.com.tr immediately, accurately and completely, with all the information necessary to investigate the claims and establish a defense against them.
4. The Seller's liability beyond these provisions is not affected.

TERMINATION OF THE AGREEMENT

1. The parties may terminate this agreement at any time.
2. This agreement shall remain in effect until the Seller cancels their sales registration or Modesy cancels the sales registration.
3. Either party may terminate the sales agreement unilaterally and without compensation at any time.
4. Modesy may unilaterally terminate the contract by canceling the seller's registration if the seller violates any provision of the contract.
5. The receivable under this contract shall remain valid even if the contract is terminated.

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 implementation of this contract. This contract shall become valid after it is approved electronically by the seller.