Terms & Conditions

1- PARTIES

1. 1 This agreement is between modesy (hereinafter referred to as "the platform"), the owner of the internet-connected PC and mobile application website modesy.com.tr (hereinafter referred to as "the platform"), operating at Merkez Mahallesi, Kağıthane Caddesi No 47, Kağıthane/Istanbul1. 2
2. This agreement is concluded to determine and agree upon the terms and conditions regarding the use of modesy and its e-applications and services by the registered user (hereinafter referred to as "the registered user") who registers on the platform electronically with their login information. In this agreement, modesy and the registered user will be referred to collectively as "the parties".
3. Buyer refers to natural and/or legal persons who purchase goods and/or services on the platform.
4. Seller refers to a registered legal entity/natural person who, within the scope of a sales agreement with Modesy on the platform, opens a registered sales account on the same platform and offers their goods and/or services for sale by posting sales advertisements under their own account within the scope of a "sales partnership" and sales advertisement agreement.

2- SUBJECT OF THE AGREEMENT

1. The subject of this agreement is to determine the terms and conditions under which the registered user may use the platform.

3- GOODS AND SERVICES

1-Refers to the applications specified by Modesy to enable registered users to carry out the transactions defined in this registration agreement.

1. Commerce on the Internet refers to the e-commerce platform system where Modesy, acting as a hosting provider, brings together sellers and buyers through the platform and acts as a commercial representative for the sale of goods and services offered by sellers through the platform, in accordance with Law No. 6563 on the Regulation of Electronic Commerce, covering "commercial communication, intermediary service providers, and the responsibilities of intermediary service providers, contracts made through electronic communication tools, information disclosure obligations and applicable sanctions regarding electronic commerce" and Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications, covering "the obligations and responsibilities of content providers, hosting providers, access providers and mass usage providers, and the principles and procedures regarding the fight against certain crimes committed on the internet through content, hosting and access providers". 
2. 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.
3. 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 users' personal data can be found at https://www.modesy.com.tr/kisisel-verilerin-korunmasi.
4. Modesy reserves the right to cancel an order suspected of being fraudulent without prior notice to the registered party, and the registered party shall have no right to make any claims against Modesy due to such cancellation.

4- VALIDITY OF THE AGREEMENT

To make purchases from our online store via the e-commerce system, you must obtain a password by filling out the registration form in the electronic registration section and providing your email address. This email address and password allow you to purchase goods and services and utilize various payment options. 

5- DESCRIPTION OF SERVICES

5.1- The website provides various communication, online shopping opportunities, payment options, voting, commenting, recommending, and other notification options within the e-commerce platform.

6- REGISTRATION SYSTEM

6.1. The registration system refers to the personal page of the registered individual, which can only be accessed with the registered email address and password after the registration information is confirmed, and after the real and/or legal entities registering must declare their personal or corporate information before they can perform the necessary actions to benefit from the visual sales and/or services specified on the platform. 

6.2. The registered individual has the opportunity to create only one registration per email address registered to their account on the Modesy platform, thanks to their personal information and the system login information they have determined (email address, name, and password). Two different registrations cannot be made from the same email address.

1. 3. The registered individual can change their password at any time.
2. 4. Since the passwords registered within the platform are encrypted with a 1024-bit secure encryption system, the passwords of the registered individual are not known to the platform administration.
3. 5. After the login information of the person registering on the platform is approved by the administrator, the registered individual will be able to log in to the platform and benefit from its services. 
4. 6. The choice of email address and associated password, and the security and confidentiality of the email address and password outside of the platform, are entirely the responsibility of the registered user.
5. 7. Modesy and the platform administration are not responsible for the use of email addresses and passwords and/or any problems that may arise thereafter.
6. 8. For registered users to use purchases and services requiring registered login information on the platform, it is only possible by logging in to the platform with their email address and password. 
7. 9. For unregistered users to use purchases and services requiring login information without registration, it is only possible by logging in to the platform with their email address.

7- PRIVACY AND PROTECTION OF PERSONAL INFORMATION

1. 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 will not be transmitted to third parties or organizations for any purpose whatsoever without the individual's permission.
2. The registered individual acknowledges, declares, and undertakes that all transactions carried out with their email address 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. 3. 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 counterclaim and/or objection claiming that they did not perform these transactions, and/or that they will not evade fulfilling their obligations based on such counterclaim or objection.
3. 4. 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 and uses 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.
4. 5. By using the services and/or creating an account, the registered user freely consents to the collection and use of their personal data within the platform as defined in the Privacy Policy. For more information regarding the conditions for the use of personal data and their rights in this regard, you can review our Privacy Policy and exercise your rights arising from the legislation by sending an email to the email address provided.
5. 6. 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

1. To obtain registered status and benefit from shopping and services 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 services.
2. 2. The person wishing to register must be at least 18 (eighteen) years old. Otherwise, the registration will be canceled without any warning.
3. 3. The person whose registration notification is approved will be able to benefit from the purchase of goods and services within the scope of this agreement. 
4. 4. The person declares and undertakes that the information provided during registration is accurate and up-to-date, that the person is 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. 5. By using the applications and services on the registered 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 inaccurate information. They also acknowledge that in such a case, their registration may be frozen, deleted, or blocked.
5. 6. The user acknowledges, declares, and undertakes that they are aware of the following points while using the services on the platform.

7. During use, Modesy management acknowledges, declares, and undertakes that it cannot be held responsible for messages sent to the email address provided by the registered user or for deliveries to the delivery address being sent to the wrong address, lost, or damaged before delivery. 8. The registered user acknowledges 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.

9. The registered user acknowledges, declares, and undertakes that the copyrights of the software, images, pictures and videos, and 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.

10. The registered user acknowledges, declares, and undertakes that they are responsible for the comments they add, the information they transmit, and the files they upload when using the services, that they are obliged to compensate for all damages that may occur, and that the platform management cannot be held responsible in any way for the content.

11. In the event of a dispute regarding the ownership of usage rights and obligations, and if the individuals concerned make a request to Modesy regarding this matter, it will be accepted that the person who most recently made a payment to Modesy for goods and services from their registered account is the owner of the user account, and the process will be carried out accordingly.

12. 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 the platform.

13. The registered user agrees not to share any 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, derogatory, humiliating, vulgar, pornographic, or immoral; violates generally accepted social norms; violates personal rights; harasses and disturbs others; violates intellectual and industrial property rights; creates unfair competition; and/or similar content on the platform. The registered user agrees, declares, and undertakes that they will not violate the platform rules, that any images, videos, messages, subject headings, usernames, and abbreviations added to the platform will comply with the platform rules, general morals, etiquette, and legal rules, and that they will not engage in any behavior or practices that will affect or hinder other registered users from using the platform.

14. The registered user agrees, declares, and undertakes that they will not send threatening, coercive, immoral, or insulting messages, that they will not disclose, publish, or redirect personal information, data, images, or videos belonging to others, that they will not advertise, upload advertising content, images, or videos, or redirect users to content containing such content, that they will not conduct surveys, competitions, or chain email activities, and that they will not use the platform in a manner contrary to law and morality, including but not limited to the following cases.

15. Furthermore, registered users may not engage in activities or transactions that prevent or hinder others from using the services (malware, spam, viruses, Trojan horses, etc.). They may not use the platform, in whole or in part, for the purpose of disrupting, 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.

16. Measures have been taken within the available means to ensure that this platform is free from viruses and similar malicious software. Beyond this, for ultimate security, the user must provide their own virus and similar protection system and ensure the necessary protection on their communication line. 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. 

17. Registered users and/or sellers understand that fraud, deception, and misuse of the platform constitute crimes under the Turkish Penal Code and accept that legal action will be taken against them.

18. Personal data obtained from registered users during platform use and/or shopping may be shared with other registered buyers and/or sellers who may be parties to a dispute, solely for the purpose of enabling the parties to exercise their legal rights in cases of fraud, deception, misuse of the platform, or disputes that may constitute a crime under the Turkish Penal Code, and only to the extent limited to the requested subject matter. 

19. 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 to disrupt, alter, or reverse engineer it; conducting transactions using false information or the information of another person; creating fictitious registered accounts using false or misleading personal data, including false or misleading residential addresses, email addresses, contact, payment, or account information, and using these accounts in violation of the registered agreement or applicable legislation; unauthorized use of another registered person's account; impersonating another person or participating in transactions under a false name; and misuse of the comments and rating section; The user acknowledges, declares, and undertakes that any use of platform comments for purposes outside the platform, such as publishing them outside the platform or using them to manipulate the systems, is the user's responsibility, and they will be held liable for any resulting damages and losses

20. The ideas, thoughts, and comments expressed, written, and used by registered users on the platform are entirely the personal opinions of the registered users, and Modesy bears no responsibility for these ideas, thoughts, and comments. In the event of any claim against Modesy, Modesy will forward the claim to the owner of the idea, thought, or comment, and reserves the right to seek recourse from the owner of all damages and losses.

21. Any registered user who violates one or more of the clauses in this registration agreement shall be personally liable, both criminally and legally, for such violation and shall hold Modesy harmless from the legal and criminal consequences of these violations. Furthermore, in the event that the matter is brought to court due to this violation, Modesy reserves the right to claim compensation from the registered user for non-compliance with the registration agreement.

22. Modesy reserves the right to unilaterally terminate the registration of any registered user at any time. The registered user acknowledges in advance that they will not object if Modesy exercises this right.

23. 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, or using automated programs, robots, web crawlers, spiders, data mining, and data crawling software or systems such as "screen scraping" on the Platform without obtaining prior written permission from Modesy, and unauthorized copying, reproduction, publication, or use of all or part of any content on the Platform in this way, will result in legal action being initiated in accordance with the relevant articles of the Turkish Penal Code.

26. It is unlawful to use the platform or the content on it contrary to the terms of use specified in this registered agreement or the provisions of the applicable legislation; Modesy's relevant claims, lawsuits and pursuit rights are reserved.

27. It will not send programs that will harm or prevent the use of other registered users' computer, tablet or smartphone devices, systems, software, and their use. It will not claim compensation against Modesy management for any damages that may occur in case of any record obtained while using the services on the platform, delay or obstacle on the information communication line, or loss of information. The registered person acknowledges and declares that the contract will not be allowed, that the registered person is personally responsible for any content he or she sends or directs to the platform via e-mail, that the registered person knows that he/she must show a valid ID if requested during the delivery of the goods he/she has made, allow the recording of the identification information when necessary, and sign the delivery documents, otherwise the goods will not be delivered to him/her or the person he/she appoints as a representative, and therefore, even if the price of the purchased goods is paid, the delivery will not take place. and commits.

28. Modesy has no liability towards registered users or third parties due to temporary inability to provide services on the platform, such as updates or maintenance.

29. The platform administrator has the right to block the registered user without any prior notification.

30. The Administrator cannot guarantee that the platform will provide simultaneous, error-free and secure service, does not guarantee that the results obtained from the use of the service are accurate and reliable, and that the service quality will meet the expectations. 31. When necessary, free services within the platform may be converted into registered services, additional services may be opened or some services may be partially or completely canceled. 32. The Registered hereby acknowledges that it is only the Registered and not the seller. 33. In cases where Modesy deems it necessary due to the lawsuits to be filed against the registered person, upon the request of the competent authorities in accordance with the legislation in force, it may share the information of the registered person with the relevant authorities.

9- ACCESS TO THE SITE

1. The Registered User acknowledges and declares 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.
2. 2. Modesy reserves the right to change the content of the site at any time, and to change or terminate any service provided to users.
4. 10- PAYMENTS
5. 1. On the platform, Modesy, on the other hand, 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 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.
7. 11- AMENDMENTS TO THE AGREEMENT 1. 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 it does not violate the provisions of applicable legislation, by posting the amendments 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.
8. 2. 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 changed, updated, or canceled will be effective for all registered parties from the date of publication.

12- INTELLECTUAL PROPERTY AND LICENSE RIGHTS

1. 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 trademark, design, logo, trade dress, slogan, and other content created by Modesy are the property of Modesy itself. 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 written permission. 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.
2. 2. The Modesy brand and logo, the Platform's software and design, and all related brands, designs, logos, slogans, and similar content created by Modesy are the property of Modesy. Industrial property rights and/or other intellectual property rights related to these are protected by relevant laws, and the registered party may not use, acquire, or modify them 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.
3. 3. The Platform management owns the property rights and licenses/copyrights arising from the ownership of information, documents, software, designs, graphics, etc., that it produces and/or purchases from external sources.
4. 13- TAXATION 1. All legal changes that occur outside the scope of this agreement are outside the responsibility of Modesy management and will be reflected in the agreement as necessary.
5. 14- AFTER-SALES
6. 1. In case of force majeure, the manufacturing or transportation of goods in stock may be delayed, and if necessary, a full or partial refund of the payment may be made, or the order may be canceled and the amount refunded to the customer's bank account.
7. 2. In cases where the manufacturing or delivery of orders cannot be made, the order will be canceled, and if applicable, the order amount will be refunded to the customer's bank account.
8. 3. The display of goods advertised for sale in the virtual store does not guarantee that the goods will be in stock.
9. 15- DELIVERY
10. 1. Delivery of assembly parts or accessories is by cargo; otherwise, due to the volumetric size of the order, delivery is made by transport. If the buyer is not at the delivery address, a delivery note will be left at the address by the cargo or transport company indicating that delivery could not be made. If the buyer contacts the cargo or transport company 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.

16- MISCELLANEOUS PROVISIONS

1. Evidence Agreement: The Registered Party acknowledges that 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 that this clause constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
2. 2. The parties acknowledge 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.
3. 3. The Registered Party acknowledges that it can manage its commercial electronic communication preferences from the "Update Registered Information" section in the "My Account" section.
4.  4. Applicable Law: This registered agreement shall be subject to the laws of the Republic of Türkiye.
5. 5. Notification: Modesy will contact the registrant via the email address provided during registration or by making a phone call or sending a short message (SMS) to the phone number provided.
6. 6. The registrant is obliged to keep their contact information up-to-date.
7. 7. 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.
8. 8. Transfer of the Registration Agreement: The rights or obligations in this registration agreement may not be assigned in whole or in part.
9. 9. Modification and Waiver: The failure of either party to exercise or enforce any right granted to it under this agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.
10. 17- APPLICABLE PROVISIONS
11. 1. 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.
12. 18- AUTHORIZED COURTS AND ENFORCEMENT OFFICES
13. 1. Istanbul Consumer Arbitration Boards, Istanbul Courts, and Enforcement Offices shall have jurisdiction in resolving all disputes arising from the application of this agreement.
14. 19- EFFECTIVE DATE
15. 1. This agreement shall enter into force between the parties indefinitely from the moment the registration form is completed, the service is received using the platform, or an order is placed. 2. The person's registration on the platform means that they have read all the clauses in the registration agreement and accept the clauses in the registration agreement. This Agreement is concluded and enters into force mutually at the moment the person is registered.
16. 20- TERMINATION OF THE AGREEMENT
17. 1. The parties may terminate this agreement at any time.
18. 2.
19. This agreement shall remain in effect until the registrant cancels their registration or until the registration is canceled by Modesy. 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 20 articles, has entered into force as of the moment it is approved electronically by the registrant, after each provision has been read and fully understood.