Terms of Use
Site: www.modalco.com (“Site”)
Service Provider/Data Controller: Modalco
Address: Karşıyaka mh. Odabaşı cd. No:4089/3 Mamak/Ankara
E-mail: info@modalco.com
These Terms of Use regulate the rights and obligations regarding the use of the Site by all natural/legal persons who visit or become members of the Site (“User”). Anyone who accesses the Site is deemed to have read and accepted these Terms. The Privacy and Security Policy, KVKK (PDPL) Disclosure Text, and Cookie Policy are an integral part of these Terms.
1. Definitions
-
Buyer/Customer: The person who purchases products/services via the Site.
-
Seller: Modalco.
-
Member: The user who logs into the Site by creating an account.
-
Distance Sales Contract: The contract established in an electronic environment at the order stage.
2. Scope and Modification of Terms
Modalco may unilaterally update the Terms; modifications become effective as soon as they are published on the Site. Continued use of the Site by users means that they accept the modifications.
3. Use of the Site
-
The Site must be used in accordance with the applicable legislation and general ethical rules.
-
Actions aimed at violating system security, obtaining source codes through reverse engineering, or creating excessive load via robots/automation are prohibited.
-
Member account is personal; password security is the User’s responsibility.
4. Membership and Account
-
Accurate and current information must be provided for membership.
-
Modalco is not responsible for the failure of the user to update changes in their information.
-
Modalco reserves the right to suspend/terminate membership in case of violation of legislation or Terms.
5. Product Information, Price, and Campaigns
-
Product features, prices, and campaigns are as declared on the Site; stock information may change dynamically.
-
In case of typos/incorrect pricing, the order may be cancelled; if payment has been processed, the amount will be refunded.
-
Taxes are included in the prices; shipping costs and similar expenses are shown separately on the payment/delivery page.
6. Order, Establishment of Contract, and Payment
-
With the completion of the order, the Distance Sales Contract is established electronically.
-
Payments are processed through licensed payment institutions/banks; card data is not stored in Modalco systems.
-
In case of security concerns, Modalco reserves the right to suspend/cancel the order and request verification from the User.
7. Delivery
-
Deliveries are made via PTT Cargo to the address specified by the User.
-
Estimated delivery time is 2–5 business days (may change during public holidays and periods of high campaign intensity).
-
If the package is damaged/missing at the time of delivery, a report must be drawn up, reported to the courier, and Modalco must be notified immediately.
8. Right of Withdrawal and Return/Exchange
-
The Buyer may exercise the right of withdrawal within 14 days from the date of receipt of the product, without providing any justification, in accordance with the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts.
-
Return shipping cost belongs to the customer. (Exceptional cases such as sending the wrong/defective product are reserved.)
-
The product must be sent with its invoice and accessories, unused, undamaged, and if possible, in its original packaging.
-
Exceptions to the right of withdrawal:
-
Cosmetic products and
-
Underwear products that are not suitable for return due to hygiene reasons cannot be returned after the packaging is opened.
-
Personalized products, products produced according to dimensions, rapidly perishable products, or products with expiration dates that may pass.
-
-
Once the withdrawal notice reaches Modalco, the refund is processed within the legal period.
9. Warranty, Defective Goods, and Liability
-
The manufacturer’s/importer’s warranty applies to products under warranty.
-
In case of defective goods, the user may exercise their elective rights under the legislation (refund, discount at the rate of defect, free repair, or replacement with a non-defective equivalent).
-
Modalco does not guarantee that the Site will be uninterrupted/error-free; it cannot be held responsible for force majeure or reasons beyond its reasonable control.
10. Intellectual and Industrial Property Rights
All content on the Site (brand, design, images, texts, codes, etc.) belongs to Modalco or its licensors. It cannot be copied, distributed, modified, or used for commercial purposes without written permission.
11. Privacy, Data Protection, and Cookies
Your personal data is processed in accordance with the KVKK Disclosure Text and Privacy and Security Policy; cookies are managed according to the Cookie Policy.
-
KVKK Disclosure Text: /pages/kvkk-aydinlatma-metni
-
Privacy and Security: /pages/gizlilik-ve-guvenlik
-
Cookie Policy: /pages/cerez-politikasi
12. Third-Party Links
The Site may contain links to third-party sites. Modalco is not responsible for the security and content of these sites.
13. Force Majeure
Modalco cannot be held responsible for any breach of obligations arising from force majeure events such as natural disasters, fire, epidemic, war, strikes/lockouts, infrastructure and internet failures, power cuts, etc.
14. Governing Law and Jurisdiction
The Terms are subject to the laws of the Republic of Türkiye. In case of disputes, Consumer Arbitration Committees/Consumer Courts and authorized courts/public authorities in accordance with the HMK (Civil Procedure Code) are authorized.
15. Contact
For all your notifications and requests, you can contact us at info@modalco.com.
