ARTICLE 1 PARTIES

This agreement is concluded between the SELLER, whose information is provided below, and the persons who access the website by entering personal information such as name, surname, username, or e-mail address and a password determined by them on the website www.modalco.com, or who complete their shopping by entering personal information such as credit card details, billing name, surname, address, and telephone number, by being read prior to the completion of the shopping and by checking the box on the shopping page.

SELLER

SELLER INFORMATION:

Title                           : Modalco (Hereinafter referred to as « Modalco » or « SELLER ».)

Address                         : Karşıyaka Mh. Odabaşı Cad. Küme Evler, No:4089/3 Mamak/ Ankara

Phone                         :

E-mail address           : info@modalco.com

Product return address : Modalco

                                    Karşıyaka Mh. Odabaşı Cad. Küme Evler, No:4089/3

                                    Mamak/ Ankara

                                 

ARTICLE 2 - SUBJECT

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically from the www.modalco.com website belonging to the SELLER.

ARTICLE 3 - RIGHT OF WITHDRAWAL

3.1 The BUYER has the right to withdraw from the contract within 14 days without giving any reason, starting from the delivery of the product subject to the contract to themselves or to the person/organization at the address indicated by them.

3.2 In order to exercise the right of withdrawal, notification must be made to the SELLER by fax, telephone, or e-mail within the 14-day period, and the product must not have been damaged during normal use within the framework of the provisions of Article 6 and the preliminary information published on the www.modalco.com website, which is an integral part of this Agreement, and must be in a condition to be offered for sale again by the SELLER.

3.3 In case this right is exercised,

• The invoice of the product delivered to the third party or the BUYER; if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued on behalf of institutions will not be completed unless a RETURN INVOICE is issued.
• Return form,
• It is mandatory that the products to be returned are delivered complete and undamaged together with their box, packaging, and, if any, standard accessories.

3.4 Within 14 days following the receipt of these documents by the SELLER, the product price is refunded to the BUYER, and the product is received back by the SELLER within 14 days.

3.5 Provided that the right of withdrawal is exercised by the BUYER within the period and in accordance with the procedure, the shipping cost of the returned product shall be borne by the SELLER.

3.6 While the product is being returned to the SELLER, the original invoice presented to the BUYER at the time of delivery must also be returned, and if the invoice is not sent to the SELLER along with the product, VAT and, if any, other legal obligations cannot be refunded to the BUYER. The phrase "return invoice" shall be written on the invoice to be returned with the product and signed by the BUYER.

ARTICLE 4 - GENERAL PROVISIONS

4.1 The BUYER declares that they have read the preliminary information regarding the basic qualifications of the product subject to the contract, the sales price including all taxes and the payment method, and the delivery and that the delivery costs will be borne by the BUYER, the period in which the delivery will be performed, and the full commercial title, physical address, and contact information of the SELLER, and that they have the correct and complete information and have given the necessary confirmation electronically. The preliminary information form and the sales invoice located on the payment page of the www.modalco.com website are integral parts of this Agreement.

4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by them within the period explained in the preliminary information on the Website, depending on the distance of the BUYER's settlement, provided that it does not exceed the 30-day period. In case the seller fails to fulfill their performance within this period, the consumer may terminate the contract.

4.3 All kinds of shipping costs related to the delivery of the product shall be borne by the BUYER. If the SELLER has declared on the website that the delivery fee will be covered by them for those who shop above a certain figure announced or in some campaigns, the delivery cost shall be borne by the SELLER.

4.4 Delivery is made as soon as possible after the stock is available and the price of the goods is transferred to the SELLER's account.

4.5 Unless otherwise stipulated, the product subject to the contract must have been fully paid for by the BUYER before taking delivery.

4.6 In the event that the product subject to the contract cannot be found at the delivery address specified by the BUYER and the delivery is not accepted by the persons present at the address, the SELLER shall be deemed to have fulfilled their obligation. If there is no one at the address specified by the BUYER to take delivery, it is the BUYER's responsibility to follow up on the delivery of the product in question, and the SELLER cannot be held responsible for this.

4.7 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

4.8 The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems that the cargo company may encounter during the delivery stage of the product to the BUYER.

4.9 The BUYER is obliged to carry out all necessary checks at the moment they receive the product from the cargo company. In the presence of any problem arising from the delivery stage, the BUYER is obliged not to accept the product and to have a report drawn up by the official of the cargo company.

4.10 The SELLER is responsible for the delivery of the product subject to the contract as sound, complete, in accordance with the qualifications specified in the order, and with warranty certificates and user manuals, if any.

4.11 The SELLER may supply a different product of equal quality and price to the BUYER before the expiry of the performance obligation arising from the Agreement, provided that it is based on a justifiable reason.

4.12 If the SELLER cannot fulfill the contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, they shall notify the BUYER within three (3) days from the date they learn of this situation and may supply a different product of equal quality and price to the BUYER, as well as refund all payments collected within at most fourteen (14) days from the date of this notification.

4.13 For the delivery of the product subject to the contract, it is mandatory that the signed copy of this Agreement has been delivered to the SELLER and the price has been paid by the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in bank records, the SELLER is deemed to be released from the obligation to deliver the product.

4.14 If the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product in a way that is not caused by the BUYER's fault, it is mandatory for the product to be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, transportation costs belong to the BUYER.

4.15 If the SELLER cannot deliver the product subject to the contract in time due to force majeure or extraordinary situations such as weather conditions that prevent transportation or interruption of transportation, they are obliged to notify the BUYER. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with its equivalent, if any, and/or postpone the delivery period until the obstructive situation is removed. In case the BUYER cancels the order, the amount they paid is refunded to them in cash and in lump sum within fourteen (14) days.

In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within fourteen (14) days after the order is canceled by the BUYER. The reflection of this amount to the BUYER's accounts after the refund to the bank is entirely related to the bank transaction process, and it is not possible for the SELLER to intervene in this matter in any way.

If the BUYER has made a payment to the SELLER to purchase the product subject to the contract using reward points; unless otherwise agreed, the refund can be made as points within the same period.

If the BUYER has earned reward points, gifts, etc. (anything with monetary value) from the product they have purchased; unless otherwise agreed, they will be taken back from the BUYER.

In case of detection of unfair reward point usage or reward point acquisition, the monetary amount of these reward points may be collected from the BUYER by the SELLER.

4.16 All records kept by the SELLER (computer, audio recordings, etc.) constitute evidence in resolving any disputes arising from this agreement.

ARTICLE 5 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

5.1 Returns of products that are disposable, goods prepared in line with special requests or personal needs, goods whose prices change depending on economic fluctuations in the markets independently of the SELLER, copyable software and programs, and products that are rapidly perishable or likely to expire are not accepted.

5.2 The return of the following products is conditional upon the product's packaging not being opened or damaged, and the product not being used or tried.

• All kinds of cosmetic products
• Underwear products
• All kinds of personal care products

ARTICLE 6 - DEFAULT OF THE DEBTOR

In the event that the BUYER falls into default, the BUYER agrees to pay the damages and losses of the SELLER arising from the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER will not be obliged to meet any damage and loss claims.

ARTICLE 7 – LEGAL APPLICATION RIGHT OF THE PARTIES

In the implementation of this Agreement, applications regarding the BUYER's complaints and objections can be made to the Provincial and District Arbitration Committees for Consumer Problems or Consumer Courts in the place where the consumer purchases the goods or services or where they reside, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December of each year. Other legal rights of the parties are reserved.

ARTICLE 8 - CONSUMER RIGHTS

1. Defective Goods

1.1 Goods that contain material, legal, or economic deficiencies that are contrary to the quality or quantity affecting the quality contained in their packaging, label, introduction and user manual, or advertisements and announcements, or reported by the seller, or determined in their standard or technical regulation, or that reduce or eliminate their value in terms of purpose or the benefits the consumer expects from them, are accepted as defective goods.

1.2 In this case, the consumer has the right to return from the contract including a refund, replace the good with a non-defective one, or demand a price reduction at the rate of the defect or free repair. The seller is obliged to fulfill this request preferred by the consumer. Along with one of these optional rights, the consumer also has the right to claim compensation from the manufacturer-producer in cases that cause death and/or injury and/or cause damage to other goods in use caused by the defective good.

1.3 Those held responsible for defects under this article are subject to a two (2) year statute of limitations from the date of delivery of the good to the consumer, even if the defect appears later, unless they have assumed responsibility for a longer period against defects. Claims for all kinds of damages caused by defective goods are subject to a three (3) year statute of limitations. These claims expire ten (10) years after the date the good causing the damage is put on the market. However, if the defect of the sold good has been hidden by the seller with gross negligence or fraud from the consumer, the statute of limitations cannot be utilized.

1.4 Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.

1.5 It is mandatory to put a label containing the phrase "defective" on the defective good to be offered for sale or on its packaging in a way that the consumer can easily read. There is no obligation to put this label only in places where defective goods are sold or where a section such as a floor or department is permanently allocated to the sale of defective goods in a way that the consumer can know. The fact that the good is defective is shown on the invoice, receipt, or sales document given to the consumer.

1.6 Unsafe goods cannot be offered to the market even with a defective label. The provisions of the Product Safety and Technical Regulations Law No. 7223 apply to these products.

1.7 These provisions also apply to every consumer transaction related to the sale of goods.

2. Warranty Certificate

2.1 Manufacturers or importers are obliged to issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility to complete and give the warranty certificate, which contains the date and number of the invoice related to the good, to the consumer belongs to the seller, dealer, or agency. The warranty period starts from the date of delivery of the good and is at least two (2) years. However, the warranty conditions of some goods may be determined by another unit of measurement by the Ministry due to their nature.

2.2 The SELLER is obliged to repair the goods covered by the warranty certificate if they malfunction within the warranty period, without demanding any fee under the name of labor costs, replaced part price, or any other name.

2.3 If the consumer has exercised the right of repair, they may exercise their optional rights in cases where they cannot benefit from the good due to frequent malfunctions within the warranty period, or the maximum time required for repair is exceeded, or it is understood that its repair is not possible. The seller cannot reject this request. In case this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer, and importer are jointly and severally liable.

2.4 Malfunctions arising from the consumer's use of the good in violation of the issues in the user manual are outside the scope of the provisions of paragraphs 2.2 and 2.3.

2.5 The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of malfunctions of these goods by taking the opinion of the Turkish Standards Institution.

3. Warranty and Repair Period

3.1 The warranty period starts from the date of delivery of the goods to the consumer and is at least two (2) years and/or the value determined by the unit of measurement in the attached list.

3.2 In case the warranty period is determined by another unit of measurement, the good must have a mechanism for determining this unit of measurement, or its structure must be suitable for the determination of this value. Otherwise, it is accepted that the warranty period is two (2) years.

3.3 In the event of a malfunction of the good, the time spent on repair is added to the warranty period.

3.4 The repair period of the good cannot exceed the maximum repair period announced in the attached list. This period starts from the date of notification of the malfunction related to the good to the service station, or in the absence of a service station, to one of the seller, dealer, agency, representative, importer, or manufacturer-producer of the good. The consumer may make the malfunction notification via telephone, fax, e-mail, registered mail with return receipt, or a similar method. However, in case of a dispute, the burden of proof lies with the consumer.

3.5 If the malfunction of the good cannot be resolved within ten (10) business days, the manufacturer-producer or importer is obliged to allocate another good with similar features for the consumer's use until the repair of the good is completed.

 

4. Obligation of Free Repair

4.1 The SELLER is obliged to perform or have the repair performed without demanding any fee under the name of labor costs, the price of replaced parts, or any other name, in case the good malfunctions within the warranty period due to material, workmanship, or assembly defects.

4.2 Whether a malfunction is due to a user error is determined by a report prepared by the service stations, or if a service station is not available, in order, by one of the following: the seller, dealer, agency, representative, importer, or manufacturer-producer of the good.

4.3 Consumers may apply to the relevant provincial or district consumer arbitration committee with the request for an expert assessment regarding the report mentioned in clause 4.2.

 

5. Other Obligations

5.1 Although the consumer uses their right to repair, if the good;

1. a) Malfunctions at least four (4) times within one (1) year starting from the date of delivery to the consumer, provided that it remains within the warranty period, or six (6) times within the warranty period determined by the manufacturer-producer and/or importer, and these malfunctions make it continuously impossible to benefit from the good,
2. b) The maximum time required for its repair is exceeded,
3. c) It is determined by a report prepared by the company's service station, or in the absence of a service station, in order, by one of the seller, dealer, agency, representative, importer, or manufacturer-producer, that the repair of the malfunction is not possible, the consumer may request a free replacement of the good, a refund, or a price reduction at the rate of the defect.

5.2 The report mentioned in clause 5.1 (c) must be prepared within fourteen (14) days from the date of the consumer's application. In cases where the report is not prepared within the specified period or the consumer does not accept the report, the consumer may apply to the relevant provincial or district consumer arbitration committee and request the determination of the current situation.

5.3 The SELLER cannot reject the consumer's specified requests. The seller, dealer, agency, manufacturer-producer, and importer are jointly and severally liable against these requests of the consumer.

 

SELLER

MODALCO