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MEMBERSHIP AGREEMENT

1. PARTIES

This hereby Membership Agreement (“Agreement”); between the owner of www.modanisa.com and mobile phone applications, located at: Altunizade Mahallesi Kuşbakışı Cad. No:27/1 Üsküdar/İstanbul, MODANİSA ELEKTRONİK MAĞAZACILIK VE TİC. A.Ş., (“MODANISA”) and the website user or member users of mobile applications becoming a member of www.modanisa.com and the mobile application (“Platform”) by accepting the conditions below (“Member”); has been drawn up to determine the conditions which need to be met for a Member to benefit from the Services offered by MODANISA.

The BUYER and the SUPPLIER shall be hereinafter referred to as "Party" individually and "Parties" collectively.

 

2. DEFINITIONS

Seller: Refers to the legal person launching or selling a product or service which is subject to electronic trade via a platform.

Buyer: Refers to the legal person who buys or acts with the intention to buy products or services subject to electronic trade via a platform.

Service provider: Refers to real or legal persons operating in electronic trade.

Outsourced Service provider: Refers to real or legal persons who provide the electronic trade environment to allow other persons to carry out economic and commercial trade activities

Policy for Privacy and Protection of Personal Data: Refers to the text which can be accessed via the wwww.modanisa.com platform and which constitutes the general privacy policy related to MODANISA’s personal data and use of cookies, including in the forms in which and purposes for which MODANISA will use these personal data submitted by Members via the Platform.

My Account Page: Refers to the page specific to the Member which only the Member can access with the user name and password created by them, where, for a Member to benefıt from various applications and Services on the Platform, they can carry out all necessary transactions, where they can enter the personal data and information required for the application.

Services: Refers to the applications implemented by MODANISA to ensure Members perform the functions and transactions defined in the hereby Membership Agreement.

LPPD: Refers to The Law on Protection of Personal Data no 6698 .

Member: Refers to the real persons who have accepted the conditions and privacy statements of the membership agreement found on www.modanisa.com and have gained the title of “Member.” User/Visitor: Refers to people who visit www.modanisa.com without becoming a member of the website. Guest User: Refers to people who shop from www.modanisa.com without becoming a member of the website.

 

3. RIGHTS AND OBLIGATIONS OF PARTIES

3.1. In order to gain membership status , the user who wishes to become a Member must approve the Membership Agreement found hereby on the Platform, fill out the required areas with correct and up-to-date information, and have their Membership application evaluated and approved by MODANISA. Users who wish to become a member must be over 18

(eighteen) years of age. Upon completion of the approval process and notification to the Member , the Membership status takes effect and thus, the Member shall have the rights and liabilities indicated in the hereby Membership Agreement and relevant areas of the Platform. Members who do not submit correct and up-to-date information when filling out the Membership Agreement in question, is personally liable for all harm that may occur. The Member always has the right to cancel their membership status by clicking on the “Cancel Membership” button on their My Account Page. Canceling membership does not imply non approval of commercial electronic messages being sent. The Member is required to separately and specifically revoke their approval for electronic message sending.

3.2. In the case of dispute concerning the person to which the rights and liabilities of membership belong and the persons in question submitting a request with MODANISA in this respect, the person who last made a payment to MODANISA for any given Service via the relevant Membership account will be accepted as the owner of the Membership account and action will be taken accordingly.

3.3. In the case where a Member wishes to initiate a legal transaction or a purchasing process in relation to the campaigns and/or advertisements displayed on the Platform, they accept and express that they are obliged to fulfill all legal obligations and complete all legal procedures required, including those stated on the Platform, and that MODANISA shall not be responsible to be aware of or to undertake the obligations and procedures in question.

3.4. The Member, in the distant sales contract to be drawn up with the purchases from MODANISA via the Platform, accepts and expresses that MODANISA is the Seller party and they are the Receiving party; they accept and express that MODANISA, in terms of the abovementioned distant sales contract relationship, is only liable towards them in respect of the Seller’s consumer law and legislation which are applicable , and that they themselves assume full responsibility in respect of all other legislations.

3.5. MODANISA will have the authority to collect for the products which a Member will purchase from the seller and the Receiver, with the payment they will make to MODANISA, will be relieved from the obligation of paying the Seller.

3.6. The Member, with regards to the transactions and correspondence they carry out via the Platform, accept and express they will adhere to the provisions in this hereby Membership Agreement, to the applicable legislations and to the code of ethics. The legal and criminal liabilities related to the Member’s actions and transactions within the Platform rest with the Member.

3.7. Pursuant to the applicable legislations , in the event a request submitted by competent authorities, MODANISA will be able to share the information it has, related to the Member, with the authorities in question.

3.8. In cases of forgery, fraud, misuse of the Platform, and offences which may constitute a crime in terms of the Turkish Criminal Law, personal data obtained from Members during the process of membership via the Platform and/or shopping, may be provided to other Members who may be parties to an offense , limited to the issue in request for parties to exercise their legal rights and limited to this context.

3.9. The user name and password information required by the Member to access the My Account Page and carry out transactions via the Platform is created by the Member; the responsibility regarding the privacy and security of this information shall rest with the Member. The Member accepts and declares in advance that the user name and password creation operations were carried out by them, that the responsibility arising from these transactions shall rest with them , and that they will not raise any plea and/or objection

alleging that they did not personally carry out these transactions and/or that they will not abstain from fulfilling their obligations in relation to this plea or objection.

3.10. The Member shall not use the Platform in a manner that is contrary to law and morality, especially in the following cases.

3.10.1. Using the Platform as a database on behalf of any person, to create a recording or directory, to check, update or modify;

3.10.2. Using the Platform to disrupt it completely or partially, to alter it or use it for reverse engineering purposes;

3.10.3. Carrying out transactions with false information or by using another person's information, false or misrepresented residential address, electronic mail address, contact, payment or account details included, incorrect or misrepresented personal data usage for creating fake Membership accounts and the misuse of these accounts in relation to the Membership Agreement or applicable legislations , using another Member’s account without permission, acting as another person or acting as a party or participator with an false name;

3.10.4. The use of comment and rating systems for purposes which are irrelevant to the Platform such as publishing the comments on the Platform in places other than the Platform, or in ways that are irrelevant to its purpose such as using it to manipulate systems;

3.10.5. For a virus or other harmful software to spread throughout the Platform, the Platform's database, any content on the Platform;

3.10.6. For actions which will cause an overload on the technical systems and communications or harm the technical process to take place, for “screen scraping” software or systems to be used on the Platform without MODANISA’s written consent, such as automatic programs, robots, web crawlers, spiders, data mining and data crawling, and for any content on the Platform, completely or partially, to be copied, published or used.

3.11. The Member is responsible for carrying out transactions on the Platform without causing MODANISA material and the Platform technical harm under any circumstances. The Member accepts and guarantees that they have taken all necessary precautions to protect the Platform from all kinds of harmful programs, viruses, softwares, unlicensed products, trojans, etc., including using security software and licensed products. The Member, in addition, accepts that they will not enter the My Account Page via robot or automatic access methods.

3.12. Usage of the Platform or its contents contrary to the conditions of use indicated in the hereby Membership Agreement or applicable legislation provisions will be deemed contrary to the law; MODANISA reserves the right to file lawsuits suits, bring claims and pursuance.

 

4. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

“MODANISA is subject to both the PDPL (Turkish Personal Data Protection Law no. 6698) and the EU General Data Protection Regulation 2016/679 (“GDPR”), in relation to processing personal data obtained from Members. MODANISA collects, uses, transmits and processes personal data provided by Members, pursuant to the Turkish Policy for Privacy and Protection of Personal Data, GDPR Privacy Policy and this Agreement found on the platform www.modanisa.com. The Turkish Policy for Privacy and Protection of Personal Data and GDPR Privacy Policy are both part of this Membership Agreement.

In the situations that you do not reside in Turkey and you make the payment through Discover, Carte Bancaire, JCB, Maestro, Union Pay, Sofortuberweisung, QIWI, Bancontact, Diners, Hipercard, Sepa Direct Debit and IDEAL card and through AMEX card in USA, your payments shall be processing over Modanisa London Limited entity through your order number without accessing your personal data.

 

For more information regarding our use of personal data and your rights in relation to these matters;

To learn how we protect and process your personal data under PDPL;

You will find our Turkish Policy for Privacy and Protection of Personal Data here [Turkish Policy for Privacy and Protection of Personal Data] and you may exercise your rights by sending an e-mail to this address: kisiselverilerim@modanisa.com.

 

Also;

If you are located in a member state of the European Union, to learn how we protect and process your personal data under GDPR; You will find our GDPR Privacy Policy here [GDPR Privacy Policy] and you may exercise your rights by sending an e-mail to our Data Protection Officer at dpo@modanisa.com. The e-mail address you use to contact us must be the e-mail address you submitted during your Modanisa membership process. Requests received from other e-mail addresses will not be responded to unless you are able to prove to our reasonable satisfaction that you are in fact a Member.”

 

 

5. INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights of the “Modanisa” brand and logo, “Modanisa” mobile application and Platform design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and other content produced by MODANISA in relation to these, belong to Modanisa. Members cannot use, share, distribute, exhibit, copy or reproduce work derived from the property of MODANISA or its subsidiaries which are subject to intellectual property rights, without written consent. Members cannot use the mobile application or the Platform, in full or partially, in another environment without the written consent of MODANISA. In the case where a Member or third parties act in breach of the intellectual property rights of MODANISA, the Member is obliged to compensate for the direct and indirect harm and costs of MODANISA and/or the third party in question.

 

6. AMENDMENTS TO THE AGREEMENT

MODANISA can unilaterally amend all kinds of policy, provision and condition as they see fit, including the Policy for Privacy and Protection of Personal Data by means of announcing via the Platform, provided that they comply with the applicable legislation provisions. Changing provisions in the hereby Membership Agreement will become valid as of the date they are announced on the Platform, remaining provisions will remain valid to generate verdicts and results.

 

7. FORCE MAJEURE

In the event that insurgency, embargo, government intervention, rebellion, invasion, mobilization, strike, lockout, work actions or strikes, cyber attacks, communication problems, infrastructure and internet breakdowns, system improvement and renewal work and breakdowns that may occur due to these, electricity cuts, fire, explosions, storms, floods, migration, epidemics or other natural disasters or other events which are beyond the control of, which cannot be attributed to MODANISA and cannot be foreseen (“Force Majeure”) prevent or delay MODANISA from fulfilling the obligations of the hereby Membership Agreement, MODANISA cannot be held liable for the prevented or delayed obligations due to Force Majeure and this situation cannot be deemed as a breach of the hereby Membership Agreement.

 

8. GENERAL PROVISIONS

8.1. Members accept that in the case of a dispute which may arise from the hereby Membership Agreement, MODANISA’s official books and commercial records and the e-archive records kept in MODANISA’s database and servers, electronic information and computer records will be considered binding, crucial and exclusive evidence and that this clause will be considered as an evidential contract in terms of the 193rd clause of the Civil Courts Law no.6100.

8.2. The hereby Membership Agreement will be exclusively governed by the Laws of the Republic of Turkey . Istanbul Consumer Arbitration Board and Istanbul (Caglayan) Courts and Enforcement Office shall have jurisdiction over the settlement of all kinds of dispute arising from the hereby Membership Agreement or related to this hereby Membership Agreement

8.3. MODANISA will contact the Member via the e-mail address, via telephone or by sending an SMS, details of which were provided by the Member during the membership process. The Member is responsible for keeping their e-mail address and telephone number up to date.

8.4. This hereby Membership Agreement constitutes the entire agreement between the Parties relating to the matter. , .Should any provision in this Membership Agreement is declared invalid in part or in full, inapplicable or unreasonable by an authorized court, arbitration commission or administrative authority,this Membership Agreement shall be deemed as severable to the extent of the invalidity, inapplicability or inadvisability in question, and remaining provisions shall continue to be in effect.

8.5. Members cannot completely or partially assign their rights or obligations specified in the hereby Membership Agreement without a prior written consent from MODANISA.

8.6. Failure to exercise or perform any right granted to it under this Contract by either Party shall not be construed as a waiver of such right or shall not prevent future exercise or performance of such right.

 

As of the 8th clause onwards, this hereby Membership Agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment.

MODANİSA ELEKTRONİK MAĞAZACILIK VE TİC.A.Ş. 

POLICY FOR CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

 

  1. POLICY OBJECTIVE AND SCOPE

The objective of this Policy for Confidentiality and Protection of Personal Data (“POLICY”) is to inform individuals in relation to the processing of personal data of job applicants, suppliers, online and physical visitors, members, customers, shareholders and partners of MODANISA’s (“Data Supervisor”).

  1. APPLICANTS
    1. Personal Data Collected in Relation to Applicant Group of Individuals

In relation to the group of individuals applying for a job, MODANISA may process information such as;

  • Personal background, work experience, educational background, foreign language certificate and other certificates,
  • Name and surname, address, date of birth, e-mail address, telephone number and other contact details,
  • Records of information obtained during face to face interviews or via teleconference, video call or telephone,
  • References or information obtained via research conducted by MODANISA, 
  • Results of recruitment assessment tools determining skills and personal attributes,
  • Salary expectations, disabilities and liabilities, 

and method of payment. Documents such as a criminal record and health report may also be required.

  1. Purposes for Collecting and Processing Personal Data of Applicants

MODANISA may process an applicant’s personal data  based on one or more purposes specified  in  the section of this POLICY, titled “VII. Personal Data Processing  Purposes,” in accordance with the nature of the application.

  • Evaluating the suitability of the applicant’s qualifications, experience and interest in relation to  the vacant position,
  • Checking the validity of the information submitted by the applicant or contacting third parties for reference check purposes when required,
  • Contacting applicant concerning the recruitment process or, if suitable, contacting the applicant for any position subsequently opened in the country or abroad,
  • Meeting the requirements of regulations or those of an authorized body or organization,
  • Developing and improving the recruitment principles implemented by MODANISA,
  • Implementing operations which are required within the context of occupational health and safety.
  1. Methods of Collecting and Processing of Personal Data of Applicants

Personal data of applicants may be collected during the recruitment process by employing other methods and tools specified  in this POLICY, or with additional methods and tools specified  below:

  • Application form in print or published in  an electronic environment,
  •  CVs which  have been submitted to MODANISA by applicants via e-mail, cargo, references and similar methods.
  •  Recruitment or consultancy firms and LinkedIn,
  •  Research carried out by MODANISA with the aim of confirming the accuracy of information obtained from the applicant during interviews conducted
  •  Via tools such as video conferencing and telephones,
  •  Recruitment tests which determine skills and personal attributes, carried out and analyzed by experienced experts.

MODANISA processes collected personal data via computer systems and human resources personnel, automatically and manually.

  1. Applicant Reference Checks

MODANISA may carry out reference checks in respect of  the applicant. The reference check process is usually carried out by means of confirming the accuracy of the information provided by the applicant. Determining factors  that may have been withheld by the applicant and which may have the capacity to cause a threat to MODANISA will be part of the research conducted.

In the context of the reference check, necessary personal data such as the identification information of third parties and applicants, work and educational backgrounds may be shared. Personal data concerning the applicant may be obtained from third parties .

Applicants may, at all times, contact MODANISA regarding the reference check process.

  1. Applicants’ Rights Related to their Personal Data

Applicants who wish to exercise their rights based on the Law on Protection of Personal Data no 6698 (“LPPD”) may apply to MODANISA in accordance with the rules and procedures declared in this POLICY.

  1. The Personal Data Collected During the Application Process Which will Continue to be Processed in the Instance of Recruitment

All personal data concerning the applicant which has been collected and processed during the application procedure are transferred to their personal file upon the decision to recruit the candidate for the vacant position.

  1. Security of Applicants’ Personal Data

With regards to  the personal data it processes,  MODANISA does not discriminate amongst data subject groups of individuals (such as applicants, group of individuals, interns). Detailed information regarding the security of personal data is found in the section of this document related to the security of personal data.

 

  1. PRINCIPLES IN RELATION TO PROCESSING OF PERSONAL DATA
    1. Processing in Compliance with Law and Principle of Honesty

In the processing of personal data, the principles which are enshrined in  legal regulations, and those which are related to general confidence and  honesty are being complied with .

  1. Ensuring that the Personal Data is Accurate and Up-To-Date when Necessary

Periodical verifications  and updates are made so  that the data processed are accurate and up-to-date, and the necessary measures are taken accordingly. In this context, systems for controlling the correctness of personal data and making necessary corrections are implemented in MODANİSA. These changes and updates can be made by members on the My Account page at www.modanisa.com.

  1. Processing for Specific, Clear and Legitimate Purposes

Personal data are processed in accordance with  clear, specific and legitimate data processing purposes. The purpose for  which the data will be processed is described in detail below.

  1. Being related to and Limited to the Purpose of Processing thereof, and Being Measured

In order for  the envisaged purpose/purposes to be realized, personal data are processed in a measured manner  and which is related to  and limited to the purpose, and we abstain from processing the personal data which are not related to achieving the purpose or which are not needed.

  1. Preserving for the Period Stipulated in the Relevant Legislation or the  Period Required for the Purpose of Processing Thereof

MODANİSA preserves personal data only for the period prescribed  in the relevant legislation or the  period required for the purpose of processing thereof. In this context ,  first of all we identify whether a period is stipulated in the relevant legislation for the preservation of personal data, if a period is prescribed  , we act in accordance with it , and if no period is prescribed , we preserve the personal data for the  period required for the purpose of processing thereof. In case of expiry of such period or in case the reasons requiring them to be processed cease to exist , provided  there is no legal reason for allowing them to be processed for longer periods, personal data are deleted, destroyed or anonymized in accordance with MODANİSA’s Policy on Preservation and Destruction of Personal Data.

Preservation periods have been additionally indicated below.

 

 

  1. TERMS AND CONDITIONS IN RELATION TO PROCESSING OF PERSONAL DATA

Express consent of the relevant person is only one of the conditions that needs to be satisfied according to the law and which makes processing of personal data legally possible. Apart from express consent, personal data may also be processed in case of the existence of one of the below-specified conditions stipulated by the law.

The basis on which  personal data processing  activity is carried out may be  one or more than one of the below-specified conditions specified by the law. In the case where the personal data processed constitute private personal data; conditions listed under the heading “Circumstances Where Private Personal Data May be Processed” will be applied.

Individuals are informed of which personal data are being processed under  this hereby POLICY, for which purposes and reasons the personal data are being processed, from which resources the personal data are collected, with whom these personal data will be shared, and how they will be used.

  1. Being Explicitly Stipulated by Laws

 MODANİSA can process the personal data of individuals without obtaining his/her express consent in cases where processing of personal data is explicitly prescribed  by laws For example, pursuant of the Law on Electronic Trade Regulation, personal data to be processed in respect of  procedures such as membership to MODANISA, granting electronic permission for trade, purchase orders, deliveries, cancellation or return of products.

  1. Inability to Obtain Express Consent of the Relevant Person Due to Actual Impossibility

Data may be processed without the explicit consent of an individual if it is compulsory to process personal data in order to protect the life or body integrity of the individual or any other person where  an individual cannot give his/her consent or whose consent is deemed invalid due to actual impossibility.

  1. Direct Relationship with Conclusion or Performance of a Contract

Personal data belonging to the parties of a contract may be processed in case it is necessary,  provided that it is   directly related to the conclusion or performance of said contract. For example, the personal data provided by the Member in order to complete their MODANISA membership procedure.

  1. Performance by MODANİSA of its Legal Obligation

Individuals’ data may be processed without obtaining explicit consent, where it is  compulsory to fulfill legal obligations as a data supervisor. For example, the delivery of an ordered product to a Member or the cost of a product being paid to the seller.

  1. Making Public the Personal Data of Individuals

In case individuals’ personal data are made public by themselves, data may be processed without the need to obtain express consent. .For example, personal data shared with the public by a member on the internet via HIS social media account, may be processed provided that it is done in accordance with the will and proportionality .

  1. Obligation to Process Data for Establishment or Protection of a Right

In the case where  data processing is mandatory in order to establish, exercise or protect a right, data may be processed without obtaining the express consent of the individual. For example, in relation to a complaint issued to the consumer arbitration committee by a Member, entering the transaction and information into this complaint folder.

  1. Processing of Data Based on Legitimate Interest

In case the data processing for MODANİSA's legitimate interests is compulsory provided that the fundamental rights and freedoms of the individuals are not infringed, the data may be processed without obtaining the individual's explicit consent. For example, MODANISA conducting satisfaction surveys in order to ensure Customer satisfaction.

  1. Processing of the Employee’s Personal Data Based on Express Consent

Employee personal data shall be  processed on the basis of express consent in cases where it can not be processed based on any of the conditions specified in Articles 3.1 to 3.7 above.

 

  1. CIRCUMSTANCES WHERE PRIVATE PERSONAL DATA MAY BE PROCESSED

Part of the personal data are categorized  as “private personal data”, and they are subject to a special protection.

  1. Processing of Private Personal Data Based on Express Consent

Private personal data may be processed in the event that the individual has given his/her express consent  in accordance with the principles specified in this hereby POLICY and by taking the necessary administrative and technical measures.

  1. Circumstances Where Private Personal Data may be Processed Without Express Consent

In cases where the individual has not given his/her express consent, in the following cases, private personal data are processed provided  that sufficient measures to be determined by the Board of Protection of Personal Data (“Board”) are taken:

  1. Private personal data other than  the individual’s health condition and sexual life, in cases where stipulated by laws,
  2. Private personal data in respect of the health of the individuals and sexual life shall be  only available to persons who are bound by the duty of confidentiality or authorized bodies and institutions for the purpose of public health protection, preventive medicine, medical diagnosis, treatment and  care services, planning and management of health services and financing.

 

  1. ENLIGHTENING AND INFORMING INDIVIDUALS

During the acquisition of personal data, individuals shall be informed by MODANİSA. In this context , they shall be  informed of the identity of the contact person of MODANİSA, the purpose for which personal data will be processed, to whom and for which purposes the data processed may be transferred, method of collecting personal data, and the rights that the employees are lawfully entitled to.

In case individuals request information in relation to their personal data, MODANİSA shall inform  them through ik@modanisa.com . Physical visitors shall be  informed about the video cameras present   on  MODANISA's premises . Additionally, there are signs placed at  visible points inside the building, which offer brief information.  With this hereby Policy, users visiting the MODANISA web site are informed; those who become Members are informed yet again not only by this  hereby Policy, but also with the details presented on the Membership page.

 

MODANISA Contact Person: Lawyer Fatih Onur LENGERLİ

                                           kisiselverilerim@modanisa.com

 

  1. CATEGORIZATION OF PERSONAL DATA

Within the scope of this policy, MODANİSA processes the data of individuals in the below-specified categories:

  • Credentials
  • Contact Details
  • Location Data
  • Information on Family Members and Kith and Kin
  • Physical Space Security Information
  • Financial Information
  • Personal Information
  • Candidate Employee Information
  • Individuals Processing Information
  • Legal Transactions and Compliance Information
  • Private Personal Data
  • Information on Complaint Management

 

  1. PURPOSE OF PROCESSING OF PERSONAL DATA
    1. Processing Conditions

Personal data are processed subject to  the following conditions. The conditions are;

  • The relevant activity in relation to the processing of your personal data is explicitly stipulated by laws,
  • The processing of your personal data by MODANİSA is directly related to and necessary for the conclusion or performance of a contract,
  • The processing of personal data is mandatory  for the fulfillment  of MODANİSA’s legal obligation,
  • Provided  that the personal data has been shared with  public by the individuals; to be processed by MODANISA in a proportional manner  for the purpose of publicity .
  • Processing by MODANİSA of personal data is mandatory  for the establishment, exercise or protection of rights of MODANİSA or its individuals or third persons,
  • Provided  that the fundamental rights and freedoms of individuals are not infringed ,  the processing personal data is obligatory in order to uphold  the legitimate interests of MODANİSA,
  • The processing of personal data by MODANİSA is mandatory for the preservation  of the life and physical integrity of the data owner or another person, and in such a  case where  the owner of personal data is  in a position where he /she cannot give his/her consent due to an actual impossibility or legal invalidity.

In the case that the above conditions are satisfied; MODANİSA seeks to obtain the  express consent of the personal data owners in order to process personal data.

  1. Processing Purposes

MODANISA shall process personal data for the following purposes:

Candidate Working Group:

  • Ensuring completion and implementation of   human resources policies and processes ,
  • Planning the selection and evaluation procedures of candidate worker’s applications,
  • Implementing required operations within the framework of occupational health and safety regulations,
  • The communication activities necessary for the placement of the working candidate,
  • Internship recruitment, placing  and planning of operational processes.
  • For intern lawyers; To fulfill the legal requirements within the scope of professional solidarity under the Legal Profession Act.

For the Customer Group:

  • Fulfilling the legal requirements stipulated  in the law on electronic trade and the Turkish code of commerce.
  • Planning activities focusing on customer satisfaction and/or experience.
  • Legal, regulatory and company management legislations and ensuring compliance with correct application.
  • Preparation of product to be delivered in accordance with the customer’s order and providing assurance that delivery shall be made e within guaranteed time frame.
  • In cases  of cancellation and returns, relaying information to relevant department to ensure that the customer is reimbursed as soon as possible.
  • .Establishing and implementing processes for ensuring the security of information.
  • For the risk to be reduced  to an acceptable level.
  • Risk Management.
  • Forming Access Authorization and Control Matrix.
  • Identifying Data Transfer techniques.
  • Creating data preservation processes and procedures
  • Identification and implementation of remote access procedures an processes
  • Use of results derived from the sharing of anonymous data within the framework of customer CRM applications  in decision support systems.
  • Correct targets within  the scope of campaign planning, feasibility studies and CRM.
  • Invoicing and regular pursuance.
  • Fulfilling company obligations.
  • Data collection to form a customer portfolio.
  • Data collection to bring a product which  is not in stock for customers.
  • Data collection to be able to provide tailoring services to customers.

For the Supplier Group (Supplier, Supplier Executive, Supplier Employee):

  • Management of the business process with suppliers.
  • Implementation of legal processes and requirements such as contracts for the service required .
  • Establishing  communication with the relevant supplier for production on behalf of the company.
  • Drawing up contracts with selected suppliers.
  • Carrying out purchasing procedures.
  • Monitoring and supervision of manufacturing process.
  • Managing communication with the depot during the cancellation procedures when deficient or faulty products are received.
  • Supervision of payments and granting approvals.
  • In accordance with the Occupational Health law and agreement.
  • Payment and supervision of premiums to be paid to employees and the government, pursuant of the SGK (Social Security Institution) regulation.
  • Checking whether employees hold a certificate of competency (a certificate, document of authority, etc. depending on their occupation)
  • Inspection of documents regarding  hygiene and working at heights.
  • Evaluation of supplier employees’ suitability according to OHS laws.
  • Checking whether Social Security Institution premium debts have been paid.
  • Gathering of required information and documents in order to establish  a legal relationship with the supplier.
  • Managing relationships with suppliers.
  • Ensuring company resources are used economically and focusing on  improvement of company operations based on customer oriented approach.
  • Determining the needs of the depot and resolving it in a speedy and cost-effective manner.
  • Carrying out purchasing transactions required by the company.
  • Preparation of required visuals for product promotion and marketing.
  • Recruitment of manpower required for the preparation of visuals necessary for product promotion and marketing.
  • Obtaining documentation from real person or legal entity supplier processing personal data indicating adherence  to liabilities in terms of Modanisa’s data security, pursuant to the LPPD.
  • Supervision of whether obligations are fulfilled  and planning auditing.
  • Foreseeing the liability for suppliers to preserve confidentiality indefinitely.
  • Drafting  a clause indicating that in the the case where  personal data relayed to suppliers is not obtained via legal channels, the supplier is obliged to inform Modanisa of the situation as soon as possible.

Claimant 3. For a Group of Individuals:

  • Legal, regulatory and company management legislations and ensuring compliance with correct application.

Public Official conducting the investigation or proceeding, for the administrative organ employee:

  • Obtaining information and documents required for the management of legal and administrative procedures.
  • Fulfilling legal obligations .

        For Online Visitors:

  • Requirement of adherence to legislative regulations.
  • Logging of online visitors and user’s system actions.

        For Shareholders/Partners:

  • Obtaining information and documents required for the management of legal and administrative procedures.

 

  1. TRANSFER OF PERSONAL DATA TO THIRD PERSONS NATIONALLY AND ABROAD

Personal data and private personal data belonging to individuals may be transferred to third persons (third party companies, group companies, real third persons) in accordance with their  processing purposes , by taking the necessary security measures.

  1. Transfer of Personal Data

Personal data may be transferred  to third parties in the the case where the  conditions  in LPPD’s Clause 8 and 9 are foreseen.

E-mail and/or telephone number may be shared with third parties abroad for singularization and match-up purposes. Information of anonymous quality about  online visitors which are non-member and their website use habits are collected with cookies and can be shared.

  1. Third Persons to Whom the Personal Data are Transferred, and Their Purpose of Processing

Your personal data may be transferred to the below-listed individuals :

  1. Business partners of MODANİSA,
  2. Suppliers of MODANİSA,
  3. Affiliates of MODANİSA,
  4. Shareholders of MODANİSA
  5. Legally competent public institutions and organizations,
  6. Legally competent private jurists.

Scope of the above-specified persons to whom transfer is made, and the purpose of data transfer are specified below.

 

  1. PRESERVATION PERIOD OF PERSONAL DATA

The preservation periods of personal data processed by MODANISA are indicated in the table below.

 

DEPARTMENT NAME

PERSONAL DATA GROUP

PERSONAL DATA CATEGORY

PRESERVATION PERIOD

LAW

Employee Data

Credentials

Contact Details

Financial Information

Information on Legal Transactions

Personal Information

Educational Information

Professional Experience and Knowledge

Information on Side Benefits

Personnel Group Information

Organization Information

Information on the Employee’s Performance and Career Development

Private Personal Data

10 years pursuant of Turkish Code of Obligations

 

Supplier Data (Real Person, Supplier Executive, Supplier Employee)

Credentials

Contact Details

Financial Information

Information on Legal Transactions

Risk Management

Private Personal Data

10 years following conclusion of legal relationship

 

Consultant/Trainer

Credentials

Contact Details

Financial Information

Information on Legal Transactions

Private Personal Data

10 years following conclusion of legal relationship

 

Intern Lawyer

Credentials

Private Personal Data

1 year following conclusion of internship

 

Customer

Credentials

Contact Details

Financial Information

Information on Legal Transactions

Private Personal Data

10 years following conclusion of legal relationship

 

Claimant 3. Individuals

Credentials

Contact Details

Financial Information

Information on Legal Transactions

Information on Customer Transactions

Transaction Security Information

Risk Management Information

Private Personal Data

10 years as of final judgment

 

Public official representative of the office running the investigation and proceedings

Credentials

Information on Legal Transactions

Private Personal Data

10 years as of final judgment

 

Shareholder/Partner

Credentials

Contact Details

Financial Information

Information on Legal Transactions

Educational Information

Private Personal Data

Unlimited Time

HUMAN RESOURCES

Employee Data

Credentials

Contact Details

Personal Information

Professional Experience and Knowledge

Financial Information

Information on Legal Transactions

Educational Information

Side Benefits

Private Personal Data

50 years

 

 

Copy of Marriage Certificate

Copy of Children’s IDs

Personnel Group Contact Details

10 years

 

Employee Candidate

Credentials

Contact Details

Personal Information

3 years

 

Intern (Normal)

Credentials

Contact Details

Personal Information

Financial Information

Educational Information

Information on Transactions of Employee

Private Personal Data

10 years

 

Intern (Mandatory)

Credentials

Contact Details

Private Personal Data

Educational Information

10 years

PRODUCT

Employee Data

Credentials

Contact Details

Corporate Identity Information

Information on Transactions of Employee

5 years following the end  of legal relationship

 

Customer Data

Contact Details

Upon the end of the legal relationship; 1 year as of the date of retrieval of the commercial electronic message permit, 3 years for all records related to electronic  trade, 2 years of traffic information pursuant of the law no. 5651, 10 years pursuant to TPL, TCO, TCC, Consumer Protection Law.

 

Supplier Data (Supplier Employee, Supplier Executive)

Credentials

Contact Details

Financial Information

Corporate Identity Information

Private Personal Data

Upon the end  of the legal relationship, 10 years in accordance with TCC and TPL.

PRIVATE LABEL

Supplier Data (Supplier Employee, Supplier Executive, Accounting Executive.

Credentials

Personal Information

Contact Details

Private Personal Data

Corporate Identity Information

Financial Information

 

10 years following the end  of legal relationship

 

Employee Data

Private Personal Data

10 years following the end of legal relationship

ADMINISTRATIVE AFFAIRS

Supplier Data (Supplier Employee, Supplier Executive)

Personal Information

Credentials

Private Personal Data

Financial Information

Contact Details

Information on Legal Transactions

10 years following the end  of legal relationship

IT

( INFORMATION TECHNOLOGIES)

Employee Data

Credentials

Personal Information

Contact Details

Risk Management Information

Transaction Security Information

10 years

 

 

Risk Management Information

(Mac Adress, Internet Logs)

2 years

 

Online Visitor Data

Transaction Security Information

Risk Management Information

 

2 years

 

Customer Data

Credentials

Contact Details

Financial Information

Information on Customer Transactions

Transaction Security Information

Risk Management Information

Information on Legal Transactions

10 years

 

Supplier Data

Credentials

Transaction Security Information

Corporate Identity Information

Contact Details

Financial Information

 

10 years

STORE

Employee Candidate Information

Credentials

Contact Details

Personal Information

Private Personal Data

2 years

 

Supplier Data

Credentials

Financial Information

Contact Details

Private Personal Data

10 years

BUSINESS DEVELOPMENT

Customer Data

Credentials

Financial Information

Contact Details

Purchase Order Information

Until the end of the project period.

 

Supplier Data

Contact Details

Corporate Identity Information

Financial Information

Until the end of the project period.

 

On-line Visitor Data

Credentials

Contact Details

Location Information

Information on Pages Visited

Until the end of the project period.

ACCOUNTING

Employee Data

Credentials

Contact Details

Corporate Identity Information

Financial Information

Personal Information

Private Personal Data

5 years in accordance with TPL, 10 years in accordance with TCC

 

Supplier Data

Credentials

Contact Details

Financial Information

Private Personal Data

5 years in accordance with TPL, 10 years in accordance with TCC

 

Customer Data

Credentials

Financial Information

Contact Details

5 years in accordance with TPL, 10 years in accordance with TCC

Purchase Department

Employee Data

Credentials

Corporate Identity Information

Contact Details

5 years following conclusion of legal relationship

 

Supplier Data

Credentials

Contact Details

Financial Information

Corporate Identity Information

Private Personal Data

Risk Management Information

10 years following the end of legal relationship

STUDIO

Employee Data

Credentials

Corporate Identity Information

Contact Details

5 years following the end of legal relationship

 

Supplier Data

Credentials

Contact Details

10 years following conclusion of legal relationship

 

 

Private Personal Data

(Photograph, video recordings)

70 years following the end  of legal relationship

 

 

Transaction Information

Arranged to be updated on an annual basis

 

  1. SAFETY OF PERSONAL DATA

To ensure the  safety of personal data, reasonable measures are taken which will prevent risks of unauthorized access , accidents and data losses, deliberate deletion of data or damages to data.

To prevent  access to personal data by persons other than those who have been granted authorisation to  access , all necessary technical and physical measures are taken. .In this context, particularly  the authorization system shall be  designed in such a way to make it impossible for anyone to access personal data to an extent which is more than required While ensuring safety of private personal data such as health data, measures which are more strict compared to  measures related to other personal data are taken.

Authorized persons are subjected to  necessary safety checks . In addition, the aforementioned persons are trained in relation to  their duties and responsibilities.

Records of access to personal data are kept to the extent permitted by technical opportunities, and these records are reviewed at regular intervals. When an unauthorized access is suspected , an investigation is immediately initiated .

MODANISA shall comply with the obligations specified below  for the purpose of ensuring safety of the data being processed:

  • Acting lawfully and honestly regarding  the matters related to the protection of personal data,
  • Processing the personal data accurately and in full,
  • Carrying out the necessary practices for the purpose of updating the personal data which are outdated.
  • When he/she notices any contradiction with  the law in relation to  processing of personal data, it shall inform   the relevant manager,
  • Making necessary referrals for the exercise of legal rights related to personal data,

 

  1. LEGAL RIGHTS OF INDIVIDUALS AND METHODS FOR EXERCISING THESE RIGHTS
    1. Rights Related to Personal Data in the Context of LPPD

Rights which can be exercised  by individuals in relation to personal data as stated in LPPD Clause 11, are specified  below:

  1. Learn whether or not personal data have been processed,
  2. Request information on the procedure, if personal data have been processed,
  3. Obtain information on the purpose of processing personal data and find out whether personal data were used as fit for the purpose,
  4. Obtain information  about the third persons to whom personal data were communicated domestically or abroad,
  5. Request  the correction of personal data that may have been incompletely or inaccurately processed,
  6. Request the deletion or destruction of personal data within the provisions set forth in applicable legislation,
  7. Request that the third parties to whom personal data are transferred are informed about  the transaction carried out pursuant to sub-paragraphs (d) and (e),
  8. Object to an outcome which is detrimental to the concerned as a result of the analysis of the processed data exclusively through automatic systems,
  9. Request compensation for  damages in the case that damages are sustained  as a result of the illegal processing of personal data..
  1. Principles in Relation to Exercising Rights in Relation to Personal Data

To exercise  their rights relating to personal data, Modanisa members may submit their application via e-mail with the e-mail address they have registered into the system during their membership process, to kisiselverilerim@modanisa.com. Individuals who are not members can submit their application by using the Use of Personal Data Application Form via www.modanisa.com. Applications filed  in this manner will receive a response within 30 days.

 

13 EFFECTIVENESS AND UPDATABILITY

This hereby POLICY has entered into force on date of publication. The Policy may be updated for the purpose of adaptation to changing conditions and compliance with the legislation. Information regarding the relevant  update will be provided via www.modanisa.com

 

 

ANNEX-1

DEFINITIONS STATED IN THE POLICY

 

Express Consent: Consent in relation to a specific matter, which is based on informing and which is expressed  with free will.

Anonymization : Anonymization of personal data is to render it impossible for personal data to be associated  in any manner with the identity of a real person who is   is identified or identifiable, even if they are matched with other data.

Personal Data Owner: Real persons whose personal data is being processed. For example, Members, Customers...

Personal Data: means any kind of information about an identified or identifiable real person.

Private Personal Data: Data in relation to race, ethnic origin, political opinion, philosophic belief, religion, sect or other beliefs, appearance, membership to associations, foundations or unions, health, sexual life, imprisonment and security measures and biometric and genetic data are private personal data.

Personal Data

Protection : Any transaction carried out  with  the data, such as obtaining, recording, storage, preservation, alteration, reorganization, disclosure, transfer, takeover, making available , classifying the personal data or blocking its   usage by full or partly automatic means, or by non-automatic means provided that they are part of a data entry system.

Data Processor: Real and legal persons who process personal data on behalf of the data supervisor depending on  the authorization granted  by the data supervisor.

Data Responsible: Real and legal persons who determine the aims and tools with which personal data will be  processed , real and legal persons responsible for  responsible for the establishment and management of the data record system .

KVKK: means the Law on the Protection of Personal Data No. 6698



Click for the Data Protection Law application form.

Click for the Data Protection Law violation notice form.

 

INFORMATION SECURITY POLICY

Modanisa Elektronik Mağazacılık ve Tic. A.Ş. (Modanisa) accepts corporate and personal information that belongs to it and its stakeholders as critical assets. All Modanisa employees and stakeholders constantly and effectively protect the information systems and physical working spaces that contain corporate information from threats.

The purpose of information security is to ensure the use of any kind of information belonging to Modanisa and/or its stakeholders only by authorised persons, being stored fully and accurately, and being ready to use when necessary. In addition, due to the nature of the activities of Modanisa, it is aimed to avoid financial and moral damages arising from security weakness and the potential effects of them.

Irrespective of their positions and responsibilities, all Modanisa personnel and the third parties that have access to the information systems and information of Modanisa are obliged to abide by the information security policies and procedures determined by Modanisa.

Modanisa expects from all of its employees and stakeholders to exercise due diligence regarding the following issues:

· Fully complying with the requirements of the Information Security Management System that is established and operated in Modanisa,

· Ensuring the secrecy, integrity, continuously usability and control of the information and information systems belonging to Modanisa,

· Restraining the risks that may arise from Modanisa's own information assets being lost, disrupted or misused,

· Informing the Information Security Incident Manager about any kinds of information weaknesses and incidents that are considered to be related with Modanisa.

 

The Department of Information Technologies undertakes the proper use of the policies and procedures defining the information systems activities, as their functional owner. The department managers are responsible in first degree from taking the required measures and supervising the required activities in their respective departments for ensuring the compliance with corporate information security policies and procedures.

The violation of corporate information security policies and procedures are at the same time the violation of ethic codes and may bear disciplinary sanction. The information security violations determined as the result of observation, inspection or denunciation may result in disciplinary sanctions up to termination of employment.

Modanisa undertakes to fulfil the applicable conditions related to corporate information security and to constantly improve the Information Security Management System that it maintains.

"Processing the Information Security Management System in accordance with the standard ISO/IEC 27001 will support ensuring the preservation of our reputation and the maintenance of continuity of our enterprise's success. I would like to express my sincere thanks to all Modanisa family members for their constant support and conformity to corporate information security."

PRIVACY POLICY

Data privacy is highly significant for MODANİSA and we want to be open and transparent with our processing of your personal data. 
We therefore have a policy setting out how your personal data will be processed and protected. It’s important, so please read it and make sure you control your privacy.
 

Before you start, we would like to explain our privacy principles:

  • We take your privacy seriously.
  • We are committed to protecting the security of your personal data.
  • We comply with data privacy laws when using your personal data.
  • We only use your personal data in the way we explain to you in this document.
  • We will not collect your personal data, if it is not necessary.
  • We will stop collecting your personal data where they are no longer necessary for the purposes they were collected for. 
  • We will explain your rights to control your personal data.
 

Scope of our Privacy Policy

1. Who is the controller of your personal data?

2. Who is the Data Protection Officer?

3. What type of personal data does MODANISA collect?

4. For what purpose does MODANİSA process your personal data?

5. Does MODANİSA share your personal data?

6. Does MODANİSA send marketing messages to you?

7. Your information and countries outside Europe

8. How long does MODANİSA process your personal data?

9. What are your rights?

10. What about cookies and similar tracking technologies?

11. Update of this Privacy Policy due to improvement of our Services

12. How to contact us?

13. Reporting A Security Vulnerability

  1. Who is the controller of your personal data?

The data controller for the processing of the data is MODANİSA ELEKTRONİK MAĞAZACILIK VE TİCARET ANONİM ŞİRKETİ (“MODANİSA”), with Corporate Tax ID number [6220586224]. The contact details of MODANİSA are as follows:

  • Postal address: Altunizade Mahallesi Kuşbakışı Cad. No:27/1 Üsküdar/İstanbul (TURKEY)
  • Telephone: (+9) 0850 333 64 72
  • e-mail: info@modanisa.com
 
  1. Who is the Data Protection Officer?

We have appointed a Data Protection Officer to ensure that we continuously process your personal data in an open, accurate and legal manner. You can contact our Data Protection Officer via the following contact details:

  • dpo@modanisa.com
  1. What type of personal data does MODANISA collect?

We use your personal data in a number of different ways — what we do depends on the information. The tables below set this out in detail, showing which type of personal data we collect and the purpose of collecting them.

 
Category of Personal Data Examples of the Personal Data
Credentials & Contact Information
 
Such as your name, date of birth, national ID number, nationality, email address, postal address, telephone number and any other personal data
Order Information
 
Such as purchase, delivery and payment details, name and address of the recipient- if different from the customers
Payment / Card Information
 
Such as name of the card holder, card type, card number, expiry date and cvv code, invoice information, bank account number, etc.
Preference Information
 
Such as customer’s marketing preferences, account settings including any default preferences, any preferences indicated; such as country, language and currency, the type of products that the customer interested in or the areas of our website that the customer visits
Purchase History and Saved Items
 
Such as the products bought by the customer and/or stored in the customer’s basket for another time
Contact History
 
Such as the conversation made between Modanisa and the customer via phone, social media and instant chat whether related with an order or not
Device Information
 
Such as the IP address, internet provider, operating system and browser used, type of device; such as laptop or smart phone, device cookie settings and other device details, the geographic region which customer’s device reports to us
Legal Transactions and Compliance Information Such as criminal records
 

You don’t have to give us any of this personal data but if you don’t, you may not be able to buy from the site, and you are unlikely to receive our optimal overall customer experience.  But that is your choice – and we respect that.

We also anonymise and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving our site and app, and developing new products and services. We also share this information with third parties. 

  1. For what purpose does MODANİSA process your personal data?

MODANİSA processes your personal data for the following purposes and based on the following legal basis: 

The Purpose of Processing your Personal Data Legal Basis for the Processing
To meet requests or applications that you make through the Corporate Contacts and Customer Contacts channels Performance of a contract and our legitimate interest in keeping our customers/prospects updated about our services and products
To analysis of usability and quality to improve our services Performance of a contract and our legitimate interest in keeping our customers/prospects updated about our services and products
To process your purchases and to provide you with the services and information offered through the website and which you request Performance of a contract 
To verify and carry out financial transactions in relation to payments you make Performance of a contract 
To improve and customize our website, products, services and business in general, such as by tracking your product preferences, shopping history and interactions through the website Our legitimate interest to improve our products and services
To identify visitors of the website
 
Our legitimate interest to get to know our customers better and improve our services accordingly
To carry out data analytics and market research 
 
Your prior explicit consent and our legitimate interest in keeping our customers/prospects updated about our services and products
To carry out data enrichment, such as by analyzing your product preferences, shopping history and interactions with the Website together with data collected from third parties, such as data that you agree to share with us on social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from publicly accessible databases
 
Your prior explicit consent and our legitimate interest in keeping our customers/prospects updated about our services and products
To resolve your queries or complaints Your prior explicit consent
To send the marketing communications containing news, information and updates about our products and services, offers, promotions and special events, and other marketing communications that may be of interest to you (by SMS, email or telephone), and customize your experience with us to your interests and shopping habits and improving our services, notably via profiling. We also may use the data we collect about you to assist us in advertising our products and services on third party websites – please see our Cookie Policy for additional information. Your prior explicit consent and our legitimate interest in keeping our customers/prospects updated about our services and products (for marketing via SMS and phone, Your prior and appropriate consent is required).
 
  1. Does MODANİSA share your personal data?

We do not, and will not, sell any of your personal data to any third party – including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that.

However, we share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement: 

  • Business partners and shareholders of MODANİSA, as sometimes different bits of our group are responsible for different activities
  • Companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers, and delivery companies
  • Professional service providers, such as marketing agencies, advertising partners and website hosts who help us run our business
  • Legally competent public institutions and organizations, credit reference agencies, law enforcement and fraud prevention agencies, so we can help tackle fraud
  • Companies approved by you, such as social media sites (if you choose to link your accounts to us)
 

We may provide third parties with aggregated but anonymised information and analytics about our customers and, before we do so, we will make sure that it does not identify you.

  1. Does MODANİSA send marketing messages to you?

If you have said we can, we’ll send you marketing messages by email, SMS, to keep you aware of what we’re up to and to help you see and find our products. If you would like to stop receiving marketing messages from us you can do following;

  • Go through your account
  • Unmark your previously selected preference
  • Click “Update” button.

Once you do this, we will update your profile to ensure that you don’t receive further marketing messages. Please note that, as MODANİSA comprises a complex web of many inter-connecting services, it might take a few days for all our systems to be updated, so you might get messages from us while we process your request.

  1. Your information and countries outside Europe

We have a fulfilment centre in the Turkey, which we may use for processing orders from customers in the EU. The Turkey is not a country in respect of which there is a European Commission decision of adequacy, and we protect your privacy and your rights through the use of the European Commission’s standard data protection clauses. More information about these is available here:

http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087
  1. How long does MODANİSA process your personal data?

We’ll only hold on to your information for as long as you are a customer. If you no longer wish to be a customer, you can also contact our Customer Experience team and request to delete all the information we have on you.

If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms & Conditions, we may also keep hold of some of your information as required, even after you have closed your account or it is no longer needed to provide the services to you.

  1. What are your rights?

You have the following rights, which may be exercised via sending and e-mail to the e-mail addres dpo@modanisa.com:

  • Right of access: You have the right to access to and obtain information regarding your personal data MODANİSA may hold, and how MODANİSA use your personal data; to request a copy of any of your personal data from MODANİSA hold about you. You may see most of your personal data yourself online.
  • Right of rectification: You have the right to complete your Personal Data whenever they are incomplete and to request MODANİSA to rectify your personal data which whenever they are inaccurate. You may also prefer to correct or complete your Personal data directly by modifying your profile via website/app of MODANİSA. Please note that, you will be liable for any loss or damage caused to MODANİSA or to the person responsible for the MODANİSA by reporting erroneous, inaccurate or incomplete information in the registration forms.
  • Right to erasure: You have the right to request the deletion or destruction of your personal data where your personal data is no longer necessary for the purposes they were collected for.
  • Right to restriction: You have the right to request the restriction of the processing of your personal data for so long as we are considering any request you have made to us to correct or complete your personal data, or you have objected to processing justified on legitimate interests. If you use your right to restriction, we will only process it with your consent or for the establishment, exercise or defense of legal claims.
  • Right to data portability: You have right to receive the personal data you will provide to us in a structured, commonly-used and machine-readable, and also to transmit them to another controller whenever the processing is based on consent or on a contract and is carried out by automated means.
  • Right to withdrawal of consent: Where applicable, you have the right to withdraw your consent at any time.  For instance, if you wish to opt-out of receiving electronic marketing communications, you may change your settings in your account on the Website, use the 'unsubscribe' link provided in our emails or text the STOP number in our SMS, or you may contact us directly via e-mail written above.
  • Right to object: You may object to the processing of your personal data based on the public or legitimate interest pursued by MODANİSA, including profiling. In this case, MODANİSA will stop to process your personal data, except for compelling legal grounds or the exercise or defense of possible legal claims.
  • Automated individual decisions: You have the right not to be the object of a decision based solely on automated processing, including profiling, while produces a legal effect on you or significantly affects you in a similar manner. However, it will not be possible to exercise said right in cases where the decision is necessary for the formalization or execution of a contract between you and MODANİSA; it is authorized by the law applicable to MODANİSA provided it establishes the appropriate measures to safeguard its rights, freedoms and legitimate interests; or where it is based on your explicit consent. 
  • Right to lodge a complaint: You have the right to lodge a complaint with a data protection authority if you consider that the processing of your personal data infringes applicable law. 
  1. What about cookies and similar tracking technologies?

We use cookies and similar technologies to deliver a tailored and smoooth online experience. For detailed information about how MODANİSA uses cookies and similar, please read our [Cookie Policy].

  1. Update of this Privacy Policy due to improvement of our Services

We constantly work to improve our offerings in order for you to get an even smoother user experience. This includes both changes in existing services and new services over time. Thus, we may change this page from time to time, to reflect how we are processing your data.

If we make significant changes, we will make that clear on the MODANİSA website or other MODANİSA services, or by some other means of contact such as email, so that you are able to review the changes before you continue to use MODANİSA. 

  1. How to contact us?

We always want to hear from our customers (especially if you feel we’ve let you down or could do better).

If you,

  • Have any questions or feedback about this Privacy Policy,
  • Would like us to stop using your personal data,
  • Want to exercise any of your rights as set out above, or have a complaint

please don’t hesitate to contact our Customer Experience team, who will be happy to answer any questions you may have, thought telephone and or email determined above.

  1. Reporting A Security Vulnerability

We’re all about taking risks when it comes to our designs, just not our security. If you’ve noticed something’s up with our tech, let us know. Drop an email to dpo@modanisa.com with your contact details, including your company name and details of the vulnerability and what we need to do to reproduce or validate it.

PRELIMINARY INFORMATION FORM

1-SELLER'S INFORMATION

Title : Modanisa Elektronik Mağazacılık ve Tic. A.Ş.
Address : Altunizade Mahallesi Kuşbakışı Cad. No:27/1 Üsküdar/İstanbul
Telephone : 0 216 474 74 99
Fax : 0 216 474 52 27
Email address info@modanisa.com
Central Registration System (Mersis) Number : 0622 0586 2240 0019

2-BUYER'S INFORMATION

Name-Surname : #NAME_SURNAME#
Address : #ADDRESS#
Telephone number : #PHONE#
Email address : #EMAIL#

3-PRODUCT AND DELIVERY INFORMATION

3.1 The basic specifications of the goods (type, quantity, brand/model, colour, number) and in case they are published, the conditions of campaign can be viewed during the campaign at www.modanisa.com.

3.2 The listed prices announced on the website are the sales prices. The prices and pledges announced shall be valid until an update is made. The prices announced as temporary are valid until the end of the specified period.

3.3 All taxes included sales prices of the goods and services subject matter of the contract and the related transportation fees are given in the table below:

#PRODUCTS_TABLE#

3.4 The payment term and delivery information are as given below:
 
Payment Term and Schedule : #PAYMENT_METHOD#
Delivery Address : #SHIPMENT_ADDRESS#
The Person the Delivery is to be made
Invoice Address
: #DELIVERY_PERSON# or any person present at the address provided being older than age of 18
Invoice Address : #BILLING_ADDRESS#
Date of Order     : #ORDER_DATE#
Mode of Delivery : #DELIVERY_TYPE#

4-RIGHT OF WITHDRAWAL

4.1 The Buyer is entitled to return the product/products purchased by using the right of withdrawal without showing any reason and paying any price within 14 days as of the delivery of the product subject matter of the contract to the Buyer or to the person/entity present at the address stated by the Buyer.

4.2 The Buyer accepts in advance that he/she has been informed by the Seller with this Preliminary Information Form before accepting the Distant Sales Contract or any offer equivalent thereto. 

4.3 In order to exercise the right of withdrawal, the Seller must be notified through the Easy Return Centre or Customer Services Representative within the period of 14 days and the product must be unused within the framework of the provisions of Article 6. In the case of exercising of this right,
a) The invoice of the product delivered to a third person or the Buyer (If the invoice of the product wanted to be returned is a corporate invoice, it must be sent back with the return invoice issued by the corporation. The order returns of which invoices are issued on behalf of the corporations shall not be concluded unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their boxes, packages, standard accessories if any, within a period of 14 days. The product price shall be refunded to the Buyer within 14 (fourteen) days as of the delivery of these documents to the Seller.

4.4 If the cargo price for the returned product due to the right of withdrawal has been paid by the Buyer, the cargo price shall be refunded to the Buyer upon the acceptance of the product by the Seller. In the case that the sales amount drops under the campaign limit amount adjusted by the Seller due to the exercising of the right of withdrawal and/or in the case that the campaign conditions are failed to be met, the amount of discount and/or the cargo price benefitted within the scope of the campaign shall be cancelled and shall be set off from the payment to be made based on the return.

4.5 During the process of return of the product to the Seller, the original invoice submitted to the Buyer at the moment of delivery of the product must also be returned (for the purpose of providing consistency in our accounting records), and in the case that the invoice is failed to be sent to the Seller together with the product or within 5 days at the latest as of the product being sent, the return shall not be realised and the product shall be resent to the Buyer in the same way at the Buyer's expense. The note of "return invoice" shall be written on the invoice to be returned with the product and it shall be signed by the Buyer.

5-PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL SHALL NOT BE EXERCISED

5.1 The returning of the products that may not be returned due to their nature, such as single use products, copyable software and programs, fast perishable products or the products that are likely to expire soon shall not be accepted.

5.2 The following products may be returned provided that the product package is not opened and defective and the product is unused and untried:
  • All Kinds of Cosmetic Products
  • Underwear and Beach Wear Products (Bikini, Swimwear, Hijab Swimwear etc.)
  • All Kinds of Personal Care Product
  • All Kinds of Software and Programs
  • DVD, VCD, CD and cassettes
  • Computers and Stationary Consumables (Toner, Cartridge, Ribbon etc.)

6-GENERAL PROVISIONS

6.1 The Buyer acknowledges that he/she has received the preliminary information regarding the basic specifications of the products (kind and type, quantity, brand/model, colour, unit prices, sales price, payment-collection information, sales price including all taxes, payment method and delivery and right of withdrawal) and that he/she has read and been informed of such information and has provided the confirmations-approvals required for sale in the electronic environment.

6.2 In the case that the Buyer is not personally present at the address at the time of delivery, the Seller shall be deemed to have fulfilled its performance in full. In the case that no one is present at the address to take the delivery, the Buyer shall be responsible for contacting the cargo company and tracking the shipment of the products. If the product is to be delivered to a person/entity other than the Buyer, the Seller may not be held responsible for the person/entity to be served being absent at the address or not accepting the delivery. In these cases, any damages resulting from the late delivery of the product and the costs incurred due to the products pending at the cargo company and/or the cargo being returned to the Seller shall be at the Buyer's expense.

6.3 The Buyer may communicate his/her requests and complaints to the Seller by calling the following telephone numbers in the country where they are located:
 
Turkey + 91 countries 0850 333 64 72
Germany 49 0 69 257 367 296
France - Belgium 33 1 85 65 37 93
USA - Canada 1 844 724 57 26
Australia 61 290 98 43 85
England 020 3139 9055
Netherlands 31 20 798 9576
Jordan 962 655 04 820
United Arab Emirates + 20 971 4 278 99 33
Saudi Arabia 966 135 108 000

6.4 The parties acknowledge, declare and undertake that, in the settlement of any disputes arising from this Preliminary Information Contract, Distant Sales Contract and/or its performance, the Company's official books and commercial records, the electronic and computer and telephone/conversation records held on its databases and servers are binding, precise and exclusive evidence, and this article is in the nature of evidential contract in the sense of Article 193 of the Law on Civil Procedure.

6.5 In disputes arising from this Form and the Distant Sales Contract up to the value announced by the Ministry of Trade, the Consumer Arbitration Committees and Consumer Courts at the place where the Buyer has purchased the Goods or Services and where the Buyer's residence is located are the competent courts of jurisdiction. The district/provincial consumer arbitration committees are competent in line with the lower and upper limits specified in sub-article 1 of article 68 of the Consumer Protection Law No. 6502.
 
SELLER : Modanisa Elektronik Mağazacılık ve Tic. A.Ş.
BUYER : #NAME_SURNAME#
DATE : #DATE#

DISTANT SALES CONTRACT

ARTICLE 1 - PARTIES TO THE AGREEMENT

SELLER:

Modanisa Elektronik Mağazacılık ve Tic. A.Ş.

Address: Head Office - Altunizade Mahallesi Kuşbakışı Cad. No:27/1 Üsküdar/İstanbul

Warehouse - Tepeören Mahallesi Eski Ankara Asfaltı Yolu Caddesi No:206 Tuzla/İSTANBUL

Telephone: (0216) 474 74 99

E-mail: info@modanisa.com

BUYER:

Customer

ARTICLE 2 - DEFINITIONS

In the application and interpretation of this Contract, the following written terms shall refer to their respective definitions.

Minister

:

Refers to the Minister of Trade,

Ministry

:

Refers to the Ministry of Trade,

Law

:

Refers to the Consumer Protection Law,

Regulation

:

Refers to the Regulation on Distant Contracts,

Service

:

Refers to the subject of any consumer transaction except of provision of goods performed or undertaken to be performed against any fee or benefit,

Seller

:

Refers to the natural or legal person who offers goods to the consumer or acts on behalf of the natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities (Modanisa Elektronik Mağazacılık ve Ticaret Anonim Şirketi),

Buyer

:

Refers to the person who acquires, uses or benefits from a goods or service for non-commercial or professional purposes (Customer),

Website

:

Refers to the Seller's website addressed www.modanisa.com,

Ordering Party

:

Refers to the legal or natural person requesting a goods or service through the Seller's website addressed www.modanisa.com,

Parties

:

Refers to the Seller and Buyer,

Contract

:

Refers to this contract concluded between the Seller and Buyer,

Product or Products

:

Refers to the movable commodities and immovable properties with accommodation or holiday purposes subject matter of trade, and software, audial, visual and any other kinds of products prepared in electronic environment.

PDPL

 

Easy Return Centre  

 

: Refers to the Personal Data Protection Law No. 6698,

 

: Refers to the field where the customers member to the website www.modanisa.com can access via My Account Information page and easily carry out the return transaction upon filling in the required information for return.

ARTICLE 3 - SUBJECT OF THE CONTRACT

The subject of this Contract is the determination of the rights and liabilities of the Parties related to the sales and delivery of the goods/services, which the Buyer has ordered in the electronic environment via the Seller's website www.modanisa.com, and which bears the specifications stated in the contract and the sales prices of which are likewise stated in the contract, pursuant to the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distant Contracts. The listed prices announced on the website are the sales prices. The prices and pledges announced shall be valid until updated by the Seller. The prices announced as temporary are valid until the end of the specified period. The 'Preliminary Information Form' given on the payment page of the website and invoices related to the order are integral parts of this contract.

ARTICLE 4 - DATE OF THE CONTRACT

These two copies of the contract previously signed by the Seller are signed and accepted by the Buyer on #DATE#

ARTICLE 5 - DELIVERY OF THE GOODS OR SERVICE, PLACE OF PERFORMANCE OF THE CONTRACT AND THE MODE OF DELIVERY

The goods/services shall be delivered to  #USER_NAME# present at the address #DELIVERY_ADDRESS# as requested by the Buyer or to a person older than 18 of age present at the address.

ARTICLE 6 - COSTS AND PERFORMANCE OF DELIVERY

The delivery costs shall be borne by the Buyer. If the Seller has declared that the cost of delivery of those who will do shopping more than an amount shall be borne by the Seller or that free of charge delivery will be made within the scope of the campaign, the delivery cost in shopping made under the stated conditions within the stated periods is to be borne by the Seller. The delivery shall be made as soon as possible if the stock is available and after the price of the goods is transferred to the Seller's account. The Seller delivers the goods/services within 30 (thirty) days as of the goods/services having been ordered and it reserves its right to time extension of an additional 10 (ten) days upon written notice within this period. If the price of the goods/services are failed to be paid for any reason or cancelled in the bank records, the Seller shall be deemed to have released from its obligation to deliver the goods/services.

ARTICLE 7 - FEE OF PAYMENT AT DOOR

The service of payment at door is a payment option provided by the cargo company and it has no relevance with the Seller. The cargo company charges 4,95-TL (Four-Turkish-Lira-Ninety-Five-Kurush) in Turkey and 6,00-USD (Six-American-Dollars) in other countries for this service. This service fee belongs to the cargo company and it may not be refunded in case of product return and the Seller may not be held responsible for this fee.

ARTICLE 8 - REPRESENTATIONS AND WARRANTS OF THE BUYER

8.1 With the conclusion of this Contract upon acknowledging it and with undergoing the obligation of payment, the Buyer represents that it has read and understood and been informed of the following information and has given the required confirmation in electronic environment:

8.1.1 The basic specifications of the goods/services subject matter of the Contract, all taxes included sales price and payment terms, delivery and cargo price and the preliminary information charged by the Seller related to the conditions of return, all of which are given on the website,

8.1.2 The Seller's title, address and contact information and the contact information required for communicating the complaints,

8.1.3 The information related to payment, delivery and performance, and if any, the commitments related to these, and the methods of settlement of the Seller related to the complaints,

8.1.4 The conditions where the right of withdrawal exists, the provisions of use of this right, its term, procedure and the information of the transporter that the Seller has projected for return,

8.1.5 The information related to the media through which the notification of withdrawal is to be served,

8.1.6 In the cases where the right of withdrawal may not be exercised pursuant to article 15 of the Regulation, the information related to the fact that the right of withdrawal may not be benefitted or under which conditions the right of withdrawal shall be lost,

8.1.7 The information concerning the fact that the consumers may make their applications about the disputes to the Consumer Court or Consumer Arbitration Committee.

--- By confirming this Contract and the Preliminary Information Form in electronic environment, the Buyer is deemed to have confirmed that he/she has accurately and fully confirmed the information required to be provided by the Seller to the Buyer before the conclusion of the distant contracts.

8.2 In addition, the Buyer represents and acknowledges that he/she has been informed of the privacy, data utilisation and processing rules applied by the Seller and related to the Buyer information and electronic communication rules with the Buyer, and the legal rights of the Buyer and Seller and the procedures of the Parties' exercising their rights, through the Policies and Announcements published via the Website.

8.3 In the case that the Buyer takes the delivery of the damaged and defective goods/services that have been damaged, broken, package torn, etc. from the cargo company without examining before taking the delivery of the goods/services subject matter of the Contract, the responsibility entirely belongs to the Buyer. The goods/services received by the Buyer from the cargo attendant shall be deemed undamaged and sound. The responsibility and the damages of the goods/services belong to the Buyer after delivery. In the case that the relevant bank or finance institution fails to pay the price of goods/services to the Seller after the delivery of the goods/services due to unjustified or illegal use of the Buyer's credit card by unauthorised persons for reasons not caused by the Buyer's fault, the Buyer shall be obliged to return the goods/services to the Seller within 3 (three) days provided they have been delivered to it. In this case, the delivery cost shall be borne by the Buyer. The Buyer represents and warrants that it shall not hold the Seller responsible for the free of charge products delivered to him/her by the Seller within the scope of promotion or campaign, and that the manufacturer of the product shall be solely responsible for all claims.

8.4 The Seller acknowledges, represents and warrants that it shall notify the Buyer if it fails to deliver the product subject matter of the contract due to force majeure such as occurrences that develop without the discretion of the parties, that are not foreseeable and that prevent and/or delay the fulfilment of obligations of the parties. The Buyer shall be entitled to request the Seller the order to be cancelled, the product subject matter of the contract to be changed with its peer if any, and/or the delivery time to be postponed until the preventing condition no longer exists. In the case that the order is cancelled by the Buyer, in payments made in cash by the Buyer, the price of the product shall be paid to the bank account notified by the Buyer within 10 (ten) days as of the date of notification. In payments made by credit card by the Buyer, the price of the product shall be refunded to the relevant bank within 7 (seven) days as of the cancellation of the order by the Buyer. The Buyer acknowledges, represents and warrants that the period for the amount refunded to the Buyer's credit card by the Seller being reflected to the account of the Buyer may be 2 (two) to 4 (four) weeks, and that the Buyer shall not hold the Seller responsible for possible delays since such amount being reflected to the Buyer's accounts after having been refunded to the Bank is completely a process related to the bank.

8.5 If the Buyer and the holder of the credit card used during the order are not the same person or if a security gap is determined related to the credit card used in the order before the delivery of the product to the Buyer, the Seller may request the Buyer to submit the identity and contact information of the credit card holder, the relevant credit card's abstract of the previous month or a letter from the bank of the credit holder stating that the credit card belongs to him/her. The order shall be suspended through the time from the Buyer's providing the information/documents subject matter of the request, and in the case that the mentioned requests are not satisfied within 24 (twenty four) hours, the Seller shall be entitled to cancel the order.

8.6 The Buyer represents and warrants that the personal information and other information personally provided by the Buyer while signing up in the Seller's website or during the maintenance of the processes of order formation, cancellation and/or delivery are true and the personal information and the order information belongs to the Buyer, and that he/she shall compensate all damages to be incurred by the Seller due to the inaccuracy of such information, immediately, in cash and in a full upon the first notification of the Seller.

8.7 Preferring the sales channel by calling, the Buyer acknowledges, represents and warrants in advance that he/she shall provide the necessary information fully and accurately to the customer services representative, he/she shall not make any claims for unauthorised access or violation of privacy or the mentioned information that he/she has provided with his/her free will or his/her account access on the website being captured without his/her will afterwards, such that, he/she has given consent to such situations, and in the case that the information he/she has provided are inaccurate, he/she shall solely be responsible for any requests and damages that can be addressed to the Seller.

8.8 The Buyer acknowledges and warrants in advance to comply with the provisions of the legislation and not to violate them when using the website of the Seller. Otherwise, all legal and penal obligations to arise shall fully and solely bind the Buyer.

8.9 The Buyer may not use the website of the Seller in any way infringing the public order, violating common moral values, disturbing and harassing others, for unlawful purposes and infringing the pecuniary and non-pecuniary rights of others. In addition, the member may not engage in any activity (spam, virus, trojan horse, etc.) that may prevent or make difficult for others to use the services.

8.10 The Buyer acknowledges, represents and warrants that he/she shall confirm this Contract in electronic environment for the delivery of the product subject matter of the Contract, and in the case that the price of the product subject matter of the Contract is failed to be paid for any reason and/or it is cancelled in the bank/finance institution records, the Seller's obligation to deliver the product subject matter of the Contract shall cease. The Buyer acknowledges, represents and warrants that the Seller shall have no responsibility related to the payments for which failure code is sent by the bank and/or finance institution for any reason but paid by the bank and/or finance institution to the Seller.

8.11 The Buyer acknowledges, represents and warrants that the Buyer shall return the product subject matter of the Contract to the Seller within 3 days as the transportation fees at the Seller's expense in the case that the price of the product subject matter of the Contract is failed to be paid to the Seller by the relevant bank or finance institution as the result of the Buyer's credit card being unfairly used by unauthorised persons after the delivery of the product subject matter of the Contract to the Buyer or the person and/or legal entity present at the address to be declared by the Buyer.

8.12 For any shopping to be carried out by the Buyer through the website addressed www.modanisa.com by any payment methods, payment at door being in the first place, the cash refund amount to be realised based on the Buyer's payment to the Seller may only be paid to the Buyer's account with the IBAN information to be notified by the Buyer, and in the case that the Buyer claims that he/she has no IBAN information on his/her own, the payment may be made to the IBAN information of a first degree relative of the Buyer upon request, with all responsibility to be borne by the Buyer. In addition, the Buyer acknowledges and warrants that he/she shall not violate or even cause to violate the international money laundering and anticorruption legislation and/or policies; otherwise, all responsibility shall be borne by him/her and he/she shall irrevocably compensate any damages that may be incurred by the Seller immediately in cash upon first written notice.

8.13 Any member who violates one or more than one of the articles set forth in this Contract shall be personally responsible for such violation in legal and penal respects, and he/she shall hold the Seller harmless from the legal and penal consequences of these violations. In addition, in the case that the incident is carried to the field of law due to such violation, the Seller reserves its right to claim damages against the member due to failing to comply with the Membership Agreement.

ARTICLE 9 - REPRESENTATIONS AND WARRANTS OF THE SELLER

The Seller is responsible for the delivery of the goods/services subject matter of the contract in sound condition, in full, in accordance with the qualifications specified in the order and together with the warranty certificates and user's manuals. If the goods/services subject matter of the contract is to be delivered to a person/entity other than the Buyer, the Seller may not be held responsible for the person/entity to be served not accepting the delivery. The Seller shall refund the price of the goods/services and return the securities, if any, within 14 (fourteen) days as of the declaration of withdrawal is communicated to it. For justified reasons, the Seller may supply goods/services of equal quality and price provided that it informs the Buyer before the expiration of the period of performance in the contract. If the Seller has the opinion that the performance of the goods/services has become impossible, it informs the Buyer before the expiration of the period of performance of the contract. The price paid and the securities, if any, shall be returned within 14 (fourteen) days. The goods/services that are faulty or out of order from the goods/services that are sold with warranty certificate may be sent to the Seller for the performance of the necessary repairs within the warranty conditions; in this case, the delivery costs shall be borne by the Seller.

ARTICLE 10 - SPECIAL PROVISIONS

10.1 The website of the Seller may be linked to other websites and/or other contents not under control of the Seller and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease the orientation to the Buyer and do not support any web site or the person who operates that website and do not constitute any guarantee and any responsibility for the information contained in the linked website.

10.2 The Seller, at its sole discretion, may organise various campaigns (campaigns where the discounts to be determined by the Seller are reflected to the Buyer in cases where purchases are made in amounts to be determined by the Seller at the same time from one and/or more than one boutique), the conditions, content and period of which are to be determined by the Seller, for the Buyers. In so far as, in the case that the Buyer returns the products purchased due to any reasons such as the right of withdrawal etc., if the conditions of the campaign organised by the Seller are failed to be satisfied for any reason, the discount amount/benefit utilised within the scope of the campaign shall be cancelled and deducted from the return payment to be made to the Buyer.

10.3 In the case that the Buyer is able to utilise several campaigns in the same invoice, the campaigns shall not be combined and the Buyer may only utilise one campaign. The Buyer acknowledges, represents and warrants that he/she shall not make any claims in such a situation.

10.4 The Seller reserves  its right to stop, update and change the campaign terms of the campaigns it has announced on its Website. The Buyer is required to view the campaign terms before every shopping made from the Website.

10.5 Regarding the regulation, revision and partially/fully use of any information and content of the Website, all intellectual and industrial property rights of the third parties according to the Seller's agreement belong to Modanisa Elektronik Mağazacılık ve Ticaret Anonim Şirketi, and may not be used without written consent.

ARTICLE 11 - SPECIFICATIONS OF THE GOODS OR SERVICES SUBJECT MATTER OF THE CONTRACT

The kind and type, quantity, brand/model, colour and all taxes included sales price of the goods/services are as stated in the Preliminary Information Form and in the invoice, which is deemed to be an integral part of this Contract.

ARTICLE 12 - CASH PRICE OF THE GOODS OR SERVICES

The cash price of the goods/services is present in the sample invoice, Preliminary Information Form and the content of the invoice sent to the Buyer together with the product at the end of the order via the electronic mail address registered in the system or to the telephone number notified by the Buyer in sales made through telephone.

ARTICLE 13 - PERSONAL DATA PROTECTION

The Seller Modanisa is subject to both the PDPL (Personal Data Protection Law No. 6698) and the EU General Data Protection Regulation No. 2016/679 ("GDPR") related to the processing of the personal data obtained from its Members. Pursuant to this Contract which can be accessed via Turkish Policy on Privacy and Personal Data Protection and GDPR Privacy Policy and www.modanisa.com, Modanisa collects, uses, transfers and processes personal data from its users. Turkish Policy on Privacy and Personal Data Protection and GDPR Privacy Policy are integral parts of this Distant Sales Contract.

For further information regarding your rights about our use of personal data and your rights on this subject and about our protection and processing of your personal data within the scope of the PDPL, you can access Turkish Policy on Privacy and Personal Data Protection via the link Turkish Policy on Privacy and Personal Data Protection and exercise your mentioned rights by sending an email to the email address kisiselverilerim@modanisa.com.

In addition;

If you are residing in a European Union member country, for obtaining information regarding our protection and processing of your personal data within the scope of the PDPL,

you can access the GDPR Privacy Policy via the link GDPR Privacy Policy and exercise your mentioned rights by sending an email to the email address dpo@modanisa.com.

The email address that you contact us must be the email address that you submitted at your Modanisa membership process. Unless reasonable evidence is provided for your Membership, the requests received from other email addresses shall not be responded.

ARTICLE 14 - FORWARD PRICE

The forward price determined according to the maturity provided to the sales price of the goods/services is present in the sample invoice, Preliminary Information Form and the content of the invoice sent to the customer together with the product.

ARTICLE 15 - INTEREST

The interest may not be higher than the interest rate determined by the Government of the Republic of Turkey every year, and more than 30% in any cases. The Buyer is solely responsible for the bank it cooperates with.

ARTICLE 16 - PAYMENT PLAN

16.1 In the case that the Buyer has done shopping with credit card and on installations, the type of installation selected on the website shall be valid. In installation transactions, the relevant provisions of the agreement signed by and between the Buyer and the card owner bank shall be valid. The date of payment of the credit card shall be determined according to the provisions of the agreement between the bank and the Buyer. In addition, the Buyer may follow up the number of installations and payments from the account abstract sent by the bank. The Buyer shall be solely responsible to the bank Recipient of payment.

16.2 The bank may organise campaigns and apply a higher number of instalments than you have chosen and offer services such as payment postponement. Such campaigns are under the initiative of your bank, and in the case that it is within the Seller's knowledge, information is given about the campaigns on our pages. The order sum shall be divided to the number of instalments and the corresponding amount shall be reflected to your credit card abstract starting from the account statement date of your credit card. The Bank may choose not to divide the instalment amounts equally to the months, taking the fractions into account. Creating a detailed payment plan for you is under the initiative of your bank.

ARTICLE 17 - RIGHT OF WITHDRAWAL

17.1 As of the date of delivery of the product to the Buyer or to the person/entity present at the address indicated, the Buyer may return the goods/services purchased, within 14 (fourteen) days as of the date of delivery in Turkey and within 2 (two) months as of the date of delivery in other countries exercising his/her right of withdrawal without undertaking any legal or penal responsibility and without showing any reason.

17.2 The period of right of withdrawal starts a of the date when the contract is concluded for agreements related to performance of service, and as of the date when the consumer or the third person determined by the consumer takes the delivery of the goods for agreements related to delivery of goods. However, the consumer may exercise his/her right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

17.3 In determination of the period of right of withdrawal;

a) For the goods subject matter of a single order but delivered separately, the day when the consumer or the third person determined by the consumer takes the delivery of the last party of goods,

b) For the goods comprising multiple pieces, the day when the consumer or the third person determined by the consumer takes the delivery of the last piece of goods,

c) For the contracts which the goods are regularly delivered for a certain period of time, the day when the consumer or the third person determined by the consumer takes the delivery of the first party of goods,

are taken as basis.

Delivery of the goods by the Seller to the transporter may not be deemed as the delivery served to the consumer.

In contracts which the delivery of goods and performance of the service is done together, the provisions of the right of withdrawal concerning the delivery of goods apply.

17.4 In case of exercising of the right of withdrawal;

a) The Buyer sends the goods back to the Seller within 10 (ten) days as of exercising the right of withdrawal. 
b) Any boxes, packages, if any, standard accessories and if any, other products gifted together with the goods must be returned in full and undamaged within the scope of the right of withdrawal. While the goods are returned to the Seller, the original invoice submitted to the Buyer at the moment of delivery of the goods must also be returned by the Buyer. If the original copy of the invoice is not sent, the amount of VAT and if any, other legal obligations shall not be refunded.
c) Within 14 (fourteen) days as of exercising the right of withdrawal, the price of the goods shall be refunded to the Buyer through the Easy Return Centre or to the Buyer's bank account, which he/she has verbally informed to the customer services representative, in the same way that the Buyer has made the payment.

As long as the Buyer sends the goods to be returned to the Seller, only within the borders of Turkey, through Easy Return Centre or the Seller's contracted cargo companies to be stated by the Customer Services Representative, the return cargo fee shall be at the Seller's expense. In the case that the Buyer sends the goods to be returned to the Seller through Easy Return Centre or a cargo company other than the Seller's contracted cargo company to be stated by the Customer Services Representative, the return cargo fee and any damage and loss that may incur to the goods during the cargo process shall not be at the Seller's expense. In the case of exercising the right of withdrawal within the period from giving order confirmation until the delivery of the goods, the cargo fee shall be at the Buyer's expense. The Seller reserves its right to deduct the expenses arising from returning the products based on the right of withdrawal/cancellation to be exercised in Germany, France, England, Netherlands, Belgium, Denmark, Austria, United States of America and Jordan, from the amount of the products.  In countries except of the aforementioned and Turkey, the Buyers exercising their right of withdrawal are solely responsible for the return cargo fees of the products.

If the goods' value decreases due to a reason deriving from the fault of the Buyer or if the return becomes impossible, the Buyer is liable to compensate the losses of the Seller to the extent of his/her fault.

In the case that the sales amount drops under the campaign limit amount adjusted by the Seller due to the exercising of the right of withdrawal and/or in the case that the campaign conditions are failed to be met, the amount of discount and/or the cargo price benefitted within the scope of the campaign shall be cancelled and shall be set off from the payment to be made based on the return.

ARTICLE 18 - CASES WHERE THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

The right of withdrawal cannot be exercised in the following cases:

a) In contracts related to the goods or services, the prices of which vary depending on the fluctuations in financial markets and which are not under the control of the Seller,
b) In contracts related to the delivery of the goods specially prepared towards the personal requests of the consumer, not suitable to return by nature and bearing a possibility of expiration or decomposing easily,
c) In contracts related to the delivery of the goods, the protective elements such as packages, tapes, seals of which are opened after delivery, and which are not suitable to return in terms of health and hygiene,
d) In contracts related to the goods which are mixed with other products after delivery and which are not possible to be separated by their nature,
e) In contracts related to books, audio or video recordings, software programs and computer consumables provided in material environment provided that the protective elements such as packages, tapes, seals and boxes of the product are opened by consumers,
f) In contracts related to the performance of services related to lottery and betting,
g) In contracts related to the services, the performance of which has been started upon the confirmation of the consumer before the period of right of withdrawal is over,
h) In contracts related to the services performed in electronic environment and the non-pecuniary goods immediately delivered to the consumer, and in the case that the goods/services subject matter of the contract comprise the types of goods/services left out of the scope of application of the Regulation on Distant Contracts,

The right of withdrawal shall not be exercised due to the failure of application of the provisions of the Regulation on Distant Contracts to the legal relationship between the Buyer and the Seller. In addition, in cosmetic products sales out of Turkey, the Buyer may not use the right of withdrawal and the returns of the respective products shall not be accepted from abroad.

If the invoice of the products wanted to be returned by the Buyer or third party is a corporate invoice, the Buyer is required to send the return invoice issued by the corporation together with the products when returning them. Otherwise, the returns of the orders, the invoices of which are issued to the name of the corporations, shall not be completed unless their return invoices are issued. The Buyer acknowledges and undertakes that he/she has knowledge about this matter and shall not exercise his/her right to withdrawal and shall not make any request from the Seller unless he/she has failed to duly submit the relevant return invoices to the Seller.

ARTICLE 19 - DEFAULT AND LEGAL CONSEQUENCES

In the case that the Buyer goes default in transactions done by credit card, the credit card holder shall pay interest within the framework of the credit card agreement concluded with his/her bank and shall be responsible to the bank. In this case, the relevant bank may apply to legal remedies; demand the expenses to arise and the attorney fee from the Buyer and under any circumstances in the case that the Buyer goes default due to the debt of the Buyer, the Buyer accepts to pay the loss and damage incurred to the Seller due to delayed performance of the obligation, immediately and in cash upon the first written request.

ARTICLE 20 - SETTLEMENT OF DISPUTES

In application of the Distant Sales Contract up to the value announced by the Ministry of Trade, the Consumer Arbitration Committees and Consumer Courts at the place where the Buyer has purchased the Goods or Services and where the Buyer's residence is located are the competent courts of jurisdiction. The district/provincial consumer arbitration committees are competent in line with the lower and upper limits specified in sub-article 1 of article 68 of the Consumer Protection Law No. 6502.

ARTICLE 21 - NOTIFICATIONS AND EVIDENTIAL CONTRACT

Any correspondences to be made under this Contract shall be made via email except for the compulsory cases listed in the legislation. The parties acknowledge, declare and undertake that, in the settlement of any disputes arising from this Contract, the Company's official books and commercial records, the electronic and computer and telephone/conversation records held on its databases and servers are binding, precise and exclusive evidence, and this article is in the nature of evidential contract in the sense of Article 193 of the Law on Civil Procedure.

ARTICLE 22 - INVOICE ISSUED TO THE MERCHANT AND CURRENT ACCOUNT BANK TRANSFER CONFIRMATION

22.1 In the case that the Buyer forming the order in this Contract desires to issue the invoice in the name of a third party company and/or legal entity (this expression includes the legal entity merchant as well) and not on behalf of himself/herself, the Buyer represents that he/she confirms the accuracy of the invoice information that he/she has given, to the bank transferring of the amounts of the invoices to be issued in the name of the Buyer in the current account to the current account of the company and/or legal entity to be stated by the Buyer, and that he/she accepts the debt to be issued in the name of the company/legal entity with the commercial title and tax identification number as declared by the Buyer, in accordance with the provisions of assignment of claims. The Buyer irrevocably represents and warrants to compensate the obligation arising from the commercial title, tax department and identification number that he/she has declared in the invoice information being incorrect and from the relevant company/legal entity not accepting the debt, and all pecuniary and non-pecuniary damages of the Seller arising from this transaction. Such that, the provisions of the Law of Obligations and Turkish Commercial Code shall apply due to the fact that the Buyer is not the consumer in this case.

22.2 In the case that the payment for the order given through the website is fulfilled, the Buyer shall have deemed to accept all provisions of this Contract. The Seller is responsible for carrying out the software arrangements that will prevent from giving orders without getting confirmation for the respective Contract having been read and accepted by the Buyer on the website or on the channel through which this Contract is communicated.

This contract comprising 22 (twenty two) articles is concluded and takes immediate effect upon being confirmed by the Buyer in the electronic environment on #DATE#

 

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