Distance sales contract

DISTANCE SALES AGREEMENT

This Agreement regulates the rights and obligations of the parties regarding the sale-delivery of the following products/services ("Product/Products") that the BUYER (Consumer) wants to purchase by placing an order on the "www.modamiza.com" electronic commerce website ("WEBSITE") belonging to the SELLER and other matters. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered by the BUYER will be collected through the payment method he/she chooses.

PARTIES

1.1. This Agreement has been signed between the following parties within the framework of the terms and conditions specified below.

1.2. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)

Title : modamiza ltd

Address : MODAMIZA LTD .FATIH .ISTANBUL/TURKEY

Phone : +90 501 135 0116

Fax : -

E-Mail : info@modamiza.com

1.3. ‘BUYER (CONSUMER)’; (hereinafter referred to as “BUYER” in the contract)

Name/Surname/Title : ………………………..

Address : ………………………..

Phone : ………………………..

E-Mail : ………………………..

DEFINITIONS

In the application and interpretation of this contract, the terms written below shall refer to the written explanations opposite them.

SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,

SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on behalf of the one offering goods,

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

WEBSITE: The internet (web) site belonging to the SELLER,

ORDERER: A natural or legal person who requests a good or service through the internet site belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS/PRODUCT: The movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in an electronic environment.

SUBJECT

3.1. This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER has ordered electronically via the INTERNET SITE belonging to the SELLER, in the event that the BUYER is a consumer.

3.2. In the event that the BUYER is a merchant or in bulk purchases, general provisions shall apply between the parties in accordance with the relevant articles of the TCC and the TCC, and the rules arising from the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts shall not apply in favor of the BUYER. In the event that the BUYER is a merchant or in bulk purchases, the BUYER accepts, declares and undertakes the provisions of the TCC, TCC and this agreement to be applied in the event that the BUYER is a merchant.

3.3. The prices listed and announced on the site are the sales prices. The announced prices are valid until they are updated and changed. Prices announced for a certain period are valid until the end of the specified period.

DATE OF THE AGREEMENT

This agreement shall be deemed to have been signed and shall enter into force from the moment the order given by the Buyer via the website is approved.

PRODUCT/S SUBJECT TO THE AGREEMENT, PRICE, PAYMENT, DELIVERY AND INVOICE INFORMATION

Type and kind, Quantity, Brand/Model, Color, Sales Price of the products are as stated above and this information has also been approved by the BUYER.

Payment (Collection) Information

Payment Method-Means: …………………………

The above section contains information on how many installments the order total to be sent to the buyer's bank will be paid in. The buyer's bank may organize campaigns and apply a higher number of installments than the number of installments the buyer will choose, and may offer services such as postponing installments. Such campaigns are at the discretion of the Buyer's bank and if our company is aware of them, information about the campaigns is provided on our pages. If the Buyer's order is not paid within 3 business days for purchases made via money transfer, the order will be canceled by the system. All responsibilities that arise in this case belong to the customer. After making the money transfer transaction, the Buyer must send the receipt copy of the transaction to the "support@modamiza.com" e-mail address.

DELIVERY INFORMATION

Name, Surname/ Title

Address

Phone

-Mail

INVOICE INFORMATION

Name, Surname/ Title

Address

Phone

E-Mail

Delivery will be made to the address of the BUYER specified above through the contracted cargo company. The cargo fee will be paid by the BUYER. Cargo Fee:

%KARGO_UCRETI% is TL and the cargo price is added to the total amount of the order.

In addition, the fee received for the cash on delivery service offered by cargo companies is entirely a result of the legal relationship between the cargo company and the customer. The seller accepts no responsibility for this fee and the refund of the fee. By concluding this contract, the buyer declares that he/she accepts this matter.

GENERAL PROVISIONS

6.1. This contract is arranged between the SELLER and the BUYER. If the BUYER is a consumer, the provisions of this contract regulated in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts will be applied.

6.2. The Buyer declares and undertakes that the personal and other information provided by the Buyer while becoming a member of the Seller's website or for the creation, cancellation and/or delivery of orders is true and that the personal order information belongs to him/her, and that he/she will compensate the Seller for all damages that the Seller may suffer due to the information being untrue, immediately, in cash and in one go upon the first notification of the Seller.

6.3. If the BUYER is a merchant or in bulk purchases, the provisions of the TCC, TCC and this contract regulated to be applied to merchants will be applied. The BUYER accepts and declares that the provisions regulated in favor of the consumer in this contract will not be applied to him/her in case he/she is a merchant or in bulk purchases.

6.4. Persons under the age of 18 and adults who lack the power of discernment or are limited cannot shop from the SELLER. The SELLER has no liability for attempts to establish a distance sales contract through the website by persons under the age of 18 and adults who lack the power of discernment or are limited.

6.5. The BUYER confirms and accepts that he/she has been informed by seeing and examining all general and special explanations on the relevant pages and sections of the WEBSITE before the acceptance and establishment of this Agreement by the BUYER on the WEBSITE and before entering into the obligation to place an order or make a payment.

v SELLER's title and contact information and current introductory information,

v The sales process stages during the purchase of the Product(s) from the WEBSITE and the appropriate tools-methods for the correction of incorrectly entered information,

v The Professional Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and the electronic communication information where the ITO can obtain the code of conduct foreseen by the profession (Phone: 4440486, www.ito.org.tr)

v The privacy, data usage-processing and electronic communication rules applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods for the parties to use their rights,

v Shipping restrictions foreseen by the SELLER for the Products,

v The payment methods-instruments accepted by the SELLER for the Product(s) subject to the contract and the basic features-qualifications of the Products, the total price including taxes (total amount to be paid by BUYER to SELLER, including related expenses),

v Information on the procedures for delivery of the Products to BUYER and transportation-delivery-cargo expenses,

v Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, commitments-responsibilities of the parties in these matters,

v Products and other goods-services for which BUYER does not have the right of withdrawal,

v Conditions, period and procedure for using this right in cases where BUYER has the right of withdrawal, and the fact that BUYER will lose the right of withdrawal if the right is not used within the period,

v In Products with the right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, BUYER's withdrawal request may not be accepted and BUYER will be liable to SELLER in any case, and in cases where SELLER accepts, it will pay to BUYER an amount it deems appropriate according to the said damage or change. can collect it by deduction (set-off) from the refund it will make,

v In cases where the right of withdrawal exists, how it can return the Products to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),

v If the BUYER is a legal entity, it cannot use its "consumer rights", especially the right of withdrawal, for the Products it purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),

v Depending on its nature, all other sales conditions included in this Agreement and this Agreement are sent to the BUYER by e-mail after being approved and established by the BUYER on the WEBSITE, and can be stored and accessed by the BUYER for the period requested by the BUYER, and the SELLER can keep it with them for three years.

v In case of dispute, the BUYER can submit his complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

6.6. Each product subject to the Agreement is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, provided that it does not exceed the 30-day legal period and an additional 10-day period with prior written notice. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

6.7. In case the BUYER is a merchant or in bulk purchases, the parties may also agree on a delivery period. In this case, the BUYER, who is a merchant, also accepts and declares to receive the products within the agreed period.

6.8. However, for the pre-order product(s), this 30-day legal period will start after the sales date announced on the sales page of the relevant product, and there may be delays caused by the supplier company on this sales date. In this case, the SELLER will inform the BUYER in writing in advance. In this case, the BUYER may exercise one of the rights to cancel the order or to wait for the delivery period and have the product(s) subject to the order delivered. If the BUYER cancels the order, the amount paid will be returned to the BUYER within 14 (fourteen) days.

6.9. If the product(s) subject to the distance sales contract are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery will be made not accepting the delivery.

6.10. SELLER accepts, declares and undertakes to perform the product subject to the Contract completely, in accordance with the qualifications specified in the order and free from any defects, in a solid manner in accordance with the legal legislation requirements, in accordance with the standards, within the principles of honesty and integrity, and to show the necessary care and attention during the performance of the work.

6.11. SELLER may fulfill the performance obligation arising from the contract by supplying a different product of equal quality and price by informing the BUYER and obtaining his/her approval before the expiration of the term.

6.12. For the delivery of the product(s) subject to the distance sales contract, it is required that this distance sales contract is confirmed electronically and the price of the product(s) is paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, SELLER is deemed to have been released from the obligation to deliver the product. All responsibilities arising from all transactions belonging to others belong to the BUYER.

6.13. In case the payment for the product(s) subject to the distance sales contract is made by the BUYER via an ATM or branch of any Bank as a “deposit to account”, the BUYER accepts and undertakes to send the IBAN number of a bank account belonging to him/her to the SELLER’s e-mail address support@modamiza.com in a correct and complete manner, in order to be used in cases where the product price needs to be returned to the BUYER within the framework of the conditions specified in this contract, and to consent to the SELLER making a return to the IBAN number. Unless the account information is notified by the BUYER, the SELLER will not be in default and the SELLER will not be held responsible for the default.

6.14. SELLER accepts, declares and undertakes to notify BUYER if it cannot deliver the contracted product within the specified time due to force majeure reasons such as situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, and legal and administrative regulations. BUYER also has the right to request SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In case the order is canceled by BUYER, the product amount will be returned to BUYER within 14 days for payments made by cash. In case the BUYER makes payments by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after it is refunded to the bank is entirely related to the bank transaction process, BUYER cannot hold the SELLER responsible for possible delays. SELLER's rights of offset arising from this Agreement and the law or usage for the amount to be refunded are reserved. In the event that the BUYER is a merchant or in bulk purchases, failure to deliver the product subject to the contract within the due date due to force majeure and legal and administrative regulations does not grant the BUYER the right to withdraw from the contract. In the event that the BUYER is a merchant or in bulk purchases, the right to withdraw from the contract may be exercised in accordance with the general provisions regulated in the TCC and TTK.

6.15. The establishment of this contract with the BUYER will only be possible by indicating the geographical borders of Turkey as the delivery address. If the BUYER indicates a place outside the geographical borders of Turkey as the delivery address, this contract will not be established and the BUYER accepts, declares and undertakes that the SELLER will not bear any responsibility in this regard.

6.16. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by the BUYER in the site registration form or updated by the BUYER later. The BUYER accepts and declares that the SELLER may engage in the communication activities specified above towards the BUYER.

6.17. The SELLER may exercise its right to terminate and withdraw from the contract arising from the law and this contract by notifying the e-mail address provided by the BUYER. The BUYER accepts, declares and undertakes that the declaration of intent regarding this will have its provisions and consequences upon the sending of the declaration of intent by the SELLER to the e-mail address of the BUYER.

6.18. The BUYER shall inspect the goods/services subject to the contract before receiving them; shall not accept goods/services with damaged and defective features such as crushed, broken, torn packaging etc. from the cargo company and shall have this issue determined with a damage assessment report to be prepared together with the cargo officer. If the BUYER does not have the cargo officer prepare a damage assessment report, the BUYER shall not be able to claim damage or defect regarding the goods subject to the contract, and the goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice shall be returned.

6.19. In the event that the BUYER is a merchant or if the goods are defective in bulk purchases, the provisions regarding defects shall be applied in accordance with the general provisions of the TCC and TCC. The BUYER, who is a merchant, shall inspect the goods/services subject to the contract before receiving them; shall not accept goods/services with damaged, broken, torn packaging etc. will not accept the damaged and defective goods/services from the cargo company and will have this issue determined by a damage assessment report to be prepared together with the cargo officer. If the BUYER does not have the damage assessment report prepared by the cargo officer, the BUYER will not be able to claim damage or defects regarding the goods subject to the contract, and the goods/services received will be deemed to be undamaged and intact.

6.20. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her and all necessary information and documents. The order will be frozen until the BUYER provides the requested information/documents and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order. In this case, the BUYER will not be able to claim any rights or receivables from the SELLER.

6.21. If there is a reward point application in the sale, as a general rule, in cases where any unfair reward point gain or use is detected by the BUYER, the monetary value-amount of the said reward points can be collected from the BUYER by the SELLER (via credit card, cash or other legal methods). This provision also applies to the price of the goods given to the BUYER by the SELLER as a gift as a result of the application of such a system.

6.22. The BUYER declares and undertakes that the personal and other information provided on the SELLER's website is true and that the SELLER will compensate all damages that the SELLER may suffer due to the inaccuracy of this information immediately, in cash and in one go upon the first notification of the SELLER.

6.23. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will belong to the BUYER completely and exclusively.

6.24. BUYER may not use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or in a way that violates the material and moral rights of others. In addition, BUYER may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

6.25. BUYER accepts and declares that it is responsible for any infringement that may occur due to illegal acts such as the rights arising from the registration of the registered product/products purchased by BUYER, copying, duplicating the registered product and damaging the rights arising from the registration for all other reasons caused by BUYER. BUYER reserves all rights to claim compensation and other claims against SELLER arising from the unauthorized use of the said registered products.

6.26. Links may be provided to other websites and/or other content that are not under the control of SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that website, and the SELLER has no responsibility for the information contained in the linked website.

6.27. The BUYER who violates one or more of the articles listed in this contract shall be personally liable for this violation in penal and legal terms and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the BUYER.

6.28. If the BUYER defaults for any reason during payment; the BUYER accepts, declares and undertakes to pay the SELLER's losses and damages due to the delayed performance of the debt.

RIGHT OF WITHDRAWAL

7.1. In order to exercise the right of withdrawal under the provisions of this contract, the BUYER must be a consumer. The BUYER may only exercise the right of withdrawal arising from the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts under these conditions. In the event that the BUYER is a merchant or in bulk purchases, the BUYER may exercise the right to withdraw from the contract in accordance with the general provisions regulated in the TCC and TCC. In the event that the BUYER is a merchant or in bulk purchases, the SELLER reserves the right to withdraw from the contract unilaterally in accordance with the general provisions regulated in the TCC and TCC.

7.2. In the event that the BUYER is a consumer; if the distance contract is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, provided that he/she notifies the SELLER, without assuming any legal or criminal liability and without giving any justification. In distance contracts related to service provision, this period starts from the date the contract is signed. If the service is started with the consumer's approval before the withdrawal period ends, the right of withdrawal cannot be used. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.

7.3. If the BUYER is a consumer; in order to use the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case this right is used;

v The product delivered to the 3rd party or the BUYER must be sent with its invoice. (If the invoice of the product to be returned is corporate, in case of other obligations, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued on behalf of institutions cannot be completed unless a Return Invoice is issued.)

v Products to be returned must be sent together with the Return form.

v Products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any.

v SELLER is obliged to return the total price and the documents that put BUYER under debt to BUYER within 14 days at the latest from the receipt of the withdrawal notice and to take back the goods.

v If the value of the goods decreases due to a reason caused by BUYER's fault or if return becomes impossible, BUYER is obliged to compensate SELLER's damages to the extent of his/her fault. However, BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product during the withdrawal right period.

v If the campaign limit amount set by the SELLER falls below the amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.

v The products to be returned must be sent to the SELLER's address specified when the contract was established, via the contracted cargo company specified on the WEBSITE, with the cargo fee being borne by the SELLER. Otherwise, it is deemed that the right of withdrawal has not been used.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

If the BUYER is a consumer, underwear and all its derivatives, disposable products, products that have undergone changes in shape, damaged products, goods or services that are not suitable for return even if they have not been used, prepared in line with the BUYER's request or personal needs, disposable products, products that have undergone changes in shape, damaged products, goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, and goods delivered if the packaging is opened by the BUYER are not possible to be returned according to the Regulation on Distance Contracts.

In addition, it is not possible to use the right of withdrawal regarding services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period according to the Regulation on Distance Contracts. In order for products such as personal use products, underwear products, etc. to be returned, their packaging must be unopened, untested, intact and unused. Again, in general, it is not possible to use the right of withdrawal in cases where the BUYER makes a purchase for commercial/professional purposes and other goods and services that are considered outside the scope of distance sales in accordance with the relevant legislation.

RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

8.1.Seller modamiza is subject to both the KVKK and the EU General Data Protection Regulation 2016/679 regarding the processing of personal data obtained from its members.modamiza collects, uses, transmits and processes personal data from its users in accordance with the Turkish Personal Data Privacy and Protection Policy and the GDPR Privacy Policy and this Agreement, which can be accessed from the www.modamiza.com platform. The Turkish Personal Data Privacy and Protection Policy and the GDPR Privacy Policy are part of this distance sales contract. .

8.2.The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the said information is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER's side and prevent it from being accessed by unrelated persons, belongs to the BUYER.

8.3. The information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period of time to be determined by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties/organizations to be determined by them for the provision of various products/services and all kinds of information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and allows its current and new personal and non-personal information to be used, shared, processed and to be made commercial and non-commercial electronic communications and other communications to be made to it in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above.

8.4.BUYER may reach SELLER through the specified communication channels and stop data usage-processing and/or communications at any time. According to BUYER's clear notification in this regard, personal data transactions and/or communications belonging to the party shall be stopped within the legal maximum period; in addition, if it wishes, its information, except for those legally required to be preserved and/or possible, shall be deleted from the data recording system or anonymized in a way that its identity cannot be determined. BUYER may, if it wishes, always apply to SELLER through the above communication channels and receive information on matters such as transactions related to the processing of its personal data, persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against it by analyzing it with automatic systems, and compensation in case of damages due to unlawful processing of data. Applications and requests regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.

8.5. All intellectual and industrial rights and property rights regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use; except for those belonging to other third parties according to the agreement of the SELLER; belong to the SELLER.

8.6. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall be valid from the moment they are announced by the SELLER on the WEBSITE or other appropriate methods.

8.7. The privacy-security policies and terms of use of other sites accessed from the WEBSITE shall apply to them, and the SELLER shall not be responsible for any disputes or negative consequences that may arise.

LEGAL REMEDIES AND AUTHORITY

9.1. In matters not regulated in this distance sales contract, if the BUYER is a consumer, the provisions of the Consumer Protection Law No. 6502 and the relevant legislation shall apply, and if the BUYER is a merchant or in bulk purchases, the relevant provisions of the TCC and TTK shall apply between the parties.

9.2. In disputes arising from this contract, complaints and objections shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits determined and announced by the Ministry of Customs and Trade every year in accordance with the law, if the BUYER is a consumer.

9.3. Istanbul (BAKIRKÖY) Enforcement Offices and Courts have exclusive jurisdiction in disputes arising from this contract made for commercial purposes and where the BUYER is a merchant.

9.4. This distance sales contract has been read, accepted and confirmed by the parties electronically.

NOTIFICATIONS AND EVIDENCE AGREEMENT

All correspondence to be made between the Parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the legislation. The BUYER accepts, declares and undertakes that in disputes that may arise from this AGREEMENT, the official books and commercial records of the SELLER, the electronic information and computer records kept in its own database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

ENFORCEMENT

11.1. The BUYER accepts and declares that he/she has read all the conditions and explanations written on the Site in this AGREEMENT consisting of 11 (eleven) articles and in the order-contract preliminary information that constitutes an integral part of it, that he/she has prior knowledge of all the issues written in this Agreement, including the basic features-qualifications of the Product/Products subject to sale, sales price, payment method, delivery conditions, all other preliminary information-information regarding the SELLER and the Product subject to sale, right of withdrawal and personal information-electronic communication conditions, that he/she has seen all of them electronically on the Site and that he/she has accepted the provisions of this Agreement by ordering the Product by confirming-approving-accepting-permitting all of these electronically.

11.2. Both the said preliminary information and this AGREEMENT are also sent to the above e-mail address that the BUYER has notified to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.

11.3. The preliminary information text is a part of this contract and precedes the contract. By clicking the checkbox in distance sales over the internet, or by sending a declaration via e-mail that the BUYER has read and accepted the preliminary information form sent to the e-mail address provided by him/her in distance sales over the phone, it is accepted by the parties that the preliminary information has been read before the establishment of the sales contract and the sales contract following this text becomes valid between the parties.

11.4. If the BUYER completes the necessary stages and confirmations regarding the order he/she placed on the Site, he/she is deemed to have accepted all the terms of this contract.

SELLER : modamiza ltd

BUYER : ……………………..

DATE : ………………………

Annex 1-Withdrawal Form

Annex-1

WITHDRAWAL FORM

(This form will be filled out and sent only when the right to withdraw from the contract is desired.)

To

modamiza Tekstil Sanayi Ticaret Limited Şirketi

Molla Gürani, Turgut özal cad no50daire 6 temelli apt, 34093 Fatih/İstanbul

0554 571 53 78

support@modamiza.com

With this form, I declare that I have used my right to withdraw from the contract regarding the sale of the following goods or provision of services.

Order Code/Number

Order date or delivery date

Goods or services subject to the right of withdrawal

Price of the goods or services subject to the right of withdrawal

Name, surname and T.R. of the buyer ID number

Recipient's address

Recipient's signature

Date