Terms of Service

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions specified below.

A. ‘BUYER’; (hereinafter referred to as "BUYER" in the agreement)

B. ‘SELLER’; (hereinafter referred to as "SELLER" in the agreement)

NAME-SURNAME:

ADDRESS:

By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to this agreement, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed about this.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms listed below shall have the meanings indicated opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

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

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acting on behalf of or for the account of the company offering the goods,

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

SITE: The website belonging to the SELLER,

ORDERER: The natural or legal person who requests a good or service through the website belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

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

GOODS: The subject of the purchase It refers to movable property and intangible assets such as software, audio, video, and similar materials prepared for use in electronic environments.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

COMPANY NAME: MOTİFUS BİLİŞİM TEKSTİL İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ

ADDRESS: Esentepe Mahallesi Büyükdere Caddesi Maya Akar Center B Blok NO:102 D:63 PK:34394 ŞİŞLİ /İSTANBUL / TÜRKİYE

EMAIL: [email protected]

PHONE: +90 536 908 3690

5. RECIPIENT INFORMATION

Recipient
Delivery Address
Phone
Fax
Email/Username

6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

6.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

6.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

6.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below. Product Description Quantity Unit Price Subtotal

(VAT Included)

Shipping Cost

Total:

Payment Method and Plan

Delivery Address

Recipient

Invoice Address

Order Date

Delivery Date

Delivery Method

6.4. The shipping cost, which is the cost of delivering the product, will be paid by the BUYER.

7. BILLING INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

Invoice Delivery: The invoice will be delivered to the billing address along with the order during order delivery or via email within 7 days.

8. SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS RULES

The following privacy rules-policy and terms apply to the protection, confidentiality, processing-use of information and communications and other matters on the WEBSITE.

8.1. 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's side, in accordance with the nature of the information and transaction and within the limits of current technical capabilities. However, since the said information is entered from the BUYER's device, the responsibility for taking the necessary precautions, including those related to viruses and similar harmful applications, to protect it and prevent access by unauthorized persons, rests with the BUYER.

8.2. In addition to and as confirmation of the permissions-approvals given by the BUYER regarding personal data and commercial electronic communications in other ways; The information obtained by the SELLER during the BUYER's membership and purchases on the WEBSITE may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, and processed in other ways by the aforementioned parties and their successors indefinitely or for a period they deem appropriate, for the purpose of providing various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and for electronic and other commercial-social communications. This data may also be transmitted to the relevant Authorities and Courts in cases required by law. The BUYER consents to and permits the use, sharing, processing of their existing and new personal and non-personal information within the scope above, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications. 8.3. The BUYER may stop the use and processing of data and/or communications at any time by contacting the SELLER through the specified communication channels and/or by exercising the right to refuse in electronic communications sent to them through the same channels in accordance with legal procedures. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the maximum legal period; furthermore, if desired, information other than that which must be legally retained and/or is possible to retain will be deleted from the data recording system or anonymized in a way that prevents identification. If the BUYER wishes, they may contact the SELLER at any time through the above communication channels and obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them through analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the maximum legal periods or may be rejected with a legal justification explained to the BUYER. 8.4. All intellectual and industrial property rights and ownership rights regarding all information and content on the WEBSITE, and their arrangement, revision, and partial/complete use, except those belonging to other third parties according to the SELLER's agreement, belong to the SELLER.

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

8.6. The privacy and security policies and terms of use of other sites accessed from the WEBSITE apply, and the SELLER is not responsible for any disputes or negative consequences that may arise.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.

9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided that this period does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to this Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and other necessary information and documents; to deliver the product free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner; to perform the work with accuracy and honesty; to maintain and improve service quality; to exercise due care and diligence during the performance of the work; and to act with prudence and foresight. 9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiration of the performance obligation arising from this contract.

9.5. The SELLER accepts, declares, and undertakes that if it becomes impossible to fulfill the order for the product or service, and the SELLER is unable to fulfill its contractual obligations, it will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.

9.7. The BUYER accepts, declares, and undertakes that if, after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product within the specified time due to force majeure events, such as unforeseen circumstances beyond the parties' control that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 14 days for payments made by the BUYER. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, 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 that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time; therefore, the BUYER cannot hold the SELLER responsible for any possible delays.

9.9. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call, and other means for communication, marketing, notification, and other purposes, using the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them.

9.10. The BUYER shall inspect the goods/services subject to this contract before taking delivery; they shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. The goods/services received will be considered undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability 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 cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order. 9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate, and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.

9.13. The BUYER accepts and undertakes from the outset to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will be entirely and exclusively binding on the BUYER.

9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).

9.15. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website. 9.16. Any member who violates one or more of the clauses in this agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to court, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. 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 himself or to the person/organization at the address indicated, without incurring any legal or criminal liability and without giving any reason, provided that he notifies the SELLER. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that he/she has been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax, or email within 14 (fourteen) days, and the product must be unused in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions in this agreement. If this right is exercised, the following must be provided:

a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The product to be returned must be delivered complete and undamaged, including its box, packaging, and any standard accessories.

d) The SELLER is obliged to return the total amount and any documents that obligate the BUYER to debt within a maximum of 10 days from the date of receipt of the withdrawal notification and to take back the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period. f) If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit set by the SELLER, the discount amount received under the campaign will be canceled.

11. SMS MARKETING

By authorizing Motifus to receive SMS marketing during payment and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (including canceled payment reminders for your order), text marketing offers, and transactional texts from us, including review requests, even if your mobile phone number is registered in our call-free system. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply to any SMS sent by us with STOP or use the unsubscribe link we provide in any of our messages. You understand and agree that alternative opt-out methods, such as using alternative words or requests, will not be considered a reasonable way to opt out. We do not charge for the service, but you are responsible for all SMS-related charges and fees applied by your wireless provider. Message and data charges may apply.

If you have any questions, please text HELP to the number from which you received the message. For more information, you can also contact us at [email protected].

We reserve the right to change any phone number or short code we use for our service at any time. You will be informed in such cases. You acknowledge that messages you send to a phone number or short code we have changed, including STOP or HELP requests, may not be received, and we will not be responsible for fulfilling requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent through the service, for errors in such information, and/or for any actions you may or may not take.

Your right to privacy is important to us. You can find our Privacy Policy to determine how we collect and use your personal information.

12. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared according to the BUYER's request or clearly personal needs and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, makeup products, disposable products, goods that are likely to spoil quickly or whose expiration date may pass, products that are not suitable for return for health and hygiene reasons if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods relating to periodicals such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic form or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if the packaging has been opened by the BUYER, as per the Regulation. In addition, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period, as per the Regulation. Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their original unopened, untried, undamaged, and unused condition.

13. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment when using a credit card, they acknowledge, declare, and undertake that they will pay interest and be liable to the cardholder bank within the framework of the credit card agreement between them and the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

14. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections shall be made to the consumer dispute arbitration board or consumer court in the place of residence of the consumer or where the consumer transaction took place, within the monetary limits specified in the Law.

15. EFFECTIVE DATE

The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed through the Site. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the website before the order is processed.

SELLER:
BUYER:
DATE: