- PARTIES TO THE AGREEMENT
1.1. This User Agreement ( "Agreement" ); Ayazaga Mah. 215. Sk. Modaloop Giyim ve Aksesuar Ticaret ve Pazarlama Anonim Şirketi ( “Modaloop” ), located at Vadi İstanbul Teras Sitesi 3 Blok NO: 4/3 Interior Door No: 72 Sarıyer/İstanbul, is owned by Modaloop https://moda-loop.com/ to the website with the web address ( “Internet Site” ) has been established in electronic environment between the User ( “User” ) who will deliver their Products to Modaloop for the purpose of loading goods ( “Product ”) for rent and the Customer ( “Customer” ) who leases the Products, in accordance with the terms and conditions set forth below.
1.2. Modaloop, User and Customer shall be referred to individually ( “Party” ) and collectively ( “Parties” ).
- THE SUBJECT OF THE CONTRACT
2.1. The subject of this Agreement is to determine the rights and obligations of the parties regarding the rental and delivery of the Product belonging to the User, which the Customer has ordered electronically from the website of Modaloop at https://moda-loop.com/. By accepting the terms of this Agreement, the User/Customer also accepts all kinds of statements made by Modaloop regarding the use, membership and all services on the Website. The User/Customer accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.
- MEMBERSHIP AND GENERAL SERVICE FRAMEWORK
3.1.1. The process of becoming a member of the Website is completed when the User/Customer creates an account on the Website by using their e-mail address and providing the necessary information. Until the membership process is completed, the rights and powers arising from the membership set forth in this Agreement cannot be acquired.
3.1.2. To become a member of Modaloop, you must be of legal age. Even if the membership applications made through minors are completed, it will not result in the use of the rights arising from the membership.
3.1.3. Modaloop may unilaterally terminate this Agreement, terminate the User/Customer's membership or temporarily suspend the membership without giving any reason and without any obligation to pay any compensation.
3.1.4 The User may unilaterally terminate this Agreement at any time and without any justification, provided that 15 (fifteen) days' written notice is given. If the Product is rented by the Customer/s on the date the User terminates the Agreement, the User accepts, declares and undertakes to compensate for the damages arising from Modaloop's failure to send the Product to the Customer/s.
3.2. General Service Framework
3.2.1. The scope of the services provided within the framework of this Agreement; Customer/s by the User(s) delivering the Products over which they have legal disposition, to Modaloop in order to allow them to be rented by the Customer/s for a certain price, and by displaying the aforementioned Products as advertisements on the Website by Modaloop. e-lease, marketing, promotion and advertisement, and providing the service of ensuring the payment relationship between the parties in a secure manner within the scope determined by this Agreement.
- USER'S RIGHTS AND OBLIGATIONS
4.1. The User may deliver the original sales price of 1,000,00 (thousand) Turkish Lira and his clothes and accessories to Modaloop for the purpose of leasing them to the Customer/s, to be uploaded to the Website. It is essential to accept that the Products sent to Modaloop by the User are original and/or as promised by the Customer.
4.2. The User accepts, declares, and declares that the personal and other information provided while subscribing to Modaloop's Internet Site is truthful, and that Modaloop will immediately indemnify all damages incurred due to the inaccuracy of this information upon the first notification of Modaloop, in cash and in full, and commits.
4.3. The User has the absolute right and authority to dispose of the Products sent to Modaloop for rental purposes, without any contention; accepts, declares and undertakes that there is no legal or de facto obstacle to the rental of the aforementioned Products and that all legal responsibility belongs to him.
4.4. The User accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the Modaloop Website. Otherwise, all legal and penal liabilities that may arise will bind the User completely and exclusively.
4.5. The User accepts, declares and undertakes that all liabilities regarding the taxation of all earnings to be obtained within the scope of commercial cooperation with Modaloop belong solely to him.
4.6. It is forbidden for the User to link or share contact information with another website, the content of a website or any data on the network, in any transaction to be made through the Website, without the written consent of Modaloop.
4.7. The User is exclusively free from all kinds of unlawful comments, announcements, explanations and sharing, including but not limited to any profanity, insult, obscenity, used in areas accessible to other Users and/or Customers or in private messaging, and any damages that may arise as a result of these. will be responsible.
4.8. The User may not transfer this Agreement or its rights and obligations under this Agreement, in whole or in part, to any third party without the written consent of Modaloop.
- CUSTOMER RIGHTS AND OBLIGATIONS
5.1. The Customer has the right to retain the received Product for the period (4 days / 8 days / 12 days) specified when creating the order. During this period, the Customer accepts, declares and undertakes that he will use the Product in the best way by taking all kinds of care and will take the necessary measures to protect it until the return date, at the end of this period, he will deliver the Product to the contracted cargo company of Modaloop.
5.2. The Customer accepts, declares and undertakes that it is obliged to pay the one-day rental fee of the Product for each day of delay in delivering the Product to the cargo company. The one-day rental price of the Product means the price obtained by dividing the rental price of the Product by the number of days the Customer has the right to retain the Product.
5.3. In case the Product received by the Customer is damaged, defective, dirty and/or different from the photo on the Website, the Customer shall notify this situation to Modaloop within the day the Product is received and if Modaloop approves the Product, It can request the return of the rental fee to be sent to Modaloop within 24 hours from the moment it reaches the product. If Modaloop accepts the return, it accepts, declares and undertakes that it will return the rental fee to the Customer within 30 days from the return of the Product, after deducting the costs.
5.4. The customer cannot lease, sub-lease, transfer or assign the leased property partially or completely to third parties. Otherwise, Modaloop shall have the right to collect from the Customer the sales price of the original Product to be determined by it.
5.5. The customer has the right to baste for the sole purpose of shortening the length of the product. The basting stitch is a type of stitch that is made by sewing the product intermittently without cutting it and is easily removed. Apart from this, the Customer accepts, declares and undertakes that he will not make any changes, sewing or alterations on the Product, not change the dimensions of the Product, have additional stitches on the Product, have the additions removed, not dry-clean or wash the Product for any purpose. .
5.6. The Customer accepts that the personal and other information provided while subscribing to Modaloop's Website and creating an order are true, and that Modaloop will immediately indemnify all damages incurred due to the inaccuracy of this information, upon the first notification of Modaloop, in cash and in full. , declares and undertakes.
5.7. The Customer accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the Website of Modaloop. Otherwise, all legal and penal liabilities that may arise will bind the Customer completely and exclusively.
5.8. The Customer is exclusively free from all kinds of unlawful comments, announcements, explanations and sharing including but not limited to any profanity, insult, obscenity used in areas accessible to other Customers and/or Users or in private messaging, and any damages that may arise as a result of these. will be responsible.
- RIGHTS AND OBLIGATIONS OF MODALOOP
6.1. Modaloop has the right to receive a commission of 40% of the rental price of the Product, excluding taxes, for each Product rented by the User. This rate can be changed by Modaloop at any time. The rental price of the Product refers to the rental price of the Product on the Internet Site.
6.2. The Products delivered to Modaloop by the User are under the guarantee of Modaloop starting from the date the Product reaches Modaloop until the date the Product is sent back to the User. The Products sent by the User to Modaloop will be examined before they are accepted by Modaloop, and Modaloop has the right to reject the Product without any conditions. In case the Product is rejected and returned to the User, all responsibility arising from the return and/or the costs, defects, defects and damages that may arise on the Product belongs to the User and Modaloop shall not have any responsibility.
6.3. The photos of the Products sent to Modaloop by the User will be taken by Modaloop and the Products will be uploaded to the Website by Modaloop. Modaloop accepts, declares and undertakes that it will show the necessary attention and care during the photography, packaging and shipping stages of the Products.
6.4. Modaloop accepts, declares and undertakes that the Products will be delivered to the Customer as it is sent by the User, clean and as seen in the photos uploaded to the Website. The responsibility arising from Modaloop's violation of this article belongs exclusively to Modaloop. However, Modaloop cannot be held responsible for any damages that are not notified within the day of delivery of the Product by the Customer who inspects and receives the Product on the delivery date.
6.5. Modaloop accepts, declares and undertakes that it will deliver the Product to the contracted cargo company in such a way that it will be delivered to the Customer on the dates the Customer has rented the Product. Modaloop accepts, declares and undertakes that it is solely responsible for the shipping fee.
6.6. Modaloop will have the Product cleaned by the contracted dry cleaning company before renting the Product to a new Customer after the Product rented by the Customer is returned to it. Modaloop accepts, declares and undertakes that it is responsible for dry cleaning costs.
6.7. Modaloop is obliged to check the Product returned by the Customer, to determine whether the Product is a leased Product, and to inspect the Product for damage on the return date of the Product.
6.8. Modaloop accepts, declares and undertakes that it will inform the User about the situation within 2 days in case the Product is returned or not returned as damaged and/or modified by the Customer.
6.9. If the Customer causes any damage to the Product; If the damage repair cost is less than 100.00 (one hundred) Turkish Lira, the damage will be covered by Modaloop. In cases where the damage repair cost exceeds 100.00 (one hundred) Turkish Lira, the damage will be borne by the Customer. In the event that the Product cannot be repaired or the Product is not returned by the Customer, the Customer agrees, declares and undertakes to pay the original Product's sales price to be determined by Modaloop immediately, in cash and in advance, upon the first notification of Modaloop.
6.10. If it is understood by Modaloop that the Product returned by the Customer is different from the Product sent to the Customer by Modaloop, the Customer agrees to pay the original Product's sales price to be determined by Modaloop immediately, in cash and in full, upon the first notification of Modaloop, declares and undertakes.
- CONTRACT PRICE AND PAYMENT
7.1. In the event that the Product, which is the subject of this Agreement, is rented within the terms specified in the Agreement, the Customer agrees, declares and undertakes to pay the rental price of the Product to Modaloop in advance. The rental price of the Product refers to the rental price of the Product on the Internet Site.
7.2. In case the Product, which is the subject of this Agreement, is rented, Modaloop pays the Contract price collected from the Customer under Article 6.1 of this Agreement. will deduct the commission he is entitled to and transfer the remaining amount to the bank account of the User within 30 days.
- FORCE MAJEURE
8.1. Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or other events that are beyond Modaloop's control, not caused by fault and cannot be reasonably foreseen ( "Force Majeure" ) Modaloop' If it prevents or delays the performance of its obligations arising from this Agreement, Modaloop cannot be held responsible for its obligations that are hindered or delayed as a result of Force Majeure, and this cannot be considered a violation of this Agreement.
- PROTECTION OF PERSONAL DATA
9.1. Name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the User and the Customer, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698. informations; Taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, being used in marketing activities about orders, products and services, updating the information of the User and the Customer, and managing and maintaining memberships. and Modaloop for the purpose of performing the User Agreement and other agreements established between Modaloop and Modaloop and to ensure that the technical, logistic and other similar functions of third parties are performed on behalf of Modaloop, indefinitely/permanently recorded by Modaloop, its affiliates and third parties and/or organizations, kept in written/magnetic archives can be used, updated, shared, transferred and processed in other ways.
- CONTRACT CHANGES
10.1. Modaloop may, at its sole discretion and unilaterally, amend this Agreement at any time it deems appropriate, by posting it on the Website. The amended provisions of this Agreement will become valid on the date they are announced, and the remaining provisions will remain in effect and continue to have their provisions and consequences.
- ENTIRE AGREEMENT
11.1. This Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Agreement is found by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid, unenforceable or unreasonable, this Agreement shall be deemed severable and other provisions to the extent that such invalidity, unenforceability or unreasonability will remain in full force.
12.1. Modaloop may at any time transfer and assign its rights, obligations, receivables and responsibilities arising from this Agreement, in whole or in part, to third parties. The User/Customer will not be able to fully or partially transfer or assign the rights, obligations, receivables and responsibilities arising from this Agreement without the written consent of Modaloop.
13.1. The parties accept, declare and undertake that the addresses on the Website and specified in the membership information are legal notification addresses and that the notifications to these addresses will be valid.
- RESOLUTION OF DISPUTES
14.1. Modaloop's recordings (including recordings in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. Istanbul Courts and Enforcement Offices shall be authorized in disputes arising from the implementation and interpretation of the Convention.
15.1. This Agreement, which consists of 15 (fifteen) articles, has entered into force as of the moment it is approved by the User/Customer by reading and fully understanding each of its provisions and approved in the electronic environment.