DISTANCE SALES CONTRACT

 

ARTICLE 1 – PARTY

This Distance Sales Agreement (“Agreement”) has been concluded by electronic approval between the Buyer and the Seller within the framework of the terms and conditions set forth below. The Buyer and the Seller will be referred to individually as a “Party” and collectively as the “Parties” within the scope of the Agreement.

1.1 SELLER'S INFORMATION

Title        : Çapa Online Cosmetics and Medical Products Trade Joint Stock Company

Address : Yassıören Mah. Ağaçkakan Sk . No:15A Arnavutköy / İstanbul 

Phone : 4448717 

Email: sayhello@tinygreen.com.tr

Central Registry Number : 0229086462400001

1.2 BUYER'S INFORMATION

Name-Surname : 

Phone: Email:

Address :

ARTICLE 2 - SUBJECT OF THE AGREEMENT

ordered electronically by Buyers through https://www.thetinygreen.com/ (“Website”) prepared by Çapa Online Kozmetik ve Medikal Ürünleri Ticaret Anonim Şirketi (“Seller”) and delivered to the Seller. It covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers ("Law") - Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) ("Regulation") regarding the Contract and the Product specified below, which it sells to the Buyers. By accepting this Contract , the Buyer accepts in advance that if the service request subject to the contract is approved, it will be under the obligation to pay the service fee and additional fees specified such as taxes and that it has been informed in this regard.

ARTICLE 3 - PRODUCT, PRICE AND PAYMENT

3.1. The sales price of the Product purchased by the Buyer, its quantity, price and payment (collection) information including all taxes are shown in the table below.

Product Name Price Piece Total

PRODUCT:

SHIPPING COST:

INSTALLMENT DIFFERENCE AMOUNT:

DISCOUNT AMOUNT:

PAYMENT METHOD AND SCHEDULE:

Estimated Delivery Date:

Order Date:

Card Type:

Card Number:

Amount:

BILLING INFORMATION:

Name, Surname / Title

BILLING INFORMATION:

Address:

Telephone:

Email

 

3.2. The Product will be delivered to the Buyer whose information is given in article 1.2. The delivery period of the Product to the cargo company that the Seller works with is 30 (thirty) days. The Buyer knows that it can terminate the Contract if the delivery period exceeds 30 days . The Buyer knows and accepts that the delivery period of the Product prepared in line with the Buyer's request and personal needs or the Product in the pre-order stage may exceed 30 (thirty) days.

 

3.3. Payment is collected from the Buyer by the Seller.

 

3.4. Unless otherwise stipulated in writing, the Buyer must have paid the price in full before purchasing the Product. If, for any reason after the purchase of the Product, the Bank/financial institution to which the credit card or bank card used for the transaction belongs does not pay the Service fee to the Seller or demands the amount paid back, the Seller decides to terminate the performance of the Product immediately.

 

3.5.    For the avoidance of doubt ; in cases where the Buyer pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Service sales realized within this framework and for which the Seller collects the price in a lump sum or gradually are not credit or installment sales for the parties to this Agreement, but are cash sales. The Seller's legal rights in cases deemed to be installment sales by law are available and reserved within the framework of the relevant legislation.

 

ARTICLE 4 - MATTERS ABOUT WHICH THE CUSTOMER IS INFORMED BEFORE THE SERVICE

The Buyer accepts and declares that he/she has been informed in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation with the Preliminary Information Form, which is an integral part of the Contract regarding the Product he/she will purchase within the scope of this Contract, and that he/she has been given the opportunity to obtain a copy of the Contract and the Preliminary Information Form .

 

ARTICLE 5 - RIGHT OF WITHDRAWAL

5.1. The Seller is aware that the Buyer has the right to withdraw from the Contract by returning the Product within 14 (fourteen) days from the date of delivery, without assuming any legal or criminal liability and without giving any reason .

 

5.2. The Buyer shall send the notice of right of withdrawal and other notifications regarding the Contract to the Seller's address specified above in writing or via e-mail. In order for the Buyer to exercise his [ ADOŞ5] right of withdrawal, the Seller must be notified within the specified period in accordance with the provisions of the legislation. If the notification is not made within the period and in accordance with the provisions of the legislation, the Buyer knows that he cannot exercise his right of withdrawal without giving a reason.

 

5.3. In case of exercising the right of withdrawal, the Buyer shall return the Product to the Seller within 14 ( fourteen ) days , complete and undamaged, as it was sent. Return costs belong to the Buyer. The price paid by the Buyer shall be refunded to the Buyer in accordance with the payment method within 14 (fourteen) days following the delivery of the Product to the specified carrier.

 

5.4. The Buyer knows that he/she cannot exercise his/her right of withdrawal in the following cases:

 

Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are beyond the control of the seller or provider.

Contracts regarding goods prepared in line with the consumer's wishes or personal needs.

Contracts for the delivery of goods that are perishable or subject to expiration.

Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.

Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.

Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seals and packages have been opened after the delivery of the goods.

Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under subscription contracts.

Contracts that must be made on a specific date or period, regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes.

Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.

Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.

Contracts regarding movable properties that are required to be registered and unmanned aerial vehicles that are required to be registered, in accordance with the Highway Traffic Law No. 2918 dated 13/10/1983.

Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.

Contracts concluded through live auctions.

Contracts regarding the installation or assembly of goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service.

 

Within the scope of Article 15/e of the Distance Contracts Regulation, consumers do not have the right of withdrawal in contracts regarding books, digital content and computer consumables offered in material form, if protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.

 

ARTICLE 6 - GENERAL PROVISIONS

6.1. The Seller shall deliver the Product completely, in accordance with the specified qualifications and with other information and documents that must be delivered with the Product in accordance with the Legislation.

 

6.2. The Seller is not responsible for any damages that may arise due to the failure to deliver the Product due to the Buyer not being present at the delivery address specified by the Buyer and not being received afterwards. If the Product cannot be delivered to the Buyer in any way, the Buyer will be deemed to have returned the Product and the payments made to the Buyer will be refunded in accordance with the legal period.

 

6.3. The Buyer declares that he/she will inspect (check) the Product at the time of receiving it and will not accept the delivery if it is broken, torn, damaged or in any other situation.

 

6.4. The Buyer shall check the Product delivered to him as soon as possible and shall immediately notify the Seller if it is defective. The Buyer who does not notify the Seller within 14 (fourteen) days from the delivery knows and accepts that he cannot benefit from his rights related to the defect.

 

6.5. If the right of withdrawal is exercised after the Product is received by the Buyer, the Product will not be used by the Buyer and will be returned complete with all information and documents provided during delivery.

 

6.6. The Buyer knows, accepts and declares that in case of a refund to the Buyer due to the use of the right of withdrawal, termination of the Agreement or other reasons, the process of reflecting the amount refunded to the Buyer by the Seller to the Buyer's bank account is related to the Bank used and the Seller is not responsible.

 

6.7. The Seller and the applicable legislation may limit the number of products that the Buyer may order. The Buyer is informed about the limitations through the Website. The Buyer knows and accepts that when the Buyer orders more than the specified number of units, the order exceeding the limit may be cancelled. In such a case, the fee for the cancelled orders will be refunded to the Buyer.

 

Article 7 – PERSONAL DATA

 

7.1. Processing of Personal Data

The Seller processes the personal data obtained from the Buyer during the continuation of the Product, including but not limited to name, surname , date of birth, e-mail address, address, mobile phone number, electronic device brand, model, software password and user name information, answers to security questions and verification information (“Personal Data/ s ”) , for the purposes of providing the Service , managing the request and/or service order within the Seller, providing online and offline support services, conducting surveys, verifying the Buyer’s identity and personal data, updating the Website, controlling any fraudulent and abusive actions, maintaining quality standards and identifying and offering selected product and service opportunities based on the Buyer’s preferences.

 

7.2. Consent to Processing

The Buyer accepts that he/she has been informed about and has consented to the automatic or non-automatic acquisition, acquisition, legal recording, keeping in written/magnetic archive records, storage, protection, learning, use, updating, correction, combination, rearrangement, classification, disclosure, sharing, modification (internally and externally), transfer to third parties and institutions located in the country and processing by any other method (“Processing”) of his/her personal data in all media and documents during the purchase of the Product, activation and the telephone call or remote connection of the Product/Service and/or the use of the Website.

Buyer separately and expressly agrees that Seller may record telephone conversations in order to maintain quality standards and fulfill Buyer requests.

 

7.3. Buyer's Rights

may request the following from the Seller by calling the number specified in article 1.1 or by sending an e-mail to the e-mail address:

7.3.1. Information on whether or not your Personal Data is processed,

7.3.2. Information on the scope and methods of processing personal data,

7.3.3. Information about the purpose of the processing and whether it is suitable for the purpose,

7.3.4. Identity information of third parties to whom Personal Data is transferred and who are located in Turkey or not,

7.3.5. Correction of personal data if it is processed incorrectly or incompletely,

7.3.6. Deletion and destruction of Personal Data when the purpose of processing is no longer valid,

7.3.7. Objection to any result against the Recipient as a result of the analysis of Personal Data by automated systems,

7.3.8. Requesting compensation for damages resulting from the illegal processing of Personal Data.

 

7.4 Limits of Buyer's Rights

7.4.1. The Seller may reject requests that are unreasonably repetitive, require disproportionate technical efforts such as establishing new systems and/or systems or fundamentally changing existing systems, procedures and applications, may endanger the confidentiality of other persons' information or are extremely inconvenient, such as requests concerning relevant information contained in backup systems or requiring significant costs for the Seller.

 

7.4.2. The Seller may provide the Buyer with free access to information and its correction, provided that this does not require excessive effort and expense. The Seller's aim is to protect Personal Data from accidental or intentional destruction and to ensure the continuation of services. Therefore, after the Buyer's request to the Seller to delete information, the Seller may not immediately delete the saved copies from the active server to meet technical requirements and maintain the operation of the systems and may not remove information from the backup system.

 

7.5. Buyer's Obligations

7.5.1. The Buyer declares and undertakes that his/her personal data is error-free, accurate, correct and up-to-date.

7.5.2. The Buyer accepts that the Seller will not be responsible if a third party requests the use of any right set forth in Article 7.3 using the Buyer's contact information and tools, such as the Buyer's telephone number .

7.5.3. The Buyer accepts that the Seller processes personal and special personal data through the Websites and within the scope of the cookie policies on the relevant Website and that the details regarding this Processing are also included in the cookie policy. Please visit the Website to obtain more detailed information about the Personal Data processed by the Seller through the Websites and application. https://www.thetinygreen.com/   

 

7.6.       Seller's Obligations

7.6.1. Seller, Buyer's Personal Data;

· Processed in accordance with the Law No. 6698 on the Protection of Personal Data, relevant laws and the principle of honesty,

· Processed for specific, clear and lawful purposes.

· The processing is relevant, adequate and appropriate for its purpose.

· It will take all reasonable measures to ensure that the data collected will not be stored for a period longer than the period specified by law or that it is necessary for the purposes for which it is collected.

 

7.6.2. If requested by the Buyer and unless otherwise required by law or customary practice, excluding the legal period for the storage of Personal Data, the Seller shall delete, destroy, change, correct and inform the Buyer's Personal Data and instruct its agents and subcontractors to delete, destroy, change and correct the Personal Data.

 

7.6.3. The Seller shall provide the Buyer with information regarding the scope, management and purpose of Processing of Personal Data and the identity of any third party, whether located in Turkey or not, to whom the Personal Data is transferred.

 

ARTICLE 8 - CONFIDENTIALITY

The Seller undertakes to make the necessary efforts to protect the confidentiality of the data in order to provide better service to the Buyer, to consider this as a confidentiality obligation, to take the necessary measures and show due diligence to ensure and maintain confidentiality, to prevent all or any part of the confidential information from entering the public domain or from unauthorized use or disclosure to a third party.

The Buyer declares that he/she has read and is informed about the cookie policy regarding the protection of privacy and the use of cookies on the Website and that he/she accepts it.

the Seller's servers in any way . Payment transactions are made between the bank and the Buyer with 128-bit SSL encryption and are protected with the highest level of security. It is not possible for the Seller or anyone else to see the information.

 

ARTICLE 9 - OTHER PROVISIONS

9.1. If the Product cannot be delivered within a maximum period of 30 days due to extraordinary circumstances other than normal performance conditions, the Seller shall inform the Buyer accordingly.

 

9.2. The Seller accepts, declares and undertakes that if the performance of the Product becomes impossible and it cannot fulfill its obligations under this Agreement, it will notify the Buyer in writing within 3 days from the date it learns of this situation, and if the Buyer requests, it will refund the total Product price to the Buyer within 14 days.

 

9.3. The Buyer may notify the Seller of his/her requests and complaints regarding the Product and sales , verbally or in writing, using any of the communication channels specified in this Agreement .

 

9.4. The Buyer accepts, declares and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the Product. Otherwise, the Buyer will be fully and exclusively responsible for all legal and criminal liabilities that may arise.

 

9.5. In resolving any dispute that may arise from this Agreement and/or its implementation, the Seller's records (including records in magnetic media such as computer-voice recordings) shall constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.

 

9.6. In disputes that may arise from this Agreement , Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits. For disputes under 104,000 Turkish Liras for 2024 , the Buyer may apply to the Arbitration Committees and Consumer Courts in his or the Buyer's place of residence (domicile).

 

9.7. The Buyer accepts and declares that he/she has read all the conditions and explanations written in the Preliminary Information Form , which is an integral annex and part of this Agreement, that he/she has prior knowledge of all the matters written in Article 5 of this Agreement, including the basic features, characteristics, sales price, payment method of the Product to be sold, all other preliminary information regarding the Seller and the Service to be sold, the preliminary information form and the right of withdrawal, that he/she has seen all of them electronically on the Website, and that he/she has requested the performance of the Product by confirming-approving-accepting-permitting all of these electronically, and that he/she has approved the provisions of this Agreement.

 

 

Sales Page Text

Order Summary

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Order Summary

Card Number

Expiration date

CVC

Installment Options

Information on Withdrawal

is aware that the Buyer has the right to withdraw from the Contract by returning the Product within 14 ( fourteen ) days from the date of delivery of the Product, without assuming any legal or criminal liability and without giving any reason .

The Buyer shall send the notice of right of withdrawal and other notifications regarding the Contract to the Seller's address stated above in writing or via e-mail.

In order for the Buyer to exercise his right of withdrawal, the Seller must be notified within the specified period in accordance with the provisions of the legislation. If the notification is not made within the specified period and in accordance with the provisions of the legislation, the Buyer knows that he cannot exercise his right of withdrawal without giving a reason.

In case of exercising the right of withdrawal, the Buyer shall return the Product to the Seller within 14 ( fourteen ) days, complete and undamaged, as it was sent. Return costs belong to the Buyer. The price paid by the Buyer shall be refunded to the Buyer in accordance with the payment method within 14 ( fourteen ) days following the delivery of the Product to the specified carrier .

Distance Sales Contract

ARTICLE 1 – PARTY

This Distance Sales Agreement (“Agreement”) has been concluded by electronic approval between the Buyer and the Seller within the framework of the terms and conditions set forth below. The Buyer and the Seller will be referred to individually as a “Party” and collectively as the “Parties” within the scope of the Agreement.

Preliminary Information

TOPIC 1

this Preliminary Information Form is the tiny information form prepared by Çapa Online Cosmetics and Medical Products Trade Joint Stock Company (“Çapa Online”) (“Seller”) with the mersis number 0229086462400001. green website, the contract and the Product specified below are sold to the Customers...

 I have read and accept the Distance Selling Agreement and Preliminary Information Form . I have read and accept the Information on Withdrawal text.

 the order form and the Information Statement on the Processing of Personal Data .