Distance Contract

1. Parties

 

Seller: the company conducting the activities of the website www.tinyminy.com, (herein after referred to as Tiny Miny)

 

Title :

Ardeatek Elektronik ve Bilgi Teknolojileri Industry Trade Company Limited

Address :

19 Mayıs Mah. Turaboğlu Sok. Hamdiye Yazgan İş Merkezi No:4 Kat:2 Kozyatağı / İstanbul

Telephone :

+90 850 2071033

Fax :

+90 216 3868011

Central Registration
System (MERSİS) No:

0073042685600012

 

 

Buyer: internet user with membership to the website www.tinyminy.com ("Member")

 

Name and Surname:

 

Address :

 

Telephone :

 

 

 

2. Distance Sales Contract

The subject of this contract is to hereby determine the rights and responsibilities of the parties within the scope of the provisions of the Act No. 6502 on the Protection of the Consumers and the Regulation on Distance Sales Contracts regarding the lease and delivery of the product qualities and sales price of which are specified on www.tinyminy.com and which the BUYER ordered at the electronic environment via the website www.tinyminy.com pertaining to the SELLER. Buyer hereby accepts and declares in compliance with the provisions of this contract that he was properly informed in a clear and comprehensible manner via internet environment by the seller on the name, title, full address, phone number and other contact information of the seller; all preliminary information related to the product in question including basic properties, sales price including taxes, payment type, terms of delivery and costs, and the right to “withdrawal” and how to exercise this right, and official authorities etc. to address complaints and objections; and that he has confirmed these preliminary information in the electronic environment and then proceeded to order the product. The preliminary information form, product delivery form and the invoice issued upon the order of the buyer on the website www.tinyminy.com are integrated parts of hereby this contract.

3. Product/Payment/Delivery Information

 

Type of service, tax included sales price and the deposit value are as follows and as such specified in the invoice which is deemed an indivisible part of this contract.

 

Product Name (brand / model):

 

Rental Term:

 

Rental Price (Tax Included):

 

Deposit Value:

 

Pick Up Location

 

Return Location:

 

 

Type, amount, brand/model, sales price, payment type (Credit Card/Money Order (EFT)), ship-to party, delivery address, phone number, invoice information, invoiced person/institution, invoice address, tax office, tax registration number and delivery costs of the purchased (leased) product/s in the electronic environment are as such specified in the terms of lease on the www.tinyminy.com website. Invoiced party must be the same as the contracting party. Information filled in the form must be accurate and complete. Buyer undertakes all damages and liabilities stemming from any missing or incorrect information.

SELLER, if he deems necessary, holds the right to withdraw the order in case the information provided by the BUYER does not represent the truth. If the SELLER cannot reach the BUYER through the phone number, e-mail address or mailing address provided by the BUYER, he shall freeze the order processing by 15 (fifteen) days. The BUYER is then required to communicate with the SELLER within this time period. If the SELLER does not hear from the BUYER within this period, he shall cancel the order so as to protect both sides from harm. The information regarding the buyer and the product that have to be present in accordance with the contract shall be valid as provided by the buyer on the form which he filled during online purchasing process.

In the case that the BUYER chooses to pay by credit card by instalments, the instalment type chosen on the site by the BUYER shall be valid. The provisions of the contract signed between the BUYER and the issuer bank shall apply for the installment. The deadline for payment of the credit card debt is identified as per the provisions of the aforementioned contract between BUYER and the bank. Additionally, BUYER can track the number of instalments and payments in the account abstract to be sent by the bank.

BUYER acknowledges, declares and undertakes that the provisions regarding the interests and the fault interests shall apply within the scope of the credit card contract between BUYER and the bank as per the provisions of the related legislation in force.

Instalment selling is done only by the bank credit cards.Therefore, BUYER acknowledges, declares and undertakes that BUYER shall contact the bank so as to confirm the related interest rates and information about the fault interests and that the provisions regarding the interests and the fault interests shall apply within the scope of the credit card contract between BUYER and the bank as per the provisions of the related legislation in force. The provisions of the contract signed between the BUYER and the issuer bank shall apply for the installment. The deadline for payment of the credit card debt is identified as per the provisions of the aforementioned contract between BUYER and the bank. Additionally, BUYER can track the number of instalments and payments in the account abstract to be sent by the bank.

In the case that BUYER defaults on payments by credit card, the card holder shall be liable to pay the related amount of interest which identified in the credit card contract between the bank and BUYER. In such cases the related bank shall take legal actions and request BUYER to pay the related costs and counsel’s fee and BUYER undertakes all damages and liabilities stemming from default on payment or late discharge of the debt.

 

4. Payment/Reservation/Cancellation/Return Information

 

Payment:

The lease cost is calculated by multiplying daily lease cost and the number of days under lease and the total cost is withdrawn from the buyer’s credit card. Moreover, a safety deposit calculated over the retail price that shall vary according to the brand/model and type shall also be withdrawn from the credit card that buyer indicated as a preliminary provision. The amount shall be refunded to buyer’s credit card once the buyer fulfills the terms of return.

Reservation Cancellation:

In case of a product, product group or a branch change demand, the original reservation has to be cancelled and the following terms of cancellation are applied. Upon the cancellation, new reservation in accordance with the demanded adjustments shall be processed.

 

Extending the Lease: 

In case of a demand to extend the lease through the reservation period after the start of the lease, the price is recalculated by the system and the resulting extra payment shall be withdrawn from the credit card provided by the client at the beginning of the lease.
 

5. Contract Date and Force Majeure

Contract date is the date of order placement by the buyer. Any condition that did not exist or could not be predicted at the time of the conclusion of the contract which is beyond the control of the parties and which prevents one or both parties from partially or completely fulfilling their liabilities and obligations under the contract or from fulfilling them in time shall be deemed as force majeure (Acts of God, war, terrorist activities, rebellion, changes in legislation provisions, confiscation or strike, lockout, significant malfunctions in the production or communication facilities). The party declaring a force majeure shall notify the other party immediately in written notice.

During force majeure, the parties shall not be subject to any liabilities due to non-performance of their obligations. If the force majeure persists through 30 (thirty) days, each party shall have the right for a unilateral termination.

6. Rights and Responsibilities of Seller – Distance Sales Contract

 

SELLER is responsible for ensuring that the product delivered to BUYER is in good condition, complete, and complies with the features as specified in the order.

 

Seller accepts and undertakes to, in exception of force majeure situations, thoroughly fulfill his performances stemming from the contract in compliance with the provisions of the Act No. 6502 on the Protection of the Consumers and the Regulation on Distance Sales Contracts.

 

Minors below the age of 18 (eighteen) cannot shop at www.tinyminy.com. Seller shall assume the accuracy of the age specified by the buyer on the contract. However, seller shall not be subject to any liabilities if the buyer misenters his age.

 

Tiny Miny shall not be held responsible for pricing mistakes caused by system failures. Within this context, the seller shall not be responsible for his online system, website design or any advertisement and/or pricing errors caused by illegal interventions to his website. The buyer cannot claim rights from the seller based on system errors.

 

www.tinyminy.com accepts credit card (Visa, MasterCard, etc. ), and money order/EFT as payment. In cases when the payment is not concluded in accordance with the terms of reservation as of the date of order, the order shall be cancelled. The order is processed not when the order is placed, but when the necessary amount is withdrawn from the credit card account or when the money order (EFT) reaches the bank accounts. Payment methods such as cash on delivery and postal cheques performed without discussing with the customer services shall not be accepted.

 

7. Rights and Responsibilities of Buyer – Distance Sales Contract

 

BUYER accepts and undertakes on electronic environment to have read the preliminary information about the product’s basic features, sale price and paymeth methods on www.tinyminy.com.

 

Buyer accepts and undertakes to, in exception of force majeure situations, thoroughly fulfill his performances stemming from the contract.

 

Buyer accepts and undertakes that he shall be deemed to have agreed to all provisions of this contract by placing an order and that he shall perform the payment in accordance with the payment method specified in the contract. 

 

Buyer hereby accepts and declares that he was properly informed in a clear and comprehensible manner via www.tinyminy.com website on the name, title, full address, phone number and other contact information of the seller; all preliminary information related to the product in question including basic properties, sales price including taxes, payment type, terms of delivery and costs, and the right to “withdrawal” and how to exercise this right, and official authorities etc. to address complaints and objections; and that he has confirmed these preliminary information in the electronic environment.

 

In relation to the previous clause, Buyer declares that he has read and learned the www.tinyminy.com order/payment/usage procedures information that contains terms of product order and payment, product instructions, precautions against possible circumstances and warnings, and he gave the necessary confirmation in the electronic environment.

 

BUYER shall do the necessary checks before accepting the purchased product and not accept the damaged, broken or faulty products. Upon acceptance of the product by BUYER, it shall be deemed complete and in good condition. It is BUYER’s responsibility to protect the product after delivery.

 

Buyer accepts and undertakes that if he is to return the purchased product, he shall not under any circumstances damage the product and shall provide the original copy of the invoice and the delivery note at the time of the return.

 

Buyer shall deliver and return the product complete with its accessories and equipment to the city from where it was leased or to another Tiny Miny station specified in the contract on the designated day. He shall contact the lessor for all kinds of extensions and shall receive his confirmation. It is agreed upon by the parties that in cases of unauthorised extensions, lessee shall illegally posses the product.

 

Buyer accepts that he has received the product in question mechanically and entirely durable and in good condition, and that there are not any damages or problems to the product (With the exception of those specified in the lease contract and product delivery form). Buyer accepts and undertakes to cover all mechanical damages, costs and penalties including demands of miscellaneous the 3rd Parties caused by misuse and/or negligence to the product he received undamaged and in good condition (For example damages to moving parts of a stroller, broken stands, broken handles etc.) If the product delivered to the Lessee is returned damaged in any way, the previously determined amount withdrawn as a deposit and blocked from the lessee’s credit card shall not be refunded. 

 

Buyer shall be obliged to take all necessary precautions to prevent possible thefts and to provide the safety of the product when it is not in use by the buyer. If the product is stolen or lifted while under lease with the buyer, the blocked deposit amount withdrawn during purchase is not refunded to the lessee’s credit card.

 

Seller/Lessor shall under no circumstances be held responsible for the loss of any living beings or goods carried or left in or on the product by the buyer/lessee.

 

8. Ordering/Payment Procedure

 

Ordering: Distance Sales Contract

After the buyer confirms the total purchase price (including VAT) of the product(s) added to the shopping cart, the transaction will be processed via the Point of Sales (POS) terminal of the relevant bank.  Furthermore, a security deposit, determined according to the retail sales price of the product and varied according to the brand/model and type of the product will be charged to credit card specified by the buyer as a pre-authorization. For this reason, order confirmation e-mail will be sent to the customer before the shipment.  Shipment will not be done without an e-mail confirming the order.

The seller shall give information to the buyer via phone, fax and/or e-mail as it is specified in the contract, in case of a delay in the process or credit card problems. When necessary, the Seller may request from the Buyer to contact with his/her bank. The orders will be processed when the seller receives the payment via credit-card or wire transfer (or EFT) or payment in person.

If, the seller, exceptionally and for justifiable reasons, finds out that relevant product cannot be procured and/or faces stock problems; the seller shall inform the buyer and provide a clear explanation. Upon buyer's request and confirmation, another product with the same quality and same price or a new product can be sent or the shipment can be delayed till the problem is solved and product is procured and/or order can be canceled. 

If the seller finds it impossible to fulfil the obligation of delivering the product under the scope of the contract, the buyer shall be informed; the total amount shall be refunded, all types of documents indicating the buyer's debt shall be returned and the contract shall be terminated. In such case, the buyer shall not claim any additional compensation, including claims for material and/or moral damages.

 

Payment: Distance Sales Contract

www.tinyminy.com offers the payment methods of cash, money order/EFT for buyers, who do not want to use their credit cards online.  If the buyer opts for a wire transfer, he or she can choose the relevant bank to send the money order. If the buyer opts for the EFT payment method, the date of receiving the fund will be taken into account. If the buyer makes the payment via wire transfer and/or EFT, "the Sender Information" should be same with the "Invoice Details" and order number should also be written.

the Buyer shall be liable for the relevant expenses.If the payment is done with a credit card, the Buyer shall accept, declare and undertake that he or she will confirm the details about the relevant interest rates and default interest with his or her bank and the relevant provisions shall be applied in line with the "Credit Card Contract" signed between the Bank and the Buyer.

 

9. Delivery Procedure

 

The product(s) shall be delivered at the Tiny Miny stations located at the airports that have contracts with the Seller by the airport personnel and/or contracted courier company on the day/hour and place indicated in the contract.

 

Delays with regards to the indicated delivery days may occur in cases like inaccurate/missing delivery details, natural disasters and some social incidents. The seller shall not bear any responsibility for such delays. If the product will be delivered to a person/organization other than the Buyer, the Seller shall not be liable for any additional expenses that may occur if such person/organization do not accept the delivery and/or due to the inaccurate delivery details and unavailability of the Buyer. If the client does not receive the product/s on the days specified in the contract, the client must notify the customer services immediately by using the following e-mail address: destek.com.

 

10. The Procedure for Exercising the Right of Withdrawal and Return Policy

 

Return Policy: Distance Sales Contract

Pursuant to the Article 7 of the Regulation on Distance Sales Contracts, The Buyer is entitled to use the right to withdrawal from the contract within 14 days after concluding the "Equipment Lease Agreement" with the Leaser by denying the product or service without any legal or penal liability and without any justification.  For any use of right of withdrawal, it is required to send a notice to the SELLER. Pursuant to the (a) paragraph of 4th clause of the Article 7 of the Regulation, the consumer cannot use the right to withdrawal for the contracts, in which the seller starts delivering the service upon the confirmation of the consumer before the 14 day withdrawal period ends. With another wording, the BUYER shall enjoy the right of withdrawal on condition that the provided service is not used. In order to return the products within this period, it is required that the the product should not be used. Otherwise the request of withdrawal shall be rejected.  If it is found that product is used or damaged and cannot be returned to the seller in a way as it is delivered to the buyer, the seller shall not accept the return and shall not refund the price. The total cost of the product shall be refunded to BUYER in 14 days after the delivery of withdrawal request to SELLER.

It is necessary that BUYER submits withdrawal request to SELLER. BUYER shall use this right within the aforementioned period of time by sending a written request of withdrawal to the mailing address of SELLER or via e – mail or fax.

For credit card refunds, the period from the return of the amount to the credit card and its reflection in the card account by the bank is subject to the relevant bank's procedures.

 

11. Warranty-Distance Sales Contract

Puschairs used in line with the user manual and properly cleaned are warranted against all types of manufacturing defects. The seller's warranty only covers the clients within the scope of Law no. 6502. For commercial transactions, provisions of the Turkish Commercial Code shall apply.

12. Settlement of Disputes and Competent Jurisdiction

The Consumer Arbitration Committees and the Consumer Courts located at the place of the Buyer’s domicile or Seller's domicile shall settle any dispute between the parties related to the Contract up to the value as declared by the Ministry of Customs and Trade (TR). In the case that there is no Customer Court available in the related area, the Courts of First Instance shall perform as Comptent Jurisdiction.

13. Notifications and Evidential Contract

 

All correspondence about this agreement shall be done by e – mail with the exception of the force majeure as specified by laws.

BUYER accepts, declares and undertakes that SELLER’s bookkeeping entries, commercial records and any type of electrononic data saved in BUYER’s own database or servers or the information saved in BUYER’s computer shall be deemed binding, clear and exclusive proofs in any case of conflict between the parties As per Article 193 of Civil Courts Law, this article shall apply as an Evidential Contract.

14. Enforcement

Upon completion of the payment of the products ordered on the webpage, BUYER shall be considered admitting the provisions of this contract hereby. SELLER is responsible for doing necessary software arrangements so as to ensure that it is not possible to order a product without reading this agreement on the web page.

 

SELLER:

Title :

Ardeatek Elektronik ve Bilgi Teknolojileri Industry Trade Company Limited

Address :

19 Mayıs Mah. Turaboğlu Sok. Hamdiye Yazgan İş Merkezi No:4 Kat:2 Kozyatağı / İstanbul

Telephone :

+90 850 2071033

Fax :

+90 216 3868011

Central Registration
System (MERSİS) No:

0073042685600012

BUYER:

 

Name and Surname:

 

Address :

 

Telephone :