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Distance Sales Agreement

1. Parties

1.1 Seller

  • Registered Company Name: STARTUP CREATIVE TEKNOLOJİ VE DANIŞMANLIK LİMİTED ŞİRKETİ
  • Trading as: My Tiny Garden
  • Registered Address: Eğitim Mah. Poyraz Sok. No:1/68, Kadıköy, İstanbul, Türkiye
  • E-mail: info@mytinygarden.com
  • Website: www.mytinygarden.com

1.2 Buyer

This Agreement covers the natural or legal person (hereinafter referred to as the "Buyer") who places an order through the website and provides their identity and contact details in the order form. The Buyer represents, warrants and undertakes that all information provided during the order process is accurate and up to date.

The Seller and the Buyer are hereinafter referred to collectively as the "Parties" and individually as a "Party".

2. Subject Matter and Legal Basis of the Agreement

This Distance Sales Agreement governs the rights and obligations of the Parties in connection with the Buyer's online purchase made through the My Tiny Garden website. It is prepared in accordance with applicable consumer protection legislation and international e-commerce standards, including, where relevant, the EU Consumer Rights Directive (2011/83/EU) and applicable data protection law (including the General Data Protection Regulation, EU 2016/679 – "GDPR").

The subject matter of this Agreement is the sale and delivery of the products ordered electronically by the Buyer, as described and priced on the website at the time of order.

3. Essential Characteristics and Price of the Products

3.1 Essential Characteristics

The products offered for sale consist of plant and vegetable growing kits and garden products. The essential characteristics of each product — including contents, dimensions, materials and instructions for use — are described in detail on the relevant product page of the website. The Buyer acknowledges that they have reviewed the product descriptions before confirming their order.

3.2 Price and Taxes

The selling prices of the products are those displayed to the Buyer on the website and/or in the shopping cart at the time of ordering. All prices shown are inclusive of applicable taxes (including VAT/sales tax where applicable). Prices may change until the order is confirmed; once the order is confirmed, the price is fixed.

3.3 Total Amount

The total amount payable — comprising the product price, shipping costs (if applicable) and any other applicable charges — is clearly displayed on the order summary page and in the order confirmation email sent to the Buyer.

4. Payment Method and Security

Payments are processed through a secure, integrated payment infrastructure on the website. The payment methods accepted are displayed to the Buyer during the order process.

Where payment is made by credit or debit card, card details are not stored by the Seller; the transaction is completed securely through an authorised payment service provider. The Buyer is solely responsible for the accuracy of their payment details and for ensuring that the payment instrument used belongs to them or that they are authorised to use it.

A payment obligation arises upon completion of the order. By confirming the order, the Buyer acknowledges and accepts this payment obligation.

5. Delivery Method, Costs and Timeframe

5.1 Delivery Method

Products are dispatched from Türkiye via contracted courier or logistics service providers to the delivery address specified by the Buyer at the time of ordering. My Tiny Garden provides both domestic and international delivery services.

5.2 Shipping Costs

Shipping costs and the threshold for free shipping are clearly displayed to the Buyer during the order process (in the shopping cart and at the checkout). Free shipping may be available on orders meeting the applicable threshold; the current conditions are determined by the information shown in the cart at the time of ordering.

5.3 Delivery Timeframe

Products will be delivered within a maximum of 30 (thirty) days from the date on which the order is confirmed and payment is received. Estimated delivery times for domestic and international shipments are communicated to the Buyer via the order confirmation email or the shipment tracking notification.

5.4 Failed Delivery

If the Buyer is absent from the delivery address or there is no person available to accept delivery, the procedures of the relevant courier company shall apply. Any additional shipping costs arising from such circumstances shall be borne by the Buyer. The Seller shall not be held responsible for non-delivery resulting from an incorrect or incomplete address provided by the Buyer.

5.5 Gift Wrapping and Message Card

Free gift wrapping and a personalised message card are available on all orders. The Buyer may select this option during the order process and specify the message content.

6. Right of Withdrawal

6.1 Withdrawal Period

The Buyer has the right to withdraw from this Agreement within 14 (fourteen) days from the date on which the Buyer, or a third party designated by the Buyer, takes physical possession of the product, without giving any reason and without incurring any penalty. This right of withdrawal is in accordance with applicable consumer rights legislation, including, where relevant, the EU Consumer Rights Directive (2011/83/EU).

6.2 Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the Buyer must notify the Seller before the expiry of the 14-day period using one of the following methods:

  • By e-mail: by sending a clear statement of withdrawal to info@mytinygarden.com
  • By post: by sending a written notice to Eğitim Mah. Poyraz Sok. No:1/68, Kadıköy, İstanbul, Türkiye.

The right of withdrawal is deemed exercised as of the date on which the withdrawal notice is sent, not the date on which it is received by the Seller.

6.3 Conditions for Return

For the right of withdrawal to be validly exercised, the returned product must:

  • Be unopened and unused;
  • Be returned in its original packaging, complete with all accessories and any documentation supplied;
  • Be dispatched in accordance with the return procedure communicated by the Seller.

6.4 Reimbursement

Upon receipt of the withdrawal notice or confirmation that the returned product has been delivered to the Seller — whichever is earlier — the Seller shall reimburse all payments received from the Buyer (including the cost of the product and, where applicable, standard delivery charges) no later than 14 (fourteen) days. Reimbursement shall be made using the same payment method used by the Buyer, unless the Buyer has expressly requested a different method and the Seller has agreed to it.

6.5 Return Shipping Costs

Where the right of withdrawal is exercised, the cost of returning the product shall be borne by the Buyer, unless the Seller has expressly provided otherwise. Any different arrangement regarding return shipping costs will be communicated to the Buyer at the time of ordering or upon receipt of the withdrawal notice.

7. Exceptions to the Right of Withdrawal

In accordance with applicable consumer rights legislation (including Article 16 of EU Consumer Rights Directive 2011/83/EU), the right of withdrawal does not apply to the following categories of contracts:

  1. Contracts for goods whose price is linked to fluctuations in financial markets that cannot be controlled by the Seller;
  2. Contracts for goods made to the Buyer's specifications or clearly personalised;
  3. Contracts for goods that are liable to deteriorate or expire rapidly (which may include, for example, fresh seeds or live plants);
  4. Contracts for sealed goods that are not suitable for return due to health or hygiene reasons and whose protective packaging has been opened after delivery;
  5. Contracts for goods that, after delivery, have become inseparably mixed with other goods by their nature;
  6. Contracts for the supply of sealed audio, video recordings or sealed software where the seal has been broken after delivery.

The Buyer is responsible for verifying, before placing an order, whether the product in question falls within any of the exceptions listed above, as described in the relevant product information on the website.

8. Rights and Obligations of the Parties

8.1 Obligations of the Seller

  • To process the Buyer's order at the confirmed price and on the confirmed terms;
  • To prepare the product in a complete, defect-free condition and in conformity with the order specifications, and to dispatch it within the agreed timeframe;
  • To send the order confirmation and shipment tracking information to the Buyer by e-mail;
  • To complete withdrawal and return procedures within the applicable legal timeframes;
  • To process and protect the Buyer's personal data in accordance with applicable data protection law, including the GDPR where applicable.

8.2 Obligations of the Buyer

  • To provide accurate and complete information in the order form;
  • To ensure that the delivery address is accessible and up to date;
  • To make payment in a timely manner;
  • To exercise the right of withdrawal within the legal period and in accordance with the prescribed procedure;
  • To return products in the required condition, complete and undamaged;
  • To use accurate contact details in all communications under this Agreement.

8.3 Defective or Non-Conforming Products

If the product delivered to the Buyer is defective or does not conform to the description provided at the time of sale, the Buyer is entitled, in accordance with applicable consumer rights legislation, to choose one of the following remedies:

  1. Rescission of the contract and full refund of the price paid;
  2. Replacement of the product with a conforming equivalent;
  3. A proportionate reduction in price;
  4. Free repair of the product.

The Seller is obliged to fulfil the Buyer's chosen remedy within the timeframes prescribed by applicable law.

9. Default

9.1 Default by the Buyer

If the Buyer fails to meet or delays their payment obligation, the Seller reserves the right to cancel the order and/or claim statutory interest. Where the Buyer defaults on a credit or debit card transaction, the terms of the agreement between the Buyer and the card-issuing bank shall apply.

9.2 Default by the Seller

If the Seller is unable to deliver the product within the agreed maximum period of 30 days, the Buyer may grant the Seller an additional period or cancel the order and request a full refund of the amount paid. The Seller is obliged to process the refund no later than 14 days from receipt of the cancellation request.

9.3 Force Majeure

Neither Party shall be held liable for failure to fulfil its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, epidemics, acts of war, strikes, or decisions of public authorities. The affected Party shall notify the other Party within a reasonable time upon becoming aware of the force majeure event.

10. Personal Data Protection

Personal data shared by the Buyer with the Seller during the ordering and contractual process is processed for the purposes of fulfilling the order, providing customer service, complying with legal obligations, and any other purposes based on the Buyer's explicit consent — in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR, EU 2016/679) where applicable.

Full details regarding the processing, storage and transfer of personal data, as well as the Buyer's rights (including rights of access, rectification, erasure and portability), are set out in the Privacy Policy published on the website.

11. Dispute Resolution

This Agreement is governed by applicable law, taking into account the Buyer's country of residence and applicable mandatory consumer protection rules. Where the Buyer is a consumer based in the European Union, mandatory provisions of EU consumer law shall apply.

In the event of a dispute arising from this Agreement, the following avenues are available to Buyer-consumers:

  • Alternative Dispute Resolution (ADR) / Consumer Arbitration: Buyers may refer disputes to an authorised consumer arbitration body or alternative dispute resolution entity in their country of residence. EU-based consumers may also use the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr.
  • Consumer Courts: Buyers may bring a claim before the competent consumer court in their place of residence or at the Seller's registered place of business.
  • Out-of-Court Settlement: The Parties will endeavour to resolve any dispute through good-faith negotiation in the first instance. To contact the Seller: info@mytinygarden.com

12. Entry into Force

This Distance Sales Agreement becomes binding on both Parties upon the Buyer's confirmation of the order and completion of the payment step on the website. The transmission of an order confirmation email to the Buyer constitutes acknowledgement that the Agreement has been concluded.

By completing the order process, the Buyer declares that they have read, understood and accepted this Agreement, the Privacy Policy and all other applicable terms published on the website.

The Seller reserves the right to update this Agreement at any time, subject to prior notice to the Buyer. The current version of the Agreement is always accessible on the website.

Last Updated: 2026

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