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Distance Service Sales Agreement
This text is published in Turkish and English. Both versions have the same content and are equally valid; if they ever differ, the version more favorable to you applies.
DISTANCE SERVICE SALES AGREEMENT
This Distance Service Sales Agreement (the “Agreement”) has been concluded electronically between Lornova L.L.C., whose details are set out below (hereinafter referred to as the “Seller” or the “Service Provider”), on the one hand, and the natural person who purchases services through the Seller’s website or other electronic sales channels (hereinafter referred to as the “Consumer”), on the other hand.
This Agreement has been prepared within the scope of Law No. 06/L-034 on Consumer Protection of the Republic of Kosovo, the applicable legislation on electronic transactions and other relevant legal regulations. Kosovo’s consumer law expressly regulates service contracts concluded at a distance and the information that must be provided to the consumer before the contract is concluded.
ARTICLE 1 PARTIES
1.1. Seller/Service Provider information
Trade name: Lornova L.L.C.
Company type: Limited Liability Company
Unique identification number: 812441690
Registered address: Ukshin Hoti, No: 51, Prishtinë, Republic of Kosovo
Website: https://istanbulalgoritma.com/
Email: info@istanbulalgoritma.com
Phone: +90 212 993 01 11
1.2. Consumer information
Full name:
Address:
Phone:
Email:
The Consumer’s information consists of the information declared electronically during the order or enrollment process.
ARTICLE 2 DEFINITIONS
2.1. Seller/Service Provider
Means Lornova L.L.C., which provides educational and consultancy services through the website, an online payment system, phone, email, social media, messaging applications or other means of distance communication.
2.2. Consumer
Means the natural person who purchases the services offered by the Seller for personal purposes outside their commercial, professional or business activity.
2.3. Student/Course Participant
Means the person who will actually benefit from the educational service under the Agreement. The Consumer and the Student may be the same person, or they may be different persons where the service is purchased on behalf of a child by a parent or legal representative.
2.4. Website
Means the website with the domain name https://istanbulalgoritma.com/, which belongs to the Seller.
2.5. Service
Means the services purchased by the Consumer, namely online or in-person training, courses, trial lessons, consultancy, access to the educational platform, digital educational materials or other services whose characteristics are specified on the order screen.
2.6. Durable medium
Means an email, PDF file, user account or similar tool that enables the Consumer to store information sent to them for an appropriate period and to access that information again in unchanged form.
ARTICLE 3 SUBJECT MATTER OF THE AGREEMENT
The subject matter of this Agreement is the sale and provision of the educational and/or consultancy service that the Consumer orders electronically through the Seller’s website or other distance communication channels, and the determination of the rights and obligations of the parties in this regard.
The name, content, duration, number of lessons, mode of instruction, start date, total price, payment plan and other main characteristics of the service are as shown on the order screen, on the payment page, in the enrollment form, in the offer document or in the information sent to the Consumer electronically.
ARTICLE 4 PRE-CONTRACTUAL INFORMATION
The Consumer acknowledges that, before approving the Agreement electronically, they have been informed of the following matters:
The Seller’s trade name and contact details,
The main characteristics of the service,
The total price of the service,
Taxes and any additional charges,
The payment method and payment plan,
The start date and duration of the service,
Whether the lessons are held online or in person,
Technical requirements,
Whether there is a right of withdrawal,
The conditions for exercising the right of withdrawal,
The conditions relating to the start of the service within the withdrawal period,
Complaint and application procedures,
The term of the contract and the conditions for its termination.
Under the Kosovo Law on Consumer Protection, for contracts concluded at a distance, information such as the nature of the service, its total price, the identity of the seller, the payment and performance terms and the right of withdrawal must be provided to the consumer in a clear manner before the contract is concluded.
ARTICLE 5 PRICE OF THE SERVICE AND PAYMENT
5.1. The total price of the service, the currency, taxes, installment information (if any) and the payment plan are specified on the order or payment screen.
5.2. Unless expressly stated otherwise, the total price stated on the order screen includes applicable taxes and mandatory charges.
5.3. Payment may be made by debit or credit card, by bank transfer, through a payment institution or by other payment methods offered by the Seller.
5.4. If the Consumer fails to comply with the payment plan, the Seller may, within the scope of the applicable law and after giving prior notice, temporarily suspend access to the educational platform or to lessons not yet provided.
5.5. Exchange rates, foreign transaction fees, bank commissions or similar third-party charges applied by the bank, card issuer or payment service provider are beyond the Seller’s control.
ARTICLE 6 PROVISION AND PERFORMANCE OF THE SERVICE
6.1. The Seller provides the service on the date specified at the time of ordering or enrollment and within the scope of the content it has undertaken to provide.
6.2. Online educational services are provided through the designated online meeting or educational platforms. In-person training takes place at the training center notified to the Consumer.
6.3. Obligations of the Consumer and/or the Student:
Attending lessons on time,
Providing the necessary internet connection and device,
Not sharing user names and passwords with third parties,
Not disrupting the order of the learning environment,
Respecting the rights of the instructors and other students
The Consumer and/or the Student are bound by these obligations.
6.4. The Seller cannot be held responsible if the Consumer is unable to benefit from the service because the Consumer has provided incorrect or incomplete contact information, has not met the necessary technical conditions, has not used the lesson link or has not attended the scheduled lesson.
6.5. If a lesson cannot be held for technical or operational reasons attributable to the Seller, the lesson is made up or rescheduled, or another suitable solution is offered as agreed between the parties.
ARTICLE 7 RIGHT OF WITHDRAWAL
7.1. General withdrawal period
The Consumer has the right to withdraw from the Agreement within 14 days from the date on which the service contract is concluded electronically, without giving any reason and without incurring any additional cost other than those permitted by law.
7.2. Notice of withdrawal
To exercise the right of withdrawal, the Consumer must send a clear notice of withdrawal to the following email address before the 14-day period expires:
info@istanbulalgoritma.com
It is recommended that the notice of withdrawal include the following information:
The Consumer’s full name,
The Student’s full name,
The training or service purchased,
The contract or order date,
The order or payment number,
Contact details,
A clear statement of the withdrawal request.
7.3. Start of the service within the withdrawal period
If the Consumer expressly requests that the service start before the 14-day withdrawal period expires, the Seller may start the service within that period.
The Consumer’s request may be obtained by means of the following or a similar statement:
“I expressly request that the educational service start before the 14-day withdrawal period expires.”
7.4. Partially provided service
If the service starts within the 14-day withdrawal period at the Consumer’s express request and the Consumer exercises the right of withdrawal before the service has been fully completed, the Consumer pays only the price of the service provided to them up to the date on which the notice of withdrawal reaches the Seller, in proportion to the total scope of the contract.
The Seller refunds to the Consumer the remaining amount for unused services within the period prescribed by the applicable legislation.
Under Kosovo legislation, if a consumer later withdraws from a service that was started within the withdrawal period at their own express request, they may be obliged to pay an amount proportionate to the service provided up to that date.
7.5. Right of withdrawal where the service has been fully performed
The right of withdrawal ends only if the following conditions are met cumulatively:
The service has been started with the Consumer’s prior express consent.
The Consumer has acknowledged in advance that they will lose the right of withdrawal once the service has been fully performed.
The service has been fully performed by the Seller.
In this context, the following or a similar confirmation may be obtained from the Consumer:
“I declare that I am aware and accept that I will lose my right of withdrawal once the service has been fully performed.”
The mere fact that the service has started does not, in itself, mean that the right of withdrawal has ended entirely.
7.6. Digital content
For downloadable videos, software, digital files or similar digital content not supplied on a tangible medium, the right of withdrawal may end, provided that the supply of the content has begun with the Consumer’s express consent and the Consumer has acknowledged in advance that they will lose the right of withdrawal.
With regard to educational services that are live or spread over a specific schedule, this clause may not be interpreted in a way that eliminates the withdrawal provisions applicable to service contracts.
7.7. Refund process
If the right of withdrawal is duly exercised, the Seller refunds the amount remaining after deduction of the proportionate price that may lawfully be charged for services already provided and of any non-refundable third-party costs, within the period prescribed by the applicable legislation and, to the extent possible, using the original payment method.
ARTICLE 8 CANCELLATION AND COURSE CHANGES AFTER THE WITHDRAWAL PERIOD
8.1. Where the Consumer does not wish to continue the course after the 14-day statutory withdrawal period has expired, this is subject to the enrollment, cancellation, freezing and course change conditions separately determined by the parties.
8.2. The Consumer’s unilateral failure to attend the training after the withdrawal period has expired does not mean that the price of the lessons not used will be refunded automatically.
8.3. In the event of a health problem, a change of city or country, or similar extraordinary circumstances, the Consumer may, with supporting documents, request the freezing of the course, its transfer to another group or its assignment to another student. Such requests are assessed by the Seller in light of the program’s availability and the applicable conditions.
8.4. This Article does not limit the Consumer’s rights relating to withdrawal, termination, defective services or compensation, or other statutory rights, arising from mandatory legislation.
ARTICLE 9 LESSON ATTENDANCE AND MAKE-UP LESSONS
9.1. Unless otherwise separately agreed, lessons not attended by the Consumer or the Student may be considered part of the services provided.
9.2. For lessons that cannot be held for reasons attributable to the Seller, a suitable make-up date is set.
9.3. The conditions for make-up lessons, group changes or freezing lessons are determined according to the course program and the availability of the instructor and the groups.
9.4. Provided that the essential nature of the educational program is not diminished, the Seller may make reasonable operational changes to the instructor, lesson times, platform or educational materials. Significant changes are notified to the Consumer in advance.
ARTICLE 10 DECLARATIONS AND OBLIGATIONS OF THE CONSUMER
Declarations of the Consumer:
That they have reviewed the main characteristics of the service purchased,
That they have seen the total price and the payment terms of the service,
That they have been informed about the technical requirements,
That they have read about the right of withdrawal and its exceptions,
That they are able to access the Agreement and the pre-contractual information electronically,
That the information they have shared is accurate and up to date
The Consumer declares the matters listed above.
Where the Consumer acts on behalf of a child, the Consumer declares that they have custody of the child or the authority to act as the child’s legal representative, or that they have obtained the necessary permissions.
ARTICLE 11 INTELLECTUAL PROPERTY RIGHTS
All intellectual and industrial property rights in the educational content, videos, presentations, software, lesson materials, worksheets, images, texts, trademarks and logos belong to the Seller or the relevant right holder.
The Consumer and the Student may use the content only for personal educational purposes. The following acts in relation to the content, if carried out without permission:
Reproduction,
Recording,
Publication,
Sale,
Sharing with other persons,
Use for commercial purposes
are prohibited.
ARTICLE 12 PERSONAL DATA
The personal data of the Consumer and the Student are processed in accordance with the Seller’s privacy notice on the protection and processing of personal data and the applicable personal data protection legislation of the Republic of Kosovo.
Where required, separate approval from the parent or legal representative is obtained for the use of children’s photographs, videos, audio recordings or work for promotional and advertising purposes.
ARTICLE 13 COMPLAINTS AND REQUESTS
The Consumer may submit requests and complaints concerning the service to the Seller through the following communication channels:
Email: info@istanbulalgoritma.com
Phone: +90 212 993 01 11
Address: Ukshin Hoti, No: 51, Prishtinë, Republic of Kosovo
The Seller examines the Consumer’s request within a reasonable time and informs the Consumer.
ARTICLE 14 GOVERNING LAW AND DISPUTE RESOLUTION
14.1. This Agreement is governed by the laws of the Republic of Kosovo.
14.2. The parties act in good faith to resolve disputes primarily through mutual negotiation and written application.
14.3. If the dispute cannot be resolved, the Consumer may apply to the competent administrative authorities responsible for consumer protection in the Republic of Kosovo, to supervisory bodies, to alternative dispute resolution mechanisms and to the competent courts.
14.4. If the Consumer resides in another country, in particular in Türkiye, the Consumer’s rights arising from the mandatory consumer protection provisions of the country of residence that cannot be excluded by contract remain unaffected.
For this reason, the provision in the previous text stating that “the Consumer Arbitration Committees and Consumer Courts of Türkiye have exclusive jurisdiction” has not been used as such. Since Lornova L.L.C. is established in Kosovo, the main provisions on governing law and dispute resolution have been drafted in accordance with Kosovo law; the non-waivable rights of consumers in Türkiye have been separately protected.
ARTICLE 15 ELECTRONIC APPROVAL AND EVIDENCE
15.1. The following acts by the Consumer:
Ticking the “I have read and accept” box,
Completing the payment transaction,
Giving electronic approval,
Communicating express acceptance by email or through a messaging application
These acts constitute a declaration of acceptance for the conclusion of the Agreement electronically.
15.2. Order records, payment records, system logs, email and messaging correspondence and electronic approval records may be used as evidence within the framework of the applicable law.
In Kosovo, electronic documents and electronic transactions are regulated under the legislation on information society services and electronic trust services.
ARTICLE 16 STORAGE OF THE AGREEMENT
This Agreement may be sent to the Consumer on a durable medium that the Consumer can access later, or made available in the Consumer’s user account.
The Consumer may save a copy of the Agreement to their device or print it.
ARTICLE 17 SEVERABILITY
If any provision of the Agreement is found to be invalid or unenforceable by a competent authority or court, this does not affect the validity of the other provisions.
The invalid provision is deemed to have been replaced by the valid provision that comes closest to the intention of the parties and the applicable legislation.
ARTICLE 18 ENTRY INTO FORCE
This Agreement enters into force on the date on which the Consumer gives electronic approval or completes the order.
The Consumer declares that they have read and understood the Agreement and the pre-contractual information provided to them, and that they have accepted them electronically.
This text has been published by Lornova L.L.C. For any questions, you can refer to the contact page.