Distance Sales Contracts

 1. DEFINITIONS

Seller: Refers to the natural or legal person offering goods to the consumer for commercial or professional purposes, including public legal entities, or acting on behalf or account of the person offering the goods.

Buyer: Refers to the natural or legal person acting for non-commercial or non-professional purposes.

Product: Refers to movable goods subject to shopping, immovable properties intended for housing or holiday purposes, and all kinds of intangible goods prepared for use in electronic environments such as software, sound, images, etc.

Service: Refers to any consumer transaction other than providing goods, performed or committed to be performed for a fee or benefit.

Distance Contract: Refers to contracts established between the seller and the consumer within a system created for the remote marketing of goods or services, without the simultaneous physical presence of the parties, using remote communication tools until the moment the contract is concluded, including the moment it is concluded.

Permanent Data Storage: Refers to any tool or medium that allows the recording and unaltered copying of information sent by the consumer or sent to the consumer, enabling the consumer to examine this information for a reasonable period suitable for the purpose of the information and providing access to this information exactly as it was received. Examples include SMS, email, internet, disk, CD, DVD, memory card, and similar tools or media.

 

2. SUBJECT AND PARTIES OF THE CONTRACT

This contract determines the rights, legal obligations, and responsibilities of the parties concerning the sale and delivery of products ordered by the BUYER through the website www.lewk-design.com (hereinafter referred to as the WEBSITE), operated by the SELLER, as per the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts in the place where the seller is located. In cases where no provisions are stipulated in the contract, the legal provisions will apply.

The Buyer acknowledges and declares that they have been informed about the main characteristics, sales price, payment method, delivery conditions of the products subject to sale, and all preliminary information about the goods or services subject to sale and the right of withdrawal, that they have confirmed this preliminary information in the electronic environment and then ordered the goods or services according to these contract provisions. The preliminary information form and invoice on the payment page of the website are integral parts of this contract.

SELLER INFORMATION:

Title: www.lewk-design.com

Address: Darüşşafaka Mah. Çağdaş Sok. No:5 D:2 Sarıyer İstanbul Turkey

Email Address: info@lewk-design.com

Tax Number / Office: 1010676155 / Sarıyer

 

BUYER INFORMATION:

Full Name / Title:

Address:

Email Address:

Phone Number:

 

PRODUCT AND SERVICES SUBJECT TO THE CONTRACT:

Product Details:

Quantity of Product:

Product Price (Including VAT):

Delivery / Shipping Fee:

Total Amount (Including VAT):

 

3. DELIVERY

For product sales made through the website, the product will be delivered to the address specified by the buyer on the website or to the person/institution directed by the buyer with the invoice, within a maximum of 30 days. If this obligation is not fulfilled, the buyer may terminate the contract. In case of contract termination, the seller will refund all payments received within 14 days from the date of receipt of the termination notice.

If it becomes impossible to deliver the ordered products, the seller will notify the buyer within three days from the date of learning this situation and will refund all payments received, including delivery costs, within a maximum of fourteen days from the date of notification.

The buyer is responsible for checking the product at the time of delivery and not accepting the product in case of any damage caused by shipping and to make the shipping company representative prepare a report. Otherwise, the seller will not accept any responsibility.

 

4. PAYMENT METHOD

Payment Method:

Person / Institution to be Delivered Full Name / Title Information:

Phone Information of the Person / Institution to be Delivered:

Delivery Address:

Billing Address:

 

5. GENERAL PROVISIONS

The buyer accepts that they have read and been informed about the preliminary information regarding the main features, sales price, payment method, and delivery of the products shown on the website, and has given the necessary approval electronically.

The seller is responsible for delivering the products subject to the contract in a complete manner and in accordance with the specifications mentioned in the order.

In case the products subject to the contract do not have the necessary features on the website and constitute non-conformity, the buyer may use one of the options of withdrawing from the contract, requesting a reduction in the sales price according to the defect, or requesting the replacement of the product with a defect-free one. If the buyer chooses to replace the product with a defect-free one, this request will be fulfilled within a maximum of 30 working days from the date the request is made to the seller. In cases where the buyer chooses to withdraw from the contract or request a reduction in the price, the amount paid or the reduced amount will be refunded to the buyer. If the buyer was aware of the defect at the time of the contract or if the defect was expected to be known by the buyer, there will be no non-conformity with the contract.

If the product price is not paid for any reason or is canceled in the bank records, the seller will not be obliged to deliver the products.

 

6. RIGHT OF WITHDRAWAL

The buyer has the right to withdraw from the contract without paying any penalty and without giving any reason within 14 days, in case that the product has not been used and has not been damaged.

The withdrawal period for the right of withdrawal begins on the day the buyer or the third party designated by the buyer receives the product. The buyer may also use the right of withdrawal within the period from the establishment of the contract to the delivery of the product.

In determining the period for the right of withdrawal, the day the buyer or the third party designated by the buyer receives the last product in the case of multiple products ordered in a single order but delivered separately; the day the buyer or the third party designated by the buyer receives the last part in the case of products consisting of multiple parts; and the day the buyer or the third party designated by the buyer receives the first product in the case of regular deliveries over a specified period will be taken as basis.

The buyer must notify the seller of the exercise of the right of withdrawal within the withdrawal period through a permanent data storage device. You can exercise your right via our website www.lewk-design.com or through info@lewk-design.com.

The seller will refund all payments received from the buyer, including delivery costs if any, within 14 days from the date the seller receives the notice of withdrawal. The seller will make all refunds using the same payment method that the buyer used while purchasing and without any cost or obligation to the buyer.

The buyer is obliged to return the products to the seller within 10 days from the date the notice of withdrawal is directed to the seller.

 

7. FORCE MAJEURE

Situations that were not present at the time the contract was concluded or were not foreseeable, and that occur outside the control of the parties, making it partially or completely impossible for one or both parties to fulfill their contractual obligations or to fulfill them on time, will be considered force majeure (natural disasters, war, terrorism, uprising, changing legislative provisions, confiscation or strike, lockout, significant malfunctions in production and communication facilities, etc.). The party experiencing the force majeure will notify the other party of the situation as soon as possible.

During the continuation of the force majeure, the parties will not be liable for any failure to perform their obligations. If the force majeure continues for 30 days, either party will have the right to unilaterally terminate the contract.

 

8. EVIDENCE AGREEMENT

In the resolution of any disputes that may arise from this contract, the records of the seller (including computer, voice recordings, and magnetic media records) will constitute conclusive evidence.

9. AUTHORIZED COURT IN CASE OF DISPUTE 

Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade, and Consumer Courts and Execution Offices in the place where the seller is located, are authorized in cases exceeding this value.

 

10. STATEMENT OF ACCEPTANCE

The buyer declares that they have read all the terms and explanations written in the Pre-Information Form on the Website, that they are informed about the main features, specifications, sales price, payment method, delivery conditions, and all other issues related to the products subject to sale, that they have seen, read, and accepted all these on the website electronically, and that they accept and declare all these terms by placing an order and giving electronic approval, permission, and acceptance.

 

11. VALIDITY

This Contract has been read by the parties and has been concluded and entered into force by the buyer approving it electronically and making a positive act of payment.