Distance Sales Contract

SELLER: MAS PHARMA İLAÇ SANAYİ İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ (operating under the Lava Derm brand). Address: Mimar Sinan Mah. Fatih Sultan Mehmet Cad. No: 6/93, Silivri / İstanbul, Türkiye. Tax office and number: Silivri Vergi Dairesi / 6121279506. Email: support@lava-derm.com. Website: https://lava-derm.com.

BUYER: the name entered at checkout. Delivery address: the delivery address entered at checkout. Phone: the phone number entered at checkout. Email: the email address entered at checkout.

The details the Buyer entered when ordering are relied upon.

The subject of this Contract is to set out the rights and obligations of the parties under the Law and the Regulation regarding the sale and delivery of the products described below, which the Buyer ordered electronically on the https://lava-derm.com website, at the stated sale price. The products are cosmetic and dermocosmetic skin, body, sun and hair care products; they are not medicines and are not sold to diagnose or treat any disease.

Order number: the number stated in the order confirmation. Order date: the date the order is confirmed.

Products (name, quantity and price including VAT):

the products, quantities and prices shown in the order summary

Product subtotal: the product subtotal shown in the order summary. Delivery charge: the delivery charge shown in the order summary. Total including all taxes: the total including VAT shown in the order summary. Payment method: the payment method chosen at checkout.

Prices are in Turkish lira (TRY) and include value added tax (KDV). Payment is made by credit or debit card (3D Secure), bank transfer (havale/EFT) or cash on delivery, as offered at checkout. Card payments are processed through the contracted bank’s 3D Secure payment infrastructure; card details are not stored by the Seller. For bank transfers, products are dispatched after the amount reaches the Seller’s account. For cash on delivery, payment is made at delivery; the Seller charges no additional fee for cash on delivery.

Products are delivered by a carrier to the Buyer, or to a person the Buyer designates, at the delivery address provided. For deliveries within Turkey the delivery charge is ₺99, and delivery is free when the product subtotal is ₺1,250 or more. For shipments outside Turkey the delivery charge is quoted before ordering; customs duties and charges applied in the destination country are borne by the Buyer, provided they were disclosed before ordering.

Delivery usually takes 7–14 days. Under Article 16 of the Regulation, it may in no case exceed 30 days from the date the order reaches the Seller. If the Seller does not perform within this period, the Buyer may terminate the Contract, and the Seller refunds all payments collected, including delivery costs, within 14 days of receiving the termination notice. If supplying the ordered product becomes impossible, the Seller informs the Buyer in writing or on a durable medium within 3 days of learning of it and refunds all payments collected within 14 days at the latest. The risk of loss or damage remains with the Seller until the products are delivered to the Buyer or the person the Buyer designates.

The Buyer may withdraw from the Contract within 14 days of the date the product is delivered to the Buyer or to a third party the Buyer designates, without giving any reason and without any legal or penal liability (Regulation, Art. 9). Where products in one order are delivered separately, the period starts on receipt of the last product. The Buyer may also withdraw before the product is delivered.

The withdrawal notice is sent to the Seller within the period by email to support@lava-derm.com, in writing to Mimar Sinan Mah. Fatih Sultan Mehmet Cad. No: 6/93, Silivri / İstanbul, Türkiye, or on another durable medium (Regulation, Art. 11). It is sufficient to send the notice before the period expires. The Buyer may use the standard withdrawal form annexed to the Regulation, but it is not mandatory. The Seller confirms receipt of the withdrawal notice without delay.

Under Article 15(1)(ç) of the Regulation, the right of withdrawal does not apply to goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is unsuitable for health and hygiene reasons. The cosmetic and personal care products sold under this Contract are of this kind; therefore, there is no right of withdrawal for products whose protective seal, tape, film or packaging was opened after delivery. The right of withdrawal is preserved for products whose protective elements remain unopened. This exception does not remove the Buyer’s rights under the Law for faulty, damaged, incomplete or wrongly sent products.

A Buyer who withdraws sends the product back to Mimar Sinan Mah. Fatih Sultan Mehmet Cad. No: 6/93, Silivri / İstanbul, Türkiye within 10 days of the withdrawal notice, using the contracted carrier and return code the Seller provides via support@lava-derm.com (Regulation, Art. 13). No return cost is charged to the Buyer when the product is sent with the carrier designated by the Seller. If the designated carrier has no branch where the Buyer is located, the Seller arranges collection from the Buyer at no additional cost. The Buyer is not liable for changes or deterioration resulting from use of the product in line with its function, technical features and instructions during the withdrawal period.

Within 14 days of receiving the withdrawal notice, the Seller refunds all payments collected, including the cost of delivering the product to the Buyer, in a manner suited to the payment instrument the Buyer used, in a single payment and without imposing any cost or obligation on the Buyer (Regulation, Art. 12). Card payments are refunded to the card used; the time for the amount to appear depends on the bank. Bank transfers are refunded to the account the payment came from; cash-on-delivery payments are refunded to a bank account (IBAN) in the Buyer’s own name that the Buyer provides.

The Seller is responsible for delivering the products intact, complete and as described in the order, with labelling and usage information compliant with applicable cosmetics legislation; for the accuracy of the information in the pre-information form and this Contract; for confirming the Buyer’s order electronically without delay (Law No. 6563 on the Regulation of Electronic Commerce, Art. 4); for issuing and sending the invoice for the sale; and for protecting the Buyer’s personal data in accordance with the law. The Seller keeps this Contract and the order records and sends them to the Buyer on request.

The Buyer confirms having read and accepted the Pre-Information Form and this Contract; that the name, address, phone and email details given when ordering are accurate and current; that any card used for payment belongs to the Buyer or is used with the cardholder’s consent; and that the products will be used according to their labels and instructions. If the Buyer notices a damaged, crushed or opened parcel at delivery, the Buyer is advised to have the carrier’s representative record it in a report; this advice does not limit the Buyer’s statutory rights. The Seller is not liable for failed delivery caused by incorrect or incomplete details provided by the Buyer.

For card payments, if the bank does not approve the transaction or the amount is not paid to the Seller for any reason, the order is deemed not to have been placed and the product is not dispatched. For orders paid by bank transfer, the Seller may cancel the order if the amount does not reach the Seller’s account within the period stated in the order confirmation. If the Buyer defaults on a credit card transaction, the Buyer is liable to the bank as cardholder under the card agreement between the Buyer and the bank.

Products that at delivery do not match the characteristics stated in the order or product description, that are damaged, incomplete or wrongly sent, or whose packaging, label or instructions are deficient are considered faulty (Law, Art. 8). In that case, by contacting support@lava-derm.com, the Buyer may choose one of the rights under Article 11 of the Law: withdrawal from the contract, a price reduction proportionate to the defect, free repair, or replacement with a non-faulty equivalent, and may claim compensation where the conditions are met. Shipping costs for returning a faulty product are borne by the Seller. Rights relating to faulty products are not affected by the protective packaging having been opened. Liability for defects is subject to a 2-year limitation period from delivery (Law, Art. 12).

Events beyond the parties’ control that could not be foreseen or prevented, such as natural disasters, epidemics, war, terrorism, strikes, general transport or communication outages, fire, flood and decisions of public authorities, are force majeure. During force majeure, the affected obligations of the parties are suspended and the Seller informs the Buyer without delay. If force majeure prevents delivery within the 30-day legal period, the Buyer may terminate the Contract, and all payments collected are refunded within 14 days. Force majeure does not remove the Buyer’s statutory rights.

The Buyer’s personal data is processed in accordance with Law No. 6698 on the Protection of Personal Data for the purposes described in the KVKK Privacy Notice at https://lava-derm.com/kvkk. Commercial electronic messages are sent to the Buyer only with consent given separately from this Contract, which may be withdrawn at any time.

For disputes arising from this Contract, the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) at the Buyer’s place of residence or where the consumer transaction took place are competent within the monetary limits announced each year by the Ministry of Trade, and the Consumer Courts (Tüketici Mahkemeleri) are competent for disputes above those limits (Law, Arts. 68 and 73). Applications to the Consumer Arbitration Committees can also be made through e-Devlet. For disputes where applying to a Consumer Arbitration Committee is not mandatory, applying to a mediator before filing a case at the Consumer Court is a precondition to suit (Law, Art. 73/A).

In a dispute, the Seller’s duly kept commercial books and records and the electronic order, confirmation and correspondence records constitute evidence within the scope of Article 193 of Code of Civil Procedure No. 6100. This clause does not limit the Buyer’s right to submit counter-evidence.

This Contract was concluded and entered into force when the Buyer confirmed it electronically (the date the order is confirmed). The Buyer accepts having read, understood and approved the Pre-Information Form and this Contract before confirming the order. A copy of the Contract is sent to the Buyer’s email address the email address entered at checkout as a durable medium together with the order confirmation, and is kept by the Seller. The language of the Contract is Turkish; texts in other languages are for information.