DISTANCE SALES CONTRACT

ARTICLE 1 - Parties

1.1. Seller
Title: www.lumoths.com
Email Address: info@lumoths.com
Full Address: Selami Ali Neighborhood, Cumhuriyet Street, No: 46, Interior Door No: 30, Üsküdar / Istanbul
Phone Number:

1.2. Buyer
Name, Surname / Title: ---- ----
Email Address: ----
Phone Number: ----

ARTICLE 2 - Subject

The subject of this contract is to determine the rights and responsibilities of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the features and sales price of which are stated below, which the BUYER ordered electronically from the SELLER's website www.lumoths.com.

BUYER acknowledges and declares that they have been informed in advance by SELLER in a clear, understandable, and online format, that they have confirmed the information in the preliminary information electronically, and that they have subsequently placed a product order, in accordance with the provisions of this contract. The information contained in the preliminary information primarily includes SELLER's title, full address, telephone number, and other contact and communication information; the basic characteristics of the product for sale; the sales price, including taxes; the payment method; delivery terms and costs; all other preliminary information regarding the product for sale; the exercise of the right of withdrawal and how to exercise this right; the official authorities to whom they may submit complaints and objections; and similar matters.

The preliminary information available on the website www.lumoths.com and the invoice issued upon the purchase made by the BUYER are integral parts of this contract.

ARTICLE 3 - Contractual Goods/Payment/Shipping and Delivery Information

The type and kind of goods purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping cost are as follows. The person to be invoiced must be the same person as the person making the contract. The information provided below must be complete and accurate. The BUYER accepts full responsibility for any losses and accepts all liability arising from any inaccuracies or incompleteness of this information.

SELLER reserves the right to suspend the order and delivery if it detects any problems, such as inconsistencies in the information provided by BUYER. If SELLER detects a problem with the order and is unable to reach BUYER at the phone, email, or mailing address provided by BUYER, SELLER will postpone the execution of the order for 7 (seven) days. BUYER is expected to contact SELLER regarding the issue within this period. If no response is received from BUYER within this period, SELLER will cancel the order to prevent any damage to either party.

Product(s) Purchased
----

Delivery Information
----

Billing Information
----

ARTICLE 4 - Contract Date and Force Majeure

The contract date is the date --/--/--, which is the date the order is placed by the BUYER.

Force majeure shall be deemed to be any circumstance that does not exist or is unforeseeable at the time the contract is signed, that develops beyond the control of the parties, and that renders it impossible for one or both parties to partially or fully fulfill their obligations and liabilities undertaken under the contract, or to fulfill them on time. Force majeure may be seen as an action, event, failure to fulfill a planned action, or accidents beyond their control. These include, in particular (but not limited to), civil unrest, terrorist attack or threat, declaration or threat of war, (military) coup, rebellion, occupation, and natural disasters such as fire, explosion, storm, flood, earthquake, collapse, or epidemic, seizure or strike, lockout, significant failure of production, transportation, and communication facilities, changing legislative provisions, and similar circumstances. The party in whose jurisdiction the force majeure event occurs shall immediately notify the other party in writing of the situation.

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

ARTICLE 5 - Rights and Obligations of the Seller

5.1. The SELLER accepts and undertakes to fully perform the obligations assigned to it in the contract, excluding force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.

5.2. Persons under the age of 18 (eighteen) cannot shop at www.lumoths.com . SELLER will assume that the age stated by the BUYER in the contract is correct. However, SELLER will not be held responsible in any way if the BUYER enters an incorrect age.

5.3. SELLER is not responsible for pricing errors that may occur due to system errors. Similarly, SELLER is not responsible for advertising and/or pricing errors that may arise from the system or design of the website or from illegal interventions on the website. BUYER cannot claim rights from SELLER based on system errors.

5.4. You can make purchases at www.lumoths.com by credit card (Visa, MasterCard, American Express, etc.), bank transfer, or payment to the courier upon delivery. Orders for which the transfer is not made within 3 (three) business days of the order date will be canceled. Payment methods such as paid shipment or postal checks will not be accepted without prior consultation with customer service.

ARTICLE 6 - Rights and Obligations of the Buyer

6.1. The BUYER accepts and undertakes to fully perform the obligations assigned to it in the contract, excluding force majeure reasons.

6.2. The BUYER accepts and undertakes that by placing an order, he/she is deemed to have accepted the provisions and obligations of this contract and that he/she will make the payment in accordance with the payment method specified in the contract.

6.3. Subject to the previous article, the BUYER declares that he/she has read and is aware of the www.lumoths.com order/payment/usage procedure information, including the goods order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and has given the necessary confirmation electronically.

6.4. If the BUYER wishes to return the product he purchased, he has the right to change it within 3 (three) days from the date of delivery, but he accepts and undertakes not to damage the product and its packaging in any way and to return the original invoice and delivery note at the time of return.

ARTICLE 7 - Order/Payment Procedure

Ordering:
After the VAT-inclusive Turkish Lira amount (total installment amounts for installment transactions) of the products added to the shopping cart is approved by the BUYER, the payment is processed through the POS terminal of the relevant bank card. Therefore, an order confirmation email is sent to the customer before orders are shipped. Shipment will not be made until the Order Confirmation email is sent.

Any disruptions in the process or problems that may arise with the credit card will be notified to the BUYER by one or more of the phone, fax, or email methods specified in the contract. If necessary, the BUYER may be asked to contact their bank regarding the matter. The processing time for orders is not the time the order is placed, but the time the necessary payment is made to the credit card account or when it is determined that the wire transfer or EFT has reached the SELLER's account.

In the exceptional event that the contract product cannot be supplied for a justified reason and/or a stock issue is encountered, the BUYER will be immediately notified in a clear and understandable manner. In such cases, the BUYER may request the shipment of another product of equal quality and price, or a new product of equivalent price. The BUYER may also request that the product be returned to stock or that other obstacles to delivery be resolved, and/or the BUYER may request the SELLER to cancel the order and refund the payment.

If the delivery obligation of the goods becomes impossible, the BUYER will be notified of this situation, and the contract will be cancelled by returning the total price paid and any documents that would obligate the BUYER. In such a case, the BUYER will not have any claim against the SELLER for any additional material or moral damages.

Making Payment:
At www.lumoths.com , BUYERS who prefer not to use their credit card information online are offered the option to place an order via cash transfer or payment to the courier upon delivery. When paying via bank transfer, the BUYER can choose the bank most convenient for them and make the transfer. If an EFT is made, the date of payment will be taken into account. When making a bank transfer and/or EFT, the Sender Information must match the Invoice Information and include the order number.

If, after delivery of the product, the relevant bank or financial institution fails to pay the SELLER the price of the product due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault, the BUYER is obligated to return the delivered product to the SELLER within 10 (ten) days at the latest. In such cases, shipping costs are the sole responsibility of the BUYER.

If the BUYER has chosen to make payment by credit card, he/she accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information with his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the legislation in force.

ARTICLE 8 - Shipping/Delivery Procedure

Shipping Process:
Once the order confirmation e-mail is sent, the product(s) are delivered to the cargo company that the SELLER has a contract with.

Delivery Process:
The product(s) will be delivered to the BUYER's address or courier branch by the SELLER's contracted courier company. The delivery period is 30 (thirty) business days at the latest from the date the order confirmation email is sent and the contract is established. This period may be extended by a maximum of 10 (ten) business days, provided that the BUYER is notified in advance in writing or via a continuous data carrier.

Products are sent to areas where the cargo company does not deliver to the address with a phone call notification.

In areas where the courier company delivers once a week, there may be delays in the specified delivery time due to inaccuracies or omissions in the shipping information, as well as certain social events and natural disasters. BUYER cannot hold SELLER responsible for these delays. If the product(s) are to be delivered to a person/organization other than BUYER, SELLER is not responsible for any additional shipping costs that may arise due to the delivery person/organization refusing to accept delivery, inaccuracies in the shipping information, and/or BUYER's absence. If the product(s) have not arrived within the specified delivery days, delivery problems should be reported immediately to customer service using the email address info@lumoths.com.

If a package is damaged, it must not be accepted, and a report must be filed with the courier company. If the courier company official determines that the package is not damaged, the BUYER has the right to have the package opened on-site, to verify that the products were delivered undamaged, and to request a report documenting the situation. Once the package is received by the BUYER, the courier company is deemed to have fulfilled its duty. If the package is not accepted and a report is filed, the situation must be reported to the SELLER's customer service as soon as possible, along with the BUYER's copy of the report.

ARTICLE 9 - Procedure for Product Returns and Right of Withdrawal

Return of Product(s):
After receiving the goods, the BUYER has the right to withdraw from the contract within 3 (three) days without giving any reason and without paying any penalty, provided that the goods are unused and the packaging is undamaged. In order for returns to be processed in accordance with the General Communiqué of Tax Procedural Law No. 385, the BUYER must completely and accurately fill out the return sections at the bottom of the two invoices belonging to the SELLER delivered with the product, sign them, and send one copy to the SELLER along with the product, and retain the other copy. The right of withdrawal begins on the day the goods are delivered to the BUYER. All shipping costs for the returned product(s) must be covered by the BUYER.

There is no right of withdrawal for products prepared in line with the BUYER's wishes and/or clearly his personal needs.

If the BUYER exercises his right of withdrawal, the SELLER shall refund to the consumer the total price, excluding shipping costs, and any documents, if any, that place the consumer under debt, within 10 (ten) days at the latest from the date the invoice containing the notice of withdrawal reaches the SELLER along with the product.

A decrease in the value of the goods received, or the existence of a reason that makes return impossible, does not prevent the BUYER from exercising his right of withdrawal. However, if the decrease in value or the impossibility of return is due to the consumer's fault, the BUYER must compensate the SELLER for any damages incurred due to the decrease in value or the loss of value of the goods.

The return period for any goods purchased by mistake is 3 (three) days. Returns of products that have been opened, used, damaged, or in any other condition will not be accepted within this period. Returns must be made in the original packaging.

If any opening, deterioration, breakage, destruction, tearing, use or other conditions are detected on the product or its packaging purchased by mistake and if the product is not returned in the same condition as when it was delivered to the BUYER, the product will not be accepted for return and the price will not be refunded in any way.

For product returns, the situation must be reported to customer service first. The SELLER will provide the customer with the return information. After this communication, the product, along with the invoice containing the return information, must be returned to the SELLER via the shipping company that delivered the product to the BUYER's address. The returned product, upon receipt by the SELLER, will be considered a return provided that the conditions specified in this agreement are met. The refund will be made to the BUYER's credit card or bank account. No refund will be made until the product is returned complete and intact. The time it takes for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.

If the purchase was made by credit card and in installments, the credit card refund procedure will be applied as follows: The Bank will refund the BUYER in installments based on the number of installments requested by the BUYER. After the SELLER pays the bank the full product price in one lump sum, if the installment payments made through the bank POS are refunded to the BUYER's credit card, the requested refund amounts will be transferred to the holder's accounts by the bank in installments to prevent any aggrieved parties. The installment amounts paid by the BUYER up to the date of the sale cancellation will be reflected on the card as one (1) refund per month, unless the refund date coincides with the card's statement date. The BUYER will receive the installments paid before the refund for an additional month after the sale installments are completed, equal to the number of installments paid before the refund, and this will be deducted from their existing debts.

In the case of a return of goods or services purchased using a credit card, the SELLER cannot pay the BUYER a refund directly in cash, as per the agreement it has with the bank. In the event of a return, the merchant, i.e., the SELLER, will process the refund through the bank's relevant software and is obligated to pay the relevant amount to the bank in cash or as an offset. Therefore, pursuant to the procedure detailed above, the SELLER cannot make a cash payment to the BUYER. The refund will be credited to the BUYER's credit card after the BUYER makes a single payment to the bank, as per the above procedure.

ARTICLE 10 - Warranty

Products sold under this agreement are under Lumoths' two-day warranty against any manufacturing defects, as specified in the Return Policy. Lumoths' warranty liability applies only to consumers covered by Law No. 4077. For commercial transactions, the provisions of Turkish Commercial Code No. 6102 apply.

ARTICLE 11 - Confidentiality

Any information provided by the BUYER to the SELLER for payment purposes, including the information included in this agreement, will not be shared with third parties by the SELLER.

SELLER may only disclose this information if there is an administrative/legal obligation. In the context of any legal investigation with documented investigative capacity, SELLER may share the requested information with the relevant authority if it possesses it.

The BUYER's credit card information is not stored at any time. Credit card information is used only to securely transmit it to the relevant banks during the collection process and to obtain authorization. It is deleted from all data after the authorization process.

Information such as the BUYER's email address, mailing address, and phone number are used solely by the SELLER for standard product delivery and notification procedures. This information may be used, with the BUYER's consent, to send certain campaign information, new product information, and promotional information to the BUYER.

ARTICLE 12 - Competent Courts and Enforcement Offices in Case of Dispute

In the event of any dispute arising from or relating to the implementation of this agreement, the Consumer Arbitration Committees and Consumer Courts in the Republic of Turkey shall have jurisdiction, based on the value declared by the Ministry of Industry and Trade each December. The applicable law for this distance selling agreement is Turkish law.

If the order is placed, the BUYER is deemed to have accepted all the terms and conditions of this contract.

Best regards, www.lumoths.com