Distance Sales Agreement

Article 1 - Parties and Contact Information

This agreement is concluded electronically between the SELLER and the BUYER identified below, regarding the sales transaction carried out through the website www.schlemmerturkiye.com, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

SELLER (COMPANY)

  • Title: ISM Üretim Çözümleri ve Talaşlı İmalat A.Ş.
  • Address: Karaköprü Mh. Begonya Sk Lonca Çarşı Sitesi 2/5 Gölcük Kocaeli, Türkiye
  • E-mail: info@schlemmerturkiye.com
  • Website: www.schlemmerturkiye.com

BUYER (CUSTOMER)

  • Name / Surname / Title: Name of the person or company placing the order
  • Address: Delivery address
  • Phone: Contact phone number
  • E-mail: E-mail address

Article 2 - Subject of the Agreement

The subject of this agreement is the regulation of the rights and obligations of the parties regarding the sale, delivery, and payment of the product whose specifications and sales price are specified below, which the BUYER has ordered from the SELLER's website www.schlemmerturkiye.com.

Article 3 - Order Information (Product / Payment / Delivery)


Product DescriptionQuantityUnit Price (VAT Included)Total Amount (VAT Included)Product Code / Brand / Model / Color etc.QuantityTRYTRYShipping CostShipping fee - if anyTOTAL PAYMENT AMOUNTTotal TRY
  • Payment Method: Credit Card / Wire Transfer / EFT / Cash on Delivery
  • Delivery Address: Address specified by the BUYER during the order
  • Invoice Address: Address specified by the BUYER during the order
  • Delivery Method: The order will be sent to the address specified by the BUYER via the contracted courier company.

Article 4 - Rights and Obligations of the Parties

  1. The BUYER accepts, declares, and undertakes that they have read and obtained information about the basic characteristics, sales price, payment method, and delivery-related preliminary information of the product subject to the contract on the website www.schlemmerturkiye.com, and that they have provided the necessary confirmation electronically.
  2. The product subject to the contract shall be delivered to the BUYER within a maximum of 30 (thirty) days from the order date. The SELLER is only responsible for delays in product delivery in case of their own gross negligence (intent or gross negligence); they are not responsible for delays arising from force majeure, disruptions in the supply chain, issues related to the courier company, or unforeseen circumstances.
  3. If it becomes impossible to fulfill the product subject to the contract, the SELLER shall notify the BUYER of the situation and refund the paid price, if any, within 14 days.
  4. The BUYER has the right to withdraw from the contract within 14 (fourteen) days following the delivery of the product, without giving any justification. However, the right of withdrawal does not apply to the products specified in Article 6.
  5. Shipping Fee and Return Conditions:
  6. a) The principle is that the shipping fee related to the delivery of the order is covered by the BUYER. By placing the order, the BUYER agrees to pay this fee.
  7. b) The SELLER may undertake the shipping fee for orders above a certain amount or for certain products within the scope of periodic campaigns. This "free shipping" practice is a commercial campaign offered at the SELLER's sole initiative and means only that the freight cost (transportation fee) is covered by the SELLER. The free shipping campaign does not in any way change the delivery terms (EXW and FCA) regulated in Article 4/11 of this agreement or the moment of transfer of risk and ownership related to the goods. Upon delivery of the goods to the carrier, all risks (delay, damage, loss, theft, etc.) and ownership pass to the BUYER within the framework of the principles specified in Article 4/11. The SELLER's assumption of the shipping fee does not mean that they assume any responsibility during the transportation of the goods.
  8. c) The return shipping fee in case of exercising the right of withdrawal belongs to the BUYER. The same delivery terms (EXW) apply during the return, and all risks belong to the BUYER until the returned goods are received at the SELLER's workplace.
  9. When the BUYER exercises the right of withdrawal, they are obliged to send the product to the SELLER within 10 days. The return shipping fee in case of exercising the right of withdrawal belongs to the BUYER. The SELLER shall refund all payments collected from the BUYER within at most 14 days from the date the withdrawal notification reaches them.
  10. Obligation to Control at Delivery and Notification of Obvious Defects:
  11. The BUYER is obliged to immediately check for any visible defects and deficiencies upon receiving the product, such as damage, breakage, packaging damage, tears, wetness, scratches, dents, paint defects, missing parts, etc. For defects that can be detected at the time of delivery (obvious defects), it is mandatory to draft a report in the presence of the courier officer. The SELLER is not responsible for damage and similar situations in products received without a report. Products received without a report are deemed to have been received undamaged and defect-free.
  12. Definition of Latent Defect, Notification Period, and Burden of Proof:
  13. a) Latent Defect: Only structural defects that cannot be detected by visual inspection at the time of delivery and that emerge as a result of using the product or technical examination may be considered latent defects. Performance deficiencies arising from the technical specifications of the product, problems caused by user error, misuse, excessive wear, neglect, intervention by unauthorized persons, or design decisions approved by the BUYER during the project planning phase are not considered latent defects.
  14. b) Notification Period: In order to claim a latent defect, the BUYER must notify the SELLER in writing within at most 5 (five) days from the date of cargo delivery of the product. This period starts regardless of whether the defect is noticed or not and is of a peremptory nature. If notification is not made within this period, the product is deemed accepted as completely defect-free, and the BUYER loses all rights to claim.
  15. c) Burden of Proof: The BUYER claiming a latent defect is obliged to prove with conclusive and convincing evidence that the defect existed at the moment the product was delivered by the SELLER to the carrier. For this purpose, they must prove with objective and independent evidence such as technical reports, expert examination, official institution determination, or authorized service reports:
  • That the product has never been used,
  • That no intervention has been made to the product,
  • That the product has not been opened or repaired by unauthorized persons,
  • That the defect is not caused by user error,
  • That the defect existed at the time of delivery.
  1. The BUYER's unilateral declaration, photographs, video recordings, or reports prepared by themselves are not accepted as proof on their own. If the burden of proof cannot be fulfilled, it is definitively accepted that the product was defect-free and did not bear any defect at the time of delivery.
  2. d) Statute of Limitations: The SELLER's liability arising from defects expires in any case 2 years after the delivery date of the product, within legal limits. The 5-day notification period regulated in this article does not extend the statute of limitations; on the contrary, due to its peremptory nature, the right to claim disappears for defects not notified within the period, without waiting for the statute of limitations to expire.
  3. The SELLER has the right to request the return of the product if the product price is not paid due to unauthorized use of the BUYER's credit card. In this case, the return shipping fee belongs to the BUYER.
  4. Responsibility During Cargo Transportation:
  5. After the product is delivered by the SELLER to the courier company, the courier company itself is responsible for any delay, damage, loss, theft, or similar adverse events that may occur during the process until the product reaches the BUYER, and the SELLER has no responsibility in such cases. In such situations, the BUYER is obliged to prepare a damage assessment report and apply directly to the courier company. The SELLER makes maximum effort to assist the BUYER in the follow-up process with the courier company, but this assistance does not mean that they assume responsibility.
  6. Delivery Terms, Transfer of Ownership, and Determination of Delivery:
  7. Deliveries within the scope of this agreement are carried out under the following terms within the framework of the Incoterms 2020 rules determined by the International Chamber of Commerce (ICC):
  8. a) EXW (Ex Works): The SELLER makes the product available for collection at their own workplace (Karaköprü Mh. Begonya Sk Lonca Çarşı Sitesi 2/5 Gölcük Kocaeli, Türkiye) by the carrier designated by the BUYER. As of the moment the product is physically delivered to the carrier at the SELLER's workplace, ownership of the product and all risks (damage, loss, waste, theft, delay, etc.) pass to the BUYER. All responsibilities (transportation, customs, insurance, etc.) after the delivery of the product to the carrier belong entirely to the BUYER.
  9. b) FCA (Free Carrier): The SELLER delivers the product to the carrier designated by the BUYER at the SELLER's workplace or another agreed point. As of the moment the product is physically delivered to the carrier, ownership of the product and all risks (damage, loss, waste, theft, delay, etc.) pass to the BUYER.
  10. c) Determination and Proof of Delivery:
  11. The delivery of the product by the SELLER to the carrier can be proven by any one or several of the following documents:
  • Dispatch note,
  • Transport document (CMR, bill of lading, air waybill, etc.),
  • Cargo delivery report,
  • Cargo tracking number and related courier company records,
  • Any receipt of delivery signed by the carrier,
  • E-mail or SMS sent by the SELLER to the BUYER containing cargo tracking information.
  1. The issuance of any one of these documents constitutes conclusive evidence that the goods have been delivered to the carrier and that ownership and risks have passed to the BUYER.
  2. d) Provision of Cargo Tracking Information:
  3. The SELLER shall notify the BUYER via e-mail or SMS of the cargo tracking number and courier company information within 24 hours at the latest from the date they deliver the product to the carrier. Although this notification is auxiliary evidence in terms of proving delivery, the fact that the notification has not been made does not mean that the goods have not been delivered to the carrier or that ownership has not passed. Any possible delay or deficiency in the notification does not create liability for the SELLER and does not change the fact that delivery has taken place.
  4. Retention of Title:
  5. The SELLER declares that they retain the right of ownership over the product until the full product price is collected. However, with the delivery of the product to the carrier as specified in Article 11, damage and risk pass to the BUYER. If the price cannot be collected in full, the SELLER has the right to request the return of the product through legal means. In this case, return costs belong to the BUYER.

Article 5 - Customs Procedures and Costs

  1. In international shipments, all customs procedures, customs duties, import fees, special consumption taxes, VAT, and any other official obligations and costs in the destination country of the product belong entirely and exclusively to the BUYER.
  2. Customs Risks and Liability
  3. The BUYER accepts that the SELLER is not responsible for any damages, losses, or costs arising from situations such as the product not being accepted by the customs authority of the destination country, the BUYER's failure to fulfill the conditions required for customs clearance, requests for additional documents, delays due to customs inspection, inability to clear the product from customs, or confiscation of the product by the customs authority.
  4. Scope of Seller's Obligation
  5. In such cases, the SELLER:
  6. a) Does not assume any legal or actual responsibility regarding the customs procedures of the product,
  7. b) Cannot be held responsible for delays caused by customs procedures,
  8. c) May attempt to assist the BUYER in obtaining additional documents or information requested by the customs authority, but this assistance does not mean that they assume responsibility,
  9. d) Shall not refund the product price if the product cannot be cleared through customs or is confiscated by the customs authority.
  10. Return Conditions for Right of Withdrawal
  11. In international shipments, in the event of exercising the right of withdrawal, the return customs procedures and costs also belong entirely to the BUYER.
  12. Declaration and Acceptance
  13. The BUYER accepts, declares, and undertakes that all customs procedures and costs in international shipments belong to them and that the SELLER has no responsibility in this regard.

Article 6 - Products Not Subject to Right of Withdrawal

The BUYER does not have the right of withdrawal in the sale of the following products due to their nature:

a) Products prepared according to the BUYER's request or clearly for their personal needs, which are not suitable for return by their nature (custom cut, size, machining, special order, prototype, production specific to the customer's project, mold, apparatus, etc.).

b) Products that mix with other products after delivery and cannot be separated by their nature.

c) Products whose packaging has been opened and are not suitable for return in terms of hygiene and health.

d) Products that are assembled after delivery, cannot be disassembled, or will be damaged during disassembly.

e) Products that risk rapid deterioration or expiration.

Article 7 - Limitations of Liability and Force Majeure

  1. The SELLER is not responsible in any way for indirect damages arising from the use or inability to use the product (loss of profit, work stoppage, production downtime, data loss, machine failure, third-party claims, penalties, etc.).
  2. The SELLER cannot be held responsible if the product cannot be delivered or is delivered late due to force majeure events beyond the SELLER's control such as fire, natural disaster, war, terror, epidemic disease, strike, lockout, official authority decisions, import/export bans, supplier-related problems, technical failures, energy or internet outages, logistics-related disruptions, strike or bankruptcy of the courier company.
  3. Although the SELLER strives to ensure that the product images and descriptions on the site are as accurate as possible, minor differences may occur between the actual product and the images due to screen, monitor, or printing differences; these differences do not constitute defects and the SELLER is not responsible for these differences.
  4. The SELLER reserves the right to make minor changes in the technical specifications of the product, depending on supply chain conditions, that do not affect the functionality and performance of the product. These changes are not considered defects.

Article 8 - Default and Legal Consequences

If the BUYER fails to make the payment transactions on time, they are deemed to be in default towards the SELLER. In this case, the BUYER is obliged to compensate for the damage suffered by the SELLER due to the delay in the performance of the debt subject to the contract, effective from the date of default.

Article 9 - Competent Court

For the resolution of any dispute arising from or related to this agreement, the courts at the SELLER's legal address (Kocaeli Courts) are exclusively competent. The parties accept, declare, and undertake that this jurisdiction clause is final and binding.

Article 10 - Entry into Force

The BUYER declares that they have read, understood, and accepted all provisions of this agreement with the order confirmation they give on the website. This agreement is concluded electronically on the date the BUYER confirms the order and enters into force mutually.

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