Preliminary Notice

Update Date: 18/02/2025

SELLER (COMPANY) INFORMATION

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
Mersis No: 0466186746700001
Tax Office: Tepecik
Tax Number: 4661867467

BUYER (CUSTOMER) INFORMATION

All information belonging to the BUYER (name, surname, title, address, e-mail, delivery address, invoice address, etc.) are the information entered into the system by the BUYER during membership and/or order creation on the website www.schlemmerturkiye.com.

1. PRODUCT INFORMATION SUBJECT TO THE CONTRACT

The products subject to your order are the products you purchased through the website www.schlemmerturkiye.com. The descriptions, quantities, unit prices, and total amounts of the products are automatically determined by the site according to the products you select during the order and are shown in the order summary.

Total Order Amount: The amount specified in the order summary.

Payment Method: The payment method you selected during the order (Credit Card / Wire Transfer/EFT / Cash on Delivery)
Delivery Address: The address you specified during the order
Invoice Address: The address you specified during the order

2. ACCURACY OF BUYER INFORMATION AND LIABILITY

2.1. Accuracy of Information

The BUYER declares that all information (name, surname, title, TR ID number, tax office, tax number, address, e-mail, delivery address, invoice address, and all other information) they have entered into the system during membership and/or order creation on the website www.schlemmerturkiye.com is complete, accurate, and up-to-date. This declaration is deemed to have been made with the approval of the order.

2.2. Liability in Case of Incorrect/Incomplete Information

The BUYER is solely and exclusively responsible for any and all adversities, damages, losses, delays, penal sanctions, and other consequences that may arise due to the information entered into the system by the BUYER being:

Incorrect,
Incomplete,
Wrong,
Not up-to-date,
Belonging to third parties,
Contrary to facts.

No liability arising from this situation can be attributed to the SELLER. The BUYER is deemed to have accepted this responsibility with the approval of the order.

2.3. Effect on Delivery and Invoicing

The SELLER is not responsible for the consequences arising from incorrect/incomplete information, especially in the following cases:

Delivery Address: Failure to deliver the product, late delivery, loss, delivery to the wrong person, or the courier company not being able to find the address due to an incorrectly or incompletely entered delivery address.
Invoice Address: The invoice not reaching on time or reaching the wrong person, penal sanctions arising from tax legislation due to an incorrectly or incompletely entered invoice address.
Contact Information: Order confirmation, cargo tracking information, or other notifications not reaching the BUYER due to incorrectly or incompletely entered e-mail or other contact information.
Identity/Tax Information: Inability to issue an invoice or incorrect issuance due to incorrectly or incompletely entered information such as TR ID number, tax office, tax number.

2.4. Obligation to Update Information

If there is a change in the information they have entered into the system, the BUYER is obliged to immediately notify the SELLER or update it through the site. The SELLER is not responsible for adversities that may arise due to information not being updated. This obligation is deemed to have been accepted with the approval of the order.

2.5. Use of Third-Party Information

If the BUYER enters information belonging to third parties that do not belong to them or for which they do not have the authority to use, all legal and criminal liability arising from this situation belongs to the BUYER. If this situation is detected, the SELLER has the right to cancel the order and notify the legal authorities.

2.6. Proof

In case of disputes regarding the accuracy of the information entered into the system by the BUYER, the SELLER's system records constitute conclusive evidence. The BUYER cannot object to the SELLER's system records in case of information inaccuracies arising from their own fault.

3. GENERAL INFORMATION

3.1. Schlemmer Official Distributorship

As ISM Üretim Çözümleri ve Talaşlı İmalat A.Ş., we are the official distributor of Schlemmer products in Turkey. All Schlemmer branded products offered for sale on our site are original and under distributor warranty.

3.2. Delivery Terms (EXW and FCA)

Deliveries for orders placed on our site are carried out under EXW (Ex Works) or FCA (Free Carrier) terms within the framework of the International Chamber of Commerce (ICC) Incoterms 2020 rules. These delivery terms are deemed accepted with the approval of the order:

EXW (Ex Works): Ownership and all risks of the product pass to the BUYER at the moment the product is physically delivered to the carrier at the SELLER's workplace (Karaköprü Mh. Begonya Sk Lonca Çarşı Sitesi 2/5 Gölcük Kocaeli, Türkiye).
FCA (Free Carrier): Ownership and all risks of the product pass to the BUYER at the moment the product is delivered to the carrier at the determined point.

The delivery of the product to the carrier is proven by dispatch note, cargo tracking number, transport document, or e-mail/SMS notification.

3.3. Delivery Period

The product subject to the order shall be delivered to the BUYER within a maximum of 30 (thirty) days from the order date. The SELLER is not responsible for delays arising from force majeure, supply chain disruptions, or cargo-related issues.

3.4. Shipping Fee and Responsibility

The shipping fee related to the delivery of the order is primarily covered by the BUYER. With the approval of the order, it is deemed accepted that this fee will be paid.
The free shipping practice offered within the scope of periodic campaigns means only that the freight cost (transportation fee) is covered by the SELLER; it does not change the delivery terms (EXW/FCA) or the moment of risk transfer.
The courier company is responsible for any delays, damages, losses, etc. that may occur after the product is delivered to the courier company by the SELLER, and the SELLER has no responsibility. With the approval of the order, the BUYER is deemed to have accepted this situation.

3.5. Increase in Shipping Costs and Seller's Rights

If a significant increase in shipping costs occurs following the approval of the order due to calculation errors in the criteria used to calculate the shipping fee (desi, volume, weight, region, distance, etc.), price changes by courier companies, sudden increases in fuel prices, fluctuations in exchange rates, or other reasons, the SELLER has the right to:

a) Request an additional shipping fee by notifying the BUYER of the difference,

b) Cancel the order if the additional fee is not accepted by the BUYER or not paid within 3 business days,

c) Refund the product price, if any, to the BUYER in case of cancellation.

In this case, the SELLER cannot be held responsible for the increase in shipping costs, and no compensation obligation arises due to the cancellation of the order. With the approval of the order, the BUYER is deemed to have accepted this right.

3.6. International Shipments and Customs Procedures

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.

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.

In such cases, the SELLER:

Does not assume any legal or actual responsibility regarding the customs procedures of the product,
Cannot be held responsible for delays caused by customs procedures,
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,
Shall not refund the product price if the product cannot be cleared through customs or is confiscated by the customs authority.

With the approval of the order, the BUYER is deemed to have accepted that all customs procedures and costs in international shipments belong to them and that the SELLER has no responsibility in this regard.

4. RIGHT OF WITHDRAWAL

4.1. Right of Withdrawal Period and Usage

The BUYER has the right to withdraw from the contract within 14 (fourteen) days following the delivery of the product, without giving any justification. Notification that the right of withdrawal has been used must be directed to the SELLER within this period. With the approval of the order, the BUYER accepts that they have been informed about the right of withdrawal.

4.2. Products Not Subject to Right of Withdrawal

The right of withdrawal does not apply to the following products. With the approval of the order, the BUYER is deemed to have accepted that there is no right of withdrawal for these products:

Custom-made products prepared according to the BUYER's request (custom cut, size, machining, prototype, production specific to the customer's project),
Products that are assembled after delivery and cannot be disassembled,
Products whose packaging has been opened and are not suitable for return in terms of hygiene and health,
Products that risk rapid deterioration.

4.3. Return Conditions for Right of Withdrawal

The return shipping fee belongs to the BUYER. This condition is deemed accepted with the approval of the order.
All risks belong to the BUYER until the returned product is received at the SELLER's workplace (EXW delivery term).
The SELLER shall refund the payments within 14 days from the date the withdrawal notification reaches them.
In international shipments, in the event of exercising the right of withdrawal, the return customs procedures and costs also belong entirely to the BUYER.

5. LIABILITY FOR DEFECTS

5.1. Obvious Defects (Detectable at the Time of Delivery)

The BUYER is obliged to immediately check for obvious defects such as damage, breakage, packaging damage, scratches, missing parts, etc. upon receiving the product. For obvious defects detected at the time of delivery, it is mandatory to draft a report in the presence of the courier officer. Products received without a report are deemed to have been received undamaged and defect-free. With the approval of the order, the BUYER is deemed to have accepted this obligation.

5.2. Latent Defects and Notification Period

For latent defects that cannot be detected at the time of delivery, the BUYER must notify the SELLER in writing within 5 (five) days from the date of cargo delivery of the product. This period is peremptory, and the BUYER loses all rights to claim for defects not notified within the period. With the approval of the order, the BUYER is deemed to have accepted this period and its consequences.

5.3. Burden of Proof

The BUYER claiming a latent defect is obliged to prove with objective evidence such as technical reports, expert examination, or official institution determination that the defect existed at the moment the product was delivered by the SELLER to the carrier. Unilateral declarations, photographs, or video recordings are not accepted as proof on their own. With the approval of the order, the BUYER is deemed to have accepted this burden of proof.

5.4. Statute of Limitations

The SELLER's liability arising from defects expires 2 years after the delivery date of the product, within legal limits.

6. PAYMENT AND INVOICE INFORMATION

6.1. Payment

Payment is made according to the method selected during the order (credit card, wire transfer/EFT, cash on delivery). In case of non-payment due to unauthorized use of the credit card, the return of the product may be requested; return costs belong to the BUYER.

6.2. Invoice

The invoice is sent to the invoice address specified during the order. The BUYER is responsible for the accuracy of the invoice address. Tax-related penal sanctions and other responsibilities arising from an incorrect invoice address belong entirely to the BUYER. With the approval of the order, the BUYER is deemed to have accepted this responsibility.

7. RESOLUTION OF DISPUTES

For the resolution of disputes arising from this preliminary information form and the distance sales agreement, the courts at the SELLER's legal address (Kocaeli Courts) are exclusively competent. With the approval of the order, the BUYER is deemed to have accepted this jurisdiction clause.

Application to Consumer Arbitration Committees can be made where the BUYER's residence is located, within the monetary limits specified in the Regulation on Consumer Arbitration Committees.

8. DECLARATION OF ACCEPTANCE

With the approval of the order on the website www.schlemmerturkiye.com, the BUYER is deemed to have accepted, declared, and undertaken that:

They have read, understood, and accepted all the information in this Preliminary Information Form,
The seller company is the official distributor of Schlemmer products in Turkey,
All information they have entered into the system is complete, accurate, and up-to-date, and all responsibility arising from errors/omissions in this information belongs to them,
They have been informed about the basic characteristics, sales price, payment method, delivery terms (EXW/FCA), shipping responsibility, the seller's right to request an additional fee and cancel the order in case of an increase in shipping costs,
In international shipments, all customs procedures, taxes, duties, and other costs in the destination country belong entirely to them, and the seller has no responsibility in this regard,
They have been informed about the right of withdrawal, liability for defective goods, and resolution of disputes,
They have the obligation to check the product at the time of delivery and that a report must be drafted for obvious defects,
They have to notify within 5 days from the delivery date for latent defects, otherwise they will lose their right to claim,
The return shipping fee in case of exercising the right of withdrawal belongs to them,
Kocaeli Courts are authorized in case of dispute.

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