Distance Sales Contract
ARTICLE 1: PARTIES
This agreement is concluded between the BUYER who wishes to purchase insurance and individual pension products through the www.hamisigorta.com website and the SELLER, under the following terms and conditions.
ARTICLE 2: SUBJECT MATTER
The subject of this distance sales agreement is the determination of the rights and obligations of the parties in relation to the offer, policy and distance sales service in electronic form for insurance products of the insurance companies with which the INTERMEDIARY has agreements, to be provided by the INTERMEDIARY to the BUYER via the "www.hamisigorta.com" ("Website") internet site owned by the INTERMEDIARY, within the framework of Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and the Regulation on Activities to be Evaluated within the Scope of Insurance, Consumer-Friendly Insurance Contracts and Distance Insurance Contracts (No. 28982) (together referred to as "Legislation").
The BUYER may not proceed to the next steps or complete the policy offer and distance purchase of insurance products in electronic form without confirming that they have read and accepted this agreement.
The BUYER accepts, declares and undertakes that they have been informed by the INTERMEDIARY in a clear, understandable and internet-appropriate manner on the name, title, address, telephone and other contact details, the main characteristics of the insurance product, the sale price including taxes, the method of payment, delivery and refund conditions and costs, all pre-contractual information, the exercise of the "right of withdrawal" and how to use it, and the competent authorities for complaints and objections, that they have confirmed this information in electronic form and subsequently received the insurance product, within the framework of this Agreement.
The BUYER accepts and declares that they have authorised the INTERMEDIARY to process their personal data for policy offer and sales operations and for this purpose only. The INTERMEDIARY may also share the BUYER's personal data with public authorities and business partners where necessary, limited to the purposes of this agreement.
ARTICLE 3: PRODUCT(S) SUBJECT TO SALE, PAYMENT INFORMATION AND DELIVERY
Information on the product characteristics (type and kind) varies according to the type of each insurance or individual pension product, and the product price is displayed on the user screen when the product is selected. This information has also been confirmed by the BUYER.
Method of Payment: Only payment by credit card is accepted.
The BUYER may download the policy for the purchased insurance product in pdf format from the website. The INTERMEDIARY will also send the policy to the BUYER by e-mail. The BUYER accepts, declares and undertakes that they will not make any claim against the INTERMEDIARY if the policy does not reach them due to the e-mail address provided by the BUYER being incorrect or belonging to another person.
ARTICLE 4: CONTRACT DATE
This agreement shall be deemed to have been concluded at the moment the BUYER makes the payment required for the type of insurance they have selected.
ARTICLE 5: GENERAL PROVISIONS
The BUYER accepts, declares and undertakes that they are aware of all the characteristics and main features of the product and the risks it covers on the www.hamisigorta.com website, that they have read and are informed about the sale price, payment method and delivery, and that they have given the necessary confirmation in electronic form.
The BUYER declares and undertakes that the personal information they have provided under this Agreement is correct. The BUYER is responsible for the accuracy of personal information. The BUYER is liable for all damages that the INTERMEDIARY may suffer due to such information being incorrect.
The BUYER accepts, declares and undertakes that the accuracy and up-to-dateness of the information provided and that it belongs to them or to third parties (with the necessary explicit consent obtained by them for the purchase of insurance or individual pension products or to designate third parties as beneficiaries), and that they will compensate the INTERMEDIARY in full for any damage arising from a breach of this information.
For the insurance cover under the contract to be deemed to have commenced, this distance sales agreement and the pre-information form must have been confirmed in electronic form and the price of the product(s) must have been paid by the BUYER by credit card. The parties accept, declare and undertake that if the price of the product(s) is not paid for any reason or is cancelled in the bank records, no insurance contract will have been concluded between the parties.
Where payment for the product(s) is made by the BUYER by credit card, any legal risk arising from the BUYER being different from the cardholder or the person to whom the product(s) will be delivered, including unauthorised use of the credit or debit card by third parties, shall be borne by the BUYER. The BUYER accepts, declares and undertakes that they will not make any claim against the INTERMEDIARY if they suffer any damage in such cases.
The BUYER accepts, declares and undertakes that they will carry out transactions requiring a credit card on the www.hamisigorta.com website with the consent of the credit card holder; otherwise they shall be solely responsible for all costs and damages including legal fees that may arise from refund, non-performance of the service or similar reasons, and shall hold the INTERMEDIARY harmless from any claims arising therefrom.
All intellectual property rights (copyright and other rights) over the source code, data code, software and databases within the system constituting the www.hamisigorta.com website and their developed versions, including the economic rights under Articles 21–25 of Law No. 5846 on Intellectual and Artistic Works and the moral rights under Articles 14–16, belong exclusively to the INTERMEDIARY and may not be copied, processed, reverse-engineered, reproduced, distributed, represented, communicated to the public, used in digital or mobile environments, or made accessible to third parties without the INTERMEDIARY's prior written consent.
The BUYER accepts, declares and undertakes that they will not engage in any acts or operations that stop or obstruct the operation of the Website using spam, viruses, Trojan horses or similar malicious software, or have any relationship with third parties who do so.
The BUYER accepts and undertakes to check the policy clauses as of the time they receive the service under this agreement.
If the bank or financial institution does not pay the premium to the relevant Insurance Company with which the INTERMEDIARY has an agreement due to unauthorised or unlawful use of the BUYER's credit card by third parties through no fault of the BUYER, the insurance contract shall not take effect and shall become void automatically.
The INTERMEDIARY shall notify the relevant Insurance Company of the situation within ten (10) days of receipt of the withdrawal notice. The relevant insurance company may refund the price if the conditions set out in the general conditions are met. For some compulsory insurance products, cancellation, withdrawal and refund are not applicable under the general conditions (e.g. DASK, Travel, Motor Insurance).
Disputes that may arise between the Insurance Company and the BUYER regarding the use of the insurance following the sale of the purchased insurance or individual pension product cannot be attributed to the INTERMEDIARY, nor may the INTERMEDIARY be held liable in such cases.
The BUYER accepts, declares and undertakes that their sole counterparty in respect of the scope, coverage and application of the insurance product they have purchased and the general and special policy conditions is the insurance company providing the cover, that the INTERMEDIARY is only an agent and therefore has no influence or intervention on the general and special conditions constituting the insurance contract or the information on the policy, that all claims under the insurance contract must be addressed to the insurance company, and that the INTERMEDIARY's activity is solely an intermediation activity.
ARTICLE 6: RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of signing without giving any reason and without paying any penalty. This 14 (fourteen) day period starts from the day the consumer signs the contract. To exercise the right of withdrawal, the BUYER must notify the INTERMEDIARY in writing within this period via the contact details specified below. Upon receipt of this notice, the INTERMEDIARY will share confirmation of receipt with the BUYER and forward the withdrawal request to the relevant Insurance Company. Subject to the Insurance Company's approval and compliance with the law, the price of the product(s) subject to the right of withdrawal may be refunded to the BUYER within 14 (fourteen) days of the date of receipt of the notice, in accordance with the payment method. If the INTERMEDIARY fails to fulfil the above obligations, the BUYER is not bound by the 14 (fourteen) day period to exercise the right of withdrawal. In any case, this period expires one year after the end of the withdrawal period.
Contact details for withdrawal notices:
info@hamisigorta.com
0850 305 73 86
Maslak Mh. Eskibüyükdere Cd. Giz2000 Plaza Kat:2 Sarıyer İstanbul
The BUYER accepts, declares and undertakes that they are aware that the right of withdrawal cannot be exercised in certain compulsory insurance products such as Travel Health, DASK and Motor Insurance due to legal requirements and in the circumstances set out in the Travel Health and DASK Insurance general conditions published on www.hamisigorta.com.
ARTICLE 7: COMPETENT COURT
In the application of this Distance Sales Agreement, the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchased the goods or services and where their residence is located are competent, up to the value announced by the Ministry of Customs and Trade. District/provincial consumer arbitration boards are competent for consumer claims within the lower and upper limits specified in Article 68(1) of Law No. 6502 on the Protection of Consumers.
For BUYERS who do not qualify as consumers, Istanbul Central Courts and Enforcement Offices are competent for the resolution of disputes arising from this Agreement.
This distance sales agreement has been read, accepted and confirmed by the parties in electronic form.