PROXIMITY SALES CONTRACT
ARTICLE 1- PARTIES
This Proximity Sales Contract (hereinafter will be referred to as “Contract”) has been made by and between Demir Sağlık ve Hayat Sigorta A.Ş. (hereinafter will be referred to as “SELLER”) and BUYER, who wishes to purchase insurance products on the website, subject to following terms and conditions and in compliance with Proximity Contracts for Financial Services Regulation.
All real and legal entities, eligible to exercise civil rights, who visit the website of seller or who request to use the services, presented herein, are deemed as BUYERS. Persons, who are not eligible to exercise civil rights, who are not at least 18 years of age or minors and restricted and incapacitated persons may only act through their parents and legal guardians. In this case, parent or legal representative is also deemed as BUYER.
In this Contract, SELLER and BUYER will be referred to as “Parties” collectively and “Party” individually.
ARTICLE 2 – THE SUBJECT MATTER OF CONTRACT
2.1. The subject matter of this Contract hereby is the determination of rights and obligations of the Parties within the framework of Law concerning Protection of Consumers, numbered 6502, Proximity Contracts Regulation and Regulation concerning Activities to be Accepted as Insurance, Insurance Contracts in Favor of Consumer and Proximity Insurance Contracts, numbered 28982 (collectively will be referred to as “Legislation”) related to proposal, policy and proximity sales service in electronic medium.
2.2. By marking “I have read and I accept Proximity Sales Contract,” BUYER will be deemed to have consented in compliance with Legislation.
BUYER will be unable to skip to following steps before confirmation of reading and acceptance of this Contract and will not be able to perform policy proposal and proximity insurance product purchase procedures in electronic medium.
2.3. BUYER hereby agrees, declares and undertakes within the framework of provisions of this Contract, that BUYER was informed concerning the name, commercial title, address, telephone and other access information, basic characteristics of insurance product, subject to sale, sale price, including all taxes, payment terms, delivery and return conditions and expenses, etc., and all preliminary information concerning the product, subject to sale and exercise of “withdrawal right” and the manner of exercise of the same, government bodies for submission of complaints and objections, etc., in a clear, understandable manner and in compliance with internet medium, confirmed these issues in electronic medium and purchased insurance product subsequently.
2.4. BUYER hereby agrees and declares that SELLER is granted the authority to process personal data for policy proposal and sale procedures and limited to this purpose. In addition, SELLER shall be entitled to share personal data of BUYER with public institutions and business partners when necessary for the purposes of this Contract.
In addition, BUYER hereby agres, declares and undertakes that BUYER is also bound with the provisions of Privacy Policy which is an annex to and indispensable part of this Contract.
ARTICLE 3- PRODUCT(S), SUBJECT TO SALE, PAYMENT INFORMATION AND DELIVERY
3.1. Information concerning product characteristics (nature and type), vary depending on the type of each insurance product and on selection of product, the cost of the product is displayed on user screen. This information has also been approved by BUYER.
3.2. Terms: Only credit card payments are accepted. BUYER hereby agrees, declares and undertakes that it will share a valid credit card information in a complete manner and it consented the storage of this information and the use of the same for payment procedure.
3.3. BUYER will be able to download the policy concerning purchased insurance policy from the website in pdf format. In addition, the policy will be sent to BUYER by SELLER via electronic mail. In case policy can not be delivered due to provision of a wrong email address or e-mail address of other persons by the BUYER, BUYER hereby agrees, declared and undertakes that he/she will not make any claims from SELLER.
ARTICLE 4 – THE DATE OF CONTRACT
This Contract hereby is deemed to have been made on the monent of payment, required to be made by BUYER depending on selected insurance type.
ARTICLE 5 - GENERAL PROVISIONS
5.1. BUYER hereby agrees, declares and undertakes that he/she knows all characteristics, basic properties and covered risks with respect to the product, subject to the case and read and learned preliminary information concerning sales price and payment terms and delivery, and provided necessary confirmation in electronic medium.
5.2. BUYER hereby declares and undertakes that the personal information, furnished hereunder, was correct. BUYER is responsible for accuracy of personal information. BUYER will be liable for all damages to be suffered by SELLER due to inaccuracy of this information.
BUYER hereby agrees, declares and undertakes that the information is correct, up-to-date and belongs to him/her or in case it belongs to third persons, in order to purchase insurance product or make third person beneficiaries, necessary consent had been obtained by him/her, in case of a breach concerning such information and in case SELLER suffers a damage due to this breach, he/she will indemnify all damages of SELLER in cash and in full.
5.3. For commencement of coverage concerning the insurance product, subject to Contract, Contract and preliminary information text must have been confirmed in electronic medium and the price of product(s) must have been paid by BUYER using a credit card. In case, for any reason, the price of product(s) is not paid or is cancelled on bank records, the Parties hereby agree, declare and undertake that no insurance contract will be deemed to have been established between the parties.
5.4. In case the payment for product(s), subject to Contract, is made by BUYER using a credit card, all kinds of legal risks, including the risks, which may arise from BUYER and credit card owner or the recipient of product(s) being different and unrightful and illegal use of credit card and bank card by unauthorized persons, shall belong to BUYER. BUYER hereby agrees, declares and undertakes that in case he/she suffers any damages due to these issues, he/she will not assert any claims from SELLER.
5.5. BUYER hereby agrees, declares and undertakes that in transactionbs, requiring a credit card on www.demirsaglik.com.tr website, he/she will only perform transactions on the consent of credit card holder, otherwise, he/she will be liable for all kinds of costs and damages, arising from payment refund, non-performance of service or similar causes, including attorney's fees, and will keep the SELLER harmless from all kinds of claims, arising from the same.
5.6. BUYER hereby agrees, declares and undertakes that he/she will not employ malicious codes, including, without limitation spam, virus and Trojan horses and acts, actions or transactions, which will stop or hinder the operation of website and will not engage any third persons, who are involved in acts, actions and transactions to this effect.
5.7. BUYER hereby agrees, declares and undertakes that as of the moment of purchase of the service, subject to this Contract, he/she will control all clauses of policy and policy special conditions.
5.8. In case the bank or financial institution does not remit the payment for premium amounts, due to urightful or illegal use of BUYER’s credit card by unauthorized persons, which is not caused by the fault of BUYER, insurance contract will not take effect and will become automatically invalid.
5.9. BUYER will comply with the terms and conditions of this Contract, law, moral values and customs and rules of integrity in all procedures to be performed on website.
5.10. All kinds intellectual property rights on all software, illustrations and designs, texts and logos and graphs belong to SELLER. It is strictly prohibited to copy information and/or software, used in the design, content of website and database creation and/or the use of the same beyond the purpose of using the service, subject to this Contract and the purpose of the use of Website, copying, distribution, processing and other use of all kinds of illustrations, texts, symbols, files, etc.
5.11. In case any provision of this Contract hereby is declared invalid or unenforceable by an authorized court or tribunal, the provision in question will be replaced with a valid provision, close to the objective of Contract. Other articles will remain unchanged.
5.12. SELLER is free to agree to provide the services, offered on website or not. If it deems necessary, it may temporarily suspend or permanently discontinue the services, provided over website or the website. It shall have o liability towards BUYER due to temporary suspension or permanent discontinuance of services or website.
ARTICLE 6 - RIGHT TO WITHDRAW
6.1. BUYER is entitled to withdraw from the Contract within 14 (fourteen) days without providing any reason and without paying any damages. This 14 (fourteen) day term starts on the date of approval of Contract by BUYER. For exercise of right to withdraw, BUYER is obliged to make a written notice to SELLER through the contact information, detailed below.
6.2. In case BUYER is not a consumer, BUYER shall not be entitled to exercise this right to withdraw. Non-consumer BUYER may only withdraw in accordance with clause 3 of Article 1430 of Turkish Commercial Code, numbered 6102. According to abovementioned article, insurance provider may withdraw from Contract before the commencement of liability of insurance company by paying half of the agreed premium. In case of partial withdrawal from Contract, the premium, payable by insurance provider is half of the premium, related to withdrawn part. In case the BUYER consumer is insured, along with rights, arising from Consumer legislation, this right may also be exercised.
ARTICLE 7- EXERCISE OF RIGHT TO WITHDRAW
7.1. The delivery of a notice, related to exercise of right to withdraw to BUYER in writing or via permanent data storer, within the withdrawal term, is sufficient.
7.2. In case withdrawal right is offered to consumer on the website, SELLER is obliged to promptly send a confirmation of receipt of withdrawal requests by BUYER, to the BUYER.
ARTICLE 8- OBLIGATIONS OF SELLER CONCERNING WITHDRAWAL
8.1. Within 30 (thirty) days of receipt of notice concerning exercise of right to withdraw, SELLER is obliged to return to BUYER all payments, except costs and amounts, specified in first clause of Article 11 of Proximity Contracts concerning Financial Services Regulation. In contracts, related to insurance, provisions in favor of BUYER, given in other legislation, are applied concerning return term.
8.2. SELLER is obliged to make all refunds at once to the payment means, used by BUYER during purchase in a proper manner without any costs and obligations to BUYER.
8.2. The declaration of BUYER concerning establishment of Contract, is determined and recorded in physical and electronic medium in compliance with used communication means. SELLER is obliged to adopt necessary measures for transmission of right to withdraw and determinations and records in electronic medium.
ARTICLE 9- OBLIGATIONS OF BUYER CONCERNING WITHDRAWAL
Within 30 (thirty) days after the date of delivery of withdrawal notice, BUYER is obliged to return all costs of Contract and services, performed hereunder and if any, costs, paid to a public institution and establishment or third persons and the amounts, payable in accordance with legislation, to SELLER. In case BUYER does not make necessary refunds and payments during this time period, it is deemed that the BUYER did not withdraw from Contract. Payable amount may not exceed the performed portion of service when compared to total cost of proposed service in Contract and may not be interpreted as a fine. In implementation of this clause, provisions in favor of BUYER, given in other legislation, are reserved.
ARTICLE 10- EFFECT OF EXERCISE OF RIGHT TO WITHDRAW ON AUXILIARY CONTRACTS
10.1. In case the BUYER exercises the right to withdraw, any auxiliary contracts, if any, will expire without any obligation of compensation or fine.
10.2. SELLER shall notify the exercise of right to withdraw by BUYER, to third person, who is a party to this Contract in writing or via permanent data storer.
Communication information for withdrawal notice:
DEMİR SAĞLIK VE HAYAT SİGORTA ANONİM ŞİRKETİ
MERSİS NO : 0278-0067-3850-0017
Adres : Büyükdere Cad. Özsezen İş Merkezi No: 124/B 34394 Esentepe
Şişli İstanbul
Telefon : 0212 288 68 51 – 0212 216 63 53
Faks : 0212 274 65 85
Elektronik Posta : info@demirsaglik.com.tr
KEP Adresi : demirhayat@hs03.kep.tr
10.3. BUYER hereby agrees, declares and undertakes that due to legal requirements, which may be imposed on certain mandatory insurance products, such as travel health insurance and the issues, published on www.demirsaglik.com.tr website, and in case these issues are not satisfied.
ARTICLE 11- FORCE MAJEURE
Force majeure will be interpreted as events beyond reasonable control of parties, including, without limitation, natural disasters, riots, war, coup d’etat, coup attempt, strike, lockout, disorders, caused by telecommunication infrastructure, power outage, epidemics and adverse weather conditions. SELLER may not be held liable for delayed or incomplete performance or failure in performance of any of its obligations hereunder.
ARTICLE 12 – THE SUSPENSION AND TERMINATION OF THE CONTRACT
12.1. SELLER may temporarily and permanently discontinue the use of website by BUYER in case BUYER fails to comply the terms and conditions of this Contract, Privacy Policy and the rules and terms, declared in website and, in case any contents, incorporated in the website constitutes a risk in legal, technical and in particular information security sense or is prejudicial to personal and commercial rights of third persons.
12.2. In case the breach in question is not remedied by BUYER despite notice by SELLER, this Contract will be deemed to have been terminated unilaterally by SELLER.
ARTICLE 13- AUTHORIZED COURT
13.1. In the implementation of this Contract, Consumer Arbitration Panels and Consumer Courts in the venue of purchase of goods of services by BUYER or in the native city of BUYER, up to the value, declared by Ministry of Customs and Commerce, will be authorized. In line with lower and upper limits, specified in the first clause of Article 68 of Law Concerning Protection of Consumers, numbered 6502, county/province consumer arbitration panels are authorized concerning consumer claims.
13.2. For non-consumer BUYERS, the courts and execution offices of Istanbul Çağlayan are authorized to settle any disputes, which may arise between the parties from this Contract.
ARTICLE 14 - SERVICE
All notices to be sent concerning services, offered in the website hereunder, will be made to the e-mail address, specified by BUYER to SELLER. BUYER hereby agrees, declares and undertakes that all addresses, notified to SELLER, are valid service addresses and in case of a change of address, will notify the same promptly to SELLER.
ARTICLE 15 - TAKING EFFECT
This Contract hereby, consisting of 15 (fifteen) articles and 6 (six) pages, has been read, agreed and acknowledged by the Parties in electronic medium.
SELLER reserves the right to make revisions on this Contract hereby and Privacy Policy, which is an inseparable part hereof, and the provisions of the same. The revisions in question will be effective and binding starting from the date of publication in the website of SELLER. It is the responsibility of BUYER to follow the revisions. BUYER hereby agrees and declares that SELLER is not obliged to notify buyer concerning these revisions.
BUYER hereby agrees and declares that he/she is not entitled to assert any claims against SELLER for such revisions.
BUYER hereby agrees and declares that he/she will regularly control the Privacy Policy and Proximity Sales Contract, published in the website and by continuing to use the services, will be deemed to have accepted such revisions.
