ARTICLE 1: PARTIES

This agreement has been concluded between the BUYER who wishes to purchase an insurance product through the https://www.saglikturizmisigortasi.com website and the SELLER within the following terms and conditions.

SELLER

Title: Enki Sigorta Aracılık Hizmetleri A.Ş.
Address: Nispetiye Mah. Gazi Güçnar Sok. No:4 Kat:4 Ofis No:10 Beşiktaş, İstanbul
Phone: 0212 705 89 89
Email: [email protected]
Mersis No: 0335075688100001
Trade Registry No: 209723-5
Plate Registration No : T191016-LEL9

BUYER

Name:
Address: [ADDRESS]
Phone: +
Email:

ARTICLE 2: SUBJECT

The subject of this distance sales agreement is the determination of the rights and obligations of the parties within the framework of the Consumer Protection Law No. 6502, the Distance Contracts Regulation, the Regulation No. 28982 on Activities to be Evaluated within the Scope of Insurance, Insurance Contracts Made in Favor of Consumers and Insurance Contracts Concluded at a Distance (hereinafter collectively referred to as "Legislation") regarding the offer, policy and distance sales service in electronic form related to insurance products belonging to insurance companies with which the INTERMEDIARY has agreements, which the INTERMEDIARY will present to the BUYER through the "https://www.saglikturizmisigortasi.com" ("Website") website belonging to the INTERMEDIARY.

The BUYER will not be able to proceed to the next steps and will not be able to complete the policy offer and insurance product purchase transactions remotely in electronic form without confirming that they have read and accepted this agreement.

The BUYER accepts, declares and undertakes within the framework of this Agreement that they have been informed by the INTERMEDIARY in a clear, understandable and internet-appropriate manner about the name, title, full address, telephone and other access information of the INTERMEDIARY, the basic characteristics of the insurance product subject to sale, the sales price including taxes, payment method, delivery and return conditions and costs, etc., all preliminary information about the goods subject to sale, and the exercise of the "right of withdrawal" and how to exercise this right, official authorities to which they can convey their complaints and objections, etc., that they have confirmed this preliminary information in electronic form and subsequently purchased the insurance product.

The BUYER accepts and declares that they have authorized the INTERMEDIARY to process their personal data for and limited to the purposes of policy offer and sales transactions. In addition, the INTERMEDIARY may share the BUYER's personal data with public institutions and business partners when necessary, provided that it is limited to the purposes of this agreement.

ARTICLE 3: PRODUCT(S) SUBJECT TO SALE, PAYMENT INFORMATION AND DELIVERY

Information regarding the characteristics of the product (type and kind) varies according to the type of each insurance product, and the price of the product is displayed on the user's screen when the product is selected. This information has also been confirmed by the BUYER.

Payment Method: Credit Card, wire transfer/EFT payment are accepted.

The BUYER will be able to download the policy regarding the purchased insurance product in pdf format from the website. In addition, the policy will also be sent to the BUYER by the INTERMEDIARY via e-mail. The BUYER accepts, declares and undertakes that they will not make any request from the INTERMEDIARY in case the policy does not reach due to the e-mail address provided by the BUYER being incorrect or belonging to someone else.

ARTICLE 4: AGREEMENT DATE

This agreement is deemed to have been concluded at the moment the BUYER makes the payment required according to the insurance type they have selected.

ARTICLE 5: GENERAL PROVISIONS

The BUYER accepts, declares and undertakes that on the "https://www.saglikturizmisigortasi.com" website they know all the features of the product subject to the agreement, its basic characteristics, the risks it covers, that they have read and become informed about the preliminary information regarding the sales price and payment method and delivery, and have given the necessary confirmation in electronic form.

The BUYER declares and undertakes that the personal information they have provided within the framework of this Agreement is accurate. The BUYER is responsible for the accuracy of personal information. The BUYER is responsible for all damages that the INTERMEDIARY will suffer due to this information not being accurate.

The BUYER accepts, declares and undertakes that the information they provide is accurate, current and belongs to them or, although it belongs to third parties, the necessary explicit consent has been obtained by them to purchase insurance or individual pension products or to designate third parties as beneficiaries, and that in case a violation occurs regarding this information and the INTERMEDIARY suffers damage due to this violation, they will compensate the INTERMEDIARY's damages in cash and immediately.

In order for the coverage of the insurance product subject to the agreement to be deemed to have started, it is required that this distance sales agreement and the preliminary information form have been confirmed in electronic form and that the price of the product(s) has been paid by the BUYER by credit card. The parties accept, declare and undertake that if for any reason the price of the product(s) is not paid or is canceled in bank records, an insurance contract will not have been established between the parties.

In case the payment for the product(s) subject to the agreement is made by the BUYER by credit card, various legal risks, including the unauthorized and unlawful use of the credit card or bank card by unauthorized persons, that may arise from the BUYER and the credit card owner or the person to whom the product(s) will be delivered being different, belong to the BUYER. The BUYER accepts, declares and undertakes that they will not make any request from the INTERMEDIARY in case they suffer any damage in the mentioned situations.

The BUYER accepts, declares and undertakes that they will conduct transactions requiring a credit card through the "https://www.saglikturizmisigortasi.com" website with the consent of the credit card owner; otherwise they will be exclusively responsible for all kinds of costs and damages, including attorney's fees, that may arise from payment refund, failure to perform the service or similar reasons, and will hold the INTERMEDIARY free from all kinds of claims that may arise from these.

All intellectual property rights (copyright and other rights) including but not limited to the authority to exercise all financial rights regulated under the names of "Processing" in Article 21, "Reproduction" in Article 22, "Distribution" in Article 23, "Representation" in Article 24 and "Communication to the Public by Means of Transmitting Signals, Sounds and/or Images" in Article 25 of the Law on Intellectual and Artistic Works No. 5846, and the moral rights regulated under the names of "Right to Present to the Public" in Article 14, "Right to Attribution" in Article 15 and "Right to Prohibit Alteration of the Work" in Article 16 of the same law, over the source code, data code, software and database within the system and their developed versions of all software constituting the https://www.saglikturizmisigortasi.com website belong exclusively to the INTERMEDIARY without limitation of place, duration, content, medium and number, and cannot be copied without the written explicit consent of the INTERMEDIARY, processing or reverse engineering cannot be performed on all or part of it; all or part of the original and/or processed form cannot be reproduced directly or indirectly; cannot be published in any form or method; cannot be benefited from by representation directly or by means of transmitting signals, sounds or images in public places; cannot be used in digital environments and/or mobile devices, cannot be communicated to the public and cannot be made available to third parties; cannot be recorded on data storage devices to be produced with technical possibilities known on the Contract date and to be developed after the Contract date; cannot be used in any kind of audio-visual works and cannot be communicated to the public, exhibited, modified, adapted or translated by methods known on the Contract date or to be developed in the future, by means of transmitting signals-sounds and/or images or by re-publishing.

The BUYER accepts, declares and undertakes that they will not engage in acts, transactions or actions that stop or hinder the operation of the Website with spam, viruses, Trojan horses and similar other malicious software not limited to these, or will not be in any relationship with third parties who engage in such acts, transactions or actions.

The BUYER accepts and undertakes to check the clauses of the policy as of the moment they receive the service subject to this agreement.

If the bank or financial institution does not pay the premium amount to the relevant Insurance Company with which the INTERMEDIARY has an agreement due to the unauthorized or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a manner not arising from the fault of the buyer, the insurance contract will not start to produce provisions and will automatically become invalid.

The INTERMEDIARY will notify the relevant Insurance Company within (10) ten days after the withdrawal statement reaches them. The relevant insurance company may refund the price if the conditions specified in the general terms occur. In some mandatory insurance products, cancellation, withdrawal and refund are not applicable due to the general terms of the insurance product. (DASK, Travel, Traffic, Foreign Health Insurance, etc.)

Following the sale of the purchased insurance or individual pension product, disputes that may arise between the Insurance Company and the BUYER essentially regarding the use of the insurance cannot be attributed to the INTERMEDIARY, nor can the INTERMEDIARY be recourse to in such cases.

The BUYER accepts, declares and undertakes that regarding the scope, coverages and application of the insurance product they have purchased, regarding the insurance general and special terms, their only interlocutor is the insurance company providing the insurance coverage, that the INTERMEDIARY is only an agent and therefore has no effect on and no intervention in the general and special terms that constitute the content of the insurance contract including the information written on the policy, therefore the addressee of all demands regarding the insurance contract is the insurance company, and the INTERMEDIARY's activity consists solely of 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 the contract without giving any reason and without paying any penalty. This 14 (fourteen) day period starts from the day the contract is signed by the consumer. In order to exercise the right of withdrawal, the BUYER must notify the INTERMEDIARY in writing within this period through the contact information detailed below. Following the receipt of this notification by the INTERMEDIARY, the INTERMEDIARY will share confirmation information with the BUYER that the notification has been received and will forward the withdrawal request to the relevant Insurance Company. Subject to the Insurance Company's approval and compliance with legal legislation, the price of the product(s) subject to the right of withdrawal may be refunded to the BUYER in accordance with the payment method within 14 (fourteen) days following the date of receipt of the notification. In case the INTERMEDIARY fails to fulfill the above-mentioned obligations, the BUYER is not bound by the 14 (fourteen) day period to exercise the right of withdrawal. In any case, this period ends one year after the end of the withdrawal period.

Contact Information for Notification Regarding the Right of Withdrawal;

Enki Sigorta Aracılık Hiz.Ltd.Şti.

Nispetiye Mah. Gazi Güçnar Sok. No:4 Kat:4 Ofis No:10 34340 Beşiktaş/İstanbul

E-mail: [email protected]

Phone : 0212 705 89 89

The BUYER accepts, declares and undertakes that they know that the right of withdrawal cannot be exercised due to legal requirements that may be imposed on certain mandatory insurance products such as Travel Health, DASK and Traffic insurance, Foreign Health Insurance, and in the matters specified in the general terms of Foreign Health Insurance currently published on the https://www.saglikturizmisigortasi.com website and if these matters do not occur.

ARTICLE 7: COMPETENT COURT

In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where their residence is located are authorized up to the value announced by the Ministry of Customs and Trade. District/provincial consumer arbitration committees are authorized for consumer demands in accordance with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.

For BUYERS who do not have consumer status, Istanbul Central Courts and Execution Offices are authorized to resolve disputes that may arise from this Agreement between the parties.

This distance sales agreement has been read, accepted and confirmed by the parties in electronic form.