Distance Selling Agreement

1. Parties

SELLER: Şahan Design, whose details are set out below.

BUYER: the person or organisation identified by the full name or trade name, address, tax details and contact details given at the checkout step. These details are stored in the order record.

Seller details

Email: abdullah@sahandesign.com

Phone: +90 312 911 20 37

Address: Kızılırmak Mh. Dumlupınar Bulvarı, YDA Center No: 9A/158 Çankaya, Ankara

2. Definitions

Service: the design, software, marketing or intermediary service that appears in the order summary and whose scope is defined on the relevant service page.

Panel: the online area provided by the Seller, where the Buyer tracks their orders, files, correspondence and process steps.

Brief: the full set of brand information, content, visuals, technical data and requests that the Buyer provides for carrying out the service.

First Presentation: the first concept, design or proposed deliverable sent to the Buyer as part of the service.

Revision: a correction or improvement made within the approved direction.

Scope Change: a change to the approved direction or to the scope of the order. It is treated as new work.

Credit: the unit added to the Buyer's account under a monthly package and spent in exchange for items on the service menu.

Consumer: a natural or legal person acting for non-commercial or non-professional purposes.

Business Buyer: a natural or legal person acting for commercial or professional purposes.

3. Subject and scope of the agreement

The subject of this agreement is the rights and obligations of the parties relating to the provision of the service that the Buyer orders electronically through the site.

The scope consists of the items in the order summary and the package content published on the relevant service page. The package content and price at the time of the order are entered in the order record. Later changes do not affect an order that has already been formed.

Requests outside the scope are not covered by this agreement. They are priced separately and processed as a new order with the Buyer's approval.

4. Types of service

This agreement covers the following types of service. The specific provisions that also apply to each type are set out in the relevant clauses:

a) One-off services: logo, brand identity, packaging, catalogue, poster, website, e-commerce infrastructure, custom software and similar project-based work. b) Monthly renewing services and credit packages: social media management, ad management, SEO and monthly design packages (clause 13). c) Intermediary and application services: trademark registration applications, barcode registration and similar work whose outcome depends on decisions by third-party institutions (clause 14). d) Software and digital infrastructure services: development, set-up, integration and maintenance (clause 15).

5. Orders and formation of the agreement

The agreement is deemed formed when the Buyer confirms, at the checkout step, that they have read and accepted the Pre-Contract Information Form and this agreement. The date and time of the confirmation, the IP address and the version of the text confirmed are stored in the order record.

The Seller reserves the right not to accept an order. Where there is insufficient capacity, the scope is unsuitable, payment cannot be verified or unlawfulness is suspected, the order is cancelled and the amount collected is refunded.

Where an order is placed at an unrealistic price as a result of a system error or an obvious typographical error, the Seller may cancel the order by notifying the Buyer of the situation immediately. The amount collected is refunded.

6. Price and payment

The grand total shown in the order summary is the price including all taxes. Prices shown on the storefront exclude value added tax. The tax is added at the payment step and shown in the grand total.

Payment plan: For one-off items, half of the price is collected as a deposit at the time of the order and the other half on delivery. The Buyer may, if they wish, pay the full price at the time of the order. Items that renew monthly are charged at the start of each period.

Payment methods: credit or debit card (with 3D Secure), bank transfer and, where available, instalment options. When paying by card, card details do not reach the Seller. They are processed by the payment institution. When paying by bank transfer, the order number must be entered in the payment reference field. Otherwise, matching the payment to the order may be delayed.

Instalments: For payments in instalments, the instalment charge applied by the bank is borne by the Buyer and is shown at the payment step.

Discounts and coupons: Coupon and package benefits are applied according to the conditions in force at the time of the order. In the event of a refund, the refund amount is calculated on the amount actually collected after the discount was applied. Coupons cannot be exchanged for cash or transferred.

Late payment: If the remaining balance is not paid at the delivery stage, the Seller may suspend delivery and the transfer of usage rights until the balance is paid.

7. Performance and delivery

Work starts once the deposit has reached the Seller and the Buyer has completed the brief.

The delivery time is stated on the relevant service page. Where it is not stated, performance is completed no later than thirty days after the date on which the agreement is formed. This period is extended by the length of any delays attributable to the Buyer.

Delivery takes place when the ordered deliverables are sent to the Buyer digitally through the panel. If any items require physical delivery, the shipping cost and delivery time are shown separately in the order summary.

The file formats delivered to the Buyer are listed on the service page. Unless otherwise stated, working files (source files) are included in the delivery. Fonts and images licensed from third parties are subject to clause 10.

8. Buyer's obligations and suspension

The Buyer is obliged to provide a complete brief, supply the necessary content and visuals, give feedback within a reasonable time and maintain communication through the panel.

The Buyer is deemed to hold the usage rights to the content, visuals, text and trademarks they provide. The Buyer bears all liability arising from any infringement of third-party rights.

Suspension: If the brief, content or feedback expected from the Buyer is not provided for thirty days, the project is suspended and the Buyer is informed. A suspended project resumes from where it left off if the Buyer requests this within ninety days. At the end of ninety days, the project is closed. In that case, the value of the work completed is set off against the deposit and any remaining amount is refunded. If a closed project is to be restarted, a new order is created.

9. Revisions and scope changes

Revision support is provided as part of the service. A revision is a correction or improvement made within the approved direction (such as text, colour, proportion, layout or typography).

The following are not revisions but scope changes, and are priced separately: - Abandoning the approved direction and requesting a new concept - Adding new products, pages, variations or formats not included in the scope of the order - Changing the brand name, target audience or core direction - Change requests received after delivery

Revision requests are sent through the panel. Stages finalised with the Buyer's written approval form the basis of the following stages. Returning to an approved stage is treated as a scope change.

10. Intellectual property

The usage rights in the work ordered are transferred to the Buyer once the price has been paid in full. The Buyer acquires no usage rights in drafts and presentations sent before the price has been paid in full.

The rights transferred cover perpetual and unrestricted use of the work in the Buyer's commercial activities. If the Buyer wishes to license or sell the delivered work to third parties, a separate written agreement is required.

Alternatives not presented: Rights in concepts and alternatives not selected by the Buyer remain with the Seller.

Third-party materials: Fonts, stock images, icons and plug-ins used in the work belong to their respective licensors. Unless otherwise stated in the order summary, the licences needed for continued use of these materials are obtained by the Buyer. The Seller provides a list of the materials used together with the delivery.

Use as a reference: The Seller may use the completed work as a reference in its own promotional channels. If the Buyer does not want this, they may make a request to that effect by written notice. This request will be honoured.

Originality: The Seller declares that the work it delivers is its own creation and, to the best of its knowledge, does not infringe the rights of third parties. The Seller is under no obligation to carry out an official search for similarity with registered trademarks. No guarantee of trademark registration is given (clause 14).

11. Right of withdrawal

11.1 A Buyer who is a Consumer has the right to withdraw from the agreement within fourteen days of the date it is formed, without giving any reason and without paying any penalty.

The withdrawal notice is given within the period, in writing or on a durable medium, to the email address in clause 1. Within fourteen days of receipt of a valid notice, the amount collected is refunded by the payment method used.

11.2 Cases where the right of withdrawal cannot be exercised. Under Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the Buyer's explicit consent before the withdrawal period ends.

If, at the checkout step, the Buyer separately confirms the statement "I agree to the service starting before the withdrawal period ends and I understand that by giving this consent I will lose my right of withdrawal", the Buyer loses the right of withdrawal from the moment work begins. If this consent is not given, work starts at the end of the fourteen-day period and the Buyer may exercise the right of withdrawal throughout that period.

This consent is obtained through a separate tick box, which is not pre-ticked, and the text of the consent is entered in the order record.

11.3 Business Buyers. Buyers acting for commercial or professional purposes do not benefit from the right of withdrawal under consumer legislation. The cancellation and refund terms in clause 12 apply to these Buyers.

12. Cancellation, refunds and the First Presentation Assurance

12.1 For cancellations made before work starts, the deposit is refunded in full.

12.2 First Presentation Assurance. If work has started but the First Presentation has not yet been sent, the Buyer may request cancellation. In that case, the value of the work completed is set off against the deposit. The set-off cannot exceed half of the deposit, and the remaining amount is refunded.

12.3 After the First Presentation. For cancellations after the First Presentation has been sent, the deposit is not refunded, the remaining balance is not collected and the work produced is not delivered to the Buyer. All rights in the work remain with the Seller.

12.4 Cancellation by the Seller. If the Seller is unable to provide the service, the full amount collected is refunded and any work completed is delivered to the Buyer free of charge.

12.5 Refund period and method. Refunds are made within fourteen days at the latest, by the payment method used. For payments in instalments, the refund is reflected in line with the bank's procedure and the instalment schedule.

12.6 For intermediary services, official fees paid to third-party institutions are excluded from refunds (clause 14).

13. Monthly renewing services and credit packages

13.1 Scope. Ongoing services such as monthly design packages, social media management, ad management and SEO fall under this clause. For Buyers who are Consumers, this is without prejudice to the provisions of the Subscription Contracts Regulation.

13.2 Credit system. With monthly packages, the credit included in the package is added to the Buyer's account at the start of each period. Credits are spent in exchange for items on the published service menu. The credit values in the menu are published in the panel. The value at the time of a request is locked for that request, and any later change does not apply to it.

13.3 Credit rollover. Unused credits do not expire during the commitment period and roll over to the next period.

13.4 Advance credit. When the Buyer's available credit runs out, an advance of up to one month's package credit may be used. The advance is deducted from the next period's top-up.

13.5 Excess usage. Once the advance limit has also been used up, additional requests are neither processed nor charged for without the Buyer's explicit approval, given in the panel after seeing the unit price. Approved excess usage items are invoiced separately at the end of the period.

13.6 Payment and suspension. If the fee for a period is not paid when due, a three-day grace period is given. If payment is still not made within that time, the acceptance of new requests is suspended. Work already started is completed. Once payment is made, the service resumes from where it left off. If a late payment charge is applied, its rate cannot exceed the limit set in the relevant legislation.

13.7 Commitment period and termination. Packages are offered with a six-month commitment period. - In contracts with a commitment period of less than one year, a Buyer who is a Consumer may terminate the contract if the Seller changes the contract terms or if there is a valid reason preventing them from using the service. In contracts with a term of one year or longer, the Buyer may terminate at any time, without giving any reason and without paying any penalty. - If a subscription with a commitment is terminated before the end of its term, the amount that may be claimed from the Buyer cannot exceed either the total of the discounts given because of the commitment or the fee for the remaining period. This is without prejudice to the upper limit set in the relevant legislation. - For Business Buyers, the commitment period is binding. In the event of early termination, the fee for the remaining period becomes due immediately.

13.8 Notice of termination. Notice of termination may be given through the panel or in writing. The Seller provides a facility in the panel, accessible at all times, for handling termination requests. Termination takes effect at the end of the period following receipt of the notice. The fee for the current period is not refunded.

13.9 Renewal. At the end of the commitment period, the agreement is not automatically extended for the same term. Renewal takes place at the Buyer's request or with the Buyer's explicit consent. No fee is charged for services provided without such consent.

13.10 Credits at the end of the term. If the Buyer renews, credits unused at the end of the commitment period roll over to the new period. If there is no renewal, the credits can be used for services within the final period. Unused credits are not converted into cash or refunded. This rule is also shown separately at the checkout step.

13.11 Price changes. During the commitment period, no changes to prices or terms are made to the Buyer's detriment. The price that will apply in a renewal period is notified to the Buyer before the renewal is approved.

14. Intermediary and application services (such as trademark registration and barcodes)

14.1 Nature of the service. For these services, the Seller provides the service of preparing and handling the application. The acceptance, rejection or outcome of the application lies within the authority of third-party institutions and cannot be guaranteed by the Seller.

14.2 Official fees. Official application, publication and registration fees paid to the relevant institutions are not included in the service price. Unless the order summary expressly states otherwise, they are paid by the Buyer. Official fees paid to an institution are not refunded, regardless of the outcome of the application.

14.3 Rejection and opposition. If the application is rejected, opposed or restricted on grounds of similarity, the Seller's service fee is not refunded. The service provided is deemed performed. Opposition and response procedures are priced as separate services.

14.4 Preliminary search. On request, a preliminary similarity search is offered as a separate service. The result of a preliminary search does not constitute a guarantee as to the outcome of registration.

14.5 Timescales. Timescales for these services depend on the workings of the relevant institutions. The Seller makes no commitment regarding these timescales.

14.6 Accuracy of information. The Buyer is responsible for the accuracy of the information used in the application. The Seller cannot be held liable for losses arising from incorrect or incomplete information.

15. Software and digital infrastructure services

15.1 Delivery and acceptance. Delivery takes place when the agreed functions are made available to the Buyer in working order. If the Buyer does not give written notice within fifteen days of delivery, the delivery is deemed accepted.

15.2 Error correction period. For thirty days from delivery, errors within the delivered scope are corrected free of charge. This period is not a maintenance service. New features, scope extensions and content updates are outside its scope.

15.3 Third-party services. The costs and continuity of third-party services such as the domain, hosting, payment infrastructure, email and APIs are the Buyer's responsibility. The Seller is not responsible for outages, price changes or policy changes affecting these services.

15.4 Legal compliance. Legal obligations relating to the Buyer's business (distance selling documents, KVKK, ETBİS registration, tax and sector-specific permits) are the Buyer's responsibility. The Seller provides the technical infrastructure. It does not give any declaration of legal compliance.

15.5 Source code. Unless otherwise stated in the order summary, once the price has been paid in full, the right to use the source code written specifically for the project passes to the Buyer. General-purpose components and libraries developed by the Seller itself are outside the scope of this transfer. The Buyer is granted a perpetual right to use these.

15.6 Data and backups. After delivery, unless there is a separate maintenance contract, the operation of the system and the backup and security of data are the Buyer's responsibility.

16. Printing and production

Unless otherwise stated, the Seller delivers print-ready digital files. Printing, cutting and production work is not part of the service.

The Buyer's written approval is obtained before printing. The Seller is not responsible for errors that appear in printing carried out from the approved file.

The Seller cannot be held liable for colour differences, cutting misalignment or material variations caused by the printer during the printing process. The Buyer is aware that differences may arise between on-screen colours and printed colours.

Where the Seller provides a printing service as an intermediary, the relevant item is shown separately in the order summary and the production terms for that item are notified separately.

17. Subcontractors and team

The Seller may carry out all or part of the service through designers, developers or suppliers of its choice. In that case, the Seller remains responsible to the Buyer. The Buyer's counterparty is the Seller.

Where subcontractors are involved, the Buyer's confidential information is shared subject to the same duty of confidentiality.

18. Confidentiality

The parties keep confidential, and do not share with third parties, the commercial information, brand plans, prices, technical data and strategy information they learn during the term of the agreement. This obligation continues after the agreement ends.

Information that has become public, information disclosed because of a legal requirement and use as a reference under clause 10 are excluded from this obligation.

19. Limitation of liability

The Seller's total liability under this agreement cannot exceed the price collected for the relevant order. The Seller cannot be held liable for loss of profit, loss of business, loss of reputation or indirect losses.

This limitation does not apply in cases of wilful misconduct or gross negligence by the Seller, or to the extent that it conflicts with the mandatory provisions of consumer legislation.

20. Force majeure

In circumstances beyond the parties' control, such as natural disasters, war, epidemics, general strikes, decisions of official authorities, and infrastructure or communication outages, obligations are suspended for as long as the impediment lasts. If the force majeure event lasts longer than thirty days, either party may terminate the agreement. In that case, the price of the part already performed is calculated and any excess is refunded.

21. Notices and communication

The official channel of communication between the parties is the panel. Notices given and files sent through the panel serve as written notice and are recorded.

Notices sent to the email address the Buyer gave at the checkout step are deemed valid. The Buyer keeps their contact details up to date through the panel.

22. Protection of personal data

Personal data processed during the ordering process is processed only for the purposes, on the legal grounds and for the retention periods set out in the Data Protection Notice (KVKK). The Buyer may exercise their rights under the KVKK through the channels set out in that notice.

Commercial electronic messages are sent only if the Buyer gives separate explicit consent, and every message offers a way to opt out.

23. Changes to the agreement

The Seller may update this agreement. Updates apply only to orders placed after they come into force. Orders already placed remain subject to the version in force at the time of the order. For each order, the version number and the text that were confirmed are stored in the order record.

24. Assignment

The Buyer may not transfer their rights and obligations under this agreement to third parties without the Seller's written consent.

25. Dispute resolution

For disputes arising from this agreement, the Provincial and District Consumer Arbitration Committees at the Buyer's place of residence or at the place of the transaction have jurisdiction within the monetary limits announced each year by the Ministry of Trade, and the Consumer Courts have jurisdiction above those limits.

Where the Buyer is not a Consumer, the courts and enforcement offices of Ankara have jurisdiction.

26. Entry into force

The agreement is deemed formed when the Buyer confirms, at the checkout step, that they have read and accepted the Pre-Contract Information Form and this agreement. The agreement ends when the parties have fulfilled their obligations. Provisions that by their nature continue (intellectual property, confidentiality, limitation of liability) remain in force.