General terms & conditions

1. Scope
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded with the agency (prawns & pixels, Ms. Karen Grebhan, Verweystraat 56, 3333VP Zwijndrecht, Netherlands) in the areas of brand consulting, brand strategy, brand conception, brand story, brand design, and brand experience.
(2) These GTC apply to both EU and international customers. They apply to all contracts concluded via the agency's online services, via email, online form, fax, etc., or directly with the agency, unless otherwise agreed between the parties.
(3) Consumers within the meaning of these GTC are natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
(4) Entrepreneurs are all natural or legal persons who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity.
(5) The contract language is German or English, as agreed.

2. Amendments to the General Terms and Conditions
(1) Amendments to these General Terms and Conditions will be offered to the customer in text form no later than two months before the proposed effective date. If the customer has agreed to an electronic means of communication with the agency as part of the business relationship, the amendments may also be offered by this means.
(2) The amendments offered by the agency will only become effective if the customer accepts them, if necessary by means of the deemed consent provided below.
(3) The customer's silence shall only be deemed acceptance of the amendment offer (provision of deemed consent) if:
a) the agency's amendment offer is made to restore compliance of the contractual provisions with a changed legal situation,
b) the customer has not rejected the agency's amendment offer before the proposed effective date of the amendments.
(4) For amendments that would significantly shift the agreed relationship between performance and consideration in favor of the agency, the customer's consent will be obtained by other means.

3. Contracting Parties
The contracting parties are the agency (prawns & pixels, Ms. Karen Grebhan, Verweystraat 56, 3333VP Zwijndrecht, Netherlands) and the customer.

4. Subject Matter
The subject matter of the contract is consulting services for brand strategy, brand conception, brand positioning, brand story, brand design, brand experience, as well as the development and implementation of brand personalities. The scope of services is determined by the respective offer and the service description.

5. Conclusion of Contract
(1) The agency's offers and cost estimates are subject to change and non-binding, unless expressly agreed otherwise. All prices quoted are exclusive of VAT at the applicable rate at the time of the order.
(2) Orders from the customer can be placed verbally, in writing by letter, email, communication via online services, or other communication services. The customer bears the transmission risk. The order placed by the customer is binding upon dispatch to the agency.
(3) The agency will confirm receipt of the order immediately by email. A contract with the client is concluded when the agency accepts the client's offer in writing.

(4) For quote requests, the client must provide at least their first name, last name, and email address.

6. Data Protection
(1) Personal data (e.g., title, name, address, email address) will be collected, processed, and stored by the agency exclusively in accordance with the provisions of Dutch data protection law, in particular the GDPR (General Data Protection Regulation), the Federal Data Protection Act (BDSG), and the Digital Services Act (DDG).
(2) Further information on data protection can be found in the agency's privacy policy on its website (www.pp.ls-dm.com).

7. Copyright and Rights of Use
(1) All brand concepts, brand stories, and brand strategies are subject to copyright. Ownership of concepts, designs, and final artwork is not transferred.
(2) The right to use the brand concepts, brand stories, and brand strategies shall only be transferred to the client upon full payment of the fee.
(3) The agency reserves the right to be named as the author and to maintain a publicly accessible reference list.

8. Remuneration and Payment Terms
(1) Remuneration for brand consulting services is based on the agreed flat rates or hourly rates, which are determined in writing prior to the order being placed.
(2) Payments must be made in euros (EUR). Payments are due immediately upon receipt of the invoice.
(3) In the event of late payments, the client will be deemed to be in default of payment after the payment deadline has expired without notice. The agency reserves the right to charge a processing fee of up to €10 gross in the event of default.

9. Right of Withdrawal and Cancellation (for Consumers in the EU)
Consumers have the right to withdraw from their contract within 14 days without giving any reason. Further information can be found in the cancellation policy.

10. Liability
(1) The agency is only liable for errors in the context of brand consulting in cases of gross negligence or intent.
(2) Liability for indirect damages or lost profits is excluded.
(3) For consumers from the EU, statutory liability applies in accordance with the provisions of EU consumer rights.

11. Place of Performance and Jurisdiction
(1) The place of performance for all claims arising from this contract is the Agency's registered office in Zwijndrecht, Netherlands.
(2) The place of jurisdiction for all disputes arising from this contract is Zwijndrecht, Netherlands, unless the customer is resident or domiciled in another country in which the contract is executed.
12. Final Provisions
(1) This contract is governed by Dutch law.
(2) Should individual provisions of this contract be invalid in whole or in part, the validity of the remaining provisions of the contract shall remain unaffected.

These General Terms and Conditions were prepared by the law firm Fischer-Battermann.

The content of this website was translated from German into English using Google Translate. We accept no liability for translation errors.