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 General Terms and Conditions apply to both EU and international customers. They apply to all contracts concluded through the agency's online offerings, via email, online form, fax, etc., or directly with the agency, unless otherwise agreed upon separately between the parties.

(3) Consumers within the meaning of these General Terms and Conditions are natural persons who conclude 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 shall be German or English, as agreed.

2. Changes to the Terms and Conditions

(1) Amendments to these Terms and Conditions will be offered to the Customer in text form at least two months before their proposed effective date. If the Customer has agreed to an electronic means of communication with the Agency within the scope of the business relationship, the amendments may also be offered by this means.

(2) The changes offered by the Agency shall only become effective if the Customer accepts them, if necessary by means of the fiction of consent regulated below.

(3) The customer’s silence shall only be deemed acceptance of the change offer (presumption of consent) if:

• a) the Agency’s offer of amendment is made in order to restore the conformity of the contractual provisions with a changed legal situation,
• b) the Client has not rejected the Agency’s offer of changes before the proposed date on which the changes take effect.

(4) In the case of changes that would significantly shift the agreed ratio of performance and consideration in favor of the Agency, the Customer’s consent will be obtained by other means.

3. Contracting party

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

4. Subject matter of the contract

The contract covers consulting services for brand strategy, brand conception, brand positioning, brand story, brand design, brand experience, and the development and implementation of brand personalities. The scope of services is determined by the respective offer and 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) The customer may place orders verbally, in writing by letter, email, communication via online services, or other communication services. The customer bears the risk of transmission. The customer's order is binding upon dispatch to the agency.

(3) The agency will confirm receipt of the order promptly by email. A contract with the customer is concluded when the agency accepts the customer's offer in writing.

(4) For requests for offers, the customer must provide at least his first name, his last name and his email address.

6. Data protection

(1) Personal data (e.g. title, name, address, e-mail address) will be processed 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) collected, processed and stored.

(2) Further information on data protection can be found in the Agency’s privacy policy on the 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, drafts, 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 customer after full payment of the remuneration.

(3) The Agency reserves the right to be named as the author and to maintain a publicly accessible list of references.

8. Remuneration and payment terms

(1) Remuneration for brand consulting services shall be based on the agreed lump sums or hourly rates, which shall be determined in writing prior to the commissioning.

(2) Payments shall be made in euros (EUR). Payments are due immediately upon receipt of the invoice.

(3) In the event of late payments, the customer will be deemed to be in default of payment without notice after the payment deadline has expired. The agency reserves the right to charge a processing fee of up to €10 gross in the event of late payment.

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 shall only be liable for errors in the context of brand consulting in the event of gross negligence or intent.

(2) Liability for indirect damages or lost profits is excluded.

(3) For consumers from the EU, statutory liability shall apply 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 , the Netherlands, unless the customer has his residence or registered office in another country in which the contract is executed.

12. Final provisions

(1) This contract shall be 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.

Reference to the EU platform for dispute resolution (ODR platform)

The European Union provides an online platform (ODR platform) for the out-of-court settlement of consumer disputes at http://ec.europa.eu/odr . We are not obligated and generally unwilling to participate in dispute resolution proceedings before a consumer arbitration board.

Notice according to the Consumer Dispute Resolution Act (VSBG)

The provider is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

These terms and conditions were drawn up by the law firm Fischer-Battermann . The content of this website was translated from German into English using Deepl. We accept no liability for translation errors.