Impressum - eComony

Terms and Conditions

General Terms and Conditions of eComony Agency c/o Birkan Arikan, Aalener Str. 21, 72760 Reutlingen (hereinafter referred to as “the Agency”)

The subject of this agreement is the provision of services by the Agency in connection with advertising and the setup of online shops for the customer’s products/services on the platforms of Shopify and Meta Inc.

The Agency’s offer is directed exclusively to customers who are entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).

An entrepreneur in this sense is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

With regard to the services offered by the Agency, this means that the customer utilizes the Agency’s services in the exercise of their commercial or self-employed professional activity.

By entering into the agency agreement, the customer confirms that they are an entrepreneur within the meaning of § 14 BGB and are engaging the Agency in their capacity as such.

§ 1 Services of the Agency

The Agency provides the following services:

Services and consulting in the area of online shops on the Shopify platform.
Services and consulting in the area of social media marketing on the Meta Inc. platform.
Creation of creative advertising materials and banners.

§ 2 Customer’s Duty to Cooperate

The customer is subject to the following duties to cooperate:

The customer shall provide the Agency with all data and information required for the execution of the assignment. This includes, for example, providing source files in common file formats (optional), case studies, formulations, etc., in folders and documents approved by the Agency.
The customer is generally responsible for providing and approving all wording unless it has been expressly agreed that the wording shall be created by the Agency as an exception.
If, due to changes in Meta Inc.’s settings, adjustments need to be made by the customer, the customer shall make such changes immediately upon notification by the Agency.
The customer shall specify a marketing budget to the Agency. If reports indicate that an increase in the budget would be beneficial for performance, the Agency shall notify the customer. The customer shall then immediately inform the Agency whether and to what extent the budget shall be increased.

§ 3 Commencement, Term, and Termination of Contract

The commencement of the contract shall be agreed individually between the customer and the Agency.

The contract duration shall also be agreed individually between the customer and the Agency.
The right to extraordinary termination for good cause remains unaffected.

§ 4 Compensation and Payment Terms

The compensation consists of a fixed fee and a variable monthly fee (depending on the marketing budget spent) and shall be agreed individually between the customer and the Agency.

The agreed fees are net prices (collectively referred to as “agreed compensation”) and are subject to the applicable statutory value-added tax (VAT).

The customer shall receive from the Agency an invoice compliant with VAT regulations for the agreed monthly compensation.

Unless payment by bank transfer is agreed upon, the customer authorizes the Agency, until revoked, to collect the agreed monthly compensation by direct debit on the due date.

§ 5 Liability

The Agency shall only be liable for intent and gross negligence, except in cases of breach of essential contractual obligations, injury to life, body, or health, or claims under the Product Liability Act.

§ 6 Granting of Usage Rights

The Agency grants the customer, at the time of creation or acquisition, all transferable rights, in particular copyright usage rights, trademark rights, and name rights, to exploit the services rendered under this agreement and any related order documents (especially creative content pursuant to § 1 No. 2).

This includes all legal positions relating to ideas, drafts, and designs, free of third-party rights, for exclusive, unlimited use in terms of geography, content, and purpose, across all currently known and future media and types of use.

§ 7 Confidentiality

The Agency shall treat all confidential business matters of the customer that come to its knowledge with strict confidentiality.

This obligation of confidentiality shall continue indefinitely beyond the duration of this agreement.

§ 8 Final Provisions

Additions and amendments to this agreement, including any waiver of the written form requirement, must be made in writing.

Should any provision of this agreement be or become invalid, the validity of the remainder of the agreement shall not be affected. In place of the invalid provision, a regulation shall apply that most closely approximates the intent of the parties within the limits of the law. The same applies in the event of any contractual gaps.

This agreement is governed exclusively by the laws of the Federal Republic of Germany, to the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement—unless mandatory law provides otherwise—is Berlin.