General terms and conditions of business
General Terms and Conditions
Last updated: June 2026
1. Scope
These General Terms and Conditions, hereinafter referred to as the “Terms”, apply to all contracts, orders, bookings, consultations, agency services, digital content, deliveries of goods, and other services concluded between SaleStudia and its customers.
These Terms apply in particular to:
- marketing and sales consulting;
- development of digital strategies;
- search engine optimisation and SEO audits;
- Google Ads, Google Shopping, and YouTube Ads;
- Facebook, Instagram, TikTok, Pinterest, and X advertising;
- social-media management;
- content production;
- copywriting, image, graphic-design, photography, and video services;
- branding, logo design, and banner design;
- web design and website development;
- creation and management of online shops;
- IT, hosting, maintenance, and support services;
- digital products and digital content;
- the sale and delivery of physical goods;
- marketplace and intermediary services;
- other services described on the website or in individual offers.
Individual agreements, offers, service descriptions, order confirmations, and project contracts take precedence over these Terms where they contain different provisions.
Conflicting or differing terms and conditions of the customer shall become part of the contract only where SaleStudia has expressly agreed to their application in text form.
2. Provider and contracting party
Unless another provider is expressly identified on the relevant product or service page, the provider of the services and the contracting party is:
SaleStudia
Proprietor: Alona Yanchenko
Talstraße 4
65510 Idstein
Germany
Telephone:
+49 157 52911412
Email:
info.salestudia@gmail.com
3. Consumers and business customers
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
A business customer is a natural person, legal entity, or partnership with legal capacity that enters into the contract in the course of its commercial or independent professional activity.
Where individual provisions of these Terms apply expressly only to consumers or business customers, this is stated in the respective provision.
4. Order of precedence of contractual documents
In the event of inconsistencies between different contractual documents, the following order of precedence shall apply:
- individual agreement or signed project contract;
- order confirmation or accepted offer;
- specific product or service description;
- these General Terms and Conditions;
- other policies published on the website.
5. Contract language
The contract language is generally German unless another contract language has been expressly agreed.
Translations of these Terms are provided for ease of understanding. In the event of discrepancies, the German version shall prevail unless mandatory statutory provisions or an individual agreement expressly concluded in another language provide otherwise.
6. Conclusion of contracts in the online shop
The presentation of goods, digital products, and services in the online shop does not constitute a legally binding offer. It is an invitation to the customer to submit an order.
The customer may select products or services, place them in the shopping basket, and review and correct the information entered before submitting the order.
By clicking the final order button, the customer submits a binding offer to enter into a contract concerning the products or services contained in the shopping basket.
Receipt of the order is generally confirmed automatically by email. An automatic acknowledgement of receipt does not constitute acceptance of the offer unless the acceptance is expressly stated in that acknowledgement.
The contract is concluded when SaleStudia:
- expressly confirms the order;
- begins performing the ordered service;
- makes digital content available;
- dispatches the goods;
- or expressly accepts the payment in a manner that clearly constitutes acceptance.
SaleStudia may reject an order for an objective reason, including lack of availability, an obvious pricing error, a justified suspicion of fraud, incomplete customer information, or legal concerns.
7. Conclusion of contracts for individual agency services
Enquiries submitted by the customer through contact forms, email, telephone, messenger services, or social media do not constitute a binding contractual offer.
A contract concerning individual agency, consulting, development, or project services is concluded through:
- acceptance of an individual offer;
- signing of a project contract;
- an order confirmation;
- a clear written or electronic instruction to proceed;
- or the mutually agreed commencement of performance.
Offers are binding for the period stated in the offer. If no acceptance period is specified, the offer may be accepted within 14 calendar days.
8. Storage of the contract text
The order information and these Terms may be stored by Shopify and SaleStudia. The customer will generally receive the essential contractual information by email.
Customers with a customer account may be able to view certain order information within their account.
The customer is responsible for saving order confirmations, offers, invoices, and contractual documents for their own records.
9. Scope of services
The specific scope of services is determined by the relevant offer, contract, order confirmation, or product or service description.
Only expressly agreed services form part of the contract. Services, additions, corrections, adjustments, or extensions that have not been expressly agreed shall be subject to separate remuneration.
Information provided on the website, in promotional materials, presentations, preliminary discussions, or non-binding estimates does not constitute a guaranteed characteristic unless expressly agreed as a binding assurance.
10. No legal, tax, or financial advice
SaleStudia does not generally provide legal, tax, or financial advice.
Information relating to data protection, legal notices, advertising, contract drafting, company formation, taxation, or other legally relevant matters is provided only for general guidance and does not replace individual advice from appropriately qualified professionals.
Where legal, tax, or other specially regulated services are arranged through an external partner, the corresponding advisory contract is generally concluded with the expressly identified partner.
11. Project planning and performance dates
Project schedules and completion dates are binding only where they have been expressly agreed as binding.
Non-binding time estimates are provided for planning purposes and may change, particularly where:
- the customer provides required information late;
- approvals or feedback are not provided in time;
- the scope of services is subsequently changed;
- third-party providers or platforms cause delays;
- technical problems occur outside SaleStudia’s control;
- force majeure or comparable events occur.
Delays attributable to the customer shall extend agreed performance periods by an appropriate amount.
12. Customer cooperation obligations
The customer must provide all information, content, access credentials, documents, contact persons, and approvals required for performance completely, accurately, and on time.
This may include in particular:
- company and contact information;
- texts, images, videos, logos, and brand guidelines;
- target-group, product, and service information;
- access to websites, shops, domains, and hosting;
- access to advertising and analytics platforms;
- prices, delivery terms, and mandatory legal information;
- timely review and approval of drafts;
- notification of apparent errors or requested changes.
The customer shall appoint a contact person authorised to make decisions. Statements and approvals made by that contact person shall be deemed statements and approvals of the customer.
Additional work arising from late, incomplete, or incorrect cooperation by the customer may be charged separately following prior notification.
13. Access credentials and account security
Where SaleStudia requires access to accounts or platforms for contract performance, the customer should use partner access, user roles, or invitation functions wherever possible.
The customer should not disclose personal master passwords where a more secure form of access is available.
The customer must keep access credentials confidential and notify SaleStudia without delay if unauthorised access is suspected.
After completion of the project, the customer is responsible for removing access that is no longer required and changing passwords where appropriate.
14. Approvals and review obligations
Drafts, texts, advertisements, designs, websites, campaigns, print files, and other work results must be reviewed carefully by the customer before publication or productive use.
The review must include in particular:
- accuracy of content;
- prices and service information;
- contact details;
- spelling and translation errors;
- brand and product names;
- mandatory legal information;
- links, forms, and technical functions;
- display on relevant devices.
By granting approval, the customer confirms that the approved result corresponds to the customer’s substantive requirements.
This does not release SaleStudia from responsibility for its own culpable breaches of duty.
15. Approval periods for business customers
In dealings with business customers, SaleStudia may set a reasonable period for reviewing a work result.
If the business customer does not respond within the specified period despite a reminder and an express notice of the consequences, and does not identify any specific material defects, SaleStudia may assume for further project planning that there are no objections to the submitted version.
The statutory requirements for acceptance remain unaffected.
16. Revision rounds
The number of revision rounds included in the price is determined by the relevant offer or service description.
One revision round consists of consolidated change requests within the originally agreed scope of services.
The following shall be regarded as additional services subject to separate payment:
- additional revision rounds;
- complete redevelopment following an approval already granted;
- changes to the briefing or strategic direction;
- additional formats, pages, languages, or versions;
- changes to content that has already been published;
- work required due to information supplied subsequently.
17. Change requests and extensions
The customer may request changes or extensions to the project. SaleStudia shall assess whether and under what conditions they can be implemented.
A change request may affect remuneration, the project schedule, technical implementation, and agreed completion dates.
SaleStudia is not obliged to implement changes before agreement has been reached concerning the additional scope of services, remuneration, and any revised dates.
18. Third-party services
Third-party services and products may be used for contract performance, including:
- Shopify and Shopify applications;
- hosting and domain providers;
- Google, Meta, TikTok, Pinterest, and X;
- newsletter, CRM, and project-management services;
- stock photography, font, music, and video platforms;
- analytics, tracking, and consent-management tools;
- shipping, printing, and fulfilment providers.
The terms of use, licensing terms, and business terms of the relevant third party shall also apply to third-party services.
SaleStudia has no complete control over availability, pricing, changes in functionality, policies, account restrictions, or technical disruptions affecting such third parties.
SaleStudia shall not be liable for a breach of duty by a third party where SaleStudia selected the third party with due care and no separate breach of duty by SaleStudia exists.
19. Advertising budgets and third-party fees
Advertising budgets, licence fees, domain costs, hosting costs, application fees, delivery costs, production costs, and other third-party charges are included in SaleStudia’s remuneration only where expressly agreed.
Advertising budgets shall generally be borne in addition to the agency remuneration.
The customer is responsible for ensuring that the required payment methods are available in the relevant advertising or platform accounts in good time.
20. No guarantee of commercial success
SaleStudia provides marketing, SEO, advertising, social-media, and consulting services in accordance with professional standards and with reasonable care.
No particular commercial result is owed unless expressly agreed otherwise.
In particular, SaleStudia does not guarantee any specific:
- revenue or profit;
- number of enquiries, leads, or sales;
- cost per click or conversion rate;
- reach or follower numbers;
- search-engine rankings;
- approval by advertising platforms;
- account duration or permanent platform access.
Results depend on factors including market conditions, competition, budget, pricing, product quality, website quality, target audience, customer service, seasonality, and decisions made by external platforms.
21. Search engine optimisation
Search engines independently determine the indexing, display, and ranking of websites.
SaleStudia therefore cannot guarantee a particular ranking, indexing period, or permanent visibility.
Changes to search-engine algorithms may have a positive or negative effect on existing rankings.
22. Advertising platforms and account restrictions
Advertising platforms independently decide whether advertisements, products, accounts, and payment profiles are approved, restricted, rejected, or suspended.
SaleStudia owes professional setup and management within the agreed scope, but not permanent approval by a third-party platform.
Where an account restriction results from incorrect, incomplete, or unlawful information supplied by the customer, the customer shall bear the resulting additional costs to the extent that the customer is responsible for the cause.
23. Responsibility for the customer’s content and offers
The customer is responsible for the factual and legal permissibility of its products, services, prices, advertising claims, and information provided.
The customer warrants in particular that:
- information concerning products and services is accurate and complete;
- the advertised products and services may be offered lawfully;
- all necessary permits and approvals are available;
- pricing, delivery, and mandatory information is correct;
- supplied content does not infringe third-party rights;
- all necessary consent has been obtained;
- customer and contact data used has been collected lawfully.
SaleStudia may refuse to process or publish content where there are specific indications of legal infringements, deception, or breaches of platform rules.
24. Websites, online shops, and technical projects
The specific functionality of a website or online shop is determined by the agreed service description.
Compatibility with every browser, device, screen size, and operating system ever made available is owed only where expressly agreed.
Unless otherwise agreed, optimisation shall be carried out for current, commonly used browsers and devices at the time of completion.
Subsequent changes to browsers, platforms, interfaces, themes, plugins, or applications may require additional adjustments.
25. Domains, hosting, and external IT infrastructure
Where SaleStudia sets up domains, hosting, email services, or other infrastructure for the customer, the terms of the relevant provider shall additionally apply.
Where possible, domains and central customer accounts shall be registered directly in the customer’s name.
Ongoing fees for domains, hosting, applications, themes, plugins, licences, and external services shall be borne by the customer unless otherwise agreed.
Following handover, timely contract renewals and the maintenance of valid payment methods are generally the customer’s responsibility.
26. Maintenance and support
Ongoing maintenance, updates, backups, error monitoring, security checks, and technical support form part of the contract only where expressly agreed.
Work required after completion of a project shall be remunerated separately unless it concerns a defect reported within the applicable statutory warranty period.
In particular, no defect exists where a disruption was caused by:
- changes made by the customer or third parties;
- improper use;
- updates not being installed;
- expired licences;
- changes made by external platforms;
- malware or compromised access credentials;
- disruptions affecting the hosting or internet provider.
27. Use of employees and subcontractors
SaleStudia may engage qualified employees, freelancers, and subcontractors to perform the services.
SaleStudia remains responsible to the customer for performance in accordance with the contract.
Where subcontractors process personal data on behalf of SaleStudia, the agreements required under data protection law shall be concluded.
28. Marketplace and SaleStudia’s role
The SaleStudia marketplace may offer SaleStudia’s own products and services as well as products or services supplied by external partners.
The relevant contracting party shall be identified on the product or service page, during checkout, or in the order confirmation.
Where SaleStudia is identified as the seller or service provider, the contract is concluded directly with SaleStudia.
Where an external partner is identified as the seller or service provider, SaleStudia arranges the contract or provides technical, organisational, or payment-related platform services.
In this case, the contract concerning the relevant product or service is generally concluded with the expressly identified partner.
SaleStudia remains responsible for its own intermediary, platform, and payment processing obligations.
29. Services supplied by external marketplace partners
Products and services supplied by external partners may be subject to supplementary contractual terms of the relevant partner, provided that those terms have been made effectively available to the customer before conclusion of the contract.
Product-related questions, performance dates, warranty claims, and other claims relating to a partner contract must generally be directed to the relevant contracting partner.
SaleStudia shall provide reasonable assistance in identifying the appropriate contracting partner and forwarding enquiries.
Contracts between SaleStudia and marketplace providers are governed by separate partner or merchant agreements.
30. Prices
The prices stated in the relevant offer, online shop, or order confirmation shall apply.
Prices displayed to consumers are total prices including any legally applicable value-added tax.
Prices displayed to business customers may be stated as net prices plus the applicable statutory value-added tax.
Additional delivery, shipping, travel, licence, advertising, hosting, or third-party costs shall be stated separately or agreed individually.
31. Payment terms
For online orders, payment is generally due immediately during the ordering process unless another payment method has been agreed.
Invoices for individual agency and project services must be paid without deduction within 14 calendar days of the invoice date unless another payment period is stated on the invoice or in the offer.
SaleStudia may agree reasonable advance payments, interim payments, or milestone payments for projects.
Advance payments already made shall be credited against the total remuneration.
32. Late payment
The statutory provisions shall apply in the event of late payment.
Following a reminder and the unsuccessful expiry of a reasonable additional period, SaleStudia may temporarily suspend services not yet performed.
Agreed completion dates shall be extended appropriately in this case.
The customer remains obliged to pay for services already performed and third-party charges already incurred.
33. Set-off and rights of retention
The customer may set off only claims that are undisputed, have been finally adjudicated, or arise from the same contractual relationship.
Consumers remain entitled to set off claims arising from a withdrawal or defective performance.
The customer may exercise a right of retention only where the counterclaim arises from the same contractual relationship.
34. Delivery of physical goods
The delivery area, shipping method, shipping costs, and expected delivery times are determined by the relevant product description or shipping policy.
Delivery periods generally begin after conclusion of the contract and receipt in full of any agreed advance payment.
Partial deliveries are permitted where reasonable for the customer and where they do not result in additional shipping charges that were not agreed in advance.
35. Transfer of risk for goods
In dealings with consumers, the risk of accidental loss or accidental deterioration generally passes only when the goods are delivered to the consumer or a recipient designated by the consumer.
Where the consumer has personally instructed a carrier that was not previously identified by SaleStudia, the statutory special provisions shall apply.
In dealings with business customers, the risk in a sale involving carriage passes upon delivery of the goods to the carrier, to the extent legally permitted and unless otherwise agreed.
36. Retention of title
Delivered goods remain the property of SaleStudia or the expressly identified seller until the relevant purchase price has been paid in full.
In dealings with business customers, retention of title may also cover further outstanding claims arising from the ongoing business relationship where this has been expressly agreed in an individual contract.
37. Digital content and digital products
Digital content may be provided by download, link, email, customer account, cloud access, or another electronically agreed method.
The customer is responsible for providing the technical requirements necessary for use, including a suitable internet connection, current software, and sufficient storage capacity.
The specific functionality, file format, compatibility, and usage period are determined by the relevant product description.
In dealings with consumers, the mandatory statutory provisions concerning digital products shall apply, including provisions relating to conformity, updates, and warranty rights.
38. Commencement of performance before expiry of the withdrawal period
Consumers generally have a statutory right of withdrawal in distance contracts unless a statutory exception applies.
Where the consumer expressly requests that SaleStudia begin performing a service before expiry of the withdrawal period, a separate express declaration shall be obtained from the consumer.
The consumer shall be informed that, in the event of withdrawal, the consumer may be required to pay for the value of the services performed up to the time of withdrawal where the statutory requirements are met.
In the case of fully performed services, the right of withdrawal may expire under the statutory conditions.
In the case of digital content not supplied on a tangible medium, the right of withdrawal may expire under the statutory conditions where the consumer has expressly agreed to performance beginning before expiry of the withdrawal period and has acknowledged the loss of the right of withdrawal.
39. Consumers’ right of withdrawal
Consumers shall receive separate withdrawal information where they have a statutory right of withdrawal.
Details concerning the withdrawal period, exercise of the right, consequences of withdrawal, and the model withdrawal form are set out in the withdrawal information published on the website.
These Terms do not replace the separate withdrawal information.
40. Acceptance of work
Where the contract concerns the production of a specific work, the customer is obliged to accept the work following completion in accordance with the contract.
Acceptance may not be refused because of immaterial defects.
The customer must specifically describe apparent material defects and give SaleStudia a reasonable opportunity to remedy them.
For consumers, the statutory requirements concerning deemed acceptance shall apply, including any required notices in text form.
In dealings with business customers, work may be deemed accepted under the statutory requirements where SaleStudia sets a reasonable acceptance period after completion and the business customer does not refuse acceptance within that period by identifying at least one specific defect.
41. Termination of project and work contracts
Statutory termination rights remain unaffected.
Where the customer terminates a contract for work before completion, SaleStudia’s remuneration claims shall be determined in accordance with the statutory provisions.
SaleStudia must, in particular, deduct expenses saved and income earned elsewhere or maliciously not earned, where required by law.
Completed or usable partial services, bindingly commissioned third-party services, and costs that can no longer be cancelled must be paid for where a corresponding statutory or contractual entitlement exists.
42. Continuing contracts and notice periods
The term and notice period of continuing contracts, including social-media management, SEO, advertising, hosting, support, or maintenance contracts, are determined by the individual offer or contract.
Where no minimum term or notice period has been agreed, the statutory termination provisions shall apply.
The right to terminate for good cause remains unaffected.
43. Appointments and cancellations
Agreed consulting, production, or meeting appointments may be rescheduled or cancelled under the conditions stated in the relevant offer.
Where no individual cancellation terms have been agreed, the statutory provisions shall apply.
SaleStudia may claim only costs actually incurred and recoverable under the law. Saved expenses must be deducted.
The customer may demonstrate that no loss or a substantially lower loss was incurred.
44. Force majeure
Neither party shall be liable for delays or non-performance caused by events outside its reasonable control.
Such events may include in particular:
- natural events;
- war, terrorism, or governmental measures;
- strikes and industrial disputes;
- electricity, internet, or telecommunications failures;
- cyberattacks;
- large-scale platform or cloud outages;
- epidemics or comparable public-health situations;
- unforeseeable failure of essential service providers.
The affected party shall inform the other party within a reasonable period. Agreed dates shall be extended by the duration of the impediment plus a reasonable restart period.
If the impediment continues for so long that a party cannot reasonably be expected to remain bound by the contract, statutory withdrawal and termination rights remain unaffected.
45. Rights of use in work results
Copyright and related rights remain with their respective rights holders.
Following full payment, the customer receives the rights of use in the work results produced by SaleStudia as agreed in the relevant offer or contract.
Where the scope has not been expressly defined, the customer receives a non-exclusive, temporally and geographically unlimited right of use to the extent necessary to use the work result for the contractually intended purpose.
Exclusive rights, editing rights, resale rights, sublicensing rights, or rights to use the work as a template for third parties are granted only where expressly agreed.
Before full payment, use is permitted only where SaleStudia has expressly authorised it.
46. Logos, trademarks, and individual designs
The scope of rights in logos, brand elements, and individual designs is determined by the relevant offer.
The registrability under trademark law or worldwide availability of a sign is guaranteed only where an appropriate professional trademark search has been expressly agreed.
Trademark registration and legal examination are generally not included in a design service.
47. Editable files, source code, and production data
Editable working files, raw files, source code, development files, unedited photography or video material, and internal production documents form part of the delivery only where expressly agreed.
By default, only the final output formats stated in the offer are owed.
Separate remuneration may be agreed for the delivery of additional raw or source files.
48. Third-party materials and licences
Work results may contain third-party components, including:
- fonts;
- stock photographs and stock videos;
- music and sound effects;
- themes, templates, and plugins;
- software libraries;
- icons and illustrations.
The licensing terms of the relevant provider shall apply to these components.
The customer receives only those rights that are transferable or usable for the agreed purpose under the relevant third-party terms.
Ongoing licence or renewal fees shall be borne by the customer unless otherwise agreed.
49. Content supplied by the customer
The customer warrants that it holds all necessary rights in all texts, images, videos, logos, trademarks, music, data, reviews, and other materials supplied by it.
The customer grants SaleStudia the rights of use required for the duration and purpose of contract performance.
SaleStudia is not obliged to conduct a comprehensive legal review of all supplied content in the absence of a specific reason.
50. Third-party claims relating to customer content
Where a third party makes a claim against SaleStudia concerning content supplied or expressly specified by the customer, SaleStudia shall inform the customer without delay.
In dealings with business customers, the customer shall indemnify SaleStudia against justified third-party claims where the infringement originates within the customer’s area of responsibility and the customer is responsible for the infringement.
The indemnity includes reasonable legal defence costs. SaleStudia shall not make acknowledgements or enter into settlements that unreasonably burden the customer without the customer’s consent.
51. Self-promotion and reference use
SaleStudia may publish the customer’s name, logo, project results, screenshots, performance figures, photographs, or project descriptions as references only with the customer’s prior consent unless expressly agreed otherwise.
Consent may be withdrawn with effect for the future unless mandatory contractual or statutory reasons prevent this.
52. Confidentiality
Both parties undertake to keep the other party’s confidential information secret and use it exclusively for contract performance.
Confidential information includes in particular:
- business and trade secrets;
- calculations and pricing structures;
- customer data;
- strategies and unpublished campaigns;
- access credentials;
- internal processes and project documents;
- information identified as confidential.
Information shall not be regarded as confidential where it:
- is publicly known;
- was already lawfully known to the receiving party;
- was lawfully obtained from a third party;
- was developed independently;
- must be disclosed due to a statutory obligation.
The confidentiality obligation shall continue after termination of the contract for as long as a legitimate confidentiality interest exists.
53. Data protection and processing on behalf of the customer
The parties shall comply with the applicable data-protection provisions.
Where SaleStudia processes personal data on behalf of the customer, the parties shall conclude a data processing agreement under Article 28 GDPR where required.
As controller, the customer remains responsible in particular for ensuring that:
- the data was collected lawfully;
- all required consent has been obtained;
- transparency obligations have been fulfilled;
- data subject requests are handled;
- deletion and retention periods have been defined.
Further information concerning the processing of personal data is provided in SaleStudia’s Privacy Policy.
54. Warranty for services
In the case of a pure service contract, SaleStudia owes careful performance of the agreed activity but not a particular result unless such result has been expressly agreed.
The customer’s statutory rights in the event of a breach of duty remain unaffected.
55. Warranty for work
The statutory rights concerning defects shall apply to contracts for work.
The customer must first provide SaleStudia with an opportunity to remedy the defect where this is required by law and reasonable.
SaleStudia may, at its discretion, remedy the defect or produce the work again, unless prevented by statutory provisions.
If remedial performance fails or is unreasonable, the customer shall be entitled to the further statutory rights.
56. Warranty for goods
Consumers are entitled to the statutory rights concerning defects in goods.
The statutory provisions also apply in dealings with business customers unless a legally permissible different arrangement has been made in an individual contract.
The commercial duties of inspection and notification applicable to merchants remain unaffected.
57. Warranty for digital products
The statutory provisions concerning digital products and digital services apply in dealings with consumers.
SaleStudia shall provide required updates to the legally required extent and for the legally required period, insofar as SaleStudia is responsible for doing so.
The customer must install provided updates within a reasonable period where the customer has been properly informed of their availability and of the consequences of failing to install them.
58. Liability
SaleStudia shall have unlimited liability:
- in the event of intent or gross negligence;
- in the event of injury to life, body, or health;
- under the German Product Liability Act;
- where a defect has been fraudulently concealed;
- where an express guarantee has been given;
- in other cases of mandatory statutory liability.
In the event of a slightly negligent breach of an essential contractual obligation, SaleStudia’s liability shall be limited to the foreseeable loss typical for the contract at the time the contract was concluded.
Essential contractual obligations are obligations whose performance is necessary for proper performance of the contract and on whose performance the customer may regularly rely.
In all other respects, liability for loss caused by slight negligence is excluded to the extent legally permitted.
The above liability provisions apply correspondingly to SaleStudia’s employees, representatives, vicarious agents, and subcontractors.
59. Data loss
SaleStudia shall not be liable for data loss for which the customer is responsible.
Where the customer is responsible for backups, any liability of SaleStudia for data loss caused by slight negligence shall be limited to the typical restoration cost that would have arisen if proper and regular backups had been made.
Mandatory statutory liability remains unaffected.
60. Use of the website and customer accounts
The customer may use the website and customer account only for lawful purposes.
The following are prohibited in particular:
- transmission of unlawful content;
- unauthorised access to systems or accounts;
- distribution of malware;
- automated data extraction without permission;
- manipulation of prices, orders, or reviews;
- impersonation or deception concerning identity;
- infringement of copyright, trademark, or personality rights;
- misuse of contact, review, or communication functions.
SaleStudia may temporarily suspend a customer account where there is a specific suspicion of misuse. The customer shall be informed and given an opportunity to comment unless statutory or security-related reasons prevent this.
61. Reviews and user content
Customers may publish only truthful, objective, and lawful reviews or content.
The following content is prohibited in particular:
- content that infringes third-party rights;
- insulting, discriminatory, or threatening content;
- deliberately false factual statements;
- disclosure of personal data without a lawful basis;
- malware or unauthorised advertising.
SaleStudia may remove or block unlawful content or content that clearly breaches these rules.
62. Amendments to these Terms
The version of these Terms published at the time of conclusion of the contract shall apply to new contracts.
Amendments to existing continuing contractual relationships shall be made only where there is an objective reason, including:
- a change in the law;
- a court decision;
- technical or security-related changes;
- a change to material third-party services;
- an extension or adjustment of the range of services.
The customer shall be informed of material amendments in text form in good time. Amendments that materially alter the contractual balance to the customer’s disadvantage require an express agreement or consent where legally required.
63. Consumer dispute resolution
SaleStudia is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration body unless a statutory obligation applies in a specific case.
64. Governing law
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
In dealings with consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the country in which the consumer has their habitual residence.
65. Place of jurisdiction
Where the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be SaleStudia’s registered place of business.
The same applies where a business customer has no general place of jurisdiction in Germany or where its residence or registered office is unknown at the time proceedings are commenced, to the extent legally permitted.
The statutory jurisdiction provisions apply to consumers.
66. Assignment
The customer may assign claims arising from the contract to third parties only with SaleStudia’s prior consent.
This does not apply to monetary claims of consumers and does not apply where SaleStudia has no legitimate interest in excluding assignment or where the customer’s legitimate interests prevail.
67. Text form
For evidentiary purposes, contractual declarations and amendments should be made at least in text form, for example by email.
Individual agreements take precedence regardless of form. Mandatory statutory form requirements remain unaffected.
68. Severability
If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall apply in place of the invalid provision.
An invalid provision shall not automatically be replaced by a provision that comes as close as possible to its commercial purpose where such replacement would conflict with mandatory law.
69. Contact
If you have any questions about these General Terms and Conditions, please contact:
SaleStudia
Proprietor: Alona Yanchenko
Talstraße 4
65510 Idstein
Germany
Telephone:
+49 157 52911412
Email:
info.salestudia@gmail.com