General Terms and Conditions (GTC)

These terms and conditions apply exclusively to all contracts, services, and offers between Shopiva GmbH, Lietzenburger Str. 77, 10719 Berlin ("Shopiva") and companies within the meaning of § 14 BGB ("Customer"). Consumers are expressly excluded. Deviating or supplementary terms and conditions of the customer shall not become part of the contract unless Shopiva expressly agrees to their validity in writing.

(1) Shopiva provides services in the areas of branding, web development, campaign conception, content production, UI/UX design, creative direction, strategic consulting, and related agency services. (2) The specific scope of services results from the individually agreed offer or project contract. Changes or extensions require written form. (3) Shopiva is entitled to use qualified subcontractors to fulfill the contract.

(1) Offers from Shopiva are subject to change and non-binding unless expressly marked otherwise. (2) The contract is only concluded with written acceptance by Shopiva or through performance of services.

(1) All prices are net plus statutory VAT. (2) Remuneration is either as a flat rate, on an hourly basis, or according to service modules, as defined in the offer. (3) Invoices are due without deduction within 7 days of the invoice date. In the event of late payment, Shopiva reserves the right to stop work, suspend usage rights, and claim collection costs and default interest. (4) Travel expenses, expenses, and third-party services (e.g., licenses, hosting, third-party tools) are calculated separately unless otherwise agreed.

(1) All services, drafts, concepts, graphics, texts, codes, designs, or other work results remain the property of Shopiva until full payment. (2) After full payment, the customer receives a simple, non-transferable right of use for the agreed purposes. Further rights (e.g., exclusivity, buy-outs, source codes) must be agreed separately. (3) Shopiva reserves the right to use completed work as a reference unless the customer demonstrably objects before the start of the project.

(1) The customer is obliged to provide all information, data, approvals, and access required for the provision of services in a timely manner. (2) Delays due to insufficient cooperation are at the expense of the customer.

(1) Shopiva owes creative and strategic services, not guaranteed economic success. (2) Unless otherwise agreed, two correction loops per service module are included. Changes beyond this are charged according to effort. (3) Defects must be specified in writing and precisely. Shopiva has the right to remedy defects.

(1) Shopiva is only liable for intent or gross negligence. (2) No liability is assumed for indirect damages, lost profits, or consequential damages. (3) Liability is limited to the order value.

(1) Both parties undertake to maintain confidentiality regarding all non-publicly known information. (2) This obligation continues even after the end of the contract.

(1) German law shall apply exclusively, excluding the UN Sales Law. (2) The place of jurisdiction is Berlin, if permissible. (3) Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.