Terms and Conditions

§ 1 Scope

  1. These Terms and Conditions (hereinafter "T&C") apply to all contracts concluded between Media-Shell Sp. Z.o.o, Wrzesinska 12/21, 03-713 Warsaw, Poland (hereinafter "Provider") and the customer (hereinafter "Client") via the website https://media-shell.de or through other commissioning.
  2. These T&C apply exclusively. Deviating, conflicting, or supplementary terms of the Client shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.
  3. These T&C apply to both consumers and business customers, unless an explicit distinction is made in individual provisions.

§ 2 Subject Matter

  1. The subject of the contract is the provision of digital services, in particular:
    • Display Performance Marketing
    • Retargeting campaigns
    • Contextual Marketing
    • AI Search Optimization (SEO)
    • Strategy development and consulting in eCommerce and performance marketing
    • Campaign planning, management, and optimization
  2. The specific scope of services results from the respective service description, the selected package, or the individual offer.

§ 3 Contract Formation

  1. The presentation of services on the website does not constitute a legally binding offer, but an invitation to place an order.
  2. By booking a service via the website or by email, the Client submits a binding offer to conclude a contract.
  3. The contract is concluded when the Provider accepts the Client's offer through an order confirmation by email or begins service delivery.
  4. For individual projects, the contract is concluded through written acceptance of the Provider's offer by the Client.

§ 4 Prices and Payment Terms

  1. The prices indicated on the website at the time of the order or those stated in the individual offer apply. All prices are in Euros and net prices plus applicable VAT, unless expressly stated otherwise.
  2. Payment is made by bank transfer or by separately agreed payment method.
  3. For standard products, the purchase price is due immediately upon order. For individual projects, the payment milestones agreed in the offer apply.
  4. If the Client defaults on payment, the Provider is entitled to charge default interest at the statutory rate. The right to claim further damages for delay is reserved.

§ 5 Service Delivery and Cooperation Obligations

  1. The Provider delivers the agreed services with due care and in accordance with the current state of technology.
  2. To the extent that the Client's cooperation is required for service delivery (e.g., providing access data, content, website URLs), the Client must provide this in a timely and complete manner. Delays caused by the Client's lack of cooperation are not attributable to the Provider.
  3. Delivery dates for individual projects are only binding if they have been expressly confirmed in writing by the Provider as binding.

§ 6 Usage Rights and Intellectual Property

  1. Upon full payment, the Provider grants the Client a simple, temporally unlimited right of use to the contractually agreed work results, unless otherwise agreed.
  2. Rights to the underlying software, algorithms, and processes of the Provider are not transferred. These remain exclusively with the Provider.
  3. The Client may use the delivered work results for their own business purposes. Transfer to third parties or commercial redistribution is only permitted with the Provider's prior written consent.
  4. The Provider is entitled to use the services rendered for the Client in anonymized form as a reference, unless the Client objects.

§ 7 Warranty and Liability

  1. Warranty is governed by statutory provisions.
  2. Analyses, campaigns, and recommendations created by the Provider are based on the data available at the time of creation. The Provider does not guarantee the achievement of specific results (e.g., certain rankings, revenue increases).
  3. The Provider is fully liable for damages arising from injury to life, body, or health, as well as for other damages based on intentional or grossly negligent breach of duty.
  4. In the case of slightly negligent breach of material contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the foreseeable, contract-typical damage at the time of contract conclusion.
  5. Otherwise, the Provider's liability is excluded regardless of the legal basis.
  6. The above limitations also apply in favor of the Provider's legal representatives and vicarious agents.

§ 8 Right of Withdrawal for Consumers

  1. Consumers generally have a right of withdrawal for distance contracts.
  2. Withdrawal Instructions: You have the right to withdraw from this contract within fourteen days without giving any reason. To exercise your right of withdrawal, you must inform us — Media-Shell Sp. Z.o.o, Wrzesinska 12/21, 03-713 Warsaw, Poland, Email: jan@media-shell.de — of your decision to withdraw by means of a clear declaration (e.g., a letter sent by post or email).
  3. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the deadline expires.
  4. Consequences of Withdrawal: If you withdraw from this contract, we must refund all payments received from you without delay and at the latest within fourteen days from the date on which the notification of your withdrawal was received.
  5. Early Expiry: The right of withdrawal expires prematurely if the Provider has fully performed the service and only began execution after the Client's express consent.

§ 9 Confidentiality and Data Protection

  1. Both parties undertake to treat all confidential information obtained during contract initiation and execution as confidential and to use it only for the purposes of contract execution.
  2. The collection and processing of personal data is carried out in accordance with the GDPR. Further information can be found in our Privacy Policy.
  3. If the Provider processes personal data on behalf of the Client as part of service delivery, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR.

§ 10 Contract Duration and Termination

  1. For one-time services, the contract ends upon complete service delivery.
  2. For ongoing services, the contract term agreed in the respective offer applies. Termination is possible with one month's notice to the end of the respective term. Without termination, the contract is automatically extended for the same period.
  3. The right to extraordinary termination for good cause remains unaffected.
  4. Termination requires text form (email is sufficient).

§ 11 Final Provisions

  1. The law of the Republic of Poland applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the consumer's habitual residence is not withdrawn.
  2. If the Client is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Warsaw, Poland.
  3. Should individual provisions of these T&C be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
  4. The Provider reserves the right to amend these T&C at any time with effect for the future. The Client will be informed of changes in a timely manner.

Last updated: March 2026