Terms of Service

General Terms and Conditions of PRPS GmbH
Last updated: 09.04.2026

Section 1 Scope of Application and Definitions

(1) These General Terms and Conditions (hereinafter "GTC") of PRPS GmbH, Burgunder Str. 27, 40549 Düsseldorf, Germany (hereinafter the "Provider"), apply to all contracts concluded between the Provider and the customer via the online shop at kritzelfuchs.de as well as via social media channels (in particular TikTok Shop and Instagram Shopping).

(2) These GTC apply to both consumers and business customers, unless expressly stated otherwise.

(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code – BGB). A business customer (entrepreneur) is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (Section 14 BGB).

(4) Any deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if the Provider has expressly agreed to their applicability in writing.

Section 2 Subject Matter of the Contract

(1) The Provider offers the following services:

a) Sale of physical products (textiles, accessories, footwear, pens, notebooks, and gift items) via the online shop and social media channels;

b) Digital services in the areas of marketing, content creation (including AI-assisted content), and social media management;

c) Creative services for and in cooperation with content creators.

(2) Where individual services are subject to deviating terms, this will be indicated separately in the respective offer.

Section 3 Conclusion of Contract

(1) The presentation of products and services on the website and on social media channels does not constitute a legally binding offer, but rather a non-binding invitation to place an order (invitatio ad offerendum).

(2) By submitting an order, the customer makes a binding offer to purchase the selected goods or to book the service. The automated order confirmation does not yet constitute acceptance of the offer.

(3) The contract is only concluded when the Provider accepts the offer by means of an express declaration of acceptance, an order confirmation, or by delivery of the goods.

(4) For orders placed via TikTok Shop or other social media platforms, the above provisions apply accordingly. In addition, the terms of use of the respective platform may apply. In the event of conflicts between these GTC and the platform terms, these GTC shall prevail to the extent legally permissible.

Section 4 Prices and Payment Terms

(1) All stated prices for physical products are final prices and include statutory value-added tax (VAT). Any additional shipping costs will be indicated separately before the order is completed.

(2) For digital services and marketing services, the remuneration agreed in the respective offer or individual contract shall apply. Unless otherwise agreed, prices for business customers (B2B) are exclusive of statutory VAT.

(3) The purchase price is due upon conclusion of the contract, unless expressly agreed otherwise. The available payment methods are indicated during the ordering process.

(4) If the customer is in default of payment, the Provider is entitled to charge default interest at a rate of 5 percentage points above the applicable base interest rate (for consumers) or 9 percentage points above the base interest rate (for business customers). The right to claim further damages remains reserved.

Section 5 Delivery and Shipping (Physical Products)

(1) Delivery is made to the delivery address specified by the customer. Deliveries are made exclusively within the delivery areas specified on the website.

(2) The stated delivery times are non-binding unless a binding delivery date has been expressly agreed.

(3) If the goods are delivered by a transport company, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the customer. In the case of business customers, the risk passes upon handover to the transport company.

Section 6 Digital Services and Marketing Services

(1) Digital services include, in particular, the creation of marketing concepts, social media content, advertising campaigns, graphic and video production, as well as consulting in the areas of e-commerce and social commerce.

(2) The Provider owes the agreed services but does not owe any specific successes or results. In particular, the Provider does not guarantee:

a) the achievement of specific reach, follower numbers, revenues, or conversion rates;
b) the continued existence of advertising accounts or platform access (e.g., TikTok, Meta, Instagram);
c) the uninterrupted availability or unchanged continuation of functions of the platforms used.

(3) The customer is informed that social media platforms (in particular TikTok and Meta) may change their policies, algorithms, and terms of use at any time and without prior notice (platform risk). The Provider is not liable for damages arising from such changes or from the blocking, restriction, or deletion of accounts or content by platform operators.

(4) Where the Provider depends on the customer's access credentials, accounts, or data in order to perform the services, the customer must provide these in a timely and complete manner. Delays attributable to the customer's failure to cooperate shall not be at the Provider's expense.

Section 7 AI-Generated Content and Usage Rights

(1) The Provider may use artificial intelligence (AI) tools in the performance of its services, in particular for the creation of texts, images, videos, or other creative content. The customer will be informed of the use of AI where relevant to the respective service.

(2) Upon full payment of the agreed remuneration, the Provider grants the customer a non-exclusive usage right, unlimited in time and territory, to the content created in the course of the engagement, unless an exclusive usage right has been expressly agreed.

(3) To the extent that AI-generated content is not subject to copyright protection, the Provider cannot guarantee exclusivity of such content. The customer is advised that AI-generated content may produce similar results for third parties.

(4) The Provider is entitled to use the work created – unless expressly agreed otherwise – in anonymized form as a reference and work sample in its portfolio.

Section 8 Creator Cooperations

(1) If the Provider arranges content creators for the customer's campaigns, the contract between the customer and the creator is concluded separately, unless expressly agreed otherwise.

(2) The Provider is not liable for the accuracy, legality, or quality of content created by third-party creators, unless the Provider has expressly assumed editorial control and approval.

(3) Usage rights to creator content are governed by the respective agreement between the parties. The Provider points out that creator content may be subject to the creator's copyright and that any use beyond the agreed scope requires separate consent.

Section 9 Limitation of Liability

(1) The Provider is liable without limitation for damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited to compensation for foreseeable damage typical of the contract.

(3) In all other respects, the Provider's liability for slight negligence is excluded.

(4) The above limitations of liability do not apply to damages resulting from injury to life, body, or health, or to claims under the German Product Liability Act (Produkthaftungsgesetz).

(5) To the extent that the Provider's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

Section 10 Termination

(1) Continuing obligations (in particular ongoing marketing and support contracts) may be terminated by either party with four weeks' notice to the end of a calendar month, unless a different contract term has been individually agreed.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

a) the other party fails to fulfill an essential contractual obligation despite a reminder and the setting of a reasonable grace period;
b) insolvency proceedings are opened over the assets of the other party, or the opening of such proceedings is rejected due to insufficient assets;
c) a social media account of the customer is permanently blocked by the platform and the agreed service can therefore no longer be performed.

(3) Termination must be made in text form (email is sufficient).

Section 11 Retention of Title

Delivered physical goods remain the property of the Provider until the purchase price has been paid in full.

Section 12 Defects and Warranty

(1) The statutory warranty rights apply to physical products.

(2) The following applies to digital services: defects must be reported by the customer in writing within 14 days of acceptance or delivery of the result. The Provider is initially entitled to remedy the defect (rectification). If rectification fails after two attempts, the customer is entitled to the statutory warranty rights.

Section 13 Data Protection

The provisions of our Privacy Policy apply, which is available at [Privacy Policy].

Section 14 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If 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 this contractual relationship shall be the registered office of the Provider (Düsseldorf).

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.