Terms and Conditions

Last updated: 15 July 2026

These General Terms and Conditions (“Terms”) apply to consulting, agency and other services provided by Faru Services GmbH, Lerchenweg 9, 85667 Oberpframmern, Germany (“FARU”), to its clients.

1. Scope

1.1 These Terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

1.2 Deviating, conflicting or supplementary terms of the client apply only if FARU has expressly agreed to them in text form. This also applies if FARU performs services without reservation while aware of such terms.

1.3 Individual agreements, in particular the applicable proposal, statement of work or project order, take precedence over these Terms.

2. Contract formation and services

2.1 FARU’s proposals are non-binding unless expressly designated as binding. A contract is formed when the client accepts a proposal in text form, FARU confirms the order, or FARU begins performance at the client’s request.

2.2 The individual agreement determines the nature, scope, term and remuneration of the services. FARU provides, in particular, strategic consulting, analysis, concepts, project support and operational agency services in the Amazon and marketplace environment.

2.3 Unless a particular outcome or an acceptance-ready work product is expressly agreed, FARU owes professional services, not a specific commercial result. Revenue, margin, rankings, advertising results, or decisions by Amazon or other platform operators cannot be guaranteed.

2.4 FARU may use suitably qualified employees, freelancers and subcontractors. FARU remains responsible to the client for contractual performance.

3. Client cooperation

3.1 The client provides all information, data, access credentials, approvals and contacts required for performance in good time. The client warrants that it is entitled to do so and that supplied content and instructions do not infringe third-party rights or applicable law.

3.2 The client must make decisions and grant approvals within the agreed or a reasonable period. Delays or additional work caused by missing, late or incorrect cooperation are not attributable to FARU; affected dates are extended reasonably. After prior notice, FARU may invoice additional work at the agreed rates.

3.3 The client remains responsible for business decisions, product information, prices, the legal compliance of its offers and compliance with the requirements of the platform used.

4. Changes in scope

Before implementation, the parties agree how changes or additions affect fees, timing and resources. FARU is not obliged to provide additional services without a corresponding agreement.

5. Fees and payment

5.1 Fees are set out in the applicable proposal. Prices are exclusive of statutory VAT where applicable.

5.2 Unless otherwise agreed, invoices are due without deduction within 14 calendar days of receipt.

5.3 Media budgets, platform fees, travel and other third-party costs are advanced by FARU or reimbursed separately only if agreed or approved by the client in advance.

5.4 Statutory rules apply to late payment. Following a reminder, FARU may suspend further performance until overdue amounts have been paid where reasonable in light of both parties’ interests.

6. Dates and force majeure

6.1 Dates and deadlines are binding only if expressly agreed as binding.

6.2 Events outside a party’s reasonable control — including outages or changes affecting Amazon, advertising platforms, interfaces or telecommunications, official measures, industrial disputes and force majeure — extend affected deadlines reasonably. The parties will inform each other without undue delay and coordinate next steps.

7. Acceptance of work products

Where an acceptance-ready work product is expressly agreed in an individual case, statutory acceptance rules apply. Partial acceptance occurs only if agreed. Editorial or design changes that do not remedy a defect must be commissioned separately.

8. Usage rights

8.1 Following full payment, the client receives the non-exclusive rights required for the agreed purpose in the individually created contractual work results, unless otherwise agreed in the proposal.

8.2 FARU retains all rights in pre-existing materials, methods, templates, analytical models, software, know-how and general working techniques. Where these form part of a result, the client receives the rights needed for contractual use.

8.3 Rights in content supplied by the client or third parties remain with the respective rights holders. FARU uses the client’s name, trademarks, logos or project results as a reference only with the client’s consent.

9. Third-party platforms and services

9.1 Amazon and other platforms are legally and technically independent third parties. FARU has no control over their availability, policies, algorithms, account suspensions or decisions and is not liable for such circumstances unless FARU is responsible for them.

9.2 Contracts for media budgets, software or other third-party services are entered into directly between the client and the third-party provider unless expressly agreed otherwise. The provider’s terms additionally apply to those services.

10. Confidentiality and data protection

10.1 Each party treats the other party’s non-public commercial, technical and other confidential information as confidential and uses it only to perform the contract. Statutory disclosure obligations remain unaffected.

10.2 Both parties comply with applicable data-protection law. Where FARU processes personal data on the client’s behalf, the parties enter into a data-processing agreement before processing begins if legally required.

11. Defects

The client reports identifiable defects to FARU promptly and in sufficient detail and allows reasonable examination and cure. Statutory defect rights otherwise apply to work products. No claim exists to the extent a defect results from unapproved changes by the client or a third party or from use contrary to the contract.

12. Liability

12.1 FARU has unlimited liability for intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act and within the scope of an expressly given guarantee.

12.2 For a slightly negligent breach of a material contractual obligation, liability is limited to the damage foreseeable and typical for the contract at the time of formation. Material obligations are those whose performance makes proper execution of the contract possible and on whose fulfilment the client may regularly rely.

12.3 Liability for slight negligence is otherwise excluded. These limitations also benefit FARU’s corporate bodies, employees and agents.

13. Term and termination

13.1 The individual agreement governs term and ordinary termination. If an agreement of indefinite duration contains no provision, either party may terminate it in text form with four weeks’ notice to the end of a calendar month.

13.2 The right to terminate for cause remains unaffected. Services performed and binding third-party costs incurred up to termination must be paid.

14. Final provisions

14.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

14.2 If the client is a merchant, legal entity under public law or special fund under public law, FARU’s registered office is the exclusive venue for disputes arising from or in connection with the contractual relationship. FARU may also sue the client at its general venue.

14.3 The German version of these Terms is authoritative. This English translation is for information only.