Terms and conditions

(1)These general terms and conditions (terms) apply to all contracts between Darius Hofman, TOTES SIGNAL, c/o Smarvo 279, Südstraße 31, 47475 Kamp-Lintfort, Germany (“we”) and our customers (“you”) for product images, product videos and related services and – on request – websites.

(2)We work exclusively for businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Consumers cannot order from us. By sending a request you confirm that you are acting for your business; a consumer right of withdrawal therefore does not apply.

(3)Deviating or additional terms of yours apply only if we expressly agree to them in text form.

(1)What a package includes follows from the package description on our pricing page at the time of your request and from our acceptance email. We create websites and extras based on an individual quote.

(2)We work with AI assistance: images and videos are created with AI tools based on your real product photos. A person finishes and checks every delivery before it reaches you. We never redraw or alter your product’s label, logo or design.

(3)We deliver files. Not included are, in particular, on-site photo shoots, shipping of samples, listing copy, keyword research, ad management, work in your seller accounts and uploading to marketplaces. We never ask for the login details of your marketplace accounts.

(4)We design to the marketplaces’ published image requirements. Whether a marketplace accepts an image or video is decided by the marketplace alone. We do not owe any particular acceptance or placement, nor reach or sales. For A+ Content, Brand Story and uploading videos on Amazon you usually need a brand registration (Brand Registry) with Amazon.

(5)We may use third-party service providers and tools, in particular AI image and video services.

(6)With the Amazon Set you can add a simple product or order page for your brand (add-on, €50 (about $57) net on top); it is included in the Launch Kit and the Growth Kit, and with the Test Shot it is available on request. Before you decide on the page, we show you a working prototype. Shop websites and larger brand websites with several pages are not part of it; we create them based on an individual quote (§ 2(1)).

(1)The presentation of the packages on our website is not yet a binding offer.

(2)By sending a request and confirming it with the code we email you, you make a binding offer. We confirm receipt by email; this confirmation is not yet an acceptance.

(3)We review your request, in particular your photos. The contract is concluded when we accept the request. We tell you so by email and in your dashboard, together with the price and payment details. For websites and extras, our reply with a fixed price is an offer; the contract is concluded when you accept it in your dashboard. If we decline a request, we tell you why; you then owe nothing.

(4)Until you have paid, you can cancel your order free of charge at any time in your dashboard. After that, termination is governed by the statutory provisions. If we cannot carry out a paid order, we refund the amount paid.

(5)The contract language is German or English. You can see your request, our acceptance and the history of your order at any time in your dashboard. Declarations by email or via the dashboard are sufficient (text form).

(6)You choose the product or order page under § 2(6) with your request; the contract for it is concluded together with your order (§ 3(3)), without a separate quote. After the prototype, you decide in your dashboard whether you take the page. Only then does the add-on price of €50 (about $57) become due; if you decide against it, the add-on lapses and you pay nothing for it. In the Launch Kit and the Growth Kit the page is included in the package price.

(1)The prices at the time of your request apply; the price in our acceptance is decisive. All prices are net prices in euros. As a small business under § 19 UStG (German VAT Act) we charge no VAT. Dollar amounts on the English website are for orientation only.

(2)You pay in advance after we have accepted your request: by bank transfer in euros to the account shown in your dashboard, with your order code as the payment reference – or, where we offer it, via PayPal. You pay the add-on price for the product or order page only after your decision (§ 3(6)).

(3)Costs of payment, such as fees for international transfers or currency conversion, are borne by you; the full amount must reach us.

(4)We start work as soon as your payment has reached us. We provide your invoice in your dashboard.

(1)The delivery time starts as soon as we have confirmed receipt of your payment; that is what “after you say go” means. We confirm a payment no later than the business day after it reaches our account. From then on, your dashboard shows you the exact deadline.

(2)The following delivery times and revision rounds apply:

(3)Delivery is complete as soon as the files are ready to download in your dashboard; we notify you by email.

(4)If we need further photos or information from you, the delivery time is extended by the time until we receive them. The same applies to disruptions for which we are not responsible, such as the failure of third-party services. If it becomes apparent that we cannot meet a deadline, we tell you immediately and give you a new date.

(5)For websites, the deadlines in our quote apply.

(1)You send us suitable photos of your real product and complete, correct information, for example on dimensions, contents and features. If your photos are not sufficient, we tell you before you pay.

(2)You assure us that you hold all rights to the photos, labels, logos, trademarks, texts and other materials you send us, and that we may use and edit them for your order – including with AI services under § 2(5).

(3)You assure us that your product information is correct and that the product and its advertising are lawful. We do not accept orders for certain product groups, for example dietary supplements, medicines or CBD products.

(4)Please don’t send us photos in which people can be recognized or that show personal data.

(5)If you breach any of these assurances, you indemnify us against third-party claims based on that breach, including reasonable costs of legal defense. This does not apply if you are not responsible for the breach.

(1)Each package includes the revision rounds listed in § 5. One round is one consolidated list of changes to the current delivery that you send via your dashboard.

(2)Revisions concern the agreed service, for example light, crop, colors or details. New products, additional styles or a new concept are not a revision. We offer further rounds and changes on request.

(3)We tell you the deadline for each revision round in your dashboard and by email.

(4)If a marketplace rejects an image, send us the notice. If the image breaks published image requirements we were supposed to design it to (§ 2(4)), we remedy this as a defect without counting it against your revision rounds; otherwise we adjust it within your revision rounds.

(5)Your statutory rights in case of defects remain unaffected (§ 12); remedying a defect does not count as a revision round.

(1)You review every delivery and either approve it in your dashboard or request a revision.

(2)With every delivery we set you a deadline of 14 days for acceptance. If within this deadline you do not approve the delivery, request a revision or tell us of a defect, the delivery is deemed accepted (§ 640(2) BGB) and the order is complete. We point out this consequence in the delivery email.

(1)Once you have paid in full, you receive the exclusive right, unlimited in time, territory and content, to use, edit and publish all results we create for you in all media – for example in listings, ads, on your website and on social media. You may transfer these rights and grant usage rights to third parties. This applies to the extent that rights exist in the results or belong to us.

(2)Image styles, methods and templates remain free: we also offer similar styles, such as “Outdoor Golden Hour,” to other customers. What is exclusive are the specific results for your product.

(3)We do not show your results publicly – for example in our gallery, in advertising or as a reference – unless you have agreed in text form beforehand.

(4)Your photos and materials remain yours. You grant us a simple, non-transferable right to use and edit them for carrying out your order.

(1)You review results before you publish them. You are responsible for publication – in particular for the marketplaces’ rules, for the accuracy of product information in infographics and videos (we take it from you) and for advertising and competition law requirements.

(2)Our results are created with AI assistance. Whether and how you must label them when publishing, for example under a marketplace’s rules or the EU AI Act, is for you to check on your own responsibility.

(1)We delete your photos and our deliveries 180 days after your order is complete. Download everything you need before then; after that we cannot restore the files. The order data itself remains in your account.

(2)We delete files of declined or canceled requests after 30 days and unconfirmed drafts after 24 hours.

(3)Details are in our privacy policy.

(1)In case of defects, the statutory provisions apply. We may first remedy the defect or deliver again.

(2)We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent that we have given a guarantee.

(3)For slight negligence we are liable only if we breach an essential contractual obligation – that is, an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. Our liability is then limited to the damage that was foreseeable and typical for the contract when it was concluded.

(4)Otherwise our liability is excluded. These rules also apply in favor of our vicarious agents.

(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 you are a merchant, a legal entity under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contract is our place of business. We may also sue you at your general place of jurisdiction.

(3)These terms are available in German and English. The German version is binding.

(4)If any provision is invalid, the remainder of the contract remains valid.