Terms & Conditions

Last updated: March 2026

1. Scope and Provider

These General Terms and Conditions ("GTC") govern the business relationship between real. Marketing, operated by Marius München, Henzenstr. 14, 41515 Grevenbroich, Germany ("real.", "we", "us") and clients who engage our marketing services ("Client", "you").

By entering into a service agreement with real., the Client accepts these GTC. Deviating terms of the Client shall only apply if we have explicitly confirmed them in writing.

2. Services

real. provides e-commerce retention marketing services including, but not limited to:

  • email flow strategy, creation, and optimisation
  • Brand content creation (email newsletters, social media content)
  • Ad creative production (photo, video, and static ads)
  • Retention strategy consulting

The exact scope of services, deliverables, timelines, and pricing are defined in the individual service agreement / proposal agreed upon with the Client before commencement of work.

3. Conclusion of Contract

A contract is concluded when the Client accepts our written proposal (by email or electronic signature) and, where applicable, pays the agreed deposit or first invoice instalment. The proposal constitutes our offer; acceptance constitutes the binding agreement.

4. Client Obligations

The Client agrees to:

  • Provide timely access to necessary platforms (email platform, Shopify, Meta Ads, etc.) within 5 business days of contract start
  • Review and approve content within the agreed review periods (typically 48–72 hours)
  • Provide brand assets, product information, and copy guidance as requested
  • Designate a primary point of contact for communications
  • Ensure that any materials provided to real. do not infringe third-party rights

Delays caused by the Client's failure to fulfil these obligations may extend agreed timelines; real. shall not be liable for resulting delays.

5. Pricing and Payment

Pricing is as set out in the individual service agreement. Unless otherwise agreed:

  • Invoices are due within 14 days of issue
  • A deposit of 50% of the agreed project fee is required before work commences
  • Recurring retainer fees are due at the beginning of each service period
  • Late payments incur statutory interest under § 288 BGB

All prices are net prices; VAT (if applicable) is added separately.

6. 90-Day Guarantee

Where a 90-day guarantee has been expressly included in the service agreement, the following terms apply:

  • The guarantee applies only if measurable improvement targets have been agreed in writing at the start of the engagement
  • If agreed targets are not met within 90 calendar days of campaign launch, real. will continue providing the agreed services at no additional cost until targets are met
  • The guarantee does not entitle the Client to a refund of fees already paid
  • The guarantee is void if the Client fails to meet their obligations under Section 4, if the Client makes material changes to their product or business during the engagement, or if the Client does not implement agreed recommendations
  • "Campaign launch" means the date on which the first email flow or content piece goes live

7. Intellectual Property

Upon receipt of full payment, real. grants the Client a non-exclusive, perpetual licence to use all deliverables created under this agreement for the Client's own business purposes. real. retains the right to use deliverables in its portfolio unless the Client requests otherwise in writing.

real. retains all rights to its methodologies, frameworks, templates, and know-how developed prior to or independently of this engagement.

8. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement. This obligation survives termination of the agreement for a period of 3 years.

9. Limitation of Liability

real. is not liable for indirect, consequential, or incidental damages, including lost revenue or profits, except in cases of gross negligence or wilful misconduct. Our total liability under any agreement is limited to the total fees paid by the Client in the 3 months preceding the claim.

real. does not guarantee specific business outcomes (revenue growth, customer acquisition, return on ad spend) beyond the terms of any expressly agreed guarantee. Marketing results depend on market conditions, product quality, and factors outside our control.

10. Termination

Either party may terminate a rolling monthly retainer with 30 days' written notice to the end of the current service period. Project-based agreements may only be terminated for cause (material breach not remedied within 14 days of written notice). Deposits are non-refundable upon termination by the Client without cause.

11. Governing Law and Jurisdiction

These GTC and any agreements concluded under them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Grevenbroich, Germany, to the extent legally permissible.

12. Amendments

We reserve the right to amend these GTC. Changes will be communicated with at least 30 days' notice. Continued use of our services after that period constitutes acceptance of the updated terms.

13. Contact

For any questions regarding these Terms & Conditions:
real. Marketing — Marius München
info@workwithreal.com
Henzenstr. 14, 41515 Grevenbroich, Germany