Terms of Service
Terms of Service
Terms and Conditions for Service Agreements, which are available through the platform Social-Media-Market.net between LLK Influence Marketing UG (haftungsbeschränkt), Lohmühlenstr. 65, 12435 Berlin, Germany, Tel .: 017645863426, E-Mail: firstname.lastname@example.org) – in the following “provider” – and in § 2 of the contract designated customer – in the following “customer” – be completed.
§ 1 Scope, Definitions
(1) For the business relationship between the supplier and the customer, the following terms and conditions apply exclusively in the version valid at the time of the order.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal personality who, in concluding the contract, is acting in the course of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer may choose different packages from the supplier’s assortment, e.g. Select packages of likes or followers for specific social media platforms (hereinafter “packages”) and collect them via the “add to cart” button in a so-called shopping cart. With the button “order with payment” he gives a binding application for the purchase of the packages in the shopping cart. Before sending the order, the customer can view and change the data at any time. However, the application can only be submitted and transmitted if, by clicking on the checkbox “I accept the terms and conditions”, the customer has accepted these terms and conditions and thereby included in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent by separate e-mail (order confirmation). In this e-mail, the contract text (consisting of order, GTC, cancellation policy and order confirmation) will be sent to the customer by us (contract confirmation). The contract is stored under the protection of privacy but is not available from us by the customer.
(3) The contract is concluded in English.
§ 3 delivery, availability
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price is paid in advance. If no or no different delivery time is specified for the respective service in our online shop, it is 1-5 working days.
(2) If the packages selected by him are not available at the time of the customer’s order, the supplier shall inform the customer immediately. If the package is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(3) If the package specified by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in the United States of America.
§ 4 prices
All prices, which are indicated on the website of the offerer, are exclusive of the valid legal sales tax.
§ 5 Payment Methods
(1) The customer can make the payment by PayPal or credit card. Details about the payment service provider for processing and data protection can be obtained for PayPal under this link https://www.paypal.com/ de / webapps / mPP / ua / privacy-full.
(2) The customer can change the payment method stored in his user account at any time.
(3) The payment of the price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment.
§ 6 Performance
(1) The subject matter of the service is the increase of the number of social media users or other parameters on the respective customer’s social media pages specified by the customer. Among social media users, e.g. Fans, subscribers, followers, likes, comments, etc. understood. Depending on the customer’s choice, the customer purchases a package with a certain number of e.g. Likes or followers for the profile specified in the order.
(2) All offered packages come from real users of social networks, whereby no guarantee for the activity of the users can be given.
(3) The packages include only Likes etc. of real (partly inactive) fans. It is possible that these people delete their accounts, unfollow the customer and therefore the number of likes / fans decreases. The supplier has no influence on this and a no replacement or refund can be given.
(4) Once acquired, packages can not be returned. The right of withdrawal remains unaffected by this regulation.
§ 7 Duties / Liability of the customer
(1) The customer undertakes to obtain services only for their own accounts. For this purpose, he must specify the correct URL of his account and set up the settings on his account so that the mediation of the packages is possible.
(2) The Customer undertakes to indemnify the Provider against all claims of third parties, including the costs of legal action, which result from his failure to comply with the contract or unlawful. The customer supports the provider in the defense of claims of third parties, in particular by providing all relevant information. In addition, he is obliged to compensate for the damage caused to the provider by the successful assertion of such claims by third parties.
§ 8 Liability of the provider
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the provider fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies, as far as the offerer and the customer an agreement over the condition of the thing made. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation Policy
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider informs on the basis of the legal model on its website and in the order confirmation. The order can only be cancelled before the order has been delivered.
§ 10 Out-of-court Dispute Resolution
The European Commission is providing an online dispute resolution (OS) platform at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Final Provisions
The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.