General Terms and Conditions
Terms and Conditions for service contracts concluded via the followerwizard.com platform - hereinafter referred to as "provider" - and the customer referred to in Section 2 of the contract - hereinafter referred to as "customer".
§ 1 Scope, definition of terms
(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order.
(2) The customer is a consumer if the purpose of the ordered deliveries and services is not can be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select different packages from the provider's range, e.g. packages of likes or followers for certain social media platforms (hereinafter referred to as "packages") and add them to one package using the "add to cart" button collect the so-called shopping cart. By clicking on the “Order with obligation to pay” button, he submits a binding request to purchase 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 the customer has accepted these contractual terms and conditions by clicking on the "Checkout" button "I have read and understood the General Terms and Conditions" and thereby included them in his application.
(2) The 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 only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail, we will send the contract text (consisting of the order, general terms and conditions, cancellation policy and order confirmation) to the customer (confirmation of contract). The text of the contract is stored in compliance with data protection but cannot be accessed by the customer.
§ 3 Delivery, Availability
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been 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 the customer immediately. If the package is permanently unavailable, the provider will refrain 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 provider will also inform the customer of this immediately.
(4) The following delivery restrictions apply : The provider only delivers to customers who have their habitual residence (billing address) in Germany, Austria or Switzerland.
§ 4 Prizes
All prices stated on the provider's website are exclusive of the applicable statutory sales tax.
§ 5 Terms of payment
(1) The customer can make the payment by direct transfer, PayPal or credit card. Details about the payment service provider for processing and data protection can be found for Sofortüberweisung under this link https://www.sofort.com/payment/wizard/getCmsContent/data_protection/ and for PayPal under this link https://wwwpaypal.com/de/webapps/mpp/ua/privacy-full.
(2) The customer can use the data stored in his user account Change payment method at any time.
(3) Payment of the price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 6 Performance
(1) The subject of the service is to increase the number of social media users or other parameters on the customer's social media pages specified by the customer. Social media users are understood to mean, for example, fans, subscribers, followers, likes, comments, etc. Depending on the customer's choice, they purchase a package with a certain number of e.g. Likes or followers for the account specified when ordering.
(2) All packages offered come from users of social networks, with no guarantee being given for the activity of the users
(3) The packages only contain likes etc. from real (inactive) fans. It is possible that these people will delete their accounts, unfollow the customer and therefore the number of likes/fans will decrease. The provider has no influence on this and no replacement will be provided.
(4) Packages that have been purchased cannot be returned, since the social media portals only allow the follower themselves to undo the action. The right of withdrawal remains unaffected by this regulation.
§ 7 Duties/liability of the customer
(1) The customer undertakes to only obtain services for their own accounts. To do this, he must enter the correct URL of his account and set up the settings on his account in such a way that the packages can be brokered.
(2) The customer undertakes to indemnify the provider against all third-party claims, including necessary costs of legal action indemnify you for any breach of contract or illegal behavior. The customer supports the provider in defending against third-party claims, in particular by providing all relevant information. In addition, he is obliged to compensate for the damage that the provider incurs as a result of the successful assertion of such third-party claims.
§ 8 Liability of the provider
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless it are claims for damages by the customer resulting from injury to life, limb or health.
(3) The restrictions in paragraphs 1 and 2 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 if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 cancellation policy
Consumers have a legal right of withdrawal when concluding a distance selling transaction, about which the provider informs in accordance with the legal model on its website and in the order confirmation
§ 10 Out-of-court settlement of disputes
The European Commission provides a platform for online dispute resolution (OS) at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Final Provisions
The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected..