General terms and conditionsProvider:
Main street 60
- in the following called "Followersheaven" -.
§ 1 General / Validity
(1) Followersheaven offers its customers the possibility to make their instagram accounts more visible by means of advertising packages and in particular to gain new fans, views and/or followers. More details are regulated in the individual product descriptions and in these terms and conditions.
(2) All offers and services of Followersheaven are exclusively based on these General Terms and Conditions. These are part of all contracts that Followersheaven concludes with its contractual partners (hereinafter also referred to as "Customer") regarding the services offered by it. They shall also apply - insofar as the Customer is an entrepreneur within the meaning of § 1 paragraph 4 sentence 2 - to all future services or offers to the Customer, even if they are not separately agreed again.
(3) Terms and conditions of the Customer or third parties shall not apply, even if Followersheaven does not separately object to their application in individual cases. Even if Followersheaven refers to a letter that contains or refers to terms and conditions of the Customer or a third party, this does not constitute an agreement to the validity of those terms and conditions.
(4) Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor self-employed activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
§ 2 Regulations and information on the conclusion of the contract
All offers of Followersheaven are only a non-binding invitation to submit offers by the customer.
(2) Technical steps leading to the conclusion of the contract and conclusion of the contract
a) Online order via our websites
To order one or more services via the online store, the desired service packages must first be marked for ordering by clicking on the "shopping cart" link or button. In the "shopping cart" (which can be reached at any time via a link in the store offer), the customer is then guided through the ordering process, in which each step is explained and the required information is requested.
The ordering process is completed when the customer finally clicks on "buy".
This is the Customer's offer to conclude the contract, which Followersheaven can accept within two working days.
The acceptance of the offer by Followersheaven takes place - after sending an order confirmation - by separate order confirmation or provision of the service.
With the acceptance by Followersheaven the contract is concluded.
In deviation from the foregoing, the contract is already concluded before the order confirmation is sent, if either the order confirmation contains a request for payment or if the payment process is initiated and concluded during or immediately after completion of the order process.
b) Order by telephone, mail, fax or letter
If expressly offered in the online store, the contract is concluded when the customer orders by telephone, mail, fax or letter as follows:
The customer declares verbally or in writing his binding intention to purchase a precisely named service of the offer in the online store. This constitutes the Customer's offer to conclude the contract, which Followersheaven may accept within five days of receipt.
The acceptance of the offer by Followersheaven takes place by sending the delivery confirmation or by providing the service. Therewith the service contract is concluded.
(3) Storage and access to the text of the contract
Followersheaven stores the text of the contract and sends the Customer the order data and the terms of the contract by e-mail. In this way, Followersheaven provides the Customer with the possibility to retrieve the contractual provisions upon conclusion of the contract and to store them in a reproducible form. An access to the contract texts stored at Followersheaven is - with the exception of the freely accessible GTC - only possible for registered customers via the customer account.
(4) Recognition and correction of input errors
In order to recognize and prevent input errors during the order process, the Customer will be shown an overview page for control before the effective order, with the help of which he can check all details of the order and correct the entered data in the input fields himself or by using the "Back" button of the Internet browser.
(5) Available languages
The contract language is German.
§ 3 Prices and terms of payment
(1) The prices displayed at the time of the order shall apply. Packaging and shipping costs are not charged.
(2) Followersheaven accepts all payment methods indicated on the website. Followersheaven will issue an invoice to the Customer for the ordered service, which will be sent to the Customer in text form at the latest after provision of the ordered service.
The total price of the order is payable depending on the selected payment method.
(3) Checks are considered as payment only after they have been cashed.
(4) Towards entrepreneurs Followersheaven is entitled to perform services only against advance payment or security.
§ 4 Packaging and shipping costs
Packaging and shipping costs are not charged for the provision of services.
§ 5 Availability and time of service provision
The availability of the ordered service and the time of the respective service provision can be found in the individual descriptions of the services offered in the online store.
§ 6 Playing in the publicly visible (own) contribution and place of performance
(1) When the service ordered by the customer is provided, the advertising measures ordered in each case are played directly in the post specified by the customer when placing the order. In this context, the contribution specified by the customer must be compulsorily visible to the public.
(2) The place of performance for other obligations arising from the contractual relationship is Göllheim, unless otherwise specified.
§ 7 Notice of consequences of the use of the service, continuation of Followers and liability
(1) The use of the services offered by Followersheaven for the profile of the Customer in a social network, which is to be specifically indicated in an order, is carried out on the Customer's own responsibility.
(2) In particular, Followersheaven does not guarantee that the services provided are in accordance with the terms and conditions of the network operators or the obligations of the customers under competition law.
(3) Due to the terms and conditions of the operators of the social networks as well as in the course of their implementation, it may occur that Followers entered by Followersheaven in the post specified by the Customer are deleted again by the network operators (so-called "Follower Drop"), on which Followersheaven, however, has no influence. The extent of the follower drop can be considerable in individual cases.
If the deletion of Likes or Followers by the operator of a social network occurs within 30 days after the first provision of the service by Followersheaven, Followersheaven will replenish the lost number of Likes or Followers in the post of the Customer. However, if the Customer asserts the claim for the one-time replenishment of the Followers, it shall only refer to the compensation of the loss of the Followers brought in by Followersheaven in the first attempt. Followersheaven is not responsible for any previously existing followers that may also be deleted by the operator of the social network as a result of the follower drop. Further claims of the customer on the continuity of the followers entered by Followersheaven do not exist.
(4) The liability of Followersheaven is governed by the statutory provisions and remains unaffected by the above provision.
§ 8 Procedure for dealing with complaints, dispute resolution procedure
Followersheaven's procedure for dealing with complaints complies with the requirements of professional diligence. Accordingly, should the Customer wish to make complaints, he may do so in writing or verbally via any of the means of communication and addresses/numbers specified herein. Prompt processing is guaranteed.
It is pointed out that Followersheaven is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 9 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not exist if the customer at the time of conclusion of the contract in exercise of his commercial or independent professional activity and therefore as an entrepreneur within the meaning of § 14 Civil Code (BGB) acts.
§ 10 Final provisions
(1) In the event that any provision of these General Terms and Conditions should be invalid, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The invalid clause shall be replaced by the statutory provision. Other provisions shall only apply if in this case adherence to the contract represents an unreasonable hardship for one of the contracting parties. In this case, the contract as a whole shall be invalid.
(2) With regard to all legal relationships arising from this contractual relationship, the contracting parties agree to the application of the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence shall apply.
(3) The place of jurisdiction for all disputes in connection with the contractual relationship between Followersheaven and the Customer is the registered office of the Provider if the Customer is a merchant, a legal entity under public law or a special fund under public law. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.