General terms and conditions
§ 1 General
a) Scope of application
These general terms and conditions apply to all business relations between the company Socialnow.de, Jens Röge, Friesenstraße 37, 28203 Bremen and its customers in the version valid at the time the contract is concluded. Conflicting general terms and conditions of the customer are hereby expressly rejected.
b) Contract agreement
The contractual language determined by the court shall be German.
§ 2 Conclusion of contract
a) Offer and Conclusion of Contract
The presentation of all available products in the online shop does not represent a binding offer in the legal sense, but an invitation to order. Any errors are excepted. By clicking the button “Pay now” you place a binding order for the respective goods. The sales contract is concluded when we confirm your order by e-mail immediately after receipt of your order.
The rights of the respective user with the contract concluded on the socialnow.de website are not transferable to other persons.
c) Subsequent change of the terms and conditions
Socialnow.de is entitled to the subsequent adaptation and amendment of the general terms and conditions of existing business relationships, as far as the changes to the current legislation or jurisprudence to adapt accordingly that the contractual relationship is not disturbed. A subsequent amendment to the terms and conditions shall become effective if the customer does not object to the amendment within six weeks of notification. Socialnow.de will expressly point out to the customer at the beginning of the period the effect of his silence as acceptance of the contract change and give him the opportunity to make an explicit declaration during the period. If the customer objects in due time, both socialnow.de and the respective customer may terminate the contractual relationship extraordinarily.
§ 3 Performance
The site socialnow.de is a provider in the field of marketing & social media management. Socialnow.de offers its customers the opportunity to win new fans, views & followers through advertising campaigns in order to increase their reach and visibility on social networks.
b) Power delays
socialnow.de is in no way responsible for short-term delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented even by the utmost care and willingness of socialnow.de (this includes in particular public strikes, official or judicial orders and cases of incorrect self-supply despite the cover transaction to that effect). They entitle socialnow.de to postpone the delivery accordingly for the duration of the obstructive event.
In the event of a possible unavailability for the aforementioned reasons, socialnow.de can withdraw from the concluded contract at any time. socialnow.de undertakes to inform the customer immediately and without detours of the unavailability by email/telephone and to reimburse any consideration already rendered immediately by way of a chargeback.
d) Availability of service
Socialnow.de is always anxious to adapt its services to current technical developments and current market developments. Socialnow.de therefore reserves the right to make any changes to the agreed services as long as such changes do not affect the core services and, taking into account the interests of the respective contractual partner, are reasonable for the latter. The corresponding database is guaranteed within the framework of technical and operational possibilities, taking into account the interests of the customer, whereby temporary and temporary restrictions are possible within a reasonable framework (e.g. possible server maintenance, other technical malfunctions).
§ 4 Prices and running time
The prices and products for the individual services are to be understood as absolute final prices and are based on the price list valid at the time the respective order is placed and the respective product range.
b) Right of retention
The customer shall only be entitled to assert a right of retention for counterclaims which are due and based on the same legal relationship as the customer’s obligation.
§ 5 Availability
Socialnow.de does not guarantee the availability of the offered services at any time. It also does not guarantee that the services offered or parts thereof will be made available and can be used from any location.
§ 6 License
To the extent necessary for the provision of the services of socialnow.de, socialnow.de acquires the rights of use to the content posted.
§ 7 Usage
a) Abusive use
Misuse shall be deemed to have occurred in particular in the case of any copyright infringements. In addition, there is misuse in the provision, dissemination or otherwise exploitation of data acquired illegally and in the dissemination or provision of data for illegal purposes.
In particular, the use of the services of the site Socialnow.de is prohibited in the following cases:
- for sending any spam,
- to send and save infringing, obscene, threatening, insulting or otherwise infringing content,
- to send and save any viruses, worms, Trojans or other malicious computer codes, files, scripts, agents or other programs.
to violate the rights of third parties
to send and save any viruses, worms, Trojans or other malicious computer codes, files, scripts, agents or other programs.
The user undertakes to indemnify socialnow.de against all claims by third parties, including reasonable or legally determined costs for legal prosecution, which are based on a non-contractual, abusive and/or illegal use of the website services and the respective contents of the user. The user supports socialnow.de in defending these claims, in particular by providing all information necessary for the defence. The user is obliged to pay compensation for the damage caused to Socialnow.de by the successful enforcement of such claims by third parties.
c) Conflict resolution
If you should open for any reasons a conflict resolution with Paypal without apparent and comprehensible reason, we charge a processing fee of at least 12.90€ of the purchase amount.
§ 8 Adhesion
Socialnow.de as well as their legal representatives and vicarious agents are liable under the following reservation only for intent or gross negligence. In the case of slight negligence, liability shall only apply to the breach of essential contractual obligations, i.e. obligations the observance of which is of particular importance for achieving the purpose of the contract. The liability is limited to the foreseeable, contract-typical, direct so-called average damage. In the event of a grossly negligent breach of non-essential contractual obligations, socialnow.de shall only be liable to customers who are not consumers to the extent of the foreseeable, contract-typical, direct average damage.
b) Disclaimer of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain completely unaffected by the exclusion of liability.
c) Special provisions
d) Terms of delivery
If you order one of the services offered on our website to advertise your projects with a binding order. If you are not allowed to order an additional service provider to advertise your projects at the specified time of delivery, as this will lead to complications.
§ 10 Final provisions
a) Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of socialnow.de in the Hanseatic City of Bremen, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or provided that the customer has no place of jurisdiction in the Federal Republic of Germany.
b) Right selection
Unless mandatory statutory provisions in accordance with the customer’s home law conflict, German law shall be deemed to be firmly agreed, excluding the UN Convention on Contracts for the International Sale of Goods.
c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
Socialnow- Social Media Marketing
28203 Bremen, Germany