Terms and conditions
§ 1 Scope, definitions
(1) For the business relationship between the provider “Famedisda” (Sole Proprietorship), Ignaz-Harrer-Straße 75, 5020 Salzburg, Tel.: +43 664 849 18 54, E-Mail: [email protected], USt.-ID: -)(hereinafter referred to as “provider”) and the customer (hereinafter referred to as “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order. Divergent general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer within the meaning of § 13 BGB, 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, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can use the websites www.famedisda.com (hereinafter referred to as: “website”) from the range of the provider digital products, in particular likes, followers, comments, subscribers and other products for various social networks select and can collect them via a button in a so-called shopping cart. With the button “Buy now” he makes a binding application for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By clicking on the button “Buy now”, the customer agrees to the validity of the general terms and conditions and the provisions on the right of withdrawal.
(2) The provider then sends an automatic confirmation of receipt by e-mail to the customer, in which the customer’s order is listed again and the customer can print it out via the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider 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 with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by e-mail (contract confirmation). The text of the contract is saved while maintaining data protection.
(3) The provider mediates the services offered (eg likes, followers, etc.), so there is no sales contract, but a service contract.
(4) The contract is concluded in German or in English.
§ 3 Services of the provider
(1) The provision of services by the provider shall be deemed to have been fulfilled if at least the agreed number of likes, followers or comparable goals has been reached.
(2) The provider guarantees that the customer receives at least the booked number of likes, followers or comparable contents according to the contractual agreement. However, the provider can not guarantee that the exact number is reached, as a rule, the agreed number is slightly exceeded.
(3) The customer is not entitled to the observance of certain criteria for the conveyed contents (eg Likes from a certain country), as far as this is not expressly agreed or results from the offer on the website of the provider.
(4) The customer acknowledges that, from the beginning of the placement of followers, likes, etc. , termination of the measure is no longer possible. Should the customer therefore want to withdraw from the contract , a claim for cancellation of the previously performed service is excluded. In particular, it is clear to the customer that already mediated followers, likes, etc. can not be removed or reversed, as this is not possible due to the nature of the service.
(5) The provider is entitled to commission subcontractors without the consent of the customer.
(6) The provider reserves the right to refuse service in relation to certain customers. These include in particular social media pages of customers with the following content:
- Unlawful contents, in particular those that violate criminal, data protection, personal rights, licensing or copyright provisions
- Political, religious, discriminatory, defamatory or anti-constitutional content such as racist, sexist or pornographic
- Violence glorifying content
- Illegal betting or gambling
(7) The period for providing the service is based on the information on the website of the provider for the respective service. Exceptional circumstances (force majeure) may lead to an extension of the deadline without the customer being able to demand compensation for this.
§ 4 Obligations of the customer
(1) The customer undertakes to provide the necessary cooperation services in order to enable the provider to carry out its contractual services. Insofar as the customer is required to cooperate or certain conditions have to be created for the service provision by the provider, the provider deviates the customer from this in his offers on the website. These become part of the contract.
(2) If cooperation services are not provided on time by the customer, the provider may, after a reasonable deadline of at least one week, provide these in its own discretion. In this case the participation services are considered as approved by the customer. If the cooperation can not be provided by the provider, the provider is entitled to withdraw from the contract. If damage occurs to the provider as a result of a breach of contractual obligations to cooperate, the customer undertakes to compensate for this damage.
(3) As described in paragraph 1, the provider relies on the cooperation of the customer. If a faulty cooperation of the customer leads to the fact that the services of the provider can no longer be provided, this leaves the payment claim of the provider untouched, ie the provider is entitled to bill the services even if due to the lack of cooperation of the customer no service provision could be fulfilled.
(4) The customer is responsible for the content on his own social media pages and releases the provider from any claims of third parties in this regard. In particular, the provider is not liable if the customer is claimed due to infringement of competition or infringement of property rights.
(5) The customer undertakes to use the service of the provider only for such social media, whose owner and named responsible person is the customer himself.
(6) The customer assures that by him specified social media appearances do not violate applicable state and federal law and violate any rights of third parties. A legal examination or assumption of liability by the provider does not take place. It is the responsibility of the customer to ensure that its content is lawful and does not violate any third party rights.
§ 5 Payment methods and prices
(1) All prices quoted on the website of the provider include, in each case, statutory VAT, unless otherwise stated.
(2) The provider offers only digital products, there are no shipping costs.
(3) The customer can make payment via Paypal or credit card. Paypal fees are borne by the provider.
(4) Payment of the purchase 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. In this case, he has to pay for the year default interest of 5 percentage points above the base rate to the provider. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.
(5) The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
§ 6 Warranty / Money Back Guarantee
(1) The provider assumes no responsibility for the repair and / or restoration of the condition of the profiles that existed prior to the service provided.
(2) The provider can not guarantee position improvements under this contract.
(3) The provider can not guarantee that mediated likes, followers, etc. persist permanently.
(4) In the case of a reduced sale (eg fewer likes than agreed), the provider delivers the difference to the agreed service immediately after notification of the customer.
(5) If a mediation of the agreed service fails (no start of the service within the agreed period), the customer receives his money back. This does not apply if the customer has caused the failure of the mediation.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of 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 of the customer resulting from injury to life, limb or health.
(3) If deletions, blocking or punishment of entries, profiles or company presences of the customer on the respective platform can take place by the social media platforms, the provider do not assume any liability for such cases.
(4) The limitations of para. 1 to 3 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
(5) The provisions of para. 1 to 3 resulting liability limitations do not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the nature of the thing. The same applies if the provider and the customer have reached an agreement on the nature of the item.
§ 8 Privacy
(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract or a consent exists.
(2) Insofar as the customer transmits personal data from third parties, he assures that the consent of the third party has been obtained. The customer indemnifies the provider from any claims of third parties in this regard.
(3) The rights of the customer or the person concerned by the data processing arise in particular from the following standards of the GDPR:
- Article 7 (3) – Right to revoke a data protection consent
- Article 15 – Right to information of the data subject, right to confirm and provide a copy of the personal data
- Article 16 – Right to rectification
- Article 17 – Right to cancellation (“Right to be forgotten”)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right of opposition
- Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right to complain to a supervisory authority
(4) In order to exercise the rights, the customer or the person concerned is requested to contact the provider by e-mail or, in the event of a complaint, contact the responsible supervisory authority.
(5) Reference is made to the privacy policy on the provider’s website.
§ 9 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached by following the internet address:
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 10 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.The statutory provisions restricting 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.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider will be the site of the provider in Helmbrechts (Germany).
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions apply. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
(4) In the event of deviations between the German and the English version of the terms and conditions, the German version shall prevail.