Allgemeine Geschäftsbedingungen
General terms and conditions
preamble
lazylikes.com is specialized in supporting people in their appearances in social networks / social media platforms. LazyLikes is in no way connected to the platform operators, but represents a mediating service provider. LazyLikes assigns third with the task of the user increase and cannot guarantee exact user increase numbers therefore. If the goal (user increase in numbers) is not achieved, LazyLikes will refund the purchase price proportionately. If the goal has already been reached, no refund will be made afterwards.
1. scope of application, definitions of terms
a) lazylikes.com. For the business conditions between lazylikes.com and the customer the following general business conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless lazylikes.com agrees to their validity expressly in writing (also by e-mail).
b) Consumers are persons in the sense of § 13 BGB, i.e. natural persons, who conclude the respective legal transaction for a purpose, which can be attributed predominantly neither to their commercial nor their independent professional activity. In other cases the customers are entrepreneurs according to § 14 BGB. If the customer is a merchant, a legal person under public law or a special fund under public law, the court district of the Regional Court of Hamburg is the place of jurisdiction for all disputes arising from orders placed by the customer with lazylikes.com.
2. subject of performance
a) Unless otherwise agreed, lazylikes.com provides services for the social media channels of the companies YouTube, Facebook, Instagram, Twitter, Soundcloud, Spotify and Vimeo (hereinafter "platform operators").
b) The object of service of lazylikes.com is on the one hand the mediation of services for the purpose of user growth for the social media channel of the customer. lazylikes.com offers its services for consumers / private persons
c) A further substantial part of the achievements and goal of the work of lazylikes.com is the increase of the Social Media users of the respective Social Media appearance. In the following this is called only summarizingly "fans", although also subscribers, followers, likes, friends, Shares, impressions, Saves, comments, video calls, Views, Song calls, Tweets, Retweets, Event promises and invitations are meant. By the achievements of lazylikes.com a unique and fast increase of fans is possible, as well as a longer continuous increase of the numbers.
d) As a rule, proof of delivery can only be provided via the counter reading, which is recorded by screenshots. A natural increase or purchased measures through third parties can not be explicitly considered. Likewise lazylikes.com does not have influence on comments, reviews or personal messages, which appear as accompanying phenomenon - thus not as result of the service -.
e) It can come during and after the switching to decreases of fans. lazylikes.com compensates before mentioned by an extra delivery at a value of 10-20% in advance, in order to ensure also on a long-term basis that the customer can find at least the number of new fans ordered by him on his Social Media channel. Should there ever be a decline, which results in the ordered quantity obviously no longer being available, lazylikes.com will improve within the legal deadlines, should the product description not explicitly be no compensation.
f) The mediated fans are - if not otherwise stated - international profiles. These do not represent a cross-section of the world's population, but in extreme cases 90% can come from a single country. It cannot be ruled out that inactive users are also among the mediated profiles.
g) If the customer provides lazylikes.com with contents (graphics, texts, pictures, videos, links) for the social media appearance, this does not result in any fee claim on the part of the customer against lazylikes.com.
3. conditions for the performance of the service
a) For the successful execution of the service the customer has to transmit the correct URL and to adjust the settings of the social media channel in such a way that a mediation of the users is possible without problems. This includes among other things the public activation of contributions, invitations, groups, photos, comments as well as if necessary changes of the country and age restrictions, category, etc.
b) If lazylikes.com without further information one overlink or several links are transmitted, lazylikes.com distributes the achievement after own discretion. A daily limit is only offered if this is explicitly noted on the respective product page as well as in the order field. Excluded from this are times of acute delivery problems. The provisions stated on the respective product page shall apply. Deviations can be considered only after previous arrangement and if necessary examination.
c) If an agreement has been made in writing (also by e-mail) before the purchase, packages can also be purchased in another form.
d) Particularly in the case of services for events, the customer must place the order in good time. For very short-term orders lazylikes.com can not guarantee their successful processing or reserves the right to refuse the order.
e) If on a video already paid advertisement is switched, lazylikes.com recommends their deactivation within the completion time of the service. Otherwise it can lead with the AdSense or other advertising account if necessary to problems, for which lazylikes.com takes over expressly no responsibility.
4. order process and completion
a) The presentation of the products in the online shop of lazylikes.com is not a legally binding offer, but an invitation to place an order. With the offers the regulations of the product descriptions apply in the Onlineshop and/or on the calculation made available via E-Mail. The URLs of the products can deviate if necessary and are not legally binding. Errors excepted for the rest.
b) The customer can choose services from the offer of lazylikes.com and get to the checkout via the button "Buy now" as well as put the article into the shopping cart. In the checkout area you can either click on "Continue shopping", or by paying with one of the suggested means of payment a binding application to purchase the goods in the shopping cart can be completed.
c) The customer has to transmit his complete data for a correct completion with the order. Of course, the transmitted data will be treated strictly confidential.
d) After sending the order, the customer receives an automatic confirmation of receipt by e-mail, which lists the customer's order again and can be printed using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by lazylikes.com and does not constitute acceptance of the application. Also a possible transmission of the account data by E-Mail for the purpose of the payment by cash in advance does not represent a declaration of acceptance on the part of lazylikes.com. Only with confirmation of the receipt of money the order of the customer becomes valid with lazylikes.com. This confirmation as order acceptance is communicated to the customer by e-mail. The processing time stated in the selection box applies from the beginning of the service. In the vast majority of cases, the start takes place within 24 hours, but in individual cases can take up to five working days.
e) The following restrictions apply to purchases on account: We offer purchase on account only for corporate customers domiciled in Germany. The company must have a website with an imprint whose data is identical to the data given in the order. In addition, the customer must enter his VAT ID in the appropriate field during the ordering process. lazylikes.com reserves the right to refuse delivery on account if there are any remaining doubts. Orders with a sales value of more than 100,00 € (incl. VAT) will only be started proportionately and will only be completed after receipt of payment. If the conditions are not fulfilled, lazylikes.com refuses the execution up to the time of the receipt of payment.
f) lazylikes.com responds to customer questions regarding their order within a maximum of three working days, but usually within one working day. For this the customer should always indicate the order number in order to avoid possible delays in the processing of the inquiry. lazylikes.com reserves the right not to react to inquiries via Facebook. The communication usually takes place by e-mail through lazylikes.com. The customer support must be in proportion to the service provided and should not exceed the latter.
5. assurance of lazylikes.com in the increase of the numbers
a) The services of lazylikes.com, which deal with the increase of fans, are a mediated service and not a sale of fans.
b) Due to the nature of the matter, lazylikes.com cannot guarantee the customer any concrete fan growth figures. lazylikes.com will, however, always endeavour to fulfil the customer's objectives and is prepared to give a corresponding assurance:
The achievement of a specific number is agreed as the subject of the order. Should lazylikes.com not reach this goal, the customer receives a discount in the amount of the percentage deviation. A discount in the amount of the percentage deviation is not permitted if the goal has already been reached and a percentage part has been lost again only afterwards.
c) A shortfall of the delivery time as well as an additional delivery are no reason for defects. However, if the delivery time is exceeded and the agreed target has not yet been reached, the customer is entitled to partial reimbursement.
d) The customer is aware that his request for termination may not be fulfilled. If the delivery on the part of lazylikes.com has already started.
e) Although lazylikes.com assures the complete delivery of the ordered fan number (range). However a loss of this is not avoidable for natural reasons. Instagram (or another social network) may delete inactive users with an update. When and whether these "deletions" occur and whether they affect the number of fans (range) purchased from lazylikes.com can in no way be predicted. Nevertheless, lazylikes.com cannot replace, let alone refund, the order should this occur.
6. term, cancellation
a) Unless expressly stated otherwise, all services offered on lazylikes.com are always unique services. No subscription or the like is taken out.
b) If the agreement between lazylikes.com and the customer is a contract without a fixed term, then both parties have the possibility to cancel the contract with a notice period of 5 days to the end of the month, by e-mail or letter.
7. remuneration, rendering of accounts
a) The remuneration and the prices shown are inclusive of the respective statutory value added tax.
b) In the case of current contracts, lazylikes.com shall be responsible for invoicing. Invoices are due for payment within one week. Deviating from this, the first invoice, which is due in advance, will be handled.
c) lazylikes.com reserves the right to demand advance payments and / or partial payments after the achievement of essential intermediate services. Advance or interim invoices are due for payment within one week.
d) In particular with credit card payment lazylikes.com keeps itself the right before a confirmation of the order by E-Mail or telephone before beginning of the service to catch up. The request usually takes place within 1-5 working days. lazylikes.com reserves the right not to initiate a refund by credit card due to suspicion of fraud.
8. acceptance
a) The customer is obliged - if relevant - to accept the services performed, provided that it meets the requirements specified in the order. Acceptance shall be declared in text form (§ 126b BGB).
b) During the completion phase, lazylikes.com is entitled to present individual components of the service (e.g. graphics) to the customer for partial acceptance. The customer is obliged to accept part of the service if the relevant components of the service meet the contractual requirements.
c) Basis for the fulfilment of the campaigns and the corresponding proof of performance are the vouchers of lazylikes.com (e.g. screenshots of the counter reading provided by lazylikes.com in relation to the desired service). If the counter reading is not directly visible, the proof takes place via corresponding web pages / analysis tools. It should be noted here that any likes, comments, etc. that are added during the execution period of the service are not necessarily attributable to the latter. In particular after conclusion of campaigns complaints cannot be considered regarding the furnished achievement, if from the proofs of lazylikes.com it results that the achievement was furnished. If the performance of the service cannot be completed due to force majeure, no reimbursement will be made insofar as the delivery has already been made before the occurrence of the delivery problem.
d) Already performed services can not be undone or removed by lazylikes.com.
e) In case of niche services that cannot be performed, lazylikes.com reserves the right to refund or an appropriate partial refund.
9. responsibility for social media appearances
a) lazylikes.com assumes no liability for consequences resulting from the legal relations on the one hand between the customer and the fans and on the other hand between the customer and the platform providers. Furthermore, lazylikes.com does not assume any liability for consequences resulting from the legal relationship between the platform operators and the customer.
b) The Social Media appearances provided by the customer have to be legally permissible, a legal examination or assumption of liability does not take place by lazylikes.com. However, lazylikes.com reserves the right to reject the application of certain contents. This includes
- illegal
- racism, fascism, extreme speciesism
- All FSK 18 contents
- Competitions, Votings, Sweepstakes
- gambling, betting
- Trading/securities trading, crypto currencies, etc.
- MLM/Network Marketing
- Pharmaceutical and defence industry
- Tlw. video games
- Violent or repulsive content
- Political contents
- By arrangement: religious content
In addition, lazylikes.com reserves the right to refuse orders for certain content.
c) lazylikes.com assumes no liability for the content provided by the customer (logos, photos, texts, videos, links). A legal examination by lazylikes.com does not take place. Should third parties claim lazylikes.com because of possible violations of law resulting from content of social media appearances, the customer agrees to release lazylikes.com from any liability and lazylikes.com to reimburse the costs incurred by lazylikes.com because of the possible violation of law.
10. liability of lazylikes.com, warranty
a) For a liability of lazylikes.com for damages, the following exclusions and limitations of liability apply without prejudice to the other legal conditions for claims.
b) lazylikes.com is liable without limitation as far as the cause of damage is based on intent or gross negligence.
c) Furthermore, lazylikes.com is liable for the slightly negligent violation of essential duties, the violation of which endangers the achievement of the purpose of the order, or for the violation of duties, the fulfillment of which enables the proper execution of the order in the first place and on the compliance of which you regularly trust. In this case, however, lazylikes.com is liable only for the foreseeable, order-typical damage. lazylikes.com is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
d) The above limitations of liability do not apply in case of injury of life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
e) Furthermore, lazylikes.com is not liable for deletions, negative effects on search engine rankings or other undesirable side effects of the service. This risk is to be carried by the customer, which he accepts with the acquisition of the service expressly.
f) As far as the liability of lazylikes.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
g) The guarantee depends on the legal regulations.
11. legal responsibility for the services of lazylikes.com, indemnification
a) The customer is solely responsible for using the services of lazylikes.com in accordance with all applicable legal provisions. The customer will check for this in own responsibility whether and in which way he is entitled to use the services of lazylikes.com for his social media appearance.
b) The customer is obliged to use the services of lazylikes.com only in compliance with the legal requirements.
c) lazylikes.com is not liable to the customer for the legality of the services of lazylikes.com in the context of the social media appearance of the customer. The legality of the concrete employment of the achievements of lazylikes.com is incumbent exclusively on the customer. lazylikes.com has in this respect no examination obligation in relation to the customer.
d) The customer exempts lazylikes.com from all claims of third parties, which these may assert against lazylikes.com in connection with the provision of the services of lazylikes.com for the customer. This also includes the costs of reasonable legal action.
e) Should third parties assert claims against the customer or lazylikes.com in connection with the provision of services by lazylikes.com, lazylikes.com is entitled to cease its services for the customer immediately and to terminate the contractual relationship.
12. confidentiality, data protection
13.1 Handling data
a) All information, which lazylikes.com receives in the context of the co-operation with the customer, is treated strictly confidentially and passed on only then to third parties, if this is necessary for the order fulfilment and was agreed upon before.
b) In return, the customer undertakes to treat as strictly confidential all information concerning lazylikes.com which becomes accessible to him during the cooperation - insofar as the passing on to third parties is not previously agreed. This agreement also applies beyond the duration of the cooperation.
c) If the customer would like to delete his customer account with lazylikes.com, he writes an e-mail with the request for deletion of his data to [email protected]. lazylikes.com initiates the deletion of the customer data immediately in the ways.
13.2 Discretion
lazylikes.com will never advertise with the social media appearances of existing customers. Also the data of the buyers are passed on only as far as absolutely necessary for the service switching to third parties.
14. final regulations, written form, order language
a) The law of the Federal Republic of Germany shall apply to orders placed by the customer with lazylikes.com to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
b) The order language is German.
c) lazylikes.com stores the order text and sends the customer the order data and the terms and conditions by e-mail. The customer can also view the general terms and conditions here at any time.