General terms and conditions of business
Tikfollowers.de provides a service with the aim of increasing the number of followers, likes or video views of the customer on Instagram, TikTok or Facebook. It is expressly pointed out that there is no affiliation or other type of business relationship with the platform operators of Instagram, TikTok or Facebook. Only a service in the sense of a mediation is provided that relates to Instagram, TikTok or Facebook.
§ 1 – Scope, definitions
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 the contract was concluded. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity. This also applies if we do not expressly object to the inclusion of the customer’s conditions.
2. A “consumer” within the meaning of these terms and conditions is any natural person who concludes the contract for a purpose that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 of the German Civil Code – BGB).
3. An “entrepreneur” is any natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 Para. 1 BGB).
§ 2 – Formation of a contract
1. If a contract is concluded, the contract comes with it
2. The presentation of the services on the website of the provider does not represent a legally binding offer, but an invitation to submit an offer. By ordering the desired service, the customer submits a binding offer to conclude a contract by submitting the intended Order procedure successfully completed.
a.) The order is made in the following steps:
- – Selection of the desired service
- – Selection of options (e.g. restriction of origin or mediation period)
- – Indication of the goal of the mediation (e.g. profile name or page link)
- – Confirmation by clicking the “Add to cart” button
- – or –
- – For Instagram likes or video views: Confirmation by clicking on the “Select images” or “Select videos” button
- – Selection of the images/videos and confirmation by clicking the “Add to cart” button
- – Enter first name, last name, country and e-mail address
- – Binding dispatch of the order and payment via the selected payment provider
b.) Before sending the binding order, the customer can correct his details or any input errors or cancel the order process at any time by closing the Internet browser.
3. The provider reserves the right to refuse orders in individual cases. This is particularly the case when there is a suspicion of misuse. In these cases it is not possible to complete the ordering process. A claim of the customer is not justified by this under any circumstances. Should the provider determine after the conclusion of the contract that the customer intends or is pursuing misuse, the provider reserves the right to withdraw from the contract. Misuse occurs in particular in the cases specified in Section 8 (3).
4. Otherwise, the provider confirms the receipt of the order directly by an automatically generated e-mail (“order confirmation”), through which the offer is considered accepted and a contract has been concluded.
5. The language available for the conclusion of the contract is German.
6. The text of the contract is stored on the provider’s systems, but is not accessible to the customer. The text of the contract cannot be made available to the customer again after the contract has been concluded. It is therefore recommended that the customer carefully keeps the contract text sent to him by e-mail.
§ 3 – Prices, Maturity, Payment
1. All prices quoted by the provider are gross prices and therefore include statutory sales tax and other price components. As this is a service, there are no shipping costs.
2. The customer has the option of payment
3. Payment of the agreed fee is due upon conclusion of the contract.
4. Offsetting against a claim of the provider with the customer’s own claims is only permissible if this is undisputed or has been legally established or if the customer has a conclusive, substantiated assertion that he is entitled to the transaction for which the respective claim is being asserted. A right of retention from previous transactions or transactions other than the present contractual relationship cannot be asserted. The assignment of claims requires the express consent of the provider.
§ 4 – Right of Withdrawal
If the customer is a consumer, he is entitled to a right of withdrawal according to the following:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for these repayment fees. Have you requested that the service should begin for the cooling-off period,
Special reference to premature expiry of the right of withdrawal
The right of withdrawal also expires in the case of a contract for the provision of services if the entrepreneur has fully provided the service and has only started to perform the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses a right of withdrawal if the contract has been completely fulfilled by the entrepreneur.
§ 5 – EU platform for out-of-court online dispute resolution (OS platform)
The EU Commission has set up an internet platform (OS platform) at http://ec.europa.eu/consumers/odr/ for the online settlement of disputes between entrepreneurs and consumers .
§ 6 – Performance
1. The contractual service of the provider consists of providing followers, likes or video views, depending on the order on the Instagram, TikTok or Facebook platforms. To clarify, it is pointed out that this is not about the sale of the same, but merely an advertising service in the sense of mediation.
2. The provider provides the agreed service within the period specified in the respective description of the services after the conclusion of the contract and receipt of payment, provided that the customer has given his express consent that the service should begin before the end of the cancellation period within the framework of the right of cancellation by the provider . If the customer does not give his express consent to the start of the service before the end of the cancellation period, the service will be provided after receipt of payment and 14 days after the conclusion of the contract. If the customer is an entrepreneur, so that there is no right of withdrawal, the service is provided within the period specified in the respective description of the services after the conclusion of the contract and receipt of payment.
3. Due to the agreed subject matter of the contract, the customer is aware that a specific increase in the number of followers, likes or video views cannot be guaranteed. The agreed number results from the underlying contract. In order to compensate for any losses that are in the nature of things, the provider will mediate at least 10% of the agreed quantity. Additional mediation does not constitute a defect in any case. The same applies if the 10% additional mediation is not reached.
4. The basis for providing the service as in accordance with the contract is a corresponding proof of service from the provider. As a rule, this proof of performance takes the form of screenshots of the meter reading created by the provider in relation to the agreed service or by documenting the meter reading with storage of a time stamp. The meter reading at the beginning and end of the measure by the provider is decisive. In the case of several orders, the meter reading at the time of the last order placed by the provider is decisive. The customer is aware that the parallel commissioning of another service provider with a similar measure can lead to the falsification of the result and a determination of whether the results can be traced back to the provider or the other service provider, not possible. A defect and thus a warranty claim are not justified by this. Such a procedure is at the expense of the customer. It should also be noted that the count may be displayed with a delay.
5. The customer is aware that once mediated followers, likes or video views cannot be removed or reversed due to the nature of the service.
6. The customer is aware that his social media presence must be accessible to all users of the respective platform for the duration until the mediation has been successfully completed, among other things for technical reasons (e.g. to view the meter reading). If the social media presence is deleted or if the profile settings are set to “private”, for example, the mediation cannot be completed or carried out. If, for this reason, the mediation cannot be completed or carried out, the customer will receive a one-time request per order with a period of 7 days by e-mail to make his social media presence accessible to all users of the platform, so that mediation is possible. After the latter period has expired, the provider is released from its obligation to perform. Any claims for performance by the customer are forfeited. In this case, there will be no reimbursement (even pro rata) to the customer.
§ 7 – Liability for Defects / Warranty
1. The customer is aware that followers, likes and video views that are added during the implementation of the service (i.e. also a natural increase) cannot necessarily be traced back to the service provided by the provider. For this reason, the provider will provide additional mediation of at least 10% of the agreed quantity (compare § 6 paragraph 3). This does not constitute a defect; Likewise, falling below the multiple placement does not constitute a defect. Warranty claims regarding the service provided cannot be asserted after its completion if the provider’s proof of service shows that the service has been provided.
2. When mediating followers, likes or video views, any, including those from foreign and inactive profiles, are considered contractual; such mediation does not constitute a defect.
3. § 7 paragraph 2 does not apply if the customer has optionally chosen a restriction of origin and/or gender of the followers or likes to be mediated when ordering. In this case, the provision of 90% of the followers or likes corresponding to the option selected by the customer represents a contractual service. Exceeding this does not constitute a defect. If the provider becomes aware after the customer has placed the order, but before the service is performed, that the execution of the option is not possible for whatever reason, the customer will be informed of this circumstance before the service is performed. In this case he has the right to choose whether they waive the optional race/and/or gender restriction and want a refund of the option fee, or whether they want their entire order canceled and a full refund of the fee paid. A further claim is excluded. Section 9 remains otherwise unaffected.
4. If the customer has optionally chosen piecemeal mediation of the followers, likes or video views to be mediated when ordering, the desired mediation will be carried out successively over several days or weeks according to the selected option. In this case, the period of time selected by the customer as part of the option represents the minimum duration of the mediation. A reasonable exceeding of the mediation period, which is due in particular to the availability of the followers, likes or video views to be mediated, does not constitute a defect, but one contractual performance.
5. The customer is aware that once the mediation of followers, likes or video views has started, it is no longer possible to cancel the measure without further ado. Should the customer therefore, for whatever legal reason, terminate or revoke the contract, a claim for cancellation of the previously performed service is nevertheless excluded. In particular, it is clear to the customer that followers, likes or video views that have already been mediated cannot be removed or reversed, as this is not possible due to the nature of the service.
6. Less Brokerage
a. without optional origin and/or gender restriction
i. Should there be a shortfall in mediation during mediation – i.e. upon termination of the contractual measure – the customer must inform the provider of this in the context of a notice of defects. The provider will then make a follow-up appointment within 7 working days. In principle, it must be taken into account that a deviation of +/- 5% can be expected.
ii. If the provider does not provide its service within 7 working days after the customer has made a complaint, the customer must set the provider a reasonable deadline for supplementary performance. If the service is not provided properly within the set period, the customer can withdraw from the contract. In this case, the customer will be refunded the amount he has paid.
b. with optional origin and/or gender restriction
i. If, during the mediation – i.e. upon termination of the contractual measure – within the framework of the selected origin/gender restriction (option), there is no doubt that there is less than 90% of the mediated followers/likes of the selected options the customer has the right to request a refund of the fee paid for the relevant option. A further claim is excluded. Section 9 remains otherwise unaffected.
7. Flip Followers Warranty
a. for Instagram or TikTok related services
If within 90 days (when arranging likes or video views) or 30 days (when arranging followers) after the end of the last execution by the provider in relation to this last executed order, the agreed quantity is not reached come, the customer can contact the provider. The provider will then carry out subsequent mediation in such a way that the agreed number is reached. The agreed number refers to the specific order for which the agreed number is not reached. So it is not possible that “superimposed orders” are added, i.e. a new order is placed in order to receive subsequent placement for previous orders.
b. for Facebook related services
If the agreed quantity falls short of the agreed quantity within 30 days of the last execution by the provider in relation to this last executed order, the customer can contact the provider. The provider will then carry out subsequent mediation in such a way that the agreed number is reached. The agreed number refers to the specific order for which the agreed number is not reached. So it is not possible that “superimposed orders” are added, i.e. a new order is placed in order to receive subsequent placement for previous orders.
c. for services with option (origin/gender restriction)
If, when providing followers, likes or video views as part of the execution of a service with a selected option, the agreed quantity is subsequently not reached, the same guarantee applies to the option as to the underlying one Basic offer without option (compare para. 7 ab). If the selection of the origin/gender restriction is not available at the time of the follow-up referral made under the Tikfollowers guarantee, the guarantee applies with the proviso that the customer receives a full refund of the selected option fee and the follow-up referral without the corresponding(s). ) option(s) done.
8. The parties agree that the agreed service is merely mediation. It is therefore clear to the customer that the provider cannot provide a permanent warranty or guarantee for followers, likes or video views. After 90 days or 30 days (compare paragraph 7 ac) an assertion of claims due to the undercutting of the agreed target is therefore excluded.
9. Otherwise, liability for defects is based on the statutory provisions.
§ 8 – General Provisions
1. The customer undertakes to only use the services of the provider for such social media appearances, the owner and designated person responsible for which is the customer himself.
2. The customer ensures that the social media appearances mentioned in paragraph 1 are in accordance with German law and do not infringe the rights of third parties. There is no legal review or assumption of liability by the provider. It is the customer’s own responsibility to ensure that their content is legal and does not infringe the rights of any third party.
3. The Provider reserves the right to refuse performance in relation to certain content. These include in particular:
- • Illegal content, in particular that which violates criminal, data protection, privacy, licensing or copyright regulations
- • Political, religious, discriminatory, defamatory or anti-constitutional content such as racist, sexist or pornographic
- • content that glorifies violence
- • Betting, gambling, competitions, voting
In these cases, too, the customer ensures that the aforementioned content is not affected by his order. The customer must check the content independently and before placing an order and undertakes not to carry out an order that has a service in relation to such content. Should the customer nevertheless initiate such an order, the provider is entitled to refuse the service or to withdraw from the contract.
4. The customer undertakes to indemnify the provider against all claims that third parties raise against the provider due to the infringement of industrial property rights, copyrights or illegal content and to indemnify or reimburse him for necessary expenses in connection with such a claim. This claim exists regardless of whether the customer is at fault. The necessary expenses include, in particular, the costs of legal defense, including all court and attorney fees in the statutory amount. In the event of claims by third parties, the customer is obliged to provide the provider with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
§ 9 – Liability
1. The provider assumes no liability for consequences arising from the legal relationship between the customer and the followers/users or their mediated likes and video views. The provider also assumes no liability for consequences arising from the legal relationship between the customer and the platform providers or operators of Instagram, TikTok or Facebook. In particular, the customer who is an entrepreneur is aware that it may be unlawful under competition law to provide / advertise his entrepreneurial content with followers, likes or video views mediated by payment.
2. The customer is aware that, due to the terms and conditions of the platform provider or operator, the use of paid followers, likes or video views may result in the site, profile, contribution or video being blocked or lost. The provider is not liable in these cases. A claim for warranty and/or compensation is excluded in this regard. The same applies to any negative effects, e.g. on search engine rankings or other undesirable side effects of the service used.
3. Apart from that, the following exclusions and limitations of liability apply to claims for damages without prejudice to any other statutory entitlement requirements:
a) Unless otherwise specified in these conditions or in the contract itself, the provider is only liable for intent and gross negligence, with the exception of damage to life, limb or health, where liability for intent and negligence exists – including his legal representatives, employees, employees, representatives and vicarious agents – unless an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, the provider is also liable for negligence.
b) In the event of a breach of essential contractual obligations, the provider is only liable for compensation for the contractually typical, foreseeable damage, insofar as this was caused by slight negligence, unless the customer claims for damages resulting from injury to life, limb or health.
c) In accordance with the statutory provisions, the Provider shall be liable insofar as claims arise from the assumption of a guarantee or a procurement risk, in the case of fraudulently concealed defects, from the violation of essential contractual obligations, for damages instead of performance, due to mandatory liability under the Product Liability Act or other mandatory liability be made.
§ 10 – Data protection
1. Personal data is collected and stored by the customer if the customer voluntarily communicates this to the provider in the course of an order. The data provided will only be used to fulfill and process the contract, taking into account the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG-new) and the Telemedia Act (TMG). We would like to point out that data transmission on the Internet – for example when communicating by e-mail – can have security gaps. A complete protection of the data against access by third parties is not possible in this sense. The personal data transmitted by the customer, including the address and e-mail address, will not be passed on to third parties without express consent, which can be revoked at any time. However, it may be passed on to third parties as part of the contract processing in the form that, for example, the data must be passed on to the company commissioned by the provider for the purpose of the service. The transfer of data only includes data that is necessary to achieve the purpose of the contract. Furthermore, in the event of payment disruptions, a claim may be assigned to a debt collection agency. However, the data passed on in each case may only be used by the service providers for the purpose for which it was passed on. In addition, personal data will not be passed on to third parties unless the provider is legally obliged to do so or a corresponding consent has been given beforehand.
2. Personal data that was only communicated for the purpose of processing orders will first be blocked once the contract has been completed and then deleted after any tax and commercial law regulations have expired, unless express consent has been given to further use of the data. Storage of currently up to 10 years may be necessary for commercial and tax reasons.
3. According to the relevant legal regulations, the customer has the right to obtain information about the data stored by him at any time and free of charge without giving reasons. In addition, there may be a right to correction, restriction of processing or deletion of the data if the prerequisites for this are met. Furthermore, rights to data portability and a right to lodge a complaint come into consideration. The customer also has the right to revoke the consent to data collection and use at any time without giving reasons. For questions about the collection, processing or use of the customer’s personal data, for information, correction, restriction of processing, data transmission, deletion of data or revocation of a given consent, the provider is either by post or under email@example.com erreichbar.