General Terms and Conditions
for the service "SOCIALMONK"
- Scope of application
1.1 Majuma GmbH, Schatzbogen 33, 81829 Munich, Germany, e-mail: firstname.lastname@example.org operates an instagram management service with the name “SOCIALMONK”, which can be accessed on the Internet at the URL www.socialmonk.net. With SOCIALMONK users can subscribe to an Instagram manager, which promotes the range of an Instagram profile by generating followers and likes.
1.2 The offer is aimed at consumers and entrepreneurs. According to § 13 BGB (German Civil Code), a consumer is any natural person who makes purchases on SOCIALMONK for a purpose that is predominantly neither commercial nor self-employed. Entrepreneur in the sense of § 14 BGB is any natural or legal person or partnership with legal capacity, who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.3 These General Terms and Conditions (GTC) are an integral part of the contract and apply to all business relationships, including future ones, between Majuma GmbH and you in connection with the SOCIALMONK service. You accept the General Terms and Conditions in their entirety in the version valid at the time of the conclusion of the contract. Any provisions deviating from these terms and conditions, in particular any terms and conditions you may have, are hereby rejected.
1.4 As far as Majuma GmbH updates these GTC, it will immediately inform its customers about the new version. The new GTC become part of the contract if the customer has agreed to them or does not object to the GTC within two weeks after notification of the update.
2. Service models, registration, profile
3. Offers, ordering and contract conclusion
3.2 We will then send you an order confirmation by e-mail in which your order is listed again and which you can print out by clicking on the “Print” function. The order confirmation represents the acceptance of your offer. If you do not receive the order confirmation within 24 hours of your order, please contact us immediately.
3.3 We point out that Majuma GmbH is entitled to use the e-mail address of the customer given during the conclusion of the contract to send him direct advertising for its own similar goods or services. The Customer may object to this use of his e-mail address at any time without incurring any costs other than the transmission costs according to the basic rates. For an objection you can contact Majuma GmbH, Schatzbogen 33, 81829 Munich, Germany, by mail to Majuma GmbH, Schatzbogen 33, 81829 Munich, Germany, by contact form or by e-mail: email@example.com.
4. Term and cancellation of a subscription
Subscription contracts are initially concluded for the selected period (1 week/ 1 month). They are automatically renewed for the same period until the customer cancels the contract before the end of the respective term. You can send us a cancellation in text form (by letter or e-mail).
5. Prices Payment, offsetting, right of retention
5.1 The prices stated on our website at the time of the order shall apply. The prices are shown in EURO (€) and US Dollar ($). For orders from consumers from Germany and from other EU countries, all prices are understood to include the currently valid German statutory value added tax (gross end price). Orders from customers from Germany or other EU countries, which have a VAT identification number, are always made at the valid net end price, this is the gross end price minus the respective valid German statutory VAT. In the case of orders from customers, regardless of whether the customer is a consumer or an entrepreneur, from third countries that do not belong to the EU, the prices quoted are net, i.e. without the currently valid German statutory value added tax. Customers from third countries have to pay all local taxes and other duties which are incurred locally in connection with the conclusion of a SOCIALMONK subscription.
5.2 The subscription price including all other costs, if any, is due initially upon conclusion of the contract and at each renewal of the contract for the respective term of the subscription. Payments shall be made without discounts or other deductions unless another method of payment is expressly agreed in writing and shall be made in accordance with the following provision in clause 6 by PayPal or credit card before the subscription services are provided.
5.3 In the event of an extension of a subscription (see clause 4), you must pay a new fee for the extension period. The subscription price for the extension period will be calculated at the beginning of the extension period using the payment method you selected when ordering.
5.4 The obligation to pay the subscription price in full remains unaffected if Majuma GmbH is unable to provide the services owed for reasons beyond their control (e.g. due to the customer’s failure to provide current Instagram access data or private connection of the Instagram profile, non-availability of Instagram, blocking of any kind by Instagram).
6. Payment methods
The following payment options are available to you when concluding a contract on SOCIALMONK:
6.1 Credit card (via Stripe, Inc.):
Before completing your order, select “CREDIT CARD” and the appropriate credit card type listed there. You will then enter the required data of your credit card, which will be transmitted via Secure Socket Layer (SSL) encryption technology to our payment service provider Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, California 94107, USA. Upon conclusion of the contract we will then charge your credit card.
If there is an erroneous, double or unauthorized charge on your credit card account, please contact our customer service via e-mail to firstname.lastname@example.org or via the contact form. In case of unjustified refund requests, we will charge a processing fee of 25,- EUR in addition to the costs incurred by us.
Before completing your order, select “PayPal” – a service of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg – as your payment method. Please follow the further instructions on our website or from “PayPal”. Before the final completion of your order you will be asked by “PayPal” in a separate window to make the payment. Once this payment process has been completed by “PayPal”, you will complete the actual order process.
7. General principles of service provision
7.1 Statements and explanations about the services of the service “SOCIALMONK” on the websites, social media appearances or other advertising material of Majuma GmbH are not to be understood as a guarantee or assurance of a characteristic. Statements about “SOCIALMONK” only constitute guarantees or assurances in the legal sense if they are expressly designated as “guarantee” or “assurance”. Majuma GmbH does not owe – unless otherwise agreed – any success with regard to the services provided by the “SOCIALMONK” service, i.e. in particular no specific number of followers, like or commentary etc. Since an increase in the size and reach of an Instagram profile depends on a number of factors, in particular on the quality and frequency of the content posted by the customer, Majuma GmbH does not owe any increase in the number of followers, like or comments on the customer’s Instagram profile.
7.2 Majuma GmbH is entitled to use the help of subcontractors in the context of the provision of services.
7.3 The customer supports Majuma GmbH to the necessary extent in the provision of services. In particular, the Customer has to provide Majuma GmbH in due time with the necessary access data to the Instagram profile that is the subject of the contract. With the order confirmation email (see above under point 3.2) or with a separate email the Customer will receive information on how to transfer his Instagram access data to Majuma GmbH for the maintenance of his profile on this social network. The customer is solely responsible for notifying Majuma GmbH immediately via a secure transmission channel of any changes to his access data during the term of the contract. With the termination of the contractual relationship, the Customer is subject to the post-contractual obligation to change the password for his Instagram account for security reasons.
7.4 The customer warrants that he is the owner or provider of the Instagram account covered by this agreement.
7.6 The customer shall publish and use content on Instagram at its own risk. Majuma GmbH does not confirm, support, represent or guarantee in any way the completeness, truthfulness, accuracy or reliability of the content published by the customer on the social network in his account.
7.7 The customer warrants that his Instagram profile does not contain any illegal and/or abusive content. This includes content that violates laws, is pornographic, racist, anti-Semitic, discriminatory and/or violates human dignity. Majuma GmbH is not obliged to legally check the contents of the customer. The customer is solely responsible for their legality. However, Majuma GmbH is entitled to stop the provision of services and to terminate the contract with the customer without notice if the customer or a third party commissioned by the customer publishes illegal and/or abusive contents.
7.8 The Customer indemnifies Majuma GmbH from any liability in case of a violation of clauses 7.5-7.7 of these GTC and assumes the necessary costs of legal defense in case of a legal claim against Majuma GmbH.
8. Cancellation policy
8.1 If you conclude a contract with us as a consumer, you are basically entitled to a statutory right of revocation, about which we provide information below in accordance with the statutory model. A sample revocation form can be found in section 8.2.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform Majuma GmbH, Schatzbogen 33, 81829 München, E-Mail: email@example.com by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
8.2 Model cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
Address: Schatzbogen 33, 81829 Munich
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
9. Liability and availability
9.1 A liability of Majuma GmbH – regardless of the legal basis – only occurs if the damage
by culpable breach of a material contractual obligation or material secondary obligations in a manner that endangers the achievement of the purpose of the contract, or
by gross negligence or intent of Majuma GmbH
has been caused.
9.2 If Majuma GmbH is liable for the breach of an essential contractual obligation according to clause 9.1a) without gross negligence or intent, the liability is limited to that extent of damage which Majuma GmbH typically had to expect at the time of the conclusion of the contract due to the circumstances known to it at that time. This applies in the same way to damages caused by gross negligence or intent by employees or agents of Majuma GmbH who are not part of its managing directors or executive staff. The liability for consequential damages, especially for loss of profit or compensation for damages of third parties, is excluded, unless Majuma GmbH is guilty of intent or gross negligence.
9.3 Claims for damages under the Product Liability Act and for damages resulting from injury to life, body or health remain unaffected by the above limitations of liability.
9.4 The aforementioned limitations of liability also apply in favour of possibly involved legal representatives and vicarious agents of Majuma GmbH.
9.5 If the Customer acts as an entrepreneur (clause 1.2) Majuma GmbH is liable for a maximum period of one year after the discovery of the breach of duty.
9.6 Any liability claims are void if the Customer intervenes on his own initiative in the sphere of Majuma GmbH, modifies services of Majuma GmbH in any way, regardless of the extent to which such modifications take place or have taken place. Furthermore, Majuma GmbH is explicitly not liable for damages due to sanction measures taken by Instagram due to the provision of the commissioned SOCIALMONK services (e.g. action blocking, account blocking, etc.), nor for the availability of Instagram.
10. Data protection
10.1 In handling your personal data we comply with all provisions of the Data Protection Ordinance (DSGVO), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) and are entitled to collect, process and use all data concerning the business relationship with you in compliance with these laws.
10.2 Further information about the type, scope, place and purpose of the collection, processing and use of personal data required for the execution of orders can be found in our data protection provisions at https://www.socialmonk.net/datenschutz/.
11. Information on alternative dispute resolution
EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/.
For consumer disputes with us, the consumer dispute resolution service would be online mediators. Zentrum für Europäische Verbraucherschutz e.V., Bahnhofsplatz 3, 77694 Kehl, Germany, www.online-schlichter.de. However, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12. Choice of law, place of jurisdiction
To the extent permitted by law, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected. The exclusive place of jurisdiction for disputes with customers who act as consumers and do not have a general place of jurisdiction in Germany, who move their place of residence abroad after conclusion of the contract or whose place of residence is not known at the time the action is filed, is at our respective company headquarters. The same applies to legal disputes with customers who act as merchants within the meaning of § 38 ZPO (German Code of Civil Procedure).
Status: March 2020