GENERAL TERMS AND CONDITIONS OF
Welcome to Emerald Swift Media!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between Emerald Swift Media (hereinafter referred to as "Provider") and you (hereinafter referred to as "Customer"), in the version valid at the time of the conclusion of the contract.
(2) Deviating GTC of the Customer will be rejected.
Please read these terms and conditions carefully before using any service of Emerald Swift Media.
(3) On Emerald Swift Media we offer the following services:
- Social Media Marketing
- Paid Ads
- Website Design and Optimization
- Marketing Strategies
§ 2 Conclusion of the contract
(1) Contracts on this portal can be concluded in German and English.
(2) The customer must have reached the age of 18.
(3) The access to the use of the Emerald Swift Media-Service requires the registration.
(4) By registering, the Customer accepts these General Terms and Conditions. With the registration a contractual relationship between Emerald Swift Media and the registered Customer arises, which is governed by the regulations of these GTC.
(5) The presentation of the service on the website does not constitute a legally effective offer. Through the
presentation of the service, the customer is merely invited to make an offer.
(6) By ordering a paid service, the registered Customer enters into a further contractual relationship with Emerald Swift Media, which is separate from the registration. The user will be informed about the respective paid service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship comes into existence when the customer confirms the order and payment obligation by clicking on the button "conclude contract subject to payment".
(7) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account of the website. We will notify you for each service whether an electronic invoice is available. For more information about electronic billing, please visit our website.
§ 3 Description of the scope of services
Emerald Swift Media's scope of services consists of the following:
You can make an appointment with us free of charge and after analyzing your needs you will receive a customized offer/contract from us. As soon as the contract is signed and returned to us, and the other conditions are met, we will start working on your project immediately.
§ 4 Prices and shipping costs
(1) To use Emerald Swift Media a registration is necessary first.
(2) If the user wants to use a service with costs, he will be informed about the costs beforehand. In particular, the respective additional scope of services, the costs incurred and the method of payment will be listed.
(3) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Terms of payment
(1) Any fee due shall be paid to Emerald Swift Media in advance, at the time it is due, without any deductions.
(2) With the registration, the indication of the information necessary for the payment procedure as well as the use of the chargeable service, the User grants the Operator the authorization to collect the corresponding amount.
(3) A paid service is automatically renewed for the respective booked period (subscription), unless it is cancelled by telephone, e-mail or letter.
(4) The subscription is collected at the following time: Debit on the first working day of each month. After the receipt of payment is booked, only then the provision of the service.
(5) Certain payment methods may be excluded by the Provider in individual cases.
(6) The Customer is not allowed to pay for the service by sending cash or checks.
(7) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(8) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order.
(9) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the amounts due.
(10) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(11) If the Customer is in default with the payment, the Provider reserves the right to assert the damage caused by the default.
(12) The settlement can be made via the following means of payment:
§ 6 Registration and termination
(1) Furthermore, the customer declares that he and, to the best of his knowledge, no member of his household has been convicted of an intentional criminal offense that endangers the safety of third parties, in particular of a criminal offense against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user is, subject to reservation, entitled to unsubscribe in writing by mail, e-mail or telephone at any time without stating a reason. At the same time, it is possible to completely and manually deactivate the user account within the data and settings. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, he or she may terminate the contract no later than 30 days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the selected booking period, and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. So that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be indicated. In case of a cancellation by phone, the individual phone password is required.
(4) Emerald Swift Media may, at its sole discretion, terminate the Agreement at any time, with or without notice and without cause. Emerald Swift Media further reserves the right to remove profiles and/or any content posted on the Site by or from the User. In the event that Emerald Swift Media terminates the User's registration and/or removes any profile or published content of the User, Emerald Swift Media shall have no obligation to notify the User of such termination or removal or the reason therefor.
(5) Following any termination of any individual use of Emerald Swift Media's Services, Emerald Swift Media reserves the right to send notice of such termination to other registered Users with whom Emerald Swift Media believes it has had contact. Emerald Swift Media's decision to terminate a User's registration and/or notify other Users with whom Emerald Swift Media believes the User has been in contact does not imply or imply that Emerald Swift Media is making any representations about the User's individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such information may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If a User's access is blocked and/or the contractual relationship is terminated due to culpable breach of contract, the User shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship all data of the user will be deleted by Emerald Swift Media.
§ 7 Disclaimer
(1) Emerald Swift Media assumes no responsibility for the content and correctness of the information in the registration and profile data of the orderers as well as further content generated by the orderers.
(2) Emerald Swift Media is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Emerald Swift Media or an intentional or negligent breach of duty by a legal representative or vicarious agent of Emerald Swift Media.
(3) Emerald Swift Media is only liable for other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty of Emerald Swift Media or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of Emerald Swift Media.
(4) Although the contents of the emeraldswift.de website have been created with the greatest care, we can we can not guarantee the accuracy, completeness and timeliness of the information provided.
and topicality of the information provided. Liability claims are
excluded in principle. We reserve the right to change the content of the website without prior
without prior notice to change, delete or cease publication in its entirety.
§ 7.1 Links
On our website we refer directly or indirectly to other Internet sites
via so-called "links". The current and future contents as well as the design
of these linked websites are outside our area of responsibility.
Therefore I dissociate myself from them. For foreign Internet pages is their
provider is responsible.
§ 7.2 Copyright protection
The contents of our website are subject to German copyright law
especially the design, texts and photos. The not by the copyright
by the copyright law requires our prior written consent.
our prior written consent, this applies in particular to their
reproduction, distribution, editing, display in frames and reproduction in databases
reproduction in databases or other electronic media and systems.
Only the production of copies and downloads for private and non-commercial use is
commercial use are permitted.
§ 8 Offsetting and right of retention
(1) The Purchaser shall only have the right to set-off if the Purchaser's counterclaim has been legally established or has not been disputed by the Supplier.
(2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 9 Cancellation policy
(1) If the Purchaser is a consumer, he shall have a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must:
Emerald Swift Media
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
(3) Consequences of the 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 type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the 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; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
(4) Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of services that are made according to customer specifications or are clearly tailored to personal needs for services, if Emerald Swift Media has provided them completely and you have noted and expressly agreed before the order that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
§ 10 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive complete and free information from Emerald Swift Media about the data concerning you.
(5) Furthermore, the user has the right to correct/delete data/restrict processing.
§ 11 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 12 Jurisdiction and applicable law
(1) Any disagreements and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the Provider.
§ 13 Final provisions
(1) The contract language is German or English.
(2) We do not offer services for purchase by minors. If you are under 18, you may use Emerald Swift Media only with the involvement of a parent or guardian.
(3) If you violate these TOS and we do nothing about it, we will still be entitled to exercise our rights on any other occasion in which you violate these contractual terms.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions, at any time. Your order will be governed by the terms and conditions in effect at the time of your order, unless a change to these terms and conditions is required by law or governmental regulation (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.