1.1 The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between
Eser Akcesme
Fischerstr. 1
68647 Biblis
(hereinafter referred to as “ELIZWEB”)
and our customers
(collectively referred to as “the Parties”).
1.2 Our offers are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). An entrepreneur is defined as a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent activity. Consumers within the meaning of Section 13 of the German Civil Code (BGB) are excluded from using our services.
1.3 These General Terms and Conditions apply exclusively. Differing, conflicting or supplementary General Terms and Conditions of the customer will only become part of the contract if and to the extent that ELIZWEB has expressly agreed to their validity in writing.
2.1 The presentation and advertising of the services described on the ELIZWEB website do not represent a binding offer by ELIZWEB to conclude a contract, but rather an invitation to the customer to place a binding order with ELIZWEB for the services described on the website or in the offers.
2.2 The customer has the opportunity to contact ELIZWEB via the ELIZWEB website and express their interest in a service offered by ELIZWEB. A contract is concluded when the customer accepts the offer to conclude a contract made by ELIZWEB by email.
2.3 The agreements and arrangements made in an individual contract take precedence over the provisions of these General Terms and Conditions. Agreements and arrangements made verbally are not valid.
2.4 The contract is concluded in German.
2.5 The customer must ensure that the email address he or she provides for business transactions is correct so that emails sent by ELIZWEB can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by ELIZWEB can be delivered.
3.1 As an agency, ELIZWEB provides brokerage services in the areas of brand building, content marketing, social media marketing, public relations and reputation management.
3.2 The services provided by ELIZWEB may deviate from the General Terms and Conditions. For this purpose, ELIZWEB agrees an individual contract with the customer.
3.3 ELIZWEB provides its contractual services with the utmost care and conscientiousness. However, ELIZWEB is not obliged to achieve a specific result.
3.4 ELIZWEB is not obliged to provide the services personally. ELIZWEB is entitled to engage third parties as subcontractors to provide the service. ELIZWEB may also use one or more vicarious agents to fulfill the contract.
4.1 On behalf of the customer, ELIZWEB arranges contacts with its partners who have a network of product testers. These product testers test and evaluate a product or service specified by the customer. The product testers receive no compensation for testing and evaluating a product or service. As part of their referral request, ELIZWEB specifies to its partners that only product testers who are real people who do not receive any remuneration or other compensation for the evaluation and who have not been or will not be promised such compensation are to be suggested and selected. ELIZWEB also specifies to its partners that the product testers’ reviews and ratings must be based on their own real experiences with the customer, the customer’s product and/or the customer’s service.
4.2 Neither ELIZWEB nor the customer have any influence on the result of the product tester’s evaluation. The product tester is solely responsible for this. ELIZWEB cannot therefore guarantee that the product tester will give a specific rating. Ratings from product testers always reflect their own experience and personal opinion. ELIZWEB also does not guarantee the permanent publication of a rating.
4.3 ELIZWEB is not obliged to check whether the product tester provided by the partner meets the requirements in section 4.1. This responsibility rests with the customer.
Consumers have a right of withdrawal. ELIZWEB provides its services exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). They are not entitled to a right of withdrawal.
6.1 If the customer provides ELIZWEB with information and data for use, he assures that he is authorized to hand over and use this information and data. ELIZWEB is not obliged to check the content provided by the customer, in particular not with regard to whether it is suitable for achieving the purpose of the commissioned service.
6.2 If the customer does not comply with his previously mentioned duty to cooperate despite setting a deadline and ELIZWEB is therefore unable to complete its services in whole or in part, ELIZWEB can demand compensation for expenses plus the outstanding remuneration.
7.1 Unless otherwise stated in ELIZWEB’s offer, the prices quoted are net prices. The net prices quoted are in EURO and do not include the statutory sales tax applicable on the day of invoicing.
7.2 Orders placed with ELIZWEB cannot be cancelled in principle. In individual cases, ELIZWEB can agree to cancel the order at the customer’s request. In this case, the customer must pay 50% of the agreed remuneration. In the event of any other cancellation of the order, ELIZWEB is entitled to compensation amounting to 50% of the agreed remuneration. The customer is expressly permitted to provide evidence that no damage was incurred at all or that the damage was significantly lower than the flat rate.
7.3 Unless otherwise agreed, the remuneration is due immediately and must be paid in advance. The remuneration can be paid by bank transfer.
8.1 Only the company or customer named in the offer is entitled to use the ordered service. Transferring the contract to a third party is not possible.
9.1 We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you as a customer can regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. Otherwise, ELIZWEB’s liability is excluded. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
9.2 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of our online system.
10.1 Your personal data will be processed in accordance with our privacy policy. You can find this at the URL www.ELIZWEB.de/datenschutz
10.2 The parties undertake to treat all information and documents of the other party that are designated as confidential or that are to be treated as confidential under the circumstances, as well as their trade and business secrets, as confidential.
10.3 Information and documents that are generally known and accessible at the time of disclosure or that were already known to the receiving party at the time of disclosure or that were legitimately made accessible to them by third parties are not included in the confidentiality.
11.1 Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
11.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11.3 The place of performance and exclusive jurisdiction for all disputes arising from or in connection with this contract is Worms.
11.4 Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by mutual agreement between the contracting parties with a legally valid provision that comes closest to the economic meaning and purpose of the invalid provision. The above provision shall apply accordingly in the event of regulatory gaps.
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