GENERAL TERMS AND CONDITIONS OF
https://www.berlin-media.net

Welcome to Berlin Media!

 

§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the
contractual relationship between Berlin Media (hereinafter Provider) and you (hereinafter Customer), in the version valid at the time the contract was concluded .

(2) Deviating terms and conditions of the customer will be rejected.
Please read these conditions carefully before using any of Berlin Media's services.

(3) We offer you the following services on Berlin Media:
- Targeted advertising for your target group
- Management of your social media channels
- Creation of content for the respective account
- Personalized branding for your company

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in English.

(2) The customer must have reached the age of 18.

(3) Access to the Berlin Media Service requires registration.

(4) By registering, the customer accepts these General Terms and Conditions. With the registration, a contractual relationship between Berlin Media and the registered customer is created, which is based on the provisions of these General Terms and Conditions.

(5) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer to make an offer.

(6) By ordering a fee-based service, the registered customer enters into a further contractual relationship with Berlin Media that is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective
chargeable service and the terms of payment. The contractual relationship arises when the customer places the order and 1/9 Payment obligation confirmed by clicking on the button " Conclude contract subject to payment".

(7) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website . We will inform you for each service whether electronic billing is available. For more information about e-invoices, visit our website.

§ 3 Description of the scope of services
The scope of services provided by Berlin Media consists of the following services:
The user can obtain information free of charge from our website and, if interested, fill out a form which can describe their contact details and their request.
Furthermore, there is the possibility to contact our e-mail address info@berlin-media.co.za directly.
You can also find information about telephone contact and WhatsApp on our website.

§ 4 Prices and shipping costs
(1) Registration is required to use Berlin Media.

(2) If the user wants to use a chargeable service, he will be informed in advance about the chargeability. In particular, the respective additional scope of services, the costs incurred and the method of payment are 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 accrued fee is to be paid to Berlin Media in advance, at the time it is due, without deduction .

(2) By registering, providing the information required for the payment process and using the fee-based service, the user authorizes the operator to collect the corresponding amount.

(3) A fee-based service is automatically extended by the period booked (subscription) unless it is canceled by email or letter .

(4) The subscription will be withdrawn at the following point in time: After mutual consent and signing of the service contract sent by Berlin Media
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(5) Certain payment methods can be excluded by the provider in individual cases.

(6) The customer is not permitted to pay for the service by sending cash or checks.

(7) If the customer chooses 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 must transfer the invoice amount
to the provider's account within five calendar days of 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 chooses this payment method, the customer gives the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs for this.

(11) If the customer is in default with the payment, the provider reserves the right to assert the damage caused by default.

(12) The transaction can be made using the following means of payment:
- Credit card

§ 6 Registration and termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record that endangers the safety of third parties, in particular not because of a criminal offense against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against bodily integrity (§ 223 ff. StGB), a crime against personal liberty (§§ 232 ff. StGB), or because of a theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.

(2) Subject to reservation, a user is entitled at any time to unsubscribe in writing by post, e-mail or telephone without giving a reason. At the same time, it is possible to completely and personally deactivate the user account within the data and settings .The previously concluded contractual relationship is thus terminated.

(3) If a user has registered for a paid service, he can cancel at least 3 days before the booking period. Will that deadline not be 3/9 adhered to, the chargeable service is extended by the selected booking time and the cancellation only becomes effective at the end of the subsequent booking period. Cancellation is possible by phone, email or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the customer should be given. In the case of termination by telephone, the individual telephone password is required.

(4) Berlin Media can terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Berlin Media further reserves the right to remove profiles and/or any content posted on the website by or by the user. If Berlin Media terminates the user's registration and/or
removes the user's profile or published content, Berlin Media is under no obligation
to inform the user of the reason for the termination or removal.

(5) Following each termination of any individual use of Berlin Media's services, Berlin Media reserves the right to send information about this to other registered users with whom Berlin Media assumes that they were in contact with the user . Berlin Media's decision to terminate the user's registration and/or to notify other users with whom Berlin Media assumes that the user has been in contact does not imply or imply that Berlin Media makes statements about the individual character, general reputation, personal Characteristics still meets above the lifestyle.

(6) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such disclosures 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 due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay
damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the expenses saved is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.

(8) After termination of the contractual relationship, all of the user's data will be deleted by Berlin Media.

§ 7 Limitation of Liability (Services)
(1) Berlin Media assumes no responsibility for the content and correctness of the information in the registration and profile data of the customer or other content generated by the customer.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective ordering parties involved. Therefore 4/9 is liable Berlin Media not for the services of the participating customers. Accordingly, all matters relating to the relationship between the Clients, including, without exception, the services received by a Seeker or payments due to Client, shall be addressed directly to the relevant party of the Client. Berlin Media cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind whatsoever
, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, of whatever kind in connection with the matters mentioned.

(3) Berlin Media is only liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty by Berlin Media or an intentional or negligent breach of duty by a legal representative or vicarious agent of Berlin Media.

(4) Berlin Media Europe is only liable for other damages, insofar as they are not based on the violation of cardinal obligations (obligations whose fulfilment make the proper execution of the contract possible in the first place and on whose observance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Berlin Media or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Berlin Media.

(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the
order value.

(6) Claims for damages based on injury to life, limb or health or freedom become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations expires at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware thereof without gross negligence (§ 199 Para.1 BGB) .

(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and , if necessary, to delete them in whole or in part.

§ 8 Set-off and right of retention
(1) The customer only has the right to set-off if the customer's counterclaim has been legally established or has not been disputed by the provider.

 

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 9 cancellation policy

 

5/9(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period for services is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must tell us:

SWM international OÜ

 

Telephone: +49 15678 702286
Email: info@berlin-media.net

By means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the model cancellation form on our website for this purpose or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation. To meet the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired and for you to have returned the goods via our online returns center within the period defined below .

For additional information regarding scope, content and exercise explanations, please contact our customer service.

(3) Consequences of revocation If you revoke this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than that of have chosen the cheapest standard delivery offered to us) 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 was expressly agreed with you otherwise agreed; under no circumstances will you be charged fees for this repayment.

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6/9 If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract .

(4) Exceptions to the right of cancellation

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods. The right of withdrawal does not exist or expires in the following contracts:

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• For the delivery of goods that are not suitable for return for reasons of health protection or hygiene reasons and whose seal was removed after delivery or which, due to their nature, are inseparable from other goods after delivery have been mixed up.

• For the delivery of sound or video recordings or computer software in a sealed pack if unsealed after delivery

• For the delivery of goods that are manufactured to customer specifications or clearly tailored to personal needs

• For the delivery of goods that can spoil quickly or whose use-by date would quickly expire

• For services, if Berlin Media has provided them in full and you have

• acknowledged and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal if the contract has been completely fulfilled

• For the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts

• For the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded , but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

§ 10 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be 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 regard, our liability is excluded.7/9

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(3) Third parties are not entitled to use contact data for commercial activities if the provider has given the persons concerned prior written consent.

(4) You have the right to receive complete and free information from Berlin Media about the database concerning you at any time .

(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.

§ 11 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after 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. A banner is available to you for this purpose, which you can object to/accept.

(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

§ 12 Jurisdiction and Applicable Law

8/9(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Sales Convention.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 13 Final Provisions
(1) Contract language is German.

(2) We do not offer any products or services for sale by minors . Our products for children can only be purchased by adults. If you are under 18, you may use Berlin Media only with the involvement of a parent or legal guardian.

(3) If you breach these Terms and we do nothing about it, we shall still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.

(4) We reserve the right to make changes to our website, regulations, conditions including these General Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and general terms and conditions in force at the time you place your order, unless a change to these terms is required by law or official order (in which case they will also apply to orders that you
have previously made). If any provision of these Terms of Sale is held to be 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 ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the
meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.