General conditions of sales and delivery by LUCKY CHARM Social Media Marketing
USE AND VALIDITY
The general conditions of sales and delivery (hereinafter referred to as “these terms” apply for any sales by LUCKY CHARM Social Media Marketing, or SMMLC , “us” or “we”. These terms apply whether the agreement was made online, through the phone, via email or in any other way. Any deviation from these terms, as may be specified in the Buyer’s order regarding offers, orders, accepts and purchase conditions, etc., is void unless an agreement has been specifically approved by SMMLC in writing. OFFER AND ORDER: An offer from SMMLC is created based on the information received from the Buyer. The Buyer is therefore obligated to ensure that we receive all relevant information in relation to the order.
The Buyer can cancel or modify a given order, only if SMMLC agrees with this in writing.
Due date for payment is 07 days from date of invoice. Any delay of payment entails an obligation for the Buyer to pay SMMLC 1,5% default interest per month. In addition, the Buyer will be charged a reminder fee of US$ 80 for each reminder letter. The Buyer shall not retain payments or set off payments it owes as security for any counterclaims concerning other deliveries. This will be considered a serious breach of contract.
Any guarantee on SMMLC part is binding, only after it has been agreed in writing and is subject to conditions mentioned in this document.
SMMLC is not responsible for whether an agreement with influencers is fulfilled.
DISCLAIMER AND LIMITATION OF LIABILITY
SMMLC may use 3rd party software vendors and data providers such as Facebook, Instagram and Google. We have no control over and are therefore unable to accept any responsibility for any indirect, economic or consequential loss for the Buyer whatsoever. This includes loss of revenue, loss of profits, loss of goodwill or reputation, loss of removal of data or any professional charges. SMMLC also disclaims any liability for loss of data, software or costs associated with the recovery thereof. Furthermore, SMMLC is not responsible for the availability of 3rd party data sources or software and can at any time cancel orders for refunds of the prepaid amount in the event that 3rd parties prevent the delivery. Our limitation of liability will not prejudice our obligations or liability under mandatory law. Any delay in delivery does not entitle the Buyer to exercise any remedies unless it has been agreed in writing. In such situations where there is delay in visible results (which is often caused by delay in updating the latest results and scores from Youtube and other platforms) - the buyer may not cancel the order, may not demand refund or post negative comments about SMMLC until sufficient time has passed (minimum 30 days), which gives a chance for the desired results to become visible.
SMMLC is not liable for failure to meet its delivery obligations, if the situation is due to circumstances beyond our control, including force majeure. We reserve the right to cancel or to deliver the order as soon as the situation is back to normal. If the fulfilment of the order has been impossible for more than 3 months due to force majeure, the Buyer may terminate the agreement without claim for compensation. Force majeure occurs when SMMLC or our subcontractors are prevented from fulfilling our obligations as a result of war, civil war, rebellion, public restrictions, import or export bans, natural disasters, including but not limited to earthquakes, floods, storm surges, tornadoes, volcanic eruptions, and labour disputes, strike, fire or similar circumstances that SMMLC was not able to avoid at the time of the conclusion of this agreement and whose consequences we were not able to prevent. PERSONAL DATA The Buyer is responsible for complying with the personal data protection act, including regulations on security. SMMLC cannot be held responsible provided that we meet the Buyer’s specifications.
The Buyer is responsible for complying with the marketing act, and SMMLC cannot be held responsible provided that we meet the Buyer’s specifications.
PERSONAL DATA (GDPR)
The Buyer is responsible for complying with the personal data protection act (GDPR), including regulations on security. In order to ensure this, SMMLC has framed a General Data Processing Agreement that all buyers comply with when entering into an agreement with SMMLC unless the Buyers Data Proccessing agreement has been specifically approved by SMMLC in writing.
SMMLC may reference to the Buyer and the Service in our marketing and PR material.
PROPERTY RIGHTS, COPYRIGHT, ETC.
Any materials, creative concepts, knowhow, methods or products developed collectively or by SMMLC, our subcontractors or the Buyer are free to use by the Buyer and SMMLC. The copyright belongs to SMMLC, and the Buyer may use the work only when the full purchase price plus any interest has been paid.
SMMLC is entitled to allow part or all of the work to be performed by subcontractors.
LAW AND VENUE
Any dispute concerning the interpretation of the agreement, or the fulfilment and enforcement of these terms will be expressed and implemented in accordance with EU legislation.
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