Conditions

Welcome to BOOM my Brand LTD!

§ 1 Scope and Provider

(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the contractual relationship between BOOM my Brand LTD (hereinafter referred to as the provider) and you (hereinafter referred to as the customer) in the version valid at the time of the conclusion of the contract.

(2) Deviating terms and conditions of the customer are rejected. Please read these conditions carefully before using any service of BOOM my Brand LTD.

(3) On the website of BOOM my Brand LTD, we offer the following services:

E-commerce planning
Subscription-commerce strategies
Social media
Advertising campaigns
Marketing strategies
Content marketing
§ 2 Conclusion of the Contract

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

(2) The customer must have completed the 18th year of life.

(3) Access to the use of our services requires registration.

(4) By registering, the customer accepts these GTC. Upon registration, a contractual relationship is established between BOOM my Brand LTD and the registered customer, which is governed by the provisions of these GTC.

(5) The presentation of the service on the website does not constitute a legally binding offer. The presentation of the service merely invites the customer to submit an offer.

(6) By ordering a paid service, the registered customer enters into a separate contractual relationship with BOOM my Brand LTD in addition to the registration. The user will be informed about the respective chargeable service and the payment conditions before concluding this contractual relationship. The contractual relationship is created when the customer confirms the order and payment obligation by clicking the "order with obligation to pay" button.

(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account of the website. We will inform you for each service whether an electronic invoice is available. For more information about electronic invoices, visit our website.

§ 3 Description of Services

The scope of services of BOOM my Brand LTD consists of the following services:

E-commerce planning
Subscription-commerce strategies
Social media
Advertising campaigns
Marketing strategies
Content marketing
§ 4 Prices and Shipping Costs

(1) Registration is necessary to use BOOM my Brand LTD.

(2) If the user wishes to use a paid service, they will be informed of the cost beforehand. In particular, the user will be informed about the additional scope of services, the costs incurred, and the method of payment.

(3) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.

§ 5 Payment Conditions

(1) Any fee incurred is to be paid in advance to BOOM my Brand LTD without any deductions.

(2) Certain payment methods may be excluded by the provider in individual cases.

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

(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment by advance payment 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.

(6) 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.

(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA core direct debit mandate. If a direct debit transaction is reversed due to insufficient funds or incorrect information provided by the customer, the customer shall bear the costs.

(8) If the customer is in arrears with payment, the provider reserves the right to claim damages for delay.

(9) Payment can be made using the following methods:

Direct debit: In the case of a return debit for which the customer is responsible, BOOM my Brand LTD charges a lump sum compensation of 8 € (eight euros). The customer can prove that no damage or significantly lower damage has occurred.
The above provisions apply accordingly to payments of the purchase price of goods sold by third-party providers.

Advance payment
§ 6 Registration and Termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has been convicted of an intentional criminal offense that endangers the safety of third parties, in particular, no offense against sexual self-determination (§§ 174 ff. StGB), an offense against life (§§ 211 ff. StGB), an offense against physical integrity (§ 223 ff. StGB), an offense against personal freedom (§§ 232 ff. StGB), or theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or drug abuse.

(2) A user is entitled at any time, subject to reservation, to deregister in writing by post, email, or telephone without giving reasons. At the same time, there is the option to completely and independently deactivate this within the data and settings in the user account. The previously concluded contractual relationship is thus terminated.

(3) If a user has registered for a paid service, they can cancel at least 14 days before the booking period. If this deadline is not met, the paid service will be extended depending on the chosen booking period, and the cancellation will only take effect at the end of the following booking period. Cancellation can be made by phone, email, or letter and will be confirmed in writing by us. To assign your cancellation, please provide the full name, the email address stored, and the customer's address. In the case of cancellation by phone, the individual phone password is required.

(4) BOOM my Brand LTD may terminate the contract at its discretion, with or without prior notice and without giving reasons, at any time. BOOM my Brand LTD also reserves the right to remove profiles and/or any content published on the website by or from the user. If BOOM my Brand LTD terminates the user's registration and/or removes profiles or published content of the user, BOOM my Brand LTD has no obligation to inform the user of the reason for the termination or removal.

(5) Following any termination of any individual use of the services of BOOM my Brand LTD, BOOM my Brand LTD reserves the right to send a notification to other registered users with whom BOOM my Brand LTD assumes that they were in contact with the user. BOOM my Brand LTD's decision to terminate a user's registration and/or to notify other users with whom BOOM my Brand LTD assumes that the user was in contact does not imply or suggest that BOOM my Brand LTD makes any statements about the individual character, general reputation, personal characteristics, or lifestyle.

(6) Users are obliged not to make any intentional or fraudulent misrepresentations in their profile and other areas of the portal. Such information may result in civil action. In addition, the provider 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 violation of the contract and/or the contractual relationship is terminated, the user shall pay damages amounting to the agreed fee for the remaining contractual period, less saved expenses. The amount of saved expenses is set at a flat rate of 10% of the fee. Both contracting parties remain free to prove that the damage and/or saved expenses are actually higher or lower.

(8) Upon termination of the contractual relationship, all data of the user will be deleted by BOOM my Brand LTD.

§ 7 Limitation of Liability (Services)

(1) BOOM my Brand LTD assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers as well as other content generated by the customers.

(2) The contract regarding the sought or offered service is concluded exclusively between the respective participating customers. Therefore, BOOM my Brand LTD is not liable for the services of the participating customers. Accordingly, all matters concerning the relationship between the customers, including, but not limited to, the services a seeker has received or payments due to customers, are to be addressed directly to the respective party. BOOM my Brand LTD cannot be held responsible for this and hereby expressly disclaims any liability claims of any kind, including claims, services, direct or indirect damage of any kind, whether known or unknown, suspected or unsuspected, disclosed or not, in any way related to the aforementioned matters.

(3) BOOM my Brand LTD 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 BOOM my Brand LTD or an intentional or negligent breach of duty by a legal representative or vicarious agent of BOOM my Brand LTD.

(4) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the contracting party regularly relies), BOOM my Brand LTD is only liable if they are based on an intentional or grossly negligent breach of duty by BOOM my Brand LTD or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of BOOM my Brand LTD.

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

(6) Claims for damages that are based on the violation of life, body, health, or freedom become time-barred after 30 years; otherwise after 1 year, with the statute of limitations commencing at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the debtor as the person liable, or should have become aware of them without gross negligence (§ 199 BGB).

(7) The right to assert further claims for damages remains unaffected.

§ 8 Offsetting and Right of Retention

(1) The customer is only entitled to offset if the counterclaim of the customer has been legally established or is not 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 Right of Revocation

(1) If the customer is a consumer, they have a right of revocation according to the following provisions:

Revocation Policy
Right of Revocation

You have the right to revoke this contract within 14 days without giving reasons.

The revocation period is 14 days from the day of the conclusion of the contract.

To exercise your right of revocation, you must inform us (BOOM my Brand LTD, Address: [Your Address], Email: [Your Email]) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to revoke this contract. You can use the attached model revocation form, which is not mandatory.

To meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of Revocation

If you revoke this contract, we must reimburse all payments we have received from you, including delivery costs (except for the additional costs arising 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 at the latest within 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 fees for this repayment.

If you have requested that the services should commence during the revocation period, you must 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 revocation with respect to this contract, compared to the total scope of the services provided for in the contract.

Model Revocation Form
(If you want to revoke the contract, please fill out this form and send it back.)

To [Insert: BOOM my Brand LTD, Address, Email]:

I/we () hereby revoke the contract concluded by me/us () 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 for notification on paper)
Date
(*) Delete as appropriate.

§ 10 Data Protection

(1) If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties without your consent.

(2) We would like to point out that data transmission over the internet (e.g., communication by email) may have security gaps. It is impossible to completely protect data from access by third parties.

(3) Third parties are not permitted to use contact data published in the imprint for commercial purposes unless the provider has given its prior written consent or there is already a business relationship. The provider and all persons named on this website hereby object to any commercial use and disclosure of their data.

(4) You have the right at any time to receive information free of charge about your personal data stored by us, as well as the right to correct, block or delete this data. You can contact us at any time via the address given in the imprint if you have any further questions on the subject of personal data.

§ 11 Place of Jurisdiction and Applicable Law

(1) For differences of opinion and disputes regarding this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(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.

§ 12 Final Provisions

(1) Contract language is German.

(2) If you have any questions or comments about our General Terms and Conditions, please contact us at the address provided.

BOOM my Brand LTD
7 Bell Yard
London
WC2A 2JR
Vereinigtes Königreich

These General Terms and Conditions are valid as of 2024/08/01