(1) e-tailbooster GmbH (contractor) is commissioned to arrange product tests by product testers. The testers usually give a review within 30 days of receipt of the product and may keep the tested products. The client delivers the products to be tested to the contractor and independently arranges the product tests via https://tool.clubderprodukttester.de and https://tool.reviewjoy.com.
(2) As a Basic, Plus or Premium Member, you can book review packages at the conditions valid at the time and available at https://www.reviewjoy.com. The shipping costs can be adjusted if one of our shipping service providers (e.g. DPD) changes its conditions.
(3) The membership is concluded on a monthly or annual basis for an indefinite period
a. In the case of memberships on a monthly basis, memberships can be terminated with a notice period of three months to the end of the month. The termination must be made in text form. In the event of termination, all reviews and, if desired, unused credit will remain in place until the time of termination. In the event of termination, all credit balances etc. from booked review packages shall expire at the time of termination without replacement. This also applies in the event of renewal of membership at any time after the time of termination.
b. Memberships on an annual basis may be terminated with three months notice to the end of the membership year. The notice of termination must be in text form. In the event of termination, all reviews and, if desired, unused credit will remain in place until the time of termination. In the event of termination, all credit balances etc. from booked review packages shall expire at the time of termination without replacement. This also applies in the event of renewal of membership at any time after the time of termination.
(4) The booked reviews can be distributed to any ASINs. At least three and a maximum of fifteen reviews must be ordered per ASIN and test. We make exceptions for high-quality products.
A maximum of 15 products can be tested simultaneously per parent ASIN. The test products are sent to product testers in batches of 3 to 5 per week. If there is a lack of interested parties for the product test, there may be delays in distribution.
(5) Products that could not be distributed to product testers within 3 months after delivery to the contractor due to a lack of interested parties can be returned to the client by the contractor. The return shipment is at the expense of the client. Booked reviews that cannot be delivered by the contractor as a result will be credited back to the customers "Test account".
The Contractor shall be liable to the Client for all contractual, quasi-contractual and statutory claims, including non-contractual claims, for damages and reimbursement of expenses, as follows:
The contractor is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of negligent or intentional injury to life, body or health, on the basis of a guarantee promise in accordance with the conditions of the guarantee, on the basis of mandatory liability such as under the Product Liability Act.
If the contractor negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, however, to a maximum of twice the fee charged in the same month, unless unlimited liability is provided for in the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the contractor according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the client may regularly rely.
Any further liability of the contractor is excluded.
The above liability regulations also apply with regard to the liability of the contractor for his vicarious agents and legal representatives. Should third parties have claims against the contractor from or in connection with the contractual relationship, the above conditions shall also apply to them. In addition, the above liability regulations also apply to all subsequent orders by the client.
Amazon as well as all other product search engines use technical algorithms that determine the position of the search results. A positive influence on these algorithms may become a goal of the parties to the contract, but there can be no assurance that the optimisation will lead to the desired rankings at a desired time.
The terms and conditions of these TOS as well as all content arising on the basis of these TOS are to be treated confidentially between the contracting parties and may not be disclosed to other persons unless this should be necessary to fulfil the terms of this contract.
With the payment of the remuneration all claims of the contractor against the client are fulfilled. Invoices are issued in advance.
Unless otherwise agreed, the client agrees that the contractor may, for its own purposes in the field of corporate communications (PR / IR), marketing and sales on the Internet pages, in presentations (e.g. company presentations), brochures or in advertising (online, print, radio media) as well as in the context of external training courses and customer discussions, name the client as a reference by reproducing his company, company logos and other brands.
The client will not influence the testers in any way (e.g. payment in the form of money or gift vouchers, bonus content, enabling participation in a competition or sweepstake, discounts for future purchases, additional products or other gifts) and will not contact them without the contractors consent. The Customer undertakes to pay the Contractor a contractual penalty of EUR 5,000.00 for each individual case of infringement.
If individual provisions of these TOS are or become invalid, the validity of the remaining provisions shall not be affected. In this case, the contractual partners shall replace the invalid provision with another provision that comes closest to the economic purpose of the omitted provision in a permissible manner.
Changes and amendments to these TOS must be made in written form. This also applies to the waiver of the requirement of the written form. Oral collateral agreements do not exist. Place of jurisdiction is Cologne. The services are conclusively described in these TOS.