AGB2023-05-09T21:00:58+02:00

General terms and conditions

  1. Scope
    1. These General Terms and Conditions (hereinafter referred to as AGG or Conditions) apply to the business relationship between klickstar GmbH, An der Röthe 10 in 32351 Stemwede (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) regarding the booking of services on the website https://treuetest.net.
    2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.
    3. Deviating terms and conditions of the Customer shall not become part of the contract unless the Supplier expressly agrees to their validity in writing.
  1. Offers and service descriptions, subject matter of the contract
    1. The presentation of services in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services on the website of the provider do not have the character of an assurance or guarantee. Apart from that, errors are reserved.
    2. The contractual service includes the service described online or its execution. The provider offers in particular but not conclusively services in the field of loyalty tests such as dating app searches, SMS/WhatsApp and social media loyalty tests, test calls.
    3. The customer does not require any legal or morally unacceptable activities in this regard. In particular, no sexual contacts are expressly agreed with the performance of the service.
    4. The customer has no claim to success. The Provider shall provide its services to the best of its knowledge and belief and using the most up-to-date methods for conducting a loyalty test.
    5. The Provider is entitled to engage cooperation partners for the processing of an order on the basis of these GTC.
  1. Order process and contract conclusion
    1. The Customer can select services from the Provider’s product range without obligation and collect them in a so-called shopping cart by clicking the “Add to cart” button. Within the shopping cart, the selection can be customized. Also, the customer has the option to enter a coupon code. Subsequently, the customer can proceed to the completion of the order process within the shopping cart by clicking on the button “Proceed to checkout”.
    2. After entering his personal data such as e-mail address, first name, cash on delivery, phone, address, where necessary information is marked with a (*), the customer selects a payment method. By clicking the button “Order with costs” the customer makes a non-binding offer to purchase the products or services in the shopping cart. Before submitting the order, the customer can change and view the data at any time and also has the option of adjusting the contents of the shopping cart via the “Edit shopping cart” button or can cancel the ordering process altogether.
    3. The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the Provider has received the Customer’s order and does not constitute acceptance of the application.
    4. If the payment method “anonymous bank transfer” and “payment by letter” is selected, the contract is concluded with the provision of the contact information of the provider or bank details and request for payment. If the payment, despite being due, is not received by the Supplier within 10 calendar days after sending the order confirmation, the Supplier shall withdraw from the contract, with the consequence that the order shall become invalid and the Supplier shall not be obliged to perform. The order is then considered cancelled for the provider and the customer.
    5. The Provider reserves the right not to accept orders, especially if they violate legal or moral provisions.
  1. Prices and payment methods
    1. All prices stated on the website and in the order price are inclusive of the applicable statutory value added tax.
    2. The prices are valid per service, according to the current price list or individual offer.
    3. If necessary, additional travel expenses (travel to and from the destination) or additional expenses that are necessarily associated with the fulfillment of the order, such as tickets, drinks, meals at a loyalty test by personal meeting will be charged to the customer. The customer is informed in advance about necessary costs in his individual offer about it.
    4. The customer can choose from the available payment methods within the framework and before completion of the ordering process. If third-party providers are commissioned with the payment processing, their GTC shall apply accordingly. Currently, the provider offers the following payment options:
      1. Anonymous bank transfer

The customer pays the amount after receiving the bank details with the “anonymous” recipient name klickstar GmbH.

      1. Payment by letter

The customer sends cash together with the order number in an envelope to the provider. The shipping risk is borne solely by the customer.

      1. Credit card payment

When placing the order, the customer simultaneously transmits his credit card details. Once the customer has been legitimized as a legitimate cardholder, the provider then immediately requests payment from the customer’s credit card company. The payment transaction is automated by the credit company and the customer’s credit card account is debited.

      1. Instant bank transfer via Klarna

The payment option is offered within Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout
here
. The customer can find general information about Klarna
here
. The personal data will be processed by Klarna in accordance with the applicable data protection regulations and as specified in
Klarna’s Privacy Policy
treated.

      1. Apple Pay

This payment method works only on Apple devices. When selecting the Apple Pay payment method, the customer must have an Apple device. Likewise, a valid credit card must be stored in Apple Wallet. If all requirements are met, the contract partner can complete the order process after appropriate verification. For more information about the payment process, the customer can visit
https://support.apple.com/

      1. Google Pay

The customer still has the option to pay via Google Pay by selecting the payment method or by pressing the “Google Pay” button on their terminal device. For more information about the payment process, the customer can visit
https://pay.google.com/intl/de_de/about/learn/
.

  1. Vouchers and coupon codes
    1. Vouchers and voucher codes (hereinafter: “Voucher”) purchased through the Provider or issued as part of promotions can be redeemed in the online store.
    2. The voucher and any remaining credits are redeemable until the end of the third year following the year of the voucher purchase. Free promotional vouchers are only redeemable within the promotional period printed on the voucher and only for the assortment named therein.
    3. The voucher can only be redeemed before completing the order process. Subsequent offsetting is not possible.
    4. Only one voucher is redeemable per order.
    5. The voucher can be used only for the order of services and not for the purchase of other vouchers.
    6. Voucher balances are neither paid out in cash nor do they earn interest.
    7. The voucher is transferable. The provider may make payments to the respective holder with discharging effect. This shall not apply if it has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.
  1. Reservations, rights and obligations
    1. The fidelity of a person may only be tested if there is an upright partnership between the customer and the person to be tested or if a relationship is in the offing, whether virtual or real.
    2. The customer assures that he has a legitimate interest in testing the fidelity of his partner. This legitimate interest arises primarily from the concrete suspicion of being able to be defrauded or of being defrauded. The Customer shall indemnify the Provider from liability in respect of any possible claim for such disclosure of data.
    3. The commissioning of the provider by the customer must be carried out confidentially. The Customer undertakes not to provide any information to third parties about the Provider and the nature of the loyalty test until the loyalty test has been carried out in full.
    4. The Provider or its cooperation partners shall only be obliged to provide the service if the agreed remuneration has been paid by the Customer prior to the commencement of the order.
    5. In order to ensure the proper execution of the loyalty test, the customer must provide truthful information about the test person and the availability. During a loyalty test by means of a personal meeting, the respective cooperation partner receives all the information required for this purpose.
    6. The Customer shall be liable for any material and immaterial damage incurred by the Provider as a result of the implementation of the order in accordance with the Customer’s specifications or instructions and for which the Provider is not responsible.
    7. The provision of services shall be made in the case of a loyalty test via SMS/WhatsApp, email, telephone or social media at the discretion of the seller within 14 working days. This requires the customer to answer the questionnaire completely. If the customer has ordered express processing, the test will begin within 24 hours, depending on the package selected, after the provider has received payment. However, this also requires the customer to answer the questionnaire and any open questions completely.
    8. The stated processing time shall be extended accordingly in the event of changes to the order, in cases of force majeure and other unforeseeable events for which the Supplier is not responsible, such as war, strike, energy and other supply difficulties, official orders, delayed deliveries from third parties, etc.
    9. Should a commissioned loyalty test not be feasible due to incorrect or incomplete information or insufficient information material about the test person, the commission shall nevertheless be deemed to have been fulfilled. A fidelity test is also considered to be fulfilled if the test person does not respond, e.g. does not answer or otherwise react during an SMS test, the test person blocks the tester (cooperation partner) or does not appear for an agreed meeting.
    10. In the case of a loyalty test, it is the sole responsibility of the provider to determine a cooperation partner according to the customer’s specifications. A cooperation partner may be suitable even if not all of the customer’s specifications are met. For reasons of discretion and to protect the cooperation partner, the latter is not normally introduced to the customer. If the identity of the cooperation partner becomes known to the customer in the course of a loyalty test, the customer must keep this secret under all circumstances.
    11. In order to ensure the implementation of a loyalty test, especially by personal meeting, it is necessary that the customer provides truthful information about the test person and the meeting place, as well as all necessary photos, documents and other information.
    12. In case of a loyalty test by personal meeting, the customer confirms not to involve himself or a third party n the loyalty test or to clarify the loyalty test in the presence of the cooperation partner.
    13. The customer receives a test result or a proof from the provider after the performed loyalty test. Proof is usually provided by e-mail. Message content that covers special categories according to Art. 9 DSGVO will be deleted by the provider and blacked out when passed on. Pictures and voice messages of the test person will not be forwarded or handed over, as this violates the rights of the test person by law. Recorded test protocols are the property of the provider or the cooperation partner. The customer receives the test results exclusively for his own use. The customer undertakes not to forward the test result to third parties or to make it available to third parties.
    14. Results from the loyalty test or reports on it and other information received from the provider have no legal relevance and may not be presented as evidence in court.
  1. Liability
    1. The customer assures that he/she has commissioned the loyalty test voluntarily and releases the provider from any liability. Any liability of the Provider for claims asserted against the Customer by third parties on the basis of the contractual performance is excluded. In the event that claims are asserted against the Provider itself by third parties due to the contractual performance of the service, the Customer shall indemnify and hold the Provider harmless. The Customer shall compensate the Provider for financial and other disadvantages (immaterial damages).
    2. The provider is only liable for grossly negligent and intentional breaches of duty. If the customer is an entrepreneur, the liability for non-intentional acts is limited to the damage typically foreseeable at the time of conclusion of the contract. In the event of slight negligence, the Provider shall only be liable in the event of a breach of material contractual obligations and limited to the damage foreseeable at the time of conclusion of the contract. This limitation shall not apply in the event of injury to life, limb or health. The Anbiertin shall not be liable for any other damage caused by slight negligence due to a defect in the object of performance. Any liability due to pre-contractual fault (c.i.c.) remains unaffected by this. Irrespective of fault, the Supplier shall only be liable in the event of fraudulent concealment of a defect or from the assumption of a guarantee or assurance.
    3. Insofar as liability for damages against the Provider is excluded or limited, this shall also apply with regard to the personal liability for damages of the Provider’s employees, representatives and vicarious agents.
  1. Privacy
    1. The Customer is aware of and consents to the fact that the personal data required to process the order will be stored by the Provider on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by the provider. The collection, processing and use of the customer’s personal data is carried out in compliance with the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The customer can find further information in the provider’s privacy policy.
    2. The customer has the right to revoke his consent at any time with effect for the future. In this case, the Provider is obligated to immediately delete the Customer’s personal data. In the case of ongoing order processes, the deletion takes place after the order process has been completed.
  1. Changes to the time/place of performance
    1. If, in the course of a personal loyalty test, the customer notifies the test person of an impediment up to 24 hours before the agreed appointment, the provider will attempt to offer the customer a rescheduled appointment. If no new date can be found, the customer has the possibility to cancel the contract against payment of 20% of the agreed remuneration.
    2. If the customer notifies the prevention less than 24 hours before the appointment, sec. 9.1 accordingly with the proviso that the customer owes a payment of the agreed remuneration in the amount of 50%.
    3. The Customer shall have the right to prove that the damage suffered by the Provider was less.
  1. Dispute Resolution
    1. The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/.
    2. Furthermore, the Provider is not obligated or willing to participate in any out-of-court arbitration proceedings before a consumer arbitration board.
  1. Final provisions
    1. Should individual provisions of the GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remainder of this contract or the remaining part of such clauses.
    2. In the event of the invalidity of one or more provisions of this contract, the contracting parties shall agree on a legally valid replacement provision that comes as close as possible to the invalid provision.
    3. The supplier saves the text of the contract and sends the customer the order data and the general terms and conditions by e-mail. The GTC can also be viewed here on this page at any time. Past orders are no longer accessible via the Internet for security reasons.
    4. The provider reserves the right to make changes to the general terms and conditions at any time.
    5. Contract language is German.
    6. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of the Provider.
  1. Right of withdrawal and cancellation policy
    1. If the Customer is a natural person who enters into a contract with the Provider for a purpose that can predominantly be attributed neither to his commercial nor self-employed activity (consumer), he shall have a right of revocation.
    2. A right of withdrawal does not apply to contracts for the provision of services in the areas of delivery of food and beverages and for the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision.
    3. Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (klickstar GmbH, Friedrichstraße 17, 49084 Osnabrück, Tel.: 05441/99999, e-mail: service@treuetest.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting 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 fourteen 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 for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

-An [klickstar GmbH, An der Röthe 10 in 32351 Stemwede, e-mail: service@treuetest.de]:

-I/We (*) hereby revoke the contract concluded by me/us (*) concerning the

Purchase of the following goods (*)/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 in case of notification on paper)

-Date

__________
(*) Delete as applicable.

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