Shark-Dealz – General terms and conditions

General terms and conditions

Shark-Dealz (Shark Dealz)

1. the establishment of the contractual relationship

1.1 The following terms of use regulate the contractual relationship between the provider Shark Dealz (hereinafter provider) and the user of the mediation service of product testers (hereinafter user) as well as the test person mediated by the provider (hereinafter tester).

1.2 Once the user / tester has successfully registered for the web community, he/she submits an offer to conclude a user contract on the basis of these Terms of Use. With the activation of the user account by the provider, the provider accepts the offer to conclude a user contract.

1.3 In case of doubt, deviations from these terms of use for users/testers will only be made possible by a concrete written confirmation by the provider.

1.4 The provider is entitled to change and adapt this condition during the current membership. The provider will inform the user / tester of the changed conditions in text form and specifically point out the new regulations. At the same time, the provider will grant the user / tester a reasonable period of time to declare whether he accepts the changed terms of use for further use of the services. If no declaration has been made within this period, the amended conditions shall be deemed to have been agreed. The provider will inform the user / tester of this legal consequence at the beginning of the period without being asked to do so. Should the user / tester object to the changes, the provider is entitled to terminate the user contract with the other users / testers without notice at the time the terms of use come into effect.

2. object of the contract of use

2.1 The object of the contract of use is the provision of an international network of product testers for the publication of test reports on different platforms for different products / goods.

2.2 The following usage possibilities are made available to the user / tester:

  • Creation of a personalized profile
  • Application for free or heavily discounted products in exchange for test reports
  • Selection of suitable test persons for product tests
  • Tendering of test products
  • Support services

2.3 The design of the graphics and functions of the contractual usage options, the extension of the usage options with additional features or their addition with chargeable additional services are at the discretion of the provider. It is possible for the Provider to redesign and adapt the concrete design at any time while retaining the contractual usage options.

3. registration, user account, handling of passwords

3.1 The registration option applies to natural or legal persons. The registration of a legal entity can only be carried out by a person authorised to represent the company. Only users / testers who are at least 18 years old can register.

3.2 The user / tester is obliged to provide truthful and complete information about himself in accordance with the requirements of the registration form and to keep his data up to date at all times.

3.3 The user / tester must keep his password secret, keep it safe and not make it accessible to third parties. If the password becomes known to third parties, the user must inform the provider immediately by e-mail or in writing so that the old password can be blocked and a new password can be issued. The user may not pass on his user account to third parties. If this is nevertheless done, the user is fully responsible for the actions of the third party.

4. general duties of the user / tester

4.1 The usage possibilities of the user / tester provided by the provider may only be used within the scope of the contractually stipulated purposes. The user is prohibited from any misuse beyond this purpose, including in particular the following actions:

  • systematic reading of the contact data of other users for the purpose of disclosure to third parties or own data enrichment
  • misuse of the newsletter function outside of the intended functions
  • any measures leading to excessive system loads or system malfunctions
  • the use of foreign identities for registration, the posting of articles or the sending of messages

4.2 Termination of the user contract without notice and blocking of the user account shall occur if one of the aforementioned breaches of duty is committed. In addition, the provider is entitled to refuse the activation of a new account for this user for a period of one year from the termination.

5. obligations of the user / tester and guidelines regarding reviews submitted

5.1 The tester undertakes to purchase the products offered by the provider in the course of a product test with a combined repayment (called cashback) if the draw is successful. This also applies to the purchase of gift vouchers. Gift vouchers may only be used for contractual purposes. This includes in particular the purchase and subsequent testing of the product named in the context of the voucher.

5.2 Any misuse of the voucher code, such as in particular the use for other products, constitutes a breach of duty and entitles the provider to terminate the user contract without notice and to charge the test person a contractual penalty of 50 euros. Furthermore, the tester undertakes in this case to reimburse the costs of the voucher value.

5.3 The tester must ensure that he does not violate the rights of third parties (e.g. violation of copyrights, personal rights, competition violations, data protection regulations) by submitting reviews (e.g. in the form of text, pictures, photos, videos, names, trademarks). In particular, the review guidelines of the sales portal must be observed. Since the provider mainly works with products offered on the amazon eu s.a.r.l. platform, these must be observed and followed (link to the review guidelines of amazon eu s.a.r.l.: https://www.amazon.de/gp/help/customer/display.html?nodeId=201929730 ). Information and ratings must be true to the best of the tester's knowledge and belief. The tester further declares that contents published by him on Shark Dealz correspond to his personal opinion and that he owns the copyrights to the published contents.

5.4 If the tester takes part in a product test with a combined refund (also called cashback), he commits himself to keep his PayPal information (e.g. email address) confidential and always up to date. Shark Dealz is not responsible for any misuse of access data and may assume that persons logging on to the website are also the actual owners of the PayPal account. Before applying for a product test, the tester must independently find out the amount of the refund and cannot withdraw from such a test after an accepted tender. In addition, the Tester is aware that all refunds are always exclusive of PayPal's own fee and all items purchased through the Cashback system are excluded from any exchanges or returns. The Tester also undertakes to truthfully quote the order number by which a refund is decided and that it will always correspond to the order number of the Tester's own purchase of the Product as part of the Product Test. Violations will be punished with an exclusion from the portal and the invoicing of the product plus a contractual penalty of 50 euros per case.

5.5 Shark Dealz reserves the right to be informed on request about the order number of a purchase made within the framework of its own platform.

5.6 The provider is released by the user / tester from all claims of third parties, which they assert against the provider with regard to a violation of rights committed by him and for which he is responsible. In this regard, the user assumes all necessary legal defense costs.

5.7 The tester has the right to make use of his right of revocation according to § 355 paragraph 2 BGB. For products with a value of less than 40 Euro, the tester has to bear the return costs himself. Furthermore, in this case the tester must inform Shark Dealz immediately or within a reasonable period of time of the revocation. Otherwise, this shall constitute a breach of duty pursuant to § 5.2 of the General Terms and Conditions and shall be punished with a corresponding contractual penalty.

5.8 The provider does not influence the tester in the evaluation design (content, text formulation, design) and also does not try to influence the tester's opinion.

5.9 If the provider becomes aware of a possible violation of law by the contents of the user / tester, he will immediately inform the user of this in text form.

5.10 If the user receives access to personal data and contact data of the testers, these may not be used for the delivery of test products outside the platform of the provider. Users may only submit products via the Provider's platform and registered testers.

5.11 The provider assumes no responsibility for the guarantee and liability of the test purchase result.

5.12 If the tester does not provide a review after 14 days, without giving reasons, or if the evaluation is removed within 12 months after submission, Shark Dealz will charge a processing fee of 50€.

6. termination and deletion of the user account

6.1 The user / tester is entitled to terminate the user contract with the provider at any time without giving reasons and without observing a period of notice. The termination requires text form or can be implied by deactivating the user account. In the event of termination, the user's profile will be deleted, but the contributions and content published in forums or blogs will remain in place without a link to the user's profile.

6.2 The provider is entitled to terminate the user contract with one month's notice to the end of the previous month.

6.3 The provider is entitled to terminate the user contract without notice if there is an important reason. An important reason exists in particular if the user / tester sustainably and seriously violates his contractual obligations (see §4) or culpably and seriously violates statutory provisions when using the website. In these cases, the provider is also entitled to delete the user account and refuse to set up a new account for this user / tester for a period of one year after receipt of the termination.

6.4 The provider will make use of his right to cancel and delete the user account if the user has not logged in for at least one year and has not reacted to a reminder message.

7. payment methods and conditions

The provider provides the customer exclusively with the following payment methods: Payment service provider - immediate transfer and prepayment. The provider expressly points out that other payment methods are not offered, deviating regulations require the confirmed written form on the part of the provider.

8. rights of use

The user can provide the supplier with product images and a product text for the tender. The user confirms that he owns the rights of use to the provided product images and product texts and grants these rights of use to the provider for the purpose of the smooth execution of the tender. The User may also provide the Vendor with a product number so that the Vendor can search for the product and obtain information on the image and text there. The user exempts the provider from any claims by third parties.

9. liability

9.1 The provider is liable in cases of intent or gross negligence according to the statutory provisions. Liability for guarantees is independent of fault. In the event of slight negligence, the provider shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of fundamental contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. The provider is liable to the same extent for the fault of vicarious agents and representatives.

9.2 The provision of 9.1 above shall extend to damages in addition to performance, damages in lieu of performance and claims for damages due to futile expenditure, regardless of the legal basis, including liability for defects, delay or impossibility.

10. final provisions

10.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. Excluded from this are claims in the field of industrial property rights and copyright.

10.2 The invalidity of any provision of these Terms of Use shall not affect the validity of the remaining provisions.

10.3 The following shall apply to the determination of the place of jurisdiction: If the user has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction shall be the registered office of the provider. The provider can also sue the user at his general place of jurisdiction.

11 Disclaimer - Disclaimer:

Liability for contents

The contents of our pages were created with the greatest care. However, we cannot assume any liability for the correctness, completeness and topicality of the contents. As a service provider we are responsible according to § 7 Abs.1 TMG for own contents on these sides after the general laws. According to §§ 8 to 10 TMG we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete violation of the law. As soon as we become aware of such infringements, we will remove these contents immediately.

Liability for links

Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal infringements at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of law. We will remove such links immediately upon becoming aware of any violations of the law.

Copyright

The contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. As soon as we become aware of any infringements of the law, we will remove such content immediately.