Conditions of participation Product tester
Conditions for participation in Kloster Kitchen product tests
The following conditions apply:
1. organiser
The Kloster Kitchen product tests on the www.klosterkitchen.de/blogs/blog/produkttester platform (hereinafter referred to as the online platform) are conducted by Kloster Kitchen by curameo AG, Hersbrucker Str. 2, 91244 Reichenschwand, Germany (hereinafter referred to as Kloster Kitchen).
2. participant
Persons who have reached the age of 18, have a residence in the Federal Republic of Germany or Austria or Switzerland and have registered as a product tester via the online platform are eligible to participate.
Participation via entry services and automated entries as well as participation with falsified identities or with identities of third parties are not permitted.
Participants may have to prove their eligibility to participate in the respective product test. If the participants do not prove their eligibility within the deadline set by Kloster Kitchen , Kloster Kitchen reserves the right to exclude the participants from participation.
Each participant may only register once on the online platform. In the event of a breach or suspected breach of this, Kloster Kitchen reserves the right to exclude the participant from participation.
3. how does participation take place?
Participation in the Kloster Kitchen product tests is free of charge, i.e. the participant does not receive any payment for participating or submitting reviews.
In order to use the online platform and participate in product tests, the participant must first register as a user on the online platform. In detail:
- Registration on the online platform is free of charge and does not oblige the participant to take part in Kloster Kitchen product tests. To create a user account, the participant must enter the data marked as mandatory in the form provided. Participants are obliged to provide complete and truthful information during registration.
- The number of testers per product test is limited. The test participants will be selected from all applicants on the basis of the data provided in advance. The test participants selected by Kloster Kitchen in the run-up to each test will receive an e-mail confirming their participation in the test and asking them to provide their shipping address. The test products will then be sent to the selected product testers by post. If, contrary to expectations, the product to be tested is not available or technical problems prevent the exchange of contact details, the participant has no legal claim to the receipt or a replacement delivery of the product to be tested.
- The assessment is submitted in the form of a review. This must be in the form of a video or a written text of at least 50 characters.
4. rights
By submitting a review, the participant grants Kloster Kitchen the non-exclusive, royalty-free right to publish his/her first name and review (text and video) of the products on the website of Kloster Kitchen (www.klosterkitchen.de).
By registering, the participant confirms that he/she is fully entitled to the rights to the submitted reviews or that he/she is permitted to upload them for publication on the online platform. If third party rights exist, the participant confirms that he/she has been granted all rights for publication on the online platform.
The use of third-party texts or videos is therefore not permitted - without the consent of the rights holder.
By registering, the participant confirms that he/she has the relevant declarations of consent and rights and that he/she can also provide these in writing if necessary. If, contrary to the participant's confirmation above, the rights of third parties are infringed by the publication of the ratings on the online platform, the participant shall indemnify Kloster Kitchen from any costs, in particular damages payments to the infringed party, if represented.
5. exclusion of participants
Kloster Kitchen reserves the right to exclude participants who provide false information, use unauthorised aids, are suspected of manipulation or otherwise violate the conditions of participation without stating reasons.
This applies in particular if the participant is unable to provide evidence of the consent of third parties who have rights to the ratings submitted, contrary to Item 4.
Kloster Kitchen reserves the right to request the participant to submit a statement in the event that a reason for exclusion is suspected. If the statement is not made within the period set by Kloster Kitchen , Kloster Kitchen reserves the right to exclude the participant from participation.
Further reasons for exclusion are regulated in 2.
6. data protection
Please refer to the separate data protection information.
7. disclaimer
The liability of Kloster Kitchen towards the participant or of the participant towards Kloster Kitchen is subject to these regulations:
- Kloster Kitchen shall be liable without limitation for damages resulting from injury to life, limb or health caused by a breach of duty by a legal representative or vicarious agent of Kloster Kitchen . Further liability under the Product Liability Act remains unaffected.
- In the case of other liability claims, Kloster Kitchen shall be liable without limitation only in the event of intent and gross negligence on the part of its legal representatives, executive employees and vicarious agents.
- Kloster Kitchen shall not be liable for ordinary negligence on the part of its legal representatives, executive employees and vicarious agents, unless an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). Cardinal obligations are obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the other party to the contract regularly relies on. In the event of a negligent breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for the contract.
- The participant indemnifies Kloster Kitchen from claims of third parties, insofar as these assert claims for damages against Kloster Kitchen due to a case of damage for which the participant is responsible. This is particularly the case if the texts or videos posted by the participant violate the rights of third parties. The participant waives the possibility of exculpation vis-à-vis Kloster Kitchen in accordance with Section 831 (1) sentence 2 of the German Civil Code (BGB) and allows the fault of vicarious agents and assistants to be attributed to him/her as his/her own fault.
- Kloster Kitchen accepts no responsibility for loss of data, in particular that which has occurred in transit, technical defects, or lost, damaged or delayed submissions due to network, hardware or software problems.
- Any warranty claims by the participants are excluded.
8. modification/discontinuation of the product tests
Kloster Kitchen reserves the right to modify or discontinue any individual product test or all product tests in the event of unforeseen circumstances.
Kloster Kitchen is in particular entitled to discontinue, cancel or suspend a product test if
- an attempted abuse through manipulation is detected,
- proper performance is no longer ensured, in particular in the event of hardware or software failure, programme errors, computer viruses or unauthorised intervention by third parties as well as mechanical, technical or legal problems.
9. invalidity of individual clauses
Should any clause of these terms and conditions be invalid, the validity of the remaining terms and conditions shall remain unaffected.
