GENERAL TERMS AND CONDITIONS OF
www.trusted-heroes.com
Welcome to Trusted Heroes!
1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Tobias Waschfeld (hereinafter referred to as the Provider) and you (hereinafter referred to as the Customer), in the version valid at the time of contract conclusion.
(2) Deviating terms and conditions of the Customer are hereby rejected.
Please read these terms carefully before using any services provided by Tobias Waschfeld.
(3) On Trusted Heroes, we offer you the following services:
– Product testing
– Product videos
2 Conclusion of the Contract
(1) Contracts on this portal can only be concluded in the German language.
(2) The Customer must have reached the age of 18.
(3) Access to use the Trusted Heroes service requires registration.
(4) By registering, the Customer accepts these General Terms and Conditions. Upon registration, a contractual relationship is established between Trusted Heroes 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. By presenting the service, the Customer is merely invited to make an offer.
(6) By ordering a paid service, the registered Customer enters into a separate contractual relationship with Trusted Heroes, independent of the registration. The user is informed about the respective paid service and the payment terms before concluding this contractual relationship. The contract is concluded when the Customer confirms the order and payment obligation by clicking the button “enter into a paid contract.”
(7) You agree to receive invoices electronically. Electronic invoices will be sent to you via email or made available in your customer account on the website. For each service, we will inform you whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
(8) To ensure proper testing of the products, two units of each product test are always required.
(9) The sent test products become the property of Trusted Heroes and will not be returned or refunded. If a return is still desired, a separate processing fee of €150 net plus VAT and any applicable shipping costs will be charged.
3 Description of the Scope of Services
The scope of services of Trusted Heroes consists of the following services:
After conclusion of the contract and delivery of the products to be tested, a comprehensive and standardized test of the products is carried out and rated according to predetermined criteria. A test seal with the final grade is issued, made available to the contracting party in digital form, and a test report is published on www.trusted-heroes.com.
Trusted Heroes assumes no liability or warranty that the seals may be permitted or used on various platforms such as AMAZON, OTTO, eBay, etc. The responsibility for verifying the use on these platforms lies with the customer.
In addition to the warranty, Trusted Heroes also assumes no liability for claims, warnings, or disputes from third parties that may arise due to the test seal.
4 Prices and Shipping Costs
(1) Registration is initially required to use Trusted Heroes.
(2) If the user wishes to use a paid service, they will be informed in advance about the cost. In particular, the additional scope of services, the applicable fees, and the payment method will be specified.
(3) The provider reserves the right to apply different fee models for different booking times and user groups, and in particular to offer different scopes of services for various usage periods.
- 5 Payment Terms
(1) Any applicable fee must be paid in advance, without deduction, to Trusted Heroes at the time it becomes due.
(2) By registering, providing the necessary payment information, and using the paid service, the user authorizes the operator to collect the corresponding amount.
(3) A paid service automatically renews for the respective booked period (subscription), unless it is terminated by phone, email, or letter.
(4) The subscription fee will be collected on the following date: the first business day of each month.
(5) Certain payment methods may be excluded by the provider in individual cases.
(6) The Customer is not permitted to pay for the service by sending cash or checks.
(7) If the Customer chooses an online payment method, the Customer thereby authorizes the Provider to collect the due amounts at the time of the order.
(8) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer must transfer the invoice amount to the Provider’s account within five calendar days after receiving the order.
(9) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the due amounts.
(10) If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer grants the Provider a SEPA Core Mandate. If a payment transaction is reversed due to insufficient account funds or incorrect bank details provided, the Customer shall bear the costs incurred.
(11) If the Customer is in default with payment, the Provider reserves the right to claim damages for delay.
(12) Payment can be processed using the following methods:
– Invoice
– Stripe
– Paypal
6 Registration and Cancellation
(1) Furthermore, the Customer declares that neither they nor, to their knowledge, any member of their household has a criminal record for an intentional offense endangering the safety of others, in particular not for an 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 for theft and embezzlement (§§ 242 ff. StGB), robbery and extortion (§§ 249 ff. StGB), or drug abuse.
(2) Subject to reservation, a user is entitled at any time to unsubscribe in writing by mail, email, or phone without stating a reason. At the same time, it is possible to fully and independently deactivate the account within the data and settings of the user account. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, they can terminate the contract no later than 90 days before the booked period. If this deadline is not met, the paid service will be extended by the respective booking period, and the termination will only become effective at the end of the subsequent booking period. Termination is possible by phone, email, or letter and will be confirmed by us in writing. To assign your termination, the full name, registered email address, and customer address must be provided. In the case of termination by phone, the individual phone password is required.
(4) Trusted Heroes may terminate the contract at its sole discretion, with or without prior notice and without giving reasons, at any time. Trusted Heroes also reserves the right to remove profiles and/or any content published on the website by or from the user. If Trusted Heroes terminates the user’s registration and/or removes profiles or published content of the user, Trusted Heroes has no obligation to inform the user about the termination or removal or the reasons thereof.
(5) Following the termination of any individual use of the Trusted Heroes services, Trusted Heroes reserves the right to send information about this to other registered users with whom Trusted Heroes believes the user has been in contact. Trusted Heroes’ decision to terminate the user’s registration and/or to notify other users assumed to have been in contact with the user does not imply or in any way indicate that Trusted Heroes makes statements about the individual character, general reputation, personal characteristics, or lifestyle of the user.
(6) Users are obligated not to make intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil legal actions. Furthermore, the provider reserves the right to terminate the existing contractual relationship with immediate effect in such cases.
(7) If a user’s access is blocked and/or the contractual relationship is terminated due to a culpable breach of contract, the user must pay damages for the remaining contract period in the amount of the agreed fee minus the saved expenses. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted by Trusted Heroes.
7 Limitation of Liability (Services)
(1) Trusted Heroes 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) With regard to the requested or offered service, the contract is concluded exclusively between the respective involved Customers. Therefore, Trusted Heroes is not liable for the services of the participating Customers. Accordingly, all matters regarding the relationship between the Customers, including without exception the services received by a requester or payments due to Customers, must be addressed directly to the respective party. Trusted Heroes cannot be held responsible for this and hereby expressly rejects any liability claims of any kind, including claims, services, direct or indirect damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, in any manner related to the aforementioned matters.
(3) Tobias Waschfeld is only liable for damages resulting from injury to life, body, or health if they are based on intentional or negligent breach of duty by Tobias Waschfeld or an intentional or negligent breach of duty by a legal representative or vicarious agent of Tobias Waschfeld.
(4) For other damages, insofar as they do not result from the breach of cardinal obligations (those obligations whose fulfillment enables the proper execution of the contract in the first place and on which the contracting party regularly relies), Tobias Waschfeld Europe is only liable if they are based on intentional or grossly negligent breach of duty by Tobias Waschfeld or on intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Tobias Waschfeld.
(5) Claims for damages are limited to the foreseeable, typical contractual damage. In the event of delay, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, body, health, or freedom expire after 30 years; all other claims expire after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the claimant became aware or should have become aware without gross negligence of the circumstances giving rise to the claim and the identity of the debtor (§ 199 Abs. 1 BGB).
(7) The provider reserves the right to review the content of any text written by a user as well as uploaded files for compliance with laws and regulations and, if necessary, to delete them in whole or in part.
8 Set-off and Right of Retention
(1) The Customer is only entitled to set-off if the counterclaim has been legally established or not disputed by the Provider.
(2) The Customer may exercise a right of retention only to the extent that their counterclaim is based on the same contractual relationship.
9 Right of Withdrawal Instruction
(1) If the Customer is a consumer, they have a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period for services is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must notify us:
Tobias Waschfeld
Josef-Höser-Str. 26
92681 Erbendorf
by means of a clear statement (e.g., a letter sent by post, fax, or email) informing us of your decision to withdraw from this contract. You may use the model withdrawal form available on our website or provide us with another clear statement. If you use this option, we will promptly (e.g., by email) send you a confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient that you send the notification of exercising your right of withdrawal before the withdrawal period expires and return the goods to us via our online return center within the defined deadline below.
For additional information regarding the scope, content, and explanations on how to exercise your right, please contact our customer service.Für zusätzliche Informationen hinsichtlich der Reichweite, des Inhalts und Erläuterungen zur Ausübung wenden Sie sich bitte an unseren Kundenservice.
(3) Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from choosing a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day we receive your withdrawal notice. We will use the same payment method you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the portion of the services already provided up to the time you notify us of your exercise of the right of withdrawal, compared to the total scope of services agreed upon in the contract.
(4) Exceptions to the Right of Withdrawal
You are only liable for any loss in value of the goods if this loss is due to handling beyond what is necessary to inspect the condition, properties, and functioning of the goods.
The right of withdrawal does not exist or expires in the case of the following contracts:
- for the delivery of goods that are not suitable for return due to health protection or hygiene reasons and whose seal has been removed after delivery, or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- for the delivery of goods that are custom-made according to customer specifications or clearly tailored to personal needs
- for the delivery of goods that are perishable or have a short expiration date;
- for services where Trusted Heroes has fully performed the service and you were informed and expressly agreed before placing the order that we would begin the service and that you would lose your right of withdrawal upon full performance of the contract;
- for the delivery of newspapers, magazines, or illustrated publications, except for subscription contracts; and
- for the delivery of alcoholic beverages whose price was agreed upon at the conclusion of the purchase contract, but whose delivery can only take place after 30 days, and whose current value depends on fluctuations in the market that the entrepreneur has no influence over.
10 Data Protection
(1) Should personal data (e.g., name, address, email address) be collected, we commit to obtaining your prior consent. We also commit not to share any data with third parties unless you have previously agreed to this.
(2) We point out that the transmission of data over the Internet (e.g., via email) may have security vulnerabilities. Therefore, flawless and interference-free protection of data from third parties cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has previously obtained written consent from the affected persons.
(4) You have the right at any time to receive a complete and free-of-charge disclosure of the data concerning you from Trusted Heroes.
(5) Furthermore, users have the right to request correction, deletion, or restriction of the processing of their data.
(6) Further information on data protection can be found in the separate privacy policy.
11 Cookies
(1) To display the product offering, we may use cookies. Cookies are small text files stored locally in the cache of the visitor’s internet browser.
(2) Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can assign the cookie to the specific internet browser in which it was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other browsers containing different cookies. A specific internet browser can be recognized and identified by its unique cookie ID.
(3) By using cookies, we can provide users of this website with more user-friendly services that would not be possible without setting cookies.
(4) Please note that some of these cookies are transferred from our server to your computer system; these are usually session cookies. Session cookies are characterized by being automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system again on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies; a banner is available where you can either reject or accept cookies.
(6) Of course, you can configure your browser so that no cookies are stored on your hard drive or that already stored cookies are deleted. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.
12 Jurisdiction and Applicable Law
(1) For disagreements and disputes arising from this contract, exclusively the law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
(2) The exclusive place of jurisdiction for orders from merchants, legal entities under public law, or public-law special funds is the registered office of the provider.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.
13 Final Provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Trusted Heroes with the involvement of a parent or legal guardian.
(3) If you violate these Terms and Conditions and we do not take action against it, we remain entitled to enforce our rights on any other occasion when you violate these Terms and Conditions.
(4) We reserve the right to make changes to our website, rules, conditions including these Terms and Conditions at any time. The terms and conditions that are in effect at the time of your order shall apply to your order, unless a change to these conditions is required by law or official order (in which case they also apply to orders you placed previously). If any provision of these terms is invalid, void, or unenforceable for any reason, that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of any provision does not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
Note: Trusted Heroes is an independent service provider that evaluates submitted products neutrally according to its own testing criteria.
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Trusted Heroes
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