General terms and conditions of product testers
1. General
ZOEVA GmbH (hereinafter referred to as " ZOEVA ") is a multinational beauty company that develops, manufactures and sells cosmetics such as make-up.
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The following general terms and conditions apply to the interaction between ZOEVA and the product tester (hereinafter referred to as "product tester") with regard to (a) the sending of products (hereinafter referred to as "product samples" ) by ZOEVA to the product tester and (b) the publication of product reviews created by the product tester for one or more of the product samples received on Zoevacoesmetics.de
2 Product Submission Policy
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The product shipments relating to the present provisions contain such product samples that are given to the product tester free of charge.
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The sending of a product sample does not justify the right to the sending of further product samples.
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The product tester can freely dispose of the product samples even after the product evaluation has been published. However, the product tester is obliged to refrain from reselling the product samples that have been sent.
3 Additional Provisions for the Preparation and Posting of Product Reviews
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If the product tester has or later acquires indications that a product review contains illegal content or infringes the rights of third parties, the product tester will notify ZOEVA immediately in text form (e.g. email) and delete the affected product review immediately in consultation with ZOEVA.
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The free provision of the product samples sent represents reasonable remuneration for the use of the product evaluation. A separate claim for remuneration for the product tester is therefore excluded.
4 Data Protection
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Both parties undertake to comply with the applicable data protection regulations, in particular the provisions of the GDPR and the BDSG. ZOEVA is entitled to process the personal data of the product tester, in particular for the purpose of sending the product samples.
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In addition, ZEOVA will also include the product tester in the company's own product tester database on request. In this case, the parties agree that ZOEVA can also address the product tester with a view to future products if necessary.
5 Limitation of Liability
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ZOEVA is liable to the product tester for intent and gross negligence.
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The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.
6 Final Provisions
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German law applies to the exclusion of the UN sales law and international private law.
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If the product tester is a merchant, Frankfurt am Main is the exclusive place of jurisdiction. ZOEVA may, at its option, also sue the product tester at his place of residence/registered office. In relation to non-merchants, Frankfurt am Main is the place of jurisdiction if the product tester moves his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is not known at the time the claims are asserted in court.
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Should individual provisions violate mandatory law in whole or in part or be or become void or ineffective for other reasons, this shall not affect the validity of the remaining provisions.