1. Scope
1.1. The following General Terms and Conditions (GTC) in their current version at the time of the order exclusively apply to the business relationship between Loyalty Tester LLC, 2880 W Oakland Park Blvd, Suite 225C, Oakland Park, 33311 Florida, US (hereinafter “Seller”) and the customer (hereinafter “Customer”).
1.2. Our customer service is available for questions, complaints, and objections on weekdays from 10 a.m. to 7 p.m. by phone at +1 (918) 540-9140 and by email at contact@loyalty-tester.com
1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor to their self-employed professional activity.
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
The representations of the services in the online shop do not constitute a legally binding offer, but an invitation to place an order. Service descriptions on the seller’s website do not have the character of a guarantee. Otherwise, errors are reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products or services from the seller’s range of products without obligation and collect them in a shopping cart by clicking the [Add to Cart] button. Within the shopping cart, the product selection can be changed, e.g., deleted. The customer can then proceed to the checkout by clicking the [Proceed to Checkout] button within the shopping cart.
3.2. By clicking the [Place Order] button, the customer submits 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 return to the shopping cart using the “back” browser function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment 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 acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer.
3.4. If the seller enables payment in advance, such as by bank transfer, the contract is concluded with the provision of the bank details and payment request. If payment, despite being due, is not received by the seller within a period of 5 calendar days after the order confirmation has been sent, the seller will withdraw from the contract, with the result that the order is invalid and the seller is not obligated to provide the service. The order is then considered completed for the seller and the buyer without further consequences.
3.5. The seller is authorized to commission cooperation partners for the processing of an order based on these GTC.
3.6. The seller reserves the right not to accept orders, particularly if they violate legal or moral regulations.
4. contractual object
4.1. The contractual service includes the online described service or its execution.
4.2. The customer does not request any legally or morally impermissible activities. No sexual contacts are explicitly agreed upon with the provision of the service.
5. Price and shipping costs
5.1. All prices indicated on the seller’s website include the respective valid statutory value-added tax.
5.2. The prices apply per service, according to the current price list or an individual offer.
5.3. If applicable, additional travel expenses (arrival and departure to the destination) or additional expenses that are mandatory for the order fulfilment, such as admission tickets, drinks, and meals during a personal fidelity test, will be invoiced to the customer. The customer will be informed in advance about necessary costs in their individual offer.
5.4. The applicable prices are not performance-related, meaning that the price applies independently of any desired success.
6. Payment terms
6.1. The customer can choose from the available payment methods within the scope of and prior to completing the ordering process. Customers will be informed about the available payment methods on a separate information page: Payment Methods..
6.2. For orders placed outside of the seller’s web shop, the customer can choose between a bank transfer or payment via PayPal.
6.3. Payment must be made in advance without deduction.
6.4. If third-party providers are commissioned with the payment processing, such as PayPal, their general terms and conditions apply.
7. Services/Reservations/Rights/Obligations
7.1. The fidelity of the partner can only be tested if there is an existing partnership between the customer and the person to be tested, or if a relationship is developing virtually or in reality.
7.2. The customer assures that he has a legitimate interest in testing the fidelity of his partner. This legitimate interest arises above all from the concrete suspicion of being able to be cheated on or being cheated on. The user also indemnifies the seller against any claims arising from such disclosure of data.
7.3. The seller must be commissioned by the customer in confidence. The customer undertakes not to provide any information or information about the seller and the nature of the fidelity test to third parties until the fidelity test has been completed in full.
7.4. The seller or their cooperation partners are only obliged to provide the service if the agreed remuneration has been paid by the customer before the start of the order.
7.5. To ensure the proper execution of the fidelity test, the customer must provide truthful information about the test person and accessibility. In the case of a fidelity test by personal meeting, the cooperation partner receives all necessary information for this purpose. No liability is assumed for the quality of the cooperation partner’s service.
7.6. The customer is liable for any material and immaterial damages arising from the implementation of the order according to the specifications or instructions of the customer and which are not the responsibility of the seller or their cooperation partner.
7.7. The services are provided by the seller at their discretion within 14 working days for a fidelity test via SMS/WhatsApp, telephone, email, combination, or social media. This presupposes the complete answering of the questionnaire by the customer.
7.8. If the customer has requested an express processing, the test begins within 12, 24, or 36 hours, depending on the selected package, after receipt of payment by the seller. This presupposes the complete answering of the questionnaire and any open questions by the customer.
7.9. If the customer has requested a desired date, the test begins on the date specified, if payment has been received by the seller. The implementation presupposes the complete answering of the questionnaire and any open questions by the customer.
7.10. The stated processing or delivery time for the sperm detection test product begins on the first working day after receipt of the sample by the seller and corresponds to working days. The stated processing or delivery time is extended accordingly in the event of changes to the order, in cases of force majeure, and other unforeseeable events that are not the responsibility of the seller, such as strikes, energy and other supply difficulties, official orders, delayed deliveries from third parties, etc.
7.11. If a fidelity test commissioned cannot be carried out due to incorrect or incomplete information or inadequate information material about the test person, the order is nevertheless considered fulfilled.
7.12. A fidelity test is also considered to have been fulfilled if the test person does not react, e.g., does not answer in an SMS test or reacts in another way, blocks the tester (cooperation partner), or does not appear at an agreed meeting.
7.13. In the case of a fidelity test, it is up to the seller to determine a cooperation partner according to the specifications of the customer. A cooperation partner may also be suitable if not all the customer’s specifications are met. For reasons of discretion and to protect the cooperation partner, he is not usually introduced to the customer. If the identity of the cooperation partner becomes known to the customer as part of a fidelity test, he must keep it secret under all circumstances.
7.14. To ensure the conduct of a fidelity test, especially through personal meetings, it is necessary for the customer to provide truthful information about the test person and the meeting point (location), as well as provide all necessary documents (possibly photos)
7.15. In a fidelity test conducted through personal meetings, the customer confirms (mainly to protect the cooperation partner) not to involve themselves or a third party appointed by the customer in the fidelity test, or to disclose the fidelity test in the presence of the cooperation partner. The cooperation partner assures not to disclose the reason for the test to the test person. The cooperation partner will discreetly say goodbye under a pretext after the fidelity test has ended (i.e., after a clear reaction from the test person).
7.16. After the fidelity test has been conducted, the customer will receive a test result or proof from the seller. The proof is usually provided in writing via email, plus any attachments. Message contents that capture special categories of personal data under Art. 9 GDPR will be deleted by us and masked when passed on. Pictures and voice messages of the test person will not be forwarded or handed over as this would violate the rights of the test person to a considerable extent (including copyright). Recorded test reports are the property of the seller or cooperation partner. The customer will receive the test results exclusively for their own use. The customer agrees not to pass on the test results to third parties or make them accessible to third parties.
7.17. After conducting a semen detection test, the customer will receive an analysis report from the seller. This report refers exclusively to the samples received from the customer by the seller. The customer may only use the analysis report for their own purposes. Publication and duplication for advertising and business purposes, including their partial use, as well as distribution on the internet or social media, require the prior written approval of the seller.
7.18. We explicitly point out that results from fidelity tests or reports about them and other information received from us have no legal relevance and may not be presented as evidence in court.
7.19. The customer is not entitled to assign their claims under this contract to third parties.
8. Liability
8.1. The customer assures that they have voluntarily commissioned the fidelity test and releases the seller from any liability.
8.2. The seller is not liable for loss or damage to samples during transport.
8.3. The seller is not liable for the usability of the samples.
8.4. Liability by the seller for any damages, consequential damages, losses or disadvantages is generally excluded. Furthermore, liability, claims, and regressions due to illegal acquisition or use of sample material are excluded.
9. Cancellation
9.1. You have the right to cancel this contract within 14 days without stating any reasons. The cancellation period is 14 days from the day the contract was concluded.
To exercise the right of cancellation, a request (via letter or email) must be sent to:
Loyalty Tester LLC,
2880 W Oakland Park Blvd, Suite 225C
Oakland Park, FL 33311, USA
Email: order@loyalty-tester.com
The request must clearly state the desire to cancel the contract. An example statement is provided below, but it is not mandatory. The statement regarding the right to cancellation is within the cancellation period if the customer sends the statement before the end of the cancellation period.
9.2. If you cancel the contract, we will reimburse all costs for the goods which are returned to us but not the costs of return shipping. The reimbursement will be paid promptly and at the latest, except for the situations listed below, within 14 days from the day on which the notification of cancellation was received by us. The reimbursement will be paid via the same payment method that was used for the initial transaction unless expressly requested otherwise and in agreement with the customer. We do not calculate compensation under any circumstances within the reimbursement. We can deny reimbursement until the goods have been returned or the customer can prove that the goods have been mailed back to Loyalty Tester (whichever occurs first).
Correspondingly, you must return the goods as quickly as possible and at the latest within 14 days from the day on which they submitted a notification of cancellation. The return period is not violated if the goods are shipped before the expiration of the 14-day return period.
You must bear the return shipping costs if the delivered goods were the same as those ordered.
You must only pay the cost of possible value loss if the customer is found to be liable for this value loss due to their handling of the goods other than what is necessary for testing the properties, characteristics, and functioning of the goods.
9.3. If you have requested that the services begin during the cancellation period, you must pay a reasonable amount, which equals the proportion of services that have already been performed.
9.4. If you have ordered express handling, your right of cancellation will expire with immediate effect.
9.5. A refund in the case of cancellation after or during the analysis in case of a semen detection test or DNA analysis is excluded.
9.6. If the customer reports the prevention of the test person up to 24 hours before the agreed appointment for a personal fidelity test, the seller will attempt to offer the customer a rescheduling of the appointment. The seller provides no guarantee for this. The customer may withdraw from the contract if rescheduling by the seller is not possible, with payments already made being refunded at 100%.
If the customer reports the prevention of the test person shortly before the agreed appointment, i.e. less than 24 hours before, for a personal meeting, the seller will attempt to offer the customer a rescheduling of the appointment. The seller provides no guarantee for this. The customer may withdraw from the contract if rescheduling by the seller is not possible, with payments already made being refunded at 70%.
9.7. The seller or the cooperation partner may postpone the order date for a personal fidelity test (e.g. due to illness). The rescheduling will be communicated to the customer immediately. The customer may then withdraw from the contract, with payments already made being refunded at 100%. Refunds beyond this are excluded. The seller reserves the right to offer the customer alternative dates or cooperation partners.
Example Cancellation Statement
(The customer is kindly requested to fill out this form and return it to Loyalty Tester LLC if they would like to cancel the contract.)
— To Loyalty Tester LLC, 2880 W Oakland Park Blvd, Suite 225C, Oakland Park, FL 33311, USA, Email: order@loyalty-tester.com
— With this declaration, I/we () cancel my/our () concluded contract for the purchase of the following good/s ():
— Ordered on/Received on ()
— Name of the customer/Names of the customers (*)
— Address of customer(s)
— Signature(s) of customer(s) (only in the case of physical notifications)
— Date
—————————————
(*) Delete non-applicable variation
9.8. The right of cancellation is forfeited prematurely in the case of contracts:
- for the delivery of sealed goods that for reasons of health or hygiene are not suitable for return if their seal has been broken.
- for the delivery of goods that on account of their properties are inseparably mixed with other goods after delivery.
- for the delivery of audio or visual recordings or computer software in a sealed package if the seal has been removed after delivery.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order or placing the order with the seller by using the print function of his browser in the last step of the order process or before sending the order form.
10.2. The seller also sends the customer an order confirmation with all order details to the email address provided by the customer. Furthermore, the customer receives a copy of the terms and conditions and the cancellation policy with his order.
11. Final provisions
11.1. Side agreements (including verbal agreements) regarding this contract have not been made. Changes or additions require written form.
11.2. If individual provisions of this contract are or become wholly or partially ineffective or impracticable, this shall not affect the validity of the remaining provisions of this contract or of the remaining part of such provisions.
11.3. In the event of the invalidity of one or more provisions of this contract, the contracting parties shall agree on a replacement provision that is as similar as possible to the invalid provision and legally effective.
11.4. The seller reserves the right to make changes to the general terms and conditions, which may be made at any time.
11.5. The contract language is English.
As of May 2024