§ 1 Scope, conclusion of contract, term
(1) These General Terms and Conditions (“GTC”) apply to all business relationships between DTI Deutsches Test Institut GmbH (“DTI”) and its contracting partners (“Customer”) that are based on the services offered by DTI. The GTC also apply to future business relationships without the need for renewed reference. The GTC are aimed exclusively at entrepreneurs within the meaning of § 14 BGB. The Customer hereby confirms it is acting as an entrepreneur.
(2) A contract is concluded as soon as DTI has accepted the order placed by the Customer, at least in text form, to have a Customer product tested or to use another service.
(3) DTI accepts the Customer’s test order by informing the Customer of the delivery address(es) to which the products for the test or for performing the chosen service are to be sent. With this declaration by DTI, the contract for conducting a product test is conclusively formed. A contract for additional services is concluded upon DTI’s acceptance of the Customer’s offer.
(4) An integral part of the contract for conducting a product test is the agreement on granting a license to the test seal, which DTI grants to the Customer after a successful product test in accordance with these GTC (“License Agreement”).
(5) DTI reserves the right, after a reasonable period of not less than three years, to make continued use of the license dependent on carrying out a current product test in order to ensure the currency of test results. If the Customer refuses to commission a re-test, DTI reserves the right to terminate the License Agreement with due notice. DTI will duly take the Customer’s interests into account.
(6) Deviating or supplementary general terms and conditions of the Customer apply only if confirmed in writing by DTI.
§ 2 Prices and payment terms
(1) Unless otherwise agreed, payment is made by credit card, SEPA direct debit, or via Stripe link. The license fee for the first year is due for payment directly upon contract conclusion.
(2) During checkout, the Customer can enter a voucher code to obtain a discount on the invoice amount. If the Customer fails to enter the code during checkout, there is no entitlement to redeem it later. DTI is not obliged to consider the voucher subsequently.
(3) The Customer is in default without further reminder 30 days after the invoice due date, unless another payment term has been agreed in writing. In the event of late payment, default interest of 9 percentage points above the respective base interest rate of the European Central Bank will be charged. In addition, a flat reminder fee of €40 per reminder will be charged if the Customer is in arrears.
(4) If the Customer is in default with due payments, DTI reserves the right to withhold further services until the outstanding amount has been settled.
§ 3 Product tests and services
(1) DTI offers comprehensive services that include testing products, preparing test reports, and awarding test seals, together with granting licenses to use these test seals.
(2) Type of product tests: The product tests conducted by DTI are generally consumer tests performed by selected test persons in everyday use scenarios. These practical tests are based on careful observations and do not include material, long-term, or laboratory tests. The test assessments reflect the opinion of our test persons and are based on a careful analysis of the practical tests. The evaluations include both subjective and objective impressions and make no claim to completeness. DTI assumes no liability for the correctness or completeness of the test results. Our tests do not include checking legal compliance or examining medical effects or specific ingredients of products.
(3) Test reports and test seals: DTI tests the Customer’s products based on its own practical scenarios by third-party testers and prepares comprehensive test reports documenting the results. Products receive a test seal only if they pass our test. To advertise with the awarded test seals, the Customer must purchase one or more test seal licenses that permit use of the test seal in the respective languages and countries.
(4) Changes for compelling legal reasons: DTI reserves the right, for compelling legal reasons (e.g., due to a change in law or an actual or threatened court or regulatory decision requiring an adjustment of the seals), to modify the product tests and/or test seals (“test adjustment”) or to require additional tests, e.g., laboratory tests (“re-test”). Upon the Customer’s request, DTI shall justify the necessity of the test adjustment or re-test in text form. DTI will announce the test adjustment or re-test in advance in text form and grant the Customer a reasonable period to implement the changed requirements (e.g., use of new test seals or performance of additional tests). If the Customer unjustifiably refuses to cooperate with the test adjustment or re-test, DTI has the right to terminate the License Agreement for cause after a reasonable remedy period has expired without success. If implementation is particularly urgent (e.g., due to already executed or threatened court or regulatory measures), DTI may temporarily suspend the License Agreement for the affected seals until completion of the necessary changes and require the Customer to refrain from using the affected seals during the suspension period. The suspension may not last longer than two months. During the suspension period, the Customer is exempt from paying the pro rata license fee falling due for this period. If a re-test is required, DTI will invoice the additional costs directly attributable to the Customer; the Customer will be informed in advance and granted a reasonable period to declare whether it wishes to commission the re-test (e.g., an additional lab test). Should the Customer decide against it, DTI reserves the right to terminate the License Agreement for all affected test seals with immediate effect for cause.
(7) Extended services: Preparing test reports and test seals in multiple languages, as well as professional test videos of different lengths for advertising purposes, is available on request.
(8) Priority service: If the Customer books the priority service, the product test will be handled with priority, and DTI undertakes to complete processing within one week from the time the product has arrived with the testers. The priority service ensures accelerated processing compared to the regular test duration.
(9) Processing time: The regular processing time for product tests may vary depending on workload and complexity. DTI endeavors to complete tests as quickly as possible, generally within 2–3 weeks after receipt of the product by the testers. In exceptional cases, processing time may be longer.
(10) DTI may use subcontractors to fulfill the services.
§ 4 Customer duties to cooperate
(1) The Customer shall provide DTI with all information, data, and documents required to perform the services in a timely manner.
(2) The Customer undertakes to ensure delivery of the test products to the addresses provided by DTI. The Customer is responsible for providing two units for each test product.
(3) Return shipment of test products is not envisaged unless otherwise agreed.
(4) If the Customer has additionally booked a test video, it must send a third additional unit of the test product to the address named by DTI for this purpose. The products provided for the product test cannot be used for this. This product will also not be returned unless otherwise agreed.
(5) The Customer must ensure that the information and materials it provides are free of third-party rights. The Customer shall indemnify DTI against all third-party claims arising from infringements of such rights that are not due to intent or gross negligence by DTI.
§ 5 Customer obligations regarding use of the test seal
(1) Use of the test seal under the License Agreement is permitted only in compliance with the following criteria:
a) Unchanged presentation: The test seal must be used in its original form and color and with unchanged content. Any modification is not permitted.
b) Restricted use: The test seal may be used exclusively on the product pages of the tested product. Use for other items is not permitted. An exception applies to product variants if the following criteria are met:
• Same scope of delivery
• Same product properties (including same material, same packaging, and same brand)
Products may generally differ only in the following points:
• Color
• Size
In exceptional cases, also in other non-decisive points with prior written approval by DTI.
(2) Visibility and correct presentation:
a) The Customer must ensure that the test seal is not displayed too small.
b) The following details must be clearly legible on the test seal, including on mobile devices: the link to the test source (www.deutsches-testinstitut/…) and the license number; the date of first publication of the test (month / year); precise details about the test content (it must be clearly evident which product properties were tested, with the respective test results for each property listed transparently).
(3) Further obligations:
a) The seal may not be used in connection with other products or services that were not tested.
b) If the test seal is used by the Customer in advertising (e.g., newspaper ads), the overall message of the advertisement must not distort the statement of the test seal.
c) The test seal may no longer be used if the result achieved is based on incorrect information provided by the Customer.
d) The test seal may no longer be used if a more recent test leads to different results.
e) The test seal may no longer be used if the tested service or product has changed significantly.
(5) It is not permitted to describe the product as a “test winner” because DTI does not conduct comparative tests with other products.
(6) In the event of a breach of the contractual obligations under § 5, the Customer is obliged to inform DTI of the breach without delay.
§ 6 Rights of use, scope, and remuneration
(1) Upon payment of the license fee under § 2 (1), the Customer receives a simple, non-transferable right to use the test seals awarded by DTI for the duration of the license. Any alteration of the seals is strictly prohibited.
(2) The right of use is non-transferable unless expressly approved in writing by DTI.
(3) If the Customer uses a test seal without a valid license, DTI reserves the right to assert its statutory rights (in particular injunctive relief, information, and damages) and/or to terminate the contractual relationship without notice for cause.
§ 7 Liability; compliance with legal requirements
(1) DTI is liable for damages resulting from the breach of a material contractual duty necessary for performance of the agreement with the Customer, or from intentional or grossly negligent breach of duty by DTI or its vicarious agents, in accordance with statutory provisions. Material contractual duties are those whose fulfillment makes proper performance of the contract possible in the first place and on whose observance the contracting partner may regularly rely. DTI’s liability for slightly negligent breach of material contractual duties is limited to foreseeable, contract-typical damages at the time of contract conclusion.
(2) The above limitation of liability does not apply to obligations guaranteed by DTI, to damages arising from injury to life, body, or health, to claims for defects, or to damages for which liability is assumed under the Product Liability Act.
(3) The Customer is solely responsible for the lawful use and presentation of the test seals and test results of the product tests. This includes compliance with the guidelines for use of the quality seal as well as proper and compliant presentation on packaging, websites, and in other media. The Customer is also obliged to use the seals and test results in accordance with applicable laws. In particular, it must comply with applicable competition law requirements and other statutory obligations. Both parties mutually undertake to inform each other without delay as soon as third parties assert legal infringements or claims in connection with the use or awarding of the test seals and test results.
§ 8 Term, termination
(1) The License Agreement for a test seal has a minimum term of one year, which begins with the granting of the license by DTI. The License Agreement is automatically extended by one further year in each case unless either party terminates it by written notice with four weeks’ notice before the end of the minimum term or the respective renewal period.
(2) After termination of the License Agreement, the Customer is obliged to remove the test seal from all websites, product packaging, and other materials and to cease use of the test seal completely, regardless of the form or medium.
(3) The right of both parties to terminate the License Agreement without notice for cause remains unaffected. Good cause exists in particular if the other party has breached material contractual obligations.
§ 9 Miscellaneous
(1) Amendments and supplements to these GTC and the underlying individual contract must be in writing. This also applies to any change or waiver of this clause.
(2) Set-off against a counterclaim is only permitted with an undisputed or legally established claim. The same applies to the exercise of a right of retention.
(3) German law applies. Exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship underlying these GTC is, if the Customer is a merchant or has no general place of jurisdiction in Germany, Bad Hersfeld, Germany.
