Lovehoney Group

Terms and Conditions for Sexual Wellness Surveys

These Terms & Conditions for Sexual Wellness Surveys ("Terms & Conditions") govern the participation of individuals ("Testers") in Lovehoney Group's global survey and product testing program (jointly the “Testing Program”) regarding sexual wellness products developed by Lovehoney Group or any third party (“Products”) as well as sexual wellness topics. The Testing Program is carried out by WOW Tech Europe GmbH (“Lovehoney”).

Testers acknowledge and accept the Terms & Conditions set forth below:

1. Eligibility & Participation

1.1 The participation in the Testing Program is open to individuals at the age of a least 18 years and that have reached the age of majority in their respective state, province or territory of residence. By accepting these Terms & Conditions the Tester confirms this.

1.2 There is no right to participate in the Testing Program.

1.3 Testers shall provide truthful and accurate information when applying for participation in the Testing Program and, during their participation, inform Lovehoney, by e-mail and without undue delay, if and when any of their personal information changes. When participating in Tests and Surveys (as defined below) the Testers shall always give true, accurate, complete and meaningful feedback.

1.4 Lovehoney may, in its sole discretion, approve and reject any application for participation in the Testing Program and remove any Tester from the Testing Program at any time. Lovehoney may, in its sole discretion, define the application process and specify further eligibility requirements.

2. Compensation & Product Ownership

2.1 There is no right for any compensation.

2.2 Testers may keep the Products that Lovehoney provided for testing subject to (i) written confirmation to that effect by Lovehoney, and (ii) the completion of the Test (as defined below) in accordance with these Terms & Conditions. Otherwise, Lovehoney remains the owner of the Product.

2.3 Lovehoney may, in its sole discretion, grant monetary or in kind compensation. To the effect, Lovehoney awards points for the completion of Surveys (as defined below) that can be redeemed for Products. Lovehoney may, in its sole discretion, define the redemption criteria and choose the redeemable Products which, in any event, are subject to stock availability. Points collected by a Tester will expire without compensation if and when the Tester leaves the Tester Program or has not participated in a Test or Survey (as defined below) for more than one (1) year.

3. Product Tests

3.1 There is neither a right nor a duty to participate in any Product test. Lovehoney, in its sole discretion, selects and contacts the Testers for specific Product tests (each a “Test”). Contacted Testers shall, without undue delay and, in any event, within the timeframe given by Lovehoney, confirm by e-mail their willingness to participate in the Test. Otherwise, Lovehoney may choose a different Tester.

3.2 Once a Tester selected for Tests receives the Product(s), the Tester shall follow the instructions given by Lovehoney and, in any event, thoroughly read the user manual and safety instructions for the Product(s). In case of any questions or Product issues, the Tester shall contact Lovehoney by e-mail.

3.3 Lovehoney (through a service provider as the case may be) may send to the Tester a link to a questionnaire regarding the tested Product(s).

3.4 The Tester shall complete the Test and, if applicable, the questionnaire within the timeframe given by Lovehoney and in compliance with the user manual and safety instructions of the respective Product.

3.5 Lovehoney does not assume any guarantee for any Product unless explicitly stated otherwise in writing.

3.6 If requested by Lovehoney, the Tester shall return the Product to Lovehoney at Lovehoney’s expense.

4. Surveys

There is neither a right nor a duty to participate in any survey about sexual wellness topics (each a “Survey”). Lovehoney, in is sole discretion, selects and contacts the Testers for a Survey. Contacted Testers shall, without undue delay and, in any event, within the timeframe given by Lovehoney, complete the Survey following any instructions given by Lovehoney.

5. Liability

Lovehoney is liable in cases of intent or gross negligence by Lovehoney or one of its representatives or vicarious agents, as well as in the case of culpably caused injury to life, body, or health, in accordance with statutory provisions. However, in cases of gross negligence, Lovehoney’s liability is limited to the foreseeable, contract-typical damage, unless one of the exceptions mentioned in sentence 1 or sentence 3 of this paragraph also applies. Otherwise, Lovehoney is only liable under the Product Liability Act, for the culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), in cases of fraud, or to the extent that Lovehoney has assumed a guarantee for the quality of the product. The claim for damages for the breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless one of the exceptions mentioned in sentence 1 or sentence 3 of this paragraph also applies.

6. Use of Tester Input

The Tester hereby entitles Lovehoney and its affiliates pursuant to Sec. 15 German Stock Corporate Act to use any provided and anonymized Test feedback and Survey information without restriction, compensation or further approval. The right to use includes the citation for marketing purposes without recognition of authorship pursuant to Sec. 13 German Act on Copyright and Related Rights or any similar laws).

7. Confidentiality and Data Protection

The Tester shall not disclose or make available to third parties any confidential information about the Products, Tests, Surveys and/or Lovehoney for the duration of these Terms & Conditions and thereafter. Confidential information shall include such information of which the Tester knows or must assume that Lovehoney wants them to be kept confidential (including product ideas, prototypes, new products and target course of the questionnaire).

8. Termination

Each party may terminate the Tester’s participation in the Tester Program in writing (e.g., by email) any time with immediate effect.

9. Final Provisions

9.1 These Terms & Conditions supersede any and all prior written and verbal agreements between the parties regarding the subject matter of the Terms & Conditions.

9.2 The invalidity of one or more provisions of these Terms & Conditions shall not affect the validity of the remaining terms. The parties shall undertake to replace the invalid term with a valid term that best reflects the economic purpose of the other terms. The same shall apply to any gaps.

9.3 The processing of these Terms & Conditions and all disputes arising from or in connection with them shall be governed exclusively (where legally permissible) by the law of the Federal Republic of Germany, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.4 Information obligation under the ODR Regulation and the Consumer Dispute Resolution Act (VSBG): The European Commission provides a platform for online dispute resolution in consumer matters (ODR platform) at http://ec.europa.eu/consumers/odr. Lovehoney strives to resolve any disagreements arising from our contract amicably. Furthermore, Lovehoney is not obliged to participate in a dispute resolution procedure and, unfortunately, cannot offer Testers the participation in such a procedure.

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