General Terms and Conditions for the Braun Tester Club product testing programme

General information:

PINC Solutions GmbH, Brienner Straße 48, 80333 Munich ("PINC"/"we"/"us"), provides a digital platform (the "Platform") on the website for product reviews with text, video and photo content about the respective test product (the "Product"). On this platform, the company Amazon UK as the client has the opportunity to have the product used and evaluated by independent test persons.
The corresponding evaluation may subsequently be published for advertising purposes or used by the manufacturer for the purposes of product improvement or further development/optimisation.
In order to be able to use the Platform, you ("as interested party"/"you"/"you") must agree to these General Terms and Conditions, as they form the basis for registration and admission to the Platform and thus to the Braun Tester Club ("User"), as well as the basis for the subsequent performance of the product test as a tester ("Test Person"). Please read these General Terms and Conditions carefully and familiarise yourself with the provisions contained therein, as the Users of the Platform and the later selected Test Persons must always comply with them. 
These General Terms and Conditions apply to registration and admission to the platform, as well as to the subsequent performance of the product tests themselves.
Selected users of the Braun Tester Club can receive the product at a discount for registering through the client.
In the event of subsequent selection from among the users of the platform as a test person, the test contract (the "Contract") concluded separately between us and you shall form the basis for the specific product test. In this contract, the specific individual requirements and needs as well as the mutual obligations in connection with the actual product tests are regulated and concluded separately between PINC and the test persons in a separate test contract.
The test subjects are then provided with the test products free of charge by PINC on behalf of the client for the duration of a specific test phase. Once the test has been carried out and a corresponding product evaluation has been prepared, the test persons can then receive a benefit in kind similar to remuneration.


1.    Registration - First phase of the product test application

a.    Official requirements to become a Braun Tester Club tester
Registration and participation in product tests is free of charge and voluntary. From May 14th to June 4th 2024, persons aged 18 and over with a registered place of residence in the eligible countries (Germany, United Kingdom, Italy, France, Spain) can register as users via the registration form on the platform and apply to test the product once during the same period. Only consumers for private testing purposes are eligible. A commercial or professional background or use is excluded. 
For future product tests, further periods can be announced on the platform during which new / additional users can register (as required) and further applications as test persons are possible.
To register and be accepted as a user, you must enter your personal data in the form as part of a non-public input screen, tick the relevant checkboxes, agree to these General Terms and Conditions and click on the "Apply now" button. Your data will then be entered into the database of the digital platform and we will receive the first part of your application as a user for the Braun Tester Club. PINC reserves the right to check your personal details and data for verification purposes.
Interested parties are responsible for the accuracy of the contact details provided. If incorrect personal data is provided or in the event of multiple registrations, participation will be cancelled. PINC reserves the right to exclude interested parties, users or test persons from participation without giving reasons in the event of suspected manipulation or a breach of these conditions of participation.

By completing the registration form in full and accepting these GTC, you are making an offer to apply as a user on the platform. The application is personal and cannot be transferred to third parties. PINC expressly reserves the right to refuse to accept the offer to apply without giving reasons. If PINC accepts the offer, a confirmation will be sent to the user by e-mail with the access data to the password-protected online profile, which the user must keep safe.


2.    Product test
Second phase of the product test application:

a.    Personal data
For later selection as a test person and so that we can send you the product for testing, you as a user must subsequently apply in the user profile as a test person for the specific test of the product and further provide us with or confirm some information and data about yourself (e.g. name, postal address, e-mail address, country, telephone numbers, age, a brief explanation of why you would like to become a test person for the Braun product, on which part of the body you would like to use the product). We use this information to make a selection of specific test persons and to contact you.

b.    Video submission
In order to assess whether you are suitable as a test person for the specific product, we require further information and data (e.g. introduction video, confirmation that you appear to be physically and healthily / constitutionally suitable for the respective product, in particular that you do not have any tattoos or are not pregnant) for further application as a test person. 
By clicking the "Apply now as a test person" button and accepting these GTC, the user submits an offer to apply as a test person for the product on the platform. The application is personal and cannot be transferred to third parties. PINC expressly reserves the right to refuse to accept the offer to apply without giving reasons.

c.    Selection criteria and qualification requirements
The test persons for the product will be selected after the registration deadline for the product test programme on 17 May 2024. You accept that the number of product tests and the number of test persons selected for them is limited. A maximum total of 25 test subjects will be selected from Germany, the United Kingdom, France, Italy and Spain. PINC therefore uses certain objective, product-specific and, where applicable, health/constitutional criteria for the selection or rejection of applicants as test subjects for the product test. There is no legal right to be accepted as a test subject.
•    The test persons must have their place of residence and a valid postal address in one of the five countries listed above and speak the official language of the respective country fluently.
•    To be considered as a test subject, you need an iPhone X or a newer model or a comparable Android smartphone so that you can create and upload video and photo content in sufficient quality. 
•    Specific requirements to be observed for the respective products will be communicated and communicated separately as part of the application as a test person, in particular physical, health, or constitutional requirements.
•    The testers are selected on the basis of the above criteria and suitability for product use. The aim is to create a broad collection of individuals, high-quality, engaging Braun Tester Club videos containing a large number of different reviews and personal testimonials. 
The selected test subjects will be contacted by PINC by email without delay by June 14th 2024.

d.    Procedure
After receiving applications from users, PINC will contact the selected potential testers by e-mail to initiate the second phase of the product test application process.
You can then access the internal product test portal to upload an introduction video of yourself and prove that you fulfil further selection criteria for test persons regarding suitability for the test product.
If PINC selects you as a test person in the evaluation, you will receive a notification to the e-mail address provided in the application form. With this notification you will receive an offer to conclude a separate test contract as well as further information about the next steps of the product test. 
In order to accept the contract offer and to be able to carry out the product test programme quickly, you have 48 hours after receiving the message to decide whether you want to take part in the product test and to confirm your postal address. If you do not respond within this period, the offer will lapse and PINC will contact other people who have applied instead.
The test persons undertake to PINC to regularly upload video content and images as part of the product test programme during the 8-week test period. The details of this will be communicated to the selected test persons in the confirmation message and the weekly emails as well as via the platform.
PINC posts instructions and process descriptions for the test products on the Internet portal, to which explicit reference is made in the context of the advertised product test. The respective product testers are obliged to observe and comply with these instructions and to submit a corresponding reading confirmation. Non-compliance will result in exclusion from the specific product test. Any device already sent to the tester must be returned to PINC immediately and undamaged.
Participation in this product test programme is independent of a purchase on Amazon.
PINC uses personal data exclusively for the purpose of implementing the product test programme.
e. Duties of care and co-operation
The testers selected by PINC will be provided with the product on loan free of charge or free of charge so that they can test it on themselves and write a product review. Only upon receipt and viewing of all video experience reports in the upload portal in accordance with the communicated specifications will the test period be terminated with separate approval and thus the free transfer of ownership of the test product to the tester.
To apply as a test person for the product test programme for the product, you undertake to use the product at weekly intervals in accordance with the specifications for a period of 8 weeks if you are selected and the test contract is concluded. 
The test person is solely responsible for ensuring that they are in the required environment for the test, in which the product is safely connected to a suitable and safe power source / charged and can be used or deployed weekly in accordance with the communicated specifications. 
To apply, testers must be willing and able to test the products on themselves for 8 consecutive weeks and regularly create and upload videos and photos during this time, taking into account exceptional circumstances such as personal circumstances, work-related travel or holidays, force majeure, etc.
You are responsible for ensuring that the product and all electronic devices used by you in this context (e.g. chargers, mobile phones, etc.) are properly charged weekly during the 8-week test period, connected to a suitable and safe power source and technically ready for use in this respect in order to be able to carry out the product test accordingly.
You may not post videos, reviews or comments on the Platform that are misleading, offensive, indecent, discriminatory or defamatory or that promote or support any illegal activity or otherwise violate any applicable law.
You undertake to use the product exclusively in accordance with the specifications in the platform, the user manual and any available electronic utility programme (app). 
You undertake to inform PINC immediately if the product is lost or otherwise misplaced (e.g. theft), damaged or does not function technically for any other reason.
PINC may, at its own discretion, temporarily suspend access to a user account or exclude the test person from the product test in the event of a given cause, in particular a breach of the provisions of these terms and conditions or of the separate product test contract, until clarification.
PINC itself does not sell any goods for product testing. PINC advertises and markets product tests for the client and offers this corresponding product test via the Internet platform as a link between the client and test persons.
The product test and the details as well as the procedure result from the respective description by the client on the Internet portal, unless otherwise regulated and described by PINC.
A contract regarding a possible transfer of ownership / transfer of ownership by way of gift of the devices to be tested or regarding a possible remuneration model for the evaluation of the devices loaned to the test persons for a fixed period of time is concluded exclusively and directly between the client and the test persons. The client expressly reserves ownership of the devices until a possible transfer of ownership / transfer by way of gift.
Remuneration, delivery, warranty, etc. with regard to the products to be evaluated are the sole obligation of the client or of PINC for the client; the test and the concrete evaluation of a product in accordance with the specifications for the procedure is the sole obligation of the test persons.
Admission to the Braun Tester Club and participation in the product test is free of charge for users or test persons as consumers. The users or test persons have the option of either receiving the products to be tested at a reduced price from the client or receiving a consideration specified for the product test and the evaluation, regularly the subsequent gift of the tested device. In addition to this discount or consideration, there is no entitlement to reimbursement of expenses or costs, etc.
The test persons are informed that regular participation in product tests, even with different providers, may result in a possible tax liability in specific countries.


3.    Term, cancellation and termination of participation due to inactivity
a)    The contract of use for participation in PINC on the Braun Tester Club Internet platform is concluded for an indefinite period. Users can terminate the contract at any time in text form or in the user area via the "End use" function. 
Both parties are also entitled to terminate the licence agreement at any time without observing a period of notice and without giving reasons. 
As soon as the cancellation is effective, PINC may permanently delete the user account on the platform.

b)    Cancellation of use does not include participation in a specific product test with PINC. Cancellation of a product test must be declared separately by the tester on the basis of the separate test contract in accordance with the respective provisions of the test contract.

c)    The right of both parties to terminate the user contract or the product test contract without notice for good cause remains unaffected. As a milder measure, PINC may, at its own discretion, temporarily suspend access to a user account.

d)    If a user registers with PINC and does not activate the registration via the activation link in the subsequent e-mail for confirmation, the registration will be automatically deleted after 30 days. A new registration is possible.
e)    If the user has not registered on the Internet platform via PINC for a period of two years and/or has not applied for any more product tests, PINC reserves the right to cancel the user's registration. A new registration is possible.


4.    Rights of use, copyright and trademark law
The name "Braun Tester Club" as well as the domain and the applications offered there are legally protected, in particular under trademark and copyright law.
PINC grants users, test persons and clients the revocable, non-exclusive, non-transferable right to use the applications made available within the scope of participation and the data contained therein exclusively within the scope of participation in compliance with the general laws. Upon termination of the contractual relationship, regardless of the reason, the aforementioned rights of use shall end and expire.

No other rights of use are granted unless otherwise agreed or authorised in writing. In particular, it is not permitted to use or process the application provided or the data contained therein in any other way, to pass it on to third parties in whole or in part or to allow third parties access to it


5.    Intellectual property and other industrial property rights
All content that you create as a selected tester, including text, graphics, photographs, images, moving images, sound recordings, illustrations or otherwise (collectively, the "Content"), is the property of PINC, our clients, partners, licensors and/or content providers. All components of the Product Testing Programme and the Product itself, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademarks and other intellectual property rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell the Content or any portion thereof, except as expressly permitted in these Terms of Use. You will not remove any copyright, trademark or other proprietary notices from the Product.


6.    Rights to the reviews
a.    If you create and provide us with Product Reviews in the form of video and image content using your smartphone, you assign to us all right, title and interest (including all copyright, patent, and other intellectual property rights) in and to such Product Reviews for any and all current and future methods and types of exploitation. If such rights in Product Reviews cannot be validly assigned under applicable law, you grant us the exclusive, worldwide, perpetual, irrevocable, royalty-free rights for all current and future uses and exploitation of such Product Reviews; zu diesen Rechten gehört insbesondere das Recht, diese Produktrezensionen zu vervielfältigen, zu verbreiten, öffentlich aufzuführen, öffentlich auszustellen, zu verwerten, zu bearbeiten, produzieren zu lassen, zu verkaufen, zum Verkauf anzubieten, zu importieren, zu modifizieren und davon abgeleitete Werke zu erstellen und anderweitig zu verwerten.

b.    We are under no obligation to use the content of your product reviews. It is at our sole discretion whether and how we use the product reviews you provide. If we use your product reviews, we are under no obligation to mention or remunerate you in any way.

c.    Your product reviews must not be misleading, offensive, offensive, discriminatory or defamatory or promote or support an illegal act or otherwise violate applicable law. We reserve the right to delete reviews at any time without giving reasons and / or to exclude users / test persons. This applies in particular, if applicable law is violated and/or the rights of third parties are infringed (e.g. trademark rights, copyrights and/or personal rights). PINC is also authorised to delete posts that have no connection to a product. PINC reserves the right to shorten product reviews and / or to publish shortened or excerpted reviews. The reviews are selected and published by an internal editorial team at its own discretion. There is no entitlement to the publication of product reviews.

d.    The test person agrees that the evaluation submitted by him/her may be publicly reproduced for advertising purposes on the PINC Internet portal, on the respective product pages of the clients and, if applicable, on the respective social media accounts, in the newsletter, radio/TV and all printed advertising media for an unlimited period of time and in terms of location. For this purpose, the test person grants a free, non-exclusive right of use, unlimited in terms of location, content and time, for the purpose of making the product evaluation publicly accessible in the aforementioned channels. The test person agrees to the use of their shortened name or the user name of their choice. There is no obligation to mention the name or user name of . The tester has no right to have their product review made publicly accessible.


7.    Limitations of liability
PINC shall not be liable for the content of third-party websites - in particular those of its clients - or for damages or disruptions caused by the defectiveness or incompatibility of software or hardware of the participants, or for damages or disruptions caused by the lack of availability or functionality of the Internet.

Otherwise, PINC's liability for slightly negligent breaches of duty shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. The same shall also apply to slightly negligent breaches of duty by PINC's legal representatives or vicarious agents. PINC's liability towards entrepreneurs in the event of slight negligence is excluded.

The above limitations of liability do not apply to intent and gross negligence, to claims under the Product Liability Act or to physical injury and damage to health for which PINC is responsible or in the event of death.


8. Term and termination
The term of the product test programme begins when the test person confirms their participation and contact details to PINC and the separate test contract is concluded. The product test programme begins on the following weekend after the test person has received the product free of charge as a package. The product test programme ends after 8 weeks of weekly product tests and the creation and transmission/review of the recession, whereby PINC will communicate the specific end of the product test to the test person separately.


9. Exemption in the event of breach of contract
In addition to cancellation, PINC reserves the right to take further legal action in the event of significant breaches of these contractual provisions or statutory provisions.

If the user or the test person violates such provisions and PINC is held legally liable by a third party due to this violation of law or contract, PINC reserves the right to demand payment from the participant by way of compensation for all costs and expenses that arise or have arisen due to the violation.
This includes, in particular, payments for damages or reimbursement of expenses in defence against third-party claims.


10. Amendment of the GTC
PINC reserves the right to amend or adapt these General Terms and Conditions unilaterally. The decisive factor is that the contractual partner is not placed in a worse position for objective reasons or that an adjustment is made due to changes in the legal situation, changes in supreme court rulings or market conditions.

The amended provisions shall be sent by e-mail at least two weeks before they come into force. If the contractual partner does not object to the validity of the amended GTC in text form within four weeks of receipt of the e-mail, the amended terms and conditions shall be deemed to have been accepted.

If the user or the test person objects to the validity of the new amended GTC, PINC shall be deemed to have rejected the request for amendment. The contract shall then be continued without the proposed amendment. The right of both parties to terminate the contract remains unaffected.


11. Data protection

The legal basis for the registration and the associated participation in the product tests is Art. 6 para. 1 sentence b) of the European General Data Protection Regulation ("GDPR").

You can find the privacy policy HERE.
PINC is entitled to collect and use personal data insofar as this is necessary for the use of the Braun Tester Club internet platform, for the fulfilment of the test contract and for participation in the product test. This also includes the evaluation of the voluntarily provided personal data for participation and the respective evaluation submitted as well as the possible provision of this data to the client. The test person expressly consents to the collection, processing, and use of their personal data.
PINC is authorised to use the contact data for electronic communication with the test person, e.g. by e-mail.

Personal data will only be processed and used for purposes other than those specified on the basis of the express authorisation or consent of the user or test subject or a legal provision or obligation.

The user or test person is entitled to receive information about their stored data at any time via the e-mail address: The user or test person has the right to revoke their consent at any time with effect for the future.


12. Miscellaneous
a.    Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

b.    This contract - including the form in which it is concluded and all rights and obligations arising from it - is subject to German law. Legal norms which refer to another legal system are excluded.

Mandatory protective provisions of the law of the country in which the contractual partner, who is a consumer, has his habitual residence shall remain applicable.

Private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Rights and obligations arising from this contract may only be transferred with PINC's consent.

c.    Employees of Amazon and PINC and their relatives are excluded from participation.

d.    If the user is a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the court responsible for the registered office of W&P and Düsseldorf. The same shall apply if the user does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

If you are a consumer with domicile or habitual residence in a member state of the European Union, in this case legal action must be brought before the competent court of the member state of domicile.