Teilnahmebedingungen - SATA Loyalty Program coins & more -USA, Kanada, Mexiko

Teilnahmebedingungen - SATA Loyalty Program coins & more -USA, Kanada, Mexiko

General terms and conditions for participation - SATA Loyalty Program coins & more

General terms and conditions for participation in the SATA loyalty program for companies headquartered in Australia and New Zealand for which the program is active.

Valid from 1 September 2017

The SATA loyalty program is a customer retention program. The operator and issuer of the SATA loyalty program is SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany („SATA“). The program is targeted at companies and persons who purchase the eligible products for their own use or consumption and who receive the premium points in connection with the original packaging of the product. Each product which accrues premium points contains corresponding notices on and inside the packaging. With the SATA loyalty program, the buyer can collect points contained in the product packaging as so-called "coins" by scanning, and exchange these for premiums. The coins are provided by SATA voluntarily and without any additional costs or legal claims in the form of QR code stickers and/or imprints on the product packaging. It is only possible to collect the coins by scanning the QR code. Participation in the SATA loyalty program is free of charge.

In order to acquire and redeem coins and for the general performance of the SATA loyalty program, the following general terms and conditions of participation in their respective version apply. Other temporary campaigns and their terms and conditions are notified separately in the SATA loyalty program communications media (for example SATA loyalty app, premium catalogue, newsletter and account statement, online communication, in-app communication).

1. Participation

1.1 Persons entitled to participate

The program is aimed at buyers of the premium products and are eligible for premiums, ie companies which purchase the products for their own use and consumption. They can collect premium points by scanning the coins. Only companies whose place of business is located within Australia and New Zealand for which the program is active, are eligible to participate. These general terms and conditions of participation apply to such companies in these countries. Should a company have issued its employees with the authority to scan and collect the premium points, such employees are also entitled to participate in the SATA loyalty program, provided that they are aged over 18. The premiums will only be sent to the business address stated in the participant profile.

Should a company not wish to participate and/or should it not wish for its employees to participate, it can forego registration and carry out a general de-registration via SATA, by means of which participants who stated in the loyalty app that they are authorised by the company to participate will be excluded from participation. The de-registration is possible via a corresponding page of the SATA website – www.sata.com/en/loyalty-nonattendance –. This is stated on the packaging of the products which are eligible for premiums.

SATA, SATA sales partners, dealers of SATA products to re-sellers, workshops or end consumers and their employees are excluded from participation.

No legal claim to participation in the SATA loyalty program exists. The judges’ decision is final.

1.2 Start of participation

Participation starts with registration in the SATA loyalty app. Both the download and the installation and use of this app are free-of-charge for the participants. For the purpose of registration, the participants must provide all contact data in a precise and truthful manner.

Each participant may only open and manage one account. Re-registration on the part of a participant who is already registered is not permitted. SATA reserves the right to de-activate the most recent account set up or all accounts which have been set up for the same person, should this become apparent.

By means of his or her agreement to these general terms and conditions of participation and the corresponding statement which is necessary within the course of each QR code scan that he or she is entitled to scan the QR codes of the products and to collect the coins concerned either as a purchaser or an employee authorised by the purchaser. Breaches will lead to the immediate forfeiting of the coins concerned and will lead to exclusion of the participant concerned from the SATA loyalty program. In individual cases, SATA reserves the right to request proof of entitlement to scan and collect premium points from participants.

1.3 Participant accounts

The registration in the SATA loyalty app must be filled in in full in order to activate the coin scan function. Accounts with missing or incomplete data cannot be used to collect coins and will be deleted by SATA three months after the date of the most recent entry or change to the registration information.

All information must be provided correctly and in a truthful manner and must be proven to SATA on request. Should this not be carried out following a first request, the entitlement to participate will be forfeited in accordance with Number 1.2 of these general terms and conditions of participation. The participant shall be obliged to immediately notify SATA of changes to the provided data by managing this in the SATA loyalty app.

1.4 Password

Each participant will set up a valid personal access password for the SATA loyalty app during the registration process. The participant must ensure that abuse is prevented and that no unauthorised third persons become aware of the password. Should the participant suspect that the password has been misused, it must be changed immediately and reported to SATA via the following email address: loyalty-password@sata.com SATA shall only incur liability for losses caused due to failure to change the password or due to the password being changed late or notification until the time of the password change or receipt of the notification within the framework of Number 4.1 of these general terms and conditions of participation.

2. Coins

2.1 General

The basis on which the SATA loyalty program is calculated is premium points, so-called coins which are added to the points account of the participant. The coins can only be used for the purposes which apply at the time of the premium redemption and which are expressly listed in these general terms and conditions of participation, additional program documents or the SATA loyalty program communications media. SATA reserves the right to alter the necessary number of coins in order to acquire a premium without prior notification.

2.2 Assignability of and trading with coins

The assigning of premium points to third parties and other participants of the SATA loyalty program is excluded. The sale, exchange, offering for auction or other passing on of coins to third parties is prohibited. In addition, the brokering of the purchase of sale of coins and the purchasing of coins of participants or third parties, as well as the unauthorised use of coins is prohibited. The consolidation of the balance of various participant accounts is excluded.

2.3 Account balance

The current status of the points balance is shown in the SATA Loyalty Program App and can be retrieved as long as there is an existing data connection.

In addition, a participant who actively uses the SATA loyalty program receives regular information concerning the current account balance, provided that the participant has expressly registered for the "SATA loyalty program online communication".

2.4 Acquisition of coins

2.4.1 General regulations concerning the acquisition of coins

It is possible to purchase coins from the time participation starts. The coins are provided by SATA exclusively in the form of QR codes inside designated product packaging and can them following the opening of the packaging, be read with the QR code scanner which is integrated in the SATA loyalty app for mobile end devices. By means of this, the premium points are credited to the registered participant. Coins can only be acquired once per article. Within the course of each individual QR code scan, a statement by the participant must be provided that he or she is also entitled to scan and collect the coins, either as a purchaser or as an authorised employee of the purchaser. Otherwise, the provisions of Number 1.2 of these general terms and conditions of participation apply in this respect. Coins can only be obtained in this way.

In certain cases, coins may be invalid (ie scanned coins are not credited to the account of the participant), such as in the following cases: The QR code is located on a product which was manufactured prior to the start of the SATA loyalty program, in case of promotional goods at a reduced price or in case of products which are sold after the end of the loyalty program.

The maximum number of coins which a participant can collect in his or her points account corresponds to the number of coins which is necessary to redeem the premium with the highest points value, however a maximum of 25,000 coins. It is not possible to acquire additional coins beyond this limit.

Before new coins can be obtained, existing coins must be redeemed in accordance with Number 2.5 of these general terms and conditions of participation. Coins which are scanned in the meantime however, which were not able to the credited to the participant's account in the SATA loyalty app due to the above-mentioned limit of collectable coins will not become invalid, but rather the number of coins which come under the limit referred to above can be scanned and collected in the participant's account once again.

The purchaser who is entitled to use the coin has the option of reporting unauthorised scanned coins of his products for up to three months following the crediting to the premium account of the unauthorised participant, stating the SAL or batch number and proof of invoice to SATA via the email address loyalty-owner@sata.com, provided that the points have not yet been redeemed. SATA will then transfer the coins to the person who is actually entitled to them and will exclude from the SATA loyalty program with immediate effect the person who has scanned the coins in an unauthorised manner.

SATA reserves the right to deactivate QR codes in certain cases (for example certain promotional goods). A points crediting for certain goods or deliveries independent of the scanning of the QR code contained in the packaging is excluded.

SATA reserves the right to set so-called "booster factors" for the recording of coins during certain limited periods of time or to set certain premiums of parts thereof or to lift these again. Booster factors will be multiplied by the usual points value of the coin and increase the premium points to be credited in the corresponding period of time. The booster factors can be limited to a certain number of scanned coins. The number of the coins to be credited is determined in accordance with the rules for the SATA loyalty program which apply at the time of using the service. The groups of goods which are capable of obtaining a credit, as well as the number of granted coins are each published in the SATA loyalty app. SATA reserves the right to alter the rules of the SATA loyalty program at any time.

In case of revocation of the purchase of the product for which coins were credited (for example by means of cancellation of the contract, withdrawal, rescission, exchange etc), as well as in case of incorrect bookings and misuse, SATA reserves the right to cancel the points crediting concerned.

The objection concerning the correctness of the points balance must be submitted to SATA within one month of the disputed change via the email address loyalty-account@sata.com The corresponding till receipt or invoices, as well as a photo of the QR code must be attached to the objection. Failure to raise an objection on time is deemed to represent approval of the points balance.

2.4.2. Exclusion of the coin credit

Coin credit is usually excluded for certain special tariffs, free positions, free-of-charge deliveries and other non-remunerable acquisition. The coin credit is also excluded for illegally acquired coins.

2.5 Redemption of the coins

2.5.1 General regulations concerning the redemption of coins

Each participant can redeem his or her coins for the premiums offered for the SATA loyalty program by SATA, provided that his or her points account shows a credit which corresponds to at least one premium value.

The requirement for such is the availability of the premiums in accordance with Number 2.4.3 and an account balance with at least the necessary number of coins for the respective premium. The necessary coins for individual premiums are each notified in the app in an updated manner.

Only material premiums or corresponding credits are granted. Setting off or cash payments are excluded.

2.5.2 Redemption of premiums

The redemption of the premiums takes place via the SATA loyalty app. Should the coins contained in the product not give rise to a direct entitlement to acquire a premium or part of a premium, the participant can choose a premium, provided that he or she has acquired the required number of coins for the respective premium. The sending of the premium takes place exclusively to the company address stated in the SATA loyalty app. The sending of premiums to the private addresses of the employees of a customer who are entitled to participate is excluded. SATA is not responsible for any detrimental consequences of failure to change addresses or an incorrect change of address.

Any bonuses that have already been redeemed cannot be converted back into points or exchanged into different bonuses.

The premiums cannot be returned or exchanged, except in case of claims connected to defects and in cases mandated by law. All performance, dimensional, weight, size and colour statements/images of the premiums should only be considered to be of an approximate nature unless stated otherwise. These merely serve the purpose of description and do not represent any guaranteed properties or qualities. Deviations which are customary in the trade and deviations which take place due to legal regulations are permitted, provided that these do not impair the usability of the premiums.

2.5.3 Availability and special conditions for premiums

For the duration of the validity of the SATA loyalty program, SATA is obliged, in relation to the participant, to deliver the selected premium in return for redemption of the coins collected in accordance with the currently applicable general terms and conditions of participation.

The price for the acquisition of the products which is covered by the premium does not depend on the registration for the SATA loyalty program and the coins connected to the product. By means of the introduction of the SATA loyalty program, the price of the product covered by the premium does not change (exception: changes to packaging size or annual price change).

The availability of the premiums can vary according to date, season and target location. Individual premiums may not be available at certain times.

SATA reserves the right to deliver a comparable replacement premium, however this may not necessarily be of an equivalent nature.

2.5.4 Misuse

In particular, a participant will be acting in an abusive manner as defined in these general terms and conditions of participation if he or she infringes the regulations in Number 2.4.1 (acquisition of coins) or Number 2.2 (assignability of coins and trading in coins) or commits acts in another way which leads to the unauthorised obtaining of benefits in connection with the SATA loyalty program. In particular, this also includes the misuse or manipulation of the SATA loyalty app and its functions.

2.5.5 Consequence of misuse

In case of misuse for which the participant is responsible, SATA reserves the right to block points and premiums or to confiscate these or to refuse the issuing of a premium or the redemption.

The right of termination in accordance with Number 3, as well as the right to bring further claims against the participant, including damages claims, remains unaffected.

In case that premiums are obtained using coins which have been obtained in an abusive manner for which the participant is responsible (see Numbers 2.4.1 and 2.2), SATA reserves the right to bring a damages claim instead of the coins which are necessary to obtain the premium, should the points balance not suffice to obtain the premium when deducting the coins which have been obtained in an abusive manner.

In all cases, it is up to the participant to demonstrate that no or a lesser damage has been created.

2.6 Forfeiture of coins

Acquired coins will be issued for premiums in the order of their recording.

Should coins not be redeemed for a premium within 36 months of the time of their recording in the points account of the SATA loyalty app, these will be forfeited.

Should coins not be scanned within three years of the manufacture of the product with a premium entitlement, these will be forfeited.

Account balances will be forfeited in full should no new coins be registered in a period of six months.

Once the loyalty has been generally terminated, all coins will lose their value (see Number 3.5).

SATA is not obliged to inform the participant of the forfeiture of points credits.

3. Termination, blocking, exclusion from participation in the program

3.1 Regular termination

Participants can end participation in the SATA loyalty program at any time without compliance with a period of notice by means of notification to SATA via the following email address, loyalty-termination@sata.com, stating the necessary data in this respect (name, company, email address from which the registration was made) or by de-registering in the SATA loyalty app in the account profile using the valid password.

SATA can declare regular termination to individual participants by giving notice of four weeks without the giving of reasons. In such a case, termination takes place by means of email to the email address stated in the SATA loyalty app.

3.2 Exclusion from participation

Companies can be generally excluded from participation in the SATA loyalty program by SATA in accordance with Number 1.1

By means of this, all participants who have stated in the loyalty app that they work for the company concerned will be excluded from participation. The de-registration is possible via a corresponding page of the SATA website – www.sata.com/en/loyalty-nonattendance –. This is stated on the packaging of the products which are eligible for premiums. Participants who have already registered who have stated in the loyalty app that they work for the company concerned will be excluded from participation by SATA. In such a case, SATA can only guarantee the deletion of participant profiles with exact company names.

By means of a written request, SATA can carry out a new authorised registration of the company. For this purpose, the enquiring company must send an original invoice (not more than 1 month old) and any additional verification documents to loyalty-revival@sata.com

3.3 Extraordinary termination

SATA can declare extraordinary termination without notice for important reasons to individual participants at any time. An important reason is present in particular in case of a culpable and serious breach of these general terms and conditions of participation by a participant. The same applies in case of misuse or attempted misuse, as well as in case of serious provision of incorrect information, manipulation or use of unauthorised aids, as well as in case of misuse in accordance with Number 2.4.1 of these general terms and conditions of participation (acquisition of coins), as well as in case of serious provision of incorrect information, manipulation or damaging / nuisance causing behaviour in relation to SATA, its employees or vicarious agents.

3.4 Blocking and exclusion from participation in the program

In the cases stated in Number 3.2, SATA is entitled to block the participant's account. The right to block the account also exists in case of objective suspicion of the presence of an important reason during the period of time necessary for a reasonable investigation into the matter. The participant is not entitled to any claims in connection with a blocking allowed under the provisions above.

Once termination has been declared by SATA, it is not permitted to participate in the SATA loyalty program once again. These general terms and conditions of participation will continue to apply to the performance of the contractual relationship once an effective notice of termination has been issued.

3.5 Validity of the coins in case of termination

3.5.1 In case of regular termination

In case of an effective termination by the participant, all coins in the account will cease to be valid six months after receipt of the notice of termination. In case of an effective termination by SATA, the coins will cease to be valid six months after receipt of the notice of termination. Point credits which cannot be used or point credits which have not been redeemed will be forfeited.

3.5.2 Extraordinary termination

In case of extraordinary termination by the participant or SATA, the participant's account will be closed immediately and all points will be forfeited.

3.6 Termination of the program

SATA can unilaterally declare the SATA loyalty program closed in full or declare the terms of the program terminated with a notice period of four months by means of an email to the registered participants. Following the expiry of this deadline, no further coins can be recorded. After a further six weeks, all point balances which were not used for premiums in the meantime will be forfeited.

4. Other

4.1 Liability

The following shall apply to losses which participants incur in connection with their participation in SATA:

In case of intent or gross negligence, as well as in case of the presence of a guarantee, the liability shall be unlimited. In case of simple negligence, liability shall also be unlimited in case of injury to life, body or health. In case of a simple negligent breach of essential contractual obligations, the liability shall be limited in case of connected property damage and financial losses to losses which are foreseeable and occur typically. An essential contractual obligation is an obligation which is necessary for the proper performance of the contract and on whose compliance the participant may regularly rely. Any further liability to pay damages shall be –excluded, except for claims under the –German Product Liability Act (Produkthaftungsgesetz).

4.2 Data protection

The personal data gathered in the course of participation in the SATA loyalty program will be used by SATA for the purpose of carrying out the program – and, should the participant have issued his or her prior consent to such –, for marketing purposes, in particular for the sending of advertising materials by email and telephone.  Details on the implementation of the SATA Loyalty Program and the handling of participants’ personal data within the scope of the Program can be found at: www.sata.com/loyalty-dataprotection on SATA’s website.

4.3 Changes to the program or terms and conditions of participation

SATA reserves the right to carry out changes or additions to the terms and conditions of participation, the premiums, the necessary number of points for each premium or other processes for the SATA loyalty program described in the program documents at any time, provided that the participant will not be impaired by such and provided that SATA is acting in good faith. Damages claims of participants against SATA due to country-specific changes mandated by law are excluded.

SATA reserves the right to adjust the availability of the number of points for a SATA premium product and the necessary number of points for each premium according to its discretion.

Changes or additions to the bonuses, the required number of points or other processes described in the program documents for the SATA Loyalty Program (with the exception of the number of points for a bonus product and the required number of points for every bonus) are announced in the SATA Loyalty App or the SATA Loyalty Program communications media.

Changes or additions to these terms and conditions of participation will be notified in text form via email to the email address stored in the SATA loyalty app. The changes or additions to the terms and conditions of participation shall be deemed to have been accepted should a participant not raise an objection within two months of objection to the following email address - loyalty-participation@sata.com or should further coins be scanned following the expiry of this deadline. We are obliged to provide specific notification of this consequence. Should a participant object to the change or addition, his or her participation can be ended by means of regular termination in accordance with Number 3.1

4.4 Tax effects

It is the responsibility of every participant to deal with any tax implications of receiving the bonus.

4.5 Closing provisions

Should any individual provisions of these general terms and conditions of participation be legally ineffective or unenforceable in full or in part or should these lose their legal effectiveness or enforceability in the future, the validity of the remaining clauses shall not be affected thereby.

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention governing the International Sale of Goods. To the extent that is legally permitted, the exclusive place of jurisdiction shall be Stuttgart, Germany. In addition, a claim can also be brought against a participant by SATA at his or her general place of jurisdiction or at any other place with a competent court.