General Terms & Conditions for Participation in the SATA Loyalty Program coins & more
for companies residing in the United Kingdom
Valid from September 1st, 2017
These General Terms & Conditions for Participation in the SATA Loyalty Program coins & more (the “Terms”) are issued by SATA GmbH & Co. KG, Domertalstrasse 20, 70806 Kornwestheim (“SATA”). These Terms (as updated from time to time by SATA) govern the operation of, and participation in, a SATA customer reward program as described below (the “SATA Loyalty Program coins & more”). SATA manufactures and sells products for the application of fluids including paint and articles relating to the application of fluids. Certain products of the product range will be sold by SATA in packaging that contains QR codes (the “Bonus Products”). A purchaser of a Bonus Product who has registered to participate in the SATA Loyalty Program coins & more using a smartphone app issued by SATA (the “SATA Loyalty App”) on a mobile device can collect loyalty points (“SATA coins”) by scanning the QR codes using the SATA Loyalty App and can then exchange the SATA coins for rewards .
SATA does not charge for participation in the SATA Loyalty Program coins & more or for downloading the SATA Loyalty App. However, Participants in the SATA Loyalty Program coins & more may be charged for the delivery costs of rewards and mobile network providers may charge for transmitting data or the data may use up part of the Participant’s data allowance.
SATA may from time-to-time run other promotions that will be governed by separate terms and conditions issued in SATA Loyalty Program coins & more communication media (e.g. the SATA Loyalty App, rewards catalogue, newsletter and account statement, online communication, in-app communication).
1.1 Persons entitled to participate
SATA, SATA group companies (e.g. SATA UK Ltd. and SATA Canada, Inc.), SATA distribution partners, importers of SATA products, resellers, and the officers, employees, contract staff and other personnel of any of the foregoing and private consumers who purchase products for their own personal use (“Excluded Entities”) shall not participate in the SATA Loyalty Program coins & more.
Only the following entities are eligible to participate in the SATA Loyalty Program coins & more:
- Companies, sole traders, service providers and other businesses and organisations (“Businesses”) that are registered in and operate in the United Kingdom and that purchase SATA’s Bonus Products for their own consumption (i.e. not for resale) in the United Kingdom and who are not Excluded Entities (“Qualifying Businesses”); and
- Individuals who are at least 18 years of age and resident in the United Kingdom and who work for a Qualifying Business that has not itself registered to participate in the SATA Loyalty Program coins & more and that has given them permission to participate in the SATA Loyalty Program cons & more and to collect SATA coins and who are not Excluded Entities (“Qualifying Individuals”).
For these companies in this country these General Terms & Conditions are valid.
In all cases, rewards will be sent to the business address as stated in the user profile.
If a Business does not wish to to participate in the SATA Loyalty Program coins & more, it can decline to register and carry out a general deregistration via SATA, whereby participants who have indicated in the Loyalty App that they have been authorised to do so by the company are also excluded from participation. Cancellation can be made via a corresponding page on SATA’s website - https://www.sata.com/en-dat/service/coins-and-more/company-exclusion- as shown on the packaging of the bonus products.
No Business or individual shall have any legal right to participate in the SATA Loyalty Program coins & more. Participation is at SATA’s absolute discretion and SATA’s decision on who may participate is final.
1.2 Start of participation
Businesses and individuals who wish to participate in the SATA Loyalty Program coins & more must
(i) download and install the SATA Loyalty App for which SATA does not charge (but mobile network providers may charge for download data)
(ii) enter into the SATA Loyalty App their contact details and details of the applicable Business fully, accurately and truthfully.
Businesses and individuals who register to participate in the SATA Loyalty Program coins & more are referred to as “Participants”.
SATA will not be responsible for permitting individuals to register or removing Participants if the name of the Business given by them does not exactly match the name of the Business given by the Business.
Each Participant may only open and manage one account with the SATA Loyalty Program coins & more (an “Account”). It is prohibited to reregister a Participant who is already registered. SATA reserves the right to deactivate any or all Accounts registered for the same Participant.
By agreeing to the General Terms & Conditions as well as a corresponding confirmation required in the process of every QR code scan, the Participant – either as the acquirer or as an authorised employee of the acquirer – confirms that they are authorised to scan the QR codes of the products and to collect the corresponding SATA coins. Violations shall result in the immediate loss of the corresponding SATA coins and exclusion of the Participant in question from the SATA Loyalty Program coins & more. SATA reserves the right, on a case-by-case basis, to request Participants to provide proof of their authorisation to scan and collect bonus coins.
1.3 Participant Accounts
Registration with the SATA Loyalty App must be duly completed before a Participant can participate in the SATA Loyalty Program coins & more and before activation of the SATA coin scan function. Accounts with missing or incomplete data may not be used to collect SATA coins, and will be deleted by SATA three months after the date of the last entry or change in the registration information.
All information entered into the SATA Loyalty App by a Participant must be true and accurate. A Participant shall at the request of SATA promptly provide SATA with such verification of the information as SATA may request. If this information is not verified to SATA’s satisfaction within a reasonable period of such request, eligibility to participate may be revoked and the Participant’s account deleted. If an individual Participant states that he or she has the permission of a Business to participate in the SATA Loyalty Program coins & more and to collect SATA coins, SATA shall have the right and will be deemed to have been given permission to contact such Business to verify this information.
Participants must immediately notify SATA of any changes to the information provided within the SATA Loyalty App by updating the information in the SATA Loyalty App.
Every Participant sets up a personal password for the SATA Loyalty App during registration. To prevent abuse, the Participant must make sure that no unauthorised third party obtains knowledge of the password. If there is any suspicion that the password is being misused, then it must be changed immediately and SATA must be notified by email at email@example.com. To the extent permitted by law, SATA shall not be liable for any losses incurred due to unauthorised or any third party access of an Account unless such access was due to a failure by SATA.
1.5 Service emails
By participating in the SATA Loyalty Program coins & more, customers regularly receive service emails with information on transactions that have affected the SATA coin account balance, current account balance or maintenance cycles. The service emails do not contain any promotional content.
By registering for the SATA Loyalty Program coins & more, the participant gives his permission to receive these service emails and cannot revoke his consent.
2 SATA coins
Calculations in the SATA Loyalty Program coins & more are based on SATA coins that are added to the Account of the Participant by scanning the QR code of the Bonus Products using the SATA Loyalty App. The SATA coins can only be used for the purposes applicable at the time of redemption that are expressly listed in these Terms, additional program documents or the SATA Loyalty Program coins & more communications media. SATA reserves the right to change the rewards available and/or the number of SATA coins required to obtain a reward without prior notice.
2.2 Transferability of SATA coins and trading with SATA coins
SATA coins may not be transferred to third parties or other Participants in the SATA Loyalty Program. The sale, exchange, auctioning or other distribution of SATA coins to third parties is prohibited. Brokering the purchase or sale of SATA coins and the purchase of SATA coins from Participants or third parties and the unauthorised use of SATA coins are also prohibited. The consolidation of SATA coins from different Accounts is prohibited. Any of these actions may lead to the applicable SATA coins being voided and related Accounts being de-activated.
2.3 Account balance
The current status of a Participant’s Account is shown in the SATA Loyalty App and can be viewed using the SATA Loyalty App provided the Participant has a suitable mobile data connection.
In addition, a Participant who actively uses the SATA Loyalty Program coins & more will receive regular information about their current Account status, provided that the Participant has expressly registered for the “SATA Loyalty Program coins & more Online Communication”.
2.4 Acquisition of SATA coins
2.4.1 General Rules on the Acquisition of SATA coins
SATA coins may be acquired from the time participation begins. SATA coins are only provided by SATA in the form of valid QR codes in certain product packaging of the Bonus Products and can be scanned after the package is opened using the QR code scanner that is integrated in the SATA Loyalty App for mobile devices. Only after the valid QR code is scanned will the SATA coins be added to the Participant’s Account. SATA coins can only be acquired once per Bonus Product. The input of the Participant is required in the process of each QR code scan in order to also be authorised to scan and collect SATA coins. In addition, the provisions of clause 1.2 of these General Terms & Conditions of participation shall apply. SATA coins may not be purchased or acquired in any other way.
Examples where QR codes may not be valid (i.e. will not cause SATA coins to be added to an Account when scanned by a Participant) include: QR Codes on products that were produced before the start of the SATA Loyalty Program; QR Codes on products which are being sold at special promotional prices (in which case such QR codes may be temporarily disabled); and QR codes on products sold after the end of the SATA Loyalty Program.
A participant can have a maximum number of SATA coins, required for the most valuable bonus, but not more than 25,000 coins during any day. The acquisition of new coins exceeding this limit is not possible. SATA coins must be redeemed in accordance with clause 2.5 of these General Terms & Conditions before new coins can be acquired.
A Participant who is a Business can report SATA coins that were scanned without authorisation from Bonus Products they have purchased to SATA by email at firstname.lastname@example.org, up to three months after the Account of the unauthorised Participant was used to collect the applicable SATA coins by providing the SAL or carton number and through verification of the invoice by SATA, provided theSATA coins have not been redeemed yet. SATA will then transfer the SATA coins to the actual authorised beneficiary and exclude the Participant who scanned the QR codes without authorisation from the SATA Loyalty Program coins & more with immediate effect.
SATA reserves the right, in particular cases (e.g. special promos), to deactivate QR codes. No SATA coins will be added to an Account for Bonus Products without scanning the applicable QR code.
SATA reserves the right to set up or cancel so-called “booster factors” for the acquisition of SATA coins for certain limited periods of time. Booster factors multiply the usual value of the SATA coins during the specified period. The booster factors can be capped at a fixed number of scanned SATA coins. The number of SATA coins to be added to a Participant’s Account at any point is based on the applicable rules for the SATA Loyalty Program coins & more at the time they are claimed. The Bonus Products as well as the number of SATA coins awarded are published in the SATA Loyalty App.
SATA reserves the right to change the rules of this SATA Loyalty Program coins & more at any time.
In the event of a cancellation (e.g. through cancellation of agreement, dispute, withdrawal, exchange etc.) of the purchase of the Bonus Product for which SATA coins have been scanned, as well as incorrect bookings and abuse, SATA reserves the right to cancel the corresponding SATA coins.
Any objection to the correctness of the SATA coins obtained from a particular Bonus Product must be made to SATA by email at email@example.com within one month after the disputed change. The corresponding sales receipt or invoice as well as a picture of the QR code must be attached to the objection. If an objection is not submitted within this time, the number of SATA coins obtained from that Bonus Product is deemed to be accepted.
2.4.2 Exclusion of the SATA coin Credit
SATA coins cannot be used for certain special tariffs, free positions, free-of-charge deliveries and other non-remunerable purchases. SATA coins that are illegally obtained or SATA coins for Bonus Products that have been acquired from outside the geographic validity of this specific program shall be void.
2.5 Redemption of SATA coins
2.5.1 General Rules regarding the Redemption of SATA coins
Each Participant can redeem their SATA coins for rewards offered by SATA in the SATA Loyalty Program coins & more as soon as they have enough SATA coins for the desired reward. Rewards are subject to availability (see clause 2.7 below). News regarding the required SATA coins for individual rewards will be announced in the SATA Loyalty App.
Only in-kind rewards or corresponding vouchers will be granted. No settlement or cash payment will be made.
2.5.2 Provision of rewards
Rewards can be obtained on the SATA Loyalty App. The Participant can select a reward as soon as he or she has collected the number of SATA coins needed for the desired reward. The reward will be sent only to the business address indicated in the SATA Loyalty App. The sending of rewards to the private address of an authorised employee of a Business is not permitted. SATA is not liable for any losses arising from an omitted or incorrect address.
Any rewards that have already been obtained cannot be converted back into SATA coins or exchanged for different rewards.
If a reward is not of satisfactory quality when delivered to the business address, the Participant shall return the reward to the sender (at the Participant’s expense) and SATA may at its absolute discretion either replace the reward or credit the Participant’s Account with the number of SATA coins that the Participant exchanged for the reward. This shall be the Participant’s sole right and remedy in relation to any claim that a reward is not of satisfactory quality or fit for purpose. All performance, dimensions, weight, size as well as colour indications and descriptions of rewards are, unless otherwise indicated, to be understood only as guidelines. They serve only as descriptions and do not represent any guaranteed characteristics or features. There may also be customary deviations, and deviations that result from changes in legal requirements, but these should not adversely affect the usability of the rewards.
2.5.3 Availability and special conditions for rewards
As long as the SATA Loyalty Program coins & more is in effect, SATA shall deliver the selected rewards in return for the SATA coins redeemed according to the then-valid Terms.
The purchase price of the rewards is independent of the registration for the SATA Loyalty Program coins & more and the SATA coins associated with the Bonus Products. The price of the Bonus Product will not change due to the introduction of the SATA Loyalty Program coins & more but the prices of Bonus Products may change from time-to-time in the ordinary course of business e.g. if the package size changes.
The availability of rewards can vary depending on date, season and target destination. Individual rewards may not be available at specific times.
SATA reserves the right to deliver a comparable but not equivalent replacement reward.
A Participant is deemed to be engaging in abuse within the meaning of these Terms if they fail to comply with the requirements set out in these Terms, or in any other way commits acts or omissions that can be used to obtain undue advantages from the SATA Loyalty Program. In particular, but without limitation, this includes the abuse or manipulation of the SATA Loyalty App and its functions.
2.5.5 Consequences of abuse
In cases of abuse by a Participant, SATA reserves the right in relation to that Participant to block or retract SATA coins and rewards or to refuse the provision of rewards or redemption of SATA coins.
The right of termination in accordance with clause 3, as well as the right to make additional claims against the Participant, including compensation for damages shall remain unaffected.
Where the Participant is found to have claimed a reward by using SATA coins collected as the result of abuse, SATA may, without limitation to its other rights, demand cash payment equal to the value of the reward.
In all cases, it is up to the Participant to demonstrate that no or a lesser damage has been created.
2.6 Expiration of SATA coins
SATA coins are used for rewards in the order in which they were collected.
IF SATA COINS ARE NOT REDEEMED FOR REWARDS WITHIN 36 MONTHS FROM THE TIME THEY ARE ADDED TO AN ACCOUNT IN THE SATA LOYALTY APP, THEY EXPIRE AND WILL NO LONGER BE USEABLE.
IF A QR CODE ON A BONUS PRODUCT IS NOT SCANNED WITHIN 36 MONTHS AFTER THE DATE OF ISSUE OF THE BONUS PRODUCT BY SATA, THE SATA COINS ASSOCIATED WITH THAT QR CODE WILL EXPIRE AND IT WILL NO LONGER BE POSSIBLE TO COLLECT SATA COINS BY SCANNING THE QR CODE.
AN ACCOUNT WILL EXPIRE IF NO SATA COINS ARE ADDED TO THAT ACCOUNT FOR A PERIOD OF SIX MONTHS AND ALL SATA COINS THAT HAVE BEEN COLLECTED IN SUCH AN ACCOUNT WILL BE LOST.
WHEN SATA STOPS RUNNING THE SATA LOYALTY PROGRAM, ALL SATA COINS WILL LOSE THEIR VALUE IN ACCORDANCE WITH THE PROVISIONS OF CLAUSE 3.5
SATA SHALL HAVE NO OBLIGATION TO INFORM A PARTICIPANT ABOUT THE EXPIRY OR LOSS OF SATA COINS FROM THE PARTICIPANT’S ACCOUNT.
3 Termination, blocking, exclusion from participation in the program
3.1 Ordinary termination
Participants can terminate their participation in the SATA Loyalty Program coins & more at any time without notice by contacting SATA by email at firstname.lastname@example.org and providing the required data (name, company, email address used for the registration) or by deregistering in the SATA Loyalty App under their user name with the valid password.
SATA can terminate any Participants participation in the SATA Loyalty Program coins & more at any time and with or without cause by giving the Participant 28 days’ notice of termination. The termination notice shall be given by email to the email address indicated by the Participant in the SATA Loyalty App.
3.2 Exclusion from participation
Businesses can generally exclude their participation in the SATA Loyalty Program coins & more according to clause 1.1 of these Terms. This will exclude from participation all Participants who have indicated in the SATA Loyalty App that they work for the respective Business.
Cancellation can be made via a corresponding page on SATA’s website - www.sata.com/loyalty-exclusion_en - as shown on the packaging of the bonus products. Stating the exact legal name of the Business and its full business address and SATA will:
(i) deregister any individuals who have indicated in the SATA Loyalty App that they have been authorised to participate in the SATA Loyalty Program coins & more by a business whose name is identical to that provided by the Business; and
(ii) (ii) not register any new individuals who indicate in the SATA Loyalty App that they have been authorised to participate in the SATA Loyalty Program coins & more by the Business. SATA will not be responsible for removing Participants if the name of the Business given by the individual does not exactly match the name of the Business given by the Business.
Upon written request, the new authorized registration for the company can then be set up by SATA on the basis of a verified invoice, not older than one month and further documentation to email@example.com.
3.3 Immediate termination
SATA can issue an immediate termination to a Participant(s) for cause without notice at any time. “For cause” includes, without limitation:
(i) a material breach of these Terms by the Participant;
(ii) in case of abuse or attempted abuse;
(iii) significant incorrect information, manipulation or the use of unauthorised aids and in the event of an abuse; and
(iv) significant incorrect information, manipulation, harassing or harmful behaviour against SATA, their employees or agents.
3.4 Suspension or exclusion from participation in the program
In cases covered by clause 3.2, SATA is entitled to suspend an individual Participant's Account. SATA shall also have the right to suspend a Participant’s Account if SATA believes, in its sole opinion, that a scenario outlined in clause 3.3 may have occurred. To the maximum extent permitted by law, SATA shall not be liable for any losses that arise due to a suspension of a Participant’s Account.
Anyone whose Account is terminated by SATA may not participate in the SATA Loyalty Program coins & more again. These Terms shall continue to apply to the handling of the contractual relationship after an effective termination.
3.5 Validity of SATA coins after termination
3.5.1 In case of an ordinary termination
In case of effective termination by the Participant, all SATA coins in the Participants' Account expire within six months after receipt of the termination.
In case of effective termination by SATA, the SATA coins expire within six months after termination is notified to the Participant. Any SATA coins that are or cannot be used in this time will expire.
3.5.2 Immediate termination
In case of an immediate termination by the Participant or SATA, the Participant's Account shall be closed immediately with the loss of all SATA coins.
3.6 Program cancellation
SATA can unilaterally cancel the SATA Loyalty Program coins & more as a whole or the conditions of the SATA Loyalty Program coins & more with 4 weeks’ notice by sending an email to the Participants registered in the SATA Loyalty Program coins & more. No more SATA coins can be collected after expiration of the notice period. After an additional six months, all SATA coins that have not been redeemed for rewards will expire.
SATA excludes all liability arising out of or in connection with these Terms, the SATA Loyalty Program coins & more, and (subject to Section 2.5.2) any rewards provided under the SATA Loyalty Program coins & more, provided that nothing in these Terms shall exclude or limit either party’s liability in respect of any liability that cannot be excluded or limited pursuant to applicable law including the following liabilities, to the extent that they cannot be excluded or limited by law:
(i) death or personal injury caused by SATA’s negligence; and
(ii) fraud or fraudulent misrepresentation.
4.2 Data protection
Personal data collected by SATA in the scope of participation in the SATA Loyalty Program coins & more shall be used by SATA for the purpose of implementing the SATA Loyalty Program coins & more, and – to the extent that the Participant has given permission in advance –for marketing purposes, in particular sending promotional messages by email and telephone. Details on the handling of Participants’ personal data within the scope of the SATA Loyalty Program coins & more can be found at:www.sata.com/en-dat/privacy-policy.
4.3 Changes to the SATA Loyalty Program coins & more or these Terms
SATA reserves the right to make changes or additions to the SATA Loyalty Program, these Terms, rewards, the required number of SATA coins for each reward or other processes in the SATA Loyalty Program coins & more as described in the program documents, provided that such action does not discriminate against the Participant in bad faith.
SATA reserves the right, in its sole discretion, to adjust the available number of SATA coins for a Bonus Product and the SATA coins required for each reward.
Changes or additions to the rewards, the required number of SATA coins or other processes described in the program documents of the SATA Loyalty Program coins & more (with the exception of the number of SATA coins for a Bonus Product and the number of SATA coins required for each reward) are announced in the SATA Loyalty App or the SATA Loyalty Program coins & more communications media.
Changes or additions to these Terms are announced by notification in writing via email to the email address stored in the SATA Loyalty App. The changes or additions to these Terms are deemed accepted if a Participant does not send an objection to the email address firstname.lastname@example.org within two months of the announcement or scans in additional SATA coins before the expiration of this deadline. If a Participant objects to the change or addition, their participation can be terminated by means of an ordinary termination according to clause 3.1.
4.4 Tax implications
It is the responsibility of every Participant to deal with any tax implications of receiving the rewards.
4.5 Final provisions
If individual provisions of these Terms become entirely or partly legally invalid or impracticable, or later lose their legal validity or practicability, the validity of the remaining provisions shall be unaffected thereby.