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

General terms and conditions for participation in the SATA Loyalty Program coins & more for companies whose place of business lies within the EU (excluding the United Kingdom) for which the programme is activated.

Valid from June, 2023.

The SATA Loyalty Program coins & more is a customer retention programme. The operator and issuer of the SATA Loyalty Program coins & more is SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany (“SATA”). The programme is targeted exclusively at companies and persons who purchase the reward-eligible products for their own use or consumption and who receive the reward points in connection with the original packaging of the product.

Each product which accrues reward points contains corresponding notices on and inside the packaging. The groups of goods that are capable of obtaining a credit as well as the number of granted SATA coins (points) are each published in the SATA Loyalty App. You can find a list of products that are eligible for rewards provided they have a Loyalty QR code the following link: www.sata.com/coins-and-more-products. Please note that especially when the programme is expanded to include reward-eligible products, it may still happen that products are not yet marked with a Loyalty QR code, i.e. do not have a SATA coin value.

With the SATA Loyalty Program coins & more, the buyer can collect points contained in the product packaging as so-called "SATA coins" by scanning, and exchange these for rewards. The SATA coins are provided by SATA voluntarily and without any additional costs or legal claims in the form of QR codes in booklets or on the product packaging. SATA coins can be collected by scanning the Loyalty QR codes or by actively participating in the programme (registration, subscriptions, survey). Participation in the SATA Loyalty Program coins & more is free of charge.

In order to acquire and redeem SATA coins and for the general performance of the SATA Loyalty Program coins & more, 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, newsletter, online communication, info pages on SATA.com).

1. Participation

1.1. Eligible participants

The programme is aimed at buyers of the reward products and are eligible for rewards, i.e. companies that purchase the products for their own use and consumption. They can collect SATA coins by scanning the Loyalty QR codes. Only companies with their place of business within the EU (excluding the United Kingdom) for which the programme is activated 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 SATA coins, such employees are also entitled to participate in the SATA Loyalty Program coins & more, provided that they are aged over 18. The rewards will only be sent to the company 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 SATA Loyalty App that they are authorised by the company to participate will be excluded from participation. De-registration is possible via a corresponding page of the SATA Website – https://www.sata.com/coins-and-more-exclusion –. This is stated on the packaging of the products that are eligible for rewards.

SATA, SATA sales partners, dealers of SATA products, workshops or end consumers and their employees are excluded from participation. There is no legal claim for admission to the SATA Loyalty Program coins & more if this programme is not offered in a country or if there is a case of suspected abuse (cf. section 2.5.4). The judges’ decision is final.

1.2. Start of participation

Participation starts by registering in the SATA Loyalty App or on the SATA Loyalty Website at www.sata.com/coins-and-more-login. Both the download and the installation and use of this app are free of charge for 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 their agreement to these general terms and conditions of participation and the corresponding statement, which is necessary within the course of each Loyalty QR code scan –that he or she is entitled to scan the Loyalty QR codes of the products and to collect the SATA coins concerned either as a– purchaser or an employee authorised by the purchaser. Any breaches will lead to the immediate forfeiture of the SATA coins in question and will lead to exclusion of the participant concerned from the SATA Loyalty Program coins & more. In individual cases, SATA reserves the right to request proof of entitlement to scan and collect SATA coins from participants.

1.3. Participant accounts

The registration in the SATA Loyalty App must be completed in full in order to activate the SATA coin scan function. Accounts with missing or incomplete data cannot be used to collect SATA coins. In this case, SATA reserves the right to issue an ordinary termination (see 3.1 Ordinary termination). A company name, a company address and a company e-mail address are required.
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 is obligated to immediately notify SATA of changes to the provided data by managing this in the SATA Loyalty App. Until this has been completed, SATA reserves the right to block further scanning of products.

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 e-mail address: loyalty@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. SATA coins

2.1. General

The basis on which the SATA Loyalty Program coins & more
is calculated is reward points, so-called “SATA coins” that are added to the SATA coin account of the participant. The SATA coins can only be used for the purposes which apply at the time of the reward redemption and which are expressly listed in these general terms and conditions of participation, additional programme documents or the SATA Loyalty Program communications media. SATA reserves the right to alter the necessary number of SATA coins in order to acquire a reward after the expiration of the indicated validity period.

2.2. Transferability of SATA coins and trading with SATA coins

Assigning reward coins to third parties and other participants of the SATA Loyalty Program coins & more is prohibited. The sale, exchange, offering for auction or other passing on of SATA coins to third parties is prohibited. In addition, brokering the purchase or sale of SATA coins and the purchasing of SATA coins of participants or third parties as well as the unauthorised use of SATA coins is prohibited. The consolidation of the balance of various participant accounts is excluded.

2.3. Account balance

The current balance SATA coin account is displayed in the SATA Loyalty App and on the SATA Loyalty Website at www.sata.com/coins-and-more-login and can be viewed when a data connection is available.

In addition, a participant who actively uses the SATA Loyalty Program coins & more receives regular information concerning the current account balance, provided that the participant has expressly registered for the "SATA Loyalty Program online communication” (SATA Loyalty News).

2.4. Acquiring SATA coins 2.4.1. General regulations concerning the acquisition of SATA coins

It is possible to purchase SATA coins from the time participation starts. The SATA coins are exclusively
provided by SATA in the form of Loyalty QR codes within or on certain product packaging and can then, after opening the packaging or opening the applied booklet (RPS multi-purpose cup), be read with the QR code scanner integrated in the SATA Loyalty App for mobile devices. This is how the SATA coins are credited to the registered participant. SATA coins can only be acquired once per item. Within the course of each individual Loyalty QR code scan, a statement by the participant must be provided that he or she is also entitled to scan and collect the SATA 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. SATA coins can only be obtained in this way.

In certain circumstances, scanned Loyalty QR codes/SATA coins may not be credited to the participant's account, such as in the following cases: For promotional goods with a reduced price or for products purchased after the end of the SATA Loyalty Program coins & more or for Loyalty QR codes whose validity has expired.

SATA reserves the right to deactivate Loyalty QR codes in certain cases (e.g. counterfeits or products with an already reduced price). Crediting of SATA coins for non-reward products or irrespective of scanning the Loyalty QR codes included in the packaging is excluded.

The maximum number of SATA coins that a participant can collect in their SATA coin account corresponds to the number of coins necessary to redeem the reward with the highest SATA coin value, though subject to a maximum of 25,000 coins. Beyond this limit, the corresponding values must be redeemed in accordance with clause 2.5 of these general terms and conditions of participation prior to the purchase of additional SATA coins.

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

SATA reserves the right to set so-called "booster factors” (e.g. doubling the coin value) for the recording of SATA coins during certain limited periods or to set certain rewards or parts thereof or to raise these again. Booster factors will be multiplied by the usual value of the SATA coins and increase the SATA coins to be credited in the corresponding period. The booster factors can be limited to a certain number of scanned SATA coins.
In case of revocation of the purchase of the product for which SATA 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 SATA coins crediting concerned.

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

2.4.2. Exclusion of SATA coin credit

SATA coin credit is excluded for any form of free delivery. SATA coin credit is also excluded for unlawfully acquired SATA coins.

2.5. Redemption of SATA coins 2.5.1. General regulations concerning the acquisition of SATA coins

Any participant can redeem their SATA coins for the rewards offered for the SATA Loyalty Program coins & more by SATA, provided that their SATA coin account balance shows a credit that corresponds to at least one reward value.

The requirement for this is the availability of the rewards with at least the necessary number of SATA coins for the respective reward. The necessary SATA coins for individual rewards are each updated in the app.

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

2.5.2. Redeeming rewards

Rewards are redeemed via the SATA Loyalty App. The rewards will only be sent to the company address specified in the SATA Loyalty App. The sending of rewards 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 rewards already redeemed cannot be exchanged back into SATA coins or exchanged for other rewards than the ones selected.
The rewards cannot be returned or exchanged, except in case of claims connected to defects and in cases mandated by law. Unless stated otherwise, all specifications regarding performance, dimensions, weights, sizes and colours and representations of the rewards are of a descriptive nature only and do not constitute warranted characteristics or quality features. 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 rewards.

2.5.3. Availability and special conditions for rewards

For the duration of the validity of the SATA Loyalty Program coins & more, SATA is obliged, in relation to the participant, to deliver the selected reward in return for redemption of the SATA coins collected in accordance with the currently applicable general terms and conditions of participation.
The pricing of scannable and reward-relevant products is independent of the SATA Loyalty Program coins & more; accordingly, this or any participation in it does not affect the product prices.

The availability of the rewards can vary according to date, season and target location. Individual rewards may not be available at certain times. SATA reserves the right to withdraw rewards from the programme at short notice due to lack of availability.
SATA reserves the right to deliver a comparable replacement reward.

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 SATA coins) or Number 2.2 (assignability of SATA coins and trading SATA coins) or commits acts in another way which leads to the unauthorised obtaining of benefits in connection with the SATA Loyalty Program coins & more. In particular, this also includes the misuse or manipulation of the SATA Loyalty App and its functions.

2.5.5. Consequences of misuse

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

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.

If a participant has received an award using misappropriated SATA coins (cf. Sections 2.4.1, 2.5.4 and 2.2) for which he/she is responsible, SATA reserves the following rights: The reward will be reclaimed or the SATA coin account debited with a corresponding number of regularly purchased SATA coins; if the SATA coin account balance does not show a sufficient number of regularly received SATA coins for the reward to be received, SATA may claim compensation in addition to or instead of the amount. In all cases, the participant retains the right to prove that no damage or less damage has been incurred.

2.6. Expiration of SATA coins

Acquired SATA coins will be issued for rewards in the order they are recorded.
Should SATA coins not be redeemed for a reward within 36 months from the time they are recorded in the SATA coin account of the SATA Loyalty App, these will expire after 36 months to the end of the respective calendar year.

Should SATA coins (Loyalty QR code) not be scanned within three years or 5 years of the manufacture of the product with a reward entitlement, these will be forfeited. You can find an overview of the validity of Loyalty QR codes at the following link: www.sata.com/coins-and-more-products..
Upon termination of the SATA Loyalty Program coins & more in principle, all SATA coins lose their value as of December 31 of the following year (see clause 3.6).

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

3.1 Ordinary termination

Participants can end participation in the SATA Loyalty Program coins & more at any time without compliance with a period of notice by means of notification to SATA via the following email address, loyalty@sata.com, stating the necessary data in this respect (name, company, e-mail address from which the registration was made) or by de-registering in the SATA Loyalty App or on SATA Loyalty Website www.sata.com/coins-and-more-login in the account profile using the valid password. In doing so, the participant chooses between two options:

a.) Immediate deletion of all personal data. Reactivation of the account and allocation of the last account balance is then no longer possible.

b.) Deactivation of the account for a maximum of 3 years by sending an e-mail by the participant to loyalty@sata.com.

Reactivation of the account and allocation of the last account balance is still possible for three years. However, SATA coins may expire during this period (see 2.6 Expiration of SATA coins). In order to reactivate an account, the participant can send a message to SATA at loyalty@sata.com stating the data required for this purpose (name, company, company address and company e-mail address via which the registration was made). After the three-year deactivation period has expired, the personal data will be deleted irreversibly and it will no longer be possible to allocate the last account balance.

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. In this case, the account will be deactivated. The participant retains the option to exchange their existing account balance for rewards for a maximum of 6 months. This request must be made in writing by e-mail to loyalty@sata.com. However, SATA coins may expire during this period (see 2.6 Expiration of SATA coins). After the six-month period, the personal data and the remaining SATA coins are deleted irreversibly.

3.2 Exclusion from participation

Companies can be generally excluded from participation in the SATA Loyalty Program coins & more by SATA in accordance with Section 1.1.
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 SATA Loyalty App that they are authorised by the company to participate will be excluded from participation. De-registration is possible via a corresponding page of the SATA Website – https://www.sata.com/coins-and-more-exclusion –. This is stated on the packaging of the products that are eligible for rewards.

Participants who have already registered who have stated in the SATA 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.

Upon request to SATA, a company may be re-authorised to participate in the SATA Loyalty Program coins & more. For this purpose, the enquiring company must send an original invoice (not more than 1 month old) and any additional verification documents to loyalty@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 the event of misuse or attempted misuse (cf. Section 2.5.4) as well as in the event of material misstatements, other manipulations, harassing or damaging behaviour towards SATA, its employees or vicarious agents.

3.4 Blocking and exclusion from participation in the programme in the event of an extraordinary termination

In the cases stated in Number 3.3, 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 an extraordinary termination has been declared by SATA, it is not permitted to participate in the SATA Loyalty Program coins & more 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 SATA coins in case of termination 3.5.1 In case of regular termination

In case of an effective termination by the participant, all SATA coins in the SATA coin account expire either a.) immediately after deletion of all personal data or b.) after 3 years if a termination with deactivation period is selected (see 3.1 Ordinary termination).
In case of an effective ordinary termination by SATA, the SATA coins expire after 6 months (see 3.1 Ordinary termination).

3.5.22 Extraordinary termination

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

3.6 Termination of the programme

SATA reserves the right to unilaterally declare the SATA Loyalty Program coins & more as a whole terminated by giving reasonable notice by sending an e-mail to the registered participants. After the expiration of this deadline, no further SATA coins can be recorded. As of December 31 of the following year, all SATA coin balances which were not used for rewards 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 that 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 coins & more will be used by SATA for the purpose of carrying out the programme 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. Participants with a company address within the EU(except for the United Kingdom) for which the programme has been activated have been informed and accept that the personal data gathered in the course of participation in the SATA Loyalty Program coins & more will be transferred to Germany or other European countries, where it will be processed in accordance with locally applicable data protection regulations. More detailed information concerning the SATA Loyalty Program coins & more and the handling of personal data of participants in connection with the programme can be found at www.sata.com/privacy-policy.

4.3 Changes to the programme or conditions of participation

SATA reserves the right to carry out changes or additions to the general terms and conditions of participation, the rewards, the necessary number of SATA coins for each reward or other processes for the SATA Loyalty Program coins & more described in the programme documents at any time, provided that the participant will not be impaired by such and provided that SATA is acting in good faith. Claims for damages by participants due to country-specific changes in the law that make it considerably more difficult to continue the SATA Loyalty Program coins & more are excluded.
Changes to the procedures for the SATA Loyalty Program coins & more described in the programme documents will be announced in the SATA Loyalty App or the SATA Loyalty Program communications media with a reasonable period of notice.

Changes or additions to these general terms and conditions of participation will be notified in text form via e-mail to the e-mail address stored in the SATA Loyalty App. The changes or additions to the general 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 loyalty@sata.com or should further SATA coins be scanned following the expiration of this deadline. Should a participant object to the change or addition, his or her participation can be ended by means of regular termination in accordance with Section 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.