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

General Terms and Conditions of Participation in the SATA Loyalty Program coins & more for companies whose place of business lies within Australia, New Zealand or Canada and by customers who are residents of one of the countries mentioned for which the programme is activated.
These General Terms and Conditions of Participation apply to your access and participation in the SATA Loyalty Program coins & more. These General Terms and Conditions of Participation do not alter in any way the terms and conditions of any other agreement you may have with SATA regarding products, services or others.

Valid from 1. December 2024.

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 SATA coins (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 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 - at the following link: https://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 in other ways (e. g. registration, subscriptions, survey, raffles). There are no fees associated with participation in the programme other than the costs associated with purchasing eligible products or services.
These General Terms and Conditions of Participation are a legal agreement between participants in the customer retention programme and SATA together with its affiliates and partners (hereinafter collectively referred to as SATA) in relation to the programme. By participating in the programme, a participant declares to agree to comply with and be legally bound by these General Terms and Conditions of Participation and you further agree to the SATA Privacy Policy available at https://www.sata.com/privacy-policy that is incorporated herein by reference. If a participant does not accept and agree to be bound by these General Terms and Conditions of Participation, he must not participate in the programme.
Participants agree that it is solely their responsibility to ensure that their access to and participation in the programme complies with the laws of their jurisdiction.
In order to acquire and redeem SATA coins and for the general performance of the programme, the following General Terms and Conditions of Participation apply. Participation in temporary campaigns may be subject to additional terms and conditions. Participants will be notified of such campaigns and terms separately in the SATA Loyalty Program communications media (for example SATA Loyalty App, SATA newsletter, online communication, info pages on https://www.sata.com).

1. Participation

1.1. Eligible participants
The programme is aimed at buyers of the listet 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 countries mentioned above 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 over the age of 21 years and fully competent to enter into these General Terms and Conditions of Participation and comply with its provisions. By enrolling in the programme, they represent and warrant that they are eligible to participate in the programme.
(see also section 3.2)

1.1.1. Excluded participants
The following categories of persons are excluded from participation in the SATA Loyalty Program coins & more:
• SATA, SATA sales partners, dealers of SATA products, and their employees,
• a company or person whose principal place of business is located in a country where this programme is not offered, being a country that is not specified within the Overview section of these General Terms and Conditions of Participation; or
• if there is a case of suspected abuse in accordance with 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 https://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.
At the point of registration, participants will be required to tick a box confirming whether they consent to being bound by these General Terms and Conditions of Participation. If such consent is not obtained, the relevant individual will not be able to participate in the SATA Loyalty Program coins & more.
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.
A participant must not scan a Loyalty QR code and attempt to claim the corresponding SATA coins associated with that Loyalty QR code if that participant is not authorised (as a purchaser or authorised employee of the purchaser of the product to which the Loyalty QR code corresponds) to make such a claim in respect of that product.
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.
SATA reserves the right to request proof of authorization to scan and collect SATA coins from participants in individual cases. This may be:
• Proof of purchase of the respective authorized product including the company name and address
• Confirmation of the scanning authorization of the owner of the company/buyer of the scannable SATA products, including the signature of the person concerned.

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 section 3.1). 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 section 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 not incur liability for losses caused due to the participant’s failure to change the password.

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. Where permitted by applicable law, 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 prohibited.

2.3. Account balance
The current balance SATA coin account is displayed in the SATA Loyalty App and on the SATA Loyalty Website at https://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 non-promotional information concerning the current account balance. An explicit declaration of consent by the user is not necessary for this.

2.4. Acquiring SATA coins

2.4.1. General regulations concerning the acquisition of SATA coins
It is possible to obtain 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. Once SATA coins have been credited to the registered participant, the used Loyalty QR code will be invalid.
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 section 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
• products purchased after the end of the SATA Loyalty Program coins & more or
• 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 will not be credited for invalid or deactivated Loyalty QR codes or non-reward products, or irrespective of scanning the any physical 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 SATA coins necessary to redeem the reward with the highest SATA coin value, subject to a maximum of 25,000 SATA 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 awarding 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. 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.

2.5. Redemption of SATA coins

2.5.1. General regulations concerning the acquisition of SATA coins
Any eligible participant can redeem their SATA coins for the rewards offered for the programme by SATA, provided that their SATA coin account balance shows a credit that corresponds to the SATA coin value of at least one available reward.
The necessary SATA coins for individual rewards are updated in the app .
Rewards consist of either material rewards (in the form of goods or services) or corresponding credits (shopping vouchers) for such goods or services. 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 (and associated SATA coins) cannot be returned or exchanged, except in case of claims connected to defects and in cases mandated by law.
Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law. Deviations which take place due to legal regulations are permitted, provided that the reward provided is of equivalent functionality.

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.
Where a reward that has been redeemed by a participant but is unavailable or out of stock, participants may choose another reward of equal value or request that the corresponding SATA coins be returned.

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 engages in conduct that can be deemed to:
• infringe the regulations in section 2.4.1;
• infringe the regulations in section 2.2;
• be acting in such a way which leads to the unauthorised obtaining of benefits in connection with the SATA Loyalty Program coins & more (including the use of multiple accounts, in breach of the account limit requirements under the regulations in section 1.2); or
• misuse or manipulate 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 section 3, as well as the right to bring further claims against the participant, including damages claims, remains unaffected.
Participant’s account will be deactivated

2.6. Expiration of SATA coins
If a Loyalty QR code is not scanned within its validity period (3 or 5 years, depending on the product) following manufacture of the product with a coin entitlement, the Loyalty QR code will not be valid and any corresponding SATA coins will be forfeited. Participants can find an overview of the validity periods for Loyalty QR codes at the following link: https://www.sata.com/coins-and-more-products.
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 a participant’s SATA coin account of the SATA Loyalty App, those SATA coins will expire.
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 section 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 https://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). 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). After the six-month period, the personal data and the remaining SATA coins are deleted irreversibly.

3.2 Exclusion of a company 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 for cause with immediate effect to individual participants at any time.
Under these General Terms and Conditions of Participation, SATA declare extraordinary termination without notice in the event of:
• a culpable and serious breach of these General Terms and Conditions of Participation by a participant;
• a participant’s misuse or attempted misuse in accordance with section 2.5.4; or
• conduct by a participant that results in material misstatements, other manipulations, harassing or damaging behaviour towards SATA, its employees or vicarious agents.
To the extent permitted by law, extraordinary termination by SATA shall take effect immediately after written notification by e-mail to the email address stated in the SATA Loyalty App and any SATA coin credit shall expire at that time.

3.4 Blocking and exclusion from participation in the programme in the event of an extraordinary termination
In the cases stated in section 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 a cause for extraordinary termination in accordance with clause 3.3 during the period of time necessary for a reasonable investigation into the matter.
Once an extraordinary termination has been declared by SATA, the relevant participant 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 section 3.1).
In case of an effective ordinary termination by SATA, the SATA coins expire after 6 months (see section 3.1).

3.5.2 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 (between the 90th and 60th day prior to termination) 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
Without limiting any rights or remedies that may be available to a participant under applicable laws and regulations, 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; and
• Any further liability to pay damages shall be excluded, except for claims under the – German Product Liability Act (Produkthaftungsgesetz) or in Australia, in relation to any claims that may arise in respect of any applicable law or regulation (including the Competition and Consumer Act 2010 (Cth)).
For the avoidance of doubt, 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 to the greatest extent permitted under applicable law.

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 countries listed above 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 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 https://www.sata.com/privacy-policy.

4.3 Changes to the programme or conditions of participation
SATA reserves the right to carry out unilateral changes or additions to the General Terms and Conditions of Participation (all the provisions are subject to such amendments, including the rewards, the necessary number of SATA coins for each reward or other processes for the programme described in the programme documents, reward requirements and redemption procedures, eligibility for the programme, the manner of collection of SATA coins, termination rights, reward delivery and any other matters related to the SATA coins).
SATA will send to the consumer, between the 90th and the 60th day preceding the coming into force of the amendment, a written notice by email drawn up clearly and legibly, setting out a clear link to the summary of all changed terms, the date of the coming into force of the amendment and the rights of the consumer to refuse the amendment and rescind its participation to the Program without cost, penalty or cancellation indemnity by sending SATA a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the consumer’s obligations or a reduction in SATA’s obligations. SATA cannot unilaterally modify to the detriment of the consumer the following elements:
(a) the number of exchange units received by the consumer;
(b) any conversion factor applicable to the SATA coins into another form of exchange unit, as applicable; or
(c) increase the SATA points required to obtain goods or a service in a disproportionate manner with respect to the increase of the retail value of the goods or service.
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.
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 30 days 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 rewards and or SATA coins in accordance with the SATA Loyalty Program.

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.
The General Terms and Conditions of Participation are not assignable, transferable, or to be sublicensed by participants except with SATA’s prior written consent.  SATA may assign, transfer, or delegate any of it rights and obligations hereunder without participant consent.