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    WEBCENTIVES® LOYALTY PROGRAMME TERMS AND CONDITIONS FOR PARTICIPANTS

    The following Terms and Conditions for Participants apply to participation in the Citizen Consul Club Loyalty Programme (hereinafter: “Loyalty Programme”) and any orders made in the context of the Loyalty Programme.
     

    1. The Loyalty Programme is based on a points system, in which points are awarded by the provider of the Loyalty Programme. The awarded points will be updated periodically on the bonus point account and displayed on the Internet Website (www.consul-club.com), and will entitle the Participant to choose from the goods that are offered on this Internet Website. 
    2. Every Participant of the Loyalty Programme must agree to the applicability of these Terms and Conditions for Participants. These Terms and Conditions for Participants shall exclusively apply to the Loyalty Programme and any orders by the Participants made in the context of the Loyalty Programme. The applicability of any other General Terms and Conditions or a referral thereto shall not be accepted by Sparco. Citizen's Terms and Conditions apply to the Programme as well.
    3. The points balance of the Participants is a virtual balance which can exclusively be used to purchase products on the dedicated Internet Website for the Loyalty Programme.
    4. The purchase price of the Product shall be determined on the basis of the purchase price as it applies at the time the Participant places an order via the Internet Website. A fixed minimum or maximum number of points to be spent may apply to an order or an ordered product.
    5. The selling on of savings points or the use of these points, in any way whatsoever, for commercial purposes or other purposes than those for which they were issued, is not allowed. Sparco and/or the provider of the Loyalty Programme reserve the right not to award points or to deduct points where applicable.   
    6. Participants may not make use of any cashback actions or other promotions or other actions from suppliers of the products offered in the Loyalty Programme.
    7. Sparco, the provider of the Loyalty Programme and/or the participating companies shall, at all times, be entitled to refuse and to withdraw points that are offered to them, in case they suspect fraud, deceit, incomplete or incorrect information, abuse of the action or if such would - at their discretion - cause damage to Sparco, the provider of the Loyalty Programme and/or the participating companies. Sparco shall be entitled to report such cases to the police. 
    8. In case of any circumstances beyond the control of Sparco, Sparco shall be entitled to suspend or terminate the relation within this Loyalty Programme, but not the Loyalty Program itself as Citizen owns it.. 
    9. Sparco shall not be liable for any taxation levied on the Participant ensuing from participation in the Loyalty Programme. 
    10. In consultation with the provider of the Loyalty Programme, Sparco is entitled to unilaterally alter the Terms and Conditions for Participants of the Loyalty Programme, and of the goods to be acquired and the manner in which the points are calculated, due to reasons of deliverability and/or pricing. 
    11. Sparco shall not be liable for inaccuracies and typesetting errors on the Internet Website of the Loyalty Programme. If any disputes arise in the execution of the Loyalty Programme, Sparco's management board is exclusively competent to decide on the dispute. 
    12. Employees of Sparco shall be excluded from participation in the Loyalty Programme. 
    13. The Participant shall be entitled to exchange points for goods which are offered in the context of the Loyalty Programme during the term of the Loyalty Programme. To this end, the Participant must use the on-line order facilities on the Internet Website of the Loyalty Programme. The Participant is aware of the fact, and accepts, that the Loyalty Programme shall at any rate end at the time the Agreement between Citizen Systems Europe GmbH and Sparco ends. Upon termination of the Loyalty Programme, the Participant shall be entitled to spend their points on Products for a maximum of 1 month after this termination. After the lapse of this period, the points shall expire without the Participant having any claim against Sparco.
    14. Sparco will make an effort to deliver the goods within 2 weeks following the date of the order made on the Internet Website. The indicated delivery term is only for information purposes and does not constitute a final deadline. Applicability of Section 46f of Book 7 of the Dutch Civil Code is explicitly excluded.
    15. Immediately after delivery, the goods ordered will be for the account and risk of the Participant and the latter will carry the risk for any damage caused to or occurring due to these goods. Without prejudice to this risk, the title of the goods will explicitly only be transferred to the Participant when all that is due to Sparco by the Participant in respect of the delivery, including interest and costs has been paid. This retention of title can be exercised by Sparco on all goods.
    16. Defects of the goods delivered must be reported within seven days after the discovery thereof by means of a registered letter to Sparco, stating the name of the Sparco Loyalty Programme.  Goods delivered may only be returned with permission by Sparco. This permission shall only be granted in case of manufacturing defects and/or delivery errors. In that case, the goods concerned must be returned in the original packaging and with the original packing slip. 
    17. After identifying any defect, the Participant is obliged to immediately discontinue the use of the relevant goods and, furthermore, to do or omit anything within reason to prevent additional damage.
    18. Sparco does not offer any guarantee or additional guarantee with regard to the quality and/or availability of the goods offered in the context of the Loyalty Programme, such without prejudice to the legal guarantee provided by the supplier of these goods. 
    19. The Participant itself must arrange the submission of forms - if any - with regard to guarantee schemes. At any rate, the Participant can never have a claim against Sparco exceeding that which ensues from the guarantees offered by the supplier of the goods. The packing slip provided by Sparco is part of the guarantee certificate.
    20. If Sparco is unable to comply with its obligations in respect of the Participant due to a non-attributable breach (force majeure), compliance with the obligations shall be suspended for the period of the force majeure situation. Sparco shall inform the Participant as soon as possible of the force majeure situation or imminent force majeure situation. The Participant shall not be entitled to compensation of damages in case of force majeure.
    21. Sparco shall never be liable for consequential damage or loss of profits. Sparco's liability (including an obligation - if any - to undo the performance already delivered) shall in any case be limited to the sum of the invoiced value of the product ordered by the Participant. 
    22. The Participant guarantees that the details it has provided are correct and complete.
    23. Any details obtained by Sparco in the context of the Loyalty Programme will be processed according to the privacy acts and regulations in force at that time. For completeness' sake we refer to the privacy statement, which is available on Sparco's Internet Website and which forms part of these Terms and Conditions for Participants. 
    24. By participation in the Loyalty Programme, the Participant automatically agrees to these Terms and Conditions for Participants. 
    25. Any disputes related to an Agreement, to which these Terms and Conditions for Participants apply, shall only be adjudicated by the competent court in Amsterdam, or, at the sole discretion of Sparco, by the court in the place of residence of the Participant.
    26. The Parties explicitly declare Dutch law to apply to this Agreement. In the event, that the Terms and Conditions of Sparco and the terms and conditions of Citizen contradict partially or in total, the respective Terms and Conditions of Citizen shall prevail.

     

    General Terms and Conditions of Participation - Citizen Consul Club

    (As per June 2018)

    Preamble

    The Citizen Consul Club (hereinafter referred to as “CCC”) bonus programme (hereinafter referred to as “CCC bonus programme”), which has been set up for dealers of Citizen printers as defined by paragraph 1.1 of these Terms and Conditions of Participation, is operated by Citizen Systems Europe GmbH (hereinafter referred to as "Citizen"). For the performance of the CCC bonus programme Citizen makes use of the external service provider Sparco International B.V. with its business place in Oostergracht 8, 3763 LZ Soest, The Netherlands (hereinafter referred to as “Sparco”).Under the CCC bonus programme, eligible dealers may collect CCC bonus points and receive attractive bonuses or special conditions from Citizen.

    CCC bonus points collected by dealers for purchases of Citizen printers from authorised Citizen distributors are credited to CCC bonus point accounts which are managed via an online portal set up and operated by Citizen.
     

    Privacy Policy - Citizen Systems Europe GmbH


    The Citizen Consul Club bonus programme represents a voluntary service by Citizen.

    Participation

    1.1 Eligibility

    Businesspeople and companies who sell Citizen printers to end customers on a commercial basis and do not sell such printers via online distribution (hereinafter referred to as "Resellers") are eligible to participate in the club. The participating Resellers must be based in one of the countries listed in the "CCC Member Countries" Appendix. Resellers acting as private persons or in a capacity that cannot be attributed to their commercial or freelance activities are not eligible. The place of business as defined by the CCC is the place in which the participant’s head office is located. Upon request, evidence of this location shall be provided to Citizen.

    1.2 Registration

    Resellers may register on the online portal set up by Citizen at www.consul-club.com (hereinafter referred to as "CCC Portal") and apply for participation in the CCC. After registration, Resellers will receive a letter from Citizen confirming that their personal CCC point account has been set up. In the same letter, Resellers will receive their personal CCC participant number and a PIN number for their participation in the CCC. Once Resellers have received notification that their personal CCC point account has been set up, they are entitled to participate in the CCC.

    A general right to participation in the CCC does not exist. Citizen may refuse admission without stating any reasons.

    1.3 Authorised Citizen distributors

    In their application for participation, Resellers shall specify an authorised Citizen distributor from who they purchase the goods for which they intend to receive bonus point credits. The list of authorised Citizen distributors plus respective contact details can be accessed at www.consul-club.com upon registration.

    The Resellers’ CCC point accounts will be attributed to their specified distributors. CCC points cannot be credited to the Resellers’ CCC point accounts unless the purchased goods can be attributed to specified Citizen distributors.

    Resellers may apply for CCC accounts with several authorised Citizen distributors in order to receive bonus point credits if they obtain goods from various Citizen distributors. In this case, a separate CCC point account shall be managed for each distributor, whereby the addition or otherwise transferal of points to different accounts is prohibited. Accordingly, bonuses may only be granted separately for each CCC bonus point account on the basis of the CCC bonus points collected on the specific account.

    1.4 Participant number and personal identification number (PIN)

    In accordance with the detailed description under paragraph 1.2, Resellers shall receive a personal participant number and a PIN number after registration. This log-in data shall serve Resellers to manage their personal CCC point accounts (e.g. checking current CCC point account balances or requesting bonuses). Resellers shall ensure that no unauthorised third parties gain knowledge of their participant number and PIN number.

    Where any misuse of the participant number and/or the PIN number is suspected, Resellers shall inform Citizen without delay. Citizen’s liability for any damage arising as a consequence of the Resellers’ failure to notify, or delay in notifying, Citizen until the receipt of such notification shall be limited by the liability provisions set out in paragraph 7.

    2. CCC point account

    2.1 General information

    CCC bonus points shall be credited to the Resellers' CCC bonus point accounts for purchases of Citizen printers via the specified authorised Citizen distributor (cp. paragraph 1.3 of these Terms and Conditions of Participation). The distributor as identified within the registration procedure will inform Citizen about any of the product purchases relevant for the CCC bonus points to be credited. The CCC bonus points may not be used for purposes other than those set out in the Terms and Conditions of Participation or other information provided by Citizen in respect of the CCC (e.g. the CCC Bonus Point Catalogue).

    The Resellers' collected CCC bonus points and their CCC bonus point accounts may not be transferred to third parties. Neither may they be converted into cash unless a respective provision is included in these Terms and Conditions of Participation or in the CCC Bonus Point Catalogue.

    2.2 Account balance

    Resellers may check the current balance of their CCC accounts via the CCC Portal (www.consul-club.com) by entering their CCC participant number and their PIN number. Any complaints or requests for corrections regarding account balances shall be submitted within two weeks after Citizen has first reported the CCC point account balance. Any complaints made at a later date shall not be considered and the balance of the CCC bonus point account shall be deemed approved or accepted by Resellers upon expiry of the two-week period.

    3. Acquisition of CCC bonus points

    3.1 General information

    CCC bonus points may be acquired once registration is completed. Any CCC bonus points acquired for purchases from the authorised Citizen distributor specified at registration that were effected between the Resellers' registration and Citizen's confirmation shall be credited retroactively once the respective CCC bonus point account has been set up.

    The number of credited CCC bonus points is based on the CCC Bonus Point Catalogue applicable to Resellers at the time of the purchase.

    3.2 Purchase of Citizen products

    Subject to the provisions under this paragraph 3, respective CCC bonus points shall be credited to the Resellers’ CCC bonus point accounts for each purchase of a Citizen product listed in the CCC Bonus Point Catalogue.

    The amount of the respective CCC bonus point credit is determined by the CCC Bonus Point Catalogue valid at the time of purchase.

    3.3 Further acquisition of CCC bonus points

    Citizen will notify Resellers of any other opportunities to acquire CCC bonus points and of the associated conditions (e.g. special promotional campaigns).

    3.4 Crediting process

    Once Citizen has been notified of Resellers’ purchases from the responsible authorised Citizen distributors that entitle them to bonus points, the respective bonus points shall be credited to the Resellers' CCC bonus point accounts. The bonus points shall be credited within one month and no later than three months after the responsible authorised Citizen distributors have received payment for the goods from the Resellers. The awarded points will be updated periodically as mentioned before and displayed in the Reseller’s CCC bonus point accounts , and will entitle the Reseller to choose from the goods that are offered on the website www.consil-club.com.

    Resellers are aware of the fact that CCC bonus points may not be credited if purchases of the relevant Citizen products are affected via distributors other than the authorised Citizen distributor or if Resellers purchase relevant goods from authorised Citizen distributors without having specified such distributors for a CCC point account.

    3.5 Returns

    Should the purchase of Citizen products that entitles a Reseller to a CCC bonus point credit not be effected at the agreed purchase price or be rescinded (e.g. through cancellation, withdrawal, etc.), Citizen reserves the right to refrain from crediting the initial CCC bonus points to the Reseller‘s CCC bonus point account or to cancel the points without replacement if they have already been credited.

    4. Redemption of CCC bonus points

    4.1 General information

    All Resellers may cash in their CCC bonus points for bonuses according to their CCC status as specified in paragraph 4.2 or benefit from the special conditions stated therein. At present, bonuses are granted in the form of gifts or cash credit (CCC cash back).

    4.2 Resellers’ CCC status

    Upon registration with the CCC, Resellers acquire the Reseller + status. Depending on the number of CCC bonus points credited to their CCC bonus point accounts per calendar year, Resellers may acquire the status of Reseller ++ or Reseller +++.

    Upon reaching a higher status, Resellers are granted additional benefits or bonuses. The detailed conditions that have to be met to acquire the various Reseller status levels and the associated benefits or bonuses are set out in the CCC Bonus Points Catalogue.

    4.3 Redemption of bonuses

    CCC bonuses may be applied for via the CCC Portal by entering the CCC participant number and the PIN number. Citizen shall provide Resellers with written confirmation of their applications within 10 days of receipt via the CCC Portal and notify the participants of the period during which the bonus will be granted.

    Citizen shall inform the Resellers of any other options of applying for bonuses if applicable.

    Granted bonuses may not be combined with other Citizen products or services provided at reduced prices.

    The entitlement to redeem bonuses may not be transferred to third parties.

    4.4 Compliance

    Any bonuses will be granted to Resellers exclusively for the successful business cooperation with the Citizen-Distributor and the respective bonus points acquired thereby. The requirement to scrutinize whether the receipt of bonuses stands in compliance with any internal rules of the company of the Reseller, especially any codes of conduct, is exclusively the obligation of the Reseller and the persons acting in its name and on its behalf.

    4.5 Unauthorised use

    The transfer of CCC bonus points by selling, exchanging or transferring points to third parties in any other manner is prohibited. The same applies to correctly requested bonuses before their receipt by the participants. Neither may Resellers aid and abet third parties in the above activities.

    In the case of Resellers’ misuse of the CCC, Citizen reserves the right to refrain from granting a bonus or crediting or cashing in CCC bonus points.

    Citizen’s right to assert further claims against Resellers, including claims for damages, shall remain unaffected. Should bonuses or special conditions be granted on the basis of dishonestly acquired CCC bonus points, Citizen reserves the right to claim respective damages from Resellers. The amount of the damages per bonus point is set out in the currently for the participant applicable CCC Bonus Point Catalogue. Resellers retain the right to prove that no or minor damage has arisen.

    5. Expiry of CCC bonus points

    CCC bonus points remain valid through 31 December of the year subsequent to the year in which these have been credited to the CCC bonus point account. Should Resellers fail to cash in CCC bonus points for a bonus or for special conditions within this period, the CCC bonus points shall expire with the expiry of aforementioned 31 December. The date on which Citizen has credited the CCC bonus points to the CCC bonus point account is displayed in the Reseller’s CCC bonus point account.

    Upon expiry of the CCC bonus points the Resellers are no longer entitled to spend their CCC bonus points for a bonus or special conditions.

    6. Modification, termination of contract and suspension of the CCC

    6.1 Modification of the CCC programme

    Citizen is entitled to modify and/or supplement the Terms and Conditions of Participation and the granting of bonuses provided that no unreasonable disadvantage arise to Resellers from such modification.

    Resellers shall be notified of any such modifications via the CCC Portal. Modifications or additions shall be deemed accepted by the Resellers if they fail to submit a written objection to Citizen within six weeks of the notification.

    6.2 Modification of the CCC programme

    Resellers may terminate their participation in the CCC at any time without notice. Such termination may be effected. A termination requires written form (Par. 126 German Civil Code) and shall be addressed to Citizen Systems Europe GmbH, Otto-Hirsch-Brücken 17, 70329 Stuttgart, Germany.

    A four-week notice period applies to any regular termination of Resellers’ CCC participation contracts by Citizen. The right to a termination for cause without notice shall remain unaffected. Cause is found to exist if Resellers are responsible for a serious breach of the CCC Terms and Conditions of Participation or any other provisions applying to the CCC. Further claims (especially claims for damages) shall remain unaffected by any termination.

    If cause is found to exist that entitles Citizen to terminate the contract for cause without notice, Citizen is entitled to suspend the CCC bonus point account forthwith. Once Citizen has pronounced a termination for cause, the respective Resellers are excluded from renewed participation in the CCC.

    6.3 Legal consequences of termination

    In the case of a regular termination of the CCC bonus programme by Resellers or by Citizen, the CCC bonus points shall remain valid for a period of one month after the termination is effected, unless an earlier expiry occurs pursuant to section 5, and may be cashed in. Should Resellers fail to cash in CCC bonus points within this period, the CCC bonus points shall expire with the expiry of the aforementioned month.  

    Should Citizen effect a termination for cause without notice, the CCC bonus points shall expire upon the Reseller’s receipt of the termination notice.

    Upon expiry of the CCC bonus points the Resellers are no longer entitled to spend their CCC bonus points for a bonus or special conditions.

    6.4 Suspension of the CCC

    Citizen is entitled to suspend the CCC programme at any time. In this case, Citizen shall terminate the Resellers’ participation contracts via regular termination.

    7. Liability

    Subject to any other special provisions in these Terms and Conditions of Participation, the following applies to any damage arising to Resellers in connection with their participation in the CCC that is caused by Citizen, by its legal representative or its vicarious agents:

    No limitations on liability apply in the case of intent or gross negligence and in the case of liability by warranty. Liability is also unlimited in the case of minor negligence resulting in injury to life, body or health. Where essential contractual obligations are breached owing to minor negligence, liability is limited to the associated material damage and property loss in the amount of the foreseeable damage that typically arises in such cases. Essential contractual obligations consist of those that must be met to permit the proper performance of the contract and on the fulfilment of which Resellers may generally rely. Any further liability for compensation has been excluded with the exception of claims under the Product Liability Act.

    8. Data protection

    Personal data associated with participation in the CCC shall exclusively be used and processed for purposes of implementing the programme in accordance with the respective provisions of the applicable statutory laws regarding data protection, especially the Federal German Data Protection Act and the Telemedia Act.

    Within the aforementioned scope the Resellers’ personal data will be transmitted to the authorised Citizen distributor as identified by the Reseller according to Sec. 1.3 of these terms and conditions.

    Further information regarding data protection is provided by the separate CCC data protection notice which is applicable in addition to the provisions of statutory law provisions with regard to the collection and use of personal data after respective consent is declared by the reseller, The CCC data protection notice is available on the CCC Portal and may also be requested by email from Citizen’s data protection officer at cccadmin@citizen-europe.com.

    The data protection notice also sets out the details pertaining to the Resellers’ declaration of consent.

    9. In the event, that these terms and conditions of Citizen and the terms and conditions of Sparco contradict partially or in total, the respective terms and conditions of Citizen shall prevail.

    10. General provisions

    10.1 Applicable law, place of jurisdiction

    The CCC and these Terms and Conditions of Participation are exclusively subject to German law. The place of jurisdiction for any dispute arising from and in connection with these CCC Terms and Conditions of Participation is Stuttgart.

    10.2 Severability clause

    Should individual clauses under these Terms and Conditions of Participation, or elements thereof, be invalid, the validity of the remaining provisions under these Terms and Conditions of Participation and of other provisions in connection with the CCC shall remain unaffected. In this case, the invalid provision shall be replaced with a legal provision that approximates the economic purpose or intent of the invalid provision as closely as possible.