Terms and Conditions Voltimum+ Programme
Chapter I - General provisions
§ 1 – About the programme
(1) These terms and conditions (“Terms and Conditions”) define the principles, scope and conditions of participation in the Voltimum+ Loyalty Programme (the 'Programme').
(2) The Coordinator of the Programme is Voltimum S.A., Switzerland with its registered office in Route de Peney 2, 1214 Vernier, Switzerland, hereinafter referred to as “Coordinator”.
(3) The Programme shall be carried out in the Territory and shall continue until its termination by the Coordinator.
(4) The aim of the Programme is to increase sales of Products covered by the Programme and to promote professional knowledge of the electrical market and the latest technologies among the professionals in the electrical industry.
§ 2 - Definitions The capitalised terms used in these Terms and Conditions shall have the meaning given below:
- Account - individual account of the Participant created by the Coordinator to enable the Participant to participate in the Program and to collect Points.
- Acceptance - confirmation by the Coordinator of Participant's participation in the Programme in accordance with the rules set out in these Terms and Conditions.
- Applicant – a party entering an application on the Programme Website for participation to the Programme as a Participant.
- Application Form - a form used by an Applicant to apply for participation to the Programme, which form is available in electronic form on the Programme Website.
- Award - movable goods and services offered by the Coordinator, which Participants acquire when redeeming Points in a quantity corresponding to the number of Points assigned to each of the Awards. A list of which is available on the Programme Website.
- Beneficiary - any Eligible Person accepted as Participant under the Programme.
- Coordinator - has the meaning attributed to it in § 1.2
- Distributor – – a company who distributes products as part of its business activity, through Wholesale Shops, for its own account, who agreed to participate in the Programme. A list of participating Distributors at any point in time is available on the Programme Website.
- Eligible Person - any electrical industry professional, being either an employee, manager or owner of a company Participant or another private business owner, whether or not registered as a company at its national or local company register.
- Hotline – A contact email address available on the Programme Website which Participants must use to contact the Coordinator to file a complaint
- Participant – any company registered in one of the countries of the Territory, or an Eligible Person, that has applied for participating in the Programme and has been accepted (Acceptance) by the Coordinator in accordance with §3 “Participation”.
- Participating Manufacturer – a manufacturing party which promotes certain of its products via the Programme as Products.
- Points - the points that are awarded for the purchase of Products at Wholesale Shops, as well as for certain Qualifying Activities. The number of Points awarded is determined for each Product or Qualifying Activity individually and can be found on the Programme Website. A change in the number of Points awarded for the purchase of each Product does not constitute a change to these Terms and Conditions
- Products - the products of the Participating Manufacturers which they sell and which they have selected for the Programme as being rewarded with Points under the Programme if and when purchased. Information about the pool of Products is available on the Programme Website. The pool of Products may change during the Program. A change to the pool of Products does not constitute a change to these Terms and Conditions.
- Programme - has the meaning given to it in § 1, section 1.
- Programme Website – the website designed to run the Programme, which is available through https://www..voltimum.com and on which individual Participants' Accounts are maintained, enabling Participants to view these Terms and Conditions (including any changes made thereto), the Products, the catalogue of Awards and the performance by the Participant of all activities related to participation to the Programme and the number of Points available to it. The Programme Website may offer e.g. the following information or functionality:
- Information about the Programme
- Collect points online through training and educational contents
- Search for VOLTIMUM+ partner branches in your area
- Search for brochures from VOLTIMUM+ partners in your area
- Redeem Points in the VOLTIMUM+ rewards shop
- Manage your Points Account
- View your Participant data and change it if necessary
- Further VOLTIMUM+ services
- Qualifying Activities: training courses, one-off promotional activities, conferences, events and other activities described by Coordinator on the Programme Website, participation to which may result in earning Points b a Participant.
- Territory – Great Britain (so NOT including Northern Ireland).
- Wholesale Shop - point of sale run by the Distributor, being physical shops or web shops. A list of available Wholesale Shops at any point in time is available on the Programme Website.
Chapter II - Conditions for participation in the Programme
§ 3 Participation
(1) In order to become a Participant a party must be (i) a company registered in the Territory (either as a natural person or a legal person) or (ii) an Eligible Person, and must fill out the Application Form and submit it to the Coordinator. The Coordinator shall, if the Applicant fulfils all requirements for participation, within 24 hours (not including down time of the Programme Website, if any) after the correct completion by Applicant and receipt by Coordinator of the Application Form, create an Account for the Applicant, and send a confirmation of Acceptance through E-mail containing the Voltimum user account number, as well as the login name and password for the Account.
(2) The correct completion of the Application Form includes
(a) the following details: - Applicant´s company name, if any, Applicant´s (registered) address (street, house number, (optional) apartment number, postal code, city, country), - the category and type of business activity of Applicant, - the name, mobile phone number and e-mail address of the person representing the Participant,
(3) The provision of personal data referred to in § 3(2) (a) above is entirely voluntary, however it is required for Acceptance as a Participant.
(4) Completion of the Application Form by the Applicant means that the Applicant agrees to its participation to the Programme in accordance with these Terms and Conditions.
(5) An Applicant may submit only one Application Form.
(6) In case of a change in the data submitted in the Application Form after Acceptance, the Participant is obliged to update the data via the Programme Website. Any possible financial consequences for Voltimum resulting from not making such changes are charged to the Participant. The Coordinator shall not be liable for the consequences for Participant of incorrect, untrue or incorrect data provided in the Application Forms or of the Participant not having updated changes that have occurred after Acceptance.
(7) In the event that the Application Form is not accepted, the personal data provided with such Application Form will be removed from Voltimum storage media immediately and will not be processed.
(8) The Coordinator has the right to verify the accuracy of the data provided by the Participant at any time. For this purpose, the coordinator may request information, documents and explanations to verify the data provided and statements made by the Participant. If, after verification, it turns out that the Participant has provided incorrect or untrue data, the provisions of § 9 section 1 of these Terms and Conditions shall apply.
(9) Access to the Account is possible through the Programme Website.
(10) A Participant can only have one Account in the Programme. (11) The Coordinator is not responsible for the Application Forms that have not reached the Coordinator as a result of circumstances not attributable to the Coordinator.
(11) The Coordinator is not responsible for the Application Forms that have not reached the Coordinator as a result of circumstances not attributable to the Coordinator.
Chapter III - Programme principles
§ 4 - Points and Awards
(1) The scope of the Programme is the collecting of Points by the Participant through the purchase of Products from Distributors or taking part in Qualifying Activities, upon which these Points can then be redeemed into Awards by Participants. The list of Awards may change during the Programme, as well as the number of Points required to be redeemed on exchange for Awards. A change to the list of Awards or the number of Points to be redeemed for an Award does not constitute an amendment to these Terms and Conditions.
(2) The Points for the purchase of Products in Wholesale Shops are automatically and directly credited to the Participant's Account based on the account numbers they have with Distributors. Points for participating in Qualifying Activities are credited to the Participant´s Account by the Coordinator. The data regarding purchases of Products is received by the Coordinator from the Distributors within 30 working days from the date of issuing the related invoice to the Participant making the purchase transaction. If the number of Points resulting from a purchase is a fractional number then the number of Points shall be rounded to the nearest whole value in accordance with the rule that a value below 0.5 Points shall be rounded down to the nearest full Points value and a value equal to or above 0.5 Points shall be rounded up to the nearest full Points value.
(3) The Coordinator, at his own discretion, has the right to demand from the Participant confirmation of purchases made in the form of copies of invoices confirming that the Purchases in Wholesale Shops have been made. In this case the Coordinator will contact the Participant, and the Participant will be required to provide evidence within 7 working days confirming the completion of Purchases. Until the verification process is completed, crediting of Points in the Participant's Account will be "suspended" and cannot be redeemed by the Participant. If the Participant refuses to provide the Coordinator with the evidence referred to in the preceding sentence, or where the Coordinator finds non-compliance with respect to proof of Purchase and the number of Points awarded, the Points granted in respect of the purchase not evidenced will be cancelled and deducted from the Participant’s Account balance.
(4) If the Participant returns Products for which the Coordinator has credited Points, these Points will be deducted from the Participant's Account.
(5) In case a Participant has redeemed Points for Awards in the period between the calculation of Points for purchases made at Wholesale Shops and the deduction of the points from the Participant's Account for the reasons set forth in § 4(3) or § 4(4), and such reduction would lead to a negative number of Points, such Awards must be returned immediately.
(6) Each Point earned is valid (entitles to receive defined Awards as set out on the Programme Website) for a period of maximum 24 months (“validity period”) from the date it is credited to the Participant's Account. Points are no longer valid after the last day of the month in which the validity period ends.
(7) Each Participant may check the balance of his Account and the operations (crediting, debiting) performed on it during the Programme, via the Programme Website (after logging in). It is the responsibility of the Participant to keep track of whether the assignment of Points to its Account for purchases of Products, and the deduction of Point when used in exchange for Awards, is carried out correctly. If Participant is of the opinion that this is not done correctly, it can contact the Coordinator with a complaint. Any such complaint shall only be processed by the Coordinator if it is related to a transaction of Points that has, or should have, taken place not more than three months prior to such complaint.
(8) The party accepting Points in exchange for Awards and delivering the Awards to Participant is Motivation Direct Sp. z o.o, ul. Czeczota 31, 02-607 Warsaw (hereinafter referred to as "Motivationdirect") and not Coordinator. Motivationdirect operates the award shop at the Programme Website. Motivationdirect is also responsible for handlng all delivery, other logistics and warranty claims regarding Awards. Coordinator is not liable in that respect. For the avoidance of any doubt, complaints about Awards, as referred to under §8, including under any warranty, will be forwarded to Motivationdirect for responding thereto.
(9) The Participant is not allowed to make cash payments to obtain Awards.
(10) Each Participant has access to the catalogue of Awards, which can be found on the Programme Website together with the Points value assigned to each Award. The condition for placing an order for the Award is that the Participant has a balance of Points not less than the Point values assigned to the ordered Award.
(11) For ordering an Award, the Participant must use the Programme Website, in accordance with the instructions for ordering Awards as provided there. The Awards are delivered to the Participant by courier service or through the Post Office to the address indicated by the Participant in the Application Form within 14 working days from the date on which the Participant correctly placed the order for the Award. In the case of a specific category of Awards, i.e. goods produced by or on behalf of any of the Participating Manufacturers, the delivery date of the Award is maximum 60 working days from the date of the order for the Award correctly placed by the Participant. In the event that a given Award selected by the Participant is not available, the Coordinator will contact the Participant, offering him a substitute (i.e. another Award with equal or better value than the one chosen by the Participant). If the Participant does not agree to receive a substitute, the order for the Award will be cancelled and the Points are returned to the Participant's Account.
(12) The Awards in the Programme are not exchangeable for their equivalent in money or for other types of Awards.
(13) The Award ordered by the Participant is a non-refundable, subject, however, to the provisions of § 8 of these Terms and Conditions.
(14) The number of Points that can be credited to Participants for the purchase of Products or participating in Qualifying Activities in each quarter may not exceed 40.000 (in words: fourty thousand).
(15) Combining Accounts or transfer Points from one Account to another is not allowed.
(16) In the event the Participant makes no purchase transaction of the Products participating in the Program during a continuous period of 6 (six) months, the Coordinator has the right to notify Participant by e-mail that, within 60 days from the date of the notification, the Participant's Account will be closed, unless Participant makes purchases in that period, and that, in case of closure of the Account, Participant has the right to exchange collected Points for Awards within 14 days after closure.
§ 5 Points other than for Products
(1) The Coordinator may offer Qualifying Activities, under which the Participant will have the right to receive additional Points as well as other benefits as indicated. Also these additional Points entitle the Participant to exchange them for Awards in accordance with § 4.
§ 6 – Tax implications
(1) If Participant is a natural persons, the Points earned or Awards issued under the Programme may constitute income from economic activity of the Participant under Participant´s local tax laws on personal income. If Participant is legal person (legal entity), the Points earned or Awards issued under the Programme may have similar or other tax implications under local company tax laws. Participant, and not Coordinator, is responsible for informing itself of the tax related consequences, if any, of participating in and benefitting from the Programme. Coordinator is not liable for any such consequences.
(2) The Coordinator will provide the monetary value of Points for tax purposes in each relevant currency, on the Programme Website. Such value is a result of Coordinator´s fair and reasonable estimation of the value of the Points. However, Coordinator is not liable for any tax authority applying a different valuation.
§ 7- Personal data
1) Participants' personal data will be processed in accordance with the provisions of Regulation EU/2016/679 on the protection of individuals with regard to the processing of personal data (“GDPR“).
3) Submitting the Application Form implies Applicant´s consent with the Coordinator sharing the data referred to under § 3 (2)(a) above as well as Participant´s Voltimum user account number with all participating Distributors.
Chapter IV - Miscellaneous provisions
§ 8- Complaints
(1) Participants must inform the Coordinator if they become aware of any irregularities in connection with the Programme.
(2) The Participant has the right to make complaints related to the implementation of the Program, including complaints about Awards ,in writing to the Hotline, with reference: "Complaint Voltimum+ Programme", within 21 working days after the cause for the complaint was discovered or should reasonably have been discovered t, or if the complaint is about an Award, within the warranty period offered by Motivationdirect.
(3) The complaint must contain (i) the full details of the Participant, including its Participant ID, the correspondence address and, if the complaint is about an Award, the order number and (ii) specify the complaint.
(4) Complaints submitted outside the terms specified in paragraph (2) will not be considered.
(5) The date of filing a complaint is the date of receipt of the complaint by the Coordinator on the Hotline.
(6) Participant is obliged to check Awards delivered in the presence of the courier, and, notwithstanding the term for complaints set out in subparagraph (2) here above, in case of visible defects, report such defects immediately to the Coordinator through the Hotline site.
(7) Voltimum is not liable for any damage caused by any event leading to a complaint.
(8) Complaints will be considered and responded to by the Coordinator, or as the case may be, by Motivationdirect, within 30 working days of their receipt. The Coordinator will apply the provisions of these Terms and Conditions and applicable law (§11 (4)) when considering a complaint and finding a solution. The Participant will be notified about the decision by email or telephone rejects the complaint, the Participant has the right to pursue its claim in court.
Chapter V - Final provisions
(1) The Coordinator may terminate a Participant from participation in the Programme in the event of a breach of the provisions of these Terms and Conditions, in particular the provision of false or incorrect data in the Application Form, as well as taking action contrary to applicable laws, or acting in conflict with Coordinators', Participating Manufacturers´ or Distributors' interests. In case of termination from the Program, Participant will be informed in writing immediately. Purchases of Products made after the date of a Participant's termination (the termination date is the date on which the Coordinator’s decision to terminate a Participant from the Programme is sent to Participant) will not lead to Points being credited. In case of termination of a Participant, the Coordinator has the right, if the Coordinator deems this appropriate in relation to the ground for termination, a) to cancel all Points credited to the Participant during the Programme, and b) to make a claim for the return of all Awards.
(2) Furthermore the Coordinator can exclude or terminate a Participant´s participation to the Programme at its sole discretion at any point in time through written notice to the Participant.
(3) The Coordinator may suspend the Participant's entitlement to redeem Points for the Awards or of these Terms and Conditions, at the Distributor's request informing Coordinator about receivables overdue by Participant with the Distributor. Such information will be treated in strict confidence by Coordinator. Information about the suspension will be placed on the Participant's Account. The suspension will be lifted by the Coordinator within 7 days from the date of receiving information from the Distributor confirming that the Participant has settled the outstanding and due payment.
(4) The Participant may terminate its participation to the Program through written notice to the Coordinator. Such termination enters into effect on the date of receipt of the notice by the Coordinator.
(5) The Coordinator reserves the right to change the pool of Products by adding or deleting Products at any time. The change may consist in adding new products or disposal of the products in the pool. A change to add or remove new Products shall become effective upon its introduction on the Programme Website. Change of the pool of Products shall not affect the Participants' entitlements to Points arising from the purchase of the Products before the date on which such change has become effective.
(6) The Coordinator reserves the right to amend these Terms and Conditions. The amendment enters into force at the point in time as indicated in paragraph (11) below, provided that Points acquired before the entry into force of the amendments are subject to the rules set out in the Terms and Conditions as they were before such entry into force.
(7) The first time of logging into its Account after the entry into force of an amendment, the Participant will be notified of such changes and the possibility to accept. Refusal to accept an amendment effectively means termination by Participant of its participation to the Program in which case the rules set out in §9
(8) will apply. In such case the Participants has the right to redeem Points for Awards during period of 3 (three) months after the effective date of such termination. (8) Amendments to the Terms and Conditions, suspension or termination of the Program and termination by the Participant for itself cannot affect rights acquired by the Participants until the date of modification, decision to suspend, termination of the Programme or the termination by the Participant for itself.
(9) Information about the planned suspension or termination of the Program does not stop the possibility of collecting Points until the Programme is suspended or terminated.
(10) The Coordinator reserves the right to terminate or suspend the Programme at any time. Such termination of suspension enters into force at the point in time as indicated in paragraph
(11). The Participants will retain the right to exchange the collected Points for a period of 3 months after the effective date of termination or suspension of the Programme, unless the termination or suspension is imposed on Coordinator by a competent public authority, in which case a different solution may have to be decided upon. (11) Information about an amendment of these Terms and Conditions and about suspension or termination of the Programme will be announced on the Programme Website. In addition, at the latest on the date of the announcement on the Programme Website, each Participant will receive this information by e-mail. The Programme will be suspended or terminated 30 days from the date of the announcement or so much earlier or later as indicated in the announcement. An amendment of the Programme will enter into force 14 calendar days from the date of the announcement or so much earlier or later, as indicated in the announcement.
(1) The Coordinator is not responsible or liable for the consequences of the Participant's failure to submit the Application Form, or providing an incorrect mailing address, account number or other data preventing or delaying the correct execution of the Programme by Coordinator..
(1) Any disputes which may arise in connection with the implementation of the Programme will, if possible, be settled amicably between the Coordinator and Participant, or, as the case may be, between Motivationdirect and Participant, and, if such amicable settlement is not possible, shall be submitted for final decision to the competent court in Geneva, Switzerland, or any other court if the parties to the dispute have so agreed upon.
(2) These Terms and Conditions are available in the Coordinator's seat and on the Programme Website.
(3) The Programme is not a game of chance, such as a lottery, promotional lottery or a mutual bet, the results of which depend on the sheer coincidence.
(4) These Terms and Conditions are governed by and construed in accordance with the laws of Switzerland without giving effect to its conflict of laws provisions.