LOYALTY SCHEME TERMS AND CONDITIONS
1. Important information
1.1 These Terms and Conditions set out the contractual relationship between MAPA Spontex UK Limited and you in respect of the Spontextra Loyalty Scheme (the “Scheme”).
1.3 IN PARTICULAR, YOUR ATTENTION IS DRAWN TO CLAUSES 7.2, 8, 11 AND 12.
1.4 We will not necessarily file a copy of the Terms specifically in relation to your use of the Scheme. You should therefore save a copy of the Terms to your computer for future reference.
1.5 We may update the Terms from time to time, for example, to comply with changes in the law or to take account of new features to the Scheme. If we have to revise these Terms, we will give you at least one month's written notice of any changes to these Terms before they take effect. To the extent that you find the changes to the Terms unsatisfactory then you can choose to cancel your membership of the Scheme in accordance with clause 7. Every time you wish to use the Scheme, please check the Terms to ensure you understand the terms which will apply at that time.
1.6 The Terms are only in the English language.
2. Information about us
2.1 The Scheme is run by MAPA Spontex UK Limited and we trade as Spontex. MAPA Spontex UK Limited is a company registered in England and Wales, registered address Berkeley Business Park, Wainwright Road, Worcester WR4 9ZS. Company Number 01372811. Our VAT number is GB 217 9806 40.
2.2 References in these Terms and Conditions to "we", "us", "our” and “Spontex” are to MAPA Spontex UK Limited.
2.3 To contact us, please see the Contact Us page.
3. Eligibility for the Scheme
To be eligible to register for the Scheme, you must have an email address and be resident in the UK. If you are aged under 18, please ensure that you have your parent or guardian’s consent and ensure that they and you have read and agree to the Terms before you register for the Scheme.
4. Registration Process and Rules
4.1 To apply for membership of the Scheme, you must complete and submit the online application which can be found athttp://www.spontex.co.uk/account/ (the “Website”) and complete all of the mandatory questions.
4.2 When registering for the Scheme you agree to provide us with accurate and complete registration information. It is your responsibility to ensure that the information provided by you to us is correct and kept up-to-date. If you discover you have made a mistake with your registration details after you have submitted them to us or your details change, please contact us immediately so that we can correct our records as soon as possible.
4.3 Only one membership is permitted per individual.
4.4 You are responsible for keeping your Scheme details confidential and they should not be shared with anyone else.
4.5 If you are a new customer to Spontex, your Scheme account will be set up at the same time as your Spontex customer account provided that you meet the eligibility criteria as set out in clause 3. This means that you will be able to earn points on any qualifying purchases you make after your Scheme account has been set up.
4.6 If you had created a Spontex customer account prior to the launch of the Scheme you will have been enrolled in the Scheme automatically at the time of launch.
5.1 To collect points for a transaction you must be logged in to your registered account on the Website and place the order with us through your registered account.
5.2 If you choose to place an order with us using the ‘guest checkout’ function on the Website you will not receive any points for that transaction.
5.3 Points will only be awarded to your Scheme account once your order is marked as completed (meaning that we have received payment for your order and confirmed that your order has been dispatched).
5.4 Points will be awarded in accordance with the points exchange rate set out at http://www.spontex.co.uk/loyalty-scheme/.
5.5 The points to be awarded under the points exchange rate system will be determined by the amount you have paid for your order. The amount you pay for order will be reduced to take account of: (i) any e-vouchers or special offers claimed at the checkout and applied to your order; and (ii) the amount of any delivery charges.
5.6 We reserve the right to vary the points exchange rate at any time and at our sole discretion. We may also set a limit on the number of points which may be awarded to each Scheme account in respect of certain items or generally. We also reserve the right to add or remove any number of points from any Scheme account at any time without notice. If we vary the points exchange rate or vary the points award system which apply to the Scheme and such variations are unsatisfactory to you then you can choose to cancel your membership of the Scheme in accordance with clause 7.
5.7 You will be able to see the number of points you have earned from a transaction through your Scheme account after your order is marked as completed.
5.8 We will cancel points awarded to your Scheme account if your order is later cancelled or refunded or reduce the balance of the points awarded if you exchange your order for an order with a lower points value.
5.9 You will be able to see the history of all points transactions through your Scheme account.
5.10 Points may only be redeemed against future orders on the Website and can never be redeemed in cash.
5.11 All points awarded through the Scheme are personal to you as the Scheme member. Points allocated to you through the Scheme cannot be transferred to any other person, including another registered account holder and Scheme member, and the points cannot be sold, or traded in any way.
Product Specific Bonus Points
5.12 We may from time to time award product specific bonus points in addition to the points that will be awarded for completed orders. When product specific bonus points are introduced, the appropriate information on the selected product lines and the number of additional bonus points available will be set out on http://www.spontex.co.uk/ and/or in our marketing communications.
5.13 Product specific bonus points are made available at our discretion and may be varied, altered or removed at any time without notice.
‘Refer a Friend’ Bonus Points
5.14 You may be able to earn points for referring a friend to us. The referred friend must not already be a member of the Scheme and they must meet the eligibility criteria set out in clause 3.
5.15 Members will be credited with 100 points in their Scheme account once the referred friend has registered for the Scheme and placed an order on the Website which has been marked as completed.
5.16 It is your responsibility to ensure that, when referring a friend, your friend is happy to receive communications from us (by post or by email) about them joining the Scheme.
6.1 We will make e-vouchers available at appropriate intervals and on such terms as shall be determined in our sole discretion. You will be notified by email of any e-vouchers which are available to you.
6.2 The value of the e-vouchers given by us will be based on the number of points that you have collected by the end of the last day of a collection period. Collection periods may vary.
6.3 E-VOUCHERS ARE VALID FOR 1 YEAR FROM DATE OF ISSUE. E-VOUCHERS THAT ARE LOST OR MISLAID WILL NOT BE REISSUED.
6.4 E-vouchers can be used once at their face value on our Website against the purchase price of an order that you wish to place through the Website.
6.5 E-Vouchers are our property and have no cash value.
7. Member’s Right to End Membership
7.1 You may cease to be a member at any time by giving written notice either by post or email to Spontex using our contact details on the Contact Us page. Until Spontex receives such termination, Spontex may continue to communicate with you.
7.2 IF YOU END YOUR MEMBERSHIP ALL UNUSED POINTS ACCRUED BY OR ISSUED TO YOU MAY NO LONGER BE AVAILABLE.
8. Spontex’ Right to End Membership
8.1 We may at any time suspend or terminate your membership without notice if, in our reasonable opinion, there has been a serious failure by you to comply with your responsibilities in the Terms. In such circumstances, Spontex may also take any other action it considers appropriate, including, but not limited to, withholding or removing points from your account.
8.2 We may discontinue the Scheme at any time. In which case, we will give you reasonable prior notice in order to allow you an opportunity to use up your accrued points.
8.3 If we or you end your membership of the Scheme we may delete our records of your Scheme membership and your data without any liability to you.
9. Data Protection
9.1 We take your privacy very seriously and we comply with the relevant provisions of UK data protection legislation.
9.3 When you join the Scheme, you will automatically be opted into marketing communications from us.
Please refer to our Cookies Policy for information about the cookies used on the Website.
We will provide the Scheme and the Website using reasonable skill and care. We do not make any other commitments or warranties about the Scheme or the Website save for any others implied by law.
12. Our liability to you
12.1 If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Terms.
12.2 We do not in any way exclude or limit our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.2.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
12.2.5 arising under Section 2(3) Consumer Protection Act 1987; or
12.2.6 for any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
12.3 We will not be responsible to you if there is unauthorised access to your registration details or unauthorised activity on the Scheme area of the Website as a result of your membership details becoming known by someone else, unless this is due to our own failure to take proper care. You should contact us as soon as possible if you believe that anyone has obtained your log-in details without your permission or if you become aware of any other breach of security on the Website.
12.4 We will not be responsible for any losses you suffer or other consequences as a result of you providing incorrect or out-of-date details during the registration process.
13. Other important terms
13.1 We may transfer our rights and obligations under the Terms to another organisation, but this will not affect your rights or our obligations under the Terms.
13.2 You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
13.3 The Terms are between you and us. No other person shall have any rights to enforce the Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4 Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under the Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 The Terms are governed by English law. This means the Terms and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland or Wales, you may also bring proceedings in Scotland or Wales.