GENERAL TERMS AND CONDITIONS OF VALEO SPECIALIST CLUB

SPECIALIST CLUB LOYALTY PROGRAM

General Terms and Conditions

Article I.   Object

 

The following general terms and conditions (hereinafter “General Terms and Conditions”) govern the Valeo Garage Loyalty Program (hereinafter “Valeo Specialist Club”) of Valeo Service U.K, incorporated company under the law of the United Kingdom, whose registered office is 53 Heming Road, Redditch B98 0DZ) (hereinafter “Valeo Service”).

 

Article II.   Participation Conditions

 

Section 2.01  -  Authorized Users

 

Authorized users are employees and representatives (hereinafter “User”) of workshop established in the United Kingdom which workshop is supplied directly or indirectly with Valeo products from distributors who have signed a distribution agreement with Valeo Service (hereinafter “Workshop”). Only User registered through the Valeo Service Web page dedicated link may participate to the Valeo Specialist Club. The User is required to read the General Terms and Conditions carefully before registry and participation to the Valeo Specialist Club.

 

Section 2.02  -  Portal and Registration

 

Registration shall be made using User pre registration code sent by Valeo Service to the User.

The access to the Valeo Specialist Club is granted through registration at www.valeoservice.co.uk and/or via Valeo Service mobile application Valeo Specialist Club available on the Apple Store® and Android® Play Store® (hereinafter the „Portal“).

By registry on the Portal the User fully accepts the General Terms and Conditions. Such acceptance is documented by the clicking of the button “I have read and accept the Terms and Conditions of the Valeo Specialist Club” during the course of the registration procedure.

Should the User not be the legal representative of the Workshop, by registry on the Portal, the User acknowledge being duly authorized by the Workshop to participate into this Valeo Specialist Club on a behalf of the Workshop. Valeo Service waives any responsibility for such authorization and should not be liable against the Workshop or any third party for any User registration which has not been duly authorized by the Workshop.

Upon registration a contract is formed between Valeo Service and the User as to the use of the Portal based on these General Terms and Conditions (hereinafter “Agreement”).

The use of the Portal is free of charge. The information provided by the User at the time of registration must be complete and correct. This includes the following data:

the name of the Workshop, the first name and family name of the User, address of the Workshop (not a post office box), a valid telephone, an email address and a confirmation of the commercial trade registration and the VAT number of the Workshop.

The User must keep up-to-date the data requested by Valeo Service at the time of registration and shall notify Valeo Service of any changes by email or by updating its account on the Portal without undue delay.

At the time of registration the User shall provide a user name and a password to allow access to the registered area of the Portal. The User undertakes to keep the password secret and to use such only in relation to the registered User for the use of the Portal. Any making available of the password to a third party is expressly prohibited.

Insofar the User shall be liable for compliance with these obligations of due care and confidentiality. If, for whatever reason, the password becomes known to a third party, the User shall change the password without undue delay and shall notify Valeo Service accordingly without undue delay by email.

 

Article III.   Bonus Points

 

Section 3.01  -  Collection

 

Each Valeo Service products, listed on the Portal (hereinafter “Product”) purchased by the Workshop and mounted on vehicles and/or sold from the Workshop to an end-user grant specific bonus points (“Bonus Point”) to be registered in the Portal by a Workshop User.

Bonus Points shall be collected by scanning with a mobile phone through a personal account in an application (Google Play & Apple Store):

-        The barcode of the Product, and/or

-        The authenticity code of the product.

The Bonus Point collection could also be done with a computer through the Portal.

For the avoidance of doubt, User is not entitled to collect Bonus Point from Products (a) which have been bought by the Workshop before the date of the User registration on the Portal and/or (b) which are, for any reason, subject to a return and reimbursement from the distributors. In the event, (i) a product is scanned by a User (ii) then subject to a return and reimbursement from the distributor and (iii) scanned by another User working for a different Workshop, Bonus Points granted to the first User will be automatically deleted from its account.

 

Section 3.02  -  Validity

 

Once Product has been scanned by the User according to Section 3.01, Bonus Points are credited on the User’s account within fifteen (15) days.

Bonus Points shall be valid for a twenty four (24) months period from its collection date. At the expiry date the User may not be entitled to request any compensation.

 

Article IV.   Reward

 

The User may claim rewards listed in the Portal, given a value in terms of Bonus Points, (hereinafter “Reward”) upon condition the Bonus Point account of the User has the required credit balance to meet the value of the selected Reward and that the Reward is available.

In case of depleting the stock of any of the Rewards, Valeo Service reserves the right to replace the Reward offered with a replacement Reward of equal value.

Valeo Service may modify from time to time the Reward list as well as the value, in Bonus Points, of the Rewards.

Valeo Service is entitled to request from the User relevant proof that Product which has been scanned has been purchased by its Workshop and mounted on a vehicle and/or sold from the Workshop to an end-user before the User registration on the Portal. Should the User not be able to provide evidence that Product which has been scanned has been purchased by its Workshop and mounted on a vehicle and/or sold from the Workshop to an end-user before the User registration on the Portal, Valeo Service is entitled to offset such Bonus Point from its account.

Further conditions may also apply to obtaining Rewards, if and insofar as such conditions are set out in the Portal as the basis for obtaining such Rewards.

 

Article V.   Liability

 

In relation to any third party, Bonus Points may not be sold or exchanged or auctioned or otherwise passed on unless such is expressly permitted under the General Terms and Conditions.

In case of any breach of the General Terms and Conditions as well as any misuse of Bonus Points for which the User is responsible, Valeo Service reserves the right to require the return of any ordered and delivered Rewards and, as the case might be, refuse to recognize any claim for a Reward.

Any further rights or remedies against the User including those related to payment of damages shall remain unaffected hereby.

Any liability of Valeo Service and its affiliates is excluded insofar as such liability is not mandatory as in willful conduct, gross negligence, or as a result of injury to life, body or health, because of an express guarantee as to quality, deceitful concealment of a defect or breach of a material contractual condition. Any damages for breach of a material condition as a result of simple negligence shall, however, be limited to typical foreseeable damage resulting from the contractual breach.

The User shall be responsible for clarifying tax matters related to bonus points. Any refund by Valeo Services and its affiliates of any duties or taxes is hereby excluded.

 

Article VI.   Amendment

 

Valeo Service reserves the right to amend the General Terms and Conditions and consequently the Agreement at any time. Any amendment made by Valeo Service shall apply at the date of its publication on the Portal in the section of General Terms & Conditions.

 

Article VII. Data Privacy

 

Any personal data of the User transmitted to Valeo Service shall be incorporated to a data file and processed pursuant to applicable data privacy law and regulations where the User is located. Such data shall be processed by Valeo Service and/or its affiliates located in the same country of the User acting as data controller (hereinafter “Data Controler”), for the following purposes:

(i) The management of the Valeo Specialist Club and follow-up of the relation between the User and Valeo Service for the purpose of the Valeo Specialist Club;

(ii) Any promotional and/or advertising action from Valeo Service or any third party in relation to automotive spare parts or product linked to the automotive industry, in such case User privacy data may be transferred to third party providing that such third party shall fully comply with applicable data privacy law. The legal basis that legitimates the processing of the data of the User is the need to obtain these data for the execution and implementation of the Agreement. The data will be kept during the term of the Agreement and, subsequently, for an additional term of 5 years in order to meet possible responsibilities arising from the contractual relationship.

The User shall have the right of access to his personal data and may exercise the rights of rectification, deletion, opposition, limitation and portability of said data before the Data Controller through written communication to the registered office mentioned in this Article, providing a copy of his ID or equivalent document, and identifying him as a User of the Valeo Specialist Club. The data collected by Valeo Service may be communicated to the French entity Valeo Service SAS for the coordination of the contractual relations of Valeo in Europe. Likewise, in the event that the right to the protection of personal data is infringed, the User may file a complaint with the Information Commissioner's Office, also known as ICO (https://ico.org.uk/). Should the User have any queries concerning the processing of his personal data, the User shall address them to the legal entity acting as data controller provided in this article. For any request regarding personal data, the User may address to the Data Controller:

of Valeo Service U.K., incorporated company under the law of the United Kingdon, whose registered office is 53 Heming Road, Redditch, B980DZ 

dpo.external@valeo.com

Where the Agreement requires the processing of personal data by Data Controler contractor, its sub-contractors and/or service providers, such third party may act only under the supervision of the Data Controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data, and the means by which the data subject may exercise his rights. Valeo Service and its affiliates shall limit access to the data to the staff strictly necessary for the purposes set out in this article. Valeo Service and its affiliates undertakes to adopt appropriate technical and organizational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:

  • a- prevent any unauthorized person from having access to computer systems processing personal data, and especially: unauthorized reading, copying, alteration or removal of storage media;
    • unauthorized data input as well as any unauthorized disclosure, alteration or erasure of stored personal data;
    • unauthorized using of data-processing systems by means of data transmission facilities;
  • b- ensure that authorized users of a data-processing system can access only the personal data to which their access right refers;
  • c- record which personal data have been communicated, when and to whom;
  • d- ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by Valeo Service and its affiliates;
  • e- ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorization;
  • f- design its organizational structure in such a way that it meets data protection requirements.

 

Article VIII. Governing Law – Dispute Resolution

 

The General Terms and Conditions and the Agreement shall be governed and construed according to the law of the United Kingdom, without application of its conflicts of laws rules.

Any dispute arising from the General Terms and Conditions and the Agreement shall first be the subject of amicable negotiation between the Parties. If no amicable settlement is reached within thirty (30) days from the notice, the dispute may be brought before the Court having jurisdiction in the United Kingdom, even if the claim refers to a point of law, a guarantee liability, or if there are several defendants, upon application by the most diligent party.

 

REWARDS

 

Terms & Conditions related to the Valeo Specialist Club rewards

 

THE GOODS: In the event that the goods described are being discontinued or unavailable for supply, Valeo reserves the right to offer a suitable alternative in price and specification without liability.

WARRANTIES AND LIABILITIES: Valeo warrants that the Goods will, at the time of delivery, correspond to the description given.

DELIVERY OF THE GOODS: Any delivery dates are estimates only and are given in good faith. Valeo will make every effort to adhere to them but does not guarantee delivery dates. Valeo does not accept liability for failure to supply or to deliver within the period quoted. Valeo shall be entitled to make partial deliveries or deliveries by instalments and these conditions shall apply to each such delivery. In the event that Valeo is prevented or delayed from delivering the Goods due to causes beyond its control including but not limited to shortages of material, civil commotion, accident, strikes, lockouts, acts of God, or any restriction imposed by the Government or any other authority, it shall be entitled to postpone delivery for a period of 30 days, provided that should such a cause continue beyond 30 days the Purchaser shall be entitled to cancel the order upon giving Valeo written notice and Valeo shall not be liable for breach of Contract or otherwise for such failure to make or delay in delivery.

ACCEPTANCE OF THE GOODS: The Buyer shall be deemed to have accepted the Goods after delivery to the Buyer or the Buyers nominated delivery address and after acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the Contract.

TITLE AND RISK: The Goods shall be at the Buyers risk as from the time of delivery. This means that the Buyer is solely responsible for their custody, maintenance and insurance.

GOODS DAMAGED ON ARRIVAL: In the event that goods supplied arrive damaged on receipt, the Receiver should where possible refuse delivery or Valeo should be notified within 2 working days of receipt of delivery. Valeo may arrange to have the goods collected from the Receiver and a replacement or credit of points will be processed.

FAULTY/DEFECTIVE GOODS WITHIN 30 DAYS OF RECEIPT: In the event that goods supplied become faulty within 30 days of receipt, Valeo may arrange to have the goods collected. The goods must remain in the original packaging, accompanied by all accessories and documentation as originally supplied. The faulty goods may be returned to the original Supplier for replacement or repair and thereon returned to the Participant/Customer.

FAULTY/DEFECTIVE GOODS OUTSIDE 30 DAYS OF RECEIPT: In the event that goods supplied become faulty outside 30 days of receipt, the process will be in line with the Manufacturer’s Warranty. Valeo may provide the Receiver with the Manufacturer’s Warranty contact details together with a Proof of Purchase document. Valeo may, if deemed necessary, arrange to have the item returned for repair/replacement under the terms of the Manufacturer. A collection cost may be applicable. (Please note some manufacturers i.e. Apple / Kettler etc. will deal directly with recipient to arrange repair/replacement, so please call to check with us before taking action)

BUYERS REMORSE – UNWANTED GOODS: In the event that goods are unwanted, the Receiver may return the goods to Valeo within 30 days of receipt. The goods must be in a pristine re-saleable condition, unused and with any security tags in place. Once received and inspected as good for stock a credit will be issued. Due to hygiene regulations, ear-rings and in ear headphones are non-returnable.

GOODS RETURNED AS UNDELIVERED: In the event that goods are returned by the Courier as undelivered, the goods will be returned to stock and an automatic credit of points will be raised.

 

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