TALASEY LIMITED
CUSTOMER INCENTIVE SCHEME 2022 (BRANCH) – TERMS AND CONDITIONS
These Terms and Entry
1 The following customer incentive scheme (“Scheme”) is promoted by Talasey Ltd, a company registered in England and Wales with company number 05158665 and whose registered office is at St Vincent House, Normanby Road, Scunthorpe, England, DN15 8QT (“Talasey”, “we”).
2 By opting-in to the Scheme via the QR Code on the promotional flyer sent to you by us, or via this link: http://eepurl.com/hTRw1H you are deemed to have accepted and agree to be bound by these terms and conditions (“Terms”). The Scheme operates under these Terms, unless otherwise notified to you by us, and the Terms govern the relationship we have with you, the individual branch manager on behalf of our customer, in relation to the Scheme. If you do not agree to be bound by these Terms, you should not enter the Scheme via the QR Code or the link above.
3 By opting-in to the Scheme in accordance with clause 2, you warrant and represent that you have all the necessary authorisations, approvals, consents and authorities to enter into the Scheme and be bound by these Terms for and on behalf of your company (including any such authorisations from your company’s head office).
4 Membership of the Scheme is entirely at our discretion and, accordingly, we reserve the right to refuse entry to the Scheme to any person, including any person in breach of these Terms.
5 The Scheme is voluntary and is available to all of our customers who opt-in in accordance with clause 2.
6 To be included in the Scheme, you must opt-in in accordance with clause 2 before 31 March 2022. If you opt-in after this date, you will not be part of the Scheme.
7 We accept no responsibility for entries not successfully completed due to a technical fault of any kind.
The Scheme
8 The Scheme allows you to earn vouchers (“Vouchers”) if the value of invoiced sales placed with us in relation to certain products (listed below) (based on the Figures (as defined below)). The value of the Voucher(s) will depend on the invoiced sales value above the Target Figures (as defined below). For example:
8.1 if you achieve invoiced sales above the Target Figure for Natural Paving products, you will receive Vouchers equivalent to the value of 1% of the sales value above the Target Figure;
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8.2 if you achieve invoiced sales above the Target Figure for Vitripiazza products, you will receive Vouchers equivalent to the value of 1% of the sales value above the Target Figure;
8.3 if you achieve invoiced sales above the Target Figure for Pavetuf products, you will receive Vouchers equivalent to the value of 2.5% of the sales value above the Target Figure;
8.4 if you achieve invoiced sales above the Target Figure for Luxigraze products, you will receive Vouchers equivalent to the value of 2.5% of the sales value above the Target Figure; and
8.5 if you achieve invoiced sales above the Target Figure for Piranha products, you will receive Vouchers equivalent to the value of 2.5% of the sales value above the Target Figure.
9 In April 2022, and no later than one week after entry to the Scheme has closed, we will present your branch manager with target sales figures for the branch to be achieved between January 2022 and 26 November 2022 in relation to the products listed at clauses 8.1 to 8.5 (“Target Figures”).
10 The figures used to calculate the invoiced sales for 2022 (i.e., the figures from 1 January 2022 to 26 November 2022) and for the purposes of the Scheme will include the value of all product deliveries both in branch and direct to site, including couriers and additional transport and will also include all invoices (less any credits) up to and including 26 November 2022 (“Figures”). The Figures shall not include any sums from you which are outstanding or in dispute as of 26 November 2022 and such sums may be discounted when we calculate the percentage of Growth.
11 We will run a report after 26 November 2022 of the Figures against the Target Figures to calculate the value of Voucher(s) to be awarded to you in accordance with the percentages as set out in clause 8, and notify you if you are eligible for any Voucher(s) in December 2022.
12 Should, in our sole opinion, pricing become volatile and subject to increases of an unexpected level for any reason, we reserve the right to vary the terms of the Scheme and gauge Target Figures during the participation of the Scheme on the number of units purchased (i.e. volume growth) rather than growth in Figures, however the same percentages as set out in clause 8 will be applicable to the calculations against the Target Figures and any award of Voucher(s) under the Scheme.
13 Any purchase of goods and products will be subject to the terms and conditions specified in the order for such goods, which shall be unaffected by entry into the Scheme.
Vouchers
14 The Voucher(s) will be from “Love to Shop” and will be available to spend in all participating retailers of Love to Shop. Please refer to the individual Voucher(s) and/or Love to Shop for
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the terms and conditions that apply to their redemption. Acceptance of the Voucher(s) is the sole responsibility of the participating retailers.
15 The Voucher(s) will only be valid for the dates shown on the Voucher(s). Please see the individual Voucher(s) for details of their expiry dates.
16 The Voucher(s) will not be exchanged for cash or to any other person other than the person they are awarded to.
17 We accept no responsibility for any loss of the Voucher(s) once they have been dispatched to you, and we cannot replace any lost or stolen Voucher(s).
18 Voucher(s) are applicable over £50.00 and this is then paid in £5.00 incremental values. Any value of Growth equivalent to a sum less than £5.00 will not entitle you to a Voucher. Voucher(s) will be issued by no later than 31 December 2022 by mail, email or any other method which we, or our third party partners, may deem appropriate.
19 We may decline to issue, or instruct any third party to issue, the Voucher(s) at any time where there is reasonable belief of any abuse or attempted abuse of the Scheme or any breach or attempted breach of these Terms.
20 Upon issue of Voucher(s) in accordance with the Scheme it will be for you to determine how such Voucher(s) are allocated and we will have no further responsibility.
Termination
21 Your membership of the Scheme starts when you opt-in in accordance with clause 2 and ends when your contractual relationship with us ends for any reason, when you cease to sell our products for any reason, when you fail to achieve the Target Figures presented to you in accordance with clause 9, or when we determine at our sole discretion that the Scheme is no longer in operation.
22 Without any liability, we also reserve the right to terminate this Scheme:
22.1 if you materially breach these Terms and, where such breach can be remedied, you do not remedy the breach within 30 days of a written notice of the breach from us; or
22.2 if we reasonably believe you have abused the Scheme.
23 You may leave the Scheme at any time for any reason upon notification to us in writing. By leaving the Scheme, you forfeit the right to any Vouchers that may have accrued.
24 On termination of the Scheme for any reason, all unredeemed Vouchers will be forfeited and you will no longer be able to participate in the Scheme.
General
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25 Any personal data supplied during the course of the Scheme may be passed on to third party suppliers (for example, Love to Shop) only insofar as required for fulfilment/delivery/arrangement of the Voucher(s). Personal data will only be processed as set out in our privacy policy which is available on request.
26 Each party shall comply with the Bribery Act 2010 and not do, or omit to do, any act that will cause the other to be in breach of the Bribery Act 2010.
27 You shall not assign, delegate, transfer, charge or otherwise dispose of all or any of your rights and responsibilities under these Terms without our prior written consent.
28 These Terms contain all the terms which the parties have agreed with respect to the Scheme and supersede all previous agreements and understandings between the parties (whether oral or in writing) relating to the Scheme. Each party acknowledges and agrees that it has not been induced to enter into the Scheme by a statement or promise which these Terms do not contain. All warranties, conditions and other terms (whether express or implied) which are not set out in these Terms are (to the fullest extent permitted by law) excluded from these Terms.
29 For the purposes of the Contracts (Rights of Third Parties) Act 1999 no person (except you and us) shall have any right to enjoy the benefit or enforce any of these Terms.
30 We reserve the right to change these Terms at any time. If you continue to participate in the Scheme after such change, you shall be deemed to have accepted the updated terms and conditions.
31 Failure to exercise (or to fully exercise), or any delay in exercising, any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy under these Terms or by law.
32 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible that provision shall be deemed to be omitted from these Terms in so far as these Terms relate to that jurisdiction and the validity and enforceability of that provision in other jurisdictions and the other provisions of these Terms shall not be affected or impaired.
33 This Terms shall be governed by English Law and members of the Scheme submit to the exclusive jurisdiction of the English Courts.
