Terms and Conditions

 

These terms and conditions, together with its schedules and any documents referred to in them ("Programme Terms") set out the terms on which Euro Car Parts Limited will provide Rewards (the "Programme(s)") to eligible business users.

 

The Programmes are provided subject to compliance with these Programme Terms and our general B2B (Trade) terms and conditions, which can be found online at https://corporate.eurocarparts.com/terms-and-conditions/ ("General Terms"). To the extent there is any conflict between these Programme Terms and the General Terms, these Programme Terms shall prevail to the extent of that conflict.

 

 

1.1.    The Programmes are provided by Euro Car Parts Limited and may also be provided under one of our brands from time to time, ("ECP").

 

1.2.    ECP is registered in England and Wales and has its registered office and main trading address at T2, Birch Coppice Business Park, Danny Morson Way, Dordon, Tamworth, England, B78 1SE.

 

1.3.    Its company number is 2680212 and VAT registration is 766 4369 89.

 

1.4.    The ECP group of companies include its subsidiaries and holding company and those owned by its holding company in accordance with section 1154 of the Companies Act 2006 (“Group Companies”).

 

1.5.    ECP can be contacted via rewards@1TEC.co.uk. You may also contact your account manager with any queries.

 

2.1    The Programmes are available only to businesses / trade customers including sole traders, partners and companies who are signed up to the 1TEC Auto Hub concept ("Business Customer"). Only an authorised person/representative of the Business Customer can register to become a member of the Programmes ("Member").

 

2.2    All Members must be domiciled or incorporated in the United Kingdom and individuals registering their email and accessing a Member account must be aged 18 years or over.

 

2.3    A Business Customer may hold several memberships to the Programmes provided it has a single unique (one) email address for all such memberships.

 

2.4    Members may be a part of a group of multiple sites or garages (“Multi-Sites”) in which case ECP may at its absolute discretion determine that those Multi-Sites are either:

2.4.1   associated garages and are to be treated as separate for the purposes of any Rewards thresholds and treat them accordingly (“Associated Garage(s)”; or

2.4.2   linked garages and are to be treated as one and the same for the Purposes of any Rewards thresholds and treat it accordingly (“Linked Garages”).

 

2.5    If a Business Customer is neither an Associated Garage or a Linked Garage and is found to hold more than one membership associated with the same email address, ECP may, at its discretion, cancel all Programme memberships and accumulated benefits held by that Business Customer.

 

2.6   The following are not eligible for, and are excluded from, the Programmes:

2.6.1   officers, directors and employees (and their immediate families) of ECP, or any of its Group Companies;

2.6.2   suppliers, providers and agencies associated with the Programmes; and

2.6.3   employees, agents, officers, and representatives of any government department, government owned entity, juristic person funded by any government department, political party or public international organisation, or any candidates for political office.

 

2.7   To become a Member, a Business Customer must have a valid account number /trading account with ECP/one of the ECP Group Companies and register to join one or both of the Programmes.

 

2.8   Members must ensure that contact details are kept up to date and accurate. Members shall immediately notify ECP of any changes to name, address or contact details by contacting ECP by one of the methods set out in Section 10 below.

 

3.1   The criteria for joining and earning points under the Programme are set out in Schedule 1 and Schedule 2, respectively.

 

3.2   The Programme allows Members to accumulate points per Qualifying Transaction as set out in the respective Schedules ("Points"). The Qualifying Transactions for each Programme are defined in the respective Schedules.

 

3.3   Points will be credited to the Member account by the end of the calendar month immediately following the month in which the Qualifying Transaction occurred. Points are earned on the value of Qualifying Transactions excluding VAT, delivery and any reimbursements. Member account balance statements can be accessed via rewards.1tec.co.uk (the "Website").

 

3.4   Points will not be awarded for any Qualifying Transactions made after the date of any termination or during the period of any suspension of the Member's Programme account. For the avoidance of doubt, ECP has no obligation to reinstate any Points if the Member later re-joins the Programme or if a suspension is subsequently lifted.

 

3.5   If any amounts due to ECP by a Member are not paid in accordance with the agreed customer payment terms, ECP reserves the right to cancel the Points that would otherwise be accrued by that Member and any or all other Members under the relevant Business Customer. For the avoidance of doubt, ECP has no obligation to reinstate any Points if such payment is later made by the Member.

 

3.6   Points can be accumulated from the date of a Member’s enrolment in a Programme, including any period of on-boarding and verification. For the avoidance of doubt, Points cannot be redeemed during any on-boarding or verification period, and any points accrued in such period shall be lost if enrolment is not successful.

 

3.7   Points cannot be reissued or refunded and cannot be exchanged for cash or cash equivalents. Points are non-transferrable and cannot be transferred between Members or to any other party. Any failure of the Member to comply with this Section 3.7 shall be deemed a material breach of these Programme Terms.

 

3.8   Points can be redeemed for benefits selected by ECP in the form of business related equipment (service solutions), payment redeemed against specific invoices (as wholly determined by ECP) (tool vouchers), other business related vouchers, and promotions advertised by ECP on the Website from time to time ("Rewards"). The range of Rewards will be continually updated and Members should regularly check the Website for details of available Rewards and instructions on how to redeem points. Points can only be redeemed by the Business Customer and not by any individual employed or hired by the Business Customer.

 

3.9   Points may be redeemed by a Member up to the maximum redemption amount per annum as follows:

 

Reward category	Maximum redemption value per annum
Service solutions	unlimited
Tool vouchers	unlimited
Lifestyle vouchers	£500
Team building	£5000
Business equipment	£5000

 

For the avoidance of doubt, the maximum redemption amount set out in this Section 3.9 applies to each membership held by a Business Customer separately.

 

3.10   ECP does not guarantee the availability of any particular Reward and may remove any Rewards from the Programmes at any time at its absolute discretion without prior notice.

 

3.11   Physical Rewards will be sent to the address the Member operates its day-to-day business from (i.e. the Member’s workshop or garage) provided to ECP at the time of registration (or as later updated). Rewards will be considered delivered once they are sent to such address. In the case of e-vouchers, these will be sent to the Member’s registered email address. Title to the Reward, and risk of damage to or loss of the Reward shall pass to the Member upon delivery.

 

3.12   ECP reserves the right to require Members to execute a certificate of eligibility prior to awarding the Member with any Rewards, confirming that the Member is eligible and has fully complied with the Programme Terms. Where requested, completion of this certificate is a precondition to the award of the Rewards.

 

3.13   Unless otherwise confirmed by ECP in writing to a Member, Points that are not redeemed within the calendar quarter in which they were awarded (“Qualifying Quarter”) will expire 12 months after the end of that Qualifying Quarter automatically without notice.

 

3.14   ECP may from time to time modify Programme eligibility criteria, Qualifying Transactions and the Points value. Where such a change is made ECP will provide reasonable notice to Members either by email or by posting such changes on the Website.

 

3.15   In the event that a Business Customer is a company or an organisation, the Business Customer must nominate an individual person as its representative to enrol in the Programme on its behalf, but not in his/her own name or on his/her own behalf, by providing ECP with a formal letter of nomination. Any reward obtained through the Programme must be attributed to the Business Customer and any personal receipt of the reward will be deemed as having legitimate full authorisation from the Business Customer.

 

4.1   The Member represents and warrants that:

4.1.1   it and its officers and employees shall comply with all applicable foreign or domestic laws, statutes and regulations relating to anti-bribery and corruption including the Bribery Act 2010 ("Anti-Corruption Laws"); and

4.1.2   none of the Rewards provided by ECP to the Member pursuant to the Programmes will be paid to, or accrue directly or indirectly for the benefit of, any person, firm, corporation or other entity, other than Member employees, with the exception of charitable gifts or donations. The Member shall be free to distribute the Rewards received through the Programme to its employees as it sees fit.

 

4.2   The Member agrees to keep full and accurate books and records of the Rewards received through the Programmes and to whom these have been provided, for five (5) years and to make all such books and records available to ECP's duly authorised representatives as deemed necessary by ECP to verify the Member's compliance with these Programme Terms.

 

4.3   The Member shall report immediately to ECP any breach of this Section 4 of which it obtains knowledge, or has reasonable grounds to believe occurred.

 

4.4   Any failure of the Member to comply with this Section 4 shall be deemed a material breach of these Programme Terms.

 

4.5   Notwithstanding Section 9 below, at its sole discretion, upon written notice to the Member, ECP may terminate a Member's account and any or all Member accounts held by the relevant Business Customer effective immediately if ECP makes a good faith determination that the Member or any person acting on the Member's behalf has breached representations, warranties and/or covenants contained in this Section 4 and/or otherwise has committed a violation of Anti-Corruption Laws or caused ECP, its officers, directors, employees and/or affiliates to be in violation of Anti-Corruption Laws.

 

5.1   Each party to these Programme Terms represents and warrants to the other that it:

5.1.1   is a business, duly registered and of good standing under the laws of the jurisdiction where it is established;

5.1.2   has the authority and rights to enter into these Programme Terms and perform its respective obligations under these Terms; and

5.1.3   will comply with all applicable laws.

 

5.2   The Member represents and warrants to ECP that:

5.2.1   all information provided by it to ECP is accurate, complete and will be kept up to date;

5.2.2   it will only permit authorised individuals to access its account details; and

5.2.3   it will keep its account access details secure and confidential and acknowledge that it is responsible for all permitted access to its account and any access that results from its failure to keep the account access details secure and confidential.

 

6.1   Subject to the provisions of these Programme Terms, the following provisions set out ECP's entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to a Business Customer in respect of:

6.1.1   any breach of these Programme Terms; and

6.1.2   any representation, statement or tortious act or omission including negligence arising under or in connection with the Programmes.

 

6.2   Nothing in these Programme Terms excludes or limits ECP's liability:

6.2.1   for death or personal injury caused by its (or its agents') negligence;

6.2.2   for fraud or for fraudulent misrepresentation; or

6.2.3   that may not otherwise be limited or excluded by applicable law.

 

6.3   Subject to Section 6.2, ECP will not be liable to a Business Customer for:

6.3.1   loss of profit;

6.3.2   loss of business;

6.3.3   loss of income or revenue;

6.3.4   loss or corruption of or damage to data;

6.3.5   waste of management or office time;

6.3.6   depletion of goodwill; or

6.3.7   any indirect or consequential loss (including where such loss or damage is of the type specified in Sections 6.3.1 - 6.3.6).

 

6.4   All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Programme Terms.

 

6.5   Subject to Section 6.2, ECP's total liability to a Business Customer under or connected with these Programme Terms will not exceed 100% (one hundred per cent) of the value of any Rewards redeemed by the Business Customer in the 12 (twelve) months prior to the claim being made.

 

7.1   ECP is not liable for any income, use, sales, excise, business or other tax liability of Members that may arise as a result of their membership of the Programmes.

 

7.2   The Member agrees to indemnify ECP and its Group Companies and any of their employees, directors or agents from and against any claim that arises out of or relates to any sales, use, value added, excise, business or other taxes or fees levied on any Reward redeemed by the Member under the Programme.

 

8.1   ECP will handle any personal data collected in connection with administering the Programmes in accordance with the ECP Privacy Notice that can be found here: www.corporate.eurocarparts.com/privacy-notice.

 

9.1   A Member may terminate its Programme membership at any time by giving notice to ECP in accordance with these Programme Terms. Immediately on receipt of such notice by ECP, the Member may no longer accrue any Points, and all Points held by the Member shall be redeemed by the Member or automatically cancelled 12 months after the end of the Qualifying Period by ECP. Rewards claimed but not yet received shall be unaffected by a Member's cancellation under this Section 9.1.

 

9.2   ECP may terminate a Member's account and/or a Programme at any time on not less than thirty (30) days notice. In such case no new Points may be accrued after the effective date of termination but any Points already awarded shall continue to be eligible for Rewards until they would ordinarily expire in accordance with Section 3.13.

 

9.3   ECP may terminate a Member's account and any or all Member accounts held by the relevant Business Customer immediately on notice if the Member has failed to remedy a material breach of these Programme Terms within 14 (fourteen) days. All Points and rights to receive Rewards shall be cancelled automatically from the date of receipt of such notice by the Member.

 

9.4   ECP may suspend a Member's account and any or all Member accounts held by the relevant Business Customer and their right to accumulate and redeem Points immediately if:

9.4.1   the Member is in breach of the Programme Terms; or

9.4.2   ECP has reason to believe that the Member's account is being misused, has been used for any fraudulent or illegal activity or has been accessed by an unauthorised third party.

 

9.5   Any suspension put in place in accordance with Section 9.4 shall remain in place until ECP has received from the Member proof that the breach has been remedied and/or the Member provided satisfactory evidence that the Member account is not or no longer subject to misuse, fraudulent or illegal activity.

 

10.1   Any notice given under these Programme Terms will be in writing and may be served by registered or recorded delivery mail or by email to the contact details set out in Section 1 (for ECP) and to the business address and/or email address provided to ECP on application (for the Member), as updated by each party in accordance with this Section 10.

 

10.2.   Notices sent by first class post or other next working day delivery service shall be deemed to have been received 2 (two) business days from posting. Notices sent by any other registered or recorded delivery mail shall be deemed to have been received 5 (five) business days from posting. Notices sent by email shall be deemed to be received at the time of transmission. If any of the notice periods set out in this Section 10.2 expire on a day which is not a business day, the notice shall be deemed effective on the next business day.

 

11.1   References to Sections are to sections of the front-end of these Programme Terms, and any references to Paragraphs are to paragraphs of the Schedules.

 

11.2   Section and Paragraph headings shall not affect the interpretation of these Programme Terms.

 

11.3   A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

 

11.4   Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

 

11.5   "Including", "include", "included" and analogous terms will be interpreted as if they had been accompanied by the phrase "but not limited to".

 

10.6   A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

 

12.1   ECP will not be liable for any failure in the performance of any of its obligations under

the Programme Terms caused by factors outside its control.

 

12.2    Each of ECP's rights or remedies under these Programme Terms is without prejudice to any other right or remedy that ECP may have whether under the Programme Terms or not.

 

12.3   Subject to Section 3.14, ECP may amend these Programme Terms from time to time. Updated Programme Terms will be available on the Website.

 

12.4   These Programme Terms and the General Terms shall constitute the entire agreement between the Member and ECP and will supersede and replace any previous agreements or understandings between the parties relating to the Programmes.

 

12.5    If any provision or part-provision of these Programme Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the remainder of these Programme Terms.

 

12.6    Failure or delay by ECP in enforcing or partially enforcing any provision of the Programme Terms will not be construed as a waiver of any of ECP's rights under the Programme Terms.

 

12.7   Any waiver by ECP of any breach of, or any default under, any provision of the Programme Terms by the Member will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Programme Terms.

 

12.8   Neither of the parties intend that any term of these Programme Terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

13. GOVERNING LAW AND JURISDICTION

13.1   These Programme Terms and any dispute or claim including non-contractual disputes or claims arising out of or in connection with the Programme shall be governed by and construed in accordance with the laws of England and Wales.

 

13.2   The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Programme Terms or the Programmes.

 

   

1.1   Enrolment in the Rewards Programme is not automatic. A Business Customer must complete registration and input its details to activate the Rewards Programme subject to satisfying certain eligibility requirements as determined by ECP from time to time, both at the time of enrolment and throughout their participation in the Rewards Programme. ECP reserves the right to disqualify a Member at any time should the Member fail to meet any such membership requirement.

 

1.2   Eligibility may be assessed by ECP on an ongoing monthly basis. If the eligibility criteria is met the Business Customer will be eligible for Rewards and where it is not met ECP may at its sole and absolute discretion remove the Member from the Rewards Programme subject to the rest of these Programme Terms) ("Membership Period").

 

1.3.    For the avoidance of doubt, eligibility in one Membership Period does not guarantee membership in any following periods.. Eligibility will be assessed for each Member or potential Member on a monthly basis. A new set of Programme Terms must be signed as determined by ECP at its sole and absolute discretion.

 

2.1   Points are rewarded for all transactions except for the following (as determined by ECP from time to time):

2.1.1   garage equipment (including certain tools);

2.1.2   engines;

2.1.3   gearboxes;

2.1.4   surcharges; and

2.1.5   paints,

("Qualifying Transactions").

2.2   Points are earned on overall spend on Qualifying Transactions.

 

2.3   The spend thresholds and Points awarded are based on the spend criteria of each Member spending at least two thousand pounds (£2,000) per calendar month with ECP (“Monthly Spend”) [(and the Monthly Spend shall be appraised and/or re-determined by ECP on a monthly basis from time to time)].

 

2.4   Once the Member attains the Monthly Spend ECP shall credit the Member a three percent (3%) amount in points on all 1Tec partner brand spend.

 

2.5.    For promotional purposes and from time to time (at ECP’s sole and absolute discretion) Points may be awarded to the Member and shall be calculated and subject to the proportion percentage of a Member’s spend through digital medium (“Digital Spend”) as against the overall Monthly Spend as illustrated in Table A:

 

 

   

 

Working example(s)

 

A Member can view its Points balance on the Website.