CCC Terms & Conditions

General Terms and Conditions of Participation - Citizen Consul Club

(As per March 2013)

Preamble

The Citizen Consul Club (hereinafter referred to as “CCC”) bonus programme, which has been set up for dealers of Citizen printers as defined by paragraph 1.1 of these Terms and Conditions of Participation, is operated by Citizen Systems Europe GmbH (hereinafter referred to as "Citizen"). Under the CCC bonus programme, eligible dealers may collect CCC bonus points and receive attractive bonuses or special conditions from Citizen.

CCC bonus points collected by dealers for purchases of Citizen printers from authorised Citizen distributors are credited to CCC bonus point accounts which are managed via an online portal set up and operated by Citizen.

The Citizen Consul Club bonus programme represents a voluntary service by Citizen.

1. Participation

1.1 Eligibility

Businesspeople and companies who sell Citizen printers to end customers on a commercial basis and do not sell such printers via online distribution (hereinafter referred to as "Resellers") are eligible to participate in the club. The participating Resellers must be based in one of the countries listed in the "CCC Member Countries" Appendix. Resellers acting as private persons or in a capacity that cannot be attributed to their commercial or freelance activities are not eligible. The place of business as defined by the CCC is the place in which the participant’s head office is located. Upon request, evidence of this location shall be provided to Citizen.

1.2 Registration

Resellers may register on the online portal set up by Citizen at www.consul-club.com (hereinafter referred to as "CCC Portal") and apply for participation in the CCC. After registration, Resellers will receive a letter from Citizen confirming that their personal CCC point account has been set up. In the same letter, Resellers will receive their personal CCC participant number and a PIN number for their participation in the CCC. Once Resellers have received notification that their personal CCC point account has been set up, they are entitled to participate in the CCC.

A general right to participation in the CCC does not exist. Citizen may refuse admission without stating any reasons.

1.3 Authorised Citizen distributors

In their application for participation, Resellers shall specify an authorised Citizen distributor from who they purchase the goods for which they intend to receive bonus point credits. The list of authorised Citizen distributors plus respective contact details can be accessed at www.consul-club.com upon registration.

The Resellers’ CCC point accounts will be attributed to their specified distributors. CCC points cannot be credited to the Resellers’ CCC point accounts unless the purchased goods can be attributed to specified Citizen distributors.

Resellers may apply for CCC accounts with several authorised Citizen distributors in order to receive bonus point credits if they obtain goods from various Citizen distributors. In this case, a separate CCC point account shall be managed for each distributor, whereby the addition or otherwise transferal of points to different accounts is prohibited. Accordingly, bonuses may only be granted separately for each CCC bonus point account on the basis of the CCC bonus points collected on the specific account.

1.4 Participant number and personal identification number (PIN)

In accordance with the detailed description under paragraph 1.2, Resellers shall receive a personal participant number and a PIN number after registration. This log-in data shall serve Resellers to manage their personal CCC point accounts (e.g. checking current CCC point account balances or requesting bonuses). Resellers shall ensure that no unauthorised third parties gain knowledge of their participant number and PIN number.

Where any misuse of the participant number and/or the PIN number is suspected, Resellers shall inform Citizen without delay. Citizen’s liability for any damage arising as a consequence of the Resellers’ failure to notify, or delay in notifying, Citizen until the receipt of such notification shall be limited by the liability provisions set out in paragraph 7.

2. CCC point account

2.1 General information

CCC bonus points shall be credited to the Resellers' CCC bonus point accounts for purchases of Citizen printers via the specified authorised Citizen distributor (cp. paragraph 1.3 of these Terms and Conditions of Participation). The distributor as identified within the registration procedure will inform Citizen about any of the product purchases relevant for the CCC bonus points to be credited. The CCC bonus points may not be used for purposes other than those set out in the Terms and Conditions of Participation or other information provided by Citizen in respect of the CCC (e.g. the CCC Bonus Point Catalogue).

The Resellers' collected CCC bonus points and their CCC bonus point accounts may not be transferred to third parties. Neither may they be converted into cash unless a respective provision is included in these Terms and Conditions of Participation or in the CCC Bonus Point Catalogue.

2.2 Account balance

Resellers may check the current balance of their CCC accounts via the CCC Portal (www.consul-club.com) by entering their CCC participant number and their PIN number. Any complaints or requests for corrections regarding account balances shall be submitted within two weeks after Citizen has first reported the CCC point account balance. Any complaints made at a later date shall not be considered and the balance of the CCC bonus point account shall be deemed approved or accepted by Resellers upon expiry of the two-week period.

3. Acquisition of CCC bonus points

3.1 General information

CCC bonus points may be acquired once registration is completed. Any CCC bonus points acquired for purchases from the authorised Citizen distributor specified at registration that were effected between the Resellers' registration and Citizen's confirmation shall be credited retroactively once the respective CCC bonus point account has been set up.

The number of credited CCC bonus points is based on the CCC Bonus Point Catalogue applicable to Resellers at the time of the purchase.

3.2 Purchase of Citizen products

Subject to the provisions under this paragraph 3, respective CCC bonus points shall be credited to the Resellers’ CCC bonus point accounts for each purchase of a Citizen product listed in the CCC Bonus Point Catalogue.

The amount of the respective CCC bonus point credit is determined by the CCC Bonus Point Catalogue valid at the time of purchase.

3.3 Further acquisition of CCC bonus points

Citizen will notify Resellers of any other opportunities to acquire CCC bonus points and of the associated conditions (e.g. special promotional campaigns).

3.4 Crediting process

Once Citizen has been notified of Resellers’ purchases from the responsible authorised Citizen distributors that entitle them to bonus points, the respective bonus points shall be credited to the Resellers' CCC bonus point accounts. The bonus points shall be credited within one month and no later than three months after the responsible authorised Citizen distributors have received payment for the goods from the Resellers.

Resellers are aware of the fact that CCC bonus points may not be credited if purchases of the relevant Citizen products are affected via distributors other than the authorised Citizen distributor or if Resellers purchase relevant goods from authorised Citizen distributors without having specified such distributors for a CCC point account.

3.5 Returns

Should the purchase of Citizen products that entitles a Reseller to a CCC bonus point credit not be effected at the agreed purchase price or be rescinded (e.g. through cancellation, withdrawal, etc.), Citizen reserves the right to refrain from crediting the initial CCC bonus points to the Reseller‘s CCC bonus point account or to cancel the points without replacement if they have already been credited.

4. Redemption of CCC bonus points

4.1 General information

All Resellers may cash in their CCC bonus points for bonuses according to their CCC status as specified in paragraph 4.2 or benefit from the special conditions stated therein. At present, bonuses are granted in the form of gifts or cash credit (CCC cash back).

4.2 Resellers’ CCC status

Upon registration with the CCC, Resellers acquire the Reseller + status. Depending on the number of CCC bonus points credited to their CCC bonus point accounts per calendar year, Resellers may acquire the status of Reseller ++ or Reseller +++.

Upon reaching a higher status, Resellers are granted additional benefits or bonuses. The detailed conditions that have to be met to acquire the various Reseller status levels and the associated benefits or bonuses are set out in the CCC Bonus Points Catalogue.

4.3 Redemption of bonuses

CCC bonuses may be applied for via the CCC Portal by entering the CCC participant number and the PIN number. Citizen shall provide Resellers with written confirmation of their applications within 10 days of receipt via the CCC Portal and notify the participants of the period during which thebonus will be granted.

Citizen shall inform the Resellers of any other options of applying for bonuses if applicable.

Granted bonuses may not be combined with other Citizen products or services provided at reduced prices.

The entitlement to redeem bonuses may not be transferred to third parties.

4.4 Compliance

Any bonuses will be granted to Resellers exclusively for the successful business cooperation with the Citizen-Distributor and the respective bonus points acquired thereby. The requirement to scrutinize whether the receipt of bonuses stands in compliance with any internal rules of the company of the Reseller, especially any codes of conduct, is exclusively the obligation of the Reseller and the persons acting in its name and on its behalf.

4.5 Unauthorised use

The transfer of CCC bonus points by selling, exchanging or transferring points to third parties in any other manner is prohibited. The same applies to correctly requested bonuses before their receipt by the participants. Neither may Resellers aid and abet third parties in the above activities.

In the case of Resellers’ misuse of the CCC, Citizen reserves the right to refrain from granting a bonus or crediting or cashing in CCC bonus points.

Citizen’s right to assert further claims against Resellers, including claims for damages, shall remain unaffected. Should bonuses or special conditions be granted on the basis of dishonestly acquired CCC bonus points, Citizen reserves the right to claim respective damages from Resellers. The amount of the damages per bonus point is set out in the currently for the participant applicable CCC Bonus Point Catalogue. Resellers retain the right to prove that no or minor damage has arisen.

5. Expiry of CCC bonus points

Should Resellers fail to cash in CCC bonus points for a bonus or for special conditions within 36 months of the date on which Citizen has credited the points to the CCC point account, the points shall expire at the end of the quarter following the end of the 36 month period.

6. Modification, termination of contract and suspension of the CCC

6.1 Modification of the CCC programme

Citizen is entitled to modify and/or supplement the Terms and Conditions of Participation and the granting of bonuses provided that no unreasonable disadvantage arise to Resellers from such modification.

Resellers shall be notified of any such modifications via the CCC Portal. Modifications or additions shall be deemed accepted by the Resellers if they fail to submit a written objection to Citizen within six weeks of the notification.

6.2 Modification of the CCC programme

Resellers may terminate their participation in the CCC at any time without notice. Such termination may be effected. A termination requires written form (Par. 126 German Civil Code) and shall be addressed to Citizen Systems Europe GmbH, Otto-Hirsch-Brücken 17, 70329 Stuttgart, Germany.

A four-week notice period applies to any regular termination of Resellers’ CCC participation contracts by Citizen. The right to a termination for cause without notice shall remain unaffected. Cause is found to exist if Resellers are responsible for a serious breach of the CCC Terms and Conditions of Participation or any other provisions applying to the CCC. Further claims (especially claims for damages) shall remain unaffected by any termination.

If cause is found to exist that entitles Citizen to terminate the contract for cause without notice, Citizen is entitled to suspend the CCC bonus point account forthwith. Once Citizen has pronounced a termination for cause, the respective Resellers are excluded from renewed participation in the CCC.

6.3 Legal consequences of termination

In the case of a regular termination by Resellers or by Citizen, the CCC bonus points shall remain valid for a period of six months after the termination is effected and may be cashed in. The provision under paragraph 5. shall remain unaffected. Should Citizen effect a termination for cause without notice, the bonus points shall expire upon the Reseller’s receipt of the termination notice.

6.4 Suspension of the CCC

Citizen is entitled to suspend the CCC programme at any time. In this case, Citizen shall terminate the Resellers’ participation contracts via regular termination.

7. Liability

Subject to any other special provisions in these Terms and Conditions of Participation, the following applies to any damage arising to Resellers in connection with their participation in the CCC that is caused by Citizen or its vicarious agents:

No limitations on liability apply in the case of intent or gross negligence and in the case of liability by warranty. Liability is also unlimited in the case of minor negligence resulting in injury to life, body or health. Where essential contractual obligations are breached owing to minor negligence, liability is limited to the associated material damage and property loss in the amount of the foreseeable damage that typically arises in such cases. Essential contractual obligations consist of those that must be met to permit the proper performance of the contract and on the fulfilment of which Resellers may generally rely. Any further liability for compensation has been excluded with the exception of claims under the Product Liability Act.

8. Data protection

Personal data associated with participation in the CCC shall exclusively be used and processed for purposes of implementing the programme in accordance with the respective provisions of the applicable statutory laws regarding data protection, especially the Federal German Data Protection Act and the Telemedia Act.

Within the aforementioned scope the Resellers’ personal data will be transmitted to the authorised Citizen distributor as identified by the Reseller according to Sec. 1.3 of these terms and conditions.

Further information regarding data protection is provided by the separate CCC data protection notice which is applicable in addition to the provisions of statutory law provisions with regard to the collection and use of personal data after respective consent is declared by the reseller, The CCC data protection notice is available on the CCC Portal and may also be requested by email from Citizen’s data protection officer at cccadmin@citizen-europe.com.

The data protection notice also sets out the details pertaining to the Resellers’ declaration of consent.

9. General provisions

9.1 Applicable law, place of jurisdiction

The CCC and these Terms and Conditions of Participation are exclusively subject to German law. The place of jurisdiction for any dispute arising from and in connection with these CCC Terms and Conditions of Participation is Stuttgart.

9.2 Severability clause

Should individual clauses under these Terms and Conditions of Participation, or elements thereof, be invalid, the validity of the remaining provisions under these Terms and Conditions of Participation and of other provisions in connection with the CCC shall remain unaffected. In this case, the invalid provision shall be replaced with a legal provision that approximates the economic purpose or intent of the invalid provision as closely as possible.

Data Privacy Statement – Citizen CCC Portal -> click here