Enter the automotive Diamonds world!

The General Terms and Conditions of Business of automotive Diamonds

General Terms and Conditions of Business

The participation in this automotive Diamonds Loyalty Programme is subject to these Terms and Conditions (“Programme Terms”) which consist of this Introduction, the Entry Rules (Section 1), the Programme Rules (Section 2) and the General Terms and Conditions (Section 3).

The automotive Diamonds Loyalty Programme (“Programme”) is a customer loyalty programme sponsored by TRW KFZ Ausrüstung GmbH (“TRW”) via which participants may collect points (“Diamonds”) by purchasing selected products from TRW or third parties participating in the Programme (“Other Sponsors”) and by collecting labels or other packaging elements from such products. Participants may send in the labels by post (or by any other means which may be specifed by TRW from time to time) and have the points credited to their account at www.automotivediamonds.com. Diamonds can then be redeemed for large or small rewards ranging from lifestyle products to workshop equipment through to specialist training courses (“Rewards”).

  • Entry Rules
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    Participants

    The Programme is open to all professional automotive (cars, commercial vehicles and motorcycles) workshops, distributors and wholesalers officially registered in Austria, Belgium, France, Germany, the Netherlands, Poland, Portugal, Spain and the United Kingdom (“Participants”). It is only aimed at businesses, not at consumers or individuals within the businesses. Each Participant will, therefore, be a workshop, distributor or wholesaler business, rather than an individual within such business, even where such a business is not operated through a corporate entity. TRW reserves the right to amend this list of countries as further set out in Section 2.5.1 of these Programme Terms at any time as it sees fit.

    Within the scope of the Programme, only the officially registered owner of the Participant may act in the name of and on behalf of the Participant. If the person acting in the name of and on behalf of the Participant is not the officially registered owner, this person must, at the request of TRW, provide written evidence of his or her authorisation to act in the name and on behalf of the owner of the Participant and only according to its instructions. Employees and non-company staff of TRW and of Other Sponsors, are excluded from participating in the Programme.

    Both the owner of the Participant and any person acting in the name and on behalf of the Particpant must be at least 18 years of age.

    Registration

    Registration for the Programme takes place via the automotive Diamonds Loyalty Programme website at www.automotivediamonds.com.

    An account ("Diamonds Account") can be opened on the Programme website by clicking on “Register” and by following the further account set-up instructions. A valid business e-mail address must be provided in order for a Diamonds Account to be opened. The authorised account holder of the e-mail address provided at registration must give his or her date of birth when registering for an account and will be deemed to represent the Participant as contact person. Each Participant may only open one single account.

    The participation on the Programme commences upon enrolment, when the account is opened through TRW. TRW may reject any application without giving reasons.

    Password

    When opening the account, each Participant must choose a password for personal identification. The password is required to access the Diamonds Account (e.g. for ordering Rewards or checking the online Diamonds Account balance). To avoid misuse, the Participant must ensure that the password is not disclosed to any unauthorised third parties. The Participant will notify TRW at once by mailing to the following address: Info@automotivediamonds.com if there is any suspicion of misuse of the password or the account. TRW is not liable for any losses which arise from the culpable failure to notify TRW or to do so in time. TRW can only be held liable in accordance with Section 3.1 of these Programs

  • Programme rules
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    Collection of Diamonds

    Diamonds can be collected by purchasing selected products from TRW or the Other Sponsors and by collecting labels or other packaging elements (for further information please see at http://www.automotivediamonds.com/en_GB/faq). TRW reserves the right to alter or cancel the methods relating to the collection of Diamonds at any time with future effect.

    Diamonds are personally allocated to an individual Diamonds Account and cannot be transferred or cash disbursed. Diamonds from more than one Diamonds Account may not be combined and redeemed against the same Reward.

    Account information regarding Diamonds collected may be accessed at any time at www.automotivediamonds.com.

    Redemption of Diamonds

    Diamonds may be redeemed against selected products as soon as the account has reached the required amount of Diamonds for the Reward concerned. Diamonds have no cash value and cannot be redeemed for credit. Once a Reward is redeemed it cannot be exchanged against another Reward.

    Rewards

    The Rewards are listed on www.automotivediamonds.com. All Rewards are subject to availability (which may vary depending on date and destination). More information concerning the availability of Rewards can be found on our website.

    Each Reward has a specific value in Diamonds (“Product Point Value”) depending on the product type. The latest Product Point Values can be found at www.automotivediamonds.com. TRW reserves the right to alter the number of Diamonds allocated to specific Rewards during the Programme at any time with effect to all orders of Rewards not issued at the time of the change. This does not affect the number of Diamonds already collected at the time of alteration.

    Validity of Diamonds

    Diamonds have no expiry date. Diamonds will however be lost if the relevant Diamonds Account is closed by the Participant. In case the Programme ends or is no longer offered in a certain country or is terminated by TRW in accordance with Section 2.5.1 of the Programme Terms, Diamonds can be redeemed only for a period of [three (3)] months before the Diamonds will be lost.

    Transactions

    Any transactions and the delivery of all Rewards are governed by the applicable legal provisions and by the present Programme Terms (see Section 3 below).

    Diamonds may not be redeemed until they have been credited by TRW to a Diamonds Account. TRW will endeavour to credit the Diamonds within six weeks upon receipt of the labels or package elements as set out under Section 2.1 of the Programme Terms. TRW is unable to accept any responsibility for disruptions, delays or errors in the postal system affecting the moment at which Diamonds are credited.

    When a Reward is requested, the corresponding number of Diamonds will be deducted from the Participant’s Diamonds Account. Redeemed Diamonds cannot be reused.

    If a transaction for which Diamonds are awarded or redeemed is cancelled, rescinded or not completed, TRW will reverse the credit of Diamonds associated with such a transaction. Rewards may be refused or cancelled in circumstances where insufficient Diamonds are available or where fraud or misconduct is suspected.

    Taxes, Surcharges and Deductions

    Any taxes, surcharges or deductions associated with the issue, use or receipt of a Reward under this Programme must be borne by the Participant.

    Misuse of Diamonds and Breach of Programme Rules

    Diamonds can only be earned, held, transferred or redeemed in accordance with the Programme Rules set out in this Section 2. Any other use, allocation, sale, exchange or transfer of Diamonds or attempt to do so will be regarded as a misuse (“Misuse”) constituting a serious breach of these Programme Rules. Any Diamonds not collected and held in compliance with these Programme Rules are invalid and cannot be redeemed against Rewards. Any such Diamonds will be deducted from the Diamonds Account and TRW will cancel the corresponding Rewards in the event that said Diamonds have already been redeemed.

    TRW or any third party authorised by TRW reserves the right in any case of Misuse caused by a fault of the Participant to refuse to issue any Reward. Any further statutory or contractual rights of TRW remain unaffected.

    Termination, Suspension and Exclusion from the Programme

    Termination
    Participants may close their Diamonds Account at any time by notifying TRW by written notice or any other manner which TRW provides for the termination of the Diamonds Account on its websites at www.automotivediamonds.com.

    TRW may terminate the participation of the Participant in this Programme with four (4) weeks prior written notice if (i) it decides to no longer offer the Programme as such in general or in the country the Participant is located or (ii) in case TRW exercises its right to amend the list of countries according to Section 1.1 of these Programme Terms or (iii) in case a situation occurs as set out in section 2.6.2 of these Programme Terms. This does not affect TRW’s right to terminate the participation for good cause without notice. A good cause exists in particular in the following events:

    (i) in any event of Misuse as set forth in section 2.4 of the Programme Terms;
    (ii) if the Participant provides inaccurate or misleading information;
    (iii) in case of any damaging behaviour towards TRW or Other Sponsors; or
    (iv) any other serious violation by the Participant of these Programme Terms.

    Suspension
    TRW may close down any Diamonds Account in respect of which no log-in has taken place or no Diamonds have been collected or redeemed for a continuous period of at least 36 months.

    Exclusion from the Programme
    TRW may reject any application without giving reasons, in particular in the event that TRW had already terminated an agreement with a Participant for good cause in the past.

    Changes to the Programme and the Programme Rules

    TRW reserves the right to alter or amend the present Programme Rules,the Rewards, the Product Point Value or any other procedures associated with the Programme with future effect at any time if it deems such changes necessary (“Programme Changes”). TRW will publish any Programme Changes on its websites at www.automotivediamonds.com. By collecting and redeeming Diamonds in a Diamonds Account after such notification, Participant expresses its acceptance of any Programme Changes. Participants will be notified by email of any material Programme Change.

    If a Participant rejects the Programme Changes, its participation in this Programme may be duly terminated according to section 2.5.1 of the Programme Terms.

    TRW may transfer all rights and obligations under this Programme to any third party upon written notice in case the Programme is sold or otherwise transferred by TRW to that third party

  • General Terms and Conditions
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    Supply, Shipping and Returns

    TRW aims for Rewards to be shipped within four weeks from redemption. Any dates quoted for delivery are approximate only. TRW reserves the right to substitute a Reward where we are unable to supply the Reward requested. In such a case, TRW will contact and inform the Participant respectively and ask them to request another Reward which is available according to section 2.1.1 of these Programme Terms.

    Once the Reward has been delivered, responsibility for the Reward passes to you, and you will thereafter be liable for any loss or damage sustained.

    If any Reward is defective in any way, or if you receive the wrong item, in the first instance please, contact the TRW Customer Service Centre at Info@automotivediamonds.COM. The TRW Customer Service Centre will discuss the matter with you and will advise you of the appropriate course of action, depending on the nature of the Reward in question. This may involve a collection of the Reward from you or they may direct you to a collection point at which you can return the Reward.

    Warranty, Guarantee and Liability,

    Warranty claims in respect of Rewards, against TRW are subject to the applicable statutory warranty provisions, but shall be time-barred after 12 months of the passage of risk.

    TRW does not give any explicit or implicit guarantee for the Rewards. Such guarantee 
    may only be given by the manufacturers of the Rewards obtained under the Programme.

    TRW is liable for any damages as follows:
    Except in the case of violation of material contractual duties, liability exists only if and to the extent that TRW, its statutory representatives, senior employees or other agents for purposes of performance have engaged in intentional misconduct or acted with gross negligence. In the case of violation of material contractual duties, thus, duties where the compliance is of particular importance for achieving the purpose of this contract and the proper performance of the contract is only first possible upon compliance (“primary duties”- “Kardinalpflicht”), TRW is only liable for culpable conduct on the part of its legal representatives, senior employees or other agents for purposes of performance.

    Aside from intentional misconduct or gross negligence on the part of statutory representatives, senior employees or other agents of TRW for purposes of performance, the liability of TRW is limited to the damages which can be typically foreseen at the time of conclusion of these Programme Terms.

    The above mentioned exclusions and restrictions on liability do not apply for damages resulting from injury to life, physical integrity or health, for legal defects or in the case of assuming express guarantees or in the case of mandatory statutory provisions, such as the German Product Liability Act (“Produkthaftungsgesetz”).

    Data Protection

    Data collected, including any personal data obtained through use of and participation in the Programme, is maintained in accordance with TRW’s Privacy Policy which may be accessed here. The Data Protection Statement should be read carefully by every Participant. Should it be necessary for any reason to transfer personal information outside the EU/EEA for a specific purpose, we will ensure that this information is handled in accordance with the respective applicable European data protection laws.

    Applicable law and Jurisdiction

    These Programme Terms are subject to the law of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods (CISG). Exclusive jurisdiction for all disputes under or in connection with these Programme Terms, including any expansions or supplements to these Programme Terms, as well as individual transactions in connection with this Programme Terms is in Frankfurt am Main.

    Severability

    If any provision of these Programme Terms is or becomes invalid or unenforceable, the validity of the rest of these Programme Terms will not be affected by this. The Parties will use their efforts to replace the invalid or unenforceable provision by a valid and enforceable provision which comes economically as close as possible to the invalid or unenforceable provision. This also applies in the case of a gap in the provisions.

You may contact us via our website at www.automotivediamonds.com or at www.TRWaftermarket.com. You may also contact us by e-mail.

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