ARTICLE 1 - Organiser
The AA Drink Boost Points loyalty scheme is organised by United Soft Drinks BV - which has registered offices at Reactorweg 69, 3504 AA Utrecht, the Netherlands (hereinafter ‘Organiser’) - via the Online Store www.aa-drinks.com (hereinafter “the Online Store”).
The rules and conditions relating to this scheme have been described below.
ARTICLE 2 – Conditions for participating in the loyalty scheme
All participants in this loyalty scheme must reside at a (postal) address in Belgium or the Netherlands.
Only natural persons with a minimum age of 16 years may enter this loyalty scheme. Minors may only enter this loyalty scheme after receiving explicit consent from their parents or guardian. In the event of a minor entering the loyalty scheme, the Organiser shall assume that they have the consent of their parents/guardian. Participants must be able to prove their identity and age at all times. If the minor is unable to provide proof of such consent, he/she may be denied further participation in this loyalty scheme or have his/her right to AA Drink Boost Points withdrawn at any time.
The Organiser reserves the right to exclude participants who do not comply with the conditions of these regulations, who abuse or manipulate the system, or who commit fraud or deception.
ARTIKEL 3 – Rules for AA Drink Boost Points
What are AA Drink Boost Points?
- Boost Points are virtual coins that participants can collect if they have an AA Drink account.
- People with an AA Drink account can be awarded Boost Points as long as the loyalty programme is running.
- These AA Drink Boost Points can be used to purchase products in the Online Store.
- Earned Boost Points will remain valid for 1 year from the day on which they were acquired.
- Boost Points cannot be expressed in monetary value and cannot be exchanged for cash.
- You can only use AA Drink Boost Points in the Online Store of the Organiser.
- Boost Points can only be earned by persons who have created an account in the Online Store.
- Participants with an active AA Drink account can earn a maximum of 2 Boost Points per day by exercising. However, they can earn multiple AA Drink Boost Points by, for example, exercising for a minimum of 30 minutes twice a day and entering product codes on the site and/or by inviting friends.
- The Organiser reserves the right to change the activities or exercise sessions which qualify participants for Boost Points, and to change the range in the Online Store as well as the number of Boost Points that can be exchanged for a specific product in the Online Store.
- Boost Points cannot be accumulated from different accounts. Boost Points will automatically expire when the participant’s account is terminated and will not be transferred to another account.
- Participants are agreeing with these general terms & conditions by exchanging Boost Points for products in the Online Store.
How are AA Drink Boost Points awarded?
AA Drink Boost Points can only be awarded if the participant has created an AA Drink account in the Online Store.
AA Drink Boost Points can be awarded in various ways:
- By exercising via Strava and Fitbit apps.
Participants that possess an AA Drink account can link this account to Strava or Fitbit:
Via Strava:
By linking their Strava account to their AA Drink account in the Online Store at www.aa-drink.com, participants can send their Strava data to the Organiser to demonstrate that they have exercised for at least 30 minutes.
Please note: Manually entered sessions in Strava will not be taken into account and will not result in AA Drink Boost Points being earned.
You will earn 1 AA Drink Boost Point for each 30-minute sporting activity on Strava. You can earn a maximum of 2 AA Drink Boost Points by exercising during any 24-hour period.
Via Fitbit:
By linking their Fitbit account to their AA Drink account in the Online store at www.aa-drink.com, participants can send their Fitbit data to the Organiser to demonstrate that they have exercised for at least 30 minutes.
Please note: Manually entered sessions in Fitbit will not be taken into account and will not result in AA Drink Boost Points being earned.
You will earn 1 AA Drink Boost Point for each 30-minute sporting activity on Fitbit. You can earn a maximum of 2 AA Drink Boost Points by exercising during any 24-hour period.
- By uploading exercise photos.
People who do not have Fitbit or Strava can use the Online Store to upload photos which show the participant exercising for at least 30 minutes, or can upload a screenshot of a sporting activity of at least 30 minutes. For the duration of this loyalty scheme, a jury - appointed by the Organiser - will determine whether participants have exercised or are exercising. The jury's decision concerning the validity of the supplied evidence is irrevocable and final.
You will earn 1 AA Drink Boost Point if you upload a photo which is then validated by the jury.
- By participating in certain sporting competitions.
You can also earn AA Drink Boost Points by taking part in sports events sponsored by AA Drink. The number of AA Drink Boost Points you earn depends on the event in question.
- By buying AA Drink products.
The label on each AA Drink product (with the exception of AA Drink Smart Recovery and AA Drink Full Recovery) features a code. The code can be entered via the account page on the website. Each entered code guarantees 1 AA Drink Boost Point. You can enter a maximum of 2 codes per day.
- By inviting friends.
People with an active AA Drink account can also invite their friends, and thus earn extra AA Drink Boost Points in the process. You will earn 1 AA Drink Boost Point for every friend that registers via your referral. In order to avoid fraud, a maximum of 5 AA Drink Boost Points can be earned by inviting your friends during the course of the promotion.
- By participating in AA Drink events and competitions.
Persons that have an AA Drink account and participate in competitions via www.aa-drink.com are able to earn extra Boost Points. The number of AA Drink Boost Points you earn depends on the event in question.
How many Boost Points can you collect each day by exercising?
A maximum of 2 AA Drink Boost Points per day will be awarded to each participant that exercises. If the participant, for example, exercises more than 2 x 30 minutes in 1 day - and this activity is logged in the Fitbit app or Strava app and the same participant also uploads 2 photos on that day, he/she will only earn 2 Boost Points on the day in question, irrespective of his or her activity.
ARTICLE 4 - Supervision
The Organiser will supervise the loyalty scheme to ensure that it runs smoothly. It reserves the right to exclude participants from the loyalty scheme in the event of non-compliance, or in the event of abuse, deception, fraud or bad faith. By entering the loyalty scheme, the participant accepts the rules of the loyalty scheme. The Organiser reserves the right to make changes to the rules at any time and to change, extend or cancel the loyalty scheme in the case of force majeure, or for programming, technical or organisational reasons.
The Organiser cannot be held liable for any changes to or suspension or cancellation of the loyalty scheme. The results of the loyalty scheme are binding and irrevocable and cannot be contested.
ARTICLE 5 - Range of Products
While the product catalogue on the website has been compiled with the greatest possible care, the information provided may still be incomplete, contain material errors or not be up-to-date. Apparent mistakes or errors in the range will not bind the Organiser. The Organiser is only bound by a best-efforts obligation as regards the correctness and completeness of the information offered. Under no circumstances will the Organiser be liable for obvious material, formatting or printing errors.
The range will only be available while stocks last and can be modified or revoked by the Organiser at any time. The Organiser cannot be held liable for a particular product being unavailable. If an offer is only available for a particular period or under certain conditions, this will be explicitly mentioned in the offer.
All product prices stated are expressed as (swappable) Boost Points. If delivery, reservation or administration costs apply, this will be mentioned separately.
Photos that accompany products are intended for decorative purposes and may contain elements that are not included in the price.
ARTICLE 6 - Online purchases
The agreement between you and the Organiser will come into effect when you meet the conditions stipulated by the Organiser, subject to the right to withdraw the order (as determined below).
The absence of an ordinary signature does not prejudice the binding nature of the offer nor its acceptance. You accept that electronic communications and backups can serve as evidence.
You can personally decide which of the products in your shopping cart you want to purchase. By selecting the shopping cart, you will see a complete overview of:
- the products that were ordered;
- the individual prices, expressed in AA Boost Points, of the products concerned;
- the total price, including VAT, for the whole purchase, expressed in AA Boost Points;
- the delivery costs (if applicable) which are charged to supply your order.
We will process your order as soon as it is received.
In order to avoid errors, you are responsible for registering the correct delivery address.
The Organiser retains the right to refuse an order or to impose extra conditions, such as for large orders, orders by minors, incomplete ordering procedures or problems with past orders.
The Organiser will always confirm purchases via e-mail. The agreement will not come into effect until a confirmation e-mail has been sent.
ARTICLE 7 - Delivery and execution of the agreement
Unless agreed or explicitly determined otherwise, the goods will be supplied to the participant’s place of residence within 30 days of the order being received.
The delivery periods mentioned by the Organiser are indicative. The mentioned delivery period is expressed in working days, which means excluding weekends and public holidays.
Ownership and risks relating to these products will transfer to you once the products have been supplied to the address you provided.
If you order a product that is not in stock, you will be notified of this via e-mail once the order has been placed.
Products from the Online Store will only be delivered to physical addresses in the Netherlands, Belgium and Germany.
Any visible damage and/or faults in items, or faults in the delivery, must be reported to the Organiser immediately.
ARTICLE 8 - Right of cancellation
You are entitled to cancel the order, without penalty or mention of a reason, within the cooling-off period of 14 calendar days from the day following the date of order or delivery.
We expect you to treat products and packagings with due care during the cooling-off period. Your right to cancel will expire if the product and packaging are no longer in the original, complete, undamaged and unused condition.
If you wish to exercise your right to cancel, you must clearly state this in writing within 14 calendar days from the day following the date on which the product was ordered or delivered. You can do so by means of this form. You must return the undamaged, unused and unopened products (in original condition and packaging) to the following address within 14 calendar days of receipt:
Distriworks bv
Generaal de Wittelaan 15
2800, Mechelen
Belgium
The date of dispatch will serve as a check. All supplied documentation, guarantee certificates and packaging materials must also accompany the return delivery.
The direct costs of return will be at your expense. Unstamped or insufficiently stamped consignments will always be refused and returned to the sender.
The Organiser will only refund you by swapping the goods for AA Boost Points, as those were used for the original transaction. You will not be charged for any costs of such refunds.
ARTICLE 9 - Guarantee
The products offered by the Organiser comply with all legal norms.
If a visible fault or shortcoming is discovered upon delivery, you must report this to the Organiser within 7 working days of delivery by sending an e-mail to info@aa-drink.com.
Hidden faults must be reported in writing via e-mail, within 2 workings days of discovery and certainly within 2 months of being confirmed. All rights to repair or replacement will expire thereafter.
The Organiser will comply with the official guarantee guidelines of its suppliers. They will always be stated when the product is ordered. The Organiser will be responsible for settling the guarantee, except for the shipment costs that you incur when returning the product.
The (commercial and/or statutory) guarantee will never apply to defects caused by accidents, neglect, falls, use of the item for purposes for which it was not designed, failure to comply with user instructions/the user guide, modifications or changes to the item, improper use, poor maintenance or any other abnormal or incorrect use.
Defects which manifest themselves after a period of 6 months from the date of purchase or delivery will not be regarded as hidden faults unless you can prove otherwise.
ARTICLE 10 – Liability
The Organiser is not liable for product-related technical details which have been supplied by suppliers or manufacturers. The Organiser will endeavour to share this information correctly.
A product may sometimes be unavailable due to unintentional errors in stock information, or because certain components are unavailable. In such cases, the Organiser will notify you as soon as possible and propose an alternative solution.
The Organiser cannot be held liable for technical problems with the Online Store, the Strava and Fitbit apps and/or the e-mail system. Nor can the Organiser be held liable for any incompatibility between the technology used for the loyalty scheme and the hardware and/or software configuration used by the participant.
In any cases in which we may be held liable, our liability will, as far as legally permitted, be limited to the trade-in value of the AA Boost Points that you received. The provisions in these general terms & conditions do not attempt to limit or exclude our liability in case of deliberate intent or serious error.
ARTICLE 11 - Personal data
By participating in this promotion and by creating an AA Drink account in the Online Store, the participant agrees to their personal data (last name, first name, email address, date of birth, telephone number, address, (if applicable) photo or Fitbit/Strava data) being processed by the Organiser, the data controller, in accordance with EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The Organiser is permitted to use personal data provided by the participant via the app and device link configured by the participant for the following purposes:
- To view your personal data (photos/workouts) in the Online Store as part of this promotion, with a view to awarding the AA Drink Boost Points;
- To process your order using AA Drink Boost Points;
- To send newsletters;
- To inform you about other activities that allow you to save Boost Points;
- For advertising and marketing purposes.
You have a legal right to access your data; a right to correct your data or have it corrected; a right to delete your data; a right to object to the processing of your data; a right to limit the processing of your data, and a right to have your data transferred. After providing proof of identity (copy of identity card), you can submit a written, dated and signed request to the Organiser (to the following address: info@usd.nl) in order to receive a copy of your personal data free of charge.
You are entitled to object (free of charge) to your data being used for marketing purposes. You can do this at any time by contacting the Organiser at the following address: info@usd.nl.
We will treat your data as confidential information and will not share, rent or sell it to third parties.
You are personally responsible for ensuring confidentiality when using your login details and your password. Your password will be saved in encrypted form; the Organiser is thus unable to access your password.
The Organiser will register (anonymous) online visitor statistics to examine the extent to which each page on the website is visited.
You can visit the Online Store to access a complete version of the privacy policy. If you have questions about our privacy policy, please contact us via the following address: info@usd.nl.
ARTICLE 12 - Use of cookies
‘Cookies’ may be placed on the hard drive of your computer when you visit the Online store. A cookie is a text file that a website server places on your computer or mobile device when you access a particular website. Cookies cannot be used to identify people; a cookie can only be used to identify a particular machine.
You can configure your internet browser so that it does not accept cookies, sends you a warning when a cookie is installed or later automatically removes cookies from your hard drive. This can be done by altering the settings of your browser (via the ‘Help’ feature). When doing so, bear in mind that certain graphics may not appear correctly or that you may not be able to use certain applications.
By using our website, you are also agreeing with our use of cookies. You can visit the Online Store to access a complete version of the cookie policy.
ARTICLE 13 – Complaints
In the event of complaints regarding this promotion, the Organiser should be contacted by sending a letter or e-mail to:
Unified Soft Drinks B.V.
F.A.O. MARKETING AA DRINK BENELUX
Reactorweg 69
3504 AA Utrecht (Netherlands)
info@usd.nl
Complaints will only be considered if they have been received via this channel.
The Organiser will endeavour to process questions and complaints within a reasonable period of 7 calendar days.
You can also report your complaints via the ODR platform (https://webgate.ec.europa.eu) of the European Commission. This platform has been established by the EU for all consumers in Europe.
ARTICLE 14 - Infringement of validity - non-renunciation
If a provision in these Terms & conditions is deemed invalid, unlawful or void, this will in no way infringe the validity, lawfulness and applicability of the other provisions.
Failure by the Organiser to enforce one of the rights summarised in these Terms & conditions, or to exercise another of these rights, will never be regarded as renunciation of such provisions and will never affect the validity of these rights.
ARTICLE 15 - Applicable law and authority
These rules are governed by Dutch law and shall be interpreted or implemented in accordance with Dutch legislation. The courts in the jurisdiction of the Organiser’s registered office have sole authorisation for settling any disputes that may arise from this promotion or from the interpretation or application of these rules.