Terms and conditions

Scope and purpose of Conditions of Use

This Website is owned by UNITED SOFT DRINKS B.V., which is a company with registered office at Reactorweg 69, Postbus 40225, 3542 AD Utrecht, The Netherlands. Telephone: 030-2410590

The Conditions of Use described here apply to all products offered via the Website and to all accompanying deliveries. Each order implies acceptance of the Conditions of Use to the exclusion of all other conditions.

The contents of the Website can be modified, changed or supplemented at all times without announcement or notification.

Notifications

All notifications relating to the Website, which includes complaints relating to potential legal breaches, and other notifications must take place via info@usd.nl. We will only be able to process such notifications correctly if clear reference is made to the issue concerned.

All notifications issued by UNITED SOFT DRINKS B.V. in relation to the Website will only take place via the e-mail address that you have provided.

Use of the Website

The Website can only be used for personal, non-commercial use in accordance with these conditions of use and possibly any additional conditions mentioned by UNITED SOFT DRINKS B.V..

The following use of the Website is not permitted:

• use in an unlawful manner, in a manner that deviates from these conditions of use or in a manner that unjustifiably suggests a link between you and our products, services or brands;
• use which, in the sole opinion of UNITED SOFT DRINKS B.V., could harm the interests of UNITED SOFT DRINKS B.V. or third parties;
• reproduction or disclosure of (parts of) the Website;
• hacking or attempts to hack the Website.

Intellectual property rights

The contents of this Website, including brands, logos, drawings, data, product or company names, texts, images, etc., are protected by intellectual rights and belong to UNITED SOFT DRINKS B.V. or rightful third parties. None of the Website components can be stored (other than those needed to view the Website), reproduced, changed, disclosed, distributed, sent, sold, transferred or used in any other way unless prior written consent to do so has been provided by UNITED SOFT DRINKS B.V.

Warranty and liability

United Soft Drinks B.V. can offer no guarantees that the Website will function correctly and can in no way be held liable for the Website not working properly or being temporarily (un)available.

Despite every effort, internet services can never be free of potential security risks. Accordingly, UNITED SOFT DRINKS B.V. is not responsible for breaches in the confidentiality of user data, for example, if the Website, the servers of UNITED SOFT DRINKS B.V. or the communication between the Website and the servers is attacked by third parties.

UNITED SOFT DRINKS B.V. is not liable for any direct or indirect damage that can be attributed to using the Website, particularly due to links or hyperlinks on the Website, which includes - without restrictions - work interruptions and damage to the software or hardware that you use, including - without restrictions - supplying incorrect information or loss or damage of data on your device.

The information on the Website is of a general nature. The information has not been modified to suit personal or specific circumstances, and can thus not be regarded as personal, professional or legal advice.

The provisions in these Conditions of Use do not attempt to limit or exclude our liability in case of deliberate intent or serious error.

Additional conditions

The Website may include and refer to the products, services and content of third parties. Unified Soft Drinks B.V. does not manage these third-party products, services and content and is thus not responsible for them. You must read the conditions of use and privacy policy that apply to such products, services and content.

UNITED SOFT DRINKS B.V. organises promotional competitions and commercial promotions on the Website. They are subject to these Conditions of Use, the UNITED SOFT DRINKS B.V. privacy policy and the general terms & conditions of the Online Store for AA Drink Boost Points.

Infringement of validity - non-cancellation

If a provision in the Conditions of Use is deemed invalid, unlawful or void, this will in no way infringe the validity, lawfulness and applicability of the other provisions.

Evidence

You accept that electronic communication and back-ups can serve as evidence.

Applicable law – Disputes

These Conditions are subject to Dutch law only, irrespective of your place of residence. If disputes cannot be resolved via out-of-court procedures, only courts located in the jurisdiction where the registered offices of Unified Soft Drinks B.V. are based will be qualified to hear such disputes.

ARTICLE 1 - Organizer and scope



The AA Drink Boost Club loyalty programme (hereinafter referred to as the 'Boost Club') is organized by United Soft Drinks B.V., with its registered office at Reactorweg 69, 3504 AA Utrecht, the Netherlands (hereinafter referred to as the 'Organizer'), via the website aa-drink.com.

These terms and conditions describe the conditions for participating in the Boost Club, earning and using AA Drink Boost Points, using the Boost Shop, and ordering and receiving products or benefits.

By creating an AA Drink account, participating in the Boost Club, earning or redeeming Boost Points, or placing an order in the Boost Shop, the participant accepts these terms and conditions.

Where additional terms apply to a specific promotion, challenge, campaign, event, code, product, benefit or partner offer, those additional terms form part of these terms and conditions. In the event of a conflict, the specific terms will prevail for the promotion or offer concerned.

ARTICLE 2 - Eligibility and account

Participation in the Boost Club is open to natural persons residing at a Belgian or Dutch postal address. Products from the Boost Shop may also be delivered to physical addresses in Germany in accordance with Article 7, provided that the offer and delivery arrangements allow this.

The participant must be at least sixteen (16) years old. Minors may participate only with the express consent of a parent or legal guardian. Where a minor participates, the Organizer may assume that this consent has been obtained. The Organizer may at any time request proof of identity, age and, where applicable, consent.

A participant may use only one personal account, unless the Organizer expressly determines otherwise. The participant must provide accurate, current and complete information and keep that information up to date.

The participant is responsible for keeping login details confidential and for all activity carried out through the account. Suspected misuse or unauthorized access must be reported to the Organizer without delay.

The Organizer may refuse, restrict, suspend or terminate participation if the participant fails to comply with these terms, provides incorrect information, misuses or manipulates the system, commits fraud or deception, or harms the proper operation or reputation of the Boost Club.



ARTICLE 3 - AA Drink Boost Points rules



3.1 Nature and use of Boost Points

AA Drink Boost Points (hereinafter referred to as 'Boost Points') are digital loyalty points that participants with an active AA Drink account can earn within the Boost Club.

Boost Points may be used for products, discounts, benefits or other applications made available by the Organizer in the Boost Shop or elsewhere within the Boost Club.

Boost Points are not money, electronic money or a means of payment. They cannot be paid out, exchanged for cash, sold, transferred, pledged or used outside the applications offered by the Organizer.

Boost Points are personal and linked to the account. Points from different accounts cannot be combined or transferred. If an account is deleted or permanently terminated, the remaining Boost Points will automatically expire, unless mandatory law provides otherwise.



3.2 General allocation rules

Boost Points are allocated only to an active AA Drink account and only after the relevant activity, code or condition has been validly recorded and, where required, redeemed by the participant or validated by the Organizer.

The Organizer may change the ways in which Boost Points can be earned, the numbers awarded, daily limits, validity periods, redemption conditions and technical operation. Changes will be communicated via the website, the account or another appropriate channel. Rights that have already been definitively acquired will be respected to the extent required by mandatory law.



3.3 Exercising via Strava and Fitbit

The participant may connect the AA Drink account to Strava or Fitbit. An automatically recorded sporting activity lasting at least thirty (30) minutes qualifies for one (1) Boost Point.

Activities entered manually in Strava or Fitbit do not qualify. A maximum of two (2) exercise sessions per participant per calendar day may earn points.

A recorded exercise session appears in the participant’s personal Boost Zone. The participant must redeem the exercise session using the designated function before the point is definitively awarded.

A recorded exercise session remains available for redemption for seven (7) calendar days. A session that is not redeemed within that period expires. The session may remain visible in the history. The Organizer may send a reminder on or around the sixth day, but cannot guarantee that every reminder will reach the participant in time.

After three (3) months of inactivity within the Boost Club, the connection to Strava or Fitbit may be automatically disconnected. The participant may reconnect if this is technically available.



3.4 Uploading sports photos or screenshots

A participant who does not use Strava or Fitbit may use the available functionality to upload a photo or screenshot as evidence of a sporting activity lasting at least thirty (30) minutes.

The Organizer or a jury appointed by the Organizer will assess whether the evidence is sufficient, authentic and relevant. An approved submission qualifies for one (1) Boost Point. This method is also subject to a maximum of two (2) exercise sessions per calendar day.

The Organizer may reject a submission if the activity or duration appears insufficient, the material is unclear, the evidence has previously been used, the material infringes third-party rights, or there are indications of manipulation or misuse.



3.5 Upgrading an exercise session with a product code

A participant may upgrade an eligible exercise session by entering a valid AA Drink product code through the designated redemption function within a maximum of two (2) hours after the end of that exercise session.

A correctly upgraded exercise session awards a total of four (4) Boost Points. The product code used cannot subsequently be redeemed separately.

The two (2)-hour period is determined on the basis of the end time of the exercise session recorded by the system. The Organizer’s technical checks and validations are decisive, except in the case of demonstrable errors.



3.6 Reactivating an expired exercise session

Where this functionality is available, an expired exercise session may be reactivated by entering a valid AA Drink product code. A correctly reactivated exercise session awards a total of three (3) Boost Points.

The product code used cannot subsequently be redeemed separately. The Organizer may set additional conditions, periods or restrictions for this functionality and display them when the functionality is used.



3.7 AA Drink product codes

Selected AA Drink products contain a unique product code. AA Drink Powder, AA Drink Smart Recovery, AA Drink Full Recovery and AA Drink Burner are excluded, unless expressly stated otherwise on the product concerned or as part of a specific promotion.

A valid product code redeemed separately awards two (2) Boost Points. A maximum of two (2) product codes may be entered per account per calendar day.

Each product code may be used only once. Illegible, damaged, falsified, copied, previously used or unlawfully obtained codes do not qualify for Boost Points.



3.8 Inviting friends

A participant may invite friends through the designated functionality. For each friend who validly registers through the personal invitation, the inviting participant receives one (1) Boost Point.

A maximum of five (5) Boost Points per account may be earned through friend invitations during the term of the Boost Club. Self-invitations, fictitious accounts, duplicate registrations and other forms of misuse are not accepted.



3.9 Events, promotions, challenges and promotional codes

The Organizer may award additional Boost Points for participation in AA Drink events, promotions, challenges, campaigns, digital activities or other promotions. The number of points and the applicable conditions will be communicated for each initiative.

The Organizer may issue promotional or administrative codes with a predetermined number of Boost Points. Such codes may be subject to an active period, expiry date, usage limit, target group, or single or multiple use.



3.10 Monitoring, corrections and fraud

The Organizer may monitor activities, uploads, connections, registrations, product codes, invitations and redemptions. If points have been allocated incorrectly, the Organizer may correct the points balance.

If misuse, fraud, manipulation, false evidence, unauthorized use of codes or multiple accounts is suspected or established, the Organizer may withdraw points, cancel activities or orders and temporarily block or permanently terminate the account. Where reasonably possible, the participant will be informed and given an opportunity to report a demonstrable error.



ARTICLE 4 - Monitoring, amendments and termination

The Organizer monitors the proper operation of the Boost Club and may take reasonable technical and organizational measures to protect its integrity, security and proper functioning.

The Organizer may amend, suspend, extend or terminate these terms, the Boost Club, the points mechanism, the offer or parts thereof in the event of force majeure or for legal, technical, program-related, security or organizational reasons.

Material changes will be communicated via the website, the account, email or another appropriate channel. If a change has a materially adverse effect on Boost Points already accumulated, the Organizer will provide an appropriate transitional arrangement to the extent reasonable and legally required.

The Organizer is not liable for amendments, suspension or termination to the extent that these are reasonable, lawful and necessary. This provision does not limit any rights the participant has under mandatory law.



ARTICLE 5 - Offer in the Boost Shop

The Organizer compiles the range of products, discounts, vouchers, partner products and other benefits in the Boost Shop with the greatest possible care. However, information may be incomplete, out of date or contain an obvious error. Obvious mistakes, typographical errors or technical errors do not bind the Organizer.

The offer is valid while stocks last and may be amended or withdrawn. If an offer has a limited validity period, limited availability, a specific target group or additional conditions, this will be stated in the offer.

The required number of Boost Points is stated for each product or benefit. Any shipping, reservation, administration or other costs will be disclosed separately before the order is completed.

Product images are for illustrative purposes. Minor differences in colour, packaging or finish may occur, provided that the delivered product conforms to the contract.



ARTICLE 6 - Online ordering and formation of the contract

The participant may select available products or benefits and add them to the shopping cart. Before placing the order, the participant will receive an overview of the selected items, the required Boost Points, any applicable taxes and any shipping or other additional costs.

The participant must check the order and provide a correct and complete delivery address and contact details. The participant is responsible for errors in the information provided, unless the error is attributable to the Organizer.

The order is placed using the designated confirmation function. Electronic communications, account records and secure system data may be used as evidence of the order and its acceptance.

The contract is formed when the Organizer confirms the order by email or via the account. An automatic acknowledgement of receipt does not constitute final acceptance where it expressly states otherwise.

The Organizer may refuse or cancel an order on reasonable grounds in the event of insufficient points, unavailability, obvious errors, incomplete details, suspected misuse, unusual quantities or previous payment or delivery problems. Any deducted Boost Points will then be restored, unless they were lawfully withdrawn due to fraud or misuse.



ARTICLE 7 - Delivery and performance

Unless otherwise agreed or stated in the offer, physical products will be delivered within thirty (30) days after confirmation of the order.

Stated delivery times are indicative unless expressly designated as binding. Working days do not include weekends or official public holidays.

Products are shipped only to physical addresses in Belgium, the Netherlands and Germany, provided that the product concerned can be delivered to the specified country.

The risk of loss or damage passes to the participant when the participant, or a third party designated by the participant other than the carrier, takes physical possession of the product, subject to applicable mandatory rules.

If a product proves unavailable, the participant will be informed as soon as possible. The Organizer may propose an equivalent alternative. The participant is not obliged to accept this alternative. In the event of cancellation, the Boost Points used and, where applicable, any amounts paid will be refunded.

The participant should preferably report visible transport damage, an incorrect delivery or a missing item as soon as possible via boostplatform@aa-drink.com. A late report does not limit the participant’s statutory rights.



ARTICLE 8 - Right of withdrawal

To the extent that an order qualifies as a distance contract and no statutory exception applies, the participant has the right to withdraw from the contract within fourteen (14) calendar days without giving any reason.

For goods, the withdrawal period begins on the day after the participant, or a designated third party other than the carrier, receives the product. If several products from one order are delivered separately, the period begins after receipt of the last product.

To exercise the right of withdrawal, the participant must send an unambiguous statement to info@aa-drink.com before the end of the period or use an online withdrawal function or model form made available by the Organizer.

After giving notice of withdrawal, the participant must return the products no later than fourteen (14) calendar days to:



Distriworks bv

Generaal de Wittelaan 15

2800 Mechelen

Belgium



The direct cost of returning the products is borne by the participant, unless the Organizer has stated otherwise or is legally required to bear these costs. The participant must handle the product with care and only to the extent necessary to establish its nature, characteristics and functioning. The participant may be liable for any reduction in value resulting from handling beyond what is necessary.

The Organizer will refund the Boost Points used and reimburse any amounts paid by the participant in accordance with the applicable legal rules. The refund may be withheld until the products have been received or the participant has provided proof of return, whichever occurs first.

The right of withdrawal does not apply where a statutory exception applies, including, where relevant, personalized products, goods liable to deteriorate rapidly or sealed products that are not suitable for return for health protection or hygiene reasons once the seal has been broken. Any applicable exception will be stated before the order is placed.



ARTICLE 9 - Statutory warranty and conformity

Products supplied by the Organizer must conform to the contract and comply with the applicable statutory rules on conformity and warranty.

If a product is damaged, defective or non-conforming, the participant may report this via info@aa-drink.com, stating the order number, a description of the problem and, where useful, photographs. The participant is requested to report the defect within a reasonable period after discovering it.

The participant retains all statutory rights, including, depending on the applicable rules and circumstances, repair, replacement, price reduction or termination of the contract. Costs that the seller must bear under mandatory law will not be charged to the participant.

A commercial warranty offered by a supplier or manufacturer does not affect the participant’s statutory rights. The terms of any commercial warranty will be stated with the product or order.

The warranty does not automatically cover damage resulting from incorrect or abnormal use, accidents, negligence, insufficient maintenance, failure to follow instructions for use, unauthorized modifications or normal wear and tear. The statutory assessment of the specific defect remains applicable.



ARTICLE 10 - Liability and technical availability

The Organizer aims to ensure the correct and uninterrupted operation of the website, Boost Zone, Boost Shop, redemption functions, email messages, promotional codes and connections to Strava and Fitbit, but cannot guarantee that these components will always be available without interruption, delay or error.

The Organizer is not responsible for interruptions or errors caused exclusively by external services, internet connections, devices or software used by the participant, insofar as these circumstances are beyond the Organizer’s reasonable control.

The participant remains responsible for redeeming points or sessions on time. The failure to receive a reminder email, or its late receipt, does not automatically extend the validity of an exercise session. In the event of a demonstrable system error, the participant may contact the Organizer, which will reasonably investigate the situation.

The Organizer is not liable for indirect or consequential loss or loss of profit, to the extent that such exclusion is permitted by law. No limitation of liability applies in the event of intent or gross negligence by the Organizer, or where exclusion is not legally permitted, including, where applicable, liability for death or personal injury.

Nothing in these terms limits consumers’ mandatory statutory rights.



ARTICLE 11 - Personal data

The Organizer processes personal data in connection with the Boost Club in accordance with applicable data protection legislation, including Regulation (EU) 2016/679, the General Data Protection Regulation.

Depending on use, the data processed may include account and contact details, date of birth, address, account status, profile type, points balance, transaction and order data, exercise session history, reactivation status, photographs or screenshots, and data from connected Strava or Fitbit accounts.

This data may be processed for account management, validation and allocation of Boost Points, displaying and redeeming exercise sessions, fraud prevention, processing and delivery of orders, customer service, security, analysis and improvement of the Boost Club, and communications about activities through which Boost Points can be earned.

Newsletters and direct marketing communications are sent only on the basis of a valid legal basis. The participant may unsubscribe at any time using the unsubscribe option in the communication or by contacting info@usd.nl.

Data may be shared with processors and service providers that support the Organizer, such as technical platform providers, logistics partners, email services and connected sports services, insofar as necessary and subject to appropriate agreements and security measures.

Subject to the applicable legal conditions, the participant may request access, rectification, erasure, restriction, objection or portability. Requests may be sent to info@usd.nl. The Organizer may request appropriate identification without requesting more data than necessary.

Further information about retention periods, legal bases, recipients, international transfers and complaint rights is set out in the privacy policy on the website. In the event of a conflict concerning the processing of personal data, the privacy policy prevails to the extent permitted by law.



ARTICLE 12 - Cookies and similar technologies

The website and the Boost Club may use cookies and similar technologies to enable the technical operation of the website, remember preferences, measure performance and, where consent is required, enable personalized content or marketing.

Necessary cookies may be placed without consent to the extent permitted by law. Consent is requested in advance for other cookies via the cookie settings.

The participant may adjust cookie preferences via the cookie settings and, depending on the browser, delete or block cookies. Blocking necessary technologies may prevent certain components from functioning correctly.

Further information is available in the cookie policy on the website.



ARTICLE 13 - Complaints

Questions or complaints about the Boost Club, Boost Points, orders or these terms may be addressed to:



Unified Soft Drinks B.V.

Attn. MARKETING AA DRINK BENELUX

Reactorweg 69

3504 AA Utrecht (the Netherlands)

info@usd.nl



The participant should preferably state the name, the email address linked to the account, a clear description and, where applicable, the order number or relevant supporting documents.

The Organizer aims to respond to questions and complaints within a reasonable period and, where possible, within seven (7) calendar days. If further investigation is required, a substantive response may follow later.

The participant retains the right to submit a dispute to a competent out-of-court dispute resolution body or court where applicable law provides for this.



ARTICLE 14 - Severability and no waiver

If any provision of these terms is declared wholly or partly invalid, unlawful or unenforceable, the remaining provisions will remain in full force and effect.

The invalid or unenforceable provision will, where possible, be replaced or interpreted by a valid provision that most closely reflects its purpose and scope, with due regard for mandatory law.

The Organizer’s failure to exercise, or immediate failure to exercise, any right does not constitute a waiver of that right. A one-off deviation does not create a right to future deviations.



ARTICLE 15 - Governing law and competent court

These terms, the Boost Club and the agreements between the Organizer and the participant are governed by Dutch law.

This choice of law does not deprive the participant, as a consumer, of the protection afforded by mandatory provisions of the law of the country in which the participant has their habitual residence, where such provisions cannot be contractually excluded under the applicable rules.

Disputes will be submitted to the competent court in accordance with the applicable statutory rules on jurisdiction. A consumer retains all rights to bring proceedings before a court that has jurisdiction under mandatory law.