IM+ Loyalty Programme rules

  1. The IM+ Programme is based on a points system, in which points are awarded by the provider of the IM+ Programme. The awarded points will be updated periodically and displayed on the Internet Website, and will entitle the Participant to choose from the goods that are offered on this Internet Website.
  2. Every Participant of the IM+ Programme must agree to the applicability of these Terms and Conditions for Participants, by which act a separate agreement is concluded between the Participant and Sparco International B.V. (hereinafter: “Sparco”), to which these Terms and Conditions for Participants apply. These Terms and Conditions for Participants shall exclusively apply to the IM+ Programme and any orders by the Participants made in the context of the IM+ Programme. The applicability of any other General Terms and Conditions or a referral thereto shall not be accepted by Sparco.   
  3. The points balance of the Participants is a virtual balance which can exclusively be used to purchase products on the dedicated Internet Website for the IM+ Programme.
  4. The purchase price of the Product shall be determined on the basis of the purchase price as it applies at the time the Participant places an order via the Internet Website. A fixed minimum or maximum number of points to be spent may apply to an order or an ordered product.
  5. The points saved can never be exchanged for money, cash or any other monetary value. In addition, Sparco shall never be obliged to refund points saved or to pay out the monetary value, either fully or partially, of the goods offered.  
  6. The points saved are valid up to a maximum of 2 years. Points earned in 2020 will expire on 31-12-2021, points earned in 2021 will expire on 31-12-2022 etc.
  7. The selling on of savings points or the use of these points, in any way whatsoever, for commercial purposes or other purposes than those for which they were issued, is not allowed. Sparco and/or the provider of the IM+ Programme reserve the right not to award points or to deduct points where applicable.  
  8. Participants may not make use of any cashback actions or other promotions or other actions from suppliers of the products offered in the IM+ Programme.
  9. Sparco, the provider of the IM+ Programme and/or the participating companies shall, at all times, be entitled to refuse and to withdraw points that are offered to them, in case they suspect fraud, deceit, incomplete or incorrect information, abuse of the action or if such would - at their discretion - cause damage to Sparco, the provider of the IM+ Programme and/or the participating companies. Sparco shall be entitled to report such cases to the police.
  10. In case of any circumstances beyond the control of Sparco, Sparco shall be entitled to suspend or terminate the IM+ Programme.
  11. Sparco shall not be liable for any taxation levied on the Participant ensuing from participation in the IM+ Programme.
  12. In consultation with the provider of the IM+ Programme, Sparco is entitled to unilaterally alter the Terms and Conditions for Participants of the IM+ Programme, and of the goods to be acquired and the manner in which the points are calculated, due to reasons of deliverability and/or pricing.
  13. Sparco shall not be liable for inaccuracies and typesetting errors on the Internet Website of the IM+ Programme.
    If any disputes arise in the execution of the IM+ Programme, Sparco's management board is exclusively competent to decide on the dispute.
  14. Employees of Sparco shall be excluded from participation in the IM+ Programme.
  15. The Participant shall be entitled to exchange points for goods which are offered in the context of the IM+ Programme during the term of the IM+ Programme. To this end, the Participant must use the on-line order facilities on the Internet Website of the IM+ Programme. The Participant is aware of the fact, and accepts, that the IM+ Programme shall at any rate end at the time the Agreement between Ingram Micro and Sparco ends. Upon termination of the IM+ Programme, the Participant shall be entitled to spend their points on Products for a maximum of 1 month after this termination. After the lapse of this period, the points shall expire without the Participant having any claim against Sparco.
  16. Sparco will make an effort to deliver the goods within 2 weeks following the date of the order made on the Internet Website. The indicated delivery term is only for information purposes and does not constitute a final deadline. Applicability of Section 46f of Book 7 of the Dutch Civil Code is explicitly excluded.
  17. Immediately after delivery, the goods ordered will be for the account and at the risk of the Participant and the latter will carry the risk for any damage caused to or occurring due to these goods. Without prejudice to this risk, the title of the goods will explicitly only be transferred to the Participant when all that is due to Sparco by the Participant in respect of the delivery, including interest and costs has been paid. This retention of title can be exercised by Sparco on all goods.
  18. Defects of the goods delivered must be reported within seven days after the discovery thereof by means of a registered letter to Sparco, stating the name of the Sparco IM+ Programme.  Goods delivered may only be returned with permission of Sparco. This permission shall only be granted in case of manufacturing defects and/or delivery errors. In that case, the goods concerned must be returned in the original packaging and with the original packing slip.
  19. After identifying any defect, the Participant is obliged to immediately discontinue the use of the relevant goods and, furthermore, to do or omit anything within reason to prevent additional damage.
  20. Sparco does not offer any guarantee or additional guarantee with regard to the quality and/or availability of the goods offered in the context of the IM+ Programme, such without prejudice to the legal guarantee provided by the supplier of these goods.
  21. The Participant itself must arrange the submission of forms - if any - with regard to guarantee schemes. At any rate, the Participant can never have a claim against Sparco exceeding that which ensues from the guarantees offered by the supplier of the goods. The packing slip provided by Sparco is part of the guarantee certificate.
  22. If Sparco is unable to comply with its obligations in respect of the Participant due to a non-attributable breach (force majeure), compliance with the obligations shall be suspended for the period of the force majeure situation. Sparco shall inform the Participant as soon as possible of the force majeure situation or imminent force majeure situation. The Participant shall not be entitled to compensation of damages in case of force majeure.
  23. Sparco shall never be liable for consequential damage or loss of profits. Sparco's liability (including an obligation - if any - to undo the performance already delivered) shall in any case be limited to the sum of the invoiced value of the product ordered by the Participant.
  24. The Participant guarantees that the details it has provided are correct and complete.
  25. Any details obtained by Sparco in the context of the IM+ Programme will be processed according to the privacy acts and regulations in force at that time. For completeness' sake we refer to the privacy statement, which is available on Sparco's Internet Website and which forms part of these Terms and Conditions for Participants.
  26. By participation in the IM+ Programme, the Participant automatically agrees to these Terms and Conditions for Participants.
  27. Any disputes related to an Agreement, to which these Terms and Conditions for Participants apply, shall only be adjudicated by the competent court in Amsterdam, or, at the sole discretion of Sparco, by the court in the place of residence of the Participant.
  28. The Parties explicitly declare Belgian law to apply to this Agreement.