‘Firmus Northern Ireland Cashback promotion – Terms and Conditions’

VAILLANT GROUP UK LIMITED – NORTHERN IRELAND HOMEOWNER CASHBACK PROMOTION - TERMS & CONDITIONS1. QUALIFICATION1.1 Subject to clauses 1.2, 1.3, 1.4 and 1.5 below, Vaillant Group UK Limited (Vaillant) provides this Homeowner Cashback promotion (Promotion), which is open to customers who are homeowners in Northern Ireland (Customer(s)).1.2 The Promotion is not open to those who are, at any time during the period indicated in clause 1.3 below, employees of:(a) Vaillant; or (b) any other member of Vaillant’s group of companies; or(c) Grass Roots Group PLC, Pennroyal Court, Station Road, Tring, Hertfordshire, HP23 5QY (Grass Roots); or(d) any marketing services agency, handling house or other company involved directly with the administration of the Promotion; orany member of any of their households.1.3 The Promotion begins on 00.01am on 1st May 2015 and ends at 11:59pm on 31st December 2015 (Period), unless extended by Vaillant at any time. Any such extension shall be set out by Vaillant on its website at www.vaillant.co.uk (Website).1.4 To qualify for the Promotion the Customer must:(a) be a homeowner resident in Moira, Northern Ireland and/or any other areas of Northern Ireland set out on the Promotion page of the Website from time to time (Territory); and(b) from any participating Vaillant Advance installer in the Territory whose details are set out on the Promotion page of the Website (Installer), purchase any new Vaillant boiler (Boiler); and(c) have the Boiler installed by the Installer at their home in the Territory; and(d) fully complete the Vaillant registration form provided by the Installer and/or obtained via the Website, attaching proof of purchase and installation of the Boiler (Form); and(e) send the fully completed Form by post to the following address: Freepost, RLYJ YYHR CYKL, Vaillant Marketing, Nottingham Road, Belper, Derbyshire DE56 1JT.1.5 For the avoidance of doubt:(a) the registration of any other Vaillant product, such as controls, cylinders, heat pumps or solar panels does not qualify as a relevant product for the Promotion under clause 1.4 above; and(b) the terms of any other promotion, offer, reduction or deal that may be applicable from time to time to purchases and/or installation of Vaillant products shall not apply to the purchase and/or installation of the Boiler; and(c) the installation of the Boiler is subject to the Installer’s standard terms and conditions of supply, from time to time.2. PROMOTION2.1 Upon qualification for the Promotion in accordance with clause 1 above (Claim), Vaillant will, within 45 days of receipt of the Form by Vaillant, send to the Customer by post a cheque for £50, provided that the Form is fully completed and is received by Vaillant within the Period. For the avoidance of doubt, if this clause 2.1 is not fully complied with by the Customer this Promotion may not apply to the Claim.2.2 The Customer will be required, in support of a Claim, upon request by Vaillant at any time, to provide:(a) proof of, and date of, purchase and installation of the relevant Boiler;(b) proof of registration of purchase and installation of the Boiler, either directly to Vaillant or via their Installer; and(c) anything else normally required by Vaillant, or otherwise in accordance with the requirements of registration.2.3 Any Claim made outside the Period will be deemed invalid for the Promotion.2.4 Early, late, illegible, incomplete, defaced or corrupt Claims will not be accepted. A Claim made using a different method or technique from the method set out in clauses 1.4 and 1.5 above will not be accepted. No responsibility can be accepted where any Claim is not validly registered for any reason.2.5 Vaillant will be entitled to collect, store and use the email address, name, telephone number and address of the Customer from any registration details obtained, in accordance with these terms and conditions (Conditions) and Vaillant’s privacy policy, as provided from time to time by Vaillant at the Website.2.6 By making a Claim in accordance with this section 1, Customers agree to be bound by these Conditions.2.7 Vaillant reserves the right to change the qualification conditions for the Promotion. Vaillant shall exercise reasonable endeavours to notify the Customer of any such changes and shall do so via the Website.2.8 The decisions of the Promoter in respect of any and all aspects of the Promotion will be final and binding.2.9 The Promoter reserves the right to amend or cancel the terms of the Promotion without notice.2.10 In the event of the Customer providing an incomplete or invalid Claim, the Promoter will exercise reasonable endeavours to notify the Customer via the contact details provided by the Customer on the Form, through the Website and/or via any other method. If the Customer fails to comply with these Conditions, the Claim will be deemed invalid.2.11 The Promoter regrets that it is unable to accept or send any other correspondence concerning the Promotion other than as set out in these Conditions.3. PRIVACY, COPYRIGHT AND INTELLECTUAL PROPERTY3.1 The Promoter may keep the Customer informed of the Promoter’s products and services by email, post and/or telephone, in accordance with its privacy policy, as set out on the Website from time to time.3.2 Please write to the Promoter at the address provided in clause 7.1, if you do not want to receive any information in accordance with clause 3.1 above, or alternatively email the Promoter at info@vaillant.co.uk.3.3 The Customer making a Claim expressly authorises the Promoter to provide the Customer’s details to third parties, or such part(s) of their details as is necessary, to comply with these Conditions, and/or any applicable law.3.4 The Customer acknowledges that Vaillant and/or other members of its group of companies are the owner of any and/or all Intellectual Property Rights relating to the names, logos, trade marks, products, services, get-up, van livery, trade dress, labels, stickers, promotional leaflets, flyers and posters used in the Promotion from time to time (Marketing Materials). For the avoidance of doubt, in these Conditions, Intellectual Property Rights means any and/or all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.3.5 The Customer acknowledges that any Marketing Materials provided to the Customer by Vaillant, any member of Vaillant’s group of companies, Grass Roots and/or any other marketing services agencies, handling houses or other companies involved directly with the administration of the Promotion in accordance with these Conditions may contain Intellectual Property Rights. The Customer’s licence, if any, to use any such Marketing Materials and/or any of the Intellectual Property Rights, is solely for the Customer’s benefit and the Customer is prohibited from sub-licensing, assigning, transferring and/or dealing with any such Intellectual Property Rights and/or Marketing Materials in any way.3.6 The Intellectual Property Rights in the Vaillant name and logo are owned by Vaillant GmbH, a company registered in Germany whose registered office is Berghauser Str. 40, Remscheid, Germany, 42859. 4. LIABILITY4.1 Nothing in these Conditions shall limit or exclude Vaillant’s liability for:(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;(b) fraud or fraudulent misrepresentation;(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or(e) defective products under the Consumer Protection Act 1987.4.2 Subject to clause 4.1 above:(a) Vaillant shall under no circumstances whatever be liable to the Customer in respect of this Promotion, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Promotion; and(b) Vaillant’s total liability to the Customer in respect of all other losses arising under or in connection with any Claim made under the Promotion, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Boiler, such value to be the cost to the Promoter in manufacturing and/or purchasing the relevant Boiler.4.3 The Customer shall keep the Promoter indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered and/or incurred by the Promoter as a result of or in connection with any claim made against the Promoter by a third party arising out of or in connection with the Promotion, to the extent that such claim arises out of or is contributed to by the breach by the Customer of these Conditions.4.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.4.5 Vaillant is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the Customer from or otherwise obstructs the Customer from participating in the Promotion.5. FRAUD AND OTHER EVENTS5.1 Vaillant reserves the right to audit each Claim to ensure that the terms and Conditions of the Promotion have been met and to request reasonable additional information, and supporting documents, regarding a Claim.5.2 Vaillant reserves the right to modify or discontinue, temporarily or permanently, the Promotion with or without prior notice due to reasons outside its control including, but not limited to, anticipated, actual or suspected fraud.5.3 Vaillant shall not be liable for any failure to comply with these Conditions where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, acts of God, adverse weather, fire, flood, computer virus, mobile phone failures, bugs, sabotage, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion or unrest, terrorism or supervening legislation. Accordingly, Vaillant may at its absolute discretion vary or amend the Promotion and the Customer agrees that no liability shall attach to Vaillant as a result.5.4 Submission of a false, incorrect, misleading or fraudulent Claim, information or other supporting documentation may result in disqualification from this Promotion and/or all future promotions run by Vaillant and in the Customer being subject to prosecution.6. GENERAL6.1 The Customer and Vaillant agree that the Conditions constitute the entire agreement between them in respect of the Promotion, and supersede all other drafts, agreements, arrangements and understandings between them in respect of the Promotion, and any terms contained in any of the Marketing Materials.6.2 The Promotion and these Conditions shall be governed by the law of England and Wales.6.3 The Customer and the Promoter irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. However, the Customer may also bring proceedings in Northern Ireland.7. THE PROMOTER7.1 The Promoter is Vaillant Group UK Limited, a company registered in England and Wales with company number 00294316 and whose registered office is at Nottingham Road, Belper, Derbyshire, DE56 1JT.7.2 Do not send requests to enter the Promotion to any address set out in these Conditions, as they will not qualify for the Promotion and will not be responded to.7.3 For questions regarding the status of a Claim, please email: info@vaillant.co.uk.Please retain a copy of these Conditions for your reference.