Introduction
1. These terms (Terms) set out the rules that govern the Trade Discount Card scheme operated by B&Q plc (we / us / our) whereby you may apply for a Trade Discount Card and, if successful, will become an authorised cardholder (Cardholder), entitling you to receive a reward and earn monthly discounts and volume rebates on qualifying purchases in accordance with the Trade Discount Card scheme rules (the Scheme). The Trade Discount Card is only available to traders in the United Kingdom, excluding the Channel Islands.
2. We reserve the right at any time to withdraw or suspend the Scheme or to decline applications or to vary these Terms.
Cardholder and Card Users
3. To apply for a Discount Card, you must be a bona fide trader and demonstrate that by producing evidence that you satisfy two of the eligibility criteria set out in Section 2 of the information leaflet which accompanies our Discount Card application form. You must also provide proof of identity by providing one of the forms of documentary evidence set out in Section 1 of the information leaflet. All applications are subject to acceptance by us. If your application is accepted, you will be issued with a Discount Card, which is registered, against your Discount Card account, together with a welcome pack.
4. You may allow your nominated employees or other workers to receive the relevant Discount when making purchases on your behalf and to enable purchases made by those Card Users to be included in your total level of spending for the purposes of determining whether you are entitled to a Monthly Discount, by applying for and receiving from us a separate Discount Card in the name of each such employee or worker (each a Card User). You must first register each Card User’s details with us in order for the Card User to become authorised and for his/her Purchases to be included in your total level of spending and in order for Card Users to receive reward. You must have the consent of each Card User to provide his/her details to us for use in connection with your Discount Card and by providing us with those details you warrant that you have such consent.
5. You and each Card User must be 18 years of age or over.
Discount Card Use
6. You and each Card User must only use your or their Discount Card in connection with purchases for the Cardholder’s trade.
7. Each Discount Card must only be used by the Cardholder or relevant Card User to whom it is issued, as the case may be.
8. We shall not be liable in any way if you or any Card User are unable to use a Discount Card to make purchases due (whether directly or indirectly) to data processing or transmission link failure or any other cause beyond our reasonable control.
9. Discount Card application forms will only be available in warehouse stores. Discount Cards may be used in all stores nationwide to purchase goods. The Discount Card cannot be used for gift card/gift voucher purchases, internet transactions, payment for installation or fitting services, delivery charges or in conjunction with any other general reward offer.
10. Discount Cards are issued by us and remain our property. Upon our request at any time, you must return to us all Discount Cards issued to you or Card Users. If a Discount Card is lost or stolen, you must notify us immediately. We cannot be responsible for any unauthorised use prior to notification to us.
Monthly Discounts and Rebates
11. Every time that you or a Card User makes a purchase in a participating B&Q store, provided that the Discount Card is presented at the checkout immediately prior to the purchase, a discount will, subject to clause 13, be applied to the full amount of the purchase of qualifying products. The full value of such purchase inc VAT will also be recorded against your Discount Card, on the date you collect or take delivery of your purchase (as the case may be). The total accumulated value of such purchases is referred to as the Total Spend Value.
12. To ensure that you receive the Discount and that the value of any purchase is recorded against your Discount Card account, you must ensure that a Discount Card is presented at the checkout prior to purchase.
13. Certain products may be excluded from the Scheme at our discretion.
14. Where any portion of the Total Spend Value of your Discount Card account has accrued through purchases of certain eligible product lines, you will be entitled to a monthly discount. In addition, when the Total Spend Value of your Discount Card account reaches or exceeds certain thresholds (the Rebate Qualifying Thresholds), you will be entitled to an additional volume rebate. The rebate levels, qualifying product lines and Rebate Qualifying Thresholds as at the date of publication are set out in the information leaflet which accompanies the Discount Card application form, but are subject to change in accordance with clause 19. Direct to site sales will only qualify for volume rebate and will not accrue monthly product discount.
15. Cardholders’ Monthly Discount entitlement is assessed by us at the end of each calendar month. Where you have become entitled to a Discount Payment in accordance with these Terms, the amount of the Monthly Discount will be issued to you by cheque to the trading address provided by you in the Discount Card application form, provided that any discount will not be paid until the accrued discount entitlement on your Discount Card account reaches £50 or more. The maximum accrual period is 12 months for unpaid Discount card payments. Volume rebate is paid quarterly with no accrual to next period. Volume rebates run quarterly February to January inclusive
16. The entitlement to Monthly Discount or volume rebate cannot be transferred to another Discount Card account.
17. The Total Spend Value recorded against your Discount Card account has no redemption value and cannot be exchanged for cash.
18. If a transaction that was initially included within your Total Spend Value is subsequently cancelled, reversed or refunded, we will deduct the value of such transaction from the Total Spend Value.
19. The monthly discount level, volume rebate levels, eligible product lines, rebate qualifying thresholds and the periods over which spending is measured, will be entirely at our discretion as we notify you from time to time.
20. Monthly Discounts and Volume Rebates may only be earned and claimed in accordance with these Terms.
Use of your information
21. The information you provide to us or which we obtain through your dealings with us will be used by us or by processors on our behalf: in the processing of your Discount Card application; to manage your Discount Card account; to assess your dealings with us, including purchasing preferences; to review, develop and improve the services we offer and for market research purposes.
22. B&Q plc is a member of the Kingfisher plc group of companies. We may share information relating to your Discount Card account with other members of the Kingfisher plc group of companies for the purposes set out above.
23. If you have given us your consent, we may also use your information to enable us to contact you with offers and information about our goods and services and to enable us and other members of the Kingfisher plc group of companies to contact you with offers and information about those group companies’ goods and services. You may be contacted by post, telephone, email or text message.
Our liability
24. We will only be liable to the Cardholder for any breach by us of these Terms and, subject to clause 26, our sole liability will be to honour any outstanding rebate to which you may be entitled in accordance with these Terms. Card Users and other third parties shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
25. We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
26. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or responsibility for fraud or fraudulent misrepresentation or any other liability that cannot, under English law, be excluded.
Account closure and Discount Card withdrawal
27. You may close your Discount Card account at any time by notifying us in writing and returning to us all Discount Cards issued. We may close your Discount Card account at any time. We may suspend or restrict your right and that of all Card Users to use their Discount Cards and we may cancel any or all of the Discount Cards at any time.
General
28. Any formal legal notices should be sent to us at the following address: B&Q plc, Portswood House, 1 Hampshire Corporate Park, Chandlers Ford, Eastleigh, Hampshire SO53 3YX.
29. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms.
30. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall be unaffected and shall remain in force.
31. These Terms set out the entire agreement and understanding between you and us relating to the Scheme. These Terms prevail in the event of any conflict or inconsistency with any other terms, including any promotional advertising relating to the Scheme.
32. These Terms are governed by English law and you and we agree to submit any dispute between us arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.