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These terms and conditions of use (the “Terms”), together with the Cookie Policy, Privacy Policy and the Terms of Sale, apply to your use of the website at www.BATClub.co.uk (the “Website”).
The Website is accessible only once you have registered a business account on the Website and fall within one of the two categories of retailer set out in section 2 below (“you” and “your”, as applicable).
Please read the Terms carefully before using the Website. If you do not agree to the Terms, you must not use the Website. We recommend that you print a copy of the Terms for future reference, but please note that we may make amendments to these Terms from time to time in accordance with section 7 below.
The Terms refer to the following additional terms, which also apply to your use of the Website:
By accessing, and using, the Website you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Who we are
2. Who can use this Website?
3. We may suspend or withdraw the Website at any time and for any reason
4. Your use of the Website and security
- comply with all applicable laws and regulations;
- confirm you are at least 18 years old to hold an account with (or be a user of), and access, the Website; and
- provide accurate and complete information during registration and use of the Website.
- knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise interact with the Website, or any part of it, in a harmful way;
- attempting to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or any other equipment or network connected with the Website; or
- interfering with, damaging or disrupting any software used in the provision of the Website or any equipment or network or software owned or used by any third party on which the Website relies in any way.
5. Using our materials and marks
6. BATClub incentives and features
7. Termination and amendments to the Terms and the schemes
8. Liability
- your use of, or inability to use, the Website; or
- your use of, or reliance on, any content or information displayed on the Website.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings; or
- loss of business opportunity, goodwill or reputation.
9. External Links
10. Assignment
11. Privacy
12. Governing Law
13. Contact Information
Overview
a) Product categories
The SCCP applies to the following BAT product categories.

b) Supply chain entities
The SCCP refers to the following supply chain entities and distribution channels.
1. Contractor: any person or entity, other than a Customer or another BAT operating
company, contractually engaged by a BAT operating company to manufacture, sell,
distribute and/or store any BAT tobacco and nicotine products (BAT TNPs, as defined
above).
2. Customer: any person or entity, other than another BAT operating company or a DSD
Customer, directly purchasing BAT TNPs from a BAT operating company.
3. DSD: a BAT operating company engaging in Direct Store Distribution (also referred to as
Direct Store Sales or DSS) with vertically integrated distribution to DSD Customers.
4, DSD Customer: any person or entity purchasing BAT TNPs via DSD (rather than through a
third party distributor) and who in turn only sells to consumers.
5. Supply Chain Entities: Contractors and Customers.
c) Purpose of the SCCP
BAT’s Standards of Business Conduct (SoBC)1 and applicable laws, policies and procedures,
including the Supply Chain Compliance Procedure (SCCP), require BAT operating companies to
ensure that they do not knowingly engage in unlawful trade of BAT TNPs and their business
practices only support legitimate trade in BAT TNPs.2
The SCCP requires that Contractors should be informed of, and are expected to comply with, the
SCCP. In addition, BAT operating companies must also make the position on illicit trade clear to
Customers and DSD Customers.
This document provides an overview for Supply Chain Entities, and where required, DSD
Customers on how we comply with our commitments regarding illicit trade and to help you to
understand the role that you play in ensuring that the SCCP is followed. Our objective is to maintain
robust supply chain controls and to take appropriate action where there are risks that BAT TNPs
may be smuggled.
Should you require any further information about the SCCP, please do not hesitate to get in touch
with your local representative.
d) Application
All BAT operating companies are expected to abide by the SoBC. BAT operating companies are
required to maintain certain controls in respect of all markets into which BAT TNPs are supplied to
prevent BAT TNPs being diverted into illicit trade channels or being used for illicit purposes.
Additional controls will be required in certain markets representing a high risk of being the source of
smuggled BAT TNPs and/or in respect of certain brands which are at high risk of being smuggled
and/or tax being evaded.
All Supply Chain Entities and DSD Customers are required to adopt all controls which are
appropriate given market conditions and risk levels.
Failing to observe the SCCP requirements may result in BAT operating companies taking steps as
identified below, including the suspension of supplies of BAT TNPs and/or termination of dealings
with non-compliant Supply Chain Entities and DSD Customers.
e) Status of the SCCP
The SCCP and the assessment of high-risk markets and/or brands will be reviewed on a regular
basis. The SCCP will be revised and updated in accordance with any relevant changes in the SoBC
or other policies, principles and standards, legislative amendments, changes to the approach to
interpretation of legislative provisions, specific requests or guidance from authorities, and other
developments and trends identified in the market and general business environment.
The SoBC expect BAT operating companies to maintain controls to prevent BAT TNPs being
diverted into illicit trade channels.
In all end markets, these controls should include the following.
a) 'Know your customer' evaluation and approval procedures
'Know your customer' (KYC) is an important procedure. It is necessary for instance, to ensure that
BAT TNPs are only made using reputable Contractors and sold to reputable Customers.
All BAT operating companies are required to conduct due diligence on Customers, DSD Customers
supplied directly through a BAT operating company's in-house distribution and suppliers, including
Contractors. Where subsequent customers are supplied through Supply Chain Entities, the Supply
Chain Entities should ensure compliance with KYC requirements in line with local legal
requirements.
b) Monitor supplies to market
BAT operating companies are required to monitor the overall mix and volume of BAT TNPs supplied
to individual markets.
c) Procedures for investigating, suspending and terminating dealings with Supply Chain
Entities suspected of involvement in illicit trade
BAT operating companies are required to seek contractual rights to investigate, suspend and cease
dealings with Supply Chain Entities, and to require Supply Chain Entities to cease dealings with
parties further along the supply chain, if it is reasonably believed that they (or others in the supply
chain such as subsequent customers) are involved, knowingly or recklessly, in illicit trade. These
terms can also be used optionally by BAT operating companies in their agreements with e.g. DSD
Customers.
Where BAT operating companies become aware of non-compliance by Supply Chain Entities, DSD
Customers or others in the supply chain, (such as subsequent customers) with applicable laws
and/or supply chain policies and procedures, including the SCCP, they are required to take actions3
to address the non-compliance. Such actions may include:
d) Response to notified seizures
BAT operating companies are required to respond appropriately to all notifications of seizures of
alleged BAT TNPs by authorities. To the extent reasonably practicable, steps should be taken to
assess the information received, investigate the seizures (including, where possible, obtaining
product samples) and identify whether any actions can be taken, or additional controls introduced in
order to reduce the risk of BAT TNPs being diverted into illicit trade channels. What actions/controls
are appropriate will depend on the pattern of smuggling, available track and trace technology,
circumstances of the seizure, etc.
BAT operating companies are required to provide information about seized products requested by
regulatory authorities, and/or as required by legislation, in accordance with the deadlines set by
authorities/legislation and in any event without unreasonable delay.
Your cooperation as Supply Chain Entities may be required to ensure appropriate actions are taken
in response to notified seizures.
e) Communication on illicit trade issues
BAT operating companies are required to engage in regular communication with Supply Chain
Entities, and where necessary with DSD Customers, on illicit trade issues, to reinforce the
importance of avoiding facilitating illicit trade.
BAT operating companies in high-risk markets are required to adopt the additional controls below
where appropriate and reasonably practicable.
a) Extended KYC procedures
In high-risk markets, BAT operating companies should, where possible, work with its Customers to
conduct due diligence in respect of all distributors of BAT TNPs to the retail level e.g. subsequent
customers of a BAT operating company's Customers and any other downstream supply chain
entities.
b) Measures to ensure supply to markets reflects legitimate demand
Where markets are designated as a high-risk for Combustible Tobacco Products and/or Modern
Oral Products, BAT operating companies must have a legitimate demand calculation for total market
and all high-risk brands of Combustible Tobacco Products and/or Modern Oral Products.
Where necessary to address illicit trade risks (but not to prevent legitimate cross-border sales, for
example within the EEA and Switzerland), BAT operating companies may decide to cap sales of
BAT TNPs in areas that represent a high smuggling risk or cap sales of specific brands representing
a high smuggling risk.
c) Tracking and tracing supplies
Even where there is no legal requirement to track and trace supplies, BAT operating companies in
markets at high-risk of illicit trade in Tobacco Products are required to introduce track and trace
technology to the first external customer. The requirement to track and trace supplies to the first external customer may not apply in respect of certain end markets where a BAT operating company
only supplies a single first external customer. Your local BAT operating company representative will
contact you to discuss any track and trace requirements, and your cooperation may be required to
ensure that they are appropriately implemented.
BAT operating companies should be able to identify the first external customers which supplied
seized Tobacco Products in respect of all seizures originating from markets at high-risk of illicit
trade.
Where necessary to identify the point at which Tobacco Products have left the legitimate supply
chain, BAT operating companies may need to introduce additional measures such as:
Your cooperation may be required in respect of these measures.
d) Training for external third parties
BAT operating companies may wish to consider training for Supply Chain Entities and, if required,
select DSD Customers in high-risk markets to address the specific circumstances giving rise to illicit
trade risks in that market. Your local BAT operating company representative will get in touch to
discuss the delivery of training, where applicable.
e) Communication with subsequent customers on illicit trade issues
To the extent that it is reasonably practicable, BAT operating companies may wish to consider
communicating directly with subsequent customers, where this is required to address illicit trade
risks in a specific high-risk market or in respect of specific high-risk brands. Your cooperation may
be required to facilitate such discussions.
f) Flow-down of obligations to subcontractors and subsequent customers
BAT operating companies should ensure that specific contractual obligations placed on Supply
Chain Entities in relation to illicit trade, money laundering, terrorist financing and/or facilitation of tax
evasion in high-risk markets are also imposed on the Supply Chain Entities' subcontractors and
subsequent customers. Your cooperation as Supply Chain Entities may be required in respect of
implementing these contractual obligations.