1. BASIC INFORMATION ABOUT THESE TERMS AND CONDITIONS
1.1. You are reading a legal document which is the agreement between you, the customer (whom we refer to as "you" or "your" in this document) and us. We are Groupon Shop Ltd and we are the operator of this Website (and we refer to ourselves as "Groupon Shop", "we", "us" or "our" in this document). We are a company registered in England (company number 7964930) with our registered office at Floors 11-12, Aldgate Tower, 2 Leman Street, London E1 8FA, United Kingdom.
1.2. Please read this document carefully. By purchasing Gift Cards from Groupon Shop, including the purchase of Gift Cards with vouchers (which we explain further below), you agree to the consumer terms and conditions and terms of sale that appear in this document ("Terms of Sale").
1.3. When you go through the procedure for purchasing Gift Cards you confirm your acceptance to these Terms of Sale by clicking the “Buy Now” button on the Groupon Shop website. After you have clicked “Buy Now” we will take payment. Once we have taken payment (by whatever method or means) the transaction to purchase Gift Cards is only complete when we email you confirming the transaction (and we reserve the right to reject your offer and not to conclude a contract with you). If we send you an email confirmation, this email confirmation is our acceptance of the transaction. We keep a copy of the contract between us - and you are welcome to print out these Terms of Sale from our Website as a record.
1.4. These Terms of Sale were most recently updated on 11 June 2020 (version 2.0). We reserve the right to amend these Terms of Sale at any time. All amendments to the terms and conditions in these Terms of Sale will be posted on-line.
1.5. As a consumer, nothing in these Terms of Sale affects your non-excludable statutory rights.
2. REFUNDS
2.1. You have a statutory right to cancel your purchase of a Gift Card within 14 calendar days after the day you receive the confirmation email (the “Cancellation Period”). However, if you use your Gift Card during the Cancellation Period, you acknowledge that you lose your right to cancel the purchase of the Gift Card.
2.2. If you want to cancel your purchase of a Gift Card you can do so by:
2.2.1. contacting us at https://www.groupon.co.uk/contact; or
2.2.2. filling out and submitting the cancellation form online at https://about.groupon.com/wp-content/uploads/2021/02/UK-Gift-Card-Cancellation-Form.pdf.
2.2. If you cancel your purchase of a Gift Card in accordance with this Clause 2, Groupon Shop will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Groupon Shop about your cancellation.
2.3. Where you have redeemed a Groupon UK Voucher as part or all of your payment for the Gift Card, your refund will be in Groupon UK Credit in the amount of your Groupon UK Voucher purchase price.
2.4. Unless you expressly inform Groupon Shop in advance not to, any cash refund will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at https://www.groupon.co.uk/customer_support. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. Groupon Shop will not provide more than one refund.
2.5. You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Groupon Shop related to, arising out of, or connected to that Gift Card.
3. PRICE AND PAYMENT
3.1. The price of the Gift Cards includes VAT (if applicable) and will be set out to you prior to your purchase and at the time we confirm your order. We reserve the right to change our prices at any time. However, we will ensure that the actual price of the Gift Cards is clearly presented to you prior to purchase (but subject to Clause 5.2).
3.2. Although we always strive to be the best, we occasionally make mistakes. This can result in some of the Gift Cards we sell being incorrectly priced due to human, technical or some other error. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information on the Website from time to time.
3.2.1. Where we have made a mistake or an error and you have already purchased the Gift Cards:
3.2.1.1. if the price of the Gift Cards is less than the stated price at the time you purchased the Gift Cards we will charge you the lower amount; or
3.2.1.2. if the price of the Gift Cards is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order. Please note that, subject to Clause 5, in instances where the correct price of the Gift Cards is higher than what you paid, your sole remedy shall be either to pay the increased price of the Gift Cards as set out by us or to cancel your order and receive a refund.
4. MULTI-PURPOSE VOUCHERS
4.1. Groupon Shop is part of the Groupon "family of companies". Although Groupon Shop is a separate legal entity to MyCityDeal Ltd (trading as Groupon UK), Groupon UK Vouchers can be redeemed for Gift Cards sold by Groupon Shop. To be clear, Groupon UK sells Vouchers and Groupon Shop sells Gift Cards, but Groupon UK Vouchers can be used to purchase Gift Cards from Groupon Shop.
4.1.1. Really, what this means for you is that anytime you purchase a Voucher from Groupon UK, for the first 7 days following your purchase of that Voucher, you can redeem your Voucher with Groupon Shop for Gift Cards sold by Groupon Shop (or with the merchant who provides the products or services described on your Voucher – your choice!).
4.1.2. For example, say you have purchased a Voucher for a massage with a merchant for £40 where the original value of that massage is £100. For the first 7 days after you have purchased your Voucher, you have the option to either: (a) redeem your Voucher with the Merchant in exchange for a massage as advertised by Groupon UK; OR (b) redeem that Voucher with Groupon Shop for £40 worth of any Gift Cards sold by Groupon Shop.
4.2. If you purchase Gift Cards with a Groupon UK Voucher where the Voucher purchase price is greater than the price of the Gift Cards (for example, you use a Groupon UK Voucher where the Voucher purchase price is £50 to purchase Gift Cards that cost £20), the difference between the price of the Gift Cards and the Groupon UK Voucher purchase price will be refunded to you in Groupon UK Credit. This Groupon UK credit will appear in your Groupon UK account automatically and you do not need to do anything else. Unfortunately, this may on occasion not work the other way around. What we mean is that in certain instances you may not be able to redeem your Groupon UK Voucher for Gift Cards which cost more than the purchase price of your Voucher. For example, if your Groupon UK Voucher purchase price was £20 and the Gift Card you would like to redeem your Voucher against cost £40, we may be unable to accept your redemption. Please note that if we are unable to accept your redemption, we will let you know that your redemption was unsuccessful – but you will always be welcome to purchase the Gift Card in cash!).
4.3. While you have the option to redeem your Voucher either with the Merchant as advertised by Groupon UK or with Groupon Shop for Gift Cards, you may not redeem your Voucher with both. This means, for example, that if you have redeemed your Voucher with the Merchant you cannot redeem your Voucher with Groupon Shop for Gift Cards. Any attempted redemption of a Voucher not consistent with this Agreement (whether with a Merchant or Groupon Shop) may render a purchase of Gift Cards void at Groupon Shop’s, a Merchant’s or Groupon UK’s discretion.
4.4. Please note that if you redeem your Groupon UK Voucher with Groupon Shop, the Groupon UK Voucher terms and conditions will apply in respect of your use of your Voucher with a particular merchant who provides the products or services described on your Voucher. These Terms of Sale will apply in respect of any redemption of your Groupon UK Voucher with Groupon Shop. In other words, if you redeem your Groupon UK Voucher with Groupon Shop, these Terms of Sale apply to the supply of the Gift Cards you have purchased with your Groupon UK Voucher
5. STANDARDS AND GROUPON SHOP'S LIMITATION OF ITS LIABILITY
5.1. Groupon Shop always tries its best at what it does and warrants that:
5.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
5.1.2. we have the right to sell Gift Cards;
5.1.3. we only sell the Gift Cards for domestic and private use;
5.1.4. Gift Cards are of satisfactory quality and fit for their purpose, subject to errors and omissions in our advertising (e.g. listing Gift Cards at £1.99 instead of £199); and
5.1.5. we will not contravene the requirements of professional diligence in what we do.
5.2. This Clause 5 takes precedence over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
5.2.1. the performance, non-performance, purported performance or delay in performance of these Terms of Sale; or
5.2.2. otherwise in relation to these Terms of Sale or the entering into or performance of these Terms of Sale.
5.3. Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law, including:
5.3.1. death or personal injury caused by our negligence;
5.3.2. fraud or fraudulent misrepresentation;
5.4. If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of these Terms of Sale) but for nothing else (such as suing for a tort).
5.5. Please note that apart from what we set out in Clause 5.4 of these Terms of Sale (but subject always to Clause 5.3), we shall have no Liability for:
5.5.1. loss of revenue;
5.5.2. loss of actual or anticipated profits;
5.5.3. loss of contracts;
5.5.4. loss of the use of money;
5.5.5. loss of anticipated savings;
5.5.6. loss of business;
5.5.7. loss of opportunity;
5.5.8. loss of goodwill;
5.5.9. loss of reputation;
5.5.10. loss of, damage to or corruption of data; and
5.5.11. indirect or consequential loss (and for the avoidance of doubt, we understand the words "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise").
5.6. Apart from what we set out in Clause 5.3 of these Terms of Sale (for which we have unlimited Liability) and apart from what we say in Clause 5.5 of these Terms of Sale (where we set out when we are never responsible), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to:
5.6.1. in respect of any Gift /cards, 110% of the price paid for such Gift Cards; and
5.6.2. in respect of any other loss, £50.
5.7. The limitation of Liability under Clause 5.6 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of these Terms of Sale.
6. HOW WE MAY USE YOUR PERSONAL INFORMATION
6.1. We will use any personal information you provide to us in accordance with our Privacy Policy.
7. GENERAL
7.1. In these Terms of Sale:
71.1. words denoting persons include natural persons, partnerships, limited Liability partnerships, bodies corporate and unincorporated associations of persons;
7.1.2. clause headings such as ("13. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 13.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
7.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
7.2. Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any Liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
7.3. Except as expressly stated in these Terms of Sale, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
7.4. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Sale. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.
7.5. We shall not be liable for any breach of our obligations under these Terms of Sale where we are hindered or prevented from carrying out our obligations by any event of force majeure. For the purposes of these Terms of Sale, an event of force majeure shall mean any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks (any of which constitute “Force Majeure” events). Where there has been a Force Majeure event which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the Force Majeure event and we will notify you of this as soon as reasonably possible.
7.6. These Terms of Sale contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms of Sale except as expressly stated in these Terms of Sale. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Sale (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms of Sale) and that party’s only remedies shall be for breach of contract as provided in these Terms of Sale.
7.7. No waiver by us of any default of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under these Terms of Sale.
7.8. Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
7.9. All provisions of these Terms of Sale apply equally to and are for the benefit of Groupon Shop, its subsidiaries, any holding companies of Groupon Shop, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
7.10. In any event, the provisions of Clauses 1, 2, 5, 6, 7 and 9 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this Agreement.
7.11. If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
7.12. These Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.
8. CONTACT DETAILS
8. This Website is owned and operated by Groupon Shop Ltd, a company registered in England and Wales whose registered office is at Floors 11-12, Aldgate Tower, 2 Leman Street, London E1 8FA, United Kingdom. If you have any queries please contact Customer Services at https://www.groupon.co.uk/contact.
9. DEFINITIONS
9.1. In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
9.1.1. “Gift Cards” means the electronic gift cards made available for sale by Groupon Shop to consumers.
9.1.2. "Groupon UK Credit" means a pound-denominated amount of money that can be credited to the account of a Groupon UK user and which can only be used to make a purchase of Vouchers on the Groupon UK website.
9.1.3. "Liability" means Liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including Liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale) – and for the purposes of this definition, all references to "Terms of Sale” shall be deemed to include any collateral contract.
9.1.4. "Merchant" means a third party seller of goods and/or services, as advertised by Groupon Shop, for which a Voucher can be redeemed.
9.1.5. "Voucher" means a multi-purpose voucher which is sold by MyCityDeal Ltd (t/a Groupon UK) and is redeemable either for the products/services described on the Voucher or with Groupon Shop directly for the purchase price of the voucher.
9.1.6. "Website" means the www.groupon-shop.co.uk website or such other website that Groupon Shop may use to sell Gift Cards from time to time.