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Terms & Conditions

(10 June 2016)

This website ("Site") is operated by LivingSocial Limited ("we", "our" or "us"). We are registered in England and Wales under company number 07227708 and have our registered office at Dalston Works, Martel Place, London E8 2FQ. Our VAT number is GB 988 8449 29

These terms and conditions comprise 3 parts:

Where we issue Vouchers on the Site to be redeemed at third party suppliers, such transactions are governed by the terms and conditions set out in Part B below. Where we are acting as the supplier and providing Deals Direct Supplied Products to you, the terms and conditions set out in Part C will apply.

Vouchers and Deals Direct Supplied Products are subject to their own terms and conditions as set out in the Fine Print. By placing an order through the Site, you warrant that you agree to and will abide by the Fine Print. In an event of a conflict between these E-Commerce Terms and the Fine Print, the Fine Print will prevail.

Please read these terms and conditions carefully before ordering on the Site. You should understand that by placing an order on the Site, you agree to be bound by these terms and conditions.

Definitions

In these terms and conditions:

"Deal Page" means the page on the Site which outlines a deal including (i) details of the Deals Direct Supplied Products or (ii) details of the Supplier and the Voucher Products offered by such Supplier;

"Deals Direct Supplied Products" means the goods offered and supplied by LivingSocial trading as Deals Direct;

"Expiry Date" means the date specified on a Voucher after which the Voucher is no longer redeemable at (i) a particular Supplier or (ii) for another Voucher or (iii) as LivingSocial Wallet Credit;

"Fine Print" means terms and conditions relating to the supply of the Voucher Products or Deals Direct Supplied Products and redemption of the Vouchers as set out on the Deal Page under the headings "Fine Print" and “Full Details” including, but not limited to, the Supplier's Terms and Conditions;

"Returns Information" means the returns information slip included with your Deals Direct Supplied Products;

"Supplier" means a third party seller of goods and/or services;

"Supplier's Terms and Conditions" means terms and conditions issued by the Supplier in relation to the supply of Voucher Products;

"Voucher" means a voucher which you may redeem (i) at a particular Supplier in exchange for Voucher Products offered by that Supplier; or (ii) for another Voucher; or (iii) as LivingSocial Wallet Credit;

"Voucher Contract" means the contract formed between you and LivingSocial when a voucher code is issued to you for redemption at a Supplier;

"Voucher Products" means the goods and/or services which are offered by a Supplier;

"LivingSocial Supply Contract" means the contract formed between you and LivingSocial for Deals Direct Supplied Products;

"LivingSocial Wallet" means a credit account for your use in connection with purchases on the Site; and

"LivingSocial Wallet Credit" means credit in a LivingSocial Wallet.

Part A - General Terms and Conditions applicable to Part A and Part B

1. Your Status

By placing an order through the Site, you warrant that:

2. Our Liability

2.1 Subject to clause 2.3 below, our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Voucher or the Deals Direct Supplied Products you purchased (as applicable).

2.2 We are not responsible for the Voucher Products and/or any other goods and/or services for which a Voucher can be redeemed at a Supplier. The Supplier is solely liable to you for all Voucher Products and/or any goods and/or services which the Supplier provides to you.

2.3 This clause 2 does not include or limit in any way our liability:

2.4 Subject to clause 2.3, and to the maximum permissible extent under applicable law, we will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:

3. LivingSocial Wallet

3.1 The “LivingSocial Wallet” is where any credit that you may have been awarded to use on Site will be found.

3.2 You can see the current balance in your LivingSocial Wallet and the historical balance by logging onto the Site and viewing the “My Account” pages.

3.3 Credit in your LivingSocial Wallet will expire (i) at midnight on the expiry date set out in either the Voucher or in the communication awarding you the credit or (ii) if no date is set out when you are awarded the credit, at midnight 3 months from the date of the communication to you awarding you the credit.

3.4 If you receive credit to your LivingSocial Wallet, the credit can be applied when you next purchase a Voucher on the Site.

3.5 Unless stated otherwise at the time of issue credit cannot be applied to purchases under £10.

3.6 Save where you have a legal right to cancel, if you cancel a Voucher Contract for a Voucher which you have bought using any LivingSocial Wallet Credit you will forfeit any such LivingSocial Wallet Credit and we will only refund you the amount paid for the Voucher in excess of any such LivingSocial Wallet Credit.

4. Redeem a Voucher Towards Another Voucher

4.1 After you purchase a Voucher, instead of redeeming it with the Supplier or for credit, you may redeem it towards the cost of another Voucher.

4.2 If you redeem a Voucher towards the cost of another Voucher it will be of an amount equal to 100% of the purchase price of the original Voucher (inc. p&p but excluding any marketing/promotional credit) if the claim is made not more than 30 days after the date of issue of that Voucher, or 50% of the purchase price of the original Voucher (inc. p&p but excluding any marketing/promotional credit) if the claim is made more than 30 days after the date of issue of that Voucher but before the Expiry Date of the original Voucher.

4.3 The “LivingSocial Wallet” is where any excess funds which results from the transaction will be found. Such funds will be valid for 3 months.

5. Redeem a Voucher in the LivingSocial Shop

5.1 After you purchase a Voucher, instead of redeeming it with the Supplier or for credit, you may redeem it towards the cost of goods in our shop.

5.2 If you redeem a Voucher towards goods in the shop it will be of an amount equal to 100% of the purchase price of the original Voucher (inc. p&p but excluding any marketing/promotional credit) if the shop purchase is made not more than 30 days after the date of issue of that Voucher, or 50% of the purchase price of the original Voucher (inc. p&p but excluding any marketing/promotional credit) if the shop purchase is made more than 30 days after the date of issue of that Voucher but before the Expiry Date of the original Voucher.

5.3 The “LivingSocial Wallet” is where any excess funds which results from the transaction will be found. Such funds will be valid for 3 months.

6. Complaint Handling Policy

6.1 If you need help with an order, have got a question about a Voucher or wish to make a complaint, you can contact us as follows:

6.2 We aim to provide an initial response to all questions and complaints within 72 hours.

6.3 You might also find the answer you need in the FAQ section on the Site at www.livingsocial.co.uk/page/faqs.

7. Privacy Policy

7.1 When you place an order through the Site, you agree that we can use and process your personal information in accordance with our Privacy Policy.

8. Written Communications

8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

9. Events Outside Our Control

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control ("Force Majeure Event").

9.2 The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.

10. Waiver

10.1 If we fail, at any time to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

10.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

10.3 No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

11. Severability

11.1 If any provision of these terms and conditions or any Voucher Contract or any LivingSocial Supply Contract is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining terms and conditions or from the remaining provisions of any such contract which will continue to be valid to the fullest extent permitted by law.

12. Entire Agreement

12.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13. Dispute Resolution

13.1 If you are not happy with how we have handled any complaint, you may want to submit your dispute for online resolution to the European Commission Online Dispute Resolution platform. Information on this service and how it can be used can be found on the platform.

14. Law and Jurisdiction

14.1 These terms and conditions are governed by English law. Any dispute arising from, or related to these terms and condition or any Voucher Contract or LivingSocial Supply Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Part B - Issue of Vouchers

1. How the Voucher Contract is Formed Between You and Us

1.1 After placing an order for Voucher Products, you may receive a receipt from us or our payment processor confirming that we have received your order. Please note that receipt of this email does not mean that your order has been accepted even if we may have processed your payment as your order constitutes an offer to us to buy a Voucher. The contract between us ("Voucher Contract") will only be formed when we issue the Voucher to you.

1.2 We reserve the right to change, modify, substitute, suspend or remove any information relating to a Voucher advertised on the Site at any time before a Voucher Contract is formed.

2. Cancellations and Refunds

2.1 You may cancel a Voucher Contract without giving any reason within fourteen days from the day after the day you receive the Voucher provided that you have not already redeemed the Voucher (i) at a Supplier or (ii) as LivingSocial Wallet Credit. If you cancel during this period, you will receive a full refund of the price paid for the Voucher.

2.2 To exercise the right to cancel a Voucher Contract, you must inform us of your decision to cancel the Voucher Contract by a clear statement using the below model cancellation form or you may complete the "Contact Us" form on the Site at www.livingsocial.co.uk/page/contactus and select "request refund" from the drop down menu. You must destroy the Voucher and delete any emails sent to you with a copy of the Voucher. If you fail to comply with this obligation and/or attempt to use a cancelled Voucher, we may have a right of action against you for compensation.

Model cancellation form:

To: LivingSocial Limited, 12-27 Swan Yard, London N1 1SD:
I hereby give notice that I cancel my/our contract of sale of the Voucher for the following goods[*]/for the supply of the following service[*],
Ordered on [*] /received on [*]
Names of consumer,
Address of consumer,
Date

[*] Delete as appropriate

2.3 You will not have any right to cancel a Voucher Contract where the Voucher has already been redeemed (i) at a Supplier or (ii) as LivingSocial Wallet Credit or where the Voucher has passed its Expiry Date.

2.4 If you have cancelled the Voucher Contract in accordance with clause 2.2 above then we will refund the amount paid for the Voucher in full and any refund will be made within 14 days of a cancellation made in accordance with clause 2.2 by the same method originally used by you to pay for your purchase unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

2.5 As stated on the Voucher, the Voucher can be redeemed with us prior to the Expiry Date for a LivingSocial Wallet Credit to the value of:

3. Price and Delivery Charges

3.1 The price of any Voucher and any applicable delivery charge will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 3.2 below. Unless expressly stated on the Site, delivery of Voucher Products will only be made to addresses in the United Kingdom mainland.

3.2 It is always possible that, despite our best efforts, some of the Vouchers listed on the Site may be incorrectly priced. We are under no obligation to issue any Voucher to you at the incorrect (lower) price. Furthermore, Suppliers are not obliged to accept any issued Voucher nor are we obliged to honour a claim made for LivingSocial Wallet Credit in respect of any issued Voucher if the pricing error was obvious and unmistakable and could have reasonably been recognised by you as a mispricing. In these instances, you will receive a full refund of the price paid for the Voucher.

4. Voucher and Voucher Products

4.1 LivingSocial will issue the Voucher to you. The Voucher will set out the Supplier's details and the Voucher Products (i.e. the goods and/or services which will be offered by that Supplier) and details of how to redeem the Voucher (i) at the Supplier or (ii) where the Supplier has asked us to act as their agent and process the redemptions on their behalf, how to redeem the Voucher with us. The Voucher will also set out how it can be redeemed for another voucher or for LivingSocial Wallet Credit.

4.2 The Voucher is valid until the Expiry Date. After the Expiry Date the Voucher will be void and (i) the Supplier will not provide the Voucher Products and (ii) we will not accept a request to redeem for another voucher and (iii) we will not accept a claim to redeem the Voucher for LivingSocial Wallet Credit.

4.3 The Voucher Products are provided by the Supplier named on the Voucher in accordance with clause 4.1. The Supplier has a legal duty to supply the Voucher Products in conformity with the Fine Print. Please note that the Supplier is solely responsible for:

If you have any complaint in relation to the Voucher Products you should contact the Supplier directly.

4.4 Reproduction, sale, resale or trade of a Voucher is prohibited and we reserve the right to cancel any Voucher, at our discretion, if we believe that you have not complied with the provisions of this clause 4.4.

4.5 It is at the discretion of the Supplier whether a Voucher can be combined with any other vouchers, offers, promotions, coupons or gift certificates on redemption of the Voucher at the Supplier.

4.6 It is at the discretion of the Supplier whether to accept a Voucher for alternative goods and/or services to the Voucher Products provided that, where a Voucher is redeemed at a Supplier for alternative goods and/or services, there is no entitlement to a refund or a credit if such goods and/or services received have a value which is less than the Voucher's stated face value.

4.7 Except where expressly stated, Vouchers can only be redeemed in their entirety and may not be redeemed in part and/or instalments.

4.8 Neither we nor the Supplier are responsible for lost or stolen Vouchers.

Part C - Deals Direct Supplied Products

1. How the LivingSocial Supply Contract is Formed Between You and Us

After placing your order for Deals Direct Supplied Products you may receive an email receipt from us or our payment processor confirming that we have received your order (“Order Receipt”). Please note that receipt of this email does not mean that your order has been accepted even if we may have processed your payment as your order constitutes an offer to us to buy Deals Direct Supplied Products. The contract between us (“LivingSocial Supply Contract”) will only be formed when we send an email to you confirming acceptance of the order after the deal closes. Please note that when you order Deals Direct Supplied Products, unless referred to expressly in the Fine Print, no voucher will be issued and Deals Direct Supplied Products will be sent to the delivery address supplied at checkout.

2. Deals Direct Supplied Products

2.1 Unless otherwise stated on the Site, delivery of Deals Direct Supplied Products will only be made to addresses in the United Kingdom mainland.

2.2 In some cases, delivery will only be made to the billing address provided at checkout. If the delivery address and the billing address do not match in these cases, a LivingSocial Supply Contract will not be formed and a refund of the price paid will be issued. The Fine Print will make it clear if this clause 2.2 applies.

3. Cancellations and Refunds

3.1 Subject to clause 3.3 below, you may cancel a LivingSocial Supply Contract at any time up to fourteen days from the day after the day you receive the Deals Direct Supplied Products in accordance with clause 3.2. In this case, you will receive a full refund of the price paid for the Deals Direct Supplied Products. Any refund will be made within 14 days of receipt by us of the Deals Direct Supplied Products, or (if earlier) the day on which you supply us with evidence of having sent the Deals Direct Supplied Products back and by the same method originally used by you to pay for your Deals Direct Supplied Product(s) unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

3.2 To exercise the right to cancel a LivingSocial Supply Contract, you must inform us in writing by using the below model cancellation form or you may complete the "Contact Us" form on the Site at www.livingsocial.co.uk/page/contactus and select "request refund" from the drop down menu. You must also return the Deals Direct Supplied Products to us immediately to the address set out in the Returns Information included in your delivery, in the same condition in which you received them. Returns to us are at your own cost and risk. You have a legal obligation to take reasonable care of any Deals Direct Supplied Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Where a Deals Direct Supplied Product cannot by its nature normally be returned by post, we will arrange for it to be collected and you will have to bear the direct cost for returning the goods. The cost is estimated at a maximum of approximately £15 for small to medium sized items and£45 for large items.

Model cancellation form:

To: LivingSocial Limited, 12-27 Swan Yard, London N1 1SD :
I hereby give notice that I cancel my/our contract of sale of the following goods,
Ordered on [*] /received on [*]
Names of consumer,
Address of consumer,
Date

[*] Delete as appropriate

3.3 You will not have any right to cancel a LivingSocial Supply Contract where the Deals Direct Supplied Product:

4. Availability and Delivery

4.1 Your order will be fulfilled by the delivery date set out on your Order Receipt or, if no delivery date is specified, then within 30 days of the date of the LivingSocial Supply Contract, unless there are exceptional circumstances.

5. Risk

5.1 Deals Direct Supplied Products will be at your risk from the time of delivery.

6. Faulty Deals Direct Supplied Products

6.1 We are under a legal duty to supply goods that are in conformity with the LivingSocial Supply Contract. If you discover a fault with any Deals Direct Supplied Products please let us know promptly following delivery using our web form which is available here, selecting the "General Enquiry" option. We will normally offer a repair, exchange or refund. In all cases, we reserve the right to inspect the Deals Direct Supplied Products and verify the fault. We will pay for the costs of returning faulty Deals Direct Supplied Products. For detailed information please visit the Citizens Advice websitewww.adviceguide.org.uk or call 03454 04 05 06.

7. Price and Delivery Charges

7.1 The price of any Deals Direct Supplied Product and any applicable delivery charge will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 3.2 below.

7.2 It is always possible that, despite our best efforts, some of the Deals Direct Supplied Products listed on the Site may be incorrectly priced. We are under no obligation to issue any Deals Direct Product to you at the incorrect (lower) price if the pricing error was obvious and unmistakable and could have reasonably been recognised by you as a mispricing. In these instances, you will receive a full refund of the price paid for the Deals Direct Supplied Products.

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