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For more information please visit Wowcher Wallet Credits.

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Wowcher E-Commerce Terms

(April 2014)

This website ("Site") is operated by Wowcher Limited ("we", "our" or "us"). We are registered in England and Wales under company number 4264984 and have our registered office at Northcliffe House, 2 Derry Street, London W8 5TT. Our VAT number is GB 243 571 174

These terms and conditions comprise 3 parts:

  • Part A - General Terms and Conditions applicable to Part B and Part C;
  • Part B - Issue of Vouchers; and
  • Part C - Wowcher Supplied Products.

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 Wowcher Supplied Products to you, the terms and conditions set out in Part C will apply.

Vouchers and Wowcher 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:

"Cashback Credit" means any credit that you have been awarded through the Cashback Scheme;

"Cashback Scheme" means the scheme that allows you to earn cashback on the Site from third party retailers;

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

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

"Fine Print" means terms and conditions relating to the supply of the Voucher Products or Wowcher 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 Wowcher 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 (also called a Wowcher) which you may redeem (i) at a particular Supplier in exchange for Voucher Products offered by that Supplier; or (ii) as Wowcher Wallet Credit;

"Voucher Contract" means the contract formed between you and Wowcher 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;

"Wowcher Supply Contract" means the contract formed between you and Wowcher for Wowcher Supplied Products;

"Wowcher Supplied Products" means the goods offered and supplied by Wowcher;

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

"Wowcher Wallet Credit" means credit in a Wowcher 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:

  • a. you are legally capable of entering into binding contracts;
  • b. you are resident in the UK and are accessing the Site in the UK; and
  • c. you are at least 18 years old.

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 Wowcher 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:

  • a. for death or personal injury caused by our negligence;
  • b. under section 2(3) of the Consumer Protection Act 1987;
  • c. for fraud or fraudulent misrepresentation; or
  • d. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

2.4 Subject to clause 2.3, 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:

  • a. loss of income or revenue;
  • b. loss of business;
  • c. loss of profits;
  • d. loss of anticipated savings;
  • e. loss of data;
  • f. waste of management or office time; or
  • g. indirect, special or consequential loss.

3. Wowcher Wallet

3.1 The “Wowcher Wallet” is where any credit that you may have been awarded to use on www.wowcher.co.uk (the “Wowcher Website”) will be found.

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

3.3 Credit in your Wowcher 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 Wowcher Wallet, the credit will automatically be applied when you next purchase a Wowcher on the Wowcher Website unless you ask us not to when you place your order.

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

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

4.Written Communications

4.1 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.

5. Events Outside Our Control

5.1 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").

5.2 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.

6. Waiver

6.1 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.

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

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

7. Severability

7.1 If any provision of these terms and conditions or any Voucher Contract or any Wowcher 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.

8. Entire Agreement

8.1 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.

9. Law and Juristiction

9.1 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 Wowcher 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 up to seven working 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 Wowcher Wallet Credit. If you cancel during this period, you will receive a full refund of the price paid for the Voucher.

2.2 To cancel a Voucher Contract, you must inform us in writing by emailing us at enquiries@wowcher.co.uk and 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.

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 Wowcher Wallet Credit or where the Voucher has passed its Expiry Date.

2.4 If you have cancelled the Voucher Contract in accordance with clause 2.1 above then we will refund the amount paid for the Voucher in full and any refund will be made within 30 days of a cancellation made in accordance with clause 2.1 and usually by the same method originally used by you to pay for your purchase.

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

  • a. 100% of the price paid for the Voucher where you redeem it upto 30 days after the date of its issue; or
  • b. 50% of the price paid for the Voucher where you redeem it over 30 days after the date of its issue.

3. Price and Delivery Charges

3.1 The price of any Voucher 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.

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 Wowcher Wallet Credit in respect of any issued Voucher if the pricing error was obvious and unmistakeable 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 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 Wowcher 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 claim to redeem the Voucher for Wowcher Wallet Credit.

4.3 The Voucher Products are provided by the Supplier named on the Voucher in accordance with clause 4.1. The Supplier is solely responsible for:

  • a. providing the Voucher Products to you; and
  • b. the Voucher Products.

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 - Wowcher Supplied Products

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

After placing your order for Wowcher 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 Wowcher Supplied Products. The contract between us (“Wowcher 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 Wowcher Supplied Products, unless referred to expressly in the Fine Print, no voucher will be issued and Wowcher Supplied Products will be sent to the delivery address supplied at checkout.

2. Wowcher Supplied Products

2.1 Unless otherwise stated on the Site, delivery of Wowcher 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 Wowcher 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 Wowcher Supply Contract at any time up to seven working days from the day after the day you receive the Wowcher Supplied Products in accordance with clause 3.2. In this case, you will receive a full refund of the price paid for the Wowcher Supplied Products. Any refund will be made within 30 days and usually by the same method originally used by you to pay for your Product(s).

3.2 To cancel a Wowcher Supply Contract, you must inform us in writing by email to enquiries@wowcher.co.uk and you must also return the Wowcher 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, and at your own cost and risk. You have a legal obligation to take reasonable care of any Wowcher 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.

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

  • a. has been used or, in the case of services, the services have commenced by agreement; or
  • b. is audio or video recordings, video games or software and you have taken it out of the sealed packet in which it was delivered to you; or
  • c. has been made or customized specifically for you; or
  • d. is accommodation, transport, catering or leisure services; or
  • e. is a package holiday; or
  • f. is a newspaper, periodical or magazine; or
  • g. is a betting, gaming or lottery product or service; or
  • h. is by its nature of limited lifespan, such as flowers, fresh food and perishable goods.

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 Wowcher Supply Contract, unless there are exceptional circumstances.

5. Risk

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

6. Faulty Wowcher Supplied Products

6.1 If you discover a fault with any Wowcher Supplied Products please let us know promptly following delivery by email to enquiries@wowcher.co.uk and we will normally offer a repair, exchange or refund. In all cases, we reserve the right to inspect the Wowcher Supplied Products and verify the fault. We will pay for the costs of returning faulty Wowcher Supplied Products. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.

7. Price and Delivery Charges

7.1 The price of any Wowcher Supplied Product 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 Wowcher Supplied Products listed on the Site may be incorrectly priced. We are under no obligation to issue any Wowcher Supplied Product to you at the incorrect (lower) price if the pricing error was obvious and unmistakeable 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 Wowcher Supplied Product.