BAUER CONSUMER MEDIA LIMITED ("Bauer", "we", "us") 21 HOLBORN VIADUCT LONDON EC1A 2DY Company No. 01176085
2.1 In this document we use terms with a capital letter: they have specific defined meanings as set out at the junctures where they occur throughout the text.
2.2 Our website (the "Site") may from time to time allow you the customer to purchase vouchers ("Voucher(s)") which you can redeem to purchase goods or services at a discount from their usual cost from the providers of those goods or services, for example, holidays, restaurant meals or hotel accommodation (the "Merchant(s)").
2.3 These terms and conditions (“Terms”) set out the legally binding terms and conditions upon which we supply the Vouchers to you. Please however also note that individual Vouchers will almost always have specific terms applicable to them (for example, the dates on which the products and services offered may be redeemed by you) and so you should read these Terms together with the specific terms which apply to each Voucher. Furthermore, the products and services offered by a Voucher may have a further set of terms and conditions applicable to them: for example, a Merchant of holiday Vouchers will require you to be bound by the terms and conditions upon which the holidays themselves are provided. In ordering a Voucher from us, you confirm that you understand this and that you agree to be bound by not only these Terms but also by the specific Voucher terms and conditions and the terms and conditions that apply to the relevant products and services that the Voucher entitles you to.
2.4 This Site and the Vouchers are aimed at private individuals who access the Site from within the United Kingdom. We make no representation that any Vouchers or the products and services they may offer, will be available outside the United Kingdom and anyone who chooses to purchase a Voucher from outside the United Kingdom does so on their own initiative and is wholly responsible for the redemption of any Voucher and for compliance with any local law applicable to them.
2.5 The Vouchers are provided in a downloadable electronic format and the communications we send to you will be by email. You will need a suitable computer, suitable connectivity and bandwidth and an email account in order to use this Site and purchase Vouchers and to print off the various communications we send to you for your records and future use. The software, hardware and services involved in this are your responsibility to obtain and we cannot communicate or provide Vouchers by post or any other delivery means other than as set out in these Terms.
2.7 If you have any questions about these Terms please contact us using the following details: Email: firstname.lastname@example.org Address: Bauer Radio Deals Radio House 900 Herries Road Sheffield S6 1RH Telephone: 0845 0171155
Changes to these Terms
3.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check this page of the Site regularly for any updates.
3.2 You will be subject to the Terms in force at the time that you order Vouchers from us, unless any change to these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
4.1 By placing an order through our Site, you warrant that: you are legally capable of entering into a legally binding contractual agreement with us on these Terms; and you are a private individual and not a business; and you are at least 18 years old; and you understand and agree to comply with these Terms.
Registration and Passwords
5.1 Since the purchase of a Voucher for a particular deal requires you to register on the Site and set up an account with us, you will need to complete a registration process by providing certain information (including your name, valid existing personal email address, payment and other details) and registering a password for use in connection with your purchases. You agree that you will provide truthful and accurate information when registering and opening your account. The decision to register a password and open your account is in our discretion and we may revoke your password or account at any time.
5.2 You are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password and on your account and for any access to or use of your account (and this Site generally) by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
5.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of your security.
5.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure or loss of your password. You may not use another person's account at any time without the express permission of the account holder.
5.5 In relation to your account on this Site, the following shall also apply: 5.5.1 any accounts registered or opened with the email address of another person may be closed or we may require the details to be re-entered and re-confirmed by you; 5.5.2 we may close accounts where persons use multiple registrations or if any person seeks to hack or disrupt the Site in any way; 5.5.3 we may close accounts where the user is in breach of these Terms.
5.6 When you register on our Site we reserve the right to send to you promotional and marketing emails in relation to other Vouchers or opportunities which we think may be of interest to you. We also reserve the right to provide your personal information to (1) our group companies (meaning other companies that are members of the same group of companies as Bauer Consumer Media Limited) and (2) Merchants, in order that they too may send you offers of goods and services from time-to-time. You will either be asked for your consent to such usage when you register your information with us or else the opportunity to unsubscribe from further marketing communications. You may also unsubscribe from receiving these communications whenever you receive such a promotional email by clicking on the “unsubscribe” button that will be provided with every such communication.
Making an Order
6.1 You should follow the onscreen instructions on the Site to order a Voucher.
6.2 Vouchers which you order for purchase will automatically be placed in your "shopping cart". To remove a Voucher from your shopping cart, simply click on the "remove" button next to the item as it appears in your shopping cart.
6.3 Once you have clicked the "proceed to checkout" tab you will be asked to provide certain information to allow us to process your order (including your selected payment method: usually debit or credit card details).
6.4 Your order at the checkout represents an offer to us to purchase a Voucher which is accepted by us only when we send you the following confirmation of purchase (“Confirmation”): confirmation that your order has been accepted by us; your Voucher, in printable electronic format, which will include 2 unique codes: the unique voucher code and a separate unique security code ("Voucher Numbers"); and the terms and conditions (including any restrictions or limitations) relating to the redemption of the Voucher (including but not limited to the window of time within which you can redeem the Voucher, whether the Voucher is redeemable in conjunction with any other voucher or offer, and any terms applicable to the products and services that the Voucher entitles you to receive).
6.5 We may reject your order for any reason prior to providing you with your Confirmation. If we reject your order after payment has already been taken, we will provide you with a refund.
Prices and Payment
7.1 We will accept payments made by credit or debit card, although in some instances, we may require payment by bank transfer or other methods and we will advise you prior to purchase where that is the case. Prices that appear on the Site are inclusive of VAT unless otherwise stated. We may change the prices for Vouchers at any time by posting new prices on the Site, but changes will not affect orders for which we have already sent a Confirmation.
7.2 It is always possible that, despite our best efforts to ensure correctness at all times, some of the Vouchers listed on our Site may be incorrectly priced. We will usually verify prices as part of our Confirmation procedure so that, where a Voucher's correct price is less than our stated price, we will charge the lower amount when sending the Confirmation to you. If a Voucher’s correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before sending the Confirmation, or reject your order and notify you of such rejection. We are under no obligation to provide the Voucher to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
7.3 By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement as "Bauer Radio Deals".
7.4 Billing to your credit or debit card will take place at the time that your purchase is ordered through our shopping cart.
Redeeming of Vouchers
8.1 Once you have received your Confirmation, the Voucher is redeemable for the relevant product(s) or service(s) offered by the Merchant on the terms of the Voucher. It is important to note that these are likely to include, without limitation, the dates on which the Voucher is valid to be redeemed and the applicable time windows and start/end times of the redemption period: for example if you buy a Voucher with a 24-hour redemption period at 1730, the 24-hour redemption period may start at midnight rather than when you buy it. Purchase Confirmations may also include any further terms and conditions applicable to the products and services themselves. Any attempted redemption of a Voucher that is inconsistent with these Terms or any of those specific terms may be rendered void at our or the Merchant's discretion. The swapping, part-redemption, trading or handing back of Vouchers for cash or other goods and/or services is only permitted where the terms and conditions of the relevant Merchant permit.
8.2 You acknowledge and agree that the actual products or services for which you can redeem the Vouchers are the entire responsibility and liability of the Merchants to provide. Any defect in a product or failure to perform the service is the responsibility of the Merchant and you acknowledge that your rights of action and all your remedies and recourse will be against the Merchant.
8.3 Please be aware that as mentioned above, Vouchers will normally have a start time and date before which, and an expiry time and date after which you may not redeem it. If you fail to redeem a Voucher within any relevant time periods you will not be entitled to any refund or other right or remedy whether against Bauer or the Merchant in question.
8.4 Subsequent to your purchase of a Voucher, if a separate agreement is reached between you and the Merchant under which you and the Merchant agree to substitute any product or service to which you may be entitled by a Voucher for any alternative products or service, all our legal obligations under these Terms shall be deemed fulfilled and we shall have no further responsibility or liability to you in relation to the said Voucher.
9.1 You may cancel your purchase at any time within 7 working days for any reason, beginning on the day after you receive the Voucher(s), provided that you have not yet redeemed the Voucher with the relevant Merchant. In this case, you will receive a full refund of the price paid for the Vouchers(s) in accordance with our refunds policy set out in Section 10 below.
9.2 Your statutory rights are not affected by anything in these Terms.
10.1 If you cancel your purchase within the 7 day cooling-off period detailed in Section 9.1 above, we will process the refund due to you as soon as possible and, in any event, within 30 days of the day you gave notice of your cancellation. In this case, we will refund the price of the Voucher in full. Obviously, you may not cancel a Voucher if you have redeemed it.
10.2 We will usually make any refund using the same method originally used by you to pay for your purchase.
11.1 You undertake that you shall not reproduce any Voucher or sell a Voucher to a third party. Any attempt to do so will render the Voucher void.
11.2 Neither we nor the Merchant are responsible for any Vouchers or Voucher Numbers which are lost or stolen.
12.1 We do not warrant that the operation of this Site will at all times be uninterrupted or error-free or that we will receive any communications you send to us: proof of sending shall in such cases not be deemed to be proof of receipt by us. Occasionally, technical problems may affect this Site and may delay or prevent delivery of a purchased Voucher, including where we need to take the Site offline for maintenance. In those circumstances, your sole remedy will be either a replacement equivalent Voucher with the same Merchant (subject to availability) or a refund, at out discretion.
12.2 To the maximum extent permissible by law, we will not be liable to you for failures, defects or delays in delivery caused by: 12.2.1 any unavailability or malfunction of this Site (though we will use all reasonable endeavours to ensure continuity of availability of this Site for users); 12.2.2 your provision of incorrect information; 12.2.3 your computer failing to meet the minimum technical requirements for the service; 12.2.4 your failure to comply with instructions for use of the service; or 12.2.5 any event which is outside of our reasonable control.
13.1 We may, in our sole discretion, terminate your password, account or use of this Site without notice if you are in breach of these Terms or if we reasonably believe that your use of those services is unsuitable or detrimental to the Site or any other users. Any ‘scraping’ or hacking of the Site will constitute unacceptable behaviour and will result in termination of your access to the Site.
13.2 Termination, suspension or cancellation of your access rights does not affect any other right or relief to which we may be entitled, at law or in equity.
13.3 On termination, all rights granted to you under these Terms will automatically terminate (save for any continuing rights which you may have in connection with Vouchers which you have already purchased).
13.4 We may withdraw, cancel, suspend or terminate this Site and the offers and services contained in it (including any Voucher offers) in whole or in part, at our absolute discretion at any time, provided that any existing orders for Vouchers that have received a Confirmation will be unaffected.
14.1 You will indemnify and keep us indemnified against any damage, loss, liability or cost incurred by us resulting from: 14.1.1 any breach of these Terms by you; 14.1.2 any claims or legal proceedings brought or threatened against us as a result of your use of this Site, the use of our Site using your password or account (whether by you or any other person), or your receipt and use of any products or services provided pursuant to any Voucher.
15.1 In relation to our supply of Vouchers via this Site and your purchase, redemption and use of the same, including your use of the products and/or services provided (or not provided) by any Merchant, our liability for any losses which you suffer shall be limited to the purchase price of the Voucher paid by you to us. This limitation of liability applies to any liability arising pursuant to these Terms and to any liability arising by reason of the unenforceability and invalidity of any of these Terms. “Liability” as used in these Terms means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever in relation to or arising from or in connection with these Terms and the subject matter hereof.
15.2 We are not liable for any costs or expenses incurred by you that are ancillary to or collateral upon your redemption of a Voucher or your receipt of the relevant products or services: for example, where a Voucher entitles you to a flight ticket, we are not liable for provide airport transfers or where a Voucher entitles you to hotel accommodation we are not liable for the cost of your travel to that accommodation or living expenses whilst there. This exclusion applies also in circumstances where a Merchant cannot provide you with the products/services originally offered by a Voucher and instead agrees to supply you with similar or alternative products or services which may cause you to incur additional expense: such additional expense is solely the liability of the customer.
15.3 This Section does not in any way limit our liability: 15.3.1 for death or personal injury caused by our negligence; 15.3.2 under section 2(3) of the Consumer Protection Act 1987; 15.3.3 for fraud or fraudulent misrepresentation; or 15.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Transfer of Rights and Obligations
16.1 These Terms represent a contract between you and us and is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer or assign, charge or otherwise dispose of any of your rights or obligations arising under it.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose any of your rights or obligations arising under these Terms, at any time. Events Outside Our Control 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. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. 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. For the avoidance of doubt, all communications, including the conlusion of the contract, will be in English. This does not affect your statutory rights.
18.2 All notices given by you to us must be given to Bauer at the contact details set out above. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
19.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.
19.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
19.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
19.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
19.5 These Terms shall be binding on and ensure for the benefit of each party’s successors in title. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.