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LivingSocial E-Commerce Terms

(05 Feb 2025)

This website ("Site") is operated by LivingSocial Europe Limited ("LivingSocial", "we", "our" or "us"). We are registered in Ireland under company number 487251 and have our registered office at 6th Floor, South Bank House, Barrow Street, Dublin 4, Ireland. Our VAT number is IE9759643H.

Where we issue Vouchers on the Site, such transactions are governed by the Voucher Contract Terms and Conditions as set out below.

Voucher Contracts Terms and Conditions

These terms and conditions comprise 3 parts:

  • Part A - General Terms and Conditions, Issue of Vouchers and Redemption of Vouchers
  • Part B - LivingSocial Own Deals
  • Part C - Voucher Validity Extensions
  • Part D - Terms and Conditions for LivingSocial VIP
  • Part E - Protect My Voucher

We issue multi-purpose vouchers. This means that you enter into a contract with LivingSocial for the supply of a multi-purpose voucher. This voucher gives you flexibility to choose where to redeem it and, prior to the Expiry Date, you can choose to redeem your Voucher (a) for the deal that is listed in the Voucher (the "headline" deal); (b) towards any other deal on the Site; or (c) for LivingSocial Wallet Credit.

When you have decided how you wish to redeem your Voucher, you will need to actually "redeem" your Voucher with your chosen Merchant. When you redeem your Voucher, you are entering into a separate contract with the Merchant who will, in exchange for the Voucher, provide the Voucher Products (the "Merchant Contract"). Save for an Auto-Redeem Voucher (as defined below), please remember to redeem your Voucher as, unless you redeem your Voucher, we will not know which Merchant you want to redeem it with and so you will not receive any Voucher Products.

Vouchers 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, E-Commerce Terms 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:

"Auto-Redeem Voucher" is a Voucher which will auto-redeem for the headline deal against which you purchased it after a certain time period. You can recognise an Auto-Redeem Voucher as the deal itself will make clear that the Voucher will auto-redeem and the Voucher will state auto-redeem and indicate the date at which it will auto-redeem.

"Deal Page" means the page on the Site which outlines a deal including details of the Merchant and the Voucher Products offered by such Merchant.

"Expiry Date" means the date specified on a Voucher after which the Voucher is no longer redeemable at (i) a particular Merchant 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 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 Merchant's Terms and Conditions.

"LivingSocial Own Deals" means the goods offered and supplied by LivingSocial where we state on the deal "This deal is brought to you by LivingSocial".

"Returns Information" means the returns information slip included with your Voucher Products.

"Merchant" means the seller of the goods and/or services.

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

"Voucher" means a voucher which you may redeem (i) at a particular Merchant in exchange for Voucher Products offered by that Merchant; or (ii) for another deal; 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 Merchant.

"Voucher Products" means the goods and/or services which are offered by a Merchant.

"Voucher Validity Extension" is an optional add-on which allows you to extend the validity period of an unredeemed Voucher.

"Wellbeing Deal" means a deal which states on the Deal Page that the LivingSocial Wellbeing promise applies.

"LivingSocial Gift Card" means a gift card issued by LivingSocial which can be exchanged for LivingSocial Wallet Credit.

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

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

Part A - General Terms and Conditions

1. Your Status

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

  1. you are legally capable of entering into binding contracts;
  2. you are resident in Ireland and are accessing the Site in Ireland; and
  3. 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.

2.2 Save in relation to LivingSocial Own Products, 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 Merchant. The Merchant is solely liable to you for all Voucher Products and/or any goods and/or services which the Merchant provides to you. Before you redeem a voucher with a Merchant you should do your own research on the Merchant to make sure that you are happy with the Merchant and the products and services that you are redeeming your Voucher for. In addition, please read the Deal Page and the Fine Print so that you are aware of all restrictions.

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

  1. for death or personal injury caused by our negligence;
  2. arising by virtue of the Liability for Defective Products Act 1991;
  3. for fraud or fraudulent misrepresentation; or
  4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

2.4 Nothing in this Agreement excludes any conditions implied pursuant to sections 12, 13, 14 and 15 of the Sales of Goods Act 1893 and/or your rights under the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.

2.5 Subject to clause 2.3, and to the maximum permissible extent under applicable law:

2.4.1 we will only be liable for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the applicable contract was made, both we and you knew it might happen; and

2.4.2 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:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data;
  6. waste of management or office time; or
  7. indirect, special or consequential loss.

2.5 Subject to clause 2.3, and to the maximum permissible extent under applicable law, we are not responsible or liable to you:

  1. for travel, accommodation and other costs and expenses incurred by you in attending the Merchant's premises and/or a reservation, appointment, even if such costs or expenses are wasted or unrecoverable as a result of the cancellation, rescheduling or alteration of a reservation, appointment or an event; and
  2. for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered or delivery of a Voucher Product has been delayed; and
  3. for (i) any time taken off work by you to wait in for a delivery or attend a cancelled, rescheduled or altered reservation, appointment or event and (ii) any costs incurred by you (including but not limited to any costs relating to your "time" or "inconvenience") to liaise with us or a Merchant in relation to the Voucher Products; and
  4. if admission to a Merchant's premises is refused at any time as a result of your breach of any the Merchant's terms and conditions including but not limited to failure to adhere to their cancellation policies or dress codes and, in such cases, you will not be entitled to a refund.

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. There are three types of LivingSocial Wallet Credit: (a) Redeemed LivingSocial Wallet Credit which is LivingSocial Wallet Credit that you have received when you have chosen to redeem you Voucher for LivingSocial Wallet Credit in accordance with clause 8 or when you have redeemed a LivingSocial Gift Card; (b) Promotional LivingSocial Wallet Credit which is LivingSocial Wallet Credit that has been given to you as part of a promotion, an incentive, a goodwill gesture or as a competition prize and which will usually have a short validity period; and (c) Refund LivingSocial Wallet Credit which is LivingSocial Wallet Credit that you receive when you have been refunded in LivingSocial Wallet Credit.

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 Save for as set out in clause 3.4 below, 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 Where you have redeemed a LivingSocial Gift Card for LivingSocial Wallet Credit, your LivingSocial Wallet Credit will expire 12 months after you have redeemed your LivingSocial Gift Card.

3.5 If you receive credit to your LivingSocial Wallet, the credit can be applied when you next purchase a Voucher on the Site save in relation to deals which set out in the Fine Print that highlight that Promotional LivingSocial Wallet Credit cannot be used.

3.6 The maximum amount of Promotional Wowcher Wallet Credit that can be applied to an order is up to 10% of the price of each eligible product, with a £5 cap per eligible product.

3.7 If you cancel a Voucher Contract for a Voucher which you have bought using any Promotional LivingSocial Wallet Credit you will forfeit any such Promotional LivingSocial Wallet Credit and we will only refund you the amount paid for the Voucher in excess of any such Promotional LivingSocial Wallet Credit.

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

4.1 The price of the Voucher Product(s) and your basket total will be as shown on the checkout page when you place your order. Payment via Visa, Mastercard, PayPal, Google Pay or Apple Pay for the basket total is required when you place your order. 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. You should retain copies of the receipts for your records.

4.2 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.

After LivingSocial has issued a Voucher to you, you must choose how to redeem your Voucher.

5. Redeem a Voucher with a Merchant

5.1 LivingSocial will issue the Voucher to you. The Voucher will set out the details of the headline deal (including the Merchant's details and the Voucher Products (i.e. the goods and/or services which will be offered by the Merchant of the headline deal)) and details of how to redeem the Voucher for the headline deal (i) at the Merchant or (ii) where the Merchant has asked us to process the redemptions on their behalf, how to redeem the Voucher on the Site. The Voucher will also set out how it can be redeemed for another voucher or for LivingSocial Wallet Credit or in the LivingSocial Shop. If the Voucher is an Auto-Redeem Voucher it will make clear when the Voucher will auto-redeem.

5.2 The Voucher is valid until the Expiry Date. After the Expiry Date the Voucher will be void and (i) the Merchant will not provide the Voucher Products; (ii) we will not accept a request to redeem for another voucher; (iii) we will not accept a claim to redeem the Voucher for LivingSocial Wallet Credit; (iv) we will not accept a request to redeem the Voucher in the LivingSocial Shop and (v) you will not be able to receive a refund for your Voucher.

5.3 When you redeem a Voucher with a Merchant you enter into a separate contract with the Merchant, the Merchant Contract. The Voucher Products are provided by the Merchant named on the Voucher in accordance with clause 5.1. The Merchant has a legal duty to supply the Voucher Products in conformity with the Fine Print. Please note that the Merchant is solely responsible for:

  1. providing the Voucher Products to you; and
  2. the Voucher Products.

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

5.4 Each Voucher is sold subject to the description on the Deal Page (including but not limited to the Fine Print) which sets out additional specific conditions related to that Voucher Product including, without limitation, terms and conditions concerning estimated delivery dates and times, availability and warranties (each as applicable). We will take reasonable care to check with the Merchant to ensure that all details, descriptions and prices of Voucher Products appearing on the Site are correct but please note that the details and descriptions are provided to us by the applicable Merchant and we cannot be held responsible for any inaccuracies. As we aim to keep the Site as up to date as possible, the information appearing on this Site at a particular time may not always reflect the position exactly at the moment you placed your Voucher Contract.

5.5 The images of the Voucher Products on the Site are for illustrative purposes only. Your Voucher Products may vary slightly from those images. In relation to goods, although we have made every effort to display the Voucher Products accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. The packaging of the goods may also vary from that shown in images on the Site.

5.6 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 5.6.

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

5.8 It is at the discretion of the Merchant whether to accept a Voucher for alternative goods and/or services to the Voucher Products provided that, where a Voucher is redeemed at a Merchant 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.

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

5.10 Neither we nor the Merchant are responsible for lost or stolen Vouchers.

5.11 To ensure you get the best service, if after you have redeemed your Voucher with a Merchant, the applicable Merchant informs us that they are no longer able to fulfil your order, we might share your information with an alternative Merchant who is able to provide you with the same or similar goods or services as the Voucher Products ("Alternative Voucher Products"). We will inform you if we are able to provide you with Alternative Voucher Products. If you do not wish to receive the Alternative Voucher Products, please respond to the communication advising you of the Alternative Voucher Products or Contact us to let us know.

6. Redeem a Voucher Towards Another Voucher

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

6.2 Save in relation to a Wellbeing Deal, 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.

6.3 For a Wellbeing Deal, 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 before the Expiry Date of the original Voucher.

6.4 The "LivingSocial Wallet" is where any excess funds which results from the transaction will be found. Such funds will be valid for 3 months from the date of the communication to you awarding you the original Voucher.

7. Redeem a Voucher as LivingSocial Wallet Credit

7.1 After you purchase a Voucher, instead of redeeming it with the Merchant, you can redeem it for LivingSocial Wallet Credit.

7.2 Save in relation to a Wellbeing Deal, the Voucher can be redeemed with us prior to the Expiry Date for a LivingSocial Wallet Credit to the value of:

  1. 100% of the price paid for the Voucher where you redeem it upto 30 days after the date of its issue; or
  2. 50% of the price paid for the Voucher where you redeem it over 30 days after the date of its issue.

7.3 For a Wellbeing Deal, the Voucher can be redeemed with us prior to the Expiry Date for a LivingSocial Wallet Credit to the value of 100% of the price paid for the Voucher where you redeem it upto 6 months after the date of its issue.

8. Cancellations and Refunds

Before you have redeemed your Voucher:

8.1 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 Merchant 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.

8.2 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 https://www.livingsocial.ie/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 Europe Limited, 6th Floor, South Bank House, Barrow Street, Dublin 4

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

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

8.4 If you have cancelled the Voucher Contract in accordance with clause 8.2 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 8.2 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.

After you have redeemed your Voucher:

8.5 Subject to clause 8.9 below, where the Voucher Products are goods, you have a legal right to change your mind and cancel your Merchant Contract at any time up to 14 days from the day after the day you receive the Voucher Products (unless you have ordered a bespoke product which has been custom made to their your requirements. Any bespoke products cannot be returned or refunded unless faulty). In this case, you will receive a full refund of the price paid for the Voucher Products including, subject to clause 8.6, any postage costs that you paid when placing your order. Any refund will be made within 14 days of receipt by us of the Voucher Products, or (if earlier) the day on which you supply evidence of having sent the Voucher Products back and by the same method originally used by you to pay for your Voucher Products unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

8.6 The maximum refund for postage costs will be the costs of postage by the least expensive delivery method that was offered. For example, if we offered delivery of goods within 5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.7 To exercise the right to cancel a Merchant Contract in accordance with clause 8.5, you must inform the applicable Merchant of your decision to cancel the Voucher Contract by a clear statement or you may use the below model cancellation form or you may complete the "Contact Us" form on the Site at www.livingsocial.ie/page/contactus and select "request refund" from the drop down menu. You must also return the Voucher Products to the address set out in the Returns Information included in your delivery, in the same condition in which you received them: you must send off the returned Voucher Products within 14 days of telling us you wish to end the Merchant Contract.

8.8 Returns are at your own cost and risk and the Merchant will not pay for any returns postage. You have a legal obligation to take reasonable care of any Voucher Products while they are in your possession. If you fail to comply with this obligation, the applicable Merchant may have a right of action against you for compensation. Where Voucher Products are not suitable for posting, the applicable Merchant will arrange for them to be collected and you will have to bear the direct cost for returning the Voucher Products. Whilst costs will be dependent on the item and the delivery provider used by the Merchant, the cost is estimated at approximately €15 for small to medium sized items and €45 for large items.

8.9 You will not have any right to cancel a Merchant Contract where the Voucher Products:

  1. have been used; or
  2. are audio or video recordings, video games or software and you have installed it or taken it out of the sealed packet in which it was delivered to you; or
  3. has been made or customized specifically for you; or
  4. are products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
  5. become mixed inseparably with other items after their delivery; or
  6. are by their nature of limited lifespan, such as flowers, fresh food and perishable goods; or
  7. are for a holiday which has been booked; or
  8. are for a ticket for an event on a named day.

9. Price and Delivery Charges

9.1 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 9.2 below. Unless expressly stated on the Site, delivery of Voucher Products will only be made to addresses in the United Kingdom mainland.

9.2 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, Merchants 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.

9.3 For certain deals, we charge an administration fee. If an administration fee is charged, this will be indicated on the applicable Deal Page. Administration fees are calculated based on the total value of the order you are placing and not related to the price of a specific deal. Please see www.livingsocial.ie/page/admin-fee.

10. Availability and Delivery

10.1 Your order will be fulfilled by the delivery timescale set out on the Deal Page or, if no delivery date is specified, then within 30 days of the date of the Merchant Contract, unless there are exceptional circumstances. Voucher Products will be at your risk from the time of delivery. This means that goods will be your responsibility from the time the Merchant delivers the Voucher Products to the address you gave when you formed your Merchant Contract.

10.2 If you have not received your Voucher Products by the estimated delivery date, please contact the Merchant as soon as possible. Please note that neither we or the Merchant are able to investigate any claims of non-delivery over 60 days after the date that you redeemed your Voucher with the applicable Merchant.

10.3 Unless otherwise stated on the Site, delivery of Voucher Products will only be made to addresses in the United Kingdom mainland.

10.4 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 Merchant 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.

10.5 For age restricted products, delivery will only be made once we have verified your age. If we do not receive your photo identification evidencing your age as requested, a Merchant Contract will not be formed and a refund of the price paid will be issued.

11. Faulty Goods

11.1 A Merchant is under a legal duty to supply goods that are in conformity with the Merchant Contract. If you discover a fault with any goods please let the Merchant know promptly.

11.2 A Merchant will normally offer a repair, exchange or refund of faulty goods. In all cases, we reserve the right to inspect the goods and verify the fault.

11.3 The Merchant will pay for the costs of returning any goods that are faulty.

11.4 For detailed information please visit a website provided by the Citizens Information Board on or call 0761 074000.

12. Risk

12.1 Voucher Products will be at your risk from the time of delivery.

13. Complaint Handling Policy

13.1 Once you have redeemed your voucher with a Merchant, as you will have a separate contract with the Merchant to supply the Voucher Products, if you need help with your order or have a complaint about the Voucher Products, in the first instance your complaint should be addressed to the Merchant directly who should be able to answer any concerns that you may have.

13.2 If you have a question about the Site, how we operate, a Voucher that you have not yet redeemed or, where you have redeemed your voucher and have failed to reach a satisfactory conclusion with the Merchant in accordance with clause 6.1, you can contact us as follows:

  • By completing our "Contact Us" form on the Site at www.livingsocial.ie/page/contactus.
  • By telephone on 015 269 686 between 9:00-16:00 Monday to Friday. Calls are charged at the national rate. Costs from mobiles will vary. Please have your order number ready.
  • By email to cs@dealhelp.co.uk.

13.3 We aim to provide an initial response to all questions and complaints within 72 hours. Please note that as the Merchant has specialist knowledge of the Voucher Products, when you contact us we will email the Merchant on your behalf, copying you in, asking them to look into your concern and asking them to reply to you directly.

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

13.5 If you, as a merchant of LivingSocial have a complaint please email mscomplaints@livingsocial.ie. Please include as much information as possible to enable us to deal with complaint efficiently. We will endeavour to respond within 5 business days. An overview of the complaints handled as part of this system will be posted www.livingsocial.ie/page/merchantfaqs in due course.

14. Privacy Policy

15.1 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.

15. Written Communications

15.1 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.

16. Events Outside Our Control

16.1 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").

16.2 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.

17. Waiver

17.1 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.

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

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

18. Severability

18.1 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.

19. Entire Agreement

19.1 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.

20. Dispute Resolution

20.1 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 the platform.

21. Law and Jurisdiction

21.1 These terms and conditions are governed by Irish 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 Ireland.

Part B - LivingSocial Own Deals

This part only applies to LivingSocial Own Deals.

Please note that we are the Merchant of LivingSocial Own Deals. The Part A terms and conditions shall apply to the purchases of these deals save where stated otherwise below.

1. Our Liability

1.2. As the Merchant, we are responsible for the Voucher Products and/or any other goods and/or services for which a Voucher can be redeemed. Please read the Deal Page and the Fine Print so that you are aware of any restrictions applicable to the Voucher.

1.3 This clause 1 does not include or limit in any way our liability:

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

1.4 Subject to clause 1.3, and to the maximum permissible extent under applicable law:

1.4.1 we will only be liable for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the applicable contract was made, both we and you knew it might happen; and

1.4.2 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:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data;
  6. waste of management or office time; or
  7. indirect, special or consequential loss.

1.5 Subject to clause 1.3, and to the maximum permissible extent under applicable law, we are not responsible or liable to you:

a. for any loss of enjoyment or amenity, including where delivery of a Voucher Product has been delayed; and b. for (i) any time taken off work by you to wait in for a delivery and (ii) any costs incurred by you (including but not limited to any costs relating to your "time" or "inconvenience") to liaise with us in relation the Voucher Products.
  1. for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered or delivery of a Voucher Product has been delayed; and
  2. for (i) any time taken off work by you to wait in for a delivery or attend a cancelled, rescheduled or altered reservation, appointment or event and (ii) any costs incurred by you (including but not limited to any costs relating to your "time" or "inconvenience") to liaise with us or a Merchant in relation the Voucher Products; and

2. Redeem a Voucher with us

2.1 LivingSocial will issue the Voucher to you. The Voucher will set out the details of the headline deal (including the Voucher Products) and details of how to redeem the Voucher for the headline deal on the Site. The Voucher will also set out how it can be redeemed for another voucher or for LivingSocial Wallet Credit or in the LivingSocial Shop. If the Voucher is an Auto-Redeem Voucher it will make clear when the Voucher will auto-redeem.

2.2 The Voucher is valid until the Expiry Date. After the Expiry Date the Voucher will be void and (i) we will not provide the Voucher Products; (ii) we will not accept a request to redeem for another voucher; (iii) we will not accept a claim to redeem the Voucher for LivingSocial Wallet Credit; (iv) we will not accept a request to redeem the Voucher in the LivingSocial Shop and (v) you will not be able to receive a refund for your Voucher.

2.3 We have a legal duty to supply the Voucher Products in conformity with the Fine Print. If you have any complaint in relation to the Voucher Products you should contact us at cs@dealhelp.co.uk.

2.4 Each Voucher is sold subject to the description on the Deal Page (including but not limited to the Fine Print) which sets out additional specific conditions related to that Voucher Product including, without limitation, terms and conditions concerning estimated delivery dates and times, availability and warranties (each as applicable). We will take reasonable care to check that all details, descriptions and prices of Voucher Products appearing on the Site are correct. As we aim to keep the Site as up to date as possible, the information appearing on this Site at a particular time may not always reflect the position exactly at the moment you placed your Voucher Contract.

2.5 The images of the Voucher Products on the Site are for illustrative purposes only. Your Voucher Products may vary slightly from those images. In relation to goods, although we have made every effort to display the Voucher Products accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. The packaging of the goods may also vary from that shown in images on the Site.

2.6 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 2.6.

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

2.8 It is at our discretion whether to accept a Voucher for alternative goods and/or services to the Voucher Products provided that, where a Voucher is redeemed 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.

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

2.10 We are not responsible for lost or stolen Vouchers.

3. Cancellations and Refunds

Before you have redeemed your Voucher:

3.1 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. If you cancel during this period, you will receive a full refund of the price paid for the Voucher.

3.2 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 https://www.livingsocial.ie/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 Europe Limited, 6th Floor, South Bank House, Barrow Street, Dublin 4

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

3.3 You will not have any right to cancel a Voucher Contract where the Voucher has already been redeemed or where the Voucher has passed its Expiry Date.

3.4 If you have cancelled the Voucher Contract in accordance with clause 9.2 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 9.2 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.

After you have redeemed your Voucher:

3.5 Subject to clause 3.4 below, where the Voucher Products are goods, you have a legal right to change your mind at any time up to 14 days from the day after the day you receive the Voucher Products. In this case, you will receive a full refund of the price paid for the Voucher Products including, subject to clause 9.6, any postage costs that you paid when placing your order. Any refund will be made within 14 days of receipt by us of the Voucher Products, or (if earlier) the day on which you supply evidence of having sent the Voucher Products back and by the same method originally used by you to pay for your Voucher Products unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

3.6 The maximum refund for postage costs will be the costs of postage by the least expensive delivery method that was offered. For example, if we offered delivery of goods within 5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

3.7 To exercise the right to cancel in accordance with clause 3.5, you must inform us of your decision to cancel the Voucher Contract by a clear statement or you may use the below model cancellation form or you may complete the "Contact Us" form on the Site at https://www.livingsocial.ie/page/contactus and select "request refund" from the drop down menu. You must also return the Voucher Products to the address set out in the Returns Information included in your delivery, in the same condition in which you received them and include the reason for requesting a refund along with the voucher code found on the Voucher: you must send off the returned Voucher Products within 14 days of requesting your refund.

3.8 Returns are at your own cost and risk and we will not pay for any returns postage. You have a legal obligation to take reasonable care of any Voucher Products while they are in your possession. If you fail to comply with this obligation, we have a right of action against you for compensation. Where Voucher Products are not suitable for posting, we will arrange for them to be collected and you will have to bear the direct cost for returning the Voucher Products. Whilst costs will be dependent on the item and the delivery provider used, the cost is estimated at approximately £15 for small to medium sized items and £45 for large items.

You will not have any right to cancel your contract, and will not be eligible for an exchange or refund (unless faulty or not as described) and LivingSocial will not be liable for the cost of any returns where the Voucher Products:

  1. have been used; or
  2. have been opened or unsealed (other than where necessary to inspect); or
  3. are without original packaging or labels; or
  4. or the packaging of the Voucher Products, is in a poor condition; or
  5. are audio or video recordings, video games or software and you have installed it or taken it out of the sealed packet in which it was delivered to you; or
  6. has been made or customized specifically for you; or
  7. are products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
  8. become mixed inseparably with other items after their delivery; or
  9. are by their 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 timescale set out on the Deal Page or, if no delivery date is specified, then within 30 days of the date you redeem your Voucher in return for a Voucher Product, unless there are exceptional circumstances. Voucher Products will be at your risk from the time of delivery. This means that goods will be your responsibility from the time we deliver the Voucher Products to the address you gave when you redeemed your voucher.

4.2 If you have not received your Voucher Products by the estimated delivery date, please contact us as soon as possible. Please note that we are not are able to investigate any claims of non-delivery over 60 days after the date that you redeemed your Voucher.

4.3 Unless otherwise stated on the Site, delivery of Voucher Products will only be made to addresses in the United Kingdom mainland.

4.4 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 refund of the price paid will be issued. The Fine Print will make it clear if this clause 2.2 applies.

4.5 For age restricted products, delivery will only be made once we have verified your age. If we do not receive your photo identification evidencing your age as requested, a refund of the price paid will be issued.

4.6 If we are unable to deliver your Voucher Product and it is therefore returned to sender, you will be refunded the value of your Voucher Product plus postage costs (in line with clause 3.6), however we are entitled to deduct the cost of fees incurred in returning your Voucher Product to sender from the value refunded.

5. Faulty Goods

5.1 If you discover a fault with any goods please let us know promptly. We will normally offer a repair, exchange or refund of faulty goods. In all cases, we reserve the right to inspect the goods and verify the fault.

5.2 We will pay for the costs of returning any goods that are faulty.

5.3 For detailed information please visit the Citizens Advice website https://www.adviceguide.org.uk..

5.4 If we are required to recall a Voucher Product, we will email the email address associated with the account that was used to purchase the Voucher. A list of all Voucher Products that we have recalled is available at https://www.livingsocial.ie/page/productrecalls and we would recommend that you check this page regularly.

6. Complaint Handling Policy

6.1 If you need help with your order or have a complaint about the Voucher Products, have a question about the Site, how we operate, or a Voucher that you have not yet redeemed, you can contact us as follows:

By completing our "Contact Us" form on the Site at https://www.livingsocial.ie/page/contactus.

By email to cs@dealhelp.co.uk.

Via whatsapp https://api.whatsapp.com/send?phone=447917171746.

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 https://www.livingsocial.ie/page/faqs.

Part C - Voucher Validity Extensions

This part only applies to Voucher Validity Extensions.

1. Purchase of Voucher Validity Extension

1.1. Voucher Validity Extension is only available for purchase on selected deals, as indicated to you on the Site.

1.2. Voucher Validity Extension is available for purchase up to 7 days before the Voucher Expiry Date.

1.3. When you purchase a Voucher Validity Extension for a Voucher, the original Expiry Date for that Voucher will be extended by up to 3 Months (subject to extension availability).

1.4. Once purchased, a Voucher Validity Extension cannot be transferred to another Voucher.

1.5. A Voucher can only be extended once.

2. Price

2.1. The price of any Voucher Validity Extension will be as quoted on the Site (inclusive of VAT (if applicable)).

2.2. The price of any Voucher Validity Extension is determined by a number of factors. We reserve the right to change the price, or the method by which the price is calculated, at any time.

2.3. The price of the Voucher Validity Extension will increase as a Voucher gets closer to its original Expiry Date.

2.4. Voucher Validity Extensions are non-refundable once purchased.

Part D - Terms and Conditions for LivingSocial VIP

1.1 By signing up to LivingSocial VIP membership, you are deemed to accept and be bound by these terms and conditions.

1.2 You agree that LivingSocial may modify these terms and conditions at any time, in accordance with clause 13. You therefore agree

  1. to review these terms and conditions from time to time and
  2. that you are bound by any modified versions of the terms and conditions for the duration of your LivingSocial VIP membership.

2. How to contact us

2.1 These terms do not affect your statutory rights as a consumer. If you have any questions or require clarification on these terms, you can contact our customer service team (Customer Service Team) in the following ways:

  1. By completing our "Contact Us" form on the Site at https://www.livingsocial.ie/page/contactus.
  2. By email to cs@dealhelp.co.uk.
  3. Via whatsapp https://api.whatsapp.com/send?phone=447917171746.

3. What is included within LivingSocial VIP membership?

3.1 As a member of LivingSocial VIP, you may be entitled to:

  1. Early access to our best deals
  2. Exclusive offers, discount codes and credit offerings
  3. Priority customer service on WhatsApp and Email
  4. Free entry into competitions

3.2 The features and services available to you through LivingSocial VIP membership are subject to change. LivingSocial reserves the right, in its reasonable discretion to substitute any feature or service offered with LivingSocial VIP membership.

4. LivingSocial VIP membership eligibility

4.1 LivingSocial VIP membership is only available to IE residents, excluding employees and agents of (a) LivingSocial or (b) any company connected with the production or distribution of LivingSocial VIP membership, as well as their relatives or members of their family or household.

4.2 You must be aged 18 years or over at the date of your LivingSocial VIP membership sign up. Proof of eligibility must be provided upon request.

4.3 If you are not already a subscriber to the LivingSocial website, you will be required to create an account on the LivingSocial website to create an account, email and credit card details are required. All correspondence regarding your LivingSocial VIP membership shall be sent to the email address registered to your account.

4.4 You will be sent a welcome email when you subscribe to LivingSocial VIP to the email address that you used to sign up to LivingSocial.

4.5 LivingSocial does not accept any responsibility for any LivingSocial VIP membership sign up attempts which are not properly submitted, regardless of cause, including (for example) a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. LivingSocial will not accept proof of transmission as proof of membership.

4.6 LivingSocial reserves the right to accept or refuse LivingSocial VIP membership acting in its sole discretion.

5. What is the cost of LivingSocial VIP membership?

5.1 By subscribing to LivingSocial VIP, you agree to either an annual subscription of €4.99 or a 6 monthly subscription of €4.99 which will renew automatically unless cancelled. This applies to all payment methods (cards, Google Pay, Apple Pay, PayPal) available at checkout, except Klarna and Clearpay. On signup it will be made clear which subscription you are signing up to and the period will depend on where in the checkout journey VIP is purchased. The first recurring payment (other than for payments by Klarna or ClearPay) will be taken at the time of subscription or immediately after any free or reduced welcome period has concluded and subsequent payments will be charged to the payment method on file. You will be notified at least 14 days before, and again 5 days before, your renewal date - the renewal notification will include details of any changes to the price or the service. You may cancel your subscription at any time before the next renewal date.

5.2 Your subscription will automatically renew on the anniversary of your VIP membership date. If the payment fails, your VIP membership will be terminated, and you will need to complete the sign-up process again.

5.3 You will be sent a reminder of your auto renewal by email fourteen (14) days prior to your renewal date, and a further reminder five (5) days prior to your renewal date. You will be able to stop the automatic renewal of c VIP by amending your settings in My Account or by contacting LivingSocial Customer Services.

5.4 Any vouchers, deals or other services purchased from LivingSocial during your LivingSocial VIP membership shall be charged separately and are not included within the cost of your LivingSocial VIP membership.

5.5 For payment methods Klarna and Clearpay Only - By signing up to be a LivingSocial VIP, you agree to a LivingSocial VIP membership that does not auto-renew. The membership period will be up to 12 months; the number of months of membership will be displayed at the time of purchase. You agree to us charging you the one off LivingSocial VIP membership fee to the card used to purchase LivingSocial VIP membership at the point of checkout.

6. Non-transferable

6.1 LivingSocial VIP membership is not transferable and may not be re-sold. The services offered to you via your LivingSocial VIP membership may not be transferred, shared, or assigned to any other person, and may only be used by the individual named on the account associated with the LivingSocial VIP membership.

7. Termination of LivingSocial VIP membership

7.1 By us - LivingSocial reserves the right, in its sole discretion, to modify, suspend or cancel the LivingSocial VIP membership offering at any time in any manner, in whole or in part acting in its sole discretion. In the event that it reasonably considers you to have acted in breach of these terms and conditions, in a manner that is detrimental to LivingSocial, or in breach of the laws and regulations of England and Wales, LivingSocial shall be entitled to terminate your LivingSocial VIP membership and you shall not be entitled to a refund. LivingSocial shall have no liability to you as a result of any such termination.

7.2 By you - You are entitled to cancel your LivingSocial VIP membership without giving any reason within 14 days after the day you sign up to LivingSocial VIP membership. This can be done by reaching out to our Customer Services team shown here: https://www.livingsocial.ie/page/contactus. This is known as the "Cooling Off" period. You will receive a refund of any LivingSocial VIP subscription fees paid during the Cooling Off period.

7.3 After this period, you may cancel at any time by contacting LivingSocial Customer Services or by amending your settings in My Account. Cancellation will take effect at the end of the current subscription term and can be managed within the My Subscriptions page: https://www.livingsocial.ie/myaccount/subscriptions. You will receive benefits up to and until the expiry date of your then current subscription, at which point the subscription will automatically terminate.

8. Communication

8.1 LivingSocial will communicate subscription-related updates, such as renewal reminders, price changes, and changes to features, via the email address registered to your account. It is your responsibility to ensure your contact details are accurate and up to date.

Part E - Protect My Voucher

This part only applies to Protect My Voucher.

1. Purchase of Protect My Voucher

1.1. Protect My Voucher is only available for purchase on selected deals, as indicated to you on the Site, at the time of initial purchase.

1.2. When you purchase Protect My Voucher for a Voucher, the refundable period for that Voucher will be extended until 7 Days before Voucher Expiry Date.

1.3. Unredeemed protected Vouchers can be self-refunded to original payment method via MyWowcher/MyVoucher page or refunded via usual customer service routes.

1.4. Once purchased, Protect My Voucher cannot be transferred to another Voucher.

2. Price

2.1. The price of any Protect My Voucher will be as quoted on the Site (inclusive of VAT).

2.2. We reserve the right to change the price of any Protect My Voucher, or the method by which the price is calculated, at any time.

2.3. Protect My Voucher is non-refundable once purchased.