The Big Daily Deal Company
Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we may sell the Vouchers listed on our website www.bigdailydealcompany.co.uk (the “Site“) to you.
Please read these terms and conditions carefully before ordering any Vouchers from the Site. You should understand that by ordering any of our Vouchers, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Vouchers from the Site.
1. INFORMATION ABOUT US
1.1 We operate the Site. We are The Big Daily Deal Company Limited, a company registered in England and Wales under company number 7476140 and with our registered office at America House, Rumford Court, Rumford Place, Liverpool, Merseyside L3 9DD.
In these terms and conditions:
"Expiry Date" means the date specified on a Voucher after which the Voucher is no longer redeemable at a particular Trader;
"Maximum Order Point" means the maximum number of orders that will be available for Vouchers as set out on the Site;
"Trader" means a third party seller of goods and/or services for which a Voucher can be redeemed;
"Voucher" means a voucher which, if purchased by you, allows you to redeem it at a particular Trader in exchange for Voucher Products offered by that Trader; and
"Voucher Products" means the goods and/or services which are offered by a Trader in exchange for a Voucher.
3. YOUR STATUS
By placing an order through the Site, you warrant that:
3.1 you are legally capable of entering into binding contracts;
3.2 you are at least 18 years old;
3.3 you are resident in the [United Kingdom]; and
3.4 you are accessing the Site from the [United Kingdom].
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted even if your payment has been processed. Your order constitutes an offer to us to buy a Voucher. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail dispatching the Voucher (the “Dispatch Confirmation“). The contract between us (the “Contract“) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Vouchers whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Vouchers which may have been part of your order until the dispatch of such Vouchers has been confirmed in a separate Dispatch Confirmation.
4.3 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 Contract is formed.
4.4 Each promotion of Voucher Products has a Maximum Order Point which when reached means that such promotion is closed and no further offers to purchase the relevant Voucher will be accepted.
5. OUR STATUS
5.1 We may also provide links on the Site to the websites of the Traders (or other businesses), whether or not they are affiliated with us. We cannot give any undertaking that products you purchase from a Trader or third party sellers through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6.1 You may cancel a Contract at any time within seven working days, beginning on the day after you receive the Voucher provided that you have not already redeemed the Voucher through the relevant Trader. In this case, you will receive a full refund of the price paid for the Voucher in accordance with our refunds policy (below).
6.2 To cancel a Contract, you must inform us in writing by emailing us at firstname.lastname@example.org. You must destroy the Voucher (including any printed copies of it) and delete any emails sent to you which contain a copy of the Voucher. If you fail to comply with this obligation or attempt to use a cancelled Voucher, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract where the Voucher has already been redeemed at a Trader.
7. RISK AND TITLE
7.1 A Voucher will be at your risk from the time of receipt of the Dispatch Confirmation.
7.2 Ownership of a Voucher will only pass to you when we receive full payment of all sums due in respect of the Voucher.
8.1 The price of any Voucher will be as quoted on the Site from time to time, except in cases of obvious error.
8.2 Prices quoted for Vouchers are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.3 The Site advertises a large number of Vouchers and it is always possible that, despite our best efforts, some of the Vouchers listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Voucher’s correct price is less than our stated price, we will charge the lower amount when dispatching the Voucher to you. If a Voucher’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Voucher, or reject your order and notify you of such rejection.
8.4 We are under no obligation to provide the Voucher to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.5 The Traders are not obliged to accept any issued Voucher if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
9.1 Payment for all Vouchers must be by credit or debit card. We accept payment with Visa, Delta, Mastercard, Switch & Paypal.
10. REFUNDS POLICY
10.1 If you cancel a Contract within the seven-day cooling-off period (provided this is in accordance with clause 6 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price paid for the Voucher in full.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your Voucher.
11.1 The Voucher will set out the Trader’s details and the Voucher Products and details of how to redeem the Voucher.
11.2 The Voucher is valid until the Expiry Date. After the Expiry Date, the Voucher will be void and the Trader will not provide the Voucher Products.
11.3 The Voucher Products are provided by the Trader named on the Voucher in accordance with clause 11.1. The Trader is solely responsible for:
11.3.1 providing the Voucher Products to you; and
11.3.2 the Voucher Products.
11.4 In the event that you have any complaint in relation to the Voucher Products you should contact the Trader directly.
11.5 Each Trader will have their own applicable terms and conditions in relation to the supply of the Voucher Products and, by placing an order through the Site, you warrant that you agree to and will abide by the Trader’s terms and conditions.
11.6 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 11.6.
11.7 It is at the discretion of the Trader whether a Voucher can be combined with any other offer, vouchers, promotions, coupons or gift vouchers.
11.8 It is at the discretion of the Trader whether to accept a Voucher for alternative goods and/or services to the Voucher Products provided that, where a Voucher is redeemed at a Trader for alternative goods and/or services, there is no entitlement to a refund or credit if such goods and/or services received are less that the Voucher’s stated face value.
11.9 Except where expressly stated, Vouchers can only be redeemed in their entirety and may not be redeemed in part and/or instalments.
11.10 Neither we nor the Trader are responsible for lost of stolen Vouchers.
12. OUR LIABILITY
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Voucher.
12.2 We are not responsible for the Voucher Products and/or any other goods or services for which a Voucher can be redeemed. The Trader is solely liable to you for all Voucher Products and/or any goods and/or services which the Trader supplies to you.
12.3 Subject to clause 12.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
12.3.1 loss of income or revenue;
12.3.2 loss of business;
12.3.3 loss of profits;
12.3.4 loss of anticipated savings;
12.3.5 loss of data;
12.3.6 waste of management or office time; or
12.3.7 indirect, special or consequential loss.
12.4 Nothing in these terms and conditions excludes or limits our liability for:
12.4.1 death or personal injury caused by our negligence;
12.4.2 fraud or fraudulent misrepresentation; or
12.4.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. WRITTEN COMMUNICATIONS
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. This condition does not affect your statutory rights.
All notices (other than cancellations which shall be given in accordance with 6.2) given by you to us must be given to us at [email@example.com]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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 under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event“).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks; and
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure 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 bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions 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 constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. YOUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order a Voucher from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Voucher).
21. LAW AND JURISDICTION
Contracts for the purchase of Vouchers through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.