Terms of Sale
By purchasing any
Deal, Product or profit from any service offered by us or by Merchants on our
Site, you agree to the Terms and Conditions, Privacy Policy, including, without
limitation, the Terms of Sale specified below.
(a)
General Terms
The deals and
products posted and advertised on Ofrero are offered by Merchants or third
party sellers/dealers who provide us with all images, descriptions and
additional information related to their products and services. We do not investigate
the validity of this data. We are not responsible for any claims associated
with this data or any information provided by merchants and third parties on
our Site. These entries as well as prices and quantities, or any information
related to these products and services offered on our Site may change at any
time without notice and to our sole discretion.
While we
reasonably try to offer the most secure shopping experience on or Site, we
cannot guarantee the same intentions by the Merchants and other third parties
partnering with us. We require that all merchants wishing to advertise goods
and services with us to be a legally registered entity; however, we do not
investigate the commercial information they provide us. Ofrero is not
responsible for any wrong information given by the merchants and third parties
nor are we responsible for any claims related to fraudulent activities by them.
By purchasing any Deal or Product via our Site you acknowledge that you are the
sole entity responsible for investigating the merchant or third party offering
the Deals or Products you are purchasing or profiting from. You should make all
the necessary investigations to ensure that the offering parties are qualified
to provide the advertised goods and/or services; and that the good and/or service
is of the advertised quality. In case of any discrepancy between the advertised
Deal or Product and the real one, the merchant or third party are the only
entities holding responsibilities toward you.
Ofrero is not a
health or wellness provider and does not, will not and cannot refer, recommend
or endorse any specific professional, services, products or procedures that are
advertised on the Site. The Site is not a substitute for professional advice,
including, without limitation, medical advice, diagnosis or treatment. Always
seek the advice of your physician or other qualified health provider with any
questions you may have regarding a health condition. Never neglect to seek out
or delay or disregard professional advice relating to your health because of
something you have read on the Site.
Ofrero may, in
its sole discretion, verify a user’s identity prior to processing a purchase. Ofrero
may also refuse to process a purchase, may cancel a purchase, or may limit
quantities or shipment to particular addresses, as reasonably deemed necessary,
to comply with applicable law or to respond to a case of misrepresentation,
fraud or known or potential violations of the law or these Terms of Use.
Refunds for cancelled orders may be issued where appropriate.
If an offer
becomes unavailable between ordering and processing, Ofrero will either cancel
or not process the order and will notify you by email.
Ofrero does not
guarantee that it offers best available rates or prices and does not guarantee
against pricing errors. Ofrero reserves the right, in its sole discretion, to
not process or to cancel any orders placed, including, without limitation, if
the price was incorrectly posted on the Site. If this occurs, Ofrero will
attempt to notify you by email. In addition, Ofrero reserves the right, in its
sole discretion, to correct any error in the stated retail price of the Deal and/or
Product.
(b)
Vouchers and Partial Vouchers
In this paragraph we refer to
vouchers and partial vouchers as vouchers.
Vouchers are redeemable for certain goods, services or experiences offered by,
or facilitated through, the Merchant identified on the Voucher. The Merchant is
solely responsible for redeeming the Voucher. Furthermore, the Merchant is
fully and solely responsible for the care and quality of all goods and services
it provides to you and for any and all injuries, illnesses, damages, claims,
liabilities and costs (“Liabilities”) it may cause you to suffer,
directly or indirectly, in full or in part, whether related to the use or
redemption of a Voucher or not. You waive and release Ofrero and its
subsidiaries, affiliates, partners, officers, directors, employees and agents
from any Liabilities arising from or related to any act or omission of a
Merchant in connection with your use of a Voucher or the goods, services or
experiences a Merchant provides in connection with the Voucher.
By purchasing, viewing a
mobile version, printing, accepting, using or attempting to use any Voucher,
you agree specifically to the terms on the Voucher and any additional
deal-specific terms advertised in connection with and on the Voucher at the
time of purchase (the “fine print” regardless of how labeled), the Terms
of Use and these Terms of Sale. These rules apply to all Vouchers that we make
available, unless a particular Voucher’s fine print states otherwise, and
except as otherwise required by law. In the event of a conflict between these
rules and a Voucher’s fine print, the Voucher’s fine print will control. Any
attempt to redeem a Voucher in violation of these Terms of Use (including,
without limitation, the Terms of Sale) will render the Voucher void.
The Merchant is the sole
issuer of the Voucher. Vouchers are not redeemable for cash, unless required by
law. Unauthorized or unlawful reproduction, resale, modification or trade of
Vouchers is prohibited. Pricing relating to certain Deals and/or Products on
the Site may change at any time in Ofrero’s discretion, without notice.
o Additional terms for Tickets and Vouchers.
o Tickets and Vouchers.
Some Vouchers are redeemable for a ticket for admission to a specific ticketed
event at a named venue. These Vouchers have no value once the event date and
time has passed. These Vouchers are final sale and non-refundable
unless (i) otherwise stated, or (ii) automatically if the event is canceled
and not rescheduled.
o Venues and Events.
Opening acts, as well as individual performers, are subject to change or
cancellation at any time without notice or recourse by you. Venues may search
you as a condition of admission, ban or restrict certain items from being
brought to the event and impose other rules on ticket-holders. You agree to all
such rules and conditions and waive any related claims that may arise in
conjunction with their imposition or execution. A ticket is a revocable license
and admission may be refused for violation of the venue’s rules without refund,
or for any or no reason upon refunding the amount paid. You voluntarily assume
all risks and danger incidental to any event for which any Voucher is issued,
whether occurring before, during or after the event, and you waive any claims
for personal injury or death against Ofrero, the venue, the issuer of the
tickets and all of their respective affiliates, agents, officers, directors,
owners and employees on behalf of yourself and any accompanying minor. You
agree not to record or transmit or aid in recording or transmitting, any
description, account, picture or reproduction of any event for which you
purchase Vouchers. You agree that any event for which you purchase Vouchers are
public events, that your appearance and actions inside and outside the venue
where the event occurs are public in nature and that you have no expectation of
privacy with regard to your actions or conduct at the event.
(c)
Getaways
o Merchants offering deals for Getaways, Resorts
and/or Hotels may impose rules and regulations not included or mentioned in the
deal offered on our Site. Ofrero is not responsible nor endorses any of these
rules and regulations; however, you are responsible for abiding by these rules
and regulations. Any issues or problems that may arise from or due to these
rules and regulations must be resolved with the Merchant.
o Unless stated otherwise on the fine-print such
type of deals requires prior reservation.
o Certain Merchants offering this type of deals
may require a deposit or full payment upon reservation. In case you have
purchased a Voucher from Ofrero and have paid the full amount, you will be required
to redeem the voucher upon reservation unless stated otherwise in the
fine-print. In case you have purchased a Partial Voucher you will be required
to make a deposit to the merchant in any payment method accepted by that
merchant upon reservation, unless stated otherwise in the fine-print.
(d)
Products
Products that you purchase
through the Site are subject to the terms below:
Orders
o All product purchases are final. Once you
confirm your order on the Site it cannot be cancelled.
o If you wish to increase the quantity of the
Products purchased, or modify the delivery address, please contact us within 2
hours of your purchase. Once that window closes, we cannot make changes to your
order, although you may be eligible to make returns as stated in our Return and
Refund Policy.
Delivery
o Delivery information and applicable charges
will be stated in the deal description or fine print and may vary by deals.
o Delivery estimates are only estimates; they are
not guaranteed delivery times and should not be relied upon as such.
o We may have to cancel an order before your
Products are delivered; if this happens, we will attempt to notify you at the
email address that is registered with your account.
o When Products are delivered to the delivery
address provided at checkout, risk of loss to those Products will transfer to
the recipient (i.e., the Products will become the recipient's personal
property).
o It is your responsibility to ascertain and obey
all applicable laws (including, without limitation, minimum age requirements)
relating to the receipt, possession, use and sale of any Product.
Pricing
and Accuracy
o Advertised prices do not include delivery
charges unless clearly stated in the deal description or the fine print. If delivery
charges are not included, the recipient will pay these charges to the
delivering company upon receipt of the product(s).
o Occasionally there may be an error or omission
related to the pricing of advertised Products. We will use reasonable efforts
to correct any pricing errors or omissions as soon as practicable after
learning of them. We reserve the right to change, modify, substitute, suspend
or remove without notice any pricing information related to Products for sale.
If there was a pricing error or omission and you have already purchased a
Product: (i) if the actual price of the Product is less than the stated price
at the time of purchase, we will charge you the lower price; or (ii) if the
actual price of the Product is higher than the stated price, we will contact
you and allow you the option to pay the correct (higher) price or cancel your
order and receive a refund.
o While we work to ensure that the Product
description and information on the Site is correct, we cannot guarantee that
Product descriptions are accurate or complete. All information is provided for
informational purposes only and we encourage you to read all information
presented on labels, warnings and directions that accompany the Products before
use. If a Product is not as described, your sole remedy is to return it to Ofrero
in unused condition.
o We have taken reasonable steps to display as
accurately as possible the colors and other details of Products we sell.
However, the colors and details you see on the Site will depend on the
equipment you use to view the Site. We cannot guarantee that the display of any
color or other details on your television, mobile device, computer or other
device will exactly reflect the color or details of the actual Products.