Groupon International Limited Terms and Conditions of use This page contains the terms governing the use of the Groupon International Limited Site and the Services we offer. 1. SOME USEFUL INFORMATION ON THE TERMS AND CONDITIONS OF USE 1.1. What is this document and who we are: What you are reading is a document with legal value that constitutes the agreement between you, the Customer (to which in this document we will refer with the expressions "You", or the "Customer" ) and U.S. You are required to adhere to the terms and conditions of use set out below, collectively referred to as the "Agreement". We are Groupon International Limited, the operators of this Site, as well as suppliers of a series of related services. Groupon International Limited is a company incorporated in Ireland, with its registered office at Lower Ground Floor, Connaught House, 1 Burlington Road, Dublin 4, 216410 Ireland, VAT number 182.898.064. In this document, we will refer to ourselves as "Groupon International", "We", "the Company" and will refer to us and other Groupon group companies, including our affiliates, parent companies and subsidiaries, as " Groupon Group ". Groupon international Limited may assume the contracts, rights, obligations, responsibilities under these terms and conditions of use from MyCityDeal Limited by means of a novation communicated in writing (posted on this site or communicated by other means) with the result that only the Groupon International Limited remains the owner of the rights and obligations arising from these Terms and Conditions of Use and, therefore, you hereby consent to the assignment and transfer of all contractual rights, obligations and responsibilities. 1.2. What do we do. Our Company provides a platform (which includes this Site, mobile applications, etc.) where we, our local affiliates and other vendors (collectively, the "Sellers") can place offers relating to Coupons, deals, goods, travel and other products (collectively, the "Items"). As the platform provider, we help and facilitate the agreements relating to the Items that take place on our platform. We never act as buyers or, normally, as sellers. In fact, we provide a place where the Sellers and you can negotiate and conclude agreements. This means that in the course of your interaction within the site, in addition to this Agreement, you will be bound by other contractual relationships with different legal entities. 1.3. What are these legal relationships? Any Item you purchase through our Site, you will be subject to the terms and conditions provided by the relevant Seller. Since Groupon International does not normally assume the quality of Seller, this means that, probably, your sales contract will be concluded with a different person (often a Groupon Group company). We remind you that all contracts entered into for the sale of the Items are concluded exclusively between the Customer and the Seller of the Item in question (and not with Groupon International, unless Groupon International assumes the role of seller). The Seller is responsible for the sale and handling of complaints or any other matter arising from or related to the contract concluded between you and the Seller. In addition, when you purchase a Coupon, in addition to the sales contract you will have with the Coupon Seller, a contract will also be concluded between you and the company that provides the Products from time to time when you redeem your Coupon at that company ("Partner "). With respect to Coupons, neither we nor the Seller assume any responsibility for contracts relating to the redemption of your Coupons with the Partner. Furthermore, we never act as an agent of the Seller or the Partner. 1.4. What else we do: We may offer you to take part in a forum or post User Content, send you newsletters and other communications. In order to be able to send you emails, however, we need some information about you. Please consult our Privacy Policy to find out how we collect and process personal data. 1.5. Scope of use: Our Site and our Services are provided for personal, non-commercial use only, except as separately permitted in writing. The Site can only be accessed through our app, via standard and mobile web browsers and similar applications. Therefore, access via robots, spiders, offline readers, applications for searching / retrieving information from sites or other devices, tools or processes, manual or automatic useful for retrieving, indexing or extrapolating data from our Site, including through scraping, is not allowed. , spidering or other. By way of exception, a modality that can be revoked at any time by the Company, the operators of public search engines may use spiders to copy materials from the Site for the sole purpose, and exclusively to the extent necessary for the creation of search indexes of publicly available materials, but not for caches or archives of such materials. 1.6. Limited license. Notwithstanding any other provision of these Terms of Use, you may use web crawlers, index, display or cache the contents of this Site for the sole purpose of (i) displaying the Site as a result of the search engine, and (ii) optimizing ( through Accelerated Mobile Pages, or otherwise) the access of other users to the Site. Groupon reserves all rights, including copyright, in the HTML code and content (including code that is optimized for Accelerated Mobile Pages) and no provision of these Terms of Use shall be construed as an express or implied waiver by Groupon of any of the your rights, or your right to operate any provision of these Terms of Use. 1.7. Prohibition of use: We reserve the right to prevent you from using the Site and the Services (or part of them). 1.8. Definitions: In this Agreement, several definitions are used that you will recognize as they are capitalized. All definitions will be specified in or at the end of this Agreement in section 13). 2. REGISTER WITH US AND CREATE YOUR OWN ACCOUNT 2.1. Why register? Depending on the particular function you are accessing within our Site at any given time, you may need to register to use most of the features and to have access to many of the available Services. For example, you will need to register in order to make a purchase unless you choose to use the "checkout as a guest" function on the Site. If you make a purchase using the "guest checkout" feature and you do not already have an Account with us, we will create an Account for you based on the information you have provided to us for the transaction (for example, your name, address, e-mail and other information relating to the transaction). You can later claim that Account by creating a password for it. Your Account will offer you easy access to print your Coupon, view previously made purchases, accumulate your Groupon credit and change your preferences. We reserve the right to reject a new Registration or cancel an Account at any time. Furthermore, registering on the site allows you not to have to re-enter information every time you make a new purchase. 2.2. How to register: To register it is necessary that you provide your name and surname, postal address, e-mail address, and any other personal information requested. 2.3. Password: During the registration phase, you will also need to provide us with a password. You must keep this password confidential and notify us immediately if unauthorized third parties become aware of it or if any unauthorized use of your e-mail address is made or if there is any violation of the security rules of which you may be aware. Furthermore, you agree that we will not be liable in any way in the event that a person to whom your password has been disclosed uses (and / or transacts through) our Services and our Site. Please note that the responsibility for maintaining the confidentiality of the password rests entirely with you. 2.4. Valid Email Address: All Accounts must be registered with a personal, valid email address to which you have regular access. Accounts that have been registered with someone else's email address or with temporary email addresses may be closed by Us without notice. We may also reserve the right to ask you to revalidate your Account if we believe you have used an invalid email address. 2.5. Email: Groupon International may send you administrative and promotional emails. We can also send you any information relating to the activity of your Account and your purchases, updates on our Site, our Services and other promotional offers. We may also send you information regarding purchases you have made. ( You can choose at any time not to receive our promotional emails by clicking on the unsubscribe link at the end of each of the emails you receive). 2.6 "Push Notifications": If you have consented, Groupon International may send you "push notifications" of a promotional nature on your device (s) for general or location-based offers. You can opt out of receiving our promotional push notifications at any time by changing your preferences on your mobile device. 3. User Content 3.1. User Content: Within our Site, Account holders and visitors may be offered the ability to send or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files , images, photographs, videos, audio recordings, musical works and other content (collectively, the "User Content"). User Content may be posted or posted through forums, message boards, discussion groups, chats, polls, blogs or other media which may from time to time be offered on, or through, or in connection with our Site or our Services. However, you may need to have an Account in order to successfully submit User Content. 3.2. Owner of User Content: In providing User Content, you declare and warrant that you are the owner of such content or, if you were to act on behalf of third parties, that you have their prior express authorization to send and publish the aforementioned Contents, as well as all rights relating to the granting of licenses and permits of any kind in relation to the aforementioned User Contents. Furthermore, you declare and guarantee (or, if you are acting in the name of the owner of the User Content, you have ensured that the latter declares and guarantees) that the sharing of the User Content, for the purposes indicated, does not violate or harm the rights copyright, trademarks or any other intellectual or industrial property rights of third parties, including advertising rights or privacy rights. 3.3. Restrictions: You undertake not to transmit, publish or otherwise make available on our Site any material protected by copyright, trademark or other intellectual or industrial property rights of third parties without the express permission of the owner of the copyright, trademark or any other intellectual or industrial property right. Groupon assumes no explicit obligation, or related responsibility, to provide any information, report or any other element to determine whether the material in question is copyrighted or trademarked. You will be solely responsible for any damages resulting from any violation of copyrights, trademarks, intellectual or industrial property rights or for any other damage resulting from the transmission of material on the Site. Additional restrictions as well as prohibited activities that you need to be aware of are listed in section 5 below. 3.4. Use of User Content: Groupon International has the sole and absolute right, but not the obligation, to review, modify, publish, refuse to publish, remove and monitor User Content. Groupon International also has the right, but not the obligation, to disclose User Content and the circumstances of its transmission to third parties, at any time and for any reason, including for the purpose of establishing compliance with this Agreement. and with any other provisions established by Groupon International, as well as to comply with any law, regulation or authorized government request. Notwithstanding the foregoing, Groupon International has the right to remove any material from the Site in its sole and absolute discretion. Groupon International assumes no responsibility for any User Content or other information that appears or is removed from the Site or elsewhere. Furthermore, Groupon International has no obligation to use the aforementioned Content and may refrain from using them altogether. 3.5. Modification or Removal of User Content: In certain circumstances, it is possible that User Content that you have submitted or posted through your Account will be modified or removed. Groupon International makes no guarantee that User Content that You modify or remove will be modified or removed from the Site or elsewhere, or that such User Content will cease to appear on the Internet, in search engines, on social media websites. media, or in any other form, media or technology. 3.6. Public nature of User Content: Customer acknowledges and agrees that User Content is public. Any person (whether or not a user of the Groupon International Services) may read your User Content without your knowledge. It is therefore recommended not to enter additional personal information or any other information in your User Content that you do not want to become public. Groupon International is not responsible for the use or disclosure of personal information or any other information that You provide with User Content. 3.7. Disclaimer: Any User Content of any kind made by you or any third party is the work of its author (s) or distributor (s) and not Groupon International. Other users may post User Content that is inaccurate, misleading or deceptive. Groupon International does not endorse or be responsible for User Content, and will not be liable to Customer or any other person for any loss or damage caused by reliance on such User Content. User Content reflects the views of the person posting it and may not reflect the opinion of Groupon International. Groupon International does not control or endorse User Content, and in particular disclaims any liability with respect to or in connection with your contribution, use of or reliance on any User Content and any action resulting from your participation in any part of the Site or of the Services, including any objectionable User Content. 3.8. Grant: Certain User Content that you submit to Groupon International may be viewed or you may choose to be transmitted with your personal data, or part thereof, including, but not limited to, your name, your initials, your username, the username of the social media site you use, your image, portraits, preferences, voice and location. Grants Groupon International and the Groupon Group a royalty-free, perpetual, irrevocable, sublicensable, absolute, non-exclusive, transferable, worldwide right to use, display, distribute, offer for sale and transfer your personal information relating to to User Content, whether such Content appears alone or as part of other works, and in any form, medium or technology currently known or subsequently developed, as well as to sublicense such rights to multiple sub-licensees, all without payment in your favor of any compensation. However, Groupon International will have no obligation to use your personal data in connection with User Content. 3.9. License: With respect to Groupon International, you will retain all proprietary rights in User Content that you post or post. However, by providing User Content or other information on or through the Site, you grant Groupon International and the Groupon Group a royalty-free, perpetual, worldwide, irrevocable, sub-licensable, absolute, non-exclusive, transferable right and license. , to use, reproduce, create derivative works from, publish, rectify, translate, distribute, perform, display, transmit, offer for sale and transfer the User Content, alone or as part of other works, and in any form, media or technology, currently known or subsequently developed, as well as to sublicense these rights to multiple sub-licensees, all without paying any compensation in your favor. Furthermore, pursuant to this Agreement, you waive any right relating to the authorship or integrity of the materials object of the User Content that may be recognized to you under any applicable law. The license of Groupon International and the Groupon Group with respect to the User Content or personal data provided includes its use for promotions, advertising, marketing, market research, Partner feedback, quality control or for any other lawful purpose. 3.10. Copyright Procedures: Groupon reserves the right to suspend your or any third party's right to use the Site if such use infringes the intellectual property rights of others. Under certain circumstances and in its sole discretion, Groupon may suspend your or any third party's right to access the Site if Groupon is aware of such user or third party's repeated violations. If you believe that copyright infringement material has been posted by third parties through our site and you wish to bring this to Groupon's attention, you are required to submit your report here or provide the Groupon's copyright, set out below, the following information: (a) an electronic or handwritten signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) the identification of the copyrighted work and the location, within the Site, of the allegedly infringed work; (c) a written statement that you have a good faith belief that the disputed use has not been authorized by the owner, its agent or the law; (d) your name and contact information, including but not limited to your telephone number and email address; and e) a statement that the above information is accurate and true and that the sender is the copyright owner or a person authorized to act on the owner's behalf. The contact information for the Groupon Copyright Agent to notify the copyright infringement report is: Groupon, Inc. To: Copyright Agent c/o The Risk Management Department Floors 11-12, Aldgate Tower 2 Leman Street, London E1 8FA, United Kingdom E-mail: emearisklegal@groupon.com Procedures for reporting infringements: If the user owns the copyright, trademark, patent or other intellectual property rights (hereinafter "IP Rights Owner") or if the user is an agent authorized to act on behalf of the Owner of the IP rights (hereinafter the "Authorized Agent") and it is believed in good faith that the materials or products on the Site may constitute an infringement of the copyright, trademark or other intellectual property rights of the Owner of the IP rights and would like to bring it to the attention of Groupon, you can submit your report here. 3.11. Unsolicited Suggestions: Please note that we cannot accept unsolicited suggestions of any kind received directly or through employees or agents of Groupon International or the Groupon Group, including proposals for new products, improvements, names or technologies, campaigns. advertising and marketing plans or other promotions. Please do not send us (not even through our employees) any unsolicited material, suggestion, image or other work in any form (the “Unsolicited Materials”). Otherwise, you acknowledge and agree to the following, regardless of any accompanying letters or other terms You may do: Groupon International has no obligation to review unsolicited Materials or to keep them confidential; furthermore Groupon International reserves the right to hold, use and redistribute the Unsolicited Materials for any purpose, without any restrictions or obligation of acknowledgment or compensation. 4. STANDARDS USED AND GROUPON INTERNATIONAL LIMITATION OF LIABILITY 4.1. Our Standards: Groupon International takes the utmost effort required in the conduct of its business and guarantees that: 4.1.1. will employ the care and expertise that is reasonable to expect in the performance of any obligation arising under this Agreement; 4.1.2. will not violate any canon of professional diligence placed to oversee its business. 4.2. Section 4 is important !: Section 4 applies with priority over all other sections of this Agreement and sets the limits of our liability for non-performance, failure or delay in performing this Agreement, the Services, the Site or any purchase (or any part thereof). ), or in any case in relation to this Agreement or the conclusion or execution of the same. 4.3. What we are responsible for: Nothing in this Agreement will exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) gross negligence on our part; or (iv) any Liability which cannot be excluded or limited by applicable law. In any case, the Customer is required to take all reasonable measures in order to avoid or limit any damage. 4.4. For what we are not responsible: Except as provided in Clause 4.3, since our business is to provide our Site and related Services for a non-commercial use of the same by the Customer, we will never be responsible for: 4.4.1. loss of income or revenues; 4.4.2. loss of current or anticipated profits; 4.4.3. loss of opportunity; 4.4.4. indirect or consequential loss ("consequential loss" means losses that are not known, anticipated or otherwise foreseeable "). 5. YOUR OBLIGATIONS 5.1. Accuracy of information: You ensure that all information provided at the time of registration and contained within your Account is true, complete and accurate and if this information changes, you will notify by promptly modifying your Account details. 5.2. Site Content: It is your responsibility to verify that all Articles or Information (or Products) made available on the Site meet your specific needs. 5.3. What you cannot do: Without limitation, You undertake not to use and not to allow others to use the Services or the Site: 5.3.1. to upload, send or receive any material, including User Content, that may be detrimental to good taste; 5.3.2. to upload, send or receive any material, including User Content, that is illegal, harmful, harmful, threatening, abusive, harassing, racist, homophobic, pornographic, violent, misleading, grossly offensive, indecent, obscene, blasphemous or defamatory or prejudicial or infringing the rights of another natural or legal person, in contempt of court or in breach of trust, including copyright, trademarks, patents, personality rights, publicity or confidentiality or others rights of third parties; 5.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and / or approvals (from us or a third party) or which constitute or encourage conduct that could be considered criminal offenses , which would result in criminal and / or civil responsibilities, or would in any case be contrary to the law or would violate the rights of third parties, in every country in the world; 5.3.4. to upload, send or receive materials that are technically harmful (including computer viruses, logic bombs, Trojans, worms, components, corrupted or harmful data, malicious software, or anything else that may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation of the functionality of any software or computer equipment); 5.3.5. to cause disturbance, accidents or unjustified disturbances; 5.3.6. to intercept or attempt to intercept communications transmitted through telecommunication systems; 5.3.7. for a purpose of use other than that for which we have designed them or for which we have intended them; 5.3.8. for any fraudulent purpose; or 5.3.9. in any way aimed at inciting hatred against any ethnic, religious or other minority or otherwise prejudicial to any person, natural or group or legal person. 5.4. Prohibited Uses: The following uses of the Site and Services are expressly prohibited and you undertake not to carry out (or allow others to carry out) any of the following activities: 5.4.1. resell the Services or the Site; 5.4.2. provide false data including false names, addresses and contacts, fraudulently use credit / debit card numbers; 5.4.3. attempt to circumvent our security measures or violate our network, for example by accessing data not intended for you, by logging in to a server or an account to which you are not expressly authorized to access or probe the security of other networks (for example example via port scanning); 5.4.4. access the Service (or the Site) or carry out any other activity in such a way as to subject our infrastructure to an unreasonable or disproportionate workload or which in any case interrupts or interferes with its functionality, efficiency and operation; 5.4.5. carry out any form of network monitoring that intercepts data not intended for you; 5.4.6. send unsolicited e-mail messages, including the sending of "junk mail" or other advertising material to subjects who have not expressly requested them. You are expressly prohibited from sending large quantities of unsolicited mail messages ("bulk mail") in bulk, including sending bulk mail relating to commercial advertisements, promotional or informational announcements and political or religious censuses. These materials can only be sent to those who have expressly requested them. If a recipient requests to stop receiving e-mails of this nature, you will no longer be able to send any e-mails to that person; 5.4.7. create or continue "letter chains" or other "pyramid schemes" of any kind, regardless of whether or not the recipient wishes to receive such messages; 5.4.8. send disturbing e-mails, even by sending large quantities of e-mails to a user; 5.4.9. interacting or entering into agreements fraudulently with Us, a Seller or a Partner (including interacting or entering into agreements by claiming to do so in the name and on behalf of a third party when you do not have the authority to bind such third party or by misleadingly presenting yourself as a third party part); 5.4.10. use the Services or the Site (or any relevant functionality of either), in violation of this Agreement; 5.4.11. use the information contained in the header of e-mail messages in an unauthorized manner, or falsify such information; 5.4.12. engage in any illegal activity in connection with the use of the Services and / or the Site or a Coupon; or 5.4.13. copy or use User Content for commercial purposes. 5.5. Devices: The Services and use of the Site do not include the provision of a computer or other device necessary to access the Site or the Services. To use the Site or the Services, you will need an adequate Internet connection. We will not be responsible for telephone charges, telecommunication charges or any other costs you may incur. 6. RULES OF USE OF THE SERVICES AND THE SITE 6.1. Errors and omissions: We are not responsible for any errors or omissions (e.g., publish a Coupon at the price of € 1.99 instead of € 199!) if we have complied with the standards set out in section 4 of this Agreement. We will use reasonable efforts to correct any errors or omissions as soon as possible after being notified. We reserve the right to change, modify, replace, suspend or remove, without notice, any Coupon, Item, Service or information on the Site or parts of the Services from time to time. 6.2. Viruses and similar: We do not warrant that the Services or the Site are free of viruses or any other harmful element that may have a harmful effect on any technological device. 6.3. Termination of Access: While we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, limited or terminated at any time. Access to the Site and / or Services may also be occasionally limited to allow for repair, maintenance or the introduction of new facilities or services. We will try to restore access as quickly as possible. We also reserve the right to block access to any material and / or to modify or remove any material which, in our reasonable judgment, could result in a violation of this Agreement. 6.4. Account Termination: We reserve the right to terminate the Account of any user who violates our Terms and Conditions of Use, even if a user is found to be using proxy-type Internet Protocol (IP) addresses to attempt to hide the use of multiple accounts, or if a user pretends to be located in a country other than that in which he actually resides, or causes in any way disturbance to the functioning of the Site or the Service. 6.5. Multiple Accounts: If you use more than one Account, if we decide to take action against you, these actions will affect all of your Accounts. 7. SUSPENSION AND TERMINATION 7.1. If you use (or anyone else in your place and with your permission makes use) of the Services or the Site in violation of this Agreement, we may suspend, in whole or in part, your use of the Services and / or the Site. 7.2. If we suspend the Services or the Site, we may refuse to restore them until we have received reassurance from you, in a form we deem acceptable, that there will be no further violation of the provisions of this Agreement. 7.3. Groupon International will fully cooperate with all relevant authorities that request or order Groupon International to disclose the identity or identify anyone who may have violated this Agreement. 7.4. Without prejudice to any other provision contained in this section 7, we are authorized at any time (in whole or in part) to: i) suspend the Services and / or the Site; ii) suspend your use of the Services and / or the Site; iii) suspend the use of the Services and / or the Site by persons who we believe are connected (in any way) to You; and / or (iv) terminate this Agreement immediately if: 7.4.1. commit any breach of this Agreement; 7.4.2. there are reasonable grounds to believe that you have committed, could commit or will commit a violation of this Agreement; or 7.4.3. there are reasonable grounds to believe that you have committed, could commit or will commit fraud against us or against any third party. 7.5. Subject to any other provisions contained in this section 7, we may terminate this Agreement at any time. 7.6. Termination of this Agreement shall not affect any other rights or remedies available to us in connection with any breach, or in connection with any rights, obligations or liabilities that arose prior to termination. 8. PROTECTION OF PERSONAL DATA 8.1. We invite you to consult our Privacy Policy and Cookie Policy (Cookies Policy) which form an integral part of this Agreement. 9. ADVERTISING MESSAGES 9.1. Advertisements may be posted on our behalf by a third party advertising agency, which may, on our behalf, place or recognize a unique "cookie" in your browser. If you want more information on this practice and want to know what you can do to not allow the use of this information by any company, see our Cookie Policy and Privacy Policy. 10. LINKS TO AND FROM OTHER SITES 10.1. If the Site contains links to sites and resources provided by third parties (collectively the "Other Sites"), the links to such Other Sites are inserted exclusively to provide information and exclusively for your convenience. We have no control over the Other Sites, and assume no liability for the Other Sites or the content or products of the Other Sites (including in relation to social media sites such as Facebook) and assume no liability for any loss or damage. that may derive from their use. If you decide to access one of the third-party sites connected by links to the site, you assume the relative risk. 11. INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS 11.1. Groupon International grants you a limited, personal, non-transferable, non-exclusive and revocable license to access and use the Site under this Agreement and all other conditions and policies set forth by Groupon International. All intellectual or industrial property rights (including copyrights, patents, trademarks, trade names, domain names, social media identifiers, designs, whether registered or not) of the Site and Services , (save section 11.4 below) the materials, information and content on the Site or used as part of the Services, any database managed by us, all design, text, graphics, software, photos, videos , music, sounds, data, and all software compilations, underlying source code and software (including applets and scripts), as well as related selection, coordination, organization and improvement remain our property. (or that of our licensees). You will not be able to, and must not attempt to obtain, any right to such property. All rights reserved. 11.2. No material among those listed in the previous section 11.1, in whole or in part, may be reproduced, distributed, copied, modified, published, downloaded, displayed, posted, performed or transmitted in any form and by any means, sold, rented, resold, licensed or sublicensed, used to create derivative works, or in any way exploited without the prior express written permission of the Groupon Group or its owner, except as expressly provided by applicable law. You may, however, retrieve and view the Content of the Site on your computer screen, store such content in electronic format (but not on a server or other storage device connected to a network). You may not reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or Content on the Site without our permission. If the downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, You may not attribute the authorship of the material to yourself and / or may not make changes or deletions of any attribution of authorship. You acknowledge that you do not acquire any proprietary rights by downloading copyrighted material. Any violation of these restrictions may result in a violation of copyright, trademark or other intellectual or industrial property right that could expose you to civil and / or criminal penalties. Furthermore, you may not make any use that exceeds or violates the provisions of this Agreement. 11.3. Groupon is the owner of registered and unregistered trademarks in many countries and "Groupon", the Groupon logos and related variations on the Site are trademarks owned by Groupon, Inc. or its related entities and any use of these trademarks will benefit Groupon. " GROUPON "is a registered trademark in the following countries: Algeria, Antigua, Saudi Arabia, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Canada, Chile, Colombia, South Korea, Costa Rica, Dominican Republic, Ecuador, Egypt , United Arab Emirates, Russian Federation, Philippines, France, Germany, Hong Kong, India, Indonesia, Iceland, Israel, Jamaica, Japan, Jordan, Kenya, Lebanon, Liechtenstain, Macedonia, Morocco, Mexico, Moldova, Nigeria, Norway, New Zealand, O.A.P.I., Panama, Paraguay, Peru, Qatar, Singapore, United States of America, South Africa, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, European Union, Uruguay, Venezuela and Vietnam. A non-exhaustive list of Groupon brands is available here. 11.4. The ownership, ownership rights and intellectual or industrial property rights relating to the Content accessible through the Site and the Services are owned by the owner of the Content and may be protected by copyright, trademark protection or other applicable laws. This Agreement gives you no rights with respect to such Content other than the licenses granted herein. 11.5. Except for User Content, the authors of the literary and artistic works on the pages of the Site have affirmed their right to be identified as the authors of such works. 11.6. Any material that you transmit or submit or post on the site (or otherwise to us) will be considered (and we may treat it) as non-confidential and not your property, subject to the application of section 3, our obligations under the legislation on the protection of personal data and save the data that you provide for the purpose of making a payment. If for some reason, any part of that statement does not work for legal reasons, then for what you provide us, from any source, (eg. Via email, the site or any other) you guarantee us a free, perpetual, irrevocable right of use, which can be granted to third parties, total, transferable, non-exclusive, as well as the right to copy, modify, adapt, translate, publish, distribute, exhibit , and represent such materials anywhere in the world, and in any form, media or technology, known now or developed in the future, and to sublicense such rights through multiple levels of sub-licensees, all without compensation to you, for the purpose of operate the Site and procure the Services. 12. GENERAL PROVISIONS 12.1. Interpretation: In this Agreement: 12.1.1. the terms that describe persons include individuals, partnerships, corporations and legal entities in general; 12.1.2. the titles of the sections such as ("12. GENERAL PROVISIONS "at the beginning of this section) and subtitles (such as" Interpretation "at the beginning of this section 12.1.) are present to facilitate the reference within this document and do not constitute an integral part or affect the interpretation of this Agreement; And 12.1.3. the references to the terms "include" and "included" will indicate respectively "include / ono by way of example" and "included by way of example". 12.2. Exclusion of company / agency relationships: Nothing in this Agreement shall be construed to create a joint venture, company or agency relationship between the Client and Us and no party may assume any obligation or liability in the name or on behalf of the other party. 12.3. Exclusion of other conditions: Except as explicitly defined in this Agreement, all guarantees, conditions and other terms provided by law are to be understood as excluded to the maximum extent permitted by the law itself. 12.4. Assignment: You may not assign or otherwise dispose of all or part of the rights arising from this Agreement. Groupon will have the right to assign or dispose to any third party of its rights or obligations under this Agreement. 12.5. Events Beyond Reasonable Control: Groupon will not be liable for failure to comply with its obligations under this Agreement if this occurs for reasons beyond its reasonable control. 12.6. Disclaimer: No tolerance by Groupon relating to any failure by the Customer shall be deemed or construed as a waiver by Groupon to enforce its rights and remedies with respect to any future infringement, whether of a similar or different nature. No delay, or other form of tolerant behavior that is held by Groupon towards the Customer, can constitute a waiver by Groupon to assert its rights and related remedies, nor can it be evaluated in the context of ascertaining your responsibility for default. 12.7. Communications: Except as otherwise defined in this Agreement, communications to be submitted to each party will be made in writing and delivered by hand, sent by e-mail (unless the Customer is not sending a notification in the context of a legal proceeding), via fax or prepaid mail, to the Customer at the address provided by the same or to Groupon at its registered office. 12.8. No Third Party Rights: Customer acknowledges and agrees that Groupon International is a party to this Agreement either on its own behalf or as an agent on behalf of and for the benefit of the Groupon Group, its Content suppliers and licensees (the "Third Party Rights Owners") and that all rights and benefits of Groupon International (but not all charges and obligations) under or in connection with this Agreement including those arising from indemnity, contract, tort or any other derivation, shall be the rights and benefits of each of the Third Parties Rightholder Parties (as if each being were a party to this Agreement). Such rights and benefits will be exercisable under this Agreement by Groupon International itself and / or as an agent for each of the Third Party Rights Holders. 12.9. Survival: In any case, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement, as well as the provisions that are formulated to survive its expiration or dissolution or which by their nature or context are expected to survive the dissolution of the same, will be valid even after the dissolution of the Agreement. In the event that the Customer uses the Services or the Site again, the provisions of the terms and conditions currently applicable will govern the reuse of the Services or the Site. In the event that the Customer uses Coupons purchased under this Agreement, the provisions applicable to the Coupons will survive the termination of this Agreement. 12.10. Severability: In the event that any provision of this Agreement is held to be invalid, void or ineffective, such provision shall be deemed separate and, where possible, the validity and enforceability of the remaining provisions of this Agreement shall be unaffected. 12.11. Governing Law: This Agreement (and all non-contractual relationships between you and us) will be governed by and construed in accordance with Irish law. 13. DEFINITIONS In this Agreement, various definitions are used that the User will recognize as they begin with a capital letter. This is their meaning: "Account" means your Groupon Account. "Liability" means liability for any cause (including breach of contract, tort, misrepresentation, restitution of undue sums or any other cause) relating to or arising out of or in connection with this Agreement (including liability expressly provided for in this Agreement or arising from the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, any reference to the "Agreement" will be intended to include any collateral agreements. "Partner" means a Seller of Products for which a Coupon can be redeemed. A Partner is NOT one of the "Sellers" or "Groupon International". "Site" means the websites, mobile applications, electronic communications or services, social media sites, or any single website, of a specific business partner or a specific Partner, or other specific city sites or other sites area-specific that contain a link or refer to these Terms of Use. "Register" means creating an Account on the Site, and "Registration" means the action of creating an account. "Services" means all or some of the services provided by Groupon International through the Site (or through other electronic communication - or otherwise - communications from Groupon International) including mobile applications, our newsletter, the emails we send you and the services of information, content and functionality on the Site (including the ability to make a purchase). "Coupon" means a Coupon that is sold by Sellers and can be redeemed to obtain the Products of a Partner, subject to the terms and conditions indicated on the Coupon itself and / or on the page of the Site dedicated to the purchase. “Products” means the goods and / or services that are described as part of a Coupon (and for which a Coupon can be redeemed). *********************************** CONDITIONS OF SALE COUPON - GROUPON ITALIA S.R.L 1. General informations 1.1 These Terms of Sale apply to each Coupon you purchase from Groupon, operating in the name and on behalf of the Merchant. 1.2 Groupon significa Groupon S.r.l., a company incorporated under Italian law, registered in Italy and with its registered office in Corso Buenos Aires 54, Milan, Italy. The I.V.A. of Groupon is 06964760968. 1.3 Coupon means an instrument, in physical or electronic form, which enables the owner of such Coupon (the "Coupon Owner") to receive the Merchant's Offer from the Merchant during the period of time set forth on the Coupon (the "Redemption Period "). 1.4 The Merchant's Offer means the goods and / or services to be provided and / or provided by the Merchant to the Coupon Owner, as specified on the Groupon Site and Coupon. 1.5 The Merchant is a third party unrelated to Groupon who sells, delivers and / or delivers the Merchant's Offer and authorizes Groupon to issue, sell and transmit the Coupon in the name and on behalf of the Merchant. The contract for the supply and purchase of the Merchant's Offer will be stipulated between you and the Merchant from whom the Coupon is redeemed and in any case Groupon will conclude the contract on behalf of, and as the Merchant's agent. Groupon does not sell, supply and / or dispense the Merchant Offering. It is limited to issuing, selling and transmitting the Coupon to you in the name and on behalf of the Merchant. 1.6 These Conditions of Sale were last updated on 15.03.2019. Groupon, in its capacity as the Merchant's agent, reserves the right to unilaterally modify these Terms of Sale at any time. All changes to these Conditions of Sale will be published online and made known through banners included in the newsletter. You will only be bound by the version of the Terms of Sale that you accepted when purchasing a Coupon. 2. Purchase of a Coupon 2.1 To purchase a Coupon you must be at least 18 years old. Before you can make a purchase, you must register and create an account with Groupon International Limited. 2.2 By clicking on the "Buy Now" button, you send Groupon, acting in the name and on behalf of the Merchant, a proposal to purchase the Coupon. However, the purchase of the Coupon is not completed until you receive an email from Groupon, acting in the name and on behalf of the Merchant, confirming the acceptance of your offer. Groupon expressly reserves the right to reject your proposal. In addition, even if Groupon has accepted your proposal, it may terminate the agreement at any time if there are reasonable suspicions that you have committed or are about to commit any scam to the detriment of Groupon, a third party affiliate of Groupon or the Merchant. 3. Redeeming a Coupon 3.1 Unless expressly stated otherwise: (a) the Coupon can only be redeemed once; (b) the Coupon can only be redeemed with the Merchant and not with Groupon; (c) the Coupon is valid for one person only; And (d) you must follow the redemption instructions associated with the Coupon when redeeming the Coupon with the Merchant. 3.2 All Coupons sold by Groupon are Coupons that can only be redeemed with the Merchant. 3.3 In order to redeem a Coupon you must present it to the Merchant within the Redemption Period. If you do not redeem the Coupon within the Redemption Period, it will automatically expire. At that point, therefore, it can no longer be redeemed and you will not be entitled to any refund or compensation. 3.4 In the event that the Merchant's Offer is a "Direct Checkout" offer, Groupon will collect your shipping details at the time of purchase. Groupon will then forward these details to the Merchant. The Merchant will initiate the redemption of your Coupon and will send you the Merchant Offer. 3.5 Unless expressly stated otherwise, the Coupon does not entitle the Coupon Owner to receive the Merchant's Offer at a specified time. It is strongly recommended to contact the Merchant as soon as possible. By doing so, you will have more opportunities to secure the Merchant's Offer in your preferred period. Please note that Groupon cannot influence the timing of the sale and / or the delivery of the Merchant's Offer. In the event that the Merchant's Offer expressly establishes the delivery of a certain good or the provision of a certain service within a given event (eg. Christmas), and such delivery or performance does not occur within the promised time, you can get a refund. 3.6 If you redeem the Coupon for goods and / or services other than the Merchant's Offer, you will not be entitled to a credit, cash refund or new Coupon for the difference between the value of the Merchant's Offer and the present value of the goods and / or services provided to you and / or provided by the Merchant. If, on the other hand, the Merchant offers you a good or service other than the Merchant's Offer, you can obtain, upon adequate proof from you, a refund. 3.7 Coupons can only be redeemed in their entirety. They cannot be redeemed in part or in later stages. If, for any reason, you redeem the Coupon with a Merchant for less than the original (non-discounted) Merchant Offer value, you will not be entitled to a credit, cash refund or new Coupon for the difference between the original value (not discounted) and the redeemed value. 3.8 Groupon may collect registration fees or other costs associated with the purchase and / or redemption of a Coupon on behalf of the Merchant. All taxes or costs (if applicable) will be communicated to you prior to the purchase of the Coupon. 3.9 If the Merchant is unable to provide and / or deliver the Merchant's Offer as described for unforeseen reasons, Groupon, on behalf of the Merchant, will notify you as soon as possible by email. 4. Using a Coupon 4.1 Each purchase of a Coupon is for your personal, non-commercial use only (although you may give the Coupon to another person for their personal, non-commercial use). 4.2 You are fully responsible for your Coupon. Neither Groupon nor the Merchant is liable for the loss or theft of Coupons or for the recovery of Coupon reference numbers or security codes. 4.3 You undertake not to provide false data, including false names, addresses and / or contact details or payment details or to commit any illegal activity in connection with the purchase or use of a Coupon, or to allow third parties to do so. way. 4.4 Any attempt to redeem a Coupon contrary to these Terms of Sale may, at Groupon's discretion, render such Coupon void. 4.5 The reproduction of a Coupon is prohibited. 4.6 The commercial exchange of a Coupon is prohibited. 5. Withdrawal (and exceptions), Refunds and Problems 5.1 You are legally entitled to withdraw from your Coupon purchase no later than 14 calendar days from the day following receipt of the confirmation email (the "Coupon Cancellation Period"). However, if you redeem your Coupon during the Coupon Cancellation Period, expressly ask Groupon, acting in the name and on behalf of the Merchant, to start receiving the services and agree to lose the right of withdrawal from the purchase of the Coupon. Once your Coupon is redeemed, Groupon, in the name and on behalf of the Merchant, has completed the issue, sale and transmission of the Coupon in full. Please note, for the avoidance of doubt, that this chapter also applies to all "Direct Checkout" offers. 5.2 If you wish to withdraw from your purchase of a Coupon, you can do so in the following ways: 5.2.1 by filling in and sending the online cancellation form at the following page https://static.groupon.it/mail_img/global/forms/IT_Voucher_Cancellation_Form.pdf 5.2.2 by contacting us at http://www.groupon.it/contact 5.2.3 by calling the customer service team on Phone: 02 94754424 (costs vary depending on your rate plan). 5.3 If you cancel your Coupon purchase under this Chapter 5, Groupon will refund you all payments made for your purchase no later than 14 calendar days from the day you notify Groupon of your withdrawal. 5.4 If you have not been able to redeem your Coupon with the Merchant prior to the expiration of the Redemption Period for reasons beyond your control, you may be eligible for a refund. For these purposes, you must demonstrate to Groupon's satisfaction that your inability to redeem the Coupon is not your fault. 5.5 If you redeem your Coupon but the Merchant has not provided you with the Merchant's Offer as required, or if you have a complaint about the Merchant's Offer being disbursed, you must contact the Merchant directly. This is because the Merchant and not Groupon is responsible for the supply and / or disbursement of the Merchant's Offer. Groupon only sells and supplies the Coupon, acting in the name and on behalf of the Merchant. However, if you and the Merchant cannot agree on how to resolve the problem, Groupon, acting in the name and on behalf of the Merchant, may, upon your request, seek to resolve the dispute. 5.6 If the Merchant requests the payment of additional costs for the provision of the Merchant's Offer and you are able to demonstrate this fact, you can obtain a refund. 5.7 Cash refunds will be made using the original payment method adopted. If your original payment method has been canceled, has expired or has been otherwise changed, you must immediately notify the customer support team at the following page http://contactus.groupon.it/. If you fail to do so and have been refunded to your original payment method, you may need to contact your bank or payment provider to get your refund. Groupon only makes a refund. 5.8 You have 30 days from the time of receipt of the refund to refuse it. If you do not refuse the refund during these 30 days, the refund will be the full and final settlement of any and all claims you may have against Groupon in connection with, arising out of or related to such Coupon. 6. Liability for the Merchant's Offer 6.1 Please note that it is the Merchant, and not Groupon,: 6.1.1 the seller, supplier and / or provider of the Merchant's Offer; 6.1.2 the party entering into a contract with the Coupon Owner when the Coupon is redeemed; And 6.1.3 the person responsible for providing the Merchant's Offer to the Coupon Owner. 7. Groupon's Standards for Services and Responsibility 7.1 Groupon, as the Merchant's agent, warrants that: 7.1.1 will exercise reasonable care and diligence in fulfilling its obligations arising from these Conditions of Sale; 7.1.2 the Coupons are of satisfactory quality and fit for their purpose; And 7.1.3 does not contravene the requirements of correctness or professional diligence in carrying out its business. 7.2 Groupon is always liable for: (a) death and personal injury directly attributable to Groupon's negligence; (b) fraud or fraudulent misrepresentation by Groupon itself in place; or (c) any implied contractual conditions which cannot be excluded or limited under applicable law. 7.3 Except as set forth in chapter 7.2 above, Groupon is not responsible for any other loss or damage you may suffer, including any indirect or consequential loss. 7.4 Groupon declines all responsibility for the violation of obligations arising from these Conditions of Sale where Groupon itself has not been able to comply with these obligations for reasons beyond its reasonable control. 8. Groupon site The Groupon Site (the "Site") means the website on the Internet, mobile applications, electronic communications or services or any location from which you can purchase a Coupon from Groupon. The Site on which Groupon markets the Coupons belongs to Groupon International Limited. You will find further information about the conditions of use of the Site, which are expressly an integral part of these Conditions of Sale, here https://www.groupon.it/legal/termsofservice. 9. Various and possible 9.1 If you violate these Terms of Sale and Groupon does not take any legal action against you, it does not mean that Groupon has waived its rights and actions. 9.2 Unless otherwise stated in these Conditions of Sale, communications to the parties must be in writing and must be sent by e-mail (except in the case in which they are sent for the purpose of serving procedural documents) or by prepaid mail. Any communication Groupon sends to you will be at the address you provided when registering your Groupon account. You can send any communication to Groupon at the address set out in chapter 1.2. 9.3 Should any provision of these Conditions of Sale be declared invalid or ineffective, the validity and effectiveness of the remaining provisions of this Agreement will not be affected. This invalid or ineffective provision will be replaced by a valid and effective provision that achieves as much as possible the economic effect envisaged by the provision deemed invalid or ineffective. 9.4 These Conditions of Sale are governed and interpreted in accordance with Italian law, regardless of the application of any conflict law or any choice made by the parties. Any disputes will be subject to the exclusive jurisdiction of the Court of your place of residence or domicile. *********************************** Terms of Sale - Groupon Goods Global GmbH This page sets out the terms of the sale of Goods by Groupon Goods to you. 1. Contract and information about the ordering procedure 1.1. The parties to this contract: these Terms of Sale ("Terms of Sale") constitute an agreement between you, the customer (hereinafter referred to as "you" or "your") and Groupon Goods Global GmbH (hereinafter referred to as "Groupon Goods", "we" or "our"). We are a company registered in Switzerland (REA number CHE-497.202.638) with registered office at c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffausen, Switzerland, VAT number IT08317410960. 1.2. These Conditions of Sale apply: if you place an order with us, you agree to be bound by these Conditions of Sale and our Returns Policy. 1.3. Your offer: By clicking on the "Buy Now" button, you are making an offer to purchase products sold by Groupon Goods (the "Goods"). If you click on "Buy Now", you explicitly acknowledge that if we accept your order, you are obligated to pay for the Goods. You must be 18 years or older to purchase the Goods. 1.4. A copy of these Terms of Sale: We advise you to keep a copy of this agreement between us (these Terms of Sale) and we recommend that you print these Terms of Sale as a reference document. 1.5. Your legal rights: as a consumer, nothing in these Terms of Sale affects your statutory rights relating to defective or non-compliant goods or your right to withdraw from the contract. 1.6. Updates to these Conditions of Sale: these Conditions of Sale were last updated on 27.06.2017 (version 004b). We reserve the right to change these Conditions of Sale at any time (such changes will be published online). Any changes made to these Terms of Sale after your order has been sent will not apply to you in relation to that order. 2. Prices and purchase 2.1. Prices and who you pay: We accept and process your payment for your order. All prices (including shipping charges) for the Goods include VAT. applicable. Prices are communicated to you prior to your purchase and upon order confirmation. Our prices may change at any time, but the changes do not apply to your completed order, except in the cases described below in Clauses 2.4 and 2.5. 2.2. Shipping costs: prices may or may not include shipping costs. Any expenses will be indicated in the appropriate section on the offer. If shipping charges are not included in the sale price (and this will be properly and clearly indicated), these charges will be reported separately and added to the total amount before you complete your order. If you ask us to schedule the delivery at a certain time and you are not available at the agreed time, we may charge you to reschedule the delivery. 2.3. Placing your order: after placing your order by clicking on the "Buy Now" button and accepting these Conditions of Sale, the contract will be concluded when you have received an e-mail confirming our acceptance of your order. However, we reserve the right to refuse your offer and not to conclude a contract with you. If we have accepted your order, you will receive another e-mail confirming the shipment of the Goods. Please note that if we reasonably believe that your order is fraudulent or that you have otherwise violated the applicable law at the time of the order, we reserve the right to cancel your order even if we have accepted it. 2.4. Errors and Omissions: Occasionally there may be an error or omission in relation to the prices or description of the Goods we sell. We will make every reasonable effort to correct any errors or omissions as soon as possible after we have been notified or become aware of them. We reserve the right to change, modify, replace, suspend or remove without notice any errors or omissions with respect to the Goods for sale (including the Goods themselves). 2.5. Post-purchase errors and omissions: in the event that we make an error or omission and you have already purchased the Goods: (a) if the current price for the Goods is lower than that indicated at the time of your purchase of the Goods, we will charge you the lower price; or (b) if the price of the Goods is higher than indicated, we will contact you and allow you to choose whether to pay the correct (higher) price or cancel your order and receive a full refund. 3. Delivery of goods 3.1. Change your order: Once you have placed your order, we are unable to change your order in any way, including the quantity of the Goods or the delivery address. This clause does not affect the exercise of the right of withdrawal or any other right that you may have in relation to the purchase in question. 3.2. Shipping: Groupon Goods' shipping options vary by offer. Your purchase cannot be shipped outside Italy. 3.3. Delivery forecasts: the expected delivery times are indicated in the appropriate section of the offer. We will do our best to respect the delivery date indicated. Please keep in mind that unless otherwise stated, the estimated delivery times are forecasts only; therefore, delivery times are not guaranteed and should not be considered as such. In the event that the delivery date is expressly guaranteed or the use and therefore the delivery of the Goods is expressly guaranteed within the occurrence of a certain event (for example Christmas) and such delivery is not respected by us due to fact attributable to us, you will have right to reimbursement of the price paid. 3.4. Title: ownership of the Goods will be transferred to you when the Goods have been delivered to the delivery address you have communicated to us. 4. Withdrawal 4.1. Your right of withdrawal: Nothing in these Conditions of Sale affects your right to withdraw from orders within 14 calendar days from the day on which you, or a third party indicated by you, receive the Goods. If you have ordered multiple Goods with a single order, or if the delivery of your Goods consists of several pieces, the withdrawal period starts upon receipt of the last article or piece. 4.2. If you wish to withdraw from your order, you can do so in the following ways: (a) by completing and submitting our standard withdrawal form, which is made available to you via your confirmation email; (b) by contacting us via https://www.groupon.it/customer_support; (c) by post to the address in Clause 1.1; (d) by hand delivered communication. 4.3. You must take care to ensure proper packaging of the Goods to avoid their damage in transit. The costs of returning the Goods are your responsibility. We recommend that you use a tracked shipping service when returning Goods. 4.4 The refund will be made, by reversing the charge for the price paid, within 14 days from the date of receipt of the product (or, if applicable, from the date on which you provide us with proof of sending the product). 4.5. The following Goods are excluded from the right of withdrawal: (a) perishable goods such as food or flowers; (b) audio / video recordings; DVDs or computer software that you have removed from the sealed packaging in which they were delivered to you; (c) goods made to your specifications; (d) periodicals or magazines; (e) lotteries or gambling; (f) all other Goods which by their nature cannot be returned, including those which would be damaged in transit. 4.6. Return of Goods: Please note that if you exercise your right of withdrawal from your purchase, you must return the Goods to us no later than 14 calendar days from the exercise of this withdrawal. 4.7. We may cancel: We may be forced to cancel an order prior to delivery of the Goods as a result of an event beyond our reasonable control, including equipment failure or transportation difficulties. Should this happen, you will be promptly contacted promptly. 5. Returns and Refunds 5.1. Our Returns Policy: Every item we sell is covered by our Returns Policy. In addition to your right to return the Goods within 14 calendar days from the day on which you, or a third party designated by you, receives the Goods, you have all applicable warranty rights, including warranties for non-conforming or defective goods. 5.2. Title to Returned Goods: We assume title to returned Goods only when they have reached our return destination. We reserve the right to make a refund without requiring a return. In the latter case, we do not assume title to such Goods. 5.3. Problems with your Returned Goods: We reserve the right to refuse reimbursement and to claim the cost of shipping your return if it turns out (i) that the Goods have been damaged after delivery to your address; (ii) that the Goods have been used improperly or not in accordance with instructions or for inspection purposes; or (iii) if the problem with the Goods is due to normal wear and tear. This Clause 5.3 does not limit, or affect, your right to withdraw from your contract and to return the goods under Clause 4, or your warranty rights if the goods supplied to you are incorrect or defective. 6. Information on goods 6.1. We are not the manufacturer: we are not the manufacturer of the Goods we sell. While we endeavor to ensure that the Goods match the description we have provided, that they are of satisfactory quality and that they are fit for use, the Goods may vary slightly from such product information. Before use, we advise you to read all information available on labels, as well as all warnings and directions accompanying the Goods. Any warranties given by us, the manufacturer or the importer do not affect the rights and legal actions you may exercise under this contract and applicable law. 6.2. Accuracy of Descriptions: We have made every effort to show the colors and other details of the Goods as accurately as possible. However, the colors and details you see in the advertisement depend on the devices you use to view the Goods. We cannot guarantee that the display of individual colors or details on your television, mobile device, computer monitor or other device will exactly match the colors or details of the Goods upon delivery. 6.3. Health Care and Safety Goods: For Health Care Goods, if you have any concerns about safety or any other information relating to the product, we recommend that you carefully read the information provided with the product or contact the manufacturer. The content on the websites is not intended to replace advice given by a doctor, pharmacist or other licensed healthcare professional. Customers should contact their physician immediately if they suspect they have a health problem. The information and statements about the Goods are not intended to diagnose, treat, cure or prevent disease or altered health conditions. We decline any responsibility for inaccuracies or incorrect exposures on the Goods attributable to manufacturers or third parties. 7. Responsibility' 7.1. The standards under which we operate: we always try to do the best in what we do and we guarantee that: (a) we will exercise reasonable care and competence in meeting any obligation arising from these Conditions of Sale; (b) we have the right to sell the Goods; (c) we sell the Goods for domestic and private use only; (d) the Goods are of satisfactory quality and fit for their purpose; (e) we do not contravene the requirements of fairness or professional diligence in carrying out our business. 7.2. This Clause 7 prevails over all other Clauses (except Clause 1.5) and establishes our entire Liability. 7.3. We are responsible for: nothing in these Terms of Sale will exclude or limit our Liability for (i) fraud; (ii) gross negligence, excluding gross negligence not attributable to us; or (iii) any Liability which cannot be excluded or limited by current legislation. You are obliged to take appropriate measures to avoid and reduce damage. 7.4. Loss categories for which we are not liable: Notwithstanding Clause 7.3, as we only sell Goods for domestic and private use, we are in principle not liable for: (a) loss of income or income; (b) loss of actual or anticipated earnings; (c) loss of business; and (d) indirect or consequential loss (and for the avoidance of doubt, the words "consequential loss" mean "consequential losses whether they are foreseeable, known, foreseen or otherwise"). 7.5. « Liability ": means liability in or for any cause (including any breach of contract, unlawful act, misrepresentation, compensation or any other cause of a legal nature) relating to or arising from or in connection with these Conditions of Sale (including the liability expressly provided pursuant to these Conditions of Sale or deriving from a cause of invalidity or ineffectiveness of these Conditions of Sale). 8. General provisions 8.1. Interpretation: in these Conditions of Sale: (a) words denoting persons, including natural persons, partnerships, limited liability companies, legal persons and associations of persons without legal personality; (b) Clause titles such as ("8." General Provisions "at the beginning of this Clause) and Clause titles (such as" Interpretation: "at the beginning of this Clause 8.1) are intended to facilitate references and do not form part of or affect the interpretation of these Terms of Sale; (c) references to 'including' and 'comprendendo' are also to be regarded as meaning 'including / or) without limitation' and 'including without limitation' respectively. 8.2. No partnership / agency: none of the provisions of these Terms of Sale shall be construed as constituting a joint venture, partnership or agency relationship between us and you and no party may assume any liability, debt or cost, or enter into any whatsoever contract in the name or on behalf of the other. 8.3. Assignment: You may not assign or otherwise transfer all or part of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We will have the right to assign or otherwise transfer all or part of our rights or obligations under these Terms of Sale to any person. 8.4. Events beyond our reasonable control: we will not be liable for violations of our obligations under these Conditions of Sale if we are prevented or hindered in the fulfillment of the same obligations by any cause beyond our reasonable control. Where an event beyond our reasonable control occurs that affects our ability to comply with our obligations under these Terms of Sale, the same obligations will be extended for the duration of the event and we will notify you as soon as possible. When the impediment has passed, we will agree with you a new delivery date for your Goods, where possible. 8.5. Our scope of application: we intend to apply to the Sale of Goods to you only the conditions set out in these Conditions of Sale and no other declaration made elsewhere. 8.6. No Waiver: No tolerance on our part of any breach by you of these Terms of Sale will be valid or may be construed as a waiver by us to enforce any future breach, whether similar or different. No delay on our part in taking legal action relating to your violation may exonerate you or may otherwise affect your liability under these Terms of Sale. 8.7. Communications: unless otherwise established in these Conditions of Sale, communications to the parties must be in writing and must be sent by e-mail (unless it is a valid communication for the purpose of serving procedural documents) or by prepaid mail, to you at the address you have provided to us and to us at our registered office. 8.8. No Third Party Rights: All provisions of these Terms of Sale apply equally and are for the benefit of Groupon Goods, its affiliate (s) and its third party provider (s) of content. and its licensors and each will have the right to exercise and enforce these provisions directly. Without prejudice to the foregoing, no condition of these Conditions of Sale may otherwise be applied by any person who is not a party to them. 8.9. Survival: in any case, the provisions of Clauses 1, 2, 4, 7 and 8 of these Conditions of Sale, together with those provisions that are expressly indicated as intended to survive the expiration or termination of the Agreement or which by their nature or because of their context they are intended to survive such termination, will survive termination of the Agreement. 8.10. Severability: If any provision of these Terms of Sale should be deemed illegal, invalid or ineffective, such provision will be removed from these Terms of Sale without affecting the remaining provisions of these Terms of Sale. Where possible, the validity and effectiveness of the remaining provisions of these Conditions of Sale will not be compromised. 8.11. Applicable law and dispute resolution: we will do our best to resolve any dispute arising from these Conditions of Sale. If you wish to take legal action against us, these Conditions of Sale (and all non-contractual relations between you and us) will be governed and interpreted in accordance with Italian law and both parties with this Agreement declare themselves subject to jurisdiction. exclusive of the competent courts in Italy where you have your residence or domicile. The parties also agree that the United Nations Convention on the International Sale of Goods does not apply to this Agreement. 9. Customer service Contact information Telephone: 02 947 54 424 Contact us: https://www.groupon.it/customer_support *********************************** Coupon sales conditions - Groupon International Travel GmbH 1. General informations 1.1 These Conditions of Sale apply to each Coupon you purchase from Groupon International Travel Gmbh. 1.2 Groupon means Groupon International Travel GmbH, a company incorporated under Swiss law, with its registered office at c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland (REA number CHE-180.110.104). The company's VAT number is CHE-349.386.564 MWST. 1.3 Coupon means an instrument, in physical or electronic form, which enables the owner of such Coupon (the "Coupon Owner") to receive the Merchant's Offer from the Merchant during the period of time set forth on the Coupon (the "Redemption Period "). 1.4 The Merchant's Offer means the goods and / or services to be provided and / or provided by the Merchant to the Coupon Owner, as specified on the Groupon Site and Coupon. 1.5 The Merchant is a third party unrelated to Groupon who sells, supplies and / or delivers the Merchant's Offer. Groupon does not sell, supply and / or dispense the Merchant Offering. It merely sells and supplies the Coupon. 1.6 These Conditions of Sale were last updated on 27.06.2017. Groupon reserves the right to unilaterally modify these Terms of Sale at any time. All changes to these Conditions of Sale will be published online and made known through banners included in the newsletter. You will only be bound by the version of the Terms of Sale that you accepted when purchasing a Coupon. 2. Purchase of a Coupon 2.1 To purchase a Coupon you must be at least 18 years old. Before you can make a purchase, you must register and create an account with Groupon International Limited. 2.2 By clicking on the "Buy Now" button, you send Groupon an offer to purchase the Coupon. However, the purchase of the Coupon is not completed until you receive an email from Groupon confirming acceptance of your offer. Groupon expressly reserves the right to reject your proposal. In addition, even if Groupon has accepted your proposal, it may terminate the agreement at any time if there are reasonable suspicions that you have committed or are about to commit any scam to the detriment of Groupon, a third party affiliate of Groupon or the Merchant. 2.3 The Merchant may apply its terms and conditions to the sale, supply and / or disbursement of the Merchant's Offer. 3. Redeeming a Coupon 3.1 Unless expressly stated otherwise: (a) the Coupon can only be redeemed once; (b) the Coupon can only be redeemed with the Merchant and not with Groupon; (c) the Coupon is valid for one person only; And (d) you must follow the redemption instructions associated with the Coupon when redeeming the Coupon with the Merchant. 3.2 All Coupons sold by Groupon are Coupons that can only be redeemed with the Merchant. 3.3 In order to redeem a Coupon you must present it to the Merchant within the Redemption Period. If you do not redeem the Coupon within the Redemption Period, it will automatically expire. At that point, therefore, it can no longer be redeemed and you will not be entitled to any refund or compensation. 3.4 In the event that the Merchant's Offer is a "Direct Checkout" offer, Groupon will collect your shipping details at the time of purchase. Groupon will then forward these details to the Merchant on your behalf. The Merchant will initiate the redemption of your Coupon and will send you the Merchant Offer. 3.5 Unless expressly stated otherwise, the Coupon does not entitle the Coupon Owner to receive the Merchant's Offer at a specified time. It is strongly recommended to contact the Merchant as soon as possible. By doing so, you will have more opportunities to secure the Merchant's Offer in your preferred period. Please note that Groupon cannot influence the sale and / or delivery of the Merchant's Offer. In the event that the Merchant's Offer expressly establishes the delivery of a certain good or the provision of a certain service within a given event (eg. Christmas), and such delivery or performance does not occur within the promised time, you can get a refund. 3.6 If you redeem the Coupon for goods and / or services other than the Merchant's Offer, you will not be entitled to a credit, cash refund or new Coupon for the difference between the value of the Merchant's Offer and the present value of the goods and / or services provided to you and / or provided by the Merchant. If, on the other hand, the Merchant offers you a good or service other than the Merchant's Offer, you can obtain, upon adequate proof from you, a refund. 3.7 Coupons can only be redeemed in their entirety. They cannot be redeemed in part or in later stages. If, for any reason, you redeem the Coupon with a Merchant for less than the original (non-discounted) Merchant Offer value, you will not be entitled to a credit, cash refund or new Coupon for the difference between the original value (not discounted) and the redeemed value. 3.8 Groupon may collect registration fees or other costs associated with the purchase and / or redemption of a Coupon on behalf of the Merchant. All taxes or costs (if applicable) will be communicated to you prior to the purchase of the Coupon. 3.9 If the Merchant is unable to provide and / or deliver the Merchant's Offer as described for unforeseen reasons, Groupon will notify you as soon as possible by email. Groupon will offer you either a new Coupon for similar or identical services (if available) or a refund of the Coupon purchase price. 4. Using a Coupon 4.1 Each purchase of a Coupon is for your personal, non-commercial use only (although you may give the Coupon to another person for their personal, non-commercial use). 4.2 You are fully responsible for your Coupon. Neither Groupon nor the Merchant is liable for the loss or theft of Coupons or for the recovery of Coupon reference numbers or security codes. 4.3 You undertake not to provide false data, including false names, addresses and / or contact details or payment details or to commit any illegal activity in connection with the purchase or use of a Coupon, or to allow third parties to do so. way. 4.4 Any attempt to redeem a Coupon contrary to these Terms of Sale may, at Groupon's discretion, render such Coupon void. 4.5 The reproduction of a Coupon is prohibited. 4.6 The commercial exchange of a Coupon is prohibited. 5. Withdrawal (and exceptions), Refunds and Problems 5.1 You are legally entitled to withdraw from your Coupon purchase no later than 14 calendar days from the day following receipt of the confirmation email (the "Coupon Cancellation Period"). However, if you redeem your Coupon during the Coupon Cancellation Period, you expressly ask to receive the services and agree to lose the right of withdrawal from the purchase of the Coupon. Please note, for the avoidance of doubt, that this chapter also applies to all "Direct Checkout" offers. 5.2 If you wish to withdraw from your purchase of a Coupon, you can do so in the following ways: 5.2.1 by filling in and sending the online cancellation form at the page http://contattaci.groupon.it/; 5.2.2 by calling the customer service team on Phone: 02 94754424 (costs vary depending on your rate plan); 5.2.3 by writing to us at the address mentioned in chapter 1.2. 5.3 If you cancel your Coupon purchase under this Chapter 5, Groupon will refund you all payments made for your purchase no later than 14 calendar days from the day you notify Groupon of your withdrawal. 5.4 If you have not been able to redeem your Coupon with the Merchant prior to the expiration of the Redemption Period for reasons beyond your control, you may be eligible for a refund. For these purposes, you must demonstrate to Groupon's satisfaction that your inability to redeem the Coupon is not your fault. 5.5 If you redeem your Coupon but the Merchant has not provided you with the Merchant's Offer as required, or if you have a complaint about the Merchant's Offer being disbursed, you must contact the Merchant directly. This is because the Merchant and not Groupon is responsible for the supply and / or disbursement of the Merchant's Offer. Groupon only sells and supplies the Coupon. However, if you and the Merchant cannot agree on how to resolve the problem, Groupon may, upon your request, attempt to resolve the dispute between you and the Merchant. 5.6 If the Merchant requests the payment of additional costs for the provision of the Merchant's Offer and you are able to demonstrate this fact, you can obtain a refund. 5.7 Cash refunds will be made using the original payment method adopted. If your original payment method has been canceled, has expired or has been otherwise changed, you must immediately notify the customer support team at http://contattaci.groupon.it/ If you omit such communication and have been refunded according to the your original payment method, you may need to contact your bank or payment provider to get your refund. Groupon only makes a refund. 5.8 You have 30 days from the time of receipt of the refund to refuse it. If you do not refuse the refund during these 30 days, the refund will be the full and final settlement of any and all claims you may have against Groupon in connection with, arising out of or related to such Coupon. 6. Liability for the Merchant's Offer 6.1 Please note that it is the Merchant, and not Groupon,: 6.1.1 the seller, supplier and / or provider of the Merchant's Offer; 6.1.2 the party entering into a contract with the Coupon Owner when the Coupon is redeemed; And 6.1.3 the person responsible for providing the Merchant's Offer to the Coupon Owner. 7. Groupon's Standards for Services and Responsibility 7.1 Groupon warrants that: 7.1.1 will exercise reasonable care and diligence in fulfilling its obligations arising from these Conditions of Sale; 7.1.2 the Coupons are of satisfactory quality and fit for their purpose; And 7.1.3 does not contravene the requirements of correctness or professional diligence in carrying out its business. 7.2 Groupon is always liable for: (a) death and personal injury directly attributable to Groupon's negligence; (b) fraud or fraudulent misrepresentation by Groupon itself in place; or (c) any implied contractual conditions which cannot be excluded or limited under applicable law. 7.3 Except as set forth in chapter 7.2 above, Groupon is not responsible for any other loss or damage you may suffer, including any indirect or consequential loss. 7.4 Groupon declines all responsibility for the violation of obligations arising from these Conditions of Sale where Groupon itself has not been able to comply with these obligations for reasons beyond its reasonable control. 8. Groupon site The Groupon Site (the "Site") means the website on the Internet, mobile applications, electronic communications or services or any location from which you can purchase a Coupon from Groupon. The Site on which Groupon markets the Coupons belongs to Groupon International Limited. You will find further information about the conditions of use of the Site, which are expressly an integral part of these Conditions of Sale, here www.groupon.it/terms_and_conditions/tou112015. 9. Various and possible 9.1 If you violate these Terms of Sale and Groupon does not take any legal action against you, it does not mean that Groupon has waived its rights and actions. 9.2 Unless otherwise stated in these Conditions of Sale, communications to the parties must be in writing and must be sent by e-mail (except in the case in which they are sent for the purpose of serving procedural documents) or by prepaid mail. Any communication Groupon sends to you will be at the address you provided when registering your Groupon account. You can send any communication to Groupon at the address set out in chapter 1.2. 9.3 Should any provision of these Conditions of Sale be declared invalid or ineffective, the validity and effectiveness of the remaining provisions of this Agreement will not be affected. This invalid or ineffective provision will be replaced by a valid and effective provision that achieves as much as possible the economic effect envisaged by the provision deemed invalid or ineffective. 9.4 These Conditions of Sale are governed and interpreted in accordance with Italian law, regardless of the application of any conflict law or any choice made by the parties. Any disputes will be subject to the exclusive jurisdiction of the Court of your place of residence or domicile. *********************************** Booking conditions This document sets out the terms and conditions of booking for the use of the Groupon International Travel GmbH Services (the "Terms of Sale"). It is not possible to use the Services (including making a Reservation or Purchase) without accepting these Conditions of Sale. Please note that these Conditions of Sale will NOT be applied to the purchase, on the market, of any item other than Accommodation, as these purchases are governed by their own applicable conditions of sale. 1 BASIC INFORMATION RELATING TO THESE TERMS OF SALE 1.1 Groupon International Travel GmbH: Groupon International Travel GmbH is a company incorporated under Swiss law with number CHE-180.110.104 having its registered office at c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland (referred to as "Groupon Travel "," Us "," we "or" our "). The company's VAT number is CHE-349.386.564 MWST. 1.2. Groupon Travel and Suppliers: For each Booking and each subsequent Purchase, we act as an agent for the Supplier. The Accommodation described on the Groupon International Site does not constitute an offer by us to sell similar accommodation, but represents an invitation to the user to propose an offer to our Suppliers. We are free to accept or reject this offer on behalf of these Suppliers. This means that the accommodation contract is between the user and the Provider. The Supplier (or, possibly, the Supplier's client) is legally responsible for making the Accommodation available to the user. As an agent, we are in no case legally responsible for the provision of the accommodation to the user. We will elaborate on this aspect below. 1.3 What are the conditions of sale? Please read these Terms of Sale carefully as they will apply to your use of the Services, Reservations, Purchases and Accommodations (or other) (hereinafter the "user"). We will not allow any Booking or Purchase to be made if the user does not confirm that he has read and accepted these Terms of Sale. The Suppliers will apply their own terms and conditions that will govern the User's Reservation and any subsequent Purchase. These Conditions of Sale are subject to any terms and conditions of the Suppliers involved and the user, when making a Reservation and proceeding with the next Purchase, undertakes to abide by these terms and conditions. If there is a conflict between these Conditions of Sale and any terms and conditions of the Supplier, the latter will prevail over these Conditions of Sale in relation to the scope of any conflict. 1.4 The Groupon International Site: Our affiliate Groupon International Limited in Ireland (“Groupon International”) operates the websites and mobile and newsletter services in which we advertise Accommodations and Reservations. See the Groupon International Terms of Use here. Groupon Travel is one of the vendors operating on the Groupon International Site. If the user interacts, in any way, with the Groupon International Site, they will likely see references to various companies belonging to the Groupon group ("Groupon Group"). Depending on what you purchase from the Groupon International Site, the user will likely be subject to different contracts with various Groupon Group companies. These Terms of Sale apply only in relation to the use of our Services. To learn more about the various legal relationships to which the user may be subject when accessing the Groupon International Site, consult the Groupon International FAQ here. 1.5 Privacy Practices: When you make a Booking or Purchase through Groupon Travel, you authorize us to collect, process and use your information as described in our Privacy Policy. 1.6. These Terms of Sale: When the user uses our Services (including making a Reservation or Purchase), he automatically accepts these Terms of Sale. The sending, on our part, of an e-mail confirming the Reservation gives rise to a contract, between the user and us, governed by these Conditions of sale. 1.7. The user's legal rights: As a consumer, nothing contained in these Terms of Sale affects the user's legal rights. In particular, the user can always make use of all applicable rights provided for by Legislative Decree 206/2005 ("Consumer Code") and by Legislative Decree 79/2011 ("Tourism Code"). 1.8. Updates to these Conditions of Sale: The most recent update of these Conditions of Sale took place on 27.06.2017. Groupon reserves the right to change these Terms of Sale at any time (and post such change online). Any changes to these Conditions of Sale made after the user has received the confirmation of the Reservation by e-mail will not be applicable to the user with respect to this Reservation and any subsequent Purchase relating to this Reservation. 1.9. Definitions: Various specific terms will be used in these Terms of Sale. The user will easily recognize them because they are indicated with a capital letter. These specific terms are defined in all of these Terms of Sale, as well as in Clause 12. 2. THE USER'S OBLIGATIONS UNDER THESE TERMS OF SALE 2.1. Minimum age: Only people aged 18 or over can make reservations or purchases. By making a Reservation or Purchase, the user confirms that they are 18 years of age or older. 2.2 Accuracy of Information and Communications: You acknowledge and agree that Groupon Travel and any Supplier reserve the right to cancel the Purchase at any time for failure by you to provide any relevant information about yourself or the persons for whom the Reservation is made, as required by these Conditions of Sale. The user guarantees that: 2.2.1 all information provided to us by the user deriving from or in connection with these Terms of Sale is true, complete and accurate; 2.2.2 the user will promptly inform us of any changes relating to the accuracy of the information provided to us; 2.2.3 you acknowledge and accept your responsibility to disclose facts relating to yourself and the persons for whom you are making the Booking that could affect your (or their) ability to travel, such as criminal offenses and previous deportations from destinations. to which you are traveling; 2.2.4 if you or the persons for whom you are making the Booking intend to go to a jurisdiction (including the United States) that requires a criminal record and you or the persons for whom you are making the Booking have a criminal record , including violations of the highway code, the user must declare such precedents at the time of Booking; And 2.2.5 you (and the persons on whose behalf you have made the Booking) are aware of all the rules relating to entry into a territory or country to which you are traveling, including any restrictions and requirements relating to your passport ( for example, blank pages in the passport, or its validity); the user has no criminal record that prevents him from traveling to that territory or country; and the user meets the visa, vaccination, administrative and health requirements. Groupon Travel will not be liable if the user is denied entry to the territory or country where the Accommodation is located for failing to disclose one of the above circumstances. Furthermore, if the user is denied entry, he will not be entitled to any type of refund. 2.3 Reservation on behalf of a third party: If you make a Reservation for other persons, you represent that you are authorized to make such Reservation on behalf of such individuals and that all individuals on the Reservation (or their personal representatives) have agreed to be bound by these Terms of Sale. 2.4 Behavior: During the use of the Accommodation, the user undertakes not to adopt a behavior that may cause suffering, discomfort or generate the risk of danger to other individuals and / or cause damage to the property. If, within the timeframe from departure to return, the user (or the persons for whom the Booking has been made) is arrested or prevented from traveling at the discretion of a Provider, or if the user is removed from the Accommodation , again at the discretion of a Provider, we will not refund, on behalf of the Provider, any part of the purchase amount of the Accommodation that the user has not been able to use as a result of his or her behavior (or the behavior of the people for whom made the Reservation). You agree to hold us harmless from any loss, liability, damage or costs incurred by us arising from any claims or legal proceedings initiated or threatened against us by any person arising from or in connection with your behavior (or the behavior of individuals for which the Reservation has been made) pursuant to these Conditions of Sale. 2.5. Fraud: If we or a Supplier become aware of or become aware of any suspected or actual fraud or illegal activity related to the payment made for a Reservation or Purchase, we reserve the right in our sole discretion to cancel the Reservation or Purchase with effect immediate and without refunding the user. This right of cancellation will apply without prejudice to any other rights we have towards the user. 3. ACCOMMODATION RESERVATION 3.1. Making a Reservation: Subject to availability, it is possible to make a Reservation online, through the Groupon International Site. To book you must select the accommodation you want to purchase, the type of room and travel dates, click on "Book", enter your e-mail address and other information necessary to allow user access to your account or to create an account, accept these Booking Conditions and click on “Complete your order”. Once these steps have been completed, the user will see a page on the Groupon International Site confirming receipt of the Reservation. 3.2. Booking acceptance: We reserve the right to determine, in our sole discretion, whether or not to accept the user's booking. The Reservation will not be considered accepted by us until (and if) the user has received confirmation that the Reservation has been accepted. In the event that we refuse the reservation, we will notify the user without charging any costs. If we accept the user's Reservation, we will send an e-mail confirming the Reservation to confirm the Accommodation. It is at this point - by sending our e-mail confirming the Reservation - that we accept the Reservation and the contract between the user and us is concluded. We will then charge the relevant amount. 3.3 Checking the Booking Confirmation: It is important for the user to check the information contained in the Booking Confirmation email when he receives it. In case of discrepancy between the Booking and the Booking Confirmation email, or if the Booking Confirmation email is not received within 24 hours after the Booking, the user can contact us immediately on 02 947 54 424 or by e-mail at https://www.groupon.it/customer_support or assistenza.clienti@groupon.com. 3.4. User Agreement for the provision of Accommodation: Note that the party legally responsible for the provision of the Accommodation to the user is the Provider (although we are responsible for what is stated in these Terms of Sale). In our capacity as agent, we are not legally responsible for the provision of the accommodation to the user, which will instead be provided by the Supplier under a contract between the latter and the user. The user accepts and acknowledges that by making the Reservation, the actual provision of his Accommodation (which does not fall under these Conditions of Sale) will take place according to the terms and conditions of a Supplier. 4. PREZZO 4.1. To whom you pay: All payments made by the user for the Accommodation will be collected by us, on behalf of the Supplier, immediately after confirming the acceptance of the Booking by sending a confirmation email (as indicated above ). 4.2. Final Price: We reserve the right to change the prices of any Accommodation prior to Booking. The user will be informed of the current price of any Accommodation prior to Booking. This price may be different from the price originally displayed by the user on the Groupon International Site. 4.3. Price errors: In certain circumstances, Groupon may make an error that could be reflected in the price list at the time of the Reservation by the user. If we make the mistake (whether it is a human, technical or other error), we reserve the right to offer the user the opportunity to make a new Reservation at the correct price or to receive a full refund. 4.4 Taxes: In some countries there may be taxes, duties, duties, fees, valuations or other charges (collectively “Taxes”) that are levied by local authorities. Before the user makes the Reservation, the Taxes applicable to the same will be indicated in the clauses or in any section of the Groupon International Site. Please note that the user will be the one and only responsible for the payment of these taxes. 4.5. Additional Services: The user is informed that during and during the use of the Accommodation, they may have the opportunity to purchase additional services. These additional services may include meals and connection at the hotel, etc. ("Additional services"). In the event that the user has not purchased these additional services from us, any additional services will be the sole responsibility of the user and the responsibility for the provision of such additional services will lie with the provider of such additional services (including any third party supplier). Groupon Travel assumes no responsibility for the provision, performance, satisfaction or otherwise of any Additional Service. 4.6. Review of accommodation prices after booking: Without prejudice to clause 5, Groupon Travel will not change the price of the accommodation after sending the user an e-mail confirming the booking. 4.7. Refunds: Should the user receive a refund (full or partial), it will be refunded using the original payment method. If the user receives a refund, he will have 30 days from the date of its receipt to reject it. If you do not refuse the aforementioned refund during this period, it will always constitute a complete and final settlement of any and all claims you may have against Groupon Travel relating to, arising out of or in connection with the Services, Booking or Purchase. for which the user was refunded. 5. CHANGES AND CANCELLATIONS 5.1. If the user changes his data: 5.1.1. Please note that Groupon Travel may not be able to change the name of the people for whom the Reservation was made. If Groupon agrees to such a request to change the name, it does so at its sole discretion. If we are unable to change a name on the Reservation, it may be necessary to cancel it and make a new one, subject to availability (and incur any costs arising from the cancellation). If the user wishes to inquire about how to change a name, he can contact us on 02 947 54 424 or by e-mail at https://www.groupon.it/customer_support or assistance.clienti@groupon.com. 5.1.2. Any changes to data other than the name may not be allowed. However, the user always has the right to cancel the Purchase and make a new Reservation, based on availability (see Clause 5.2 below on cancellations). 5.2. In case of cancellation of the Accommodation: Please note that each Purchase can be canceled, free of charge, until the relative cancellation date (if any). The user will see the cancellation date as part of the general accommodation restrictions. The cancellation date will be communicated in the booking confirmation email sent to the user. Once the cancellation date has passed, the user's Purchase is neither refundable nor cancellable. Please consult the conditions of the Accommodation you wish to book in relation to your cancellation date, as this varies from Accommodation to Accommodation. If the reason for cancellation is included in the terms of an insurance policy you signed in connection with the Purchase, you may be able to recover, under a given insurance policy, any costs we may charge you for cancellation. . If the user wishes to discuss the cancellation, he can contact us on 02 947 54 424 or by e-mail at https://www.groupon.it/customer_support or assistance.clienti@groupon.com. 5.3. If a Supplier changes the user's Accommodation: Occasionally, a Supplier may be forced to change the Purchase made by the user. We or the Supplier will notify the user of all these changes as soon as possible, indicating the updated details of the Purchase and the Accommodation. Groupon assumes no responsibility for such changes as it is not acting as a Supplier. 5.4. If a Provider cancels the Accommodation purchased by the User: If the cancellation is due to Force Majeure or the failure of the User to pay the full amount of the Accommodation or otherwise complies with these Conditions of Sale, we we reserve the right to cancel your Purchase for any reason and without compensation. 6. STANDARD OF DILIGENCE 6.1. We guarantee that: 6.1.1. in carrying out our obligations we will apply reasonable competence and diligence pursuant to these Terms of Sale; 6.1.2 we are authorized to make the Services offered available through authorized websites; And 6.1.3 we will not, in the course of our business, violate the requirements of professional diligence. 7. LIMITATION OF LIABILITY 7.1. Limitation of Liability: This clause 7 takes precedence over all other clauses of these Terms of Sale (with the exception of Clause 1.7, to which it is subject) and defines the entire liability of Groupon Travel in relation to any cause of action that arises in accordance with or in connection with these Terms of Sale, including the performance, non-performance, alleged performance or delay in performing our obligations under these Terms of Sale or the Service or the provision of a Accommodation (or part of them or both). 7.2. What we are responsible for: Nothing contained in these Terms of Sale will exclude or limit our liability in connection with (i) death or personal injury; (ii) the violation of our obligations under the Consumer Code, the Tourism Code or any other applicable legislation or regulation; (iii) fraud; (iv) the fraudulent declaration; (v) gross negligence; or (vi) any liability which cannot be excluded or limited by applicable law. 7.3. Disclaimer for Suppliers in the areas in which we act as an agent: If we operate as an agent for Suppliers, our responsibility towards the user will be to select Suppliers with the utmost competence and attention. In the event that (i) we have acted with the utmost competence and care in choosing the (i) supplier (s) and (ii) in compliance with the applicable law, we exclude any liability for the provision of the Accommodation to the user or for any actions or omissions of the Supplier. This derives from the fact that the legal contract and legal obligations for the provision of the Accommodation are between the user and the Provider (and not with Groupon Travel). 7.4. What we are not responsible for: Except as stated in this Clause 7 and in Clause 1.7, we will not be liable in cases where the non-compliance with these Conditions of sale is: 7.4.1. attributable to the user; 7.4.2. attributable to the Supplier; 7.4.3. attributable to the non-fulfillment of a third party unrelated to the provision of the Accommodation or when it is due to an event of Force Majeure; or 7.4.4. attributable to a Force Majeure event that prevents us from acting in compliance with these Terms of Sale. 7.5. Limitation of Liability in relation to our Services: We exclude and limit our liability in relation to the Services we provide, which may be excluded by law and, to the extent permitted by the Consumer Code and the Tourism Code, we will not be liable for: 7.5. 1. loss of revenue; 7.5.2. loss of actual or anticipated profits; 7.5.3. loss of contracts; 7.5.4. loss deriving from the lack of cash availability; 7.5.5. loss of anticipated savings; 7.5.6. loss of business; 7.5.7. loss of opportunity; 7.5.8. loss of goodwill; 7.5.9. loss of reputation; 7.5.10. loss, damage or corruption of data; and 7.5.11. indirect or consequential loss. By “consequential loss” we mean “foreseeable, known, anticipated or otherwise consequential losses”). 8. Complaints 8.1. If problems arise relating to the Accommodation, the user should immediately bring them to the attention of the Accommodation Provider (for example the resort representative, the hotel manager, etc.). If the complaint is not resolved locally, the user should contact Groupon informing them of the problem at 02 947 54 424. 8.2. In such circumstances, we will make every reasonable effort to provide, within the limits of our ability, immediate assistance, if deemed appropriate. If the user is unable to make a call, he can send an email to customer support@groupon.com and provide a telephone number, and a time at which we can contact him to provide assistance. 8.3. If, after informing the Supplier and calling Groupon (at the number indicated above), the user's complaint remains unresolved, a written complaint must be sent to: ATT .: Customer Service c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, by entering the booking reference number and any other relevant information about the Accommodation, which we may need in order to identify the user. The above address is dedicated to handling travel complaints. 9. DATA PROTECTION 9.1. Privacy Practices: When you make a Reservation or Purchase Accommodation through Groupon Travel, you authorize us to collect, process and use your information as described in our Privacy Policy. Our Services are made available through the Groupon International Site and by making a Reservation the user accepts the Terms of Use, the Privacy Policy and the Cookie Policy of the Groupon International Site. 10. USEFUL INFORMATION 10.1. Passport requirements: To make a Reservation or Purchase, you must have a valid passport (for at least 6 months after the end of the user's holiday). Special passport and visa requirements as well as any other immigration requirements are the sole responsibility of the user. The user should confirm these requirements with the relevant embassies and / or consulates before leaving. We take no responsibility if the user cannot leave because he does not comply with the requirements relating to passport, visa or immigration or if he does not have vaccination certificates. For citizens of the European Union traveling within the European Union, a valid identity document is sufficient. 10.2. Health information: Depending on the purchase made by the user, mandatory health services may be applicable to the trip. Groupon strongly encourages the user to seek advice and recommendations from a healthcare professional at least eight weeks before departure (whether it is from their own doctor, specialist nurse, pharmacist or clinic specializing in assistance to travelers). For Italian customers, further information on travel health advice is available at http://www.viaggiaresicuri.it/. Information on how to get medical treatment abroad, as well as how to get medical care at reduced costs and potentially free in Europe, is available at http://www.salute.gov.it/portale/temi/p2_4. jsp? area =% 20sanitary assistance. 10.3. Advice from the Ministry of Foreign Affairs: The Ministry of Foreign Affairs provides travel advice relating to most destinations around the world. We invite the user to visit the website http://www.viaggiaresicuri.it/ in order to obtain more specific information relating to their purchase. 10.4. Travel insurance: It is important and strongly recommended that the user has travel insurance to cover the entire duration of occupation of the Accommodation (and every aspect connected to it). This guarantees the user financial protection if, due to certain circumstances, it is necessary to cancel the holiday. The type of coverage required will depend on the type of accommodation purchased by the user. 10.5. Check-in and check-out of the Accommodation: The check-in of the Accommodation will depend on the relevant Provider. Although it is necessary for the user to verify with his specific Provider the information on check-in and check-out times prior to arrival, as a general rule, the check-in will take place at 15:00 (local time) and the check-in -out at 11:00 (local time). Furthermore, in the event of a delay by the user, the latter must inquire with the Supplier to ensure that a delayed check-in does not affect their rights. It is the user's sole responsibility to comply with the terms and conditions of the Supplier regarding check-in and check-out. 11. LEGAL NOTES 11.1. Interpretation: In these Terms of Sale: 11.1.1. the terms describing persons refer to natural persons, partnerships, limited liability companies, legal persons and associations without legal personality; 11.1.2. the clause headings (such as “11. LEGAL NOTES "at the beginning of this Clause) are affixed for mere convenience of reference and do not form part of or affect the interpretation of these Terms of Sale; 11.1.3. the titles of the clauses (such as "Interpretation:" at the beginning of this Clause 11.1) are intended to facilitate the interpretation of the clauses in which they appear; And 11.1.4. the references to the terms "include" and "included" will indicate respectively "include / ono by way of example" and "included by way of example". 11.2. Exclusion of Waiver: If we do not require you to comply with any of the obligations under these Terms of Sale, or fail to exercise our rights against you, or delay in doing so, this does not mean that we have waived our rights in respect of you. against him nor excludes the user's obligation to fulfill these obligations. If we give up taking action in the face of a default by the user, we will do so exclusively in writing. This waiver only means that we have waived to act for this particular breach at that particular time and in no other way will we release, indemnify or otherwise relieve the user's liability in accordance with these Terms of Sale. 11.3. Notifications: Unless these Terms of Sale state otherwise, notifications submitted to each party will be sent in writing and delivered in person, by email (unless you are notifying Groupon Travel under a legal process or to file a complaint under Clause 8.2) or sent by registered letter with acknowledgment of receipt, to the address of the user that the same has provided in his Reservation or to Groupon Travel at its registered office. 11.4. Survival: The provisions of Clauses 1, 2, 3, 4, 7, 9, 11 and 12 of these Terms of Sale, together with the provisions for which survival upon expiration or termination has been expressly established, and those which by their nature or depending on the context are intended to survive such termination, will survive the expiration or termination of these Terms of Sale. 11.5 Severability: In the event that any provision of these Conditions of Sale is held to be invalid, null or ineffective, this provision must be deemed separate and, where possible, the validity and applicability of the remaining provisions of these Conditions of Sale will not be affected. . 11.6 Partnership / Agency Exclusion: Nothing contained in these Terms of Sale will be construed as determining a joint venture, partnership or agency relationship between you and Groupon Travel and neither party will have the right or authority to invoke any liability, debt or cost or enter into any contracts or other agreements in the name or on behalf of the other party. 11.7. Exclusion of other conditions: Except as explicitly defined in these Conditions of sale, all guarantees, conditions and other terms, expressly or implicitly provided for by law, or otherwise, are to be understood as excluded to the maximum extent permitted by applicable law. 11.8. Assignment: An assignment is a transfer, pursuant to these Terms of Sale, of the user's rights (for example, the right to receive compensation where such a right exists). The user does not have the right to assign, delegate or in any way transfer any of his rights or obligations under these Terms of Sale without our prior consent and such consent cannot be unreasonably denied. Groupon shall have the right to assign or otherwise delegate, in whole or in part, any of its rights or obligations under these Terms of Sale to any person, entity or company (if such company belongs to the Groupon group) or to another company. where the consumer's rights under these Terms of Sale are not affected. 11.9 Entire Agreement: These Conditions of Sale contain all the conditions agreed between the parties that govern the matters governed therein and replace and exclude any previous contract, understanding or agreement, both verbal and written, between the user and us. 11.10. Applicable law and jurisdiction: We will do everything possible to resolve any dispute relating to these Terms of Sale. If the user intends to file a legal appeal against us, he must do so in Italy where Italian law will apply. This clause applies to all non-contractual relationships between the user and us. 12. DEFINITIONS 12.1. Accommodation means accommodation intended for individuals in a building or other similar structure, including hotels, apartments, multi-properties, villas, condominiums and homes. 12.2 Force majeure means an event that is beyond the reasonable control of Groupon Travel or a Supplier and that could not have been avoided even if due diligence had been applied, including a natural occurrence, war, riot, invasion , actions of foreign enemies, hostility, civil war, rebellion, revolution, fire, explosion, breakdown of public services or civil uprising, lightning, flooding, hurricane, earthquake, storm winds, tornado, acts of terrorism or sabotage, laws or regulations government restrictions, strikes, lockouts, labor disputes or other trade union matters of any kind (excluding Groupon Travel staff strikes), civil unrest, ionizing radiation or radioactive contamination from nuclear fuel or radioactivity, toxic, explosive or hazardous properties of any other nature of any nuclear assembly or nuclear component, epidemic disaster or any other nature or condition severe weather conditions. 12.3. Groupon International Site means any platform, including the website offered or operated by Groupon International, any affiliate website, business partner network, email, mobile application, other types of electronic offerings or other platforms or channels of distribution owned, controlled or operated by Groupon International or Groupon Travel, their respective affiliates or business partners. 12.4 Purchase means the purchase of an Accommodation from Groupon Travel. This definition includes "Purchased" and "Buying". 12.5 Booking means the submission of an offer to purchase an Accommodation (and this definition includes "Book" and "Booked"). 12.6 Services means the services provided by Groupon Travel to customers under these Conditions of Sale, which include acting as an agent on behalf of the Suppliers in order to offer the Reservation of available Accommodations. 12.7. Provider means any provider of the Accommodations advertised by Groupon Travel as an agent for the Provider. Conditions of sale for the Reservation of goods and services on a third-party platform (partner) - Groupon Italia S.r. 1. General informations 1.1 These Conditions of Sale apply whenever you purchase a Reservation of goods and services on the third party platform on Groupon (as the "Buyer"). 1.2 Groupon significa Groupon S.r.l., a company incorporated under Italian law, registered in Italy and with its registered office in Corso Buenos Aires 54, Milan, Italy. The I.V.A. of Groupon is 06964760968. 1.3 Booking means the right to receive the Partner's Offer from the Partner, which may otherwise be subject to the provision of a ticket or other documentation. 1.4 The Partner's Offer indicates the goods and / or services to be provided and / or to be provided by the Partner to the Buyer, as specified on the Groupon Site. 1.5 The Partner is a third party unrelated to Groupon who sells, supplies and / or delivers the Partner Offer. The contract for the supply and purchase of the Partner's Offer will be stipulated between you and the Partner from whom the Reservation is purchased and in any case Groupon will conclude the contract on behalf of, and as the Partner's agent. Groupon does not sell, supply and / or dispense the Partner Offer. . It merely sells the Reservation. 1.6 These Conditions of Sale were last updated on 23.08.2018. 1.7. Groupon reserves the right to unilaterally modify these Terms of Sale at any time. All changes to these Conditions of Sale will be published online and made known through banners included in the newsletter. You will only be bound by the version of the Terms of Sale that you accepted when purchasing a Reservation. 2. Purchasing a Reservation 2.1 To purchase a Reservation you must be at least 18 years old. Before you can make a purchase, you must register and create an account with Groupon International Limited. 2.2 By clicking on the "Buy Now" button, you send Groupon an offer to purchase the Reservation. However, the purchase of the Reservation is not completed until you receive an email from Groupon confirming acceptance of your proposal. Groupon expressly reserves the right to reject your proposal. In addition, even if Groupon has accepted your proposal, it may terminate the agreement at any time if there are reasonable suspicions that you have committed or are about to commit any scam to the detriment of Groupon, a third party affiliate of Groupon or the Partner. 3. Receive the Partner's Offer 3.1 After purchasing the Reservation, the Partner will provide you with any additional documentation (for example, a ticket) to allow you to receive the Partner's Offer. This additional documentation may also be processed by a third party on behalf of the Partner. 3.2 Unless expressly established otherwise, the Reservation does not entitle the Buyer to receive the Partner's Offer at a specific time. It is strongly recommended to contact the Partner in a short time. By doing so, you will have more opportunities to secure the Partner's Offer in your preferred period. Please note that Groupon cannot influence the timing of the sale and / or delivery of the Partner Offer. In the event that the Partner's Offer expressly establishes the delivery of a certain good or the provision of a certain service within a given event (eg. Christmas), and such delivery or performance does not occur within the promised time, you can get a refund. 3.3 Groupon may collect registration fees or other costs associated with the purchase of a Reservation on behalf of the Partner. All taxes or costs (if applicable) will be communicated to you prior to the purchase of the Reservation. 3.4 If the Partner is unable to provide and / or deliver the Partner Offer as described for unforeseen reasons, Groupon, on behalf of the Merchant, will notify you as soon as possible by email. 4. Fraud or illegal activity 4.1 You undertake not to provide false information, including false names, addresses and / or contact details or payment details or to commit any illegal activity in connection with the purchase of a Reservation, or to allow third parties to do so. 5. Withdrawal (and exceptions), Refunds and Problems 5.1 By purchasing the Reservation, you are expressly requesting that Groupon's performance begin to be performed. As Groupon is not responsible for the provision of the Partner Offer, once the Reservation has been provided, Groupon will be deemed to have fully performed its obligations towards you. Therefore, you do not have the legal right of withdrawal within the 14 days in the event of a purchase of a Reservation. 5.2. Your right of withdrawal from the Partner's Offer will be subject to the Partner's terms and conditions of sale and to any applicable law provisions. 5.3 If you purchase a Reservation, but the Partner does not adequately provide you with the Partner's Offer, or if you have a complaint regarding the provision of the Partner's Offer, you will have to act directly with the Partner. This is because the Partner, and not Groupon, is responsible for providing the Partner's Offer. Groupon only sells the Reservation. However, if you and the Partner are unable to agree on how to resolve the complaint, Groupon may, upon your request, seek to facilitate the resolution of the matter between you and the Partner. 5.7 Unless you inform Groupon in advance and expressly to the contrary, any refunds will be made via the original payment method. If your original payment method has been canceled, has expired or has been otherwise changed, you must notify the team immediately. customer service on the following page http://contactus.groupon.it/. If you fail to do so and have been refunded to your original payment method, you may need to contact your bank or payment provider to get your refund. Groupon will not issue more than one refund. 5.8 You have 30 days from the time of receipt of the refund to refuse it. If you do not refuse the refund during these 30 days, the refund will be the full and final settlement of any and all claims you may have against Groupon in connection with, arising out of or related to such Reservation. 6. Liability for Partner Offering 6.1 Please note that it is the Partner, and not Groupon,: 6.1.1 the seller, supplier and / or provider of the Partner's Offer; 6.1.2 the party who enters into a contract with the Buyer following the Purchase of the Reservation; And 6.1.3 the person responsible for providing the Buyer with the Partner's Offer and for the quality of the Partner's Offer itself. 7. Groupon's Standards for Services and Responsibility 7.1 Groupon warrants that: 7.1.1 will exercise reasonable care and diligence in fulfilling its obligations arising from these Conditions of Sale; e 7.1.2 does not contravene the requirements of correctness or professional diligence in carrying out its business. 7.2 Groupon is always liable for: (a) death and personal injury directly attributable to Groupon's negligence; (b) fraud or fraudulent misrepresentation by Groupon itself in place; or (c) any implied contractual conditions which cannot be excluded or limited under applicable law. 7.3 Except as set forth in chapter 7.2 above, Groupon is not responsible for any other loss or damage you may suffer, including any indirect or consequential loss. 7.4 Groupon declines all responsibility for the violation of obligations arising from these Conditions of Sale where Groupon itself has not been able to comply with these obligations for reasons beyond its reasonable control. 8. Groupon site The Groupon Site (the "Site") means the website on the Internet, mobile applications, electronic communications or services or any location from which you can purchase a Reservation from Groupon. The Site on which Groupon markets Bookings is owned by Groupon International Limited. You will find further information about the conditions of use of the Site, which are expressly an integral part of these Conditions of Sale, here www.groupon.it/terms_and_conditions. 9. Various and possible 9.1 If you violate these Terms of Sale and Groupon does not take any legal action against you, it does not mean that Groupon has waived its rights and actions. 9.2 Unless otherwise stated in these Conditions of Sale, communications to the parties must be in writing and must be sent by e-mail (except in the case in which they are sent for the purpose of serving procedural documents) or by prepaid mail. Any communication Groupon sends to you will be at the address you provided when registering your Groupon account. You can send any communication to Groupon at the address set out in chapter 1.2. 9.3 Should any provision of these Conditions of Sale be declared invalid or ineffective, the validity and effectiveness of the remaining provisions of this Agreement will not be affected. This invalid or ineffective provision will be replaced by a valid and effective provision that achieves as much as possible the economic effect envisaged by the provision deemed invalid or ineffective. 9.4 These Conditions of Sale are governed and interpreted in accordance with Italian law, regardless of the application of any conflict law or any choice made by the parties. Any disputes will be subject to the exclusive jurisdiction of the Court of your place of residence or domicile.