(a) In General
Descriptions of the Merchant Offerings and Products advertised on the Site are provided by the Merchant or other referenced third parties. Whipsale.com does not investigate or vet Merchants. Whipsale.com is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Site may change at any time in Whipsale.com’s sole discretion without notice.
A Merchant may advertise goods, services or experiences on the Site, or with respect to Products, supply products to Whipsale.com, that require Merchant to have an up-to-date regulatory authorization, license, or certification. Whipsale.com does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
Whipsale.com is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.
If an offer becomes unavailable between ordering and processing, Whipsale.com will either cancel or not process the order and will notify you by email.
Whipsale.com does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Whipsale.com reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Whipsale.com will attempt to notify you by email. In addition, Whipsale.com reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
Whipsale.com’s standard refund policies are located here.
(b) Merchant Offerings
Vouchers are distributed by either GMS or Whipsale.com and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Whipsale.com and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in Whipsale.com’s discretion, without notice.
The Merchant is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions. Visit the Buying FAQ for information about Whipsale.com’s tax policies. Frequently asked questions about Whipsale.com’s shipping policies are available here.
- Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed events (e.g., Whipsale.comLive and other ticketed event vouchers). A traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services, or experiences from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid of the Voucher cannot be increased, but are fully transferrable.
- Additional terms for Tickets and Admission Vouchers.
- Tickets and Admission Vouchers. Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. G-Pass tickets (which are Whipsale.com-branded admission Vouchers), tickets shipped or emailed directly from a Merchant, Whipsale.comLive Vouchers, and certain other Vouchers redeemable for tickets or admission to events (collectively, “Tickets and Admission Vouchers”) have no value once the event date and time has passed. Tickets and Admission Vouchers are final sale and non-refundable, subject to the Extraordinary Event Policy, unless otherwise stated. Tickets and Admission Vouchers do not include any applicable gratuity. Unless a specific exception is made, Tickets and Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Tickets and Admission Vouchers obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void.
- Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Tickets and Admission Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Whipsale.com, the venue, the issuer of the Tickets and Admission Vouchers, and all of their respective affiliates, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Tickets and Admission Vouchers. You agree that any event for which you purchase Tickets and Admission Vouchers is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.
Getaways that you purchase through the Site are subject to the terms below:
- Getaways Flash Deals. A Whipsale.com Getaways Flash Deal is a Whipsale.com-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time (“Getaways Flash Deal”). Unless otherwise specified, a Getaways Flash Deal is non-transferrable. A Getaways Flash Deal may not be sold, auctioned, or bartered. Cancellations to Getaways Flash Deals may only be made through Whipsale.com until the deadline specified in the fine print and details of the Getaways Flash Deal. Cancellations to any Getaways Flash Deal after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Merchant and not Whipsale.com. Whipsale.com does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Whipsale.com strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and/or the cancellation of your Getaways Flash Deal.
- There are two types of Getaways Flash Deals:
- A Getaways Voucher is a voucher for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Merchant property (“Getaways Voucher”). The promotional value of a Getaways Voucher will EXPIRE on the book by date specified on the face of the Getaways Voucher, unless prohibited by law. The promotional value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Merchant, and all travel must be completed by the travel by date specified on the Getaways Voucher. The amount paid WILL NEVER EXPIRE. After the promotional value has expired, the Merchant is responsible for permitting you to redeem the Getaways Voucher for at least the amount paid towards the advertised experience of the Getaways Flash Deal. Getaways Vouchers are not valid for existing reservations or for group bookings. Getaways Vouchers are not reloadable. Getaways Vouchers are fully transferable. Unless otherwise specified, Getaways Vouchers exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
- A Getaways booking is a travel reservation for a specific check-in date, length of stay, and room type at a named Merchant property (“Getaways Bookings”). Getaways Bookings have no value once the check-in date has passed. Amounts displayed in the “Taxes and Fees” line include tax that Whipsale.com collects as an agent on behalf of the Merchant. Such taxes are transferred to the Merchant for payment to the appropriate taxing authority. In addition, the “Taxes and Fees” line may include a fee we charge and retain in exchange for the services we provide in facilitating your transaction with the Merchant. Our service fees vary based on the amount and type of Getaways Bookings. Whipsale.com will apply tax to the service fee, where applicable. You may also incur other charges collected by Whipsale.com at check-out which will be noted in the Getaways Flash Deal terms such as, but not limited to, hotel resort fees, cleaning fees, parking fees, and/or pet fees. Unless otherwise specified, Getaways Bookings expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
- Getaways Market Pick hotels. A Getaways Market Pick hotel is a reservation for a specific check-in date, length of stay, and room type at a named Merchant property (“Getaways Market Pick hotel”). Getaways Market Pick hotels are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. Unless otherwise specified, Getaways Market Pick hotels include tax recovery charges and service fees and expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons. The tax recovery charge is assessed to recover the amount we pay to the merchant in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a service fee we charge in connection with handling your reservation. Whipsale.com does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Cancellations to Getaways Market Pick hotels may only be made through Whipsale.com until the deadline specified in the fine print and details of the Getaways Market Pick hotel. Cancellations to any Getaways Market Pick hotel after the cancellation deadline are at the discretion of the Merchant and not Whipsale.com. Whipsale.com strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require, and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Getaways Market Pick hotel.
(iii) Merchant Products
Through the Site, certain Merchants allow you to purchase various products directly from the Merchant. Terms and conditions regarding shipping, delivery, and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Once you click the “Buy” button, Whipsale.com will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from Whipsale.com confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all Merchant Products purchased through the Site.
Coupons are offered by Merchants to consumers throughout the Site, including, without limitation, a portion of the Site dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Any service fee retained by Whipsale.com from the sale of a Coupon, if applicable, is compensation to Whipsale.com for marketing, promoting, advertising, and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. Whipsale.com does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Whipsale.com is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.
(v) Merchant Gift Cards
Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Site, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Whipsale.com from the sale of a Merchant Gift Card is compensation to Whipsale.com for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Whipsale.com does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Whipsale.com is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.
(vi) Salon and Spa Bookings
Through the Site, certain Merchants allow you to book appointments for salon and spa services on a specific date and time, and most allow you to also pay for those salon and spa services through the Site. Any restrictions regarding availability of appointments will vary by Merchant and will be stated on the Merchant’s page. Unless disclosed on the Merchant’s page, any charges for the salon and spa services booked through the Site, applicable sales taxes, and applicable gratuity will be charged after the appointment. The booking of your appointment is not complete until you receive confirmation from Whipsale.com that your appointment is confirmed. If you do not cancel a confirmed appointment before the Merchant’s cancellation deadline, you will be charged the cancellation fee specified by the Merchant and disclosed on the Merchant’s page. The Merchant is solely responsible for all availability and all salon and spa services provided on and/or through the Site.
Products that you purchase through the Site are subject to the terms below:
- When you purchase a Product, an item sold by Whipsale.com Goods, Inc. or any other Whipsale.com entity that sells products (“Whipsale.com Goods”), clicking the “Complete Order” button constitutes an offer to buy the Products. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.
- If you wish to cancel your order before delivery or change the quantity of the Products purchased or the delivery address, please contact us within 2 hours of your purchase. Once that window closes, we cannot make changes to your order, although you may be eligible to make returns as outlined in these Terms of Sale, the Whipsale.com Goods Return Policy, and the offer’s deal terms.
- Shipping and Delivery.
- Shipment and tracking options and applicable charges will be stated in the deal terms and will vary by offer. Shipment may be limited to specific geographic locations.
- Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
- We may have to cancel an order before your Products are delivered; if this happens, we will attempt to notify you at the email address that is registered with your account.
- When Products are delivered to the delivery address provided at checkout, risk of loss and legal title to those Products will transfer to the recipient (i.e., the Products will become the recipient’s personal property).
- It is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal, and international laws (including, without limitation, minimum age requirements) relating to the receipt, possession, use, and sale of any Product.
- Most Products may be returned to us, subject to the Whipsale.com Goods Return Policy, but certain Products are final sale and may not be returned unless defective, as set forth in the Whipsale.com Goods Return Policy and the offer’s deal terms.
- Whipsale.com Goods takes legal title to returned Products only after the Products arrive and are processed at the designated returns destination. Whipsale.com Goods reserves the right, but has no obligation, to issue a refund without requiring a return. In this situation, Whipsale.com Goods does not take title to the returned Products.
- For purchases that qualify for a refund, Whipsale.com Goods will issue a refund within 14 days after processing of a properly returned shipment. If stated, applicable shipping charges and restocking fees may be deducted from your refund.
- We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any Products you return: (i) are not eligible for return, in accordance with the Whipsale.com Goods Return Policy or the offer’s deal terms, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the Product directions or instructions.
- If the deal terms of an offer state that a Product is eligible for exchange, you can return it to us in exchange for a replacement. If a Product is not exchange eligible, you can still return the Product to us for a refund, subject to the Whipsale.com Goods Return Policy.
- If you initiate an exchange in the Return Center, we will ship you a replacement Product at the same shipping speed as your original order.
- You must return the original Product to us within 30 days using the return shipping label provided by us in the Return Center. If the original Product is not returned to us within 30 days, you will be charged for both the original Product and replacement Product.
- If the price of the replacement Product exceeds the price of the original Product, we will alert you and give you the opportunity to accept or reject an additional charge for the difference. If you decline to accept the additional charge, you can still return the original Product for a refund, subject to the Whipsale.com Goods Return Policy.
- If the price of the replacement Product is less than the price of the original Product, we will alert you and credit the difference to your account in Whipsale.com Bucks.
- Pricing, Products, and Accuracy.
- Products shipped within the U.S. and Canada are subject to applicable taxes, customs, and duties depending on your country of residence and will be added at checkout.
- Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be calculated and added at checkout.
- Occasionally there may be an error or omission related to the pricing of advertised Products. We will use reasonable efforts to correct any pricing errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any pricing information related to Products for sale. If there was a pricing error or omission and you have already purchased a Product: (i) if the actual price of the Product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the Product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
- While we work to ensure that the Product description and information on the Site is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions that accompany the Products before use. If a Product is not as described, your sole remedy is to return it to Whipsale.com in unused condition.
- We have taken reasonable steps to display as accurately as possible the colors and other details of Products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual Products.
- Certain Products you purchase through the Site may be subject to export control laws and regulations if shipped outside the United States. It is your responsibility to ensure that any export or re-export complies with all applicable restrictions and regulations, including, without limitation, the Export Administration Regulations (“EAR”) administered by the Department of Commerce, the International Traffic in Arms Regulations administered by the Department of State, and all sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). You further agree that no Products sold through this Site will be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country subject to a comprehensive embargo administered by OFAC, and you agree that no Products sold through this Site will be exported or re-exported to any person or entity on the Specially Designated Nationals List administered by OFAC, the Entity List or Denied Persons List of the EAR, or any similar list of prohibited parties administered by the United States government.
We’re confident in the Whipsale.com experience and back it with the Whipsale.com Promise.
We always want you to have a great experience with Whipsale.com. That’s why we have the Whipsale.com Promise. If you used a Local Whipsale.com voucher before its promotional value expired, took a Getaways trip, or attended a Whipsale.comLive event and were disappointed by your experience, contact us within fourteen days of your voucher use, trip or event and tell us about it. We’ll work with you to make it right.
We also have the following refund policies:
Your voucher may always be redeemed at the merchant who issued it for at least the amount you paid for it – even if the promotional value has expired. Additionally, any unredeemed voucher may be returned to us within the first three days of purchase for a refund of the amount paid. After that three day time period, Whipsale.com will not refund any voucher and all sales are final, unless otherwise stated in the Fine Print.
If you purchase a Getaways
voucher and the merchant is unable to book the stay you want during the
available dates before the book-by date, we’ll refund your purchase. If the
book-by date passes and you haven’t yet booked your trip, the promotional value
is no longer valid but your voucher is still worth what you paid for it. You
may use the paid value as a credit with the merchant.
For hotel reservations that you book directly through our site, the specific cancellation and refund policies for the hotel will be listed in the Fine Print for the deal.
Unless the Fine Print says otherwise, you can return any item you purchased through Whipsale.com Goods within thirty days of delivery, on us. Original shipping charges are not refundable on items returned due to customer preference/change of mind. After thirty days of delivery, all items purchased through Whipsale.com Goods are non-refundable and all sales are final. Returns must be shipped with a Whipsale.com-provided return label in order for your return and refund to be processed. Please see here for additional information on return labels.