Terms and conditions
General terms of use valid from 21/02/2019
DEFINITIONS
1. PLATFORM OPERATIONS AND LIABILITIES
2. REGISTRATION AND GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM
3. SUBSCRIPTION TO THE ALERT SERVICE
4. CREATION AND PUBLICATION OF AN ADVERTISEMENT
5. PURCHASING TICKETS AND/OR OTHER PRODUCTS
7. CANCELLATION AND WITHDRAWAL
-7.1 Cancellation of an advertisement
-7.2 Absence of the right to withdraw
Access to the Official Ticket Exchange and the use of its content are subject to these general terms of use (hereinafter referred to as the "General Terms of Use"). By accessing and browsing the Platform, the user unreservedly accepts the General Terms of Use. As these are updated regularly, the User is advised to consult them each time he/she visits the Platform. Any User who does not comply with these General Terms of Use may have his/her access to the Platform's services withdrawn without compensation or notice, and without prejudice to the Platform exercising any recourse or legal remedy it deems appropriate against the User.
Important
Use of the Platform and of all functionalities of the Platform implies the express, prior and full acceptance of the Terms and Conditions by the User. By selecting the box “I acknowledge having read the Terms and conditions” at the time of registration, the User confirms that he/she is bound by the General Terms of Use.
DEFINITIONS
"Platform" means the solution comprising all the publicly accessible Internet pages of the Official Ticket Exchange service as well as the infrastructure, the source code and the databases, which is published by the company See Tickets S.A.S, located at 12 rue de Penthièvre in Paris (France), which regularly owns all the related intellectual property rights, and which is operated by the Provider as a white-label solution. It refers indiscriminately to all pages of the Official Ticket Exchange. The Platform includes both infrastructure and content, in particular texts, sounds, still or animated images, videos and databases.
“Official Ticket Exchange” refers indiscriminately to the white-label service operated by the Provider on the Platform, offering Users the possibility to sell or buy Tickets and/or Other Products.
"Organiser": means the legal entity organising the event for which the Ticket is being advertised for sale on the Platform.
"Provider": means the company See Tickets B.V., with registered office at De Ruijterkade 113, 1011 AB Amsterdam (The Netherlands), which has been given a mandate by the Organiser to sell Tickets and/or Other Products and offer the white-label service on the Platform.
"User(s)": means any individual or legal entity that uses the Platform either to search for a Ticket and/or Other Product, to create an alert, to post a Ticket and/or Product resale advertisement, to view an advertisement and/or to make a purchase, and, more generally, any person who accesses the Platform.
"Buyer(s)": means any User who uses the Platform to purchase one or more Tickets and/or Other Products offered for sale by a Seller.
"Seller(s)": refers to any User who uses the Platform to offer one or more Tickets and/or Other Products for sale.
"Ticket(s)": means ticket(s) for events (such as, for example, shows, concerts, theatres, festivals, sports or leisure activities) offered for sale on the Platform by a Seller.
"Face Value of the Ticket": means the value attributed to the Ticket by its issuer, which is printed on the face of the Ticket. If the Ticket does not have a Face Value, it is considered null and void.
"Resale Price of the Ticket(s)": means the resale price chosen by the Seller for his/her Ticket, it being understood that this resale price may not under any circumstances exceed the Face Value of the Ticket.
"Processing cost": means the amount paid by the Buyer of a Ticket in addition to the Resale Price of the Ticket, which is intended to cover the operating costs of the Resale secure platform and any bank charges.
“Total Sale Price of the Ticket(s)": means the total amount paid by the Buyer for one or more Ticket(s), and includes the Resale Price of the Ticket as well as the Processing costs associated with the purchase.
“Other Products”: means products of the Organiser, other than Tickets, such as, but not limited to: merchandise, coins, parking tickets, lockers and camping tickets.
“General Terms of Use”: means these terms and conditions.
1. PLATFORM OPERATIONS AND LIABILITIES
1.1 Platform operations
The Platform’s purpose is to allow private ticket holders to offer their Tickets and/or Other Products for sale and provide private Buyers to purchase those Tickets and/or Other Products, up to an amount not exceeding their face value, whilst simultaneously enabling:
-
the cancellation of the purchase of the original Ticket and/or Other Product between the Seller and the Organiser, via the Provider,
-
the conclusion of a contract of sale between the Buyer and the Organiser
In particular, the Platform allows Users to:
-
search for and purchase a Ticket and/or Other Product offered for resale by Sellers,
-
set up email alerts for the search criteria of their choice in order to be notified of any available Tickets and/or Other Products.
In particular, the Platform allows registered Sellers, in accordance with the terms and conditions set out in paragraph 4 of these General Terms of Use, to:
-
publish an advertisement for the resale of a Ticket and/or Other Product,
-
be reimbursed directly by the Provider of the original Ticket and/or Other Product once the buyer’s order has been confirmed.
Provider does not sell Tickets and/or Other Products. Provider acts as a host for advertisements. The sales contracts entered into through the Platform are therefore concluded directly between the Buyer and the Organiser. Provider cannot under any circumstances be considered as a Ticket Seller and cannot accept any liability in this respect.
The Platform may carry out technical maintenance at any time in order to improve the performance of the services.
1.2 Non-liability
Provider cannot be held liable for any damage incurred by Users if the services proposed on the Platform are used incorrectly and, in particular, if these General Terms of Use are violated.
Provider cannot be held liable for direct or indirect damages, losses or costs, resulting from the use of the Platform, or the impossibility to use it, or from a malfunction, an interruption due to handling, a technical failure of the server hosting the Platform or related to an interruption of Internet access or for any other cause, a virus, or a line or system problem.
The Platform does not guarantee permanent access to its services, particularly during maintenance operations.
Provider cannot be held liable for, in particular:
-
the content of advertisements placed on the Platform by the Seller;
-
the fact that the Seller is not the rightful owner of the Ticket and/or Other Product advertised;
-
the non-completion of a sale;
-
defects in the hardware of the Users;
-
unforeseen and insurmountable circumstances of a third party to the contract.
The User must safeguard and compensate Provider for any damage it may incur and any liability claims which may be launched against the latter due to a violation of these General Terms of Use and/or any third party rights. In case of fraud (forgery, concealment, etc.), the Platform is authorised to pass on all necessary information to the competent bodies in order to address the said fraud and infringements
2. REGISTRATION AND GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM
All Users must be at least 18 years of age or must use the Platform under the responsibility of an adult, and must be acting in a non-professional capacity.
Registration on the Platform with a view to placing an advertisement or accessing the services reserved for registered Users is free of charge and implies the User’s full, complete and unreserved acceptance of these General Terms of Use.
Before they can publish an advertisement, all new Users must complete a registration form requiring certain essential information. The Seller's email address must be verified before he/she can make use of the advertisement publication service. Any registration associated with an incomplete form or a form containing erroneous and/or false information is liable to be cancelled without compensation or notice by Provider. Moreover, the owner of such an account may be prevented from publishing advertisements or accessing services reserved for registered Users.
Following registration, the User has the right to access, amend and delete data concerning him/her, as detailed in the Personal Data Protection Policy.
3. SUBSCRIPTION TO THE ALERT SERVICE
Users who wish to be alerted when a particular advertisement is posted can set up an email alert at no extra cost.
The fact that a User has set up an email alert on the Platform and possibly received an alert for an advertisement corresponding to his/her search criteria does not grant him/her any preferential right to purchase the Ticket and/or Other Product to which the alert relates. In particular, the Platform cannot guarantee the actual availability of the Ticket and/or Other Product when the user logs in to consult the listing for which the alert was issued. In any case, the Platform does not agree to alert the User within a minimum period. Given the technical nature of the Internet and mobile networks, the Provider cannot guarantee that the alerts sent will successfully reach the User.
4. CREATION AND PUBLICATION OF AN ADVERTISEMENT
The Seller may use the technical solution put in place by the Platform to offer a Ticket and/or Other Product for resale by advertisement, on an occasional basis and without making it his/her main activity, or to provide proof, at the request of Provider, of having obtained the prior consent of the Organiser of the event in question.
Only the buyer of the original Ticket and/or Other Product, who is the owner of the email address used for said purchase, may resell the Ticket and/or Other Product.
All Sellers must agree irrevocably and as an essential condition of these General Terms of Use:
-
not to sell the same Ticket and/or Other Product simultaneously to several buyers,
-
not to go to the event themselves by presenting the sold Ticket, which will have been automatically invalidated, to the Ticket inspection desk,
-
not to advertise or sell Tickets and/or Other Products that are unauthorised for resale that have been for example falsified, misappropriated or stolen,
-
to immediately delete their advertisement in the event that the Ticket and/or Other Product is unavailable, for example due to being resold through another channel.
A published advertisement cannot be modified and can only be deleted provided that the Ticket and/or Other Product is not in a Buyer's basket. Sellers that wish to amend their advertisement must delete it and create it again.
All Sellers must declare, certify and guarantee that they comply with all legal obligations, including contractual obligations, which are applicable to them, and in particular that their use of the Platform does not infringe any legal or regulatory provision or any contractual stipulation. The Seller will remain solely liable for all violations concerning one of his/her legal or contractual obligations.
5. PURCHASING TICKETS AND/OR OTHER PRODUCTS
5.1 General information
Users that wish to purchase a Ticket and/or Other Product from a Seller must click the “Add to basket” button located in the Ticket and/or Other Product resale listing.
To pay for items in the shopping basket, users must:
-
Login or create an account,
-
Check their order and accept the General Terms of Use and the Organiser’s Terms and Conditions of Sale,
-
Proceed to checkout and pay for their item(s) using the secure payment system.
5.2 Processing costs
The basket lists the Ticket(s) and/or Other Product(s) added by the User, as well as its/their Resale Price, any fulfillment costs corresponding to the method of fulfillment proposed and subsequently accepted by the User associated with them, as well as the processing costs which are calculated according to the type of Ticket and/or Other Product, its price and network, and according to whether the event in question is sold out or not, in accordance with the following:
Processing costs are subject to change at any time. However, processing costs will be charged based on the rates in force when the order is placed.
5.3 Placing an order
Before confirming their shopping basket, Users must check its content, paying particular attention to the date on which the Ticket and/or Other Product is to be used.
In order to pay for the items in their shopping basket, Buyers must either log in if they are registered on the Platform, or alternatively create an account by following the method outlined in paragraph 2.1 of these General Terms of Use.
Before they can pay for the items in their shopping basket, Buyers must acknowledge and accept these General Terms of Use. This is done by ticking the corresponding checkbox.
By placing an order, the Buyer has entered into a direct contractual relationship with the Organiser. The Buyer therefore undertakes to read and accept, by ticking the corresponding checkbox, the Organiser’s Terms and Conditions of Sale.
5.4 Payment
To pay for items in their shopping basket, depending on secure 3D payment activation, Users:
-
must enter their payment details on the secure page,
-
will be redirected to the secure payment interface operated by Paylogic.
The payment includes:
-
the Resale Price of the Ticket and/or Other Product set by the Seller when the listing was placed online or amended,
-
any fulfillment costs corresponding to the method of fulfillment proposed and subsequently accepted by the User associated with them
-
Processing Costs, which are calculated based on the total order amount,
If the payment is successful, the User will be redirected to a page summarising his/her payment.
6. AFTER ORDER PLACEMENT
6.1 Order confirmation
As soon as the Buyer has paid for the items in his/her basket, Provider will send a purchase notification to the Ticket and/or Other Product Seller via email.
The Buyer will receive an email from no-reply@paylogic.com containing instructions for downloading his/her Ticket and/or Other Product.
Please be reminded that the contract of sale of the Ticket and/or Other Product is concluded directly between the Buyer and the Organiser.
6.2 Confirmation of sale
As soon as the Buyer has paid for the items in his/her basket, Provider will send a purchase notification to the Ticket and/or Other Product Seller via email. The barcode of the Ticket and/or Other Product will be automatically invalidated and the Ticket and/or Other Product itself will be refunded, up to an amount no higher than its Resale Price, using the same means of payment as for its initial purchase. The paid service fees will not be refunded.
7. CANCELLATION AND WITHDRAWAL
7.1 Cancellation of an advertisement
Sellers can delete their advertisement from their My Account area, provided that the Ticket and/or Other Product related to said advertisement has not been placed in a User's shopping basket.
7.2. Absence of the right to withdraw
The right to withdraw does not apply to the sale or purchase of Tickets and/or Other Products, pursuant to article 6:230(p) (section e) of the Dutch Civil Code.
8. PROTECTION OF PRIVACY
For detailed information regarding the collection, processing and transfer of personal data on the Platform, Users are advised to consult the Personal Data Protection Policy page.
9. INTELLECTUAL PROPERTY
Certain elements (notably editorials, graphics and illustrations) featured on the Platform are protected by copyright and intellectual property rights, and are the property of Provider and/or third parties who are contractually linked to Provider and who hold intellectual property rights to the Platform. In accordance with the provisions of the Dutch intellectual property law, they can only be exploited for private purposes unless the Dutch intellectual property law contains more restrictive clauses. Any other kind of use, notably use constituting forgery, may be liable to the sanctions stipulated in the intellectual property code. Reproduction, even partial, of site content is strictly prohibited without prior consent from Provider.
More generally, any circulation, reproduction, representation, adaptation or alteration - in part or in its entirety - of the Platform or any of its elements is prohibited.
All partial or complete copies, particularly for listing purposes, are prohibited. Any other kind of reproduction, distribution or publication is prohibited and may incur the civil and/or criminal liability of the author;
10. USER SUPPORT
For any information or questions, the User support of the Platform can be reached via the contact form on the Platform.
11. APPLICABLE LAW
The use and operation of the Platform are governed by Dutch law.