GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of services through the website https://www.ticketconcerts.eu/ , property of DIGITAL EVENTS GROUP SL , hereinafter SELLER, this being a company dedicated, among other activities, to the broadcasting of all kinds of audiovisual and television events, as well as the service of selling internet access to the broadcasting of these events.
https://www.ticketconcerts.eu , hereinafter WEBSITE, is a virtual platform owned by the SELLER, through which any User will be able to visualize in streaming, upon payment, a multitude of audiovisual content. Any person, with the characteristics that will be said and who has registered correctly on the WEBSITE and, therefore, has a user account and pays to have access to any audiovisual content on the WEBSITE, will hereinafter be called the " BUYER".
Acceptance of this document implies that the BUYER:
- You've read, you understand and you're agree with this text.
- He is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the SELLER website.
The SELLER informs that the trade is responsible and knows the current legislation of the countries to which it offers the services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the BUYER is DIGITAL EVENTS GROUP SL, with registered office Avenida Via Augusta, 15 - 08174 Sant Cugat del Vallès (Barcelona), NIF B64512619 and with customer service telephone number 807464452.
And on the other, the BUYER, registered on the website through a username and / or password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the SELLER.
Purpose of the contract
The object of the contract regulated here will be the right of personal access to the visual content, whose marketing service is provided by the SELLER and which will be acquired by the BUYER, materialized in access passwords (or similar) that, from now on will be called "TICKETS”.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific service. This relationship between the SELLER and the BUYER will be governed by these General Conditions, as well as the rest of the instructions and indications included in the WEBSITE.
The BUYER will select a unique and non-transferable username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the SELLER of the loss or theft of them or of possible access by an unauthorized third party, so that it proceeds to immediate blocking.
The BUYER, before making the purchase, will declare that he has the necessary capacity to contract on the WEBSITE, in accordance with the conditions set forth, which he will expressly accept, otherwise he will not be able to carry out the business.
The BUYER will add the TICKETS that he wishes to acquire in the 'shopping basket' of his user account. In it, only the chosen events will appear together with the selected units and their price.
Una vez ha sido creada la cuenta de usuario, se informa que de conformidad con lo que exige el artículo 27 de la Ley 34/2002, de Servicios de la Sociedad de la Información y del Comercio Electrónico (LSSICE), el procedimiento de contratación seguirá los siguientes pasos:
1. General contracting clauses. 2. Shipment of orders. 3. Right of withdrawal. 4. Claims. 5. Force majeure. 6. Competence. 7. Generalities of the offer. 8. Price and offer validity. 9. Transport costs. 10. Payment methods, charges and discounts. 11. Purchase process. 12. Applicable warranties. 13. Guantees and returns. 14. Intellectual and industrial property 15. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically provided in writing, placing an order with the SELLER will imply acceptance by the BUYER of these General Conditions. No stipulation made by the USER or BUYER may differ from those of the SELLER if it has not been expressly accepted in advance and in writing by the SELLER.
2. SHIPMENT OF ORDERS
The SELLER will not send any proof of order until it has verified that the payment has been made.
Since the order does not entail the physical delivery of any product, the contracted services being downloaded directly from the WEBSITE, the SELLER will previously inform the BUYER regarding the procedure that must be followed to carry out this download..
From the moment the BUYER formalizes the business, he will be bound as such in front of the SELLER and will be considered a firm business.
3. RIGHT OF WITHDRAWAL
The BUYER has the same rights and deadlines to proceed with the return and / or claim the possible vices or defects that the service presents, both online and offline.
The BUYER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the product (article 71 of Law 3/2014 of March 27).
The right of withdrawal may not be applied when they are personalized services or those that, for reasons of hygiene or other legally established exceptions, are not subject to this right. Thus, taking into account that the event has a specific date of broadcast or execution live via streaming, there is no possibility of withdrawal or resolution, in accordance with Spanish legislation and jurisprudence on the matter.
Any claim that the BUYER considers appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postcard: DIGITAL EVENTS GROUP SL, Via Augusta Avenue, 15 - 08174 Sant Cugat del Vallès (Barcelona) Telephone: 807464452 Mail: firstname.lastname@example.org
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the BUYER and the SELLER, without the need to resort to the courts of law, through the intervention of a third, called the Dispute Resolution Agency, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur responsibility for any fault due to a greater cause. Compliance with the obligation will be delayed until the cessation of the case of force majeure.
The BUYER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The BUYER declares to have read, to know and to accept the present General Conditions in all their extension.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the SELLER will be understood as subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of DIGITAL EVENTS GROUP SL or here stipulated will take effect, except for an express written agreement signed by the SELLER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements in services, the SELLER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND OFFER VALIDITY
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the purchased service.
The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The BUYER assumes that the economic valuation of some of the services may vary in real time.
Once a quote is requested, the prices offered for the services will have a minimum validity of 24 hours from the acceptance by the SELLER.
Before making the purchase you can check online all the details of the budget: services, quantities, price, availability, expenses, charges, discounts, taxes and the total purchase. Prices can change daily while the order is not made.
Once the order is placed, the prices will be maintained whether there are services available or not.
Any payment made to the SELLER entails the issuance of an invoice in the name of the registered BUYER or of the company name that he has informed at the time of placing the order. This invoice will be sent together with the service purchased to the email address provided by the BUYER.
For any information about the order, the BUYER may contact the SELLER's customer service telephone number 807464452 or via email to the legal email@example.com
9. TRANSPORT COSTS
If there are any, the transport costs will be indicated in the order sent to the BUYER.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The unit prices of each TICKET for each of the events will be those published at any time on the WEBSITE and will be expressed in the EURO currency. The BUYER assumes that the price may vary in real time, as long as the formalization and payment process has not been completed.
Before formalizing the business, all the concepts included in the final price to be paid will be broken down (chosen event, number of TICKETS, management costs, discounts, taxes applied). The indicated concepts may vary in real time as long as the formalization and payment process has not been completed.
En caso de haberlos, los gastos de transporte se señalarán en el pedido enviado al COMPRADOR.
The SELLER enables the following forms of payment (which may be modified by the SELLER in real time while the formalization and payment process has not been completed):
- 4.3.1. Redsys payment gateway.
- 4.3.2. PayPal service.
11. PURCHASE PROCESS
Cart (budget simulation)
Any service from our catalog can be added to the basket. In this, only the services, the quantity, the price and the total amount will be observed. Once the basket has been saved, the taxes, charges and discounts will be calculated.
The cart do not have any administrative link, it is only a section where a budget can be simulated without any commitment on both sides.
From the cart you can make a budget following the 3 steps necessary for the correct formalization:
1. - Checking the billing information. 2. - Checking the shipping address. 3. - Selecting the payment method. 4. - Placing the order (buy).
Once the quote is processed, the system instantly sends an email to the SELLER's management department.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent confirming the status of the order and the shipping date
12. APPLICABLE WARRANTIES
All services offered through the website have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the Law. General for the Defense of consumers and users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the following articles based on Law 23/2003 of July 10, Guarantees of sale of consumer goods:
I) Conformity of the services with the contract
1. Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they fulfill all the requirements that are expressed below, except that due to the circumstances of the case some of them are not applicable:
a) They conform to the description made by DIGITAL EVENTS GROUP SL. b) They are suitable for the uses that services of the same type are ordinarily intended for. c) They are suitable for any special use required by the client when he has made it known to DIGITAL EVENTS GROUP SL at the time of the conclusion of the contract, provided that he has admitted that the service is suitable for this use. d) Present the quality and usual benefits of a service of the same type that the client can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by DIGITAL EVENTS GROUP SL. e) DIGITAL EVENTS GROUP SL describes the details, characteristics and photographs of the services provided by the producer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect provision of the service will be equated with the lack of conformity of the same when the provision is included in the service contract and has been carried out by DIGITAL EVENTS GROUP SL or under its responsibility, or by the BUYER when the defective provision is due to an error in the instructions established therein.
3. The responsibility for non-conformity that the BUYER knows or could not have ignored at the time of the conclusion of the contract or that originate from services provided by the BUYER will not proceed.
II) SELLER's responsibility
Changes or returns will not be accepted, except in the event of cancellation of the event.
In the event of suspension of the event -or its broadcast via streaming- once more than half of it has elapsed, the BUYER shall not be entitled to a refund of the price.
DIGITAL EVENTS GROUP SL will respond to the USER for any lack of conformity that exists at the time of service delivery. DIGITAL EVENTS GROUP SL recognizes the BUYER the right to repair the service, to replace it, to lower the price and to terminate the contract.
In the event that the SELLER proceeds to refund the amount paid for cancellation of the event or cancellation of its broadcast via streaming, said amount will be reimbursed in the same payment method used for the purchase, within the term of fifteen (15) days. working from the date of public communication of the indicated cancellation. With this refund, the BUYER is considered compensated, settled and settled for the cancellation of the event and, where appropriate, expressly waives any other type of compensation or compensation.
III) Repair and replacement of services
The inability to attend / view an event or the commission of an error when formalizing the business, are not legitimate reasons for the total or partial refund of the price.
1. If the service is not in accordance with the contract, the BUYER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the BUYER communicates to DIGITAL EVENTS GROUP SL the chosen option, both parties must abide.
This decision of the BUYER is understood without prejudice to the provisions of article IV below for the cases in which the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of sanitation that imposes costs on DIGITAL EVENTS GROUP SL will be considered disproportionate, which, compared to the other form of sanitation, are not reasonable, taking into account the value that the service would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the BUYER.
IV) Rules for repair or service replacement
Repair and replacement will conform to the following rules:
a) They will be free for the BUYER. b) They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the services and the purpose they have for the BUYER. c) The repair suspends the computation of the terms referred to in Article VII. The suspension period will start from the BUYER informing DIGITAL EVENTS GROUP SL and will conclude with the delivery to the BUYER of the service already repaired. During the six months after the delivery of the repaired service, DIGITAL EVENTS GROUP SL will respond for the lack of conformity that motivated the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the service. d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new service. In any case, the second paragraph of article VII will apply to the substitute service. e) If the repair is completed and the service is delivered, it remains not in accordance with the contract, the BUYER may demand the replacement of the same, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of article V. f) If the replacement fails to bring the service into conformity with the contract, the BUYER may demand the repair thereof, within the limits established in section 2 of article IV, or the price reduction or termination of the contract under the terms of articles V and VI.
V) Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the BUYER's choice, when the latter cannot demand the repair or replacement of the service and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for the BUYER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
1. DIGITAL EVENTS GROUP SL is liable for any lack of conformity that appears within two years from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the service was delivered, except when this presumption is incompatible with the nature of the service or the nature of the lack of conformity. .
2. Unless proven otherwise, the delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years from the delivery of the service.
4. The BUYER must inform DIGITAL EVENTS GROUP SL of the lack of conformity within two months from when it became aware of it.
Unless proven otherwise, it will be understood that the BUYER's communication has taken place within the established period.
VIII) Action against the producer
When the BUYER finds it impossible or involves an excessive burden to contact DIGITAL EVENTS GROUP SL for lack of conformity of the services with the service provision contract, he may directly claim the producer in order to obtain the replacement or repair of the service.
In general, and without prejudice to the producer's responsibility ceasing, in the same terms and conditions as those established for DIGITAL EVENTS GROUP SL, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the rules that regulate them.
A producer is understood to be the person in charge of a service or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinctive sign on the service.
Whoever has responded to the BUYER, will have a period of one year to repeat the person responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
Once the TICKET is purchased, no changes or refunds are accepted, only its amount will be changed or refunded in case of cancellation of the event.
14. INTELLECTUAL AND INDUSTRIAL PROPERTY
Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public or private exploitation, commercial or otherwise, is prohibited without the prior express written consent of the SELLER.
All the events shown on the WEBSITE contain or may contain intellectual and / or industrial property rights of the SELLER himself and / or of third-party owners of the same who have duly authorized their inclusion on the WEBSITE.
The transgression of said condition may involve the commission of a crime against intellectual and / or industrial property.
15. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The SELLER and the BUYER agree to submit any controversy that may arise from the provision of the services object of these Conditions of the courts and tribunals of the BUYER's domicile.
In the event that the BUYER is domiciled outside of Spain, the SELLER and the BUYER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of Sant Cugat del Vallès (Spain).