Terms and Conditions of Contract
GENERAL TERMS AND CONDITIONS OF CONTRACT
Read carefully these general terms and conditions of contract (the " Terms and Conditions of Contract ") before hiring any product / service through the website smarteventspayment.com (the " Website "), since the contracting of products / Services through this Website will be governed by these Terms and Conditions of Contract. If you do not agree with these Terms and Conditions of Contract, do not contract products / services through it.
This Website is managed by SMART LIVE EVENTS, SL (" Smart Events "), a Spanish company, with NIF B-87850517 and with registered office at C / Orense, 4th, 2nd Floor, Puerta Derecha. 28020 - Madrid (Spain).
All communications and notifications that the Client directs to Smart Events must be sent by email to firstname.lastname@example.org or through the chat enabled on the Website.
In addition to other terms that are defined throughout these Terms and Conditions of Contract, the following terms shall have the meaning indicated below:
"Customer" refers to the User who acquires any Entry through the Website or any other purchase process enabled by Smart Events. For explanatory purposes, in the event that the Entry is nominative, only the "Purchaser" will be considered as the "Client" to whom the purchase is made, not to the rest of the Ticket holders.
"Entry (s)" refers to the document that entitles you to enter the selected Event through the Purchase Process or through any other purchase process enabled by Smart Events.
"Event" refers to any leisure or entertainment activity organized by one or several Promoters, for whose assistance an Entry through the Website can be acquired through the Purchase Process enabled by Smart Events or another purchase process enabled for that purpose by Smart Events
"Event Information" refers to the information that appears on the Website related to an Event. For explanatory purposes, this information is provided to Smart Events by the Promoter that in each case corresponds, and is being updated by the same and is your sole responsibility. In some cases, a link may be provided that redirects to the Promoter's website.
"Purchase Process", which we refer to in clause 5.
"Promoter (s)" refers to third parties, other than Smart Events, suppliers of goods and / or services that, by decision of Smart Events, offer their goods and / or services, for sale, through the Website.
"Sales Service" , which we refer to in clause 2.1.
"Terms and Conditions of the Promoter (s)" refers to the terms and conditions of sale according to the Purchase Process and / or the commercial terms of any Promoter (including, but not limited to, the protection policy). of the Promoter's data, the reservation policy, the delivery policy, the admissions policy and the refund and reimbursement policy of said Promoter, as applicable).
"User (s)" refers to natural or legal persons considered final consumers for the purposesof article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text for the Defense of Consumers and Users.
2. SMART EVENTS SERVICE
2.1. Smart Events offers Users a service for the quick and easy acquisition of Tickets for Events (the " Sales Service ").
2.2. The number of Tickets placed at the disposal of Smart Events for sale varies from one Event to another depending on the Tickets assigned to Smart Events by the Promoter. All distribution points access the same inventory and ticketing system and, therefore, Tickets to Popular Events can be quickly depleted. Occasionally, more Tickets may be made available before the Event, but Smart Events has no control over that inventory or its availability. In any case, it will be informed through the Website when the Tickets to an Event are sold out.
2.3. The Promoters' Terms and Conditions of Contract may prevent Smart Events from issuing Entries to replace any lost, stolen, damaged or destroyed Tickets. If Tickets are issued in substitution, the Client, according to the conditions of each Promoter, may have to pay the corresponding administration expenses, of which it would be previously informed. Smart Events assumes no responsibility for any lost, stolen, damaged or destroyed ticket.
2.4. Any Entrance wrinkled, broken or showing signs of falsification will authorize the Promoter to deprive its bearer of access to the Event if it is not possible to prove its authenticity. Therefore, it is the responsibility of the Client to keep and keep his Entry in good condition, as well as to carry out the appropriate actions, if necessary, to prove the authenticity of the same.
3. WHO CAN HIRE
3.1. They can only hire natural or legal persons considered final consumers, in accordance with Spanish legislation, for the purposesof article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text for the Defense of Consumers and Users -defined as "Users".
3.2. The physical persons contracting must be, in any case, over eighteen (18) years old. In this sense, the Client declares and guarantees that he is of legal age and exonerates Smart Events of any liability derived from the falsity of said manifestation.
3.3. Therefore, you can hire any user of legal age from any part of the world that has access to the Internet and access to the Website.
4. RELATIONSHIP BETWEEN THE CLIENT AND SMART EVENTS; AND BETWEEN THE CLIENT AND THE PROMOTER
4.1. When the User buys an Entry through the Sales Service:
1. A contractual relationship between the Client and Smart Events is born subject to these Terms and Conditions of Contract.
2. A contractual relationship between the Client and the Promoter of the Event for which the Customer has acquired an Entry is born, subject to the Promoter's Terms and Conditions, and of which Smart Events is not a party.
4.2. The Sales Service is offered to the Users by the Promoters' indication, being the Information of the Events the exclusive responsibility of the Promoter, without Smart Events being, therefore, responsible for such information. All Tickets purchased through the Sales Service are offered by Smart Events on behalf of the Promoters, so it acts as an intermediary, not being Smart Events, therefore, responsible for organization, development, celebration or relative circumstances to the Event for which the Entry is acquired. The foregoing, without prejudice to the responsibility that may correspond to Smart Events for the development of its activity.
4.3. Likewise, the Event is governed by the Promoter's Terms and Conditions and the Event Information, which is provided by the Promoter to Smart Events. Smart Events is not responsible for the content of such Promoter Terms and Conditions or Event Information.
4.4. Smart Events reserves the right to modify, at any time, these Terms and Conditions of Contract in accordance with the provisions of clause 13 below. Therefore, we recommend that each time you want to make a purchase, check the Terms and Conditions of Contract available on the Website at all times, which will regulate the relationship between Smart Events and the Customer.
5. PURCHASE PROCESS
5.1. The User may purchase the Tickets for each Event through the Website. Notwithstanding that at all times you will be guided in the purchase process, we indicate below, in a generic way, the steps of the Purchase Process (the "Purchase Process "):
1. Select on the Website the Event you wish to attend.
2. Once the Event Information has been read, choose the number of Tickets of the Event that you want to buy and click on the corresponding box to continue with the Purchase Process.
3. Register on the Website by completing the form provided for this purpose. The personal data provided in the registry, will be treated by Smart Events in the terms of its Data Protection Policy , which must be read and accepted by the User if you want to continue with the registration.
If you already have a user account, log in.
The creation of an account is mandatory to buy Tickets, so you can not acquire them without registering.
In the Legal Notice and Conditions of Use you have additional information about the user access area.
For informative purposes, it is stated that Smart Events is in charge of the Promoter's treatment in relation to the purchase of Tickets through the Website, that is, it deals with the Clients' data for this purpose (the purchase of the Ticket) as an intermediary of the Promoter, not as responsible. For more information in this regard, you can consult the Smart Events Data Protection Policy .
4. Enter the additional information requested (mailing address and other optional completion information) to continue with the Purchase Process.
In the event that the Tickets are nominative, the User who is managing the purchase must provide the data that is required relative to the owner of each Entry. The User guarantees that he has informed the corresponding person of the use to be made of the data provided and that he has obtained his consent to allow the communication and processing of the data by Smart Events and the Promoter of the event that in each case corresponds to the terms provided in the Smart Events Data Protection Policy.
5. Next, the option of "Shipping Method" will appear. In this sense, it is usual to send via the "Smart Events Payment" system, however, depending on the Event, the shipping method "Welcome pack delivery" may also be available. We describe each of them below:
§ " Smart Events Payment ", consisting of the sending of the Tickets by email to the email address that the Client has provided during the registration process on the Website. This shipment is free (with the exception of Internet connection costs, which will be those applied by the Internet service provider company in accordance with the rate contracted by the User).
§ " Welcome pack delivery", consisting of sending the tickets by courier to the address provided by the Customer in the Purchase Process, together with a welcome pack per Ticket, which will be made up of relative or related merchandise. Event for which the Customer has acquired Tickets. In each case the products that make up the welcome pack on the Website will be described . The sending of the welcome pack will require the payment of an additional amount to the price of the Entrance, of which the User will be informed at all times and which will be included as a concept within the final amount of the purchase of Tickets.
As we indicated, it is possible that not all Events have the option of receiving a welcome pack. Consequently, the method of sending the Tickets will be by email, so only the "Smart Events Payment" system will be available.
6. You must enter the information required to proceed with the payment of the selected Tickets. The usual way of payment will be the payment by card, however, you may be able to pay by bank transfer and / or through PayPal.
In case you have selected the bank transfer as a payment method, after confirming the order of Tickets, Smart Events will send the Customer an "order confirmation" email to the email address provided in the registration process on the Site. Web, which will include, among other information: the data of your purchase, the order number, the bank account number where the transfer must be made and the concept that the Client must include in the bank transfer.
There will be a period of seven (7) days to make the payment of the amount indicated in the "order confirmation" email. Once this period has elapsed, the order can not be made and the Tickets will again be available for purchase through the Website. Notwithstanding the period of seven (7) days indicated, it is stated that this term may be shorter in the event that the Event takes place in a period less than said term. [EG-GG7]
The order will be processed upon receipt of payment by Smart Events.
It is stated that it is possible that the Customer must go in person to his bank to make the transfer. This does not depend on Smart Events, but on the terms of the bank that the Client has contracted.
In addition to the above, the Web Site may be enabled a chat through which you can contact Smart Events to, among other purposes, acquire tickets. The payment method will be in this case by bank transfer following the instructions given by Smart Events.
The chat must be used respecting the provisions of the Legal Notice and Conditions of Use .
Once the payment mode has been selected, if the User wishes to execute the Purchase Process, he must click on the box enabled for the purpose of the purchase confirmation. At that time, the Customer confirms that the payment information entered is correct and truthful and accepts that Smart Events charges the price of the Tickets / s.
The User undertakes and is solely responsible for consulting prior to payment the Promoter's Terms and Conditions, the Event Information, the Promoter's data protection policy and these Contracting Terms and Conditions, exempting Smart Events in this regard. of any responsibility.
7. Formalized the purchase, Smart Events will send an email to the Customer to the account that he / she has indicated during the registration process confirming the purchase of the Tickets / s (the " Purchase Confirmation ") and providing information about it. and, as the case may be, depending on the payment method, the Tickets.
6. TERMS OF PAYMENT
6.1.1. The Sales Service is onerous, with the User having all the information regarding the price of each Entry at all times on the Website.
6.1.2. The price of the Entrance is the one arranged at each moment in the Information of the Event, and is fixed by the Promoter.
6.1.3. At the time of purchase of Tickets, the Customer will be informed of the total price of the itemized purchase, which will include (the " Price "):
§ The total amount of the selected Tickets, indicating whether or not it includes taxes (if applicable) and
§ The management expenses that Smart Events has for the acquisition of Tickets through the Website.
§ Likewise, if available on the Website and contracted by the User, the Price may also be composed of the amount corresponding to the sending of the welcome pack and / or the contracting of an Event insurance.
6.2. Payment and billing
6.2.1. The means of payment accepted by Smart Events may be: (1) payment by credit / debit card and PayPal, using a secure server and the latest encryption technology ; and (2) payment by bank transfer.
6.2.2. The Client knows and accepts that the use of false or used cards without the consent of the owner will derive in the responsibilities that, where appropriate, correspond. The Client shall indemnify Smart Events for any damages arising from such falsehood or unauthorized use.
6.2.3. All purchases through payment by card are subject to verification of the payment card and other security checks are made, and the purchase operation may be canceled if it does not pass the verification process established by Smart Events.
6.2.4. The data of the cards will not be accessible at any time for Smart Events, but will be the responsibility of the third payment gateway service provider.
6.2.6. With the acceptance of these Terms and Conditions of Contract, the Client consents that the different invoices that Smart Events issued by the Sales Service are issued and sent electronically. The Client wishing to keep the invoices in printed form on paper, may make such conversion of support through the corresponding software option that allows printing to paper generating the code legally recognized by the corresponding Tax Administration or, in the absence thereof, may be print the invoice, and in this case, keep the digital file sent by Smart Events. In case of wanting to receive the invoice relative to the purchase of the Tickets, the Customer must request it directly from the Promoter.
6.2.7. As a mere intermediary in the sale of tickets, Smart Events can only issue invoices for the management expenses and / or other additional services provided, as the case may be, by Smart Events.
7. EVENT INSURANCE
Smart Events is working to have an event insurance that has favorable terms for the Client. As soon as it is available, the Customer will have the option to contract it in the Purchase Process, being previously informed of the applicable terms.
8. DURATION OF TICKET PURCHASE CONTRACT
8.1. The purchase agreement between Smart Events and the Customer is initiated when Smart Events sends the Purchase Confirmation to the Customer and ends when the Event for which it has acquired the Entry ends.
9. UNAUTHORIZED USES AND PROHIBITIONS
9.1. Smart Events may limit the number of Tickets that a Customer can buy for each Event.
9.2. The illegal resale of an Entry or the attempted illegal resale constitutes sufficient cause for the seizure or cancellation of said Entry, without the right to reimbursement or any other type of compensation.
9.3. An Entry may not be used to carry out advertising, promotions, contests or draws unless the written authorization of the Promoter is obtained. However, in the event that such consent is obtained, the Customer will be responsible for obtaining the corresponding authorization for the use of trademarks and other intellectual and industrial property of Smart Events, the Promoter and / or any third party whose intellectual property assets. and industrial appears or is mentioned in the Entry. Likewise, the Client will be responsible for the processing of personal data that he / she will carry out when advertising, promotions, contests or raffles with the Tickets.
10. CHANGE AND RETURN POLICY
10.1. No changes or refunds of the Tickets will be accepted, except as expressly provided in the Promoter's Terms and Conditions. The Client may not exercise the right of withdrawal or resolution, in accordance with current Spanish regulations regarding consumers and users for the type of good in question.
10.2. The inability to attend an Event or the commission of an error when making the purchase of the Entrance (s) (for having incorrectly entered the email or other data in the purchase process, for example) are not reasons that allow the Return of the Entry. However, you can always contact Smart Events through the means indicated in these Terms and Conditions of Contract.
10.3. Neither bad weather conditions nor other causes of force majeure entitle you to refund the price of the ticket.
10.4. In the event of any cancellation or change occurring in an Event, Smart Events undertakes to (i) publish it on the Website as soon as the Promoter has informed it, and (ii) send an email to the Customer at the address indicated in the registration process informing you about such cancellation or change.
10.5. Cancellations of Events or changes that occur after receipt of the Purchase Confirmation, such as, for example, change of date, local, artists, are the exclusive competence of the Promoter, so that Smart Events, as an intermediary of the Tickets , only and exclusively may proceed to the cancellation of the Tickets and, therefore, to the refund of the Price when it receives express order from the Promoter. In no event will Smart Events be responsible for any cancellations or changes that are, in any case, the responsibility of the Promoter, including any direct (for example, the Price) or indirect (for example, displacement, accommodation, etc.) damages.
10.6. In the event that the price is returned, it will be reimbursed to the Customer by Smart Events in the same means of payment used for the purchase.
10.7. Smart Events is a mere intermediary in the sale of Event Tickets, does not participate in the organization of said Events and, therefore, has no control over the cancellation or modification thereof, whose responsibility falls directly on the Promoter. Any claim about the cancellation of the contracted Event should be addressed to the Promoter presenting the Entry and any other information or documentation that the Promoter may require at any time.
11. ACCESS TO THE EVENT
11.1. The Customer may access the Event by delivering the printed Entry in the access to the Event venue where they will validate the Entry. Even if several copies of the Entry are printed, only the first Entry presented in the access will be considered valid. Therefore, access to the site will not be allowed, in any case, to those who subsequently try to access with the same Entrance. In the event that the Entry is nominative, the Client must be accompanied by the necessary documentation that sufficiently proves his identity for the Entry to be validated. Otherwise, you may be denied access to the venue where the Event is held.
11.2. Access to the venue where the Event is held is subject to the access and exit policies established by the Promoter.
12. RESPONSIBILITY OF SMART EVENTS
Without prejudice to other cases of exemption from liability established in these Terms and Conditions of Contract:
12.1. Smart Events will not be, in any case, responsible for the fact that the Client is not allowed access to the site, whatever the reason for the refusal to access. The Promoter, at all times, has the right of admission reserved.
12.2. Smart Events does not participate in the organization of the Events and, therefore, will not be responsible for the terms in which they are finally carried out. Claims related to the organization or quality of the Event should only be addressed to the Promoter.
12.3. Smart Events will be exonerated from any liability that may arise from the unauthorized inclusion by the Promoter of the distinctive signs or domain names owned by Smart Events or any reproductions or mentions that include the name of Smart Events in any type of support that may exhibit in unauthorized public spaces.
13. RIGHT TO MODIFY THESE TERMS AND CONDITIONS OF CONTRACT
13.1. We may periodically review these Terms and Conditions of Contract, and, in particular, in the following circumstances:
1. Changes the process of acceptance and / or management of your payments.
2. Changes in legislation and relevant regulatory requirements.
3. Any change in our activity that reasonably implies that we have to modify these Terms and Conditions of Contract.
13.2. Each time the Client accesses the Website to enjoy the Sales Service, the Terms and Conditions of Contract valid at that moment will be applied to the contract between the Client and Smart Events.
13.3. In the event of a revision of these Terms and Conditions of Contract based on this clause, Smart Events will inform and notify such modification, stating that these Terms and Conditions of Contract have been modified and the date on which they will take effect. .
14. GENERAL ASPECTS
14.1. If any competent authority determines that any of these Terms and Conditions of Contract is null, illegitimate or unenforceable to any extent, this will not affect the other terms, conditions and provisions, which will continue to be valid to the extent permitted by law.
14.2. These Terms and Conditions of Contract shall be governed and interpreted in accordance with the Spanish common legislation. In the event that the applicable regulations provide for the possibility of submitting to a jurisdiction, Smart Events and the Client, waiving their own jurisdiction or that may correspond to them, for the interpretation and resolution of conflicts that may arise between them as a consequence of these Terms and Conditions of Contract, are subject to the jurisdiction of the Courts and Tribunals of Madrid capital.