GENERAL CONTRACTING TERMS AND CONDITIONS
Please read these general contracting terms and conditions (the “Contracting Terms and Conditions”) carefully before contracting any product / service through the website smarteventspayment.com (the “Website”), since contracting 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 J&J DREAMS, S.L. ("Smart Events"), a Spanish company, with N.I.F. B-86752870 and with registered office at C / Teodoro Domingo 35, 28250 - Madrid (Spain).
All communications and notifications that the Client addresses to Smart Events must be sent by email to ventas@smartevents.app, support@smartevents.app or through the chat enabled on the Website.
1. DEFINITIONS
In addition to other terms that are defined throughout these Terms and Conditions of Contract, the following terms will have the meaning indicated below:
"Client" refers to the User who purchases any Ticket through the Website or any other purchasing process enabled by Smart Events. For clarification purposes, in the event that the Ticket is nominative, only the person who makes the purchase will be considered the “Customer”, not the rest of the Ticket holders.
“Ticket (s)” refers to the document that entitles you to enter or access the Event in the event of an “online” Event selected 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 more Promoters, for whose assistance a Ticket can be purchased through the Website through the Purchase Process enabled by Smart Events or another purchase process enabled for this purpose by Smart Events.
“Event Information” refers to the information that appears on the Website related to an Event. For clarification purposes, this information is provided to Smart Events by the Promoter that corresponds in each case, and is being updated by it and is its sole responsibility. In some cases, a link may be provided that redirects to the Promoter's website.
“Purchase Process”, to which we refer in clause 5.
"Promoter (s)" refers to third parties, other than Smart Events, providers of goods and / or services that, by decision of Smart Events, offer their goods and / or services, for sale, through the Website. In particular, they will be considered Promoters for the purposes of these Terms and Conditions of Contract, WK and TOAC.
"Sales Service", to which we refer 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 details of the Promoter, the reservation policy, the delivery policy, the admissions policy and the return and refund policy of said Promoter, as appropriate).
"User (s)" refers to individuals or legal entities considered final consumers for the purposes of article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text for the Defense of Consumers and Users.
2. SMART EVENTS SERVICE
2.1. Smart Events makes available to Users a service for the acquisition, in a quick and simple way, of Tickets for Events (the "Sales Service").
2.2. The number of Tickets made available to 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 popular Event Tickets can quickly sell out. Occasionally, more Tickets may be made available prior to the Event, but Smart Events has no control over such 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 Promoter's Terms and Conditions of Contract could prevent Smart Events from issuing Tickets in replacement of any lost, stolen, damaged or destroyed Tickets. If replacement Tickets are issued, the Client, according to the conditions of each Promoter, may have to pay the corresponding administration costs, of which he would be previously informed. Smart Events assumes no responsibility for any Lost, Stolen, Damaged or Destroyed Tickets.
2.4. Any 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 Client's responsibility to keep and keep their Ticket in good condition, as well as to carry out the appropriate actions, if necessary, to prove its authenticity.
3. WHO CAN CONTRACT
3.1. Only natural or legal persons considered final consumers may be hired, in accordance with Spanish regulations, for the purposes of article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text for the Defense of Consumers and Users-defined as "Users".
3.2. The contracting natural persons must, in any case, be over eighteen (18) years of age. In this sense, the Client declares and guarantees that he is of legal age and exonerates Smart Events from any responsibility derived from the falsification of said manifestation.
3.3. Therefore, any User of legal age from anywhere in the world who has access to the Internet and access to the Website may contract.
4. RELATIONSHIP BETWEEN THE CLIENT AND SMART EVENTS; AND BETWEEN THE CLIENT AND THE PROMOTER
4.1. When the User buys a Ticket through the Sales Service:
1. A contractual relationship is born between the Client and Smart Events subject to these Terms and Conditions of Contract.
2. A contractual relationship is born between the Client and the Promoter of the Event for which the Client has purchased a Ticket, subject to the Promoter's Terms and Conditions, and to which Smart Events is not a part.
4.2. The Sales Service is offered to Users by indication of the Promoters, in particular, as indicated in the definition of “Promoter”, by WK, the Event Information being, therefore, the sole responsibility of the Promoter, without Smart Events is therefore responsible for such information. All the Tickets that are acquired through the Sales Service are offered by Smart Events on behalf of the Promoters, therefore it acts as an intermediary, and Smart Events is not, therefore, responsible for organization, development, celebration or the relative circumstances. to the Event for which the Ticket is purchased. 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 the 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 wish to make a purchase, consult the Contracting Terms and Conditions available on the Website at all times, which will be those that regulate the relationship between Smart Events and the Client.
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 the Event you want to attend on the Website.
2. Once the Event Information has been read, choose the number of Event Tickets 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 enabled for this purpose. The personal data provided in the registration will be processed by Smart Events in the terms of its Data Protection Policy, which must be read and accepted by the User if they 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 cannot buy them without registering.
In the Legal Notice and Conditions of Use you have additional information about the user access area.
For information purposes, it is noted that Smart Events is in charge of the treatment of the Promoter in relation to the purchase of Tickets through the Website, that is, it treats the data of the Clients 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 data requested (postal address and other optional completion data) to continue with the Purchase Process.
In the event that the Tickets are registered, the User who is managing the purchase must provide the information required regarding the owner of each Ticket. The User guarantees that he has informed the corresponding person of the use that will be made of the data provided and that he has obtained his consent to allow the communication and treatment of the data by Smart Events and the Promoter of the event that in each case corresponds in the terms provided in the Smart Events Data Protection Policy.
5. Next, the “Shipping Method” option will appear. In this sense, it is usual to send through the "email" system, however, depending on the Event, the shipping method "Welcome pack home delivery" may also be available. We describe each of them below:
"Electronic Mail", consisting of sending the Tickets by email to the email address that the Client has provided during the registration process on the Website. This shipping is free (with the exception of Internet connection costs, which will be applied by the Internet service provider company at the rate contracted by the User). In the event that the client provides an erroneous email account, Smart Events is not responsible for the improper use that could be made of said entry.
"Welcome pack home delivery", consisting of sending the Tickets by courier to the home address that the Customer has provided in the Purchase Process, together with a welcome pack per Ticket, which will be made up of relative merchandising or relation¬¬ with the Event for which the Client has purchased Tickets. In each case, the products that make up the welcome pack will be described on the Website. The sending of the welcome pack will require the payment of an additional amount to the price of the Ticket, of which the User will be informed at all times and that 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 that only the "Electronic Mail" system will be available.
6. You must enter the information required to proceed with the payment of the selected Tickets. The usual form of payment will be card payment, however, you may be able to pay in cash, bank transfer or other third-party services such as Stripe or PayPal.
In the event that you have selected bank transfer as the means of payment, after confirming the order for Tickets, Smart Events will send the Client 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. After this period, the order cannot be placed and the Tickets will once again be available for purchase through the Website. Notwithstanding the term 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 shorter than said term.
The order will be processed upon receipt of payment by Smart Events.
It is noted that it is possible that the Client must go in person to her bank to make the transfer. This does not depend on Smart Events, but on the terms of the banking entity that the Client has contracted.
In addition to the above, a chat may be enabled on the Website through which Smart Events can be contacted to, among other purposes, purchase 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 method has been selected, if the User wishes to execute the Purchase Process, they must click on the box enabled for this purpose for the purchase confirmation. At that moment, the Client confirms that the payment details entered are correct and truthful and accepts that Smart Events charges the price of the Ticket / s.
The User undertakes and is solely responsible for consulting prior to payment the Promoter's Terms and Conditions, Event Information, the Promoter's data protection policy and these Contracting Terms and Conditions, exonerating Smart Events in this regard. of any responsibility.
. Once the purchase has been formalized, Smart Events will send an email to the Client to the account indicated by him during the registration process, confirming the purchase of the Ticket (s) (the “Purchase Confirmation”) and providing him with information in this regard. and, where appropriate, depending on the payment method, the Tickets.
6. PAYMENT TERMS
6.1. Price
6.1.1. The Sales Service is onerous, with the User having all the information related to the price of each Ticket at all times on the Website.
6.1.2. The price of the Ticket is the one provided at all times in the Event Information, and is set by the Promoter.
6.1.3. At the time of making the purchase of Tickets, the Client will be informed of the total price of the purchase broken down, which will comprise (the "Price"):
The total amount of the selected Tickets, indicating whether or not it includes taxes (if applicable) and
The management costs incurred by Smart Events for the purchase of Tickets through the Website.
Likewise, if they are available on the Website and if they are contracted by the User, the Price may also be made up of the amount corresponding to the sending of the welcome pack and / or the contracting of Event insurance.
6.2. Payment and billing
6.2.1. The payment methods accepted by Smart Events may be: (1) payment by credit / debit card, using a secure server and the latest encryption technology; and (2) payment through authorized points of sale or sellers, payment in cash.
6.2.2. The Client knows and accepts that the use of false or used cards without the consent of their holder will result in the responsibilities that, where appropriate, correspond. The Client will indemnify Smart Events for any damages derived from such falsehood or unauthorized use.
6.2.3. All purchases by card payment are subject to verification of the payment card and other security checks, and the purchase operation may be canceled if it does not pass the verification process established by Smart Events.
6.2.4. The card data will not be accessible to Smart Events at any time, but will be the responsibility of the third-party payment gateway service provider.
6.2.5. In the eventual case of paying the Price by bank transfer, the Customer may be requested to send the proof of payment to Smart Events at the email address ventas@smartevents.app.
6.2.6. By accepting these Terms and Conditions of Contract, the Client consents that the different invoices issued by Smart Events for the Sales Service are issued and sent in electronic format. The Client who wishes to keep the invoices in printed form on paper, may carry out said conversion of support using the corresponding software option that allows printing on paper, generating the code legally recognized by the corresponding Tax Administration or, failing that, it may be print the invoice, in this case keeping the digital file sent by Smart Events. In case of wanting to receive the invoice related to the purchase of the Tickets, the Client 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 management costs and / or other additional services provided, where appropriate, by Smart Events.
7. EVENT INSURANCE
Smart Events is working to have Events insurance that has favorable terms for the Client. As soon as it is available, the Client will have the option to contract it in the Purchase Process, being previously informed of the terms applicable to it.
8. DURATION OF THE TICKET PURCHASE CONTRACT
8.1. The purchase contract between Smart Events and the Client begins when Smart Events sends the Client the Confirmation of Purchase and ends as soon as the Event for which she has purchased the Ticket ends.
9. UNAUTHORIZED USES AND PROHIBITIONS
9.1. Smart Events may limit the number of Tickets that the same Client can buy for each Event.
9.2. The illegal resale of a Ticket or the attempted illegal resale constitutes sufficient cause for the seizure or cancellation of said Ticket, without the right to a refund or any other type of compensation.
A Ticket may not be used for advertising, promotions, contests or raffles unless the Promoter's written authorization is obtained. However, in the event that such consent is obtained, the Client will be responsible for obtaining the corresponding authorization for the use of trademarks and other industrial and intellectual 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 carries out on the occasion of advertising, promotions, contests or raffles with the Tickets.
10. EXCHANGE AND RETURN POLICY
10.1. Changes or returns of the Tickets will not 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 on consumers and users for the type of property in question.
10.2. The inability to attend an Event or the commission of an error when making the purchase of the Ticket (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 Ticket. 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 give the right to a refund of the Ticket price.
10.4. In the event of any cancellation or change that occurs in an Event, Smart Events agrees to (i) publish it on the Website as soon as the Promoter has informed it, and (ii) send an email to the Client 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, venue, artists, are the exclusive responsibility of the Promoter, so Smart Events, as intermediary of the Tickets You can only and exclusively proceed to cancel the Tickets and, therefore, refund the Price when you receive an 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, travel, accommodation, etc.) damages.
10.6. In the event that the price is returned, it will be reimbursed to the Client by Smart Events in the same payment method 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 their cancellation or modification, whose responsibility falls directly on the Promoter. Any claim about the cancellation of the contracted Event should be addressed to the Promoter presenting the Ticket and any other information or documentation that the Promoter may require at any time.
11. ACCESS TO THE EVENT
11.1. The Client will be able to access the Event by delivering the printed Ticket at the access to the Event venue where they will validate the Ticket or in the event that the event is “online” by accessing it through the enabled access codes. Even if several copies of the Ticket are printed, only the first Ticket presented in the access or the first record made in the event of an "online" event will be considered valid. Therefore, access to the venue or access to an "online" event will not be allowed, in any case, to those who subsequently try to access with the same Ticket or with the same passwords. In the event that the Ticket is registered, the Client must be accompanied by the necessary documentation that sufficiently proves her identity for the Ticket 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. LIABILITY 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, under any circumstances, be responsible for not allowing the Client access to the venue, whatever the reason for refusing access. The Promoter, at all times, has reserved the right of admission.
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. Complaints regarding the organization or quality of the Event should be addressed only to the Promoter.
12.3. Smart Events will be exempt from any responsibility 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 supposes that we have to modify these Terms and Conditions of Contract.
13.2. Every time the Client accesses the Website to enjoy the Sales Service, the Terms and Conditions of Contract in force at that time will apply 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 said modification, stating that these Terms and Conditions of Contract have been modified and the date on which they will come into force .
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 will be governed and interpreted in accordance with common Spanish legislation. In the event that the applicable regulations foresee the possibility of submitting to a forum, Smart Events and the Client, renouncing their own jurisdiction or that which 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.