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| TERMS AND CONDITIONS for ticket purchases on www.ventic.de / www.ventic.com |
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| General terms and conditions for ticketsales on www.ventic.de/www.ventic.com |
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| I. Coverage |
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| For all contracts and orders concerning the placement, provision and supply of tickets in proportion to Smartfox Media the following general terms and conditions exclusively apply. |
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| II. Conclusion and Subject of Contract |
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| 1. The offer for contract conclusion is assumed from the buyer as soon as he clicks onto the field "order". Primary with the transmission of a transaction number via automated email from Smartfox Media to the buyer the contract conclusion between buyer, supplier/seller and Smartfox Media is accomplished. A cancellation of contract through both parties is possible within 24 hours. If the buyer has advanced financing, these payments will be fully refunded in case of cancellation through Smartfox Media. In case the buyer has forwarded cancellation Smartfox Media will calculate a service charge as high as 10% of the order value. Otherwise a cancellation of contract through the buyer is not possible. Even in Germany no Right of Withdrawal exists, as the Distance Selling Act does not apply to services focused on leisure arrangements (§ 312 b Abs. 3 Nr. 6 BGB). |
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| With the booking of tickets the buyer authorises Smartfox Media with the placement of ticket sales between provider/buyer and seller or alternatively with the commission of tickets for the buyer. The delivery of the tickets is part of the assignment. |
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| Contractual commitments concerning the purchase of tickets exclusively accomplish between provider/seller and buyer. This is also of concern, as far as Smartfox Media places their own offers or offers on behalf of the provider; the communication with the particular provider in this case will also be operated by Smartfox Media. |
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| All sales are irrevocable. There is no refund, revocation or substitution for date or time changes, partial performance or loss. |
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| The buyer authorises Smartfox Media, to declare statements for transactions he has initiated with ventic according to the formulated conditions in terms of use as substitute with effect for and against the buyer. For the filing or acceptance of furthermore statements Smartfox Media is neither entitled nor obligated. |
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| Should the provider not be able to deliver the sold or better tickets for the chosen event, then Smartfox Media will step in and obtain equal or better tickets for the chosen event for the buyer. Should this be impossible, then Smartfox Media will compensate the value of 100% of the order to the buyer. |
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| 2. Smartfox Media does not assume liability for the accuracy of data on their web presence. |
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| III. Price Elements and Payment Arrangements |
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| 1. The ticket price invoiced to the buyer results in the chosen selling price (incl. VAT) of the provider as well as an added placing fee of 30% for Smartfox Media. As far as Smartfox Media provides the tickets for a buyer, the selling price is due to the estimated purchase price as well as a variable additional provision charge for Smartfox Media, due to the anticipated effort. A subsequent adjustment of the ticket price, whether higher or lower, is not possible. Please notice, that the ticket price - especially with sold-out events - can be significantly higher than the genuine printed ticket price. |
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| 2. The payment of the ticket price additionally to the service fee and forwarding expenses through the buyer can always be forwarded by credit card (Visa, American Express or MasterCard/EuroCard). According to provider, country, order value and event further methods of payment, such as bank transfer, debit, online-transfer or payment upon receipt of invoice can be offered. The payment will occur on an especially by Smartfox Media originated custodial account for ventic. In each case the price for your chosen tickets, services or other products through the buyer has to occur as advance payment and has to guarantee that Smartfox Media can declare payment receipt within 5 days. |
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| 3. If the buyer cancels an already executed payment or the payment is not forwarded in time, Smartfox Media reserves the right to authorise an external service provider with the recovery of claims. |
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| IV. Shipping |
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| The delivery of the sold tickets will exclusively be carried out through carriers Smartfox Media has chosen. |
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| V. Payment and Trust Service |
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1. Smartfox Media generates for ticket providers and buyers on ventic trust-services for the execution of ventic based contracts. Providers and buyers authorize Smartfox Media with the trusted acceptance and forwarding of the purchase price from the buyer to the provider as follows:
Smartfox Media informs the provider via e-mail about the receipt of the money the buyer had to pay onto a trust account and requests the immediate delivery of the tickets. 72 hours after the carrier has stated to Smartfox Media that the mail has been delivered to the buyer, the seller will receive from Smartfox Media the price minus the provision the seller has to discharge onto his banking account, unless the buyer has informed Smartfox Media until then via ventic about a discrepancy. With the transfer of the trust amount to the seller or the return transfer to the buyer the trust action is ended. For the use of the trust service no extra fee occurs. |
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| 2. Furthermore with orders topping the value of 500 Euro Smartfox Media offers to forward the payment via trust account of a neutral lawyer’s office. Therefore a fee worth 5 % of the order value will be charged. |
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| VI. Delay in Delivery and Wrong Delivery |
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| If the buyer has not received the tickets at latest 5 days before the event, then the buyer immediately has to inform ventic. This does not apply for sales with the agreement of a different time of delivery. A direct obligation to report also occurs, whenever the delivered tickets do not correspond with the order. The buyer is obligated to check the delivered tickets directly with receiving. |
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| All statements have to occur by e-mail or any other written way of contact. For this, please use the contact form on the website. |
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| If the buyer does not or does not within longest 48 h object in case of delayed delivery or false delivery, Smartfox Media is authorized to transfer the trusted payment to the provider. |
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| In case of false delivery and damaged tickets and in cases of well caused doubts concerning authenticity of the received tickets, Smartfox Media reserves the right to freeze the trust value till buyer and seller have agreed. |
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| VII. Release |
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| The buyer is obligated, to keep Smartfox Media free from any charges, damages, losses or demands, that occur due to his registration and/or his participation on the functions available on ventic. |
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| VIII. Data protection and data processing |
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| Smartfox Media will handle individual-related data of the customer in abidance of the data security regulation of this contract. The data (for example name, address, e-mail, telephone number etc.) will be asked, handled and used in the necessary extent for the justification, definition or alteration of the contractual relationship. Smartfox Media is authorised to assign third parties for the execution of this contract, as far as this is absolutely necessary to conduct the closed contract. |
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| IX. Liability limitations and final provisions |
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| Smartfox Media always guarantees unrestricted according to the Product Liability Act, for deliberate or grossly negligent caused damages, for fraudulent concealment of defects as well as damages due to injury of life, body or health. Even the liability for damages due to injury of guarantee is unrestricted. |
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| With violation of essential contractual obligations (so called cardinal obligations), that are due to ordinary negligence, Smartfox Media guarantees constricted to the compensation of foreseeable, typical contractual damages. |
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| Smartfox Media guarantees, apart from cases referred to in paragraph 1 and 2, not for damages, that are caused due to ordinary negligence. |
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| As far as the guarantee of Smartfox Media in afore mentioned paragraphs is excluded or constricted, this does also apply for the liability concerning assignees and assistants. |
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| X. Final provisions |
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| 1. It is essential that exclusively the law of the Netherlands in exclusion of the UN convention on contract for the international sale of goods is executed. |
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| 2. Sole place of execution for delivery, benefit and payment is Roermond. |
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| 3. If the provider is tradesman, legal entity of public law, special property of public law or the provider has his domicile or his habitual residence abroad, the exclusive (even international) court of jurisdiction for all matters directly and indirectly concerning this contractual relationship is Roermond. |
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