General Terms of Use and Hiring

0.OWNER OF THE WEBSITE

The owner of the Website www.fans-tickets.com (hereinafter referred to as the “Website”) is Sport Dock, S.L. (hereinafter referred to as “Fanstickets”).

Contact information:

- SPORT DOCK, S.L.
- Spanish Company Number: B-87065652
- Registered office: Calle Bravo Murillo 33, Bajo C, Madrid. Spain.
- E-mail: info@fans-tickets.com
- Registered on the Land Registry of Madrid, Volume 32647, Book 0, Sheet 146, Section 8, Page M 587669.

 

1.PURPOSE

The purpose of the Website is to offer its Users an intermediation service (hereinafter referred to as the “Service”) for supplying and purchasing all kind of objects and documents, as well as any other item related to sports, shows or the arts (hereinafter referred to as “Items”) between fans.

The User agrees to make a diligent use of the content and the services available on the Website in accordance with good customs, the law in force and these General Terms of Use.

The User or visitor agrees to be of full legal age, to be the rightful owner of the Items posted, and to have enough capacity to accept, read and understand these General Terms of Use.

These General Terms of Use can be modified without prior notice. Once these modifications are done, they shall be notified to the registered Users, who will be able to delete their account within two weeks from that time in case they do not accept the new conditions.

The use of the Website entails the full acceptance of these General Terms of Use.

 

2.OPERATION AND LIABILITY IN TRASACTIONS

Users can post, purchase and sell Items to other Users through the Website as long as they comply with the specific conditions each User sets for any particular case. Fanstickets shall act as mediator of the transaction to supervise its correct execution. Also, Fanstickets shall provide information to the Users about the status of the transaction, while always remaining on the sidelines of any contract obligations the Users reciprocally assume.

The User shall accept the specific conditions of each transaction in every single one of them.

These conditions shall refer to:

- Price and payment method.
- Delivery and/or collection times.
- Form of delivery and/or collection.

 

2.1. USERS REGISTRATION

Para poder disfrutar de las funcionalidades del Servicio, el Usuario deberá dar de alta una cuenta en el Sitio Web. Este alta implica la aceptación por parte del Usuario de las presentes Condiciones de Uso, así como la asunción de las siguientes obligaciones específicas:

- Do not use the Website in any way it might prevent, harm or deteriorate its proper functioning, as well as any Items or rights of Fanstickets, its users or any third party.

- Provide updated, precise and legitimate information upon request and let Fanstickets know about any modification of personal data in the Website’s section “My Account.

- Thoroughly save the username and password for logging into the Service. Change the password after the first time logging in and do not pass it on or allow any third party to use it. The User shall be responsible for the legal damages resulting from the inappropriate use of both username and password.

- Do not use the Website to sell any Item considered obscene, xenophobic, or that incites ethnic, gender, ideological or religious-based violence or discrimination. Do not sell any Item that in any way infringes upon morality, public order, fundamental rights, honor, privacy, image of others and, as a matter of fact, that is contrary to any current Spanish or International Law.

- Do not use the Website to install, store or spread any software, data or code that can harm or modify any service, system or network from Fanstickets, its Users and any third party, as well as prevent them from working properly.

- Do not use the resources Fanstickets provides for unauthorized or illegal purposes, particularly to destroy, disable, damage, transform, distribute or access any software, data, information or electronic document without written permission from its owner, i.e. any file from Fanstickets, its Users or any third party.

 

2.2. POSTING AND SELLING ITEMS

The Seller declares to be the rightful owner of the posted Item, along with its licenses, and undertakes the cession of ownership when this Item is accepted by a Buyer. This cession shall be done in accordance with the specific conditions of each ad. This process represents a private negotiation between both Users, so Fanstickets shall be held harmless against any responsibility over the transactions done using the Service.

Therefore, Fanstickets shall not be considered as Seller or owner of the posted items. Fanstickets will ensure that transactions are agreed upon between both parties by setting a proper control and security mechanisms to guarantee the achievement of this purpose. Fanstickets is not a partner nor a contributor of any team, league or event organizer and is not owned by any of them. The information about them on the Website is merely used to inform its users of their specific features.

 

2.3. ITEM DETAILS AND POSTING PROCESS

Once registered, any User who wishes to offer an Item has to post it on the Website and give detailed information about every feature among the options that are presented on the Website. These options allow to identify and associate the Item easily and correctly in such a way that it is not misleading for Users and it does not require any technical or special knowledge of any kind to associate the ad with the Item it refers to.

By posting an ad on the Website, the User grants Fanstickets the non-exclusive right to publish and promote it and undertakes the transfer and delivery of this Item according to the specific stipulated conditions. Equally, when the Buyer decides to purchase an Item, the process involves the payment of a fee set by Fanstickets for providing intermediation services. The seller shall be compelled to pay the corresponding stipulated compensation in favor to Fanstickets in case of breach of obligations, without prejudice to damages that might follow.

It is the Seller’s obligation to show on the Website the exact date in which the Items posted will be physically available. This date has to be specified by the time the Item is posted or later if it is done through the private access section “My account/My ads” (or in any other section provided by Fanstickets for that purpose at a specific time).

The Seller shall be responsible for specifying a wrong date of receipt along with the consequences this might have.

 

2.4. TIME FRAME FOR POSTING ADS

Generally, the validity of an ad is determined by the validity or expiration date of the posted Item, as well as by the goods or rights they give access to. If an Item has a use and enjoyment expiration date, such as the celebration of an event, its validity date shall be up to 3 days before such celebration, and 4 or 5 if the event takes place during the weekend.

After this deadline, the ad shall be automatically deleted from the Website. The ads that are not subject to an expiration date can remain posted until the User decides so.

In some cases, “Last minute” sales can be requested to Fanstickets. In these ads, the 3-day time frame (4 or 5-day if the event takes place during the weekend) can be reduced according to the specific sale terms the Seller provides.

At any time, ad validity dates can vary according to the specific circumstances or events about an Item. These changes go beyond the Service provided by Fanstickets. In this case, validity, delivery and payment deadlines shall be specified on the special sale terms.

 

2.5. COST OF POSTING SERVICE

Posting ads is free. Fanstickets shall not claim the Seller any payment for providing the Service, not even when the posted Item is transferred or sold. This shall be done without prejudice to the corresponding compensation in case the Seller cancels the sale, which shall be determined on section “Seller’s withdrawal” of this document. Fanstickets shall set the retail price of each Item, which might not be the same as the price the Seller has set for that specific Item.

However, the acceptance of an ad entails certain costs for the Buyer:

- The net amount the Seller wishes to obtain from the transaction shall have a specific rate applied to it. This rate represents the fee charged by Fanstickets for providing a Service and it can be checked on section “Help/About Fanstickets/Fees.

- The resulting amount will be charged with the applicable Value-added tax (VAT) in the moment of the transaction.

- The final cost of the Service shall be the result of adding both previous concepts. The Buyer will be able to see this information when checking an Item on the Website, and it shall be either included on the “final price” column, by each price or over the price column.

 

2.6. SELLER’S WARRANTY

When an Item is posted, the Seller has to provide Fanstickets a valid credit or debit card number with an expiration date no later than the expiration date of the Item (if it has), and no later than the Item last date of use and enjoyment. This card represents a guarantee of the accuracy and integrity of the Items’ information posted on the Website, as well as in case of breach of obligations when delivering the Buyer the purchased Items on time and in good conditions once the Seller’s offer is accepted.

By giving Fanstickets this information, the User deliberately authorizes Fanstickets to charge the specific amount resulting from breaching a transaction in accordance with these General Terms of Use.

Additionally, the Seller authorizes Fanstickets to charge 1 Euro or less on the card provided as a sale guarantee in order to check if the card is operational and if it belongs to the Seller. This charge shall be automatically returned to the Seller once the credit or debit card has proved to be operational.

 

2.7. SETTING THE PRICE OF THE ITEM BY THE SELLER

The Seller, in accordance with these General Terms of Use, shall include the price of the transaction on the registration form available on the Website when posting an Item.

Setting a price for the transaction is the Seller’s exclusive responsibility, and Fanstickets has nothing to do with it. However, Fanstickets recommends the Sellers not to surpass the original price or face value of the Items when these are set forth by Law. The final retail price of each Item might not match the price set by the Seller on this Website.

When transactions are subject to taxes, the Seller shall be responsible for identifying them and including them on the final retail price. These assesments are different to the VAT charges for the services provided by Fanstickets to its Users.

The Seller shall be able to modify the selling price of each item at any time until the acceptance of the ad by a Buyer. This modification will be done through a section of the Website intended for this purpose.

 

2.8. ACCEPTANCE OF THE OFFER AND PURCHASE

Once an ad is accepted, the agreement between the Buyer and the Seller undergoes some improvements and it is binding for both in accordance with the previously agreed general and specific sale conditions. From that moment, the Seller is compelled to deliver the Items to the Buyer, and the Buyer is compelled to make the payment fixed for the transaction.

Both parties will have full knowledge of the transaction once Fanstickets:

- Sends an email to the Buyer with the purchase confirmation.

- Sends an email to the Seller informing that the sale is either on hold or confirmed. After this moment, the ad cannot be modified nor removed. The Seller is then compelled to deliver the Item on the due date and in perfect conditions to the Buyer in accordance with these General Terms of Use, in such a way that the Buyer can make effective use of the purchased Items.  

The Buyer shall check the specific terms of use and enjoyment of each Item before its purchase. Fanstickets shall not be responsible for the specific terms of use of each Item, like those used for the celebration of live events. Fanstickets shall not be responsible for the cancellation of an event or a show.

Fanstickets is entitled to unilaterally block or cancel an ad if it endangers the delivery or enjoyment of an Item or if there are doubts about its authenticity.

 

2.9. DUPLICITY AND WITHDRAWAL OF OFFERS 

Fanstickets strongly advices the Seller not to post the same Items on sale in other platform or other way than Fanstickets. In case this situation takes place and the User sells that Item in a different place or platform, the ad has to be withdrawn from the Website immediately. In case the Item is sold in both platforms, and therefore its delivery fails, the application of the penalties detailed in these General Terms shall be carried into effect.

 

2.10. SHIPMENT OF ITEMS

The Buyer is responsible for shipping all Items in their original condition and within the agreed time frame, as stipulated on the specific sale terms. Fanstickets provides its Users with a courier service carried out by a specialized company associated to Fanstickets, and Sellers are compelled to use it. Once the purchase is confirmed, the Seller shall:

- Request the associated courier service to collect the Item. This shall be done within the following 24 hours to the purchase confirmation if this is done before the availability date specified by the Seller when posting the ad, or whithin the following 48 hours to the confirmation in case the purchase is done after the availability date specified on the ad (and only whithin in the following 24 hours if this last situation takes place during the 7 days before the expiration date of the Items or the celebration of the event). For that purpose, the Seller has to go to section “My Account/My Sales”, click on the link “Send tickets” of each sale, and follow all the steps of the shipping guidelines. The failure to fulfill these steps might result in the corresponding penalties.

- Ship the Items marked with the icon “ready to ship” within the next 48 hours after the sale (24 hours if the item is sold within 7 days before its expiration date or the celebration of the event). If 24 hours after those time pass without hearing back from the Seller, Fanstickets shall be entitled to cancel the sale without any compensation for the Seller. In case Fanstickets believes the shipment has not been done properly, the Seller shall be penalized according to section “Penalties for delay in shipment”. Fanstickets is entitled to decide which penalty to apply in each case and if the sale is cancelled or not once the due the shipping deadline for that cases has passed.

- Follow the shipment steps available for each kind of Item trying to properly fill in the identification labels of the package, printing them correctly and detailing the shipment information to the courier. Place the Item inside a suitable envelope or package so it does not get damaged during the trip and check it is securely sealed. The Seller shall keep the shipment receipt and the tracking number just until the moment the Buyer receives the Item.

 

It is absolutely forbidden to deliver the Items personally as well as to directly get in touch with the Buyer through any method other than the one provided by Fanstickets on the Website.

If a Seller does not send the purchased Items within the expected time frame, and in the event that the Buyer does not receive these Items on time for its proper use and enjoyment, Fanstickets has the right to cancel the sale and find alternative items for the Buyer that might be charged to the Seller’s credit or debit card, provided earlier as a sale guarantee.

*Notice: the Seller has the obligation to request and save the delivery note of the sold Items or make sure that the messenger scans the code on the shipping label. This is done to prove that the Seller has acted correctly when facing a possible incident. Otherwise, Fanstickets will not be able to confirm that the package was collected and therefore the Seller shall be seen considered responsible, which involves the payment the corresponding penalties detailed on section “Penalties”.

In case the Seller requests a late collection from the courier, and so the service provided is different from the standard service in order for the Items to be delivered within the established time frame, the extra costs shall be covered by the Seller. Late collection is understood as the one that exceeds the aforementioned times.

The delivery of the Items is subject to the accuracy and veracity of the information provided by the Buyer, and to the Buyer’s availability to receive the shipment. In any case, if Fanstickets has to bear any additional expenses from a third party providing messenger service, or a new shipment with additional costs has to be made due to the Buyer’s mistake, it is the Buyer’s responsibility to pay for these expenses.

Fanstickets reserves the right to ask the Seller to ship the items to an address different from the Buyer if considers that this makes it possible or facilitates the provision of the service. Fanstickets can request the shipment to one of its Collection Points in order to shorten the deadlines and make it possible to deliver the items in time for their use and enjoyment if they expire. Fanstickets can also request the shipment to one of its Collection Points when it have not been able to verify the Buyer identity or have not been able to verify the payment of the items, these must be collected at the Collection Point by the holder of the card used for the purchase in person, which must be identified by showing an identity document and the card used for the purchase. In this case, Fanstickets will notify the Buyer in time and form so that he can meet the necessary requirements.

 

2.11. DIGITAL FORMAT ITEMS

When an Item is uploaded to or sent through the Website electronically (like software, digital or digitalized files, etc.), the Seller undertakes to send or upload it on the Website within 24 hours after receiving the order confirmation email through the agreed method by clicking on “Upload”, “Upload e-ticket”, “Upload items to the system”, or “Upload document to the system”. These links are found on section “My Accounts/My Sales”. Once this time frame is surpassed, Fanstickets shall be entitled to cancel the sale without any compensation for the Seller. In case the Seller does not act correctly or fails to upload or send the Items on time and these are not delivered or they are sent past the deadline and the sale is not cancelled, the Seller shall be penalized as described on section “Penalties”.

In case the Seller uploads or sends an invalid Item of any format by email or creates a parallel reprinted, scanned or photocopied document to the one sold on the Website, the sale shall be cancelled and the pertinent administrative charges will be debited from the card provided as guarantee by the Seller according to section “Penalties”.

 

2.12. SENDING PROMOTIONAL MATERIAL

Fanstickets will provide the Seller the name and address of the Buyer with the only purpose of sending those Items purchased on the Website. The Seller shall not use this information for any other purpose, neither related to the transaction nor independent to it. The Seller agrees not to include any commercial or promotional material of any kind when sending the purchased Items to the Buyer unless Fanstickets has provided or approved it. The only document allowed is a purchase invoice. Including any of material of this kind constitutes a material violation of these General Terms of Use

The Seller shall not contact the Buyer by any means other through Fanstickets, at any time, and whatever the reason might be. Fanstickets has the right to unilaterally apply the convenient penalty in case any of these violations take place. These penalties can go from holding the payment for the Seller without reservations to claiming any other penalty on account of legal damages.

 

2.13. PENALTIES

Fanstickets shall apply penalties to all Sellers who take part in transactions that, due to chargeable causes, are not completed successfully, are done over the deadline or are not done in accordance with these General Terms of Use.

The Seller shall undertake to pay any extra cost originated from the services Fanstickets has to hire in order to deliver the Items in perfect condition and within the time frame, as well as any penalty Fanstickets agrees upon as a compensation for legal damages.

Additionally, Fanstickets has the right to block or cancel any User’s account if the Seller repeatedly fails to fulfill the transaction or suspects that the Seller will not be able to comply with the clauses of these General Terms of Use.

These penalties shall be applied to Sellers in case of:

a)     Delay in shipment. This penalty shall be applied in those cases the Seller sends or uploads the Items to the system (in case they have an digital or electronic format) past the following deadlines:

- The Seller shall send or upload the Items within the following 24/48 hours (depending on each case) after the sale is completed, unless there are specific conditions and unless otherwise stated.
- 24 hours if the sale is done before or during the date the Seller receives the Items.
- 48 hours if the sale is done after the date the Seller receives the Items.
- 24 hours if the sale is done during the 7 days before the expiration date of the Item or the celebration of the event it is related to. 

Without taking into consideration the previous statements, if the Items are sold through the option “Last minute sale”, the Seller shall request the courier service to collect the Items before 6pm on the same day the sale is processed or take the Items to the associated office of the messenger service provided by Fanstickets on that same day before it closes.

If the Items are shipped after these deadlines, the Seller shall be automatically penalized with 30 euro every time there is a late delivery (without taking into consideration if the Items are delivered before its expiration date or within the time frame for its correct use for the event they are related to).

These charges are destined to cover the expenses Fanstickets will have to face to find out the status of the shipment and to respond to the Buyer’s enquiries. The Seller will get back the total value of the sale excepting for the 30 euro penalty for the delay in shipping the Items. If the delay is enough for the Item to expire or it results in the impossibility to enjoy the event it is related to, the Seller shall not receive any payment back. Also, the Seller shall be penalized on account of Unsuccessful Order, and shall have to discharge the pertinent replacement costs, if applicable.

b)     Incorrect items accepted by the Buyer. If the Seller ships an Item that is not exactly the one described on the post, no matter if it can be considered equal or better, and the Buyer accepts it anyway, the Seller, according to Fanstickets, might be penalized for selling incorrect Items. The total amount charged for shipping incorrect Items that have been accepted by the Buyer is 30 euro (destined to cover Fanstickets’ expenses for managing the situation with the Buyer along with legal and reputational damages).

c)   Unsuccessful order due to incorrect items NOT accepted by the Buyer. In case the Buyer does NOT accept the incorrect items, the order will be considered unsuccessful and the Seller shall be penalized as it is detailed further in this section.

An Item shall be considered incorrect in the following cases:

- Items that are different to the ones posted in the ad, when they should be identical (Items posted on the same ad).

- Items that give access to separated seats, locations or sessions when these should be together, consecutive and during the same sessions, as well as Items associated with a number, size or shape that does not match the description.

- Seats that are posted as together or consecutive but whose description does not match with reality, because of the location of the seats and the elements that make it hard to enjoy the show.

- Seats that do not belong to the same category or location than the ones detailed by the Seller; 

- Any “Specific Item” switched to “General Item” or “Generic Item”, and vice versa; 

- Items in which all the information regarding restrictions or conditions in use is not specified on the description; 

When the Seller sends the Buyer an Item that does not correspond with the one the Buyer purchased and the Buyer does not notify Fanstickets about it, Fanstickets shall not be responsible for returning it to the Seller since the Buyer is not compelled to do so. When If Fanstickets tries to return those Items, it is not guaranteed that they will be returned in time for its use. The Seller is responsible for shipping incorrect Items because, in accordance with these General Terms of Use, it is the Seller’s duty to ship all sold items or notify an incidence in case it is not possible do so.

*Warning: In case there is no Item classification, the description of the Items shall be the same as the one used by the manufacturer, creator, developer, activity organizer or event the Item is related to, since this is the way it appears in the format these items have been originally posted. In case Fanstickets sets a specific classification for some Items, the Seller shall sort them according to divisions, categories and locations provided by Fanstickets. All posted items shall show as precisely as possible the organization within those divisions and subdivisions provided by Fanstickets on its plan or photo.

d)    Unsuccessful order (other cases). When the posted Items are not shipped within the time frame, they are not shipped at all or they are shipped but they are in bad condition or cannot be used or enjoyed properly, the order shall be considered Unsuccessful. In these cases, as well as in those detailed in Section 2.13. c), Fanstickets shall look for Items to replace them that are either identical, similar or better than the original. The Buyer has to accept them and the Seller shall be penalized with 50€ plus the final cost of all replacement Items.

In case the Buyer does not accept any replacement Items or it is not possible to ship them for any reason, Fanstickets shall return the total amount of the purchase to the Buyer and the Seller shall be penalized with 50€ for making Fanstickets look for another Item and another 30€ for associated reputational damages. Fanstickets, as a mere intermediary, will not therefore be liable to the Buyer, nor will the latter be able to demand damages for the cancellation of an order due to a fault attributable to the Seller. 

The penalties set by Fanstickets shall be carried into effect through monetary payment. These penalties shall be withdrawn from the payment method provided by the Seller as a sale guarantee or from the payments owed to the Seller. Any form of administrative charges shall be carried into effect in case the Seller fails to fulfill in any of the aforementioned forms. Fanstickets assumes that the withdrawal caused by a monetary penalty is notified by accepting these General Terms of Use during the registration process.

 

2.14. SALES PAYMENTS

Fanstickets shall pay the Seller the agreed amount for all successful completed transactions through the payment method chosen by the Seller when posting the ad.

The total amount Fanstickets shall pay the Seller is the one determined when posting the ad in accordance with section “2.7. Determining the price of the Item by the Seller.”

Deadline and terms of sales payments. Usually, Fanstickets shall pay the amount due for valid transactions done through the Website using the method chosen by the Seller when posting the ad within the following time frame:

Fanstickets shall pay according to a date of reference that in some cases will be the day the Item is used (when delivered Items have an expiration or using date) and in some others, the day the Item is delivered and properly received (when the Item does not have an expiration date).

Therefore:

- In sales that have a delivery or reference date between the 1st and the 15th day of each month (both of them included), a payment order shall be made on the 20th, so the payment will be done on the following 2 to 3 days depending on the selected payment method.

- In sales that have a delivery or reference date between the 16th and the last day of the month (both of them included), a payment order shall be made on the 5th day of the following month, so the payment shall be done on the following 2 to 3 days depending on the selected payment method.

 

3.PURCHASE OF ITEMS TERMS

3.1. COMMITMENT WHEN ACCEPTING AN OFFER

To purchase any Item posted on the Website, these General Terms of Use and the Specific Terms of purchase, shipping and enjoyment of an Item have to be expressly accepted.

The price referred to as final price of an ad includes the following concepts: the price set by the Seller, the cost of the Service provided by Fanstickets, the amount the bank charges for the payment method used by the Seller (if any) and all shipping costs from the transportation service (if any).

 

3.2. FANSTICKET’S LIABILITY

Any ad posted on the Website shall be binding only upon the Seller. Fanstickstes is a mere intermediary so it shall assume no liability or guarantee over the Items or the possible modifications or cancellations that may arise regarding the features of an Item or its use and enjoyment (condition, manufacturer’s or organizer's warranty, repair, etc,...). Fanstickets will not be held responsible for the conditions of an event, nor the conditions of access to the stadium, pavilion or enclosure, neither any cancellation, suspension or change that may occur in place, time, line-up or otherwise.

To the greatest extent, in case the Seller does not provide all the information needed, Fanstickets shall try to let the Buyer know about all the particularities that affect each Item.

All sales are final. Fanstickets shall not return any amount payed by the Buyer under any circumstance. The Buyer shall address the Seller, the manufacturer or the organizer of the activity or event, except in those cases described on section “Unsuccessful orders. (Section 2.13)”

By accepting an offer, the Buyer accepts the provision of a service by Fanstickets and also authorizes Fanstickets to collect the total amount of the transaction, including the current applicable Value-added Tax (VAT) rates, from the payment method provided for that purpose.

 

3.3. PURCHASE CONFIRMATION

Once the purchase is confirmed (by entirely accepting the purchasing process), Fanstickets shall send a confirmation email including the information of the completed transaction to the address provided by the Buyer.

If the Seller does not deliver the Item in compliance with the posted terms, section 2.13 shall be applied and the Seller shall refund the Buyer the total cost of the Items using the same payment method as the one used for the purchase. The Buyer may agree with the Seller to accept another Item of similar or better quality and, by doing so, balance out the value of the new Items with those payed during the purchasing process.

 

3.4. DELIVERY CONFIRMATION

Unless otherwise noted by the Buyer on the form “Contact of users”, available for that purpose on the Website, or through the link “Contact us” that appears on each specific transaction on section “My Account/My Purchases”, it is understood that the Item has been properly delivered within the time frame and in good condition, and so the corresponding amount shall be payed to the Seller.

 

3.5. NOTIFICATION OF DEFECTIVE AND INVALID ITEMS

If, on the contrary, the Buyer receives Items from the Seller that:

- do not correspond with the Items described in the post, or
- are not valid because they have expired or they are defective and cannot be used properly, or
- are not in good condition for use, or
- are not received within the time frame for its use (in case they have an expiration date),

The Buyer will have 48 hours after receiving the Items (in case those can be used for multiple purposes), or up to 48 hours after their expiration date (in case the Items have one and, therefore, can be used just once) to notify Fanstickets about the incident regardless of the use the Buyer has made of these Items.

This notification can be done through:

        - Section “My Account/My Purchases” by clicking on the link “Contact us.",
        - The form “Contact us” (login required), available on the footer section of the Website.
 

When using the form, the Buyer shall choose “Purchase” or “Incidence” on the “Subject Heading” pull-down menu.

When this process is not done within the time frame, Fanstickets understands that the Buyer accepts the delivered Items and waives the right to lodge a complaint about it, so Fanstickets will not deal with any complaints after the deadline.

If the Buyer lodges a complaint or notifies an incidence within the aforementioned time frame, and using the previous mechanisms provided for that purpose, Fanstickets shall undertake the necessary measures to solve those incidences and problems between the Buyer and the Seller, on the condition that these are within its reach. For that purpose, the Buyer undertakes to provide all the information possible to claim a refund. If the Buyer is not fully satisfied with the solution provided by Fanstickets, the proceedings shall continue in a different course outside Fanstickets.

 

3.6. ANTI-FRAUD CONTROL

Fanstickets has the right to implement any appropriate measure for detecting possible frauds. Fanstickets will be able to cancel a purchase during the next 3 working days from the time the transaction is done if it believes, using its own data, that the purchase does not fulfill the necessary requirements or is not presented with the minimum required documents or accreditation for it to take place safely.

Fanstickets reserves the right to deliver the items at one of its collection points when it has not been able to verify the identity of the Buyer or has not been able to verify the payment of the items, having these to be delivered necessarily at the collection point in person the holder of the card with which the purchase was made, which must be identified by showing an identity document and the card used for the purchase.

 

3.7. CANCELLATION OF A TRANSACTION

If a transaction is cancelled due to any reason attributed to the Seller or the Buyer (which can be considered as “Unsuccessful Order”), Fanstickets undertakes to always provide the information of the Seller or the Buyer that committed the irregularity as long as the law allows it and its provision is in accordance with it.

Fanstickets shall solve all conflicts that may arise from providing a Service through the Website by virtue of these General Terms of Use. In cases where Fanstickets is not able to identify the person responsible of the two parties, the operation shall be cancelled and there shall be no obligation besides the refund of the amount the Buyer already payed and the request to return the delivered Items, voiding the transaction that originated the conflict.

 

3.8 WITHDRAWAL

In accordance with the applicable Spanish law regarding Consumer Protection, the Buyer may cancel a transaction within the next fourteen (14) calendar days after the purchase. This right can be exercised by sending an email to info@fans-tickets.com within the time frame, typing the word “Withdrawal” on the subject box and giving all identification information of the User, as well as the information of the cancelled transaction with the purchase reference on the text box.

The service provided by Fanstickets is executed when the transaction is done, and therefore it cannot be cancelled. This means that the refund shall be done on the retail price of the Item once the amount that refers to the Service provided by Fanstickets and specified on sectionHelp/About Fanstickets/Fees is withdrawn from it.

If the right to withdraw is exercised, Fanstickets shall refund the User the total amount of the payment except for the Service fee, the shipping cost and the bank transfer fee. In that case, the Items shall be returned either to Fanstickets or the Seller as noted, in the same condition as they were sold, to the detailed postal address and always within the next 14 calendar days after the cancellation is notified. Fanstickets may withhold any refund if necessary until the Item is returned and its condition is verified. The shipping costs for returning the Item shall be covered by the Buyer.

According to the governing law, the right to withdraw shall not be applicable in the following cases:

- When the service is fully provided and executed. This includes the Service provided by Fanstickets as well as the Items whose date of use and enjoyment has passed. Also, all those Items that have expire.
- When the legal timeframe to exercise this right (14 days) is over.
- When Items are highly perishable or have a specific “best before” date that does not allow to post them again in the same condition.
- When the seal is removed, if the Item was indeed sealed.
- When the Item is customized according to the Buyer’s indications.
- When the price of an Item varies depending on market fluctuations that cannot be controlled by the Seller or the Buyer.

 

Additionally, Fanstickets shall not allow the right to withdraw when:

- The holder of the card used to make the payment refuses delivery of the Items.
- A person other than the holder of the card used to make the payment receives or collects the Items.

In any case, the holder of the card used for the purchase deliberately refuses the chargeback of the Items purchased on the Website

 

4.LIABILITIES AND OBLIGATIONS OF THE USERS

Users are fully responsible for the proper use of the Website and the Service in accordance with the applicable law, these General Terms of Use and the Specific Terms of Use, as well as with morality, public order and decent behavior.

With this in mind, the User shall avoid to use the Service for a purpose or intention that might result harmful to third parties’ interests and rights, or that in any way can affect the normal use of the Service, its electronic equipment or the documents, files and contents that belong to Fanstickets, other Users or any Internet User (hardware and software) stored in it (hacking).

The User is responsible for the contents shared on the Website, always making sure that the holder has provided the necessary licenses for posting them.

The Website does not allow the Users to share hyperlinks to other Website or email address. All contact shall be done using the tools provided by the Website.

Fanstickets has the right to delete any account of the Website if its user does not comply with these General Terms of Use. In that case, the User is compelled to complete all pending transactions before the account is closed. Fanstickets has the right to cancel any of the User’s sales when the account is closed. Fanstickets shall settle all pending payments with the Seller after the Seller has paid all possible applicable penalties when shutting down the account.

 

5.INTELLECTUAL AND INDUSTRIAL OWNERSHIP

All trade marks, trade names and distinctive signs shown on the Website remain property of Fanstickets or third parties, so the use or access to the Website and/or the Service does not mean that the User has any right over them. Equally, its contents are intellectual property of Fanstickets or third parties, so they can never be transferred to a User.

Also, as it is noticed on these General Terms of Use, any of the current rights related to use or that might exist over the contents that go beyond the strictly necessary for the correct use of the Website and the Service can never be transferred to a User.

 

6.GUARANTEES AND LIABILITIES REGARDING THE FUNCTIONING OF THE WEBSITE AND/OR THE SERVICE

All transactions done through the Website shall be done using Secure Socket Layer (SSL), as well as other safety measures. Any payment or charge on the Users are processed through financial intermediaries ensuring total safety and confidentiality. Also, Fanstickets includes on its Website a digital certificate provided by the internet service provider THAWTE, which allows the safe provision of the Service.

Fanstickets shall provide the necessary tools for the User to ensure that the contents and services included on the Website are accurate and updated. However, The Users shall be responsible for the content and details of their own posts.

Also, Fanstickets shall provide the necessary technical measures to guarantee the correct functioning of the Service but it shall not be held responsible for interruptions or failures that may occur due to non-attributable causes. Fanstickets has the right to immediately cancel the provision of the Service and to withdraw any content considered inappropriate or illegal, if applicable, whenever it believes so, whenever it is requested by an affected third party or by the competent authorities. This suspension shall not result in any kind of compensation.

Fanstickets shall not take responsibility for any link of the Website that allows the access to a service provided by a third party, as long as they are outside the Website. Therefore, Fanstickets shall not be held responsible for the information included on these links, nor for any consequence this information may have. Additionally, Fanstickets has the right to unilaterally withdraw without prior notice any link posted on the Website.

The User expressly renounces to claim Fanstickets any responsibility for any profit loss or particular damage resulting from the provision of the Service.

By no means shall Fanstickets be responsible for any additional cost if a User purchases Items from third parties that are not available on the Website.

Fanstickets has the right to deduct or withhold any amount owed from a pending payment. Fanstickets has the right to combine different amounts from different accounts if there are evidences that one User is the holder of all of them.

 

7.LOGISTICS SERVICE FOR SHIPPING AND DELIVERING ITEMS

In order to facilitate all transactions, part of the Service provided by Fanstickets is to make available for the Users a shipping and delivery service, which shall be provided on the Website by Fanstickets when transactions are confirmed.

Fanstickets shall provide this Service through a third party logistics provider, who will be in charge of courier service and transportation. This provider shall be the only one admitted for providing the Service and for carrying out all shipments of Items from all Users. In case an alternative method is used, each User shall be responsible for the possible consequences these actions might have.

In those cases the logistics provider company is incapable to deliver a shipment for the Buyer personally, this may be sent to the courier company’s closest office or to any delivery point associated with the aforementioned logistics provider company, where it shall be available for the User to collect for a certain period of time.

In case it is impossible to deliver the shipment after three unsuccessful attempts, it will be returned to the Seller. If this situation takes place, the messenger shall notify this situation to the shipping address. If the shipment is not accepted or collected (as it is previously stated), the Buyer shall be responsible for not using the purchased Items, and so this shall be on the Buyer’s own account.

Therefore, Fanstickets and the Seller shall not be responsible for the damages caused or the purchase the Buyer did not obtain if the shipment or the delivery fail because:

- the address available is incorrect,
- the person responsible for collecting the shipment in the address provided is not there, even if the delivery date was already confirmed,
- the Buyer does not accept to collect the shipment,
- the Buyer does not provide the logistics company a new delivery date once the shipment has been returned to the shipping center or the Delivery point after three unsuccessful attempts.
- the Buyer does not go to the Delivery point provided by Fanstickets to collect the shipment.

 

8.PRIVACY POLICY AND PERSONAL DATA PROTECTION

Section “My account”/“Personal data” is available for all Users who wish enter their personal information. All personal data provided on the Website is included on the file “Users of the Website”, registered on the General registry of the Spanish Agency for data protection and whose holder is Fanstickets. The goal of treating personal data is to manage Website Users, visitors and authorized access. Fanstickets claims to have adopted pertinent technical and organization measures to ensure the legally required safety.

All Users whose information is registered may exercise the rights of access, correction, cancellation or opposition writing a free email to Fanstickets to the address info@fans-tickets.com or through the postal service to the address provided on Section 0.

Additionally, Users who wish to be registered shall accept the privacy policy and the General Terms of Use of the Website using the checkbox provided for that purpose. If the User is interested on occasionally receiving the newsletter via email, the corresponding checkbox has to be selected.

The User accepts that Fanstickets is entitled to provide Personal data to the Corporate Group, whatever the address may be if the purpose of this provision meets the ones from last paragraph. Anyhow, Fanstickets guarantees to keep confidentiality and safe treatment of Personal Data during the provision of this information. The use of Personal data by the Fanstickets Corporate Group shall be limited to the contents of this document.

Fanstickets does not have access to any payment information provided by the User. This information is directly notified to the professional in charge of managing the User’s payments and it is done outside Fanstickets. Therefore, any complaint about this process shall be notified to the person in charge of the payment.

At any time, Users are free to delete their account by notifying Fanstickets through the email address info@fans-tickets.com. Also, the User is free to request the cancellation of the subscription to any commercial communication using the link provided for that purpose in every email sent by Fanstickets or through section “My Account/Personal data”.

 

9.COOKIE POLICY

This Website uses first-party and third-party cookies when browsing it. Cookies are files created by the User’s browser (in each computer and as an unknown user) and they are only linked to it in order to register the User’s activity on the Website, allowing a more comfortable and personalized navigation.

The cookies used on this Website are:

test-cookie: it is necessary for the Cookies’ policy acceptance message to appear.

_ga: associated with Google Analytics.

_dc_gtm: associated with the analysis of Google Analytics.

hexadecimal number: necessary to connect to the design platform of the Website.

cookie_ue: needed to store User information about accepting this Cookie Policy.

id: needed to track the User once this Cookie Policy is accepted.

The User accepts the use of cookies by the Website, which allow to collect statistical data and make the connection much easier. Users can easily set up their browser for free in order to receive a notification on the screen when cookies are received, to stop them from downloading or to delete them from the hardware.

 

10.TERM OF AGREEMENT AND TERMINATION

Initially, the provision of the Service by the Website has an indefinite duration. Fanstickets has the right to suspend or terminate the provision of the Service at any time prior notice.

 

11.APPLICABLE LAW AND COMPETENT JURISDITION

These General Terms of Use governed by and construed in accordance with the Spanish Law. Therefore, the language used for writing and interpreting these General Terms of Use shall be Spanish, and it is in Spanish where they shall remain available through the Website on the internet, since they shall not be filed individually for each User.

Whenever the User is not a “consumer” or a “user” as it is defined on the Spanish law, and if there is not a law that proves otherwise, all parties agree to obey the Courts and Tribunals of the city of Madrid, being this location the place where the agreement is entered into, expressly renouncing any jurisdiction to which they may have recourse.