STB for fanSALE
The operator of the auction platform fanSALE (hereinafter 'fanSALE') is CTS EVENTIM AG & Co. KGaA, Contrescarpe 75 A, D-28195 Bremen, Germany (hereinafter called "EVENTIM"). The following conditions of use apply in the relationship between the user of fanSALE and EVENTIM, and the user declares him/herself to be in agreement with these on registration with fanSALE.
The purchase and sale of entrance tickets through fanSALE requires successful registration by the user. There is no charge for registration. Only those who are over 18 years of age and are unrestrictedly legally responsible natural persons resident in Germany, as well as as legal entities based in Germany, are entitled to register. There is no entitlement to authorisation to use the fanSALE auction platform.
The user is obliged to provide correct and complete information when registering and not to infringe the rights of third parties. In particular, an infringement of the rights of third parties would be present if personal information or other third party data is used without their permission, e.g. their name, address, account details, credit card details or e-mail address. The user shall be liable in the case of claims being made against EVENTIM by third parties due to the use of such information.
After successful registration, the user shall receive a user name (his/her e-mail address) and shall select a password using a combination of letters, numbers and/or special characters. The password can be changed at any time. The user is obliged to keep his/her access data safe from third parties. Should the personal data of the user change after registration, the user is obliged to correct this in his/her user account.
The user is not entitled to open more than one user account.
The user account cannot be transferred to third parties.
The contract to use fanSALE can be ended at any time by the user, without giving any reason. To do this, you must inform CTS EVENTIM AG & Co. KGaA, Contrescarpe 75 A, D-28195 Bremen, Germany in writing, or send an e-mail to fanSALE. The user's data will then be deleted immediately, or blocked if it cannot be deleted due to legal, statutory or contractual retention periods.
The termination of the contract of use with EVENTIM shall have no effect on contracts made with third parties.
2. Objects of the auction
Only entrance tickets for concerts, theatrical, sporting and other events at home and abroad may be offered and purchased on fanSALE. Entrance tickets for events that are illegal or immoral may not be offered on fanSALE. Entrance tickets for events with a humanitarian purpose may only be offered on fanSALE as a fixed price offer; the fixed price may not exceed any price printed on the ticket. EVENTIM is entitled to delete unauthorised offers.
The seller has the choice of offering an auction item on fanSALE as either a fixed price offer or in an online auction. On listing an offer on fanSALE, the seller affirms that he/she is entitled to sell the listed entrance tickets and to transfer them to the buyer.
If the tickets intended for sale were originally issued through the CTS-EVENTIM system, the seller has the opportunity to have them checked online (eventim.ticketcheck) by entering the barcode numbers in the relevant fanSALE form. In this case, the barcodes for each offered ticket must be entered separately. If the barcode check verifies that according to the barcode the ticket was one created by the CTS-EVENTIM system, the user can list the offer and it will be identified using an appropriate icon as an offer checked by eventim.ticketcheck. If the check shows that the barcode entered does not exist in the CTS-EVENTIM system, or is invalid, or the relevant ticket was cancelled through the CTS system or the event has already taken place, then the ticket cannot be offered on fanSALE as a checked EVENTIM ticket.
Should justified doubts occur about authenticity after a ticket is listed, then EVENTIM is entitled to delete the offer listed by the seller.
3. Conclusion of a contract between fanSALE users
The offer to conclude a contract is initiated by the seller by listing an entrance ticket on fanSALE at a particular price, checking and confirming his/her entries and thus starting the online auction. It is not possible for seller to change or retract listed offers. If the seller should become aware after listing an offer that it contains a serious error, he/she can apply in writing to EVENTIM at fanSALE to have the offer corrected or deleted, stating the reasons. On listing his/her offer, the seller determines a deadline by which the offer can be accepted by a buyer through the submission of a bid. The deadline must be at least 4 days before the date of the event.
Entering a bid represents a binding acceptance of the offer to conclude a contract at the entered bid price. It is not possible to change or retract submitted bids. The entered bid is deleted automatically if a higher bid is submitted during the term.
A contract for the purchase of listed entrance ticket(s) shall be concluded at the end of the auction term between the seller of the entrance ticket(s) and the person who submitted the highest bid.
The seller can list his/her offer on fanSALE as a 'fixed price item'. The listing of the offer at a fixed price represents a binding offer by the seller to conclude a contract at this price. It is not possible to change or retract listed offers. The offer shall expire if it is not accepted by the deadline set by the seller, but no later than 5 days before the date of the event. If another logged-on user clicks on the button "BUY TICKETS NOW" or "SUBMIT BID", a contract will be concluded with this person.
Contractual relationships regarding the purchase of entrance ticket(s) are concluded exclusively between the respective seller and the person who has submitted the highest bid at the end of the auction term or has accepted the fixed price offer. This also applies if EVENTIM lists offers on the order of customers; communication with the respective seller in this case will be handled by EVENTIM.
The user authorises EVENTIM to make declarations for him/her regarding business transactions arranged by him/her on fanSALE in accordance with the conditions formulated in these conditions of use as an effective proxy for and against the user. EVENTIM is neither entitled not obliged to give or receive any declarations that extend beyond this.
4. General principles
Any type of advertisement and/or self-advertisement on fanSALE, or links to the offer sites of third party Internet offers, are forbidden.
In the case of a contract being concluded through fanSALE, EVENTIM shall inform the respective contractual partners of the data necessary for completing the contract. The user contact data received as a result may only be used for contractual communication and for completing the concluded contract and in particular may not be used for the purposes of advertising.
Pre-contractual communication between the buyer and seller shall take place exclusively through fanSALE. The user has the opportunity of sending the seller a question by e-mail regarding the listed offer by selecting the function 'Send e-mail to seller'. The sending of any form of advertisement, insult or harassment to the user is forbidden.
It is forbidden for the seller to influence an online auction by submitting his/her own bids or bids from appointed third parties, as is the submission of bids through automated data processing procedures (e.g. bid robots).
On registration, commercial sellers are obliged to adhere to all consumer protection regulations, including pre-contractual duties of information.
EVENTIM accepts no liability for the accuracy of data included in the online presence of fanSALE. If the date or time are decisive for transactions, the EVENTIM system time shall apply.
In the case of maintenance work on the fanSALE website and in cases where the fanSALE website is technically or actually not available to users for other reasons, EVENTIM reserves the right to extend the length of online auctions that are ending during the down time by the length of the down time or by another length of time published in advance on fanSALE.
In the case of infringement of these conditions of use, EVENTIM can at its own discretion temporarily or permanently exclude from the use of fanSALE those users involved.
5. Price components, payment methods
There shall be no costs for the user registering to use the fanSALE auction platform or for offering entrance tickets, with the exception of any possible telecommunication charges incurred.
Sellers can offer entrance tickets free of charge. If a contract is concluded through fanSALE between a seller and a buyer, EVENTIM shall charge the seller a commission amounting to 0 % of the purchase price and the buyer a service charge amounting to 10 % of the purchase price.
The buyer must additionally pay delivery and shipping costs of € 6.95.
The price of the respective offers is the offer price including any VAT due. Not included in the stated price are delivery and shipping costs, plus the service fee to be paid by the buyer.
The seller commissions Eventim to receive the payment of the purchase price plus the service fee and delivery costs from the buyer; the buyer can pay these to Eventim using a credit card (Visa, American Express or MasterCard) or another method of payment offered on fanSALE. Payment handling for Visa and MasterCard is carried out through CTS EVENTIM Nederland B.V., Postbus 69507, 1060 CN Amsterdam, Netherlands, a subsidiary of CTS EVENTIM AG & Co. KGaA. Payment shall be made to an operation account specially set up by EVENTIM for fanSALE (see below).
Should the buyer not pay the price of the respective offer including delivery and shipping costs and service fee, or cancel the payment once made by credit card or other payment made, then Eventim is obliged to collect the debt through enforced collection. In this context, Eventim is obliged to remind the buyer, to apply for a summary notice to pay and notice of enforcement for the debt, or to legally assert a claim and, if necessary, execute a legal judgement. The costs of this activity by Eventim shall be borne by the buyer within the scope of legal regulations. The buyer is entitled to forbid Eventim's enforced collection in individual cases; in this case the seller shall pay the delivery and shipping costs and the service fee.
Users are not entitled to circumvent the fee structure of fanSALE and pass on the due costs between them.
The delivery of sold entrance tickets shall take place exclusively through the carrier selected by EVENTIM. Consignments, equipped with a shipping label printed out though fanSALE by the seller, shall be collected from the seller by the carrier and delivered to the buyer. EVENTIM shall be informed by the carrier of the time that the consignment is passed to the carrier, and the time of delivery of the consignment to the buyer.
No advertising of any type, in particular vouchers, business cards, flyers, brochures, catalogues, information about websites or services are to be included in the shipment to the buyer.
7. Payment, escrow service and guarantee of authenticity
EVENTIM provides escrow services for fanSALE users for completing contracts concluded through fanSALE. Sellers and buyers appoint EVENTIM to collect pass on the purchase price from the buyer to the seller as described below:
EVENTIM shall inform the seller by e-mail of the receipt of the sum to be paid by the buyer into the operating account and shall request him/her to start the delivery of the entrance ticket(s) through fanSALE. Forty-eight hours after the carrier has confirmed to EVENTIM that the consignment has been passed to the buyer, EVENTIM shall instruct payment to be made to the seller's bank account of the purchase price [minus commission to be paid by the seller - under Point 5 Clause 2, this is 0%], unless the buyer has reported a discrepancy to EVENTIM by this time through fanSALE. The escrow agreement shall end when the purchase price is passed to the seller or returned to the buyer.
There are no fees for the use of the escrow service.
Duties of the buyer
The buyer is obliged to pay the purchase price plus the service fee and delivery and shipping costs into the operating account of EVENTIM. Payment takes place through the charging of the buyer's credit card on concluding the contract.
If the buyer does not receive the purchased entrance tickets within two weeks of confirmation by EVENTIM that the contract is concluded or in good time before the date of the event, he/she is obliged to countermand through EVENTIM the transfer of the amount to the seller. The countermand shall take place on fanSALE by activating the button 'Report discrepancy'. If the buyer does not report the discrepancy, or does not do it in good time, EVENTIM is entitled to pass on the amount to the seller. If the buyer receives the purchased entrance tickets in good time before the event after the discrepancy was rectified, he/she shall be obliged to confirm this on fanSALE by activating the button 'Discrepancy settled' and releasing the payment to the seller.
In the case of incorrect deliveries and damaged entrance tickets and in the case of justified doubts about the validity of the tickets received, the buyer must report these discrepancies immediately on fanSALE by activating the button 'Report discrepancy'. Until an agreement is made between the seller and buyer and this is unanimously reported to EVENTIM by the buyer and the seller, or the presentation of a legally binding decision is obtained between the buyer and the seller, the payment to the seller shall remain suspended. In this case, the buyer also has the opportunity to release the payment to the seller by activating the 'Discrepancy settled' button on fanSALE.
Duties of the seller
The seller is obliged to start the delivery of the sold entrance tickets immediately when requested to do so by EVENTIM through fanSALE. If EVENTIM does not receive confirmation by the carrier of the delivery of the consignment to the buyer within 14 days of the seller being requested to start the shipment of the entrance tickets or in good time before the date of the event, EVENTIM shall pay back the buyer the amount paid into the operating account by the buyer.
If the buyer countermands the transfer of the payment to the seller, the seller, if he/she wants to prevent this repayment to the buyer, must immediately countermand this repayment, and within two weeks of being informed of this by EVENTIM at the latest, by writing to fanSALE. If the seller does not countermand this, or if his countermand is not made in time, EVENTIM must pay the buyer the amount that the buyer paid into the operating account.
Guarantee of authenticity
If a seller's EVENTIM ticket successfully undergoes a barcode check and is offered on fanSALE identified as an eventim.ticketcheck checked ticket, EVENTIM gives the buyer of this ticket a guarantee of authenticity as follows:
If the authenticity of the ticket is queried when attending an event and the promoter or his/her authorised representative confirms in writing to the buyer that the buyer was denied admission to the event due to the inauthenticity of the presented EVENTIM ticket, EVENTIM shall reimburse to the buyer the purchase price of the ticket, including shipping costs and fees, on receipt of the ticket and the relevant promoter documentation. However, this may only occur for a maximum of 2 events per calendar year and to a total sum of € 250.00 per member and calendar year. No other costs will be refunded in association with the failed visit to the event, such as replacement tickets, travel or hotel costs.
If time permits, EVENTIM can alternatively choose to provide the buyer with replacement original tickets for the same or higher category to attend the event.
The user is obliged to indemnify EVENTIM against any type of action, damages, loss or demands that may arise through his/her registration and/or participation in the functions provided on fanSALE.
9. Limitation on liability
EVENTIM is unrestrictedly liable in all cases in accordance with the Product Liability Act for damages caused intentionally or through gross negligence, in the case of malicious concealment of defects, and for damages resulting from injury to life or health and physical injury. Liability for damages from breach of warranty is unlimited.
In the case of a breach of significant contractual obligations (so-called cardinal obligations) that are only based on simple negligence, EVENTIM shall be liable limited to compensation for foreseeable losses typical for this type of contract.
Apart from the cases stated in paragraphs 1 and 2, EVENTIM shall not be liable for losses caused by simple negligence.
If the liability of EVENTIM is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.
The law of the Federal Republic of Germany applies exclusively.
The sole place of fulfilment for delivery, performance and payment is Bremen if the user is an entrepreneur in the sense of § 14 German Civil Code.
If the user is a merchant, then the exclusive (and international) court of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Bremen. In the case of cross-border contracts, this also applies for non-merchants. EVENTIM also reserves the right to call on any other court of law.
As at: 15.11.2013