1. In general
1.1. Definitions. As a rule, terms starting with an upper-case letter convey the meaning attributed to them in Art. 1 of the general terms and conditions or otherwise in these terms and conditions.
1.2. Relationship with the general terms and conditions. These terms and conditions for buying and selling Tickets apply in addition to the general terms and conditions and other documents included in the Contractual Documentation. Should there be a divergence between the general terms and conditions and these terms and conditions, the latter shall take precedence.
2. Purpose
2.1. Smeetz offers the possibility for Organizers to make Tickets available or for sale for activities and/or events that they propose (by using the Smeetz for Business software) and for other Users to book or purchase these Tickets on the Sales Channels.
2.2. The purpose of these terms and conditions is to govern the relationship between the Buyer, the Seller and Smeetz when offering for sale or purchasing Tickets through the Sales Channels or from an external site using the Ticket sales platform (as provided in art. 2.3 of the general terms and conditions).
2.3. The sale of Tickets by the Organizers, through the Sales Channels, is governed by the terms and conditions of said Sales Channels and the Seller's terms and conditions exclusively.
3. Contractual relationship
3.1. Smeetz allows to enter into a sales contract directly (as defined in Art. 4.1) between the Buyer and Seller: Smeetz only acts as an intermediary (Seller's agent) and/or IT service provider to the Seller (Article 2.3 of the general terms and conditions).
4. Sales contract – general terms
4.1. Sales Contract is understood to mean the contract between the Buyer and the Seller whereby the Seller sells a Ticket to the Buyer for payment of a certain price.
4.2. Buyer and Seller are required to comply with the Contractual Documentation and in particular the provisions of our privacy policy.
4.3. The Seller may add any general terms and conditions of sale applicable to the Buyers (as provided in Art. 7) in addition to the Contractual Documentation.
4.4. The Organizers may make Tickets available to the Users free of charge for the purpose of managing attendance only. The present conditions applicable to the sale of Tickets are applicable mutatis mutandis in such a case.
5. Sales Contract – Conclusion
5.1. If an “automatic sales” offer is made. If a Seller proposes an event or activity for a given price (the "Proposal") and indicates that the sale is automatic, then the Proposal constitutes an offer (the "Seller's Bid"). The Sales Contract is concluded upon acceptance of the Seller's Bid by the Buyer – i.e. When the Buyer confirms his/her order.
5.2. If a “request for confirmation” proposal is made. If the Proposal is accompanied by the wording "availability to be confirmed by Seller", then this constitutes a Bid submission. By confirming his/her order on the Platform, the User thereby submits a bid to the Seller (the "Buyer Bid"). The Sales Contract is concluded as soon as the Seller accepts the Buyer’s Bid, i.e. when the Seller confirms its availability to the Buyer via the dedicated button on the Platform.
5.3. The data recorded by Smeetz constitutes proof of submitting the bid, the offer and/or the acceptance to sell, respectively to buy a Ticket.
6. Sales contract – required information
6.1. In order to offer a Ticket for sale, the Organizer must be registered on Smeetz for Business. If the Organizer does not yet have a user account, the Organizer will be asked to register, to accept the Contractual Documentation, in particular the terms and conditions for the use of Smeetz for Business software, and to indicate his terms and conditions of sale (as provided in art. 7) before he can offer Tickets for sale.
6.2. Information about the Seller is displayed on the page of the Platform and/or Other Sales Channels dedicated to the Seller or on the page dedicated to the activity or event offered by the Seller.
6.3. Subject to art. 6.4 below, in order to pay the amounts collected by Smeetz to the Seller (as provided for in art. 12), the Seller will have to provide Smeetz with his bank details. This data will be handled in accordance with the privacy policy.
6.4. The Seller may also use the services of Smeetz's financial partners, in which case the Seller's banking information will not be transmitted to Smeetz.
7. Selling Tickets – Seller duties
7.1. It is the Seller’s exclusive responsibility to state his/her terms and conditions of sale clearly, correctly and exhaustively. Smeetz cannot be held liable due to an error made by the Seller.
7.2. The Seller indicates the essential information relating to the event or activity for which he/she wishes to sell Tickets. Said Seller is to draw up in particular a description of the activity or event and to provide photos, as well as the locations, dates and schedule for when he/she is proposing his/her activities or events. The Seller is to inform about risks and restrictions of use (examples: age restrictions, size, special requirements in case of illness, pregnancy, etc.).
7.3. It is the sole responsibility of the Seller to sell Tickets for actual events or activities and to be able to provide the service that the Buyer has accepted, or for which he/she has submitted a bid, on the date and at the time selected by the Buyer. Smeetz shall not be held liable for any failure of the Seller in this capacity.
7.4. The Organizers have the possibility to limit the duration of events or activities announcements on the Platform. Organizers acknowledge and agree that Smeetz may also limit the duration of announcements of events or activities on the Platform.
7.5. The Organizer is required to inform Smeetz of any applicable fees at the event venue (e.g. Amusement tax, “Impôt sur les divertissements”) and undertakes to provide all necessary information to Smeetz to help it to collect any fees and taxes applicable and to fulfill any other obligations in this capacity.
7.6. When Tickets are sold or made available on other Sales Channels than the Website or the App (i.e. those of Smeetz' partners), only the terms and conditions of these Sales Channels are applicable to the Organizer and the potential User or Buyer of these Sales Channels. It is the responsibility of the Organizer to ensure that the terms and conditions of the Sales Channels are suitable for him. If they are not, the Organizer is obliged not to make its Tickets available for sale on the aforementioned Sales Channels.
8. Buying tickets – Buyer duties
8.1. It is recalled that it is the sole responsibility of the Buyer to provide the accurate and complete information necessary to purchase Tickets and to comply with certain obligations as set forth in the terms and conditions for buying Tickets applicable to the Buyer. Smeetz will not be held liable to the Seller for any failure by a Buyer.
9. Price
9.1. The Seller sets the selling price (or uses the Smart Pricing Services offered by Smeetz) when offering an activity or event on the Platform.
9.2. The Seller is free to change the selling price at any time up to the date of the event or activity. Sales already concluded are not affected.
9.3. The prices displayed on the event or activity page are in the currency indicated on the Platform. Certain taxes, including VAT or any other taxes (e.g. booking fees or payment processing fees) may be added to this selling price as well as Smeetz' commission. It is the responsibility of the Seller to determine where said tax(s) is/are applicable.
9.4. The sales price indicated does not include the fees in relation with payment process.
9.5. The available payment methods are displayed on the Platform during the purchase process.
10. Payment
10.1. Unless the Seller uses its own payment processing architecture, payments are made through Smeetz' partner financial institutions in such a way that no financial information is transmitted through Smeetz' servers (subject to art. 6.3 above).
10.2. In addition, by using other payment methods offered on the Platform (such as ApplePay, Twint, or any other payment method), the Organizer agrees to the terms and conditions of use defined by these financial service providers.
11. Ticket cancellations, refunds and exchanges
11.1. Only the Seller is responsible for selling Tickets and for performing the service to which it entitles. Therefore, only the Seller's terms and conditions of sale are applicable to Ticket cancellations, refunds and exchanges.
11.2. Smeetz shall not be recognized as the debtor of the Ticket service or of a right to refund or exchange the Ticket. If no instructions are provided in the Seller's sales terms and conditions, Tickets purchased are in principle neither refundable nor exchangeable.
12. Liability
12.1. Smeetz is not a party to the Sales Contract
12.2. Thus, Smeetz cannot be held liable for the Buyer's contractual violations.
12.3. As indicated in the general terms and conditions, Smeetz cannot be held liable for any incorrect or incomplete information. In addition, Smeetz does not guarantee and cannot be held liable for the choice of the contracting party. The Seller and the Buyer agree that they are solely liable for their choice of whether to enter into the agreement. Smeetz is not liable for the proper performance of the Buyer’s and Seller’s contractual obligations and cannot and must not be in control of said obligations.
12.4. Smeetz shall make all reasonable efforts that can be expected from it to limit the fraudulent use of its platform. That said, Smeetz cannot be held liable for a User’s non-compliant use of the platform, unless if Smeetz has committed serious misconduct.
12.5. It is recalled that the Seller is solely liable for the information he/she posts on the site, in particular in relation to a given event or activity. The information posted on the Platform can in no way be qualified as a guarantee or as qualities promised by Smeetz.
12.6. Smeetz's general exclusion of liability extends also to the breach of the Buyer’s and Seller’s pre-contractual obligations as well as the non-contractual liability of the latter.
12.7. In any case, Smeetz cannot be held liable for an amount exceeding the sales price of the Ticket.