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 Users the possibility to reserve or purchase Tickets made available or on sale by the Organizers.
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 Website or the App.
2.3. Smeetz offers to make its Ticket sales platform (as defined in art. 2.3 of the general terms and conditions) available to third parties so that these third parties can integrate the purchase management tool directly into their platform. These terms and conditions are also applicable to the Buyer purchasing a Ticket in such a case, unless expressly stated otherwise.
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).
3.2. Smeetz however reserves the right to sell Tickets in its own name. Subject to this exception, the Buyer therefore contracts directly with the Seller if Tickets are purchased, except for Smeetz.
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. If Tickets are purchased on the Platform, the Buyer agrees he/she is bound by the Seller's contractual terms and conditions, including any terms and conditions of sale in addition to the Contractual Documentation.
4.4. The Organizers may make Tickets available to Users free of charge for the purpose of managing attendance only. The present conditions applicable to the purchase of Tickets on the Website and the App 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’s 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. The Buyer is not necessarily required to be registered on the Platform to purchase a Ticket thereon. If the Buyer does not yet have an account with Smeetz, the Buyer will be requested to send to Smeetz the data necessary to purchase such a Ticket.
6.2. The Buyer’s personal information necessary for purchasing the Ticket is communicated by Smeetz to the Seller based on the information provided to Smeetz by the Buyer when registering, or as amended via the updating of his/her user profile as stated in our privacy policy.
6.3. The information relating to the Seller is displayed on the page of the Platform dedicated to it or on the page dedicated to the activity or event proposed by him/her.
7. Selling Tickets – Seller duties (pro memoria)
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. Smeetz reserves the right to limit how long announcements for events or activities are posted 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.
8. Buying Tickets – Buyer duties
8.1. It is the Buyer’s sole responsibility to buy his/her Ticket in due time before the date of the activity or event. Smeetz cannot be held liable for purchasing a Ticket on a date that no longer allows participation in the activity or event.
8.2. The Buyer accepts, in particular, the age, safety and any other instructions and accepts that access to the activity or event is refused by the Seller, without compensation, in the event of non-compliance with these terms and conditions.
8.3. It is recalled that the Buyer is solely responsible for providing the accurate and exhaustive information necessary to buy the Tickets.
9. Price
9.1. The Seller sets the selling price when proposing 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 page dedicated to the event or activity are in Swiss francs. Certain taxes, such as VAT or any other tax can be added to such sales price, as well as Smeetz’s compensation. It is the Seller's responsibility to determine where the 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. Payments are made through Smeetz's partner financial institutions in such a way that no financial information passes through Smeetz's servers, subject to Art. 10.3 below.
10.2. During the purchase process, the Buyer is redirected during the payment directly to the site or through a pop-up window to the site of one of our financial partners.
10.3. Users can save their payment method (in particular, the credit cards and “Post cards”) through a banking detail tokenization process offered by our partners. Smeetz shall retain only limited data within this framework, as provided for in the privacy policy.
10.4. In addition, by using other payment methods offered on the Platform (such as ApplePay, Twint or any other payment method), you accept the terms of use defined by these financial service providers.
11. Sending Tickets
11.1. Order confirmation. After the Buyer confirms the order, said Buyer is notified by email that his/her order has been confirmed. The Seller is informed of the Ticket purchase made by notification on the Platform and receipt of an email.
11.2. Format. Tickets are made available to the Purchaser either (i) on the Platform under the page or tab dedicated to that effect within a reasonable time frame after purchase, in printable electronic format, or (ii) under the same conditions with an email.
11.3. Checking the order. The Buyer is required to check the Ticket as soon as it is received. It is his/her sole responsibility to check that the Ticket(s) purchased correspond(s) to the Ticket(s) he/she wished to purchase. The Buyer must report within 3 (three) days to Smeetz if an error is found. After this time, the Ticket shall be deemed to be accepted. The same deadline applies to indicate to Smeetz that a Ticket purchased is not accessible on the Platform or was not contained in its email as mentioned in Art. 11.1 above.
12. Prohibition against reselling Tickets
12.1. Unless expressly stated otherwise, for example in the Seller's sales terms and conditions, the resale for commercial purposes or otherwise of a Ticket purchased on the Platform, or on the site of a third party using the Smeetz platform, is prohibited.
12.2. If Art. 12.1 is breached, the Buyer can be liable for damage claims and loss of rights conferred by the purchase of the Ticket. Smeetz also reserves the right to exclude any offender from the Platform.
13. Ticket cancellations, refunds and exchanges
13.1. 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.
13.2. 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.
14. Liability
14.1. Subject to Art. 3.2, Smeetz is not a party to the Sales Contract.
14.2. 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.
14.3. 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 Smeetz has committed serious misconduct.
14.4. 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, as stated in the art. 7 of these terms and conditions. The information posted on the Platform can in no way be qualified as a guarantee or as qualities promised by Smeetz.
14.5. By purchasing a Ticket, the Buyer agrees to be bound by the terms and conditions of sale of the buyer and the obligations provided by the Seller for carrying out the activity or participation in the event to which he/she is entitled to. Smeetz cannot be held liable for the non-completion of an activity or for the impossibility to participate in an activity. Smeetz also does not guarantee the Buyer's compliance with its obligations.
14.6. Smeetz cannot be held liable for the Seller’s contractual breaches, e.g. for the poor organizational quality of the event or activity, its cancellation, the non-compliant holding of the activity or the event in comparison to what the Seller presented on the site, etc.
14.7. 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.
14.8. In any case, Smeetz cannot be held liable for an amount exceeding the sales price of the Ticket.