Terms and Conditions of Sale
About Worldticketshop Worldticketshop is a platform on which Worldticketshop supplies a service which facilitates the buying and selling of tickets between buyers and sellers.
Worldticketshop Details By using the service on the Worldticketshop websites (Worldticketshop.nl and other related websites on which these terms of conditions of sale are published from time to time, and to which these terms and conditions apply), you agree to be bound by the following terms and conditions of sale.
Worldticketshop BV is an independent, private limited company registered in the Netherlands under number 02088830. Our registered address is Heresingel 4b, 9711 ES Groningen (The Netherlands). You can reach us by phone on 0031 (0)50-2011524 or via firstname.lastname@example.org. Our VAT number is NL8146.18.406.B.01.
We are not affiliated in any way with any booking office or event organisers.
2. THE SALES CONTRACT
Seller requirements In order to become a Worldticketshop seller, you must accept and agree to be bound by these terms and conditions of sale. In the event that you do not agree to be bound by these terms and conditions of sale then you may not use the Worldticketshop website to sell your tickets. The decision whether you are (or remain) suitable as a seller is entirely at the discretion of Worldticketshop.
Acceptance This Contract between you and us will take effect once we have sent you your login details enabling you to legally log in to the Worldticketshop marketplace. These login details should be kept confidential and secure at all times and you accept that you will be liable for any ticket posting or actions taken on the Worldticketshop marketplace using your login details whether or not such tickets were posted or such actions were taken by you.
Definitions In these terms and conditions of sale reference to a buyer is to anyone who buys tickets via the Worldticketshop marketplace and reference to a seller is to any supplier of tickets via the Worldticketshop marketplace.
Valid credit card Before you can sell tickets on the Worldticketshop marketplace you must provide Worldticketshop with a valid credit card or debit card that will be considered security in case you fail to supply or do not act in accordance with the details specified in your offer. The credit or debit card (as the case may be) must not expire before the date of the event that the tickets relate to.
Parties in agreement Worldticketshop shall not be held responsible for transactions taking place on the Worldticketshop marketplace between buyers and sellers, nor does it accept any form of ownership of or risk in the tickets that are offered by sellers on the Worldticketshop marketplace website.
3. POSTING OF TICKETS BY SELLERS
Selling tickets The seller is to offer tickets at a fixed price which is determined by seller. If a buyer accepts a ticket offer by seller, the seller will be contractually bound to supply the tickets at the price and on the conditions offered, unless the buyer fails to correctly fulfil the payment method within the required time period. Worldticketshop shall not be held responsible for the sale of tickets by the seller or the purchase of the tickets by the buyer.
Sale of football tickets You are not allowed to use the Worldticketshop marketplace to sell, advertise or otherwise dispose of tickets for a football match which is a "designated football match" for the purposes of section 166 of the Criminal Justice and Public Order Act 1994 which applies in England and Wales. You may not therefore advertise, sell or otherwise dispose of tickets on the Worldticketshop marketplace website to any football match taking place in England or Wales where one or both of the participating teams:
(a) is a member of the Football Association Premier League, English Football League, English Football Conference or League of Wales;
(b) is a club whose home ground is situated outside of England and Wales;
(c) is a national team; or
(d) where the football match takes place outside of England and Wales and involves:
(i) the English or Welsh national team;
(ii) any team which is a member of the Football Association Premier League, English Football League, English Football Conference or the League of Wales;
(iii) a national team that is a member of the Fédération Internationale de Football Association ("FIFA") and is competing in a tournament organised or under the authority of the Union of European Football Associations ("UEFA") or FIFA where the English or Welsh national team is eligible to participate or has participated (for example, any World Cup match); or
(iv) a club side which is a member of, or affiliated to, a national football association that is a member of FIFA and which is competing in a tournament organised or under the authority of UEFA or FIFA where a Football Association Premier League, English Football League, English Football Conference or League of Wales team is eligible to participate or has participated (for example any UEFA Champions League match).
The unauthorised sale of such tickets may be a criminal offence under section 166 of the Criminal Justice and Public Order Act 1994.
Posting tickets The seller is to follow the instructions for posting tickets on the Worldticketshop marketplace which are set out in the Selling Guide: http://www.worldticketshop.com/selling_guide
The seller determines the price of the tickets and is responsible for the provision of information in a correct and non-misleading way with respect to ticket description, block and/or seat classification, and any other limitations or additional information printed on or otherwise applicable to the ticket.
The seller is offered the opportunity to place the tickets on the Worldticketshop marketplace up until three working days before the event is to take place, unless otherwise agreed. Tickets are displayed on the Worldticketshop marketplace up until three working days before the event is to take place.
Division of Seats All reserved seats associated to tickets that are placed in the same purchase offer are to be placed together by the seller when offered on the Worldticketshop marketplace. In other words, these tickets are to be sold as a single block/unit.
Start of Sale Proceedings Worldticketshop shall commence facilitating the sale of the tickets at the time on which the seller posts the offer on the Worldticketshop marketplace.
Prices The seller is to accept the responsibility of keeping the prices of the offer up to date. The seller is to only offer tickets at fixed prices including VAT but excluding any applicable shipping costs. The Seller is responsible for accurate pricing of the offer on the Worldticketshop marketplace website. The seller agrees that Worldticketshop is solely responsible for the payment of VAT on the commission it charges
VAT The seller is responsible for determining whether he or she is obliged to charge VAT on the sale of the ticket and any payment thereof. The seller must provide these and any other taxes to be included in the prices posted on Worldticketshop.
Modification The seller has the right to change the pricing and other details of the ticket offer as long as a buyer has not accepted the seller's previous offer to purchase.
4. USE OF WORLDTICKETSHOP MARKETPLACE WEBSITE BY SELLER
Duplicate offer and unavailable offer If a buyer accepts the seller's offer, the seller is obliged to deliver tickets directly to the buyer. Offering the tickets elsewhere is strongly discouraged by Worldticketshop and could result in Worldticketshop charging the seller for further administrative costs should the exact tickets set out in the seller's offer not be delivered either on time or at all or not on the terms offered by the seller.
Transaction confirmation When a buyer has accepted the offer of a seller, the seller will receive a confirmation of the transaction. The confirmation contains all relevant information relating to delivery and completion of the transaction. Worldticketshop shall strive to inform the seller whether the ticket offer has been accepted within 24 hours and, at the latest, within 72 hours of the ticket offer having been accepted by the buyer.
Fraud control When Worldticketshop has reasonable grounds to suspect fraudulent activity the transaction will be labelled by Worldticketshop as "fraud check" and approval of the transaction will be put on hold until such time as Worldticketshop is satisfied that there is no fraudulent activity in connection with the transaction.
Costs Placing tickets on the Worldticketshop website is free. However, Worldticketshop does charge sale commission above the seller’s sale price which is paid by the buyer directly to Worldticketshop. The sale price including the sales commission will be displayed to the buyer on the Worldticketshop marketplace website.
5 COMPLETION OF TRANSACTION
Delivery The seller must deliver the tickets through the UPS system used on the Worldticketshop marketplace website. When the seller sends the tickets to the buyer, the seller will confirm the dispatch of tickets to the buyer by entering a correct tracking number and following the steps as outlined in the Worldticketshop sales system.
The seller is committed to send the tickets within three working days before the event. When the seller has yet to provide shipping information and cannot be contacted by Worldticketshop within three days before the event to which the tickets relate is to take place the transaction will be marked as "non-compliance" and Worldticketshop will be entitled to issue a charge to the seller, in accordance with its charges policy:
Failed Delivery If UPS is unable to deliver the shipment to the buyer in person, the shipment will be sent to the nearest UPS distribution office where the shipment will be retained for no longer then 5 days or will be returned to the seller after three failed delivery attempts. In this case, UPS will leave written evidence behind at the delivery address of its attempts to deliver the tickets. If a ticket buyer does not accept, pick up or have the ticket picked up from a UPS distribution office, and the buyer has been notified beforehand of the shipment, then the unvisited event will be at the risk and expense of the buyer. The cost of re-sending the tickets shall be borne by the buyer.
Other delivery methods If a timely delivery of the tickets three days before the event to which the tickets relate is to take place by UPS shipment is not possible or if UPS shipment is not possible at all, the seller is obliged to contact Worldticketshop regarding the possibilities for an alternative delivery method. The seller is obliged to produce accurate tracking information or a "proof of delivery" in respect of the alternative delivery method, in order to be able to claim payment from Worldticketshop of the proceeds from the sale of the tickets. The seller shall accept any liability for errors on the part of his third parties, including third parties engaged in respect of the alternative delivery method.
Buyer payment Worldticketshop shall receive a credit or debit card payment from the buyer of an amount equal to the price of the tickets (including any applicable taxes) and any booking and shipping costs. Through Worldticketshop, the buyer will be charged a commission including VAT on the services.
Seller payment Payment will be made by Worldticketshop to the seller approximately 14 days after the shipment of the tickets providing that the seller has entered the correct tracking code or a "proof of delivery" and that the tickets have been correctly sold to and received by the buyer as agreed. Payment to the seller will be temporarily suspended if Worldticketshop has grounds to believe that the seller has not properly fulfilled their obligations under this Contract. Payment to the seller will be made in the same currency as the currency of the posted ticket price (for example, where the ticket price was posted as being £80, payment will be made to the seller by Worldticketshop in pounds sterling) and shall be paid to the seller's bank account or Paypal account as provided by the seller to Worldticketshop. Payment will be made by Worldticketshop to the seller approximately 14 days after the relevant event has taken place providing that the seller has entered the correct tracking code or other "proof of delivery" and that the tickets have been correctly sold to and received by the buyer as agreed.
Payment to the seller will be made in the same currency as the currency of the posted ticket price (for example, where the ticket price was posted as being £80, payment will be made to the seller by Worldticketshop in pounds sterling) and shall be paid to the seller's bank account or Paypal account as provided by the seller to Worldticketshop. Subject to the remainder of this clause, payment to the seller will be suspended if Worldticketshop has grounds to believe that the seller has not properly fulfilled their obligations under this Contract. If the seller fails to provide the tracking code, the correct tracking code or other "proof of delivery" to Worldticketshop and fails to establish to Worldticketshop that the tickets have been correctly sold to and received by the buyer as required under these terms and conditions of sale within 30 days after the relevant event has taken place, the seller shall waive its right to receive payment from Worldticketshop for the tickets and Worldticketshop shall be under no obligation whatsoever, whether at law or in contract or otherwise, to make any payment for the sale of the tickets to the seller, and in such circumstances the seller undertakes not to make any claim or demand on Worldticketshop for payment of any sales commission or other monies relating to such tickets. This clause does not apply to any disputed settlements or settlements which are under discussion with Worldticketshop, provided that the dispute or discussion has been initiated prior to the expiry of the 30 day period.
6 RECLAIMING COSTS AND CHARGES
Replacement When the seller cannot deliver the exact tickets purchased and offers the buyer alternative tickets which the buyer accepts, the buyer will be given a 20% discount on the purchase price paid by the buyer for those tickets. Worldticketshop will charge the seller for this discount in accordance with its charges policy: http://www.worldticketshop.com/charges_policy
Non-delivery In the event that the seller of the tickets fails to deliver the tickets to the buyer in accordance with this Contract, Worldticketshop is entitled to charge the seller damages in accordance with the charges policy: http://www.worldticketshop.com/charges_policy
The transaction will be marked as "non-compliance".
120% buyer guarantee Worldticketshop guarantees to buyers that the tickets they purchase on the Worldticketshop marketplace will be authentic. Should the tickets delivered by the seller prove not to be authentic, then the buyer will be entitled to a 120% refund of the purchase price of the ticket and delivery costs. This reimbursement will be entirely at the expense of the seller in accordance with the charges policy:
Collection of (administrative) charges Refunds of sale orders and administration charges may be at Worldticketshop's discretion either (i) deducted from any future payments due to the seller by Worldticketshop; or (ii) charged to the credit or debit card provided by the seller.
Settlement The seller agrees that Worldticketshop may offset amounts owed to Worldticketshop by the seller against monies that Worldticketshop owes the seller, and that are held by Worldticketshop at any given moment.
Blank Shipping Envelope The seller confirms that all tickets will be delivered in a plain envelope and that no invoice, letterhead, business cards or any other materials will be sent with the tickets other than materials indicated for shipment by Worldticketshop. The seller must provide a return address (other than the Worldticketshop address), which is to appear on the blank envelope. If the tickets are not delivered and there is no return address on the envelope, Worldticketshop will not proceed to pay the seller.
Charges Policy In addition to imposing a charge, Worldticketshop is entitled at its sole discretion to temporarily deny the seller access to the seller account, or remove the seller account from the Worldticketshop marketplace website altogether.
7 GUARANTEES AND LIABILITY
Seller Guarantees The seller guarantees Worldticketshop and its users a) the availability of the tickets offered by the seller, b) that the seller is legally entitled to offer and sell the tickets listed, c) the authenticity of the tickets (that is, the ticket is not counterfeit, stolen or otherwise invalid), d) the accuracy of the information provided by the seller which must not be misleading, e) that no copyrights, trademarks or other intellectual or privacy rights of others are violated by the sale of the tickets by the seller on the Worldticketshop marketplace website.
Sale of tickets Worldticketshop does not guarantee to the seller that the offered tickets will actually be sold.
Laws and Stipulations The Seller guarantees Worldticketshop that the offering of tickets through Worldticketshop complies with all relevant legislation, including, but not limited to consumer law, in which the activities of intermediaries in ticket sales is regulated.
Liability Limitation To the fullest extent permitted by law, Worldticketshop shall have no liability to the seller or any third party in respect of use of or reliance upon the services, the website, any malfunction of the services or the marketplace website or the offer of or sale of the ticket(s) by the seller to the buyer.
Consequential Damage Worldticketshop explicitly disclaims any responsibility for loss of profits, or for special, consequential, incidental or moral damages, including but not limited to indirect damage and damage which may be caused by services, the marketplace website or malfunction of services or the website. When the exclusion or limitation of consequential or incidental damages is not permitted and in all other circumstances, the liability of Worldticketshop is limited to no more than the total value of the tickets purchased or sold.
Termination Worldticketshop is entitled to immediately terminate this Contract without preservation of rights acquired under this Contract. Upon termination, all placements of tickets by the seller will be removed.
Safeguard Worldticketshop is not involved in the transaction between the seller and a buyer. Should a conflict arise between the seller and a buyer, then this Contract will safeguard Worldticketshop and all managers, directors, agents, affiliates, partners and employees of Worldticketshop, and you will be liable to compensate Worldticketshop in full for each known and unknown type of claim, demand and damage that result from such disputes or others that are connected with them.
No Agency The seller and Worldticketshop are independent parties, there exists no agency, partnership or joint venture between the seller and Worldticketshop, and this Contract does not aim to create an employee-employer or franchiser-franchisee relationship between the seller and Worldticketshop.
Event Cancellation It is at the risk of the buyer should an event for which a seller has sold tickets be cancelled if such cancellation is not attributable to the actions of the seller. Where cancellation is attributable to the seller, the seller agrees that all monies paid by Worldticketshop to the seller for or otherwise in relation to those tickets will be refunded, and the seller hereby undertakes to make such payment promptly upon demand by Worldticketshop. The seller agrees that Worldticketshop may offset any amounts the seller owes Worldticketshop against any other amounts that Worldticketshop owes the seller.
Use of marketplace website The Worldticketshop marketplace website is provided "as is" with no guarantee of availability or functionality. Worldticketshop reserves the right to adjust, shut down or make temporarily inaccessible the website or any part thereof at any time, without prior notification.
Transferring the Contract The seller is not entitled to assign, novate or otherwise transfer this Contract without the explicit written consent of Worldticketshop.
Alterations of Contract Worldticketshop reserves the right to alter these terms and conditions of sale at any time and any such alterations will be communicated to the seller within the seller account. Should the alterations be unacceptable to the seller then the seller should immediately terminate the seller account and stop using the Worldticketshop marketplace website.
Intellectual property The seller acknowledges that Worldticketshop exclusively owns or is the valid licencee of all the rights, titles and worldwide interests as well as the intrinsic worth of Worldticketshop and the Worldticketshop websites. Worldticketshop reserves all rights and the seller will not have any right, title or interest in Worldticketshop and the Worldticketshop websites other then as expressly set out in the Contract.
Applicable law Dutch law applies to this Contract. Insofar as deviation from the statutory rules of competence is permitted, the authorised Judge within the District of Groningen shall have the exclusive right to examine any litigation that may arise between Worldticketshop and the seller.
Entire Agreement This Contract and all documents referred to in these terms and conditions of sale, confirm the full agreement between Worldticketshop and the seller and overrides all previous Contracts between you & us, both oral and in writing.
Variation No alteration, adjustment or addition of a provision of this Contract shall be valid or take effect unless explicitly agreed in writing in accordance with the terms of this Contract.
Severance If a provision within this Contract is considered invalid or inapplicable under whatever circumstance, the application in other situations as well as the remaining provisions of this Contract shall remain valid to the fullest extent possible and/or permissible.