These Terms and Conditions (“Terms”) apply between you and SIXTYNINE Agency of Schiemond 20 3024EE, Rotterdam, Netherlands (“SIXTYNINE Agency”, “we”, “us”, or “our”).
Your agreement to comply with and be bound by these Terms is deemed to occur upon if you place an order for our tickets (“Ticket”) through our Pretix store. Upon confirmation that such order is accepted a contract of sale will be executed between you and SIXTYNINE Agency, which will be governed by these Terms.
- GENERAL TERMS
These Terms apply to all offers and contracts relating to the sale and the digital delivery of Product by us.
- REQUIREMENTS TO CONCLUDE A CONTRACT
You have to be 18 years of age or older to buy a Product via the website. You can only order on the website if you are a consumer, not a reseller. You guarantee that the information you provide to us in the request or order is accurate and complete.
- HOW IS A CONTRACT CONCLUDED WITH YOU?
- All information on our Pretix store is an invitation to purchase only. You agree that your order is an offer to purchase the Ticket(s) listed in your order.
- All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
- We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows: a) if the Ticket(s) shown is not or no longer available; b) if we or Pretix are unable to obtain authorization of your payment; c) if the ticket or concert, event information shown contains a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown; d) if we are unable to process your order due to technical reasons; e) if we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
- In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the canceled (part of the) order.
- We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this Agreement. Following the cancellation, we will of course provide you with a refund for the amount paid to us.
- DELIVERY AND PERFORMANCE AND RETENTION OF TITLE
Delivery of the Ticket(s) shall be made to the email address and Pretix account specified in the accepted order. All Ticket(s) will remain the property of SIXTYNINE Agency until you have paid all amounts owed to us in full under any agreement. You may not sell or encumber any Ticket(s) before full title thereof has passed to you.
- PRICE AND METHODS OF PAYMENT
SIXTYNINE Agency reserves the right to make price changes prior to an order placed by you. We reserve the right to change, limit or terminate any special offers or discounts at any time. Please check the checkout of the Pretix website or Pretix`s Terms of Service for information on available payment methods. You shall be responsible for all taxes applicable. SIXTYNINE Agency reserves the right to conduct an individual credit check for each order. Depending on the results of this check, SIXTYNINE Agency reserves the right to refuse certain methods of payment.
- CHARGEBACKS
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any purchase. If you make a payment through and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined in our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback and or pursue legal action as the case may be.
- TECHNICAL ERROR
In the unlikely event that you are experiencing or have experienced a technical error on our website, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.
- GENERAL TERMS EVENTS
- Please note that advertised start times of events are subject to change. Also, door opening and closing times stated in relation to an event are not indicative of the event’s start or end time, all of which remain at the relevant event partner’s and/or artist’s discretion and may be subject to change.
- Tickets are sold subject to the event partner’s right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in Clause 9.
- Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
- The event venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching any terms and conditions of the event or any event partner.
- Admission to all events is subject to the terms of admission of the relevant venue, and certain items may be prohibited. Please check with the venue directly. The unauthorized use of photographic and/or recording equipment at events is also prohibited. Any unauthorized photos, videos and/or recordings may be destroyed or deleted. The use of drones or similar equipment for any reason in, at or near the event venue is strictly prohibited.
- Breach of any of venue terms and conditions or any unacceptable behavior likely to cause damage, nuisance or injury shall entitle the event partner to eject you from the venue.
- Event partners reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety and you will not be entitled to a refund, any unacceptable behavior likely to cause damage, nuisance or injury, or for any breach of the event partners´ terms and conditions.
- Unless expressly authorized by the relevant event partner, there will be no pass-outs or re-admissions of any kind.
- By attending an event, you and other patrons understand and agree to being photographed, filmed and/or recorded in relation to the event and/or for safety and security, including filming by the police. You and other patrons understand and agree that resulting photographs, videos, audio recordings and/or audiovisual recordings may be used in any and all media for any purpose at any time throughout the world.
- Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection at events.
- Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
- CANCELLATION AND ALTERATION EVENTS
- If an event is canceled, rescheduled or materially altered, we will use reasonable endeavors to notify you once we have received the relevant information and authorisation from our event partner. However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been canceled, rescheduled or altered and the date and time of any rescheduled event.
- If an event for which you have purchased Tickets is canceled in full (and not rescheduled), your order will be canceled, and you will be refunded the Sale Price of your Tickets (Service Charges and Order Processing Fees may be non-refundable).
- If an event for which you have purchased Tickets is rescheduled, Tickets will usually be valid for the new date. If you notify us within the specified deadline that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets (Service Charges and Order Processing Fees are non-refundable). If we do not specify a deadline, the deadline by default will be 48 hours before the date of the rescheduled event. Failure to notify us by the applicable deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets for the rescheduled event, and you will not be able to claim a refund.
- If an event for which you have purchased Tickets is “materially altered”, Tickets will usually be valid for the altered event (or you will be offered Tickets of a value corresponding with your original Tickets for the altered event, subject to availability). If you notify us within the specified deadline that you do not wish to attend the altered event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets (Service Charges and Order Processing Fees are non-refundable). Failure to notify us within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Tickets for the altered event, and you will not be able to claim a refund.
- For the purposes of Clause 9.4, a “material alteration” is a change (other than a rescheduling) which, in our and the relevant event partner’s reasonable opinion, makes the event materially different to the event that purchasers of Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”; adverse weather conditions; changes of any supporting act; changes to individual members of a band; curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
- To claim a refund, please apply in writing to info@mystiekproductions.nl.
- Refunds will be made using the same means of payment as you used for the initial purchase.
- RIGHT TO CANCEL. In accordance with applicable Dutch and EU consumer protection law, Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, supply of food and drink and other services related to leisure activities, if the contract provides for a specific date or period for the provision may not be canceled. This means that Tickets cannot be canceled, exchanged or refunded after purchase, save in the circumstances set out in Clause 9.
- YOUR PROVISION OF INFORMATION
When you provide information about yourself to us, you agree to: a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
- LIABILITY
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- Our total liability to the other in respect of all loss or damage arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product you have purchased.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
- You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, legal expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Product, , and/or any Content in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
- CHANGES
We may make changes to these Terms at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons).
- DATA PROTECTION
Your Personal Data will be collected and used to fulfill necessary contractual obligations outlined in these Terms. For details on the manner in which we use your Personal Data please see our Privacy Policy.
- EVENTS BEYOND REASONABLE CONTROL
SIXTYNINE Agency will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms when the delay or failure arises from any cause which is beyond SIXTYNINE Agency’ reasonable control.
- SEVERANCE
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.
- APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the laws of the Netherlands to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and SIXTYNINE Agency and you agree to submit to the exclusive jurisdiction of the Courts of Amsterdam.