Terms and Conditions

Terms & Conditions

Pointicket Market, Tornimäe tn 3 // 5 // 7, 10145, Tallinn, Estonia, (hereinafter, “Pointicket”) offers an online platform for the sale and purchase of tickets (hereinafter referred to as the Platform) at the Internet address www.ticketsoperamilan.com and other domain extensions. In particular, the Platform allows users to sell and buy tickets for events in the fields of sport, music, opera, ballet, concerts, entertainment, theater, and musicals (hereinafter referred to as Events).

The use of the Platform (including use on tablets or mobile phones) will be governed exclusively by the following General Terms and Conditions of Use (hereinafter, jointly referred to as the Terms of Use). The Terms of Use will apply equally between the seller and the buyer, and between users (sellers or buyers) and Pointicket. By clicking on the corresponding registration or account creation button, the user consents to the application of these Terms of Use.

The General Terms and Conditions of Use are divided into three different categories:

1. General Terms
2. Special Conditions for Buyers
3. Special Conditions for Sellers
4. Data Protection and Privacy Policies
   

1. General Terms

The following terms apply to all users of the Platform, that is, both buyers and sellers. Therefore, buyers and sellers will hereinafter be referred to as "Users."

1.1. Registration

In order to participate in the Platform, it is necessary to follow the entire registration process, which includes providing all the information requested in the corresponding registration form correctly.
Only individuals over 18 years of age with unlimited legal capacity may register. There is no right of access to the Platform.
Users are required to provide correct and complete information during the registration process. Users must not pretend to be another person, use a name they are not entitled to use, or otherwise infringe on the rights of third parties in the context of the registration process.
If incorrect information is provided during registration and also in the event of failure to meet a required ticket delivery deadline, Users may be permanently or temporarily excluded from using the Platform.
Access to the Platform will be protected by an individual password if registration is done through an email address. Users are solely responsible for protecting their password. We recommend changing the password periodically. Passwords should not be shared with third parties. The password should only be used to access the Platform and use the services offered therein. Users are solely responsible for all actions taken using their password. We recommend that Users immediately change their password if it becomes known to unauthorized persons.
With each use of the Platform, Users undertake to comply with the rules set forth in these Terms of Use. Failure to comply with the Terms of Use may result in temporary or permanent exclusion from the Platform. The Platform will actively work to review data to ensure that users comply with these Terms of Use.

1.2. Pointicket's Function

Please note that Pointicket only offers a technological Platform to bring together sellers and buyers of tickets for Events and does not organize Events, sell tickets, or intervene in any other way in the execution of the contract between the buyer and the seller regarding the tickets. It is a mere activity in which the Platform hosts sales offers, providing purely technical and automatic services, so Pointicket does not know or control the information transmitted or stored by Users.
In no case does Pointicket act to control (effectively and efficiently) sales activity, manipulate any data provided by Users (including the face value of tickets), acquire ownership or take legal possession of the product for sale (tickets from seller Users).
There is no charge for registering Users on the Platform. Pointicket will charge a fee to the seller and/or the Buyer for access to the Platform. The fee will be paid by the seller and/or the Buyer and may be a fixed sum per listing, order, a percentage, or a portion of the transaction amount.
Pointicket does not retain the seller's money or profits in its own account.
Pointicket will not act as a mediator in disputes that arise between Users or in the context of the forced satisfaction of claims that arise between Users.
Pointicket shall have the right to edit the offers published by Users from a technical point of view so that they can also be displayed on mobile devices.

1.3. Principles of Platform Use

Users are not allowed to engage in advertising activities (including self-promotion and inclusion of links) on the Platform, that is, on or from the offer pages.
Until Pointicket has given its express consent, Users agree not to use data from other Users that they may access on the Platform or of which they have become aware by using the Platform in any way, unless the use of such data is for the purpose of executing the contract. It is not allowed to use such data and information for advertising, sending unsolicited emails or other unsolicited messages, or for any other purpose unrelated to the purpose pursued by the Platform.
Users may not circumvent Pointicket fee structure or reallocate the costs incurred between them.
Users must not, based on information obtained directly or indirectly from the Platform, contact the Seller directly by email, telephone, or social networks to conclude transactions and contracts outside of the Platform in order to circumvent transaction fees. If they do so, they will be excluded from the Platform, and Pointicket may retain the funds. Contact between the Seller and the Buyer for the fulfillment of a contract and delivery will be permitted through the Platform's contact form.
Users must have their email address, which they registered with on the Platform, fully operational at all times. Pointicket is not responsible if the User cannot receive emails or receive their tickets because their email address no longer exists, their inbox is full, or they have any restrictions that prevent the receipt of tickets or any other type of information from Pointicket.
Additionally, Users must be reachable by email at all times until the event is held, as Pointicket may send any relevant and urgent communication, new tickets in case a problem is detected with the ones sent, or new information if the situation requires it.
Furthermore, Pointicket will review compliance with current regulations and will act when it has effective knowledge of the existence of illicit information, removing such information or disabling access to it, respecting the principle of freedom of expression. Pointicket will not establish any price limit for sales.

1.4. Data Protection and Consent for Advertising Purposes

Pointicket has informed Users in detail about the type, scope, location, and purpose of the collection, processing, and use by Pointicket of the personal data required for registration on the Platform (see Privacy Policy).
As part of their registration on the Platform, Users have the option to give their consent to receive newsletters regarding current trends, news, offers, or new availability of tickets from Pointicket. Such consent may be revoked at any time against Pointicket to take effect in the future through the contact form.

1.5. Validity, Termination, and Exclusion of Users

The contractual relationship between Pointicket and the User begins when the User account is activated.
The relationship with the User is for an unlimited period, and either party may terminate it in writing at any time. Termination of the relationship between the User and Pointicket will not affect contracts concluded between Users through the Platform.
After termination, the User will no longer have access to their account and the data stored therein. Users' rights under the EU General Data Protection Regulation (in particular, regarding information) will not be affected.
In case of non-compliance with these Terms of Use, legal provisions, or third-party rights, Pointicket shall have the right to take appropriate measures to terminate the non-compliance or eliminate its consequences, in order to immediately block individual content or Users (temporarily or permanently) or modify or delete content. Such measures may also include warnings, suspensions of use, or cancellation of participation in the Platform or denial of access to it. Pointicket will fully take into account the legitimate interests of the respective User, particularly in terms of their responsibility for the non-compliance.

1.6. Lack of Guarantees Regarding the Correctness and Availability of Platform Use

Pointicket does not provide guarantees that the Platform will always be available.
Pointicket will also not be responsible for the correctness or completeness of statements made and information published by Users; in particular, Pointicket does not verify the correctness and completeness of the data and information provided by Users regarding the Events and corresponding tickets.
Users are advised to follow the coverage of Events in the press and other media to be informed of changes in dates or cancellations in a timely manner.

1.7. Liability and Indemnification

Claims for damages presented by Users against Pointicket are excluded. Pointicket will not assume any liability for costs and damages directly or indirectly related to an order on the Platform that cannot be fulfilled or completed, such as cancellation costs for hotels, flights, or other reservations.
Users will indemnify Pointicket for any claims that other Users or third parties may make against it for violations of their rights related to tickets offered on the Platform and other content published on the Platform (e.g., failure to provide information in distance sales). This indemnification shall not apply if the User is not responsible for the violation in the sense of negligent or intentional conduct. In the case of accusations made by third parties, the User is obliged to immediately provide Pointicket with the correct and comprehensive information required to assess such accusations and defend against them.

1.8. Final Provisions

The relationship between Pointicket and Users shall be governed by the laws of Estonia, unless otherwise specified in the advertisement and sales contract in question.
For certain specific Events, Users may not be able to buy or sell Tickets if they are residents or currently reside in certain countries due to legal restrictions that apply in these countries. The User may be required to provide their address and confirm their residence. It is also possible that users will be prevented from using our service for these Events. The User may not circumvent these restrictions, and any purchase or sale will be canceled if such circumvention is detected.
Pointicket is not obligated to participate in any consumer dispute resolution proceedings before a consumer conciliation committee.

The User shall refrain from disclosing or publishing statements, transaction information, buyer claims information, or information on disputes with buyers that could in any way damage Pointicket's reputation. This information may include statements, online or on social networks, that are public domain or accessible to a large number of people. Examples include defamatory, uncertain, or incorrect statements or information. Pointicket may unilaterally impose penalties for the disclosure of such information or for false or incorrect statements and may deduct them from any outstanding sum owed until the situation is resolved or ceases to exist. Pointicket may also request a signed commitment guaranteeing that such statements or information will not be published or disclosed to third parties in the future before releasing the retained funds.
For any complaints, grievances, or suggestions, the User may do so through the contact form or by sending an email to [email protected].
These general conditions are governed by Estonian law. Any dispute that may arise in relation to the website or the activity carried out on it will be submitted to the Courts of Estonia, with the User expressly waiving any other jurisdiction that may correspond to them.
Unless expressly stated otherwise, all communication with the User will be done through the email address provided during the registration process.

2. Special Conditions for Buyers

The following conditions apply to buyers.

2.1. Contract Formation

The publication of a ticket to an Event on the Platform constitutes a binding offer to enter into a contract between the seller and the buyer to purchase the tickets at the price set and accepted by the seller. Current regulations must be complied with, and Pointicket will actively review Users' actions in this regard.
A contract between the seller and the buyer regarding the purchase of tickets shall be deemed concluded when the buyer accepts the offer. The buyer accepts the offer by placing the order through the "Book now" button. The buyer must provide their payment details for the processing of the sales contract.
The buyer shall not have any legal right to cancellation or refund regarding the purchase of tickets if there is a specific date or period scheduled for the Event. The buyer shall refrain from disclosing or publishing statements, transaction information, claims information, or information on disputes with sellers that could in any way damage Pointicket's reputation. This information may include statements, online or on social networks, that are public domain or accessible to a large number of people, such as defamatory, uncertain, or incorrect statements or information.

2.2. Price, Expenses, and Payment Methods

The Total Price consists of (a) the ticket price ("Sale Price"), (b) Pointicket's electronic service fee (the amount depends on the type of Event and the type of ticket or venue of the Event), (c) shipping and delivery costs, if applicable, and (d) the price/fee to be paid for the use of a specific payment method.
The buyer is obligated to pay the Total Price if a contract has been concluded. Payment of the Total Price shall be due upon conclusion of the contract and shall be made by charging the credit card or debit card, direct debit, or other payment service used by the buyer after conclusion of the contract or using the payment methods indicated on the Platform. Available payment methods are Visa, MasterCard, Amex, and PayPal. Other payment methods may be offered without prior notice. Pointicket may request identification and verification of the payment method if fraud is suspected. In these cases, the order will remain in "Pending" status until a Pointicket specialist approves or rejects it. The buyer will receive an email notification indicating that additional verification is required.
The "face value" of a ticket refers to the price originally set by the event organizer or authorized seller for that particular ticket. It is the base cost indicated on the ticket itself, before any additional surcharges or service fees that may be added when purchasing it. This face value represents the actual cost of the ticket without including any extra charges.
Transparency and security are paramount at Pointicket. Each purchase will indicate its Total Price, including booking fees, service and management fees, or any other applicable charges. The prices indicated will be those in effect at any given time, unless there is a typographical error.

2.3 Information, Named Tickets, and Availability

All seats reserved in a single transaction will be allocated together in the same row whenever possible. We are committed to ensuring that reservation groups remain together to provide a comfortable and enjoyable experience.

In exceptional cases, if a reservation includes four or more seats and it is not possible to allocate all of them in the same row, the seats will be allocated as follows: two seats in one row and the other two or more seats in the immediately adjacent row behind.

In general, tickets allow the holder to access the venue without the attendee's name being on them. However, on some occasions, the organizer may require named tickets. In this case, the buyer is obligated to inform the Platform of the name and surname of each person attending the event. It is the Buyer's responsibility to provide Pointicket with the necessary information for the Seller to issue or customize their tickets. In these cases, the buyer will receive their tickets already personalized for access to the event. Therefore, the buyer will be responsible if they do not provide this necessary information or if the information provided is incorrect and they are not allowed entry to the event.

In exceptional circumstances, it is possible that the seller cannot guarantee the delivery of the tickets sold on the Platform. In such a situation, Pointicket reserves the right to seek replacement tickets up to 4 hours before the start of the event in order to provide the buyer with the tickets.

Replacement tickets refer to new tickets assigned by Pointicket to another seller. These tickets may be in the same category, a higher category, or a lower category than the one originally purchased by the user. If tickets of a lower category than the one originally purchased are assigned, the buyer will be refunded the price difference between the purchased category and the one finally delivered.

In the unlikely event that, 4 hours before the event, tickets cannot be provided, a full refund will be issued to the affected buyer. Likewise, if for organizational or technical reasons it is not possible to deliver the tickets, the Platform will fully refund the purchase or reservation amount.

For some events, the platform will offer the pre-sale tickets. When an event is in pre-sale, it means that regular ticket sales have not yet started, but the available tickets come from season passes or other users who have access to a special pre-sale. This service provides you with the peace of mind of having reserved your tickets, so you don’t have to worry about the event selling out or the day the tickets go on sale.

In this case, the user must select the ticket category and the number of attendees for the event. Seats will be together for up to a maximum of four seats per group.

The Platform will charge a platform fee for this service, which will be itemized during the booking process. Tickets will be provided by future sellers and not by the Platform. 

2.4. Contract Withdrawal for Sales

According to the regulations on electronic commerce and distance selling, it is not possible to cancel the purchase of tickets, obtain a partial or total refund, change the event date, or modify the characteristics of the purchase, such as the category. Once payment has been made, tickets cannot be returned or refunded. In other words, the purchase of tickets for shows is excluded from the general right of withdrawal. The User cannot exercise the right of withdrawal or resolution of the contract, in accordance with current consumer legislation.

The User's inability to attend an event or show, or the User's error in purchasing or reserving tickets, such as an error in selecting the event day or ticket category, does not allow for a refund, cancellation, or reimbursement. Failure to use the ticket or attend the event due to reasons caused by third parties, riots, traffic jams, or natural disasters does not entitle the User to a refund or reimbursement if the Event is held.

Without prejudice to other rights granted by law, the buyer shall have the right to withdraw from the sales contract regarding the ticket(s):

(i) If the event is canceled. Occasionally, shows may be subject to cancellations, date changes, or substantial alterations by the organizer, artist, or promoter, due to various reasons, such as artists' strikes or other unforeseen circumstances. In the event that a show is completely canceled and not rescheduled, the User has the right to request a refund of the face value of the ticket. To request a refund, the User must contact the Platform through the contact form or email [email protected] within 10 calendar days from the date the event cancellation was communicated. After this period, it will be understood that the User does not wish to request a refund and waives any claim in this regard. In the event of cancellation or postponement of the Event, in no case may the User ask for the reimbursement of Service Fees/Platform Fees and/or Home Delivery or Print@Home Delivery or E-Ticket Delivery costs and/or the cost of the gift wrap and/or any insurance coverage premium, if incurred, since these amounts are remunerative for the already completed supply of the Platform Services and independent of the subsequent supply by the Organizer of the service relating to the Event.

(ii) If the buyer does not receive the ticket. If the User has not received the ticket and it has not been sent before the indicated delivery deadline, provided that the buyer has informed the Platform of such absence and has had a reasonable period of time to investigate the case, unless the buyer is responsible for the non-receipt or delay in this, such as incorrect email data, saturated email, error in the phone, error in the delivery address, preventing the delivery of the ticket(s) due to the buyer's non-compliance.

(iii) If the ticket is invalid. If the ticket is not valid and does not entitle the buyer to access the Event for reasons not attributable to the buyer. The buyer shall be responsible for providing the necessary data for ticket customization or issuance, ensuring that they are correct and complete. Any error or omission in the information provided shall be the sole responsibility of the buyer and may affect the validity or delivery of the personalized tickets.

In case the purchased tickets are not valid and do not allow the buyer to access the event, the buyer must immediately notify the platform. The platform will, as far as possible, contact the seller to request new tickets or seek alternatives to offer the buyer. Additionally, the buyer must notify the Platform within 5 days from the date of the event. The buyer may need to provide additional evidence that the ticket did not entitle them to access the Event, so they should request documentation from the Event staff regarding the denial of entry and the reason for it.

For clarification purposes, any claim for non-receipt of the ticket(s), invalidity of the ticket(s), or denial of entry to the Event must be made no later than 120 hours (5 days) after the end time of the Event in question. Unless such a claim has been made, the funds received will be made available to the seller automatically.

Withdrawals and claims must be made by submitting a request to the Platform through the contact form or email [email protected] within 10 calendar days from the date the event cancellation was officially communicated. After this period, it will be understood that the User does not wish to request a refund and waives any claim in this regard. 

Upon notification of a claim within the deadline, the payment of the Sales Price to the Seller will be blocked until the parties declare that the matter has been resolved or until it has been resolved by decision of Pointicket. Once a claim has been filed, the seller will be offered the opportunity to make allegations, and a decision will normally be made within one month.

Pointicket shall have the right to declare a withdrawal from the sales contract against the seller if the legally stipulated conditions or the conditions set forth in these Terms of Use are met. Therefore, Pointicket is also authorized to accept statements of withdrawal from the buyer.

If the conditions for withdrawal are met, the Sales Price will be refunded to the buyer using the payment method used in the purchase or reservation process.

This contract with the User does not constitute any right for the buyer against Pointicket or other persons due to a withdrawal from the sales contract. In particular, the buyer cannot request that Pointicket or other persons enforce rights they may have against the seller. For clarification purposes, the buyer will not receive a refund for the ticket(s) that have not been downloaded, sent by courier or email in accordance with the delivery conditions, whose delivery the buyer has refused, has refused to rearrange, or has not collected from the courier company, or that the buyer has not received on purpose or in breach of the contract with the seller regarding delivery. The buyer must actively try to locate the ticket(s) if they have been lost or if the courier company has delayed delivery, or if other reasons apply. The buyer must also contact Pointicket in these cases and offer it the opportunity to contact the seller and resolve the matter in question.

If the Event is postponed to another date or held at another venue (which includes rescheduling a canceled Event), the buyer will not be contractually entitled to receive a refund of the ticket price or any expenses incurred, whether from the seller or Pointicket, as long as the purchased ticket(s) is/are valid for the new date or venue.

2.5. Format and Delivery Time

The ticket(s) will be sent in PDF format (eTicket, print@home) to the User's email address used for the reservation. Each purchase has an identification number, which will be the purchase number. The user must print their tickets and bring them to the event. They can also show them on their mobile device.

Generally, event organizers usually distribute tickets a few days before the event ("delayed tickets"). Therefore, for organizational and security reasons, the ticket(s) will be sent the week of the event, meaning the buyer will receive the tickets between 5 days and 24 hours before the event date. In exceptional circumstances, the buyer may receive the tickets up to 4 hours before the event.

For last-minute purchases:

- Purchases made less than 2 days before the event. The delivery deadline is 6 hours before the Event.
- Purchases made less than 10 hours before the event. The delivery deadline is 3 hours before the Event.
- Purchases made less than 4 hours before the event. The delivery deadline is 2 hours before the Event.

"Delivery" refers to the delivery of the ticket(s) to the email address with which the User registered and made the purchase. The delivery times are based on the start time of the Event.
If a delivery is not made within the mentioned period, the buyer must contact Pointicket directly and as soon as possible through the contact form.
In case the tickets have not been delivered to the buyer within the stipulated period, Pointicket may search for other sellers to find replacement tickets that are similar, superior, or inferior.

3. Special Conditions for Sellers

3.1 Terms and Conditions of Ticket Sales

Pointicket has the right and may be legally obligated to verify price limits for event tickets. The seller will receive information about which events will be affected by such limits on the Platform during the ticket listing process or via email. Tickets will not be offered on the Platform for events that violate legal provisions or are contrary to basic civility.

Listing a ticket on the Platform constitutes a binding offer to enter into a contract between the seller and potential buyer to purchase the tickets at the price set by the seller. The seller will remain bound by their offer until the date of the event. It is possible to modify the listing details or withdraw listings published by the seller through the platform, and any modification or withdrawal will only take effect after it has been made. If the seller is unable to withdraw or modify the listing, i.e., due to errors on the website or network problems, they must immediately inform Pointicket by email or through the contact form.

If, after a sale is completed, the seller detects an obvious error in the offer (error in expression or content), they may, without prejudice to their legal rights, send a written request to Pointicket to correct or cancel the purchase, stating the reasons for the request. Unless the law provides otherwise, there is no right to demand that the purchase be modified or canceled. Hereby, Pointicket informs sellers that they may be required to pay penalties and damages to Pointicket if a contract is not properly executed. Such indemnities will be determined solely by Pointicket and may also include damages to Pointicket and the costs of resolving the situation. The minimum indemnity is equal to 100% of the seller's price for the tickets sold, including shipping costs and Pointicket fees. In special cases, penalties and damages may exceed 100%. This situation will normally occur if market prices are very volatile, and the buyer has had to pay much more to replace the originally purchased tickets. Pointicket will study such cases based on market historical data and will notify the seller if a special situation of such characteristics arises. Pointicket will also offer the seller the opportunity to provide their observations before making a final decision.

By posting an offer on the Platform, the seller guarantees that they have the right to sell and transfer the tickets listed to the buyer. In particular, the seller guarantees that the sale is not subject to any legally valid restrictions imposed by the Event organizer or that the tickets can be sold on the secondary market without legal restrictions, and that all corresponding data, concessions, or limitations necessary for the buyer to make a reservation-free purchase are properly specified in the listing. If tickets are also offered for sale on other websites and are no longer available because they have been sold on a third-party platform, they must be immediately removed from the Platform. Hereby, Pointicket informs sellers that they may be required to pay damages to Pointicket. The seller authorizes Pointicket to make charges on any account, future payment, or card registered in the seller's name on the Platform.

The seller confirms when creating a listing on the platform that they have not used any automated robot, false information, or used someone else's identity to purchase the tickets offered. Tickets for some events may not be legally offered from some countries. These restrictions will be shown in the sales process, and consequently, they need to be confirmed before creating the listing. Any violation of these terms will result in a permanent ban from the platform.

The seller guarantees that the data and information about events provided in the listing (e.g., age restrictions or usage restrictions) and on the tickets are correct and comprehensive, particularly regarding the original price, date, zone, row, seat, and category (e.g., restricted views, potentially restricted views, wheelchair space, designated wheelchair area, wheelchair access, etc.) of the ticket. If the tickets are for special followers of a team, this information must be added in the concessions. The seller will also provide the buyer with all information, data, and documents (including the terms and conditions of the Event organizer, if any) related to the event. Also, all information regarding the tickets and their characteristics must be provided objectively.

The Seller grants authorization to Pointicket to modify a listing if the category, section, concession, or other information provided for that listing is incorrect or does not conform to the optimal information structure for the listing page on Pointicket, or if the Seller does not add them correctly. Pointicket will never modify the prices or adjustments of the listing. The Seller will be notified by email if Pointicket has modified a listing. The Seller is obligated to verify the listing and, if necessary, pause/delete it if it does not correspond to the correct characteristics of the tickets after the modification. The seller may also contact Pointicket if changes to a listing are necessary.

If, after posting a Ticket on the Platform, there are any doubts regarding its authenticity or the Seller's right to sell it, Pointicket shall have the right to remove the offer in question, after consulting with the Seller when necessary.

By registering and posting tickets, sellers undertake to comply with consumer protection provisions, including pre-contractual information obligations and notification of any cancellation rights the buyer may have. The seller may specify the specific terms of the listing (not mandatory). Specific listing terms must not be contrary to Pointicket's Terms and Conditions. Pointicket may suspend or remove offers from the seller if it becomes aware of unlawful conduct by the seller, particularly regarding compliance with consumer protection rules.

The seller is responsible for any refund received through card systems because a product has not been delivered, does not match its description, or for similar reasons. Pointicket may withhold funds from the seller's account if it has reason to believe that a refund may occur. Funds may be withheld for up to 120 days from the date of the Event. Pointicket may also withhold funds if it has reason to believe that the seller is involved in fraud or other illegal practices. In this case, Pointicket will request verification data from the seller.

Due to its contractual and privacy obligations to third parties, i.e., financial partners, Pointicket may not disclose details of the reasons for withholding funds other than those indicated in the preceding sections.

Contractual relationships regarding ticket purchases will arise exclusively between the respective seller and the buyer who accepted the offer. The seller must not contact the buyer directly by email, telephone, or social networks to transact outside the Platform. By doing so, they will be excluded from the Platform, and Pointicket may withhold funds or payments.

3.2. Payments to the Seller and Seller's Obligations Default

The purchase price (ticket price plus any reimbursable shipping costs) paid into the seller's account will be transferred to the reference account upon the seller's request through the user's admin panel on the Platform and will be available within 10 days after the Event ends. The payment processing time once initiated will depend on the seller's country and is usually 2-5 business days. For high-value Events, payments may be delayed due to a risk assessment. If correct payment details are not provided, processing may be further delayed. Payment release will be processed as described above, unless:

- The buyer has validly declared a withdrawal, e.g., because (i) the seller did not send the ticket in due time, (ii) the ticket does not correspond to what was requested and the seller cannot deliver it in due time or at all, or (iii) the ticket is invalid. However, in these cases, the payment amount will be released immediately if the issue is resolved in favor of the seller.
- The shipping or delivery of the ticket(s) is not recorded in Pointicket.
- The buyer's payment provider has initiated a payment refund.
- The Event has been definitively canceled due to incidents, i.e., the person or group of people do not attend, or unforeseeable causes such as natural disasters, wars, uprisings, nuclear explosions, pandemics, or terrorist acts.

The request for Payment to Bank Accounts from the Seller's Profile normally takes between 2 and 10 days to be approved and reach the seller's bank account; however, this may take longer to process. For accounts outside of Europe or for sellers outside of Europe or the UK, payment processing may take much longer.

Pointicket shall have the right to declare a withdrawal from the purchase contract on behalf and representation of the buyer if the legally prescribed conditions or the conditions set forth in these Terms of Use are met. In the context of withdrawal, the seller will not receive the sale payment. Paper tickets already received by the buyer must be returned to the seller at the seller's expense.

In the event of Event cancellation and the seller needing the tickets to receive the purchase price from the organizer or promoter, the seller shall immediately notify the buyer and Pointicket's customer support team after such cancellation.

In specific cases and at the seller's request, Pointicket may reimburse the purchase price to the seller without accepting any legal obligation, e.g., in case of fraud committed by the buyer with a credit card.

Any contract related to the Trusted Seller program for payment in advance of the seller's outstanding balance must be formalized in writing and may be canceled at any time if Pointicket considers its risk to be unacceptable.

The buyer of a ticket may not assert rights against Pointicket or the payment gateway under this clause.

3.3. Ticket Delivery

The seller may use the shipping options offered on the Platform.

For electronic tickets, Pointicket will provide the buyer with access to the ticket through the Platform for download.

In the case of paper tickets, the seller is required to retain the shipping tracking number and provide this number to Pointicket up to 6 months after the Event.

In the case of sending mobile tickets directly to the buyer, documentation of the corresponding information, a screenshot of the sent tickets, or download links must be retained as proof. For high-value tickets, Pointicket may request proof of shipment or delivery before authorizing any payment.

If tickets are delivered in person, the seller may only deliver directly to the buyer. The seller is obligated to verify the buyer's identity and obtain a signature certifying receipt of the ticket(s). In case of dispute, it is the seller's responsibility to prove that the buyer received the ticket(s).

By posting a listing, the seller confirms they are the holder of the ticket. The seller must deliver the tickets to the buyer between 5 days and 24 hours before the event start time.

For last-minute sales:
- Sales made less than 2 days before the event. The delivery deadline is 6 hours before the Event.
- Sales made less than 10 hours before the event. The delivery deadline is 3 hours before the Event.
- Sales made less than 4 hours before the event. The delivery deadline is 2 hours before the Event.

For paper ticket sales, the delivery deadline is 7 days before the start of the Event. By "delivery," it is understood as delivery to the registered buyer's address, in-person delivery, or shipping of tickets by express courier with tracking.

For tickets with hand delivery to the buyer: the delivery deadline is 3 hours before the Event.

The delivery deadline indicated corresponds to the purchase contract with the buyer. The seller bears the risk that the tickets are not received on time, unless the buyer is clearly responsible for the non-receipt or delay. Any failure to deliver on time by the courier company is the seller's responsibility, unless the buyer rejects such delivery. If the shipment by the courier service is made shortly before the delivery deadline, the seller will ensure that the tickets arrive on time at the buyer's address.

Pointicket will notify the seller as soon as the purchase price has been paid into the Seller's Account.

If the seller does not send or deliver the tickets before the delivery deadline, the buyer (without prejudice to the rights they have by law) shall have the right to withdraw from the purchase contract, unless the buyer agrees to a different delivery date or the buyer has caused the non-delivery or delay. If the buyer does not inform.

For tickets delivered on paper, the deadline for delivery is 7 days before the start of the Event. "Delivery" refers to delivery to the registered buyer's address, in-person delivery, or delivery of tickets by express courier with tracking.

For tickets with hand delivery to the buyer: the deadline for delivery is 3 hours before the Event.

The deadline for delivery corresponds to the purchase contract with the buyer. The seller bears the risk that the tickets are not received in a timely manner, unless the buyer is clearly responsible for the lack of receipt or delay. Any punctual delivery failure by the courier company is the seller's responsibility, unless the buyer rejects such delivery. If the shipment by the courier service is made shortly before the deadline, the seller will ensure that the tickets arrive on time at the buyer's address.

Pointicket will notify the seller as soon as the purchase price has been credited to the Seller's Account.

If the seller does not send or deliver the tickets before the deadline, the buyer (without prejudice to the rights granted to him by law) shall have the right to withdraw from the sales contract, unless the buyer accepts a different delivery date or the buyer has caused the lack of delivery or delay. If the buyer does not say

If the Event is postponed to another date or held in another venue (which includes the rescheduling of a canceled Event), the purchase will remain binding as long as the tickets are valid for the new date or venue. In these cases, the seller must, if requested, provide evidence that the original tickets are no longer valid and that this could be opted for with the Event organizer.

If the buyer does not use the ticket(s) or does not attend the Event for reasons caused by third parties, namely, but not limited to, riots, traffic jams, or natural disasters, such non-use or attendance shall not be the responsibility of the seller.

If the organizer personalizes the tickets, it is the seller's responsibility to ensure that the correct details are added to the tickets. It is the buyer's responsibility to provide the necessary information to issue or personalize the tickets. Pointicket shares the Buyer's details with the Seller after the Purchase. The Seller confirms that they will not conduct transactions with the Buyer outside the platform.

4. Data Protection and Privacy Policies

4.1. Compliance with applicable regulations

Your personal data is used by THE COMPANY that possesses them for their treatment, in accordance with the principles of protection of personal data established by the Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights, Law 34/2002, of July 11, of information society services and electronic commerce and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, so that they are never transferred to third parties, while ensuring that the user’s personal data are used and processed correctly.

Likewise, the Platform informs that it complies with Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and will request the User’s consent for the processing of his/her email for commercial purposes at all times, in order to inform them, by any means, including e-mail, of products and services of the Platform.

The provision of data is compulsory for all that is required by legal and contractual obligations and, therefore, any refusal to provide them in whole or in part may result in the impossibility of providing the required services. The company processes user data on the basis of consent, i.e. by explicitly approving this privacy policy and in relation to the form and purposes described. Only the owner will have access to his/her data, and under no circumstances will this data be given, shared, transferred or sold to any third party.

If you do not authorize the processing of your data for the purpose indicated above, you may exercise your right to oppose the processing of your data under the terms and conditions provided below in the contact email [email protected].

4.2. Purpose of data processing

We inform you that the data will be processed through electronic and paper means for the following purposes:

User management (contracts, orders, shipments and invoices)

Compliance with legal obligations related to business operations

Provision of required services

Consulting activities

Preventive/commercial processing

Dispute management (contracts, orders, arrivals, invoices)

Internal control services (safety, productivity, quality of service)

Sending courtesy communications and/or promotional/information material

If you refuse to allow your personal data to be processed, you will not be able to use the service requested by you. Therefore, the confidentiality of the User’s personal data will always be respected and will only be used for the purpose of managing the services offered, dealing with any requests that may arise, carrying out administrative tasks, as well as sending technical, commercial or advertising information by electronic means.

4.3 Exercise of ARCO Rights: Access, Rectification, Cancellation and Opposition

In accordance with the European Regulation 679/2016 (RGPD) and the national legislation, those individuals who have provided their data through the Platform , may contact the owner of the same in order to exercise their rights of access, rectification, cancellation and opposition with respect to the data included in their files.

The interested party may exercise their ARCO rights at any time by virtue of Articles 15 and following of Regulation EU 2016/679, by sending a communication to the Platform with the reference “Data Protection”, specifying their data, accrediting their identity and the reasons for their request to the following e-mail address: [email protected].

4.4. Retention period

The data required for contractual and accounting purposes are kept for the time necessary to carry out the business and accounting relationship. The data of those who do not purchase or use products/services, even if they have had previous contact with the company’s representatives, will be immediately deleted or processed in an anonymous form, if their retention is not otherwise justified, unless the informed consent of the data subjects has been validly acquired in connection with a subsequent commercial promotion or market research activity. The data will be processed during the development of the existing business relationship and for the next ten years from the date of acquisition of the relationship.

4.5. Cookie policy

A “cookie” is a text file stored on the user’s computer when the user accesses a website for the purpose of providing information each time the user returns to the same site.

It is a reminder of the website visited. With the cookie, the web server sends information to the user’s browser (Internet Explorer, Mozilla Firefox, Google Chrome, etc.) stored on the user’s computer, and will be read and updated each time the user returns to the site. This allows the website to automatically adapt to the user. While browsing, the user may also receive cookies from different sites (third-party cookies) on his or her terminal, set directly by the operators of those websites and used for the purposes and in the manner defined by them.

Depending on their duration, they are distinguished into session cookies (i.e. temporary cookies and are automatically deleted from the terminal at the end of the browsing session by closing the browser) and persistent cookies (i.e. those that remain stored in the terminal until they expire or are deleted by the user). Depending on the function and purpose of use, cookies can be divided into technical cookies and profile cookies.

The Platform on its own account or that of a third party contracted to provide measurement services, may use cookies when the user navigates the website. Cookies are files sent to the browser by means of a web service with the aim of recording the user’s activities during their time on the site.

The cookies used are only associated with an anonymous user and his/her computer, and do not themselves provide the user’s personal data.

Through the use of cookies it is possible that the server where the website is located recognizes the web browser used by the user in order to make navigation easier. They are also used to measure the audience and traffic parameters, control the process and number of entries.

The user has the possibility of configuring their browser to be warned of the reception of cookies and to prevent their installation on their computer. Please consult your browser’s instructions and manuals for more information.

To use the website it is not necessary that the user allows the installation of cookies sent to the website, or the third party acting on its behalf, without prejudice to the fact that it is necessary for the user to initiate such a session in each of the services whose provision requires prior registration.

In any case, the cookies have a temporary nature with the sole purpose of making their subsequent transmission more efficient. Under no circumstances will cookies be used to collect personal information.

The Platform uses various types of cookies (technical, analytical and social) solely for the purpose of improving the user’s navigation on the website, without any type of advertising or similar purpose, for the analysis and compilation of statistics on the user’s navigation on the website, as well as for sharing content on social networks.

The acceptance of this privacy policy implies that the user has been informed in a clear and complete way about the use of storage and recovery devices of data (cookies) as well as that elabogadodigital.com has the consent of the user for the use of the same ones as it is established in the article 22 of the Law 34/2002, of July 11, of Services of the Society of the Information and Electronic Trade.

The use of these cookies requires the prior acquisition of the user’s free informed consent under Article 7 of EU Regulation 2016/679. Third-party cookies It can also happen that a website contains cookies from other sites and content in various elements hosted on the website itself, such as banner ads, images, videos, maps or specific links to websites from other domains that reside on servers other than the one where the requested page is located.

The main functions of the cookies installed by the Platform are technical, they are used to constantly improve the Service, for authentication, for statistical purposes, such as counting visits to the site. Therefore, the use of cookies is strictly aimed at facilitating server functions while browsing the Service.

The Platform also allows the sending of the following third-party cookies. These cookies are not tools of our own, for more information, you can access the information and ways to acquire the consent of third parties by clicking on the links provided.

To improve the website and understand which parts or elements are most appreciated by users, Google Analytics’ third party cookies are used as an anonymous, aggregated analysis tool. These cookies are not own tools, for more information, therefore, you can consult the information provided by Google.

The website pages incorporate some Facebook and Google Plus widgets and sharing buttons, to allow users to share website content in their social channels, and interact with our channels. These cookies are not our own tools, but are created respectively by Facebook and Google when the respective widget or share button is used. For more information, please visit the following information pages: Facebook and Google.

Some web pages incorporate YouTube video content into them. When you visit a page that contains a video or click to view the video, YouTube cookies may be returned. These cookies are not tools that we have. For more information, please visit the Google information page.

The website may use Facebook Ads programs operated by Facebook Inc., Google Adwords and Google Remarketing technology operated by Google Inc. Facebook ADS and AdWords conversion tracking functionality also uses cookies to help us track sales and other conversions.

Users can manage their cookie preferences through the functions present in common browsers that allow them to delete/delete cookies (all or some) or change the settings of the browser itself in order to block the sending of cookies or limit it to specific sites (as opposed to others). It is therefore possible to refuse the use of cookies, following the deactivation procedure provided by your browser.

The Platform site also incorporates plugins and/or commands for social networks, in order to allow the easy exchange of content on your favorite social networks. These plugins are programmed not to set cookies at the access to the site, in order to safeguard the privacy of the users. If necessary, cookies are set, if provided by the social networks, only when the user makes effective and voluntary use of the Plugin. Please note that if the user navigates by logging in to the social network, he has already given his consent to the use of cookies transmitted through this site at the time of registration to the social network.

The collection and use of information obtained through the Plugin is regulated by the respective privacy policies of the social networks, to which reference is made.

The Platform reserves the right to modify its Privacy Policy, according to its own criteria, motivated by a legislative, jurisprudential or doctrinal change of the Estonia Data Protection Agency, so the User is invited to consult this page periodically.

4.6. Minors

The Platform is not intended for minors. The owner of the website declines any responsibility for failure to comply with this requirement.

4.7. Treatment manager

The person responsible for the data file is: Pointicket Market, Tornimäe tn 3 // 5 // 7, 10145, Tallinn, Estonia, mail: [email protected].

4.8. Linking policy

Persons or entities that intend to make or make a hyperlink from a web page of another Internet portal to the the Platform website must submit to the following conditions:

The total or partial reproduction of any of the services or contents of the website is not allowed without the previous express authorization of the Platform.

No deep-links or IMG or image links or frames will be established with the website of the Platform without its prior express authorization.

No false, inaccurate or incorrect on the website of the Platform, nor on the services or contents of the same. Except for those signs that are part of the hyperlink, the web page in which it is established will not contain any mark, commercial name, label of establishment, denomination, logo, slogan or other distinguishing signs pertaining to the Platform, unless express authorization of this one.

The establishment of the hyperlink will not imply the existence of relations between the Platform and the owner of the web page or portal from which it is carried out, nor the knowledge and acceptance of the Platform of the services and contents offered in said web page or portal.

The Platform will not be responsible for the contents or services made available to the public on the web page or portal from which the hyperlink is made, nor for the information and statements included in them.

The Platform may make available to the user connections and links to other websites managed and controlled by third parties. These links have the exclusive function of facilitating users to search for information, content and services on the Internet, without in any case being considered a suggestion, recommendation or invitation to visit them.

The Platform does not assume any type of responsibility, not even indirectly or subsidiarily, for damages of any kind that could be derived from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered in the websites not managed by the Platform and that are accessible through the Platform.

4.9. Intellectual and industrial property

The Platform by itself or as a transferee, is the owner of all rights over the software of the digital publication as well as the intellectual and industrial property rights of its website, and of the elements contained therein (by way of illustration, images, sound, audio, video, software or texts; brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by the Platform. All rights reserved.

Any use not previously authorized by the Platform, will be considered a serious breach of the author’s intellectual or industrial property rights. It is expressly forbidden to reproduce, distribute and publicly communicate, including making available, all or part of the contents of this website, for commercial purposes, in any format and by any technical means, without the authorisation of the Platform. The User undertakes to respect the Intellectual and Industrial Property rights owned by the Platform.

All the products and services that are not property of the Platform are registered trademarks of their respective owners and are recognized as such by our company.

The contents of this site are subject to careful review and regular verification. However, no guarantee is given for the completeness, topicality and correctness of the data on this website. All data is therefore subject to error and change. The user assumes all responsibility for access to and use of this site and all its contents. References to other internet pages are a characteristic element of the www environment. The contents of all pages referred to here are not a component part of this page. Any guarantee or liability for contents or substantial changes on the referred pages is explicitly excluded. The use, in particular the reproduction, distribution and sale of the contents of this site for commercial purposes is prohibited.

4.10. Exclusion of guarantees and responsibility

The Platform is not responsible, in any case, for the damages of any nature that could be caused, by way of example: by errors or omissions in the contents, by lack of availability of the website – which will periodically stop for technical maintenance – as well as by the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid this.

Neither will the company be held responsible for any damages that may occur due to faults or poor configuration of the software installed on the Internet user’s computer. Any responsibility for any technical incident or failure that occurs when the user connects to the Internet is excluded. Likewise, no guarantee is given that there will be no interruptions or errors in access to the website.

Likewise, the Platform reserves the right to update, modify or eliminate the information contained on its website, as well as the configuration or presentation of the same, at any time without assuming any responsibility for it. Also the Platform reserves the right to deny or withdraw access to the portal and / or services offered without prior notice, at its own request or that of a third party, to those users who do not comply with the Terms and Conditions.

The Platform may at any time modify the conditions determined here, being duly published as they appear here. The validity of these conditions will depend on their exposure and will remain in force until they are modified by other duly published conditions.

4.11. Security Measures

The Platform will pursue the breach of these conditions as well as any misuse of its website exercising all civil and criminal actions that may fall under the law.

The Platform informs you that it has implemented the necessary technical and organizational security measures to guarantee the security of your personal data and to avoid its alteration, loss and unauthorized processing and/or access, taking into account the state of the technology, the nature of the data stored and the risks to which it is exposed, whether these risks are caused by human action or by the physical or natural environment. All this in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

Likewise, the Platform has established additional measures in order to reinforce the confidentiality and integrity of the information in its organization, maintaining continuous supervision, control and evaluation of the processes to ensure the respect of the privacy of the data.