Terms of Sales

 

By registering on the DigitalEventSys.com service you agree to be bound by the terms agreed below (“Terms of Service”). The services offered by DigitalEventSys.com under the terms and conditions include different products and services to help you create and manage a multi-vendor marketplace, whether it is an e-commerce marketplace of products or services. (“online services”), a connection platform without payment (“native services”), or both. Each tool or feature that is added to these Services is also subject to the Terms of Service.

 

You may review the current version of the Terms of Service at any time at https://www.DigitalEventSys.com/terms .

 

DigitalEventSys.com reserves the right to update or change the Terms of Service by posting updates and changes to its website. We encourage you to check the Terms of Service from time to time for any updates and changes or any changes that may affect the DigitalEventSys.com service.

We remind you that you must read, accept and consent to all the terms and conditions set out in these general conditions of use and in the DigitalEventSys.com privacy policy before becoming a DigitalEventSys.com user.

Use of DigitalEventSys.com or any DigitalEventSys.com service constitutes acceptance of these terms. Changes may be made periodically.

 

These terms and conditions ("Terms", "Terms and Conditions") govern your relationship with the website https://DigitalEventSys.com.com/ (the "Service") managed by Sas DIGITAL EVENT SYSTEM under ("we", " our", and "our"). Please read these Terms carefully before using the Service. Your access to and use of this Service signifies your acceptance of and compliance with the following Terms. These Terms apply to all visitors and users of this Service.

By using the Service, you agree to comply with the Terms and assume all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.

You may not use the DigitalEventSys.com service for any illegal or unauthorized purpose and you may not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to), or laws French. You will comply with all applicable laws, rules and regulations in your use of the Service.

DigitalEventSys.com is a service managed by Sas DIGITAL EVENT SYSTEM under the number SIRET 902 830 975 00014, and whose head office is located at 10 rue Federico Garcia Lorca in Reims (51100). DigitalEventSys.com offers a booking guide, via its DigitalEventSys.com website, allowing you to book all types of events. DigitalEventSys.com makes the Site available to make an offer and then, if necessary, a direct sale between the Merchant and the Customer. 

DigitalEventSys.com is in no way the seller of the Products offered for sale and purchased through the Site. The General Conditions of Sale below apply to the services of the Site without restriction or reservation.

 

Article 1 – Definitions

 

Site: refers to the website hosted under the domain names DigitalEventSys.com and all sub-domains: [sub-domain].DigitalEventSys.com

Customer: designates any natural person who is not a trader purchasing on the Site

Merchant: refers to professional sellers, companies independent of DigitalEventSys.com, offering for sale on the Site, event reservation tickets

DigitalEventSys.com: designates the service and commercial name used by SAS DIGITAL EVENT SYSTEM. 

Account: refers to the connection account allowing the Customer to connect to the Site, giving access to his Customer space

Order: refers to the request made by the Customer

Delivery: refers to the receipt of the Product by the Customer, in this case the reservation ticket,

Product: refers to the reservation tickets offered for sale on the Site

Personal Data: any information relating to a natural person identified or who can be identified, directly or indirectly.

Customer General Conditions of Use: means the general conditions of use that apply to any Customer accessing the Site, also referred to as “Customer Terms”

Merchant General Terms and Conditions of Use: means the general terms and conditions of use that apply to any Merchant using the Site, also referred to as “Merchant Terms”

General Conditions of Sale: designate the general conditions of sale which are the subject of these presents which apply to any Customer using the Site, also referred to as "GTC".

 

Article 2 – Purpose and scope

 

The purpose of these General Terms and Conditions of Sale (hereinafter the “GTS”) is to define the terms and conditions for making the Site available as well as the conditions for the distance selling of Products on the Site.

Thus the GCS apply to all sales of Products made through the Site, between the Customer and the Merchant. DigitalEventSys.com cannot be considered as the seller of the Products purchased through the Site, and only the Merchant whose identity is indicated on the Product sheet is the Customer's contracting party for the sale of the Products.

They can be consulted on the Site and accessible by a click at the time of acceptance of payment for the Order.

Any Order implies the Customer's unreserved acceptance and full and complete adherence to these GCS.

These T&Cs do not exclude the possibility for the Merchant to have General Terms and Conditions of Sale which are specific to him and which must be accessible to the Customer on the Merchant's web page for any sale made on his site.

These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Customer Use and by the General Terms and Conditions of Merchant Use.

 

Article 3 – Provision of the site

 

Article 3.1 – Use of the Site by Customers

The Site can be used by any Client.

The use of the Site by Customers is free, with no obligation to purchase. To acquire the Products offered for sale through the Site, the Customer must refer to Article 4.

Article 3.2 – Use of the Site by Merchants

The commercial relations between the Merchants and DigitalEventSys.com are governed by the Merchant T&Cs, which specifies the commitments to which they are bound for the purpose of selling the Products on the Site.

If the Merchant does not respect the contractual commitments, DigitalEventSys.com will reserve the right to delist the Merchant's Products on the Site and, if necessary, to terminate the contractual relationship binding it to the latter.

Article 3.3 – Comparison and classification of Products

The Site service is free or paid for by Merchants, depending on the offer chosen. These pricing conditions have an impact on the classification of the Merchants' offers.

The Products offered by the Merchants on the Site are classified by category of Products.

The Site provides Customers with different criteria for classifying Products, which the Customer selects according to his preferences. 

Article 3.4 – Product sheet

Each Product offered for sale by the Merchant is described on a Product sheet on the Site, containing the following information:

      

    • The title of the event

    • The precise name of the event

    • Event dates

    • Pictures, videos

    • the location of the geolocated event on an interactive map (OpenstreetMap)

    • the free ticket or the sale price of the ticket on the Site

    • Any commercial guarantees applicable to the event

    • The existence or not of a right of withdrawal on the Product in accordance with the provisions of the Consumer Code.

    • The Merchant's General Terms and Conditions of Sale

Article 3.5 – DigitalEventSys.com Messaging

The Customer has the possibility of contacting DigitalEventSys.com and the Merchant by means of the messaging system accessible on his Account, for any request for information relating to his Order.

 

Article 4 – Order

 

Article 4.1 - Identification of the Customer

The Customer must have the legal capacity allowing him to contract.

To place an Order, the Customer must identify himself and create an Account with his surname, first name, license number, e-mail and password (see Customer Terms for help with creating an Account).

The creation of an account is prohibited for minors under the age of 18.

Article 4.2 – Registration and validation of the Order

The Order of the Products can be made through the Site or directly on the Merchant's online store or physical store.

If the Order is made outside the Site, the Customer by clicking on the Product is redirected to the Merchant's online site or to the contact details of the Merchant's store. The Order will then be directly processed by the Merchant according to its General Conditions of Sale.

In this case, these Terms and Conditions of the DigitalEventSys.com Site will no longer apply to the Customer.

If the Order is made through the Site, the terms are as follows:

    • The Customer adds the Product(s) he wishes to purchase to his basket.  

    • The Customer checks his Order and the total price indicated

    • The Customer validates his Order by clicking on "order" and reads the T&Cs via a link, and accepts them by ticking the words "acceptance of the T&Cs".

    • The reservation ticket

    • The Customer proceeds to the payment of the Order and receives a confirmation email of taking into account of his Order as well as the reservation ticket of the event in printable pdf file, This file will also be available in the management of his account, 

    • DigitalEventSys.com notifies the Merchant of the Order of Products by email via the API on its information system or via its Merchant space on the Site

    • The Merchant is bound by the Customer's Order, upon receipt of the notification informing him of the Customer's Order.

    • The Merchant will send his invoice to the Customer on Delivery of the Product ordered in the package.

For any question relating to the Order, the Customer has the possibility of contacting the Merchant through his DigitalEventSys.com messaging service.

 

Article 5 – Pricing conditions

 

Article 5.1 – Product Prices

The price of the Products for sale on the Site is set freely by the Merchant and is not negotiable by the Customer.

The price is indicated in euros all taxes included (TTC).

The prices of the Products are those in force at the time of registration of the Order.

Article 5.2 – Methods of payment

If the Order is made on the Merchant's online store, that is to say outside the Site, the payment methods are then processed by the Merchant according to its General Conditions of Sale.

In this case, the Terms and Conditions of the DigitalEventSys.com Site will no longer apply to the Customer.

If the Order is made through the Site, the Customer must pay for the Products at the time of the Order using one of the following options:

    • By non-paying reservation if the option is chosen, the payment is made between the customer and the merchant then at the entrance of this event. 

    • By credit card (Visa, credit card, Mastercard) with the possibility of registering the card

      

Article 6 – Delivery of the Order by the Merchant

     

Article 6.1 – Delivery costs

No delivery costs,

Article 6.2 – Method of Delivery

DigitalEventSys.com does not deliver or send any reservation ticket by post. The ticket(s) are sent exclusively by e-mail to the customer.

          

Article 6.3 – Delivery Date

The Merchant undertakes to ship the Products or to make the Products available to the Customer within a maximum period of one business day from receipt by the Merchant of the Order transmitted by DigitalEventSys.com.

If the delivery deadline is exceeded, in accordance with article L216-2 of the Consumer Code, the Customer must inform the Merchant via the DigitalEventSys.com messaging service and give him formal notice to deliver it within an additional period. reasonable in order to fulfill the Order.

If at the end of this additional period the Delivery has still not been made, and if the non-Delivery is not attributable to the Customer, the Customer may cancel his Order in writing by means of the DigitalEventSys.com messaging system. .

The Merchant will then refund the price paid by the Customer.

 

Article 7 – Right of withdrawal   

 

In accordance with article L221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen (14) days to exercise his right of withdrawal, without having to justify his decision, nor to pay a penalty, end of exchange or refund.

The Customer shall exercise his right of withdrawal directly from the Merchant, informing him unambiguously of his wish to withdraw, by completing the form available on his Account.

This entry by the Customer will automatically generate a notification sent by email to the Merchant.

The Merchant undertakes to acknowledge receipt of the Customers' request by using the DigitalEventSys.com messaging provided on the Site, within a maximum of 24 working hours, except in the event of store closure. 

 

In the event that the solution proposed by the Merchant following the exercise of his rights by the Customer does not fully satisfy the Customer, DigitalEventSys.com may, if it deems it necessary, contact the Customer in order to offer him a satisfactory solution.

DigitalEventSys.com and the Merchant will endeavor to collaborate in good faith to provide a satisfactory solution to the Customer.

      

Article 8 – Liability

      

Article 8.1- General

DigitalEventSys.com is not the owner of the Products, which remain the property of the Merchant. DigitalEventSys.com being only an intermediary between the Customer and the Merchant.

Article 8.2 – Liability of the Merchant

The Merchant assumes full responsibility with regard to the Products that he puts up for sale on the Site, and will deal with complaints relating to the Products alone.

The Merchant is solely responsible for compliance with the regulations applicable to the Products marketed on the Site, for the quality of the Products and for compliance with the intellectual property rights of third parties on the Products.

 

The Merchant agrees to immediately remove from the Site any event that is canceled for any reason whatsoever.

In the event of a complaint concerning the Products, the Customer must contact the Merchant through the DigitalEventSys.com messaging system made available.

The Merchant will settle the dispute between him and the Customer himself.

The Customer and the Merchant will make their best efforts to reach an amicable resolution of the dispute.

Article 8.3 – Responsibility of DigitalEventSys.com

DigitalEventSys.com is bound only by an obligation of means in the performance of the services offered on the Site.

The responsibility of DigitalEventSys.com cannot be engaged in the execution of a sale concluded between the Merchant and the Customer on the Site, in particular with regard to the conformity of the Product, the conformity of the offer of sale, the conditions execution of the after-sales service, the ownership of the intellectual property rights relating to the Products.

The responsibility of DigitalEventSys.com can only be engaged towards the Customer for facts which will be directly attributable to it in its capacity as intermediary and which will have caused direct damage to the Customer.

DigitalEventSys.com undertakes to make its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to provide users with all the features of the Site. .

The Site will be accessible 24 hours a day, 7 days a week.

By way of derogation, the Site may be temporarily unavailable during the curative or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of the occurrence of an event beyond the control of DigitalEventSys.com.

In the event of the occurrence of a technical failure affecting the operation of the Site, DigitalEventSys.com undertakes to make its best efforts to restore the operation of the Site as soon as possible.

DigitalEventSys.com cannot be held responsible for external intrusions, the presence of computer viruses in the Customer's computer system using the Site, any consequences of an alteration, total or partial, of the functioning of the Site resulting from improper use of the Site by the Customer, the non-functioning or slowness of the Customer's telecommunications network.

      

Article 9 – Warranties

      

Article 9.1 – Commercial guarantees

Certain Products for sale on the Site may benefit from a commercial guarantee granted by the Merchant.

The existence of this contractual guarantee is indicated in the Product sheet appearing on the Site.

Article 9.2 – Implementation of guarantees

In the event of a request for the implementation of a legal or contractual guarantee, the Customer must contact the Merchant by means of the DigitalEventSys.com messaging service.

The Merchant undertakes to acknowledge receipt of the Customers' request by using the DigitalEventSys.com messaging provided on the Site, within a maximum of 24 working hours, except in the event of closure of the company. Consequently, the Customer may consult the associated Product sheets indicating the closing periods, if applicable, so that the Customer has all the necessary information, in particular on the delivery times for the Products ordered.

The Merchant undertakes to provide a solution to the Customer within a maximum period of 48 working hours (except during closing periods) from the sending of the aforementioned acknowledgment of receipt, indicating to the Customer the possibility of opting for the refund or replacement of the Product.

In the event that the solution proposed by the Merchant following the exercise of his rights by the Customer, would not fully satisfy the Customer, the latter to formulate a complaint concerning a Product directly on the Site.

DigitalEventSys.com will inform the Merchant and they will endeavor to work together in good faith to provide a satisfactory solution to the Customer.

      

Article 10 – Force majeure

      

 DigitalEventSys.com cannot be held responsible for the non-execution or the delay in the execution of one of its obligations described in these GCS resulting from a case of force majeure, within the meaning of article 1218 of the Code. civil.

Will be considered as cases of force majeure all irresistible facts or circumstances external to DigitalEventSys.com, unforeseeable, unavoidable, beyond the control of DigitalEventSys.com, and which cannot be prevented by the latter, despite all reasonably possible efforts.

In addition to the cases retained by the legislation in force and French case law, are considered cases of force majeure, and this without being exhaustive, the following events:

        ◦ Blockages of networks and communication systems

        ◦ Total or partial strikes, lockouts, boycotts or similar events

        ◦ Hacker attacks.

        ◦ Pandemics and resulting administrative closures.

      

Article 11 – Personal data

      

 The Customer is informed that all the data collected within the framework of the operation of the Site, are processed by DigitalEventSys.com.

The Customer is invited to refer to the “Privacy Policy” tab of the Site to obtain all the information relating to this point.

      

Article 12 – Intellectual property

      

The Customer undertakes to respect the intellectual property rights of DigitalEventSys.com and in particular, all the elements of the Site including the content of the Site, the brands, the drawings, photographs, images, the texts, the general structure and the tree structure, graphic charters, databases, logos, domain names including in particular the name DigitalEventSys, all documents or files, any other distinctive sign present on the Site, including the underlying technology, belonging to DigitalEventSys.com which are protected by French and international laws relating to intellectual property.

No intellectual property rights may be transferred to the Customer.

Any total or partial reproduction of the intellectual property rights of DigitalEventSys.com is strictly prohibited and may constitute an infringement.

The Customer may refer to the DigitalEventSys.com Site for advertising and/or promotional purposes with the prior and express consent of DigitalEventSys.com.

Any violation of intellectual property rights engages the responsibility of the Customer.

      

Article 13 – Modification of the General Conditions of Sale

      

DigitalEventSys.com reserves the right to modify, update, rectify and this freely and at any time the present GTC with a view to respecting legislative, regulatory and/or jurisprudential developments.

Any modification will be directly applicable to the Customer.

If necessary, the new GCS will only apply to sales made after the modification and/or adaptation.

      

Article 14 – Clause deemed unwritten

      

 If one or more clauses of these GCS were to be declared void, these would be deemed unwritten without invalidating all of these.

      

Article 15 – Applicable law

      

These T&Cs are subject to the application of French law.

In the event that these T&Cs are translated into a foreign language, only the French text shall prevail in the event of a dispute over the acceptance of a term or provision herein.

 

Article 16 – Attribution of jurisdiction and settlement of disputes

Disputes that may arise between DigitalEventSys.com and the Customer will be subject to an attempt at amicable resolution, before any legal action.

In the event of a dispute between the Customer and DigitalEventSys.com relating to the GCS, the Customer is informed that, in accordance with the provisions of the Consumer Code, DigitalEventSys.com has appointed a mediator whom he may contact at the following address: 

The mediator will be the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) by accessing the online form at the following address: https://xrm.eudonet.com/V7/app /specif/EUDO_03047/FEVAD/Formulaire.aspx

      

At the end of the mediation, the mediator will propose a solution.

The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In the absence of an amicable agreement, any dispute will be brought before the courts within the jurisdiction of the registered office of DigitalEventSys.com, including in the event of multiple defendants, this being expressly accepted by the Customer.

 

Last update: May 03, 2021