General terms and conditions

 

Content
1. General information
2. Application domain
3. Conclusion of the agreement for delivery of tickets purchased online
4. Prices
5. Terms of payment
6. Exchanging or returning tickets
7. Lost or damaged tickets
8. Ticket purchaserís obligations during an event
9. General rules during an event
10. Disclaimer Fur Metal
11. Ticket Purchaserís liability
12. Data privacy
13. Changes of the GTC
14. Usage of the Fur Metal Website
15. Severability clause

1. General information

Fur Metal Productions (hereinafter referred to as ĄFur Metalď) organizes events (and sells tickets for those) under the same name in the range of Metal and Rock music. For events organized by Fur Metal the ticket purchaser can either buy them at the reservations offices (Watch the category ĄTicket pre-saleď) or order them online with postal delivery.

2. Application domain

For the utilisation of the ticket distribution services, the use of www.furmetal.ch for ticket purchasing purposes, and the purchase of tickets by persons domiciled in Switzerland or in any foreign country shall be exclusively governed by the version of these Standard Terms that is valid at the time the ticket purchaser tenders an offer (i.e. places an order).

3. Conclusion of the agreement for delivery of tickets purchased online

3.1 General information

The content of www.furmetal.ch shall not constitute an offer within the meaning of the Swiss Code of Obligations, and shall instead solely constitute an invitation for the ticket purchaser to tender an offer (i.e. place an order). The ticket purchaser shall submit the entirety of his offer (order) to Fur Metal via www.furmetal.ch.

3.2 Acceptance of orders placed online; sending tickets by mail

The ticket purchase contract shall become enforceable solely upon Fur Metalsís acceptance of the ticket purchaserís offer (order). Notification of such acceptance shall be emailed to the ticket purchaser at the email address provided by the ticket purchaser during the ordering procedure. Following acceptance of the ticket purchaserís order by Fur Metal, upon timely crediting of the relevant amount to the bank account indicated by Fur Metal the ticket shall be mailed to the postal address that was provided by the ticket purchaser during the ordering procedure by the shipping method that was provided by the ticket purchaser during the ordering procedure. The Ticket Purchaser shall assume any risk arising from postal delivery of ticket purchaserís ticket.

3.3 Delivery of an incorrect ticket (online)

The ticket purchaser shall notify Fur Metal within fourteen working days if any discrepancy is detected between the ticket ordered by the ticket purchaser and the ticket supplied by mail. In the absence of any such notification, the tickets sent to the ticket purchaser shall be deemed to have been accepted by the ticket purchaser.

4. Prices

4.1 General information

The ticket prices indicated at ticket outlets or at www.furmetal.ch shall be inclusive of value added tax (VAT).

4.2 Handling and mailing costs for phone and online purchases

Fur Metal shall assess a handling charge for online ticket purchases, insofar as such ticket is mailed to the ticket purchaser. Such charge shall include postage and all expenses and costs resulting from mailing the ticket, which are as follows: ticket booking, ticket printing, manual quality control, payment processing and mailing the ticket. Information regarding current handling charges is available at www.furmetal.ch.

5. Terms of payment

5.1 Purchase realised at a reservations office

Payment for tickets purchased at a reservations office shall be effected, depending on the capabilities of the reservations office, in cash, by credit card (Eurocard/MasterCard, Visa, AmericanExpress, or Diners Card), or by debit card (EC card, PostFinance Card). The invoicing of tickets purchased through a outlet shall be excluded.

5.2 Online purchases

Payment of online orders shall be realised via using bank transfer against an invoice within fifteen working days of order by the ticket purchaser. If payment of said invoice is not effected within fifteen working days, Fur Metal shall be entitled to refrain from supplying the tickets and shall be entitled to sell them to another ticket purchaser. In such a case, the ticket purchaser shall not be entitled to assert any claim for delivery of the ticket. The amount of any bank transfer payment that is received late shall be reimbursed to the ticket purchaser. Payment via cash or check shall not be accepted, and accordingly Fur Metal cannot be held liable for any loss of cash or checks.

5.3 Offsetting claims

The Ticket Purchaser shall be entitled to offset a claim asserted against Fur Metal only insofar as such claim has been adjudicated in a court of law.

6. Exchanging or returning tickets

6.1 General information

Exchanging or returning tickets shall be prohibited, with the exception of tickets for a cancelled event that are returned subject to the provisions of Section 6.2 and 6.3 hereof.

6.2 Postponement of an event

If an event is postponed or an event venue is changed, the ticket shall be valid for the rescheduled event date and/or new event venue, irrespective of the grounds for such postponement or change of venue. Exchanging or returning tickets shall be prohibited.

6.3 Cancellation of an event

The ticket purchaser shall bring or mail the ticket for any cancelled event to the location at which the ticket was originally purchased, and shall do so a maximum of 30 days following the event date indicated on the ticket. Fur Metal or the relevant reservations office shall refund the full ticket price, excluding the handling fee pursuant to Section 4.2 hereof. Tickets ordered online shall be returned by mail to an address that shall be provided by Fur Metal. Within four weeks of receipt of a cancelled-event ticket purchased, Fur Metal shall charge the relevant amount back to the purchaserís bank account. In order to realise such credit, Ticketcorner will need the following information: bank or postal account name and location, bank clearing number, ticket purchaserís account number and name of account holder.

7. Lost or damaged tickets

The ticket purchaser shall be responsible for storing his ticket in a safe place until the date and time of the event and shall assume all risk arising from any loss of or damage to the ticket. Any replacement of damaged or lost tickets shall be excluded.

8. Ticket purchaserís obligations during an event

Any audio recording, still photography, filming or videoing of an event shall be prohibited. In purchasing a ticket, the ticket purchaser agrees to abide by the safety, access, age and other rules and regulations laid down by the event Organiser, and acknowledges that any failure to comply with such rules and regulations may result in the ticket purchaser being denied access to or ejected from the event without compensation or indemnification therefor. The rules are evident in Section 9. In order to avoid any misuse of tickets, all tickets shall be purchased directly from Fur Metal or directly from an authorised sales partner.

9. General rules during an event

9.1 General Information

The following rules are valid without exception on every event organized by Fur Metal.

9.2 Rules

In general every rule according to the swiss law is valid. Furthermore weapons of any type are prohibited for the visitor. Visitor precluding the other guests from enjoying the event by disturbing or harassing in any form can also be denied access to or ejected from the event without compensation or indemnification therefor, according to Section 8.

10. Disclaimer Fur Metal

10.1 Liability related to event effort

Fur Metal assumes no liability at all, neither for negligence, nor for any damage on persons, items or any pecuniary damage related to the organisation and accomplishment of the event. In particular Fur Metal denies any liability for detriments caused by event cancellations, inadequately organisation or accomplishment of an event. Other claims, in especially compensation claims and claims for lost profit, are denied, as long as they are not caused on malice or by an act of gross negligence of Fur Metal or their agents.

10.2 Liability regarding the usage of the Internet

Fur Metal attempts to keep the informations provided on the website www.furmetal.ch in a complete, effective and correct condition. Fur Metal does not safeguard for validity, completeness and actuality for the informations provided on the website www.furmetal.ch aswell as Fur Metal does not safeguard for errors arising in the transmission of messages. Fur Metal denies any liability for detriments or activities resultig out of these circumstances, as long as they are not caused on malice or by an act of gross negligence of Fur Metal. The ticket purchaser agrees that Fur Metal does not take any warranty for the contents of linked websites of third parties and denies any liability for those. Because of the technical features of the Internet Fur Metal does not ensure an accurate or a stopless service delivery over the Internet. Fur Metal can not except illegal interventions in the EDP system or abusive usage of dates provide by Fur Metal by unauthorized persons and denies any liability for detriments resultig out of these circumstances. Furthermore Fur Metal denies any liability for detriments on the ticket purchaserís EDP system resulting from usage of the website www.furmetal.ch and also denies any liability for detriments on the ticket purchaserís EDP system done by break programs, such as viruses, worms or trojan horses. The ticket purchaser uses his own hardware (printer included), operating system and telecommunication devices for the occupation of the Fur Metal services at his own risk and cost. The ticket purchaser agrees that Fur Metal is not obliged to support specific software or specific operating platforms or operating systems or sustaining the support of those in the future.

11. Ticket Purchaserís liability

The provisions of liability laid down in law are valid.

12. Data privacy

In order to operate its ticket system efficiently, Fur Metal needs specific information about the ticket purchaser such as the ticket purchaserís name, address, phone number and email address (hereinafter referred to as ďcustomer data.Ē) Fur Metal shall process customer data in accordance with Swiss data privacy laws. Fur Metal shall process, use and archive customer data only in the event and insofar as such processing, use and archiving is necessary and useful for the realisation of ticket sales, the achievement of operational reliability, the establishment and maintenance of the website, and invoicing and payment collection procedures. In addition to archiving customer data, Fur Metal shall also archive ticket order dates and mailing dates for purposes of internal order auditing. Divulging customer data to a third party outside of Switzerland shall be permissible in accordance with the relevant application domain insofar as (i) the country to which the data is to be sent has a data privacy statute whose provisions are comparable to those of the Swiss data privacy statute; and (ii) Fur Metal notifies the ticket purchaser in advance of Fur Metalís intention to send the Ticket Purchaserís data to a third party outside of Switzerland. Data processing within the meaning of this Section 12 is currently realised solely in Germany and Switzerland. The ticket purchaser hereby expressly agrees that Fur Metal shall be permitted to use the ticket purchaserís data or have such data processed by third parties outside of Switzerland for purposes of realising the activities described above.

13. Changes of the GTC

Fur Metal reserves the right to change and adjust the GTC at any time.

14. Usage of the Fur Metal Website

The whole content of the Fur Metal Website is copyrighted and belongs, where not determined in another way, exclusively and comprehensive to Fur Metal. The Fur Metal Website could contain references to trade mark rights and rights of use of third parties which should be attended to. The (entire or partly) reproducing, distributing, transmitting (electronically or otherwise), modify, link and usage of the Fur Metal Website for public or commercial purposes is prohibited without a written agreement of Fur Metal.

15. Severability clause

Should any individual provision of these Standard Terms be or become void, illegal or unenforceable, the enforceability of the remaining provisions hereof and the validity of ticket purchasing processes shall in no way be affected. In such a case, the parties shall make reasonable efforts to replace any ineffective provision with clauses which correspond as closely as possible to the economic aims of any ineffective provision. The foregoing shall also apply to any loophole in these Standard Terms.
 

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