PURCHASE AGREEMENT – UNITED KINGDOM
Effective 9th April 2019
Please note that both Primary (original issuance) and Resale tickets are available for purchase, and different terms may apply to each as detailed below.
Tickets (Right to Attend)
Each ticket that you purchase from this Service, whether a Primary or Resale ticket and including digital tickets delivered through our Flash (Digital) method of delivery, is a revocable licence to attend a particular event and is subject to these terms as well as any specific terms and conditions applicable to the particular event that is listed on the ticket, and specific event/ticket restrictions noted below.
All ticket prices for events that occur in the GBP (Sterling). The Service currently accepts American Express, Visa, and MasterCard, and may add other payment methods from time to time. You agree to pay all charges incurred by you or any users of your account and credit card and/or other payment method at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Ticket purchases must be paid in full at the time of purchase, unless otherwise provided. ALL PURCHASES ARE NON-REFUNDABLE AND CANNOT BE CANCELLED. See below for additional terms and conditions related to your purchase.
We permit resale of Right(s) to events using AXS’ marketplace to the fullest extent permitted by law. AXS is not the seller of Resale Right(s) and will be acting only on the seller’s behalf when offering Resale Right(s) on AXS.com. AXS does not act for the buyer. If you sell or transfer Right(s), you are responsible for ensuring that your transactions do not violate any applicable law. Additionally, you agree to comply with these conditions and all applicable laws, statutes, ordinances and regulations regarding the use or our service, listing of Right(s) for sale, solicitation of offers for purchase and the resell of Right(s). You also agree that you are responsible, as a seller of Right(s), for paying all taxes, if any, associated with your sale of Right(s) through our website. AXS complies with any obligation it may have to provide information to tax or other compliance authorities, including with respect to anti-fraud and/or anti-money laundering efforts.
Purchases - General
You must supply the required payment, credit card, and/or other personal information in order to complete your purchase. The holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labour disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency). Event date and time are subject to change.
In reviewing and/or purchasing tickets, you may be linked to a third-party site, which is not affiliated with our Services. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third party sites.
On payment in full by you, you shall be entitled to the Rights (tickets) selected by you and you shall have no liability to the seller. Delivery of the Rights (tickets) shall be made in accordance with the section headed “Delivery of Tickets” below.
If you decide to purchase Right(s), merchandise, parking or other rights, you agree to pay, in addition to the price for the Right(s) or other items, other fees and charges that we impose, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable admissions tax. As a seller of Rights you agree that we may receive payment from the buyer in respect of such fees and charges.
Purchases - Primary
Unless otherwise stated as part of the purchase, any Primary tickets purchased on the Service are typically subject to a per-ticket convenience charge and a per order processing and/or delivery fee. Depending on the venue, the ticketing company and your delivery choice, delivery charges may also apply. You may be able to avoid certain charges by purchasing tickets directly from the venue’s box office. In some instances, tickets delivered via Flash (digital) method of delivery will not incur a delivery charge.
We may also impose other fees and charges including, but not limited to, charges for issuance, convenience, handling, processing, shipping, delivery (including, but not limited to, charges for courier delivery) and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit. All purchases, including both the face value and the associated fees, are non-refundable.
Purchases - Resale
If you are purchasing a Resale ticket, there may be applicable buyer, transfer, and/or logistics fees and charges we impose. Such fees and charges may vary by event and venue. Please consult the information found within each event detail page, which will detail any and all applicable fees and charges. We reserve the right to increase or decrease this fee at any time without advance notice for future transactions.
If you are purchasing a Resale ticket, you will be entering into a contract with the seller of the Resale ticket for the transfer of the Resale ticket.
We do not review, nor do we warrant or guarantee, the accuracy of any information provided by Resale sellers of Rights in the seller comments areas of any ticket listings (if any). You should base your purchase decision solely on the information indicated by the Section, Row and Seat Number in the listing, seller name, and/or the unique ticket identification number provided.
You are solely responsible for making a purchase, based on the information provided on our website. We do not have any legal authority to complete a purchase on your behalf, and do not act as your agent. By providing payment details and clicking “buy now”, you are agreeing for us to debit or authorise payment for the Right(s) via the payment method provided.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges relating to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event and Right(s) relating to such event prior to completing your purchase.
Sales – General
You are prohibited from selling or offering for sale your Right(s) through another publicly available marketplace, whether or not electronic or accessible through the Internet, unless such marketplace is an authorised partner of AXS. Any use of our website to facilitate the sale of Right(s) through another publicly available marketplace that is not our partner may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on our website; (ii) a charge of our sales fee (defined below), calculated with respect to the full sales price of such Right(s) sold or transferred, assessed against the seller/transferor of such Right(s) (such sales fee will be charged to the credit card on file for the seller/transferor twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor’s rights to use our website and any or all of our other services; and (iv) revocation of such sold or transferred Right(s) by the event/venue.
AXS Official seller fees may vary by event and venue. Please consult the seller fee information found within each event detail page. Our sales fee (defined within each event) will be assessed against you as the seller of any Right(s) that are sold or offered for sale, as well as any VAT that may apply, both of which will be deducted from the transaction amount due to you. At the time of the sale, you will receive information on how the proceeds due to you from any sale transaction will be submitted, including options of various methods if such options are available.
We may also impose fees and charges payable by the buyer, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You, as seller, consent to AXS receiving payment in respect of such fees and charges from the buyer.
SALES – PRIMARY
We only act on your behalf, as seller, when selling Right(s). This means that you agree that we will have authority to conclude a sale of the Right(s) to a buyer on your behalf once you have told us to list the Right(s) for sale. You will also be entering into a separate contract with the buyer of the Right(s) to transfer the Right(s) to them.
On receipt by us of payment from the buyer, we shall transfer the Rights to the buyer and the buyer shall have no further liability to you, as seller.
SALES - RESALES
We only act on your behalf, as seller, when reselling Right(s). This means that you agree that we will have authority to conclude a sale of the Right(s) to a buyer on your behalf once you have told us to list the Right(s) for resale. You will also be entering into a separate contract with the buyer of the Right(s) to transfer the Right(s) to them.
On receipt by Hyperwallet or us of payment from the buyer, we shall transfer the Rights to the buyer and the buyer shall have no further liability to you, as seller. The proceeds of any Resale transaction will be held in a separate account by Hyperwallet. The proceeds from Resale transactions, less any fees and charges due to us, will be transferred to you within 10 days after the relevant event.
Finally, as a seller of Right(s), you agree never to specify or include any of the following within the seller comments area of ticket listings:
AXS Official Resale Transfer fees may vary by event and venue. Please consult the seller fee schedule found within each event and venue’s branded area. Our purchase fees may apply to you if you as a transferor, are transferring Right(s) pursuant to a sale of such Right(s) through another publicly available marketplace. Our sales fee (defined within each event and venue’s branded area) will be assessed against the seller/transferor of any Right(s) that are sold or offered for sale on another publicly available marketplace. Our sales fee will be charged as provided to the credit card on file for the transferor.
All scheduled actions including, but not limited to, listing expirations will be processed approximately at the date and time specified as indicated by the AXS system clock. You acknowledge and accept that actual processing time may vary by seconds or in unusual cases, by minutes, from the exact time specified.
Our system will automatically complete a sale if it receives any valid offer for any listing that remains in effect. Listings will be deemed to be in effect from the time our system processes the listing action until the earlier of (i) the time our system processes the expiration of the listing or (ii) the time our system completes the processing of a retraction action for that listing. Listings are not considered retracted until they have been processed and a system confirmation has been issued.
We have the right to cancel a transaction and return the Right(s) to the person who held the Right(s) prior to the completion of the transaction in certain circumstances, including but not limited to:
In these instances and as part of the cancellation of any transaction, AXS reserves the right to remove the sales proceeds from the seller’s AXS account, process a reversal of a prior funds transfer made to the seller or charge the credit card on file for such seller and/or cancel a pending transaction.
Limitations on Transfer or Re-Sale
Your ability and/or right to transfer or re-sell tickets purchased. Please read the ticket description and information for each event carefully, as any such restrictions on transfer or re-sale will be included in the description of the ticket.
If you feel that a charge has been made to your credit card in error, call our helpline or email our customer service department at [email protected].
Our helpline number is +44 0203 481 55 06. Our helpline is available to all of our current and potential customers. Our helpline allows current and potential customers to manage/set-up their account information in any way that is permitted by our website. To access our helpline services, current customers must provide specific personally identifiable information that matches the current information in the account.
We and designated personnel of the venues associated with an event, event producers and/or event promoters are authorised to perform any action on your behalf that you could otherwise perform if instructed by someone in possession of your account authorisation information. You agree that we may perform these actions, including, but not limited to, addition or correction of account profile information, addition of additional forms of electronic identification to your account, transferring Right(s) to others, listing Right(s) for sale, and/or purchasing Right(s).
If you hold tickets or Right(s) to an event that is postponed or cancelled, you should contact the venue directly to obtain information about postponed dates of the event and whether there is an applicable refund. Refund policies vary by venue and event; by purchasing a ticket or Right, you agree to the refund policy of the associated venue and event. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered cancelled and you will not be entitled to a refund or exchange. Any rights to entry purchased on the Resale Marketplace cannot be refunded in the event of a postponement, regardless of the associated venue policy.
In the unlikely circumstance of event cancellation, cancellation policies may require that you refund the proceeds you received in a Resale transaction from a buyer (so that every party receives the appropriate refund of payments made). AXS reserves the right to charge your account balance and/or credit card any amounts necessary to provide refunds for seats purchased and re-sold to another party. You agree to authorise said charges and to pay in full. In the event you are entitled to a direct refund and you have requested such a refund, we may automatically issue you a refund to the credit card you used to purchase the ticket.
In an effort to give all interested customers an opportunity to purchase seating and/or parking Rights, or tickets for an event, venues and promoters often set limits on the number of seating and/or parking Rights, or tickets one customer or household is allowed to purchase. You will be advised of any limits on such Rights, or tickets by a posting on the "Buy" page for the event, or by a system limitation on the number of Rights, or tickets you may purchase during your online session. Rights purchased for an event during multiple online sessions on our website may be totaled to ensure that any venue- or promoter-imposed limitations are not exceeded. If you exceed these limits, your orders may not be fulfilled.
The availability of seating and/or parking Rights or tickets are subject to change. We may act as a sales agent for event promoters, event producers and/or venues. We do not control the number of seating and/or parking Rights or the location of seats or parking spaces that are made available for purchase. Sometimes event promoters, event producers and/or venues release additional seating Rights, or tickets even after Rights, or tickets to attend the event have gone on sale. Seating and/or parking Rights, or tickets are also "locked" (not available) for a short time while customers complete their purchase. If a customer does not complete his/her purchase, previously locked seating and/or parking Rights, or tickets are released and made available for purchase. For these reasons and others, the seating and/or parking Rights, or tickets available for a given event can and do change rapidly. If you are unable to find seating and/or parking Rights, or tickets to any event, please check back again. Once your purchase has been completed, we will not exchange or refund your order, even if additional seating and/or parking Right, or tickets become available at a later date.
If the amount that you pay for a Right or ticket is obviously incorrect, regardless of whether it is an error in a price posted on this website or otherwise communicated to you, or you are able to order Rights before their scheduled on-sale date, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
By purchasing or accepting tickets or Right(s) to an event, you agree to be bound by the terms and conditions and other rules of the specific event and the venue where the specific event is being held. Links to venue and/or event terms and conditions that are specific to use of Right(s) or tickets to such events or at such venues can be found within each event and venue’s branded area. We recommend that you review the official terms and conditions and other rules of each event and venue to which you hold Right(s) or tickets, as may be available directly from the event or venue.
When you purchase Right(s), tickets or merchandise from us or through our website, or when you become a registered user with us to facilitate future transactions, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding a purchase you are making or an event to which you have agreed to purchase tickets. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing.
When you purchase Right(s), tickets or merchandise from us or through our website, or when you become a registered user with us, you agree that you have established a business or personal relationship with AXS Europe Ltd. and its affiliates and you consent to receive email notices or advertisements from us and/or our clients in the future about events, products or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you should unsubscribe now (or email us at [email protected] with "Unsubscribe" in the subject line)
Delivery of Tickets
Your tickets will be delivered to you as indicated at the time of purchase, most frequently via mobile delivery to your AXS account. Certain events may have restricted delivery options, as well as delayed delivery windows (for example, the tickets may not be delivered until 10 days prior to the event). Shipping information, if any, is provided at checkout. In the rare instance that tickets are mailed, they will be sent to the address provided by the purchaser at the time of purchase. AXS is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate address.
Information You Provide to Us
All information that you provide in connection with your purchase from the Service (including your name, address, credit card number, and other identifying information) must be accurate, current and complete. You understand that you must comply with all applicable laws associated with the sale or purchase of tickets to entertainment events (including resale restrictions), which may be subject to application laws, regulations or ordinances.
You acknowledge that complying with laws is your responsibility. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. Remember a venue operator or event producer, in order to prevent ticket misuse, may require the person purchasing tickets to be the person that uses the ticket. Therefore, you may be required to produce identification or a credit card in order to pick up or use the tickets purchased.
You understand and agree that we shall have the right to provide any information you submit on or through the Service to third parties for purposes of facilitating the completion of any purchase made by you, on your behalf or through your account. Verification of information may be required prior to the acknowledgment or completion of any purchase. You understand and agree that we shall have the right to provide any information you submit on or through the Service to third parties for purposes of facilitating the completion of any purchase made by you, on your behalf or through your account. Verification of information may be required prior to the acknowledgment or completion of any purchase.
Information/Services We Provide to You
Descriptions or images of, or references to, products or services on the Service do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to terminate, suspend any or limit any user’s ability to make purchases through the Service. Price and availability of any product or service on the Service are subject to change without notice. Unless otherwise provided, there are no refunds or exchanges for any ticket purchases.
Tickets for events are typically sold through a variety of locations in addition to the Service. Some distribution points (such as the venue itself) may have access to different tickets. There are typically limits on the number of tickets that you may purchase for any event. Please remember that tickets for popular events often sell out quickly, but that on occasion additional tickets may be put on sale for events that were once listed as sold out and there may be Resale tickets available. The Service does not control ticket inventory or availability. In addition, AXS reserves the right to refuse to complete a transaction, refuse service, and/or cancel an order for reasons such as suspected credit card fraud, violation of terms, ticket limits, or any other reason.
AXS may send a summary of your purchase to the email address provided during purchase. You should receive a confirmation after concluding your purchase. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, contact Customer Service immediately at [email protected] or +44 0203 481 5506 to ensure your transaction was completed and that your information is correct. The Service cannot be responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation.
Please note that orders are processed only after a billing address, and/or other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of purchase. If customer service is unable to reach you after its initial attempt, the Service may cancel your order and release your tickets without further notice or attempted notice to you. Information sent to the email address you provide may be deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as “spam.”
Refunds and Exchanges
Please review your tickets carefully, including date and location of the event and your seat selection, before completing your transaction. Unless otherwise stated in our terms, tickets cannot be exchanged or refunded even if lost, stolen, damaged or destroyed.
THE PURCHASE AND USE OF ALL TICKETS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
Limitations of Liability: There are certain risks inherent in attending any event, particularly sporting events or concerts. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against the Service, management, facility, league, artist, participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. Some of these risks include objects may fly into the spectator area during an event or special effects. Spectators must also be aware of the people around them. In the event you are hurt or believe there is a security issue, please contact an usher or security personnel.
Proper Conduct: All attendees must conduct themselves properly at an event. The venue operator and/or the event producer shall have the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly or improper, who uses inappropriate, vulgar or abusive language, who fails to provide proper identification, or who fails to comply with any other venue or event rules adopted by the venue operator or the event producer. Breach of these terms or rules could result in the termination of your licence to attend the event without refund. Latecomers may be seated at the discretion of the event producer and/or venue operator.
Recording/Photography Restrictions: You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission to AXS, its related entities, the venue owner and/or operator and the performing artist, team or other event producer to use your name, image, likeness, sounds in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium now known or hereafter developed, without further authorisation from, or compensation to, you or anyone acting on your behalf.
Search/No Expectation of Privacy: You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise from such a search. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, food, beverages, controlled substances, cameras, recording devices, laser pointers, strobe lights, or certain size packages or bags. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
Re-Sale Restrictions: Tickets may not be used for any advertising or promotion purposes, or used as a contest prize without the prior written permission of the event producer. We reserve the right to cancel accounts or refuse to sell tickets to any individual who has engaged in the sale of counterfeit tickets or the unlawful re-sale of or unauthorised promotional use of tickets.
Additional Terms: Depending upon the event, there may be additional terms applicable to the sale and use of the event tickets listed on the Service.
Contact Information: If you have any questions regarding this Purchase Agreement, please contact us at [email protected] or by mail at:
AXS EUROPE LTD.
7th Floor West
47/49 Tooley Street
London SE1 2QN
©2019 AXS Group LLC/AXS Europe Ltd.