General terms and conditions
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INFORMATION PRIOR TO THE CONTRACTING PROCESS
PREVIEW
This document (together with all documents referred to herein) sets out the terms
and conditions governing the use of this website (< span>www.ztream.es) and all commercial
transactions for the purchase of products on this website, regardless of the
application, digital media, medium or device through which it can be accessed. Please
read these Terms and Conditions, Legal Notice and our Privacy and Cookie Policy
(“Privacy and Cookie Policy”) carefully before using this website.
If you have any questions regarding the Terms and Conditions or the Privacy and
Cookie Policy you can contact us through our contact channels.
If you have
any questions regarding the Terms and Conditions or the Privacy and Cookie Policy you
can contact us through our contact channels.
This website https://www.ztream.es, belongs as a business unit
to the company ZTREAM LIVE EVENTS, S.L, with C.I.F B-02982973, and fiscal address in
C/Tejón y Rodríguez, 6 – 29008 – Málaga, Spain, acting commercially under the brand
name “ZTREAM”.
The company ZTREAM LIVE EVENTS, S.L., with C.I.F B02982973, and fiscal address in C/Tejón y Rodríguez, 6 – 29008 – Málaga, Spain, acting
commercially under the brand name “ZTREAM”.
The General Conditions of Contract regulate the relationship between ZTREAM and
the user or client, which is aimed at both the provision of information and the
commercial relations that arise, in accordance with the legal stipulations, in particular,
Law 7/1998, of 13 April, on General Conditions of Contract, Law 3/2014, of 27 March,
which amends the revised text of the General Law for the Defence of Consumers and
Users, the current regulations on the Protection of Personal Data, Law 7/1996, of 15
January, on the Regulation of Retail Trade, and Law 34/2002 of 11 July, on Information
Society Services and Electronic Commerce.
The company ZTREAM LIVE EVENTS, S.L, reserves the right to make the
modifications it deems appropriate in < span>www.ztream.es, without prior notice, in
the General Conditions, without the modifications introduced having a retroactive
character.
Such modifications may be made, through its websites, by any means admissible in
law and shall be binding during the time they are published on the website until they
are not validly modified by subsequent ones. Nevertheless, ZTREAM LIVE EVENTS, S.L.
reserves the right to apply, in certain cases, Particular Conditions of Contracting with
preference to the present General Conditions when it considers it appropriate,
announcing them in due time and form (in writing), not recognizing conditions to the
client that produce a conflict, contradict or are not defined in the present General
Conditions.
These Terms and Conditions apply to the provision of services provided by ZTREAM
(hereinafter the “Products”) ordered via the Website, app, telephone and email. In the
event of any inconsistency between these Terms and Conditions and any other terms
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and conditions that may appear on any part of the Website, these Terms and
Conditions shall prevail.
These Terms and Conditions shall prevail.
As a user or customer expressly declares to know, understand and
accept the conditions of use and these general conditions of contracting in the same
way, declares to be of legal age and have the legal capacity and capacity to act
necessary for access to the websites of www.ztream.es,
and contracting through the
same, as well as orders placed via telephone or email, shall constitute the implicit
acceptance of these general terms and conditions, available on the website,
so if you do not agree with all the conditions and with the
privacy and cookies policy, you should not use this website.
TICKET PURCHASE
ZTREAM is an innovative space that provides tickets for concerts performed live in
the physical venue or via streaming platforms, as well as the sale of other extra
products to create your perfect stay to fully enjoy good music.
ZTREAM is an
innovative space that provides tickets for concerts performed live in the physical
venue or via streaming platforms, as well as the sale of other extra products to create
your perfect stay to fully enjoy good music.
ZTREAM acts as supplier and organiser of the event, acting as a sales channel to
the public and attending to the organisation and execution of the event, ensuring the
celebration of the show for those users who have acquired a valid ticket to attend the
event.
To obtain the tickets as well as any of the products offered by ZTREAM, the user
must go to the online purchase service through the website < span>www.ztream.es and follow the procedure
for purchasing tickets or products.
In the purchase process and always before the end of the same, the user will have
all the information relating to the full final price, including taxes, breaking down,
where appropriate, the amount of increases or discounts that apply to the offer and
the additional costs charged to the user, being the user responsible for providing their
data correctly, including their personal and bank details required by the system, in a
truthful and accurate manner.
PURCHASE PROCESS AND REGISTRATION
In order to avoid unfair practices in the purchase of tickets for each show, tickets
may be limited to a maximum number per person, per credit card and other limitations
that will be communicated at the time of purchase of the tickets and are verified in
each operation, in those events in which it is applicable, always trying to warn users of
them. In this sense and when applicable, we reserve the right to cancel tickets
purchased in excess of this number without prior notice.
The resale of tickets is also prohibited under the terms established in the current
regulations. In addition, no consideration of any kind may be made with the same
unless expressly authorised.
The resale of tickets, as well as any act in furtherance of such illegal sale, may be
grounds for seizure or cancellation of the ticket without refund or any other form of
compensation.
The resale of tickets, as well as any act in furtherance of such
illegal sale, may be grounds for seizure or cancellation without refund or any other
form of compensation.
PRINCIPAL CHARACTERISTICS OF THE CONCERTS
The main characteristics of the concerts and/or events offered by ZTREAM can be
consulted through the Website on the descriptive sheet with which they are presented
and through the telephone assistance service. The form of broadcasting of the
show/event may be “live” or via streaming platforms (real time or delayed
broadcasting) contracted directly by the organiser as part of their responsibility for the
organisation of the event.
However, we reserve the right to withdraw, replace or change the products offered
through the website (modifications to products, prices, promotions and other
commercial and service conditions), by simply changing the content of the website. In
this way, the products offered at any given time on the website will be governed by
the General Terms and Conditions in force in each case. Likewise, we shall have the
right to stop offering, without prior notice and at any time, access to the
aforementioned products.
In the same way, in the case of a product on offer, the offer price and the validity
of the offer shall always be indicated next to the essential characteristics of the
product.
All concerts and shows are subject to the availability of the groups performing.
Should any difficulties arise regarding the performance of the events made available,
you will be informed of the steps to be taken to change the event or refund any
amount that may have been paid by you.
In this regard, ZTREAM makes every effort to offer the information contained on
the website truthfully and without errors. In the event of any error of this type
occurring at any time, beyond its control, it will be corrected immediately. If there is a
typographical error in any of the prices shown and a customer has made a purchase
decision based on this error, the user will be informed of the error and will have the
right to cancel the purchase without any cost on their part.
Otherwise, the contents of the website may, on occasion, display provisional
information about certain products.
Users must also comply with the last entry times, codes of conduct and all other
requirements set out by ZTREAM and comply at all times with the organiser’s health
and safety obligations. If the user fails to comply with any of these obligations or their
conduct or behaviour causes or is likely to cause danger, annoyance or suffering to
other persons or damage to the premises, ZTREAM will refuse entry to the consumer.
< strong>PAYMENT PROCEDURE
/p>
Payment
Procedure
Payment Procedure
In the purchase process, the page will redirect you to the payment gateway, where
the user can freely choose to pay for the purchase by VISA or MASTERCARD, Paypal or
Bizum. To do so, the user must provide the required data. In certain cases and to
prevent possible fraud, ZTREAM reserves the right to request a specific form of
payment in the event that the identity of the purchaser is not reliably accredited.
All transactions involving the transmission of personal or banking data are carried
out using a secure environment, a server based on standard SSL (Secure Sockets Layer)
security technology. All the information you transmit to us travels encrypted over the
network.
Your credit card details are also entered directly on the bank’s website, at the
bank’s POS (Point of Sale Terminal), and are not entered or recorded on any ZTREAM
server.
The credit card details are also entered directly on the bank’s website,
at the bank’s POS (Point of Sale Terminal), and are not entered or recorded on any
ZTREAM server.
When paying by VISA or MASTERCARD you will always be asked for the following
information: the card number, the expiry date, and a Validation Code that matches the
last three digits of the number printed in italics on the back of your VISA or
MASTERCARD, thus providing further assurance of the security of the transaction.
Credit cards will be subject to checks and authorisations by the credit card issuer,
but if the credit card issuer does not authorise payment, we will not be liable for any
delay or non-delivery and will not be able to enter into any contract with you.
We will not be liable for any delay or non-delivery and will not be able to enter into
any contract with you.
We will not be liable for any delay or non-delivery.
When the amount of a purchase has been fraudulently or improperly charged
using the number of an account or payment card, the holder may demand the
immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries shall be made as soon as possible in the accounts of the supplier and of
the holder.
However, if the purchase had actually been made by the cardholder and the
demand for refund was not a consequence of having exercised the right of withdrawal
or termination and, therefore, had unduly demanded the cancellation of the
corresponding charge, the cardholder shall be liable to ZTREAM LIVE EVENTS, S.L. for
compensation for damages caused as a result of such cancellation.
Customer security is of paramount importance to ZTREAM. In order to protect the
transmission of confidential information, the https://www.ztream.es Web server has a
data encryption protocol, through a Secure Sockets Layer (SSL) Certificate. SSL
encryption technology protects economic transactions and the flow of data (name,
address, credit card number, etc.), thus allowing transactions to be carried out
securely.
For payment, the customer must have activated payment by means of CES (Secure
Electronic Commerce). The communication between the customer and the payment
entity is also carried out through a secure server with SSL encryption, and neither
ZTREAM LIVE EVENTS, S.L. nor third parties may have access to the customer’s credit
card or account details.
< strong>PRICE AND PAYMENT
/p>
All products indicate the selling price in Euros and include value added tax (VAT),
but exclude shipping costs which will be added to the total amount due in the course
of processing the order.
All products indicate the selling price in Euros and
include value added tax (VAT), but exclude shipping costs which will be added to the
total amount due in the course of processing the order.
Prices are subject to change at any time, but (except as set out above) any changes
will not affect purchases in respect of which we have already sent you a confirmation
of purchase.
You also hereby authorise us to issue the invoice in electronic format to the e-mail
address provided in the purchase process.
RIGHT OF WITHDRAWAL, RETURNS, CANCELLATIONS AND
CLAIMS
/p>
ZTREAM’s commitment is to offer the highest quality and achieve total customer
satisfaction. The user must ensure, before processing the purchase, the accuracy and
adequacy of the data entered, as it is not possible to return the tickets purchased once
the purchase has been made. Not being able to attend the show or making a mistake
when purchasing the tickets are not grounds for a refund.
Entries may only be cancelled due to possible technical or operational incidents,
attributable to ZTREAM.
In this sense, the concerts and events included on the website are subject to
change, in the event of any changes, they will be communicated by email to the
address provided by the buyers or by publication on the websites or by any other
means of public communication in the event that the specific circumstances of each
case so advise, these changes do not entail any refund for the Client. On the other
hand, in the event of cancellation and suspension of the concert or event, the user
may request a refund of the amount paid for the purchase of the concert or event
ticket, or change it for another concert or event, as long as there is availability.
Thus, except as provided above, the user may not exercise the right of withdrawal
or termination provided for in consumer and user regulations, as this right is excluded
for services related to leisure or recreational activities, in accordance with the
provisions of article 103 of the revised text of the General Law for the Defence of
Consumers and Users and other complementary laws, approved by Royal Legislative
Decree 1/2007, of 16 November.
USE OF OUR WEBSITE
By using this website and placing orders through this website, the user agrees
to:
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order has been placed we shall be entitled to cancel the order and inform the relevant
authorities.
iii. Provide us with your email address, postal address and/or other contact details
truthfully and accurately. You also consent that we may use such information to
contact you if necessary.
If you do not provide us with all the information we need, we will not be able to
process your purchase.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send
to you be in writing. By using this website, you agree that the majority of such
communications with ZTREAM will be electronic.
For contractual purposes, you consent to use this electronic means of
communication and acknowledge that all contracts, notices, information and other
communications sent to you electronically in compliance with legal requirements must
be in writing. This condition shall not affect your statutory rights.
NOTIFICATIONS
Notifications must be sent by e-mail to info@ztream.es . In accordance with the
provisions of the above clause and unless otherwise stipulated, we may send
communications to either the e-mail or postal address provided by you at the time of
purchase.
Notifications shall be deemed to have been received and to have been properly
made the instant they are posted on our website, 24 hours after an e-mail has been
sent, or three days after the postmark date of any letter. In order to prove that service
has been made, it shall be sufficient to prove, in the case of a letter, that it was
properly addressed, properly stamped and properly delivered to a post office or letter
box and, in the case of an e-mail, that it was sent to the e-mail address specified by the
recipient.
CESSION OF RIGHTS AND OBLIGATIONS
The contract is binding on both users and ZTREAM, as well as their respective
successors, assigns and assignees. You may not transfer, assign, encumber or
otherwise transfer a contract or any of your rights or obligations under the contract
without obtaining our prior written consent.
ZTREAM may transfer, assign, encumber, subcontract or otherwise transfer a
contract or any of the rights or obligations under a contract at any time during its
term. For the avoidance of doubt, such assignments, transfers, assignments,
encumbrances or other transfers shall not affect the rights, if any, that the consumer
has at law or otherwise void, reduce or limit any warranties, whether express or
implied, that may have been given to the consumer.
ZTREAM may transfer,
assign, encumber, subcontract or otherwise transfer a contract or any rights or
obligations under it at any time during the term of the contract.
EVENTS OUTSIDE OUR CONTROL
Events beyond our control
ZTREAM shall not be liable for any failure or delay in the performance of any of its
obligations where such failure or delay is due to events beyond its reasonable control
(“Force Majeure Cause”).
ZTREAM shall not be liable for any failure or delay in
the performance of any of its obligations where such failure or delay is due to events
beyond its reasonable control (“Force Majeure Cause”).
Causes of Force Majeure shall include any act, event, failure to exercise, omission
or accident beyond its reasonable control, including, but not limited to, the
following:
Factors of Force Majeure shall include any act, event, failure to
exercise, omission or accident beyond its reasonable control:
.
undeclared) or threat or preparation for war.
natural disaster
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public or private
.
.
authority
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Obligations shall be deemed to be suspended for the period during which the
Force Majeure Event continues, and you shall have an extension of time to perform
such obligations for a period of time equal to the duration of the Force Majeure Event.
Every reasonable effort will be made to bring the Force Majeure Event to an end or to
find a solution that will enable us to perform our obligations despite the Force
Majeure Event.
RENUNCIATION
WITHDRAWAL
The failure of ZTREAM to require strict performance by you of any of your
obligations under a contract or these Terms, or our failure to exercise any rights or
remedies to which we may be entitled under such contract or these Terms, shall not
waive or limit any such rights or remedies or relieve you from any such
obligations.
The failure of ZTREAM to require strict performance by you of any
of your obligations under a contract or these Terms, or our failure to exercise any
rights or remedies to which we may be entitled under such contract or these Terms,
shall not constitute a waiver or limitation of any such rights or remedies or relieve you
from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any
other right or remedy arising under a contract or the Terms. No waiver by us of any of
these Terms or of any rights or remedies arising under a contract shall be effective
unless it is expressly stated to be a waiver and is given and communicated to you in
writing in accordance with the Notice section above.
PARTIAL UNLIMITATION
If any of these Terms and Conditions or any provision of a contract is declared null
and void by a final decision of a competent authority, the remaining terms and
conditions shall remain in force and shall not be affected by such declaration of
nullity.
If any of these Terms and Conditions or any provision of a contract is
declared null and void by a final decision of a competent authority, the remaining
terms and conditions shall remain in force and shall not be affected by such
declaration of nullity.
FULL AGREEMENT
These Terms and any document expressly referred to herein constitute the entire
agreement in relation to the subject matter hereof and supersede any prior covenant,
agreement or promise made between the consumer and ZTREAM orally or in
writing.
These Terms and Conditions and any document expressly referred to
herein constitute the entire agreement in relation to the subject matter hereof and
supersede any prior covenant, agreement or promise made between the consumer
and ZTREAM orally or in writing.
Whilst you acknowledge that you have consented to the conclusion of a contract
without having relied on any representation or promise made by the other party or
which could be inferred from any statement or writing in the negotiations entered into
by the two of you prior thereto, except as expressly referred to in these
Conditions.
You acknowledge that you have not relied on any statement or
promise made by the other party or which could be inferred from any statement or
writing in the negotiations entered into by the two of you prior thereto, except as
expressly referred to in these Conditions.
Neither the consumer nor ZTREAM shall have any remedy in respect of any untrue
statement made by the other party, whether oral or written, prior to the date of a
contract (unless such untrue statement was made fraudulently) and the only remedy
available to the other party shall be for breach of contract in accordance with the
provisions of these Conditions.
COMMENTS, SUGGESTIONS, COMPLAINTS AND COMPLAINTS
Comments, suggestions, complaints and
grievances
You may make comments and suggestions which are welcome. Please send such
comments, suggestions and queries to us via the contact channels or the postal
address indicated in the first clause of these Terms and Conditions. In addition, official
complaint forms are available to consumers and users. You can request them through
our contact channels.
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You may also send your complaints and claims through our contact channels or by
email to info@ztream.es, which will be dealt with by the customer service department
as soon as possible and, in any case, within the legally established period in order to
request an out-of-court settlement of disputes. They will also be registered with an
identification code that will be made known to you and will allow you to follow up on
them.
In this regard, if the purchase between the user and ZTREAM has been concluded
online through the website, in accordance with Directive 2013/11/EU of the European
Parliament and of the Council of 21 May 2013 on alternative dispute resolution in
consumer matters and Regulation 524/2013 of the European Parliament and of the
Council, we inform you that users have the right to request an out-of-court settlement
of consumer disputes accessible through the Internet address
http://ec.europa.eu/consumers/odr/.
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Thereby we inform you that in case of any dispute with the ZTREAM consumer,
there is a new, simple, multilingual and accessible European procedure for the
resolution of such disputes.
Which consists of the following:
Which consists of the following:
The consumer must access this platform and complete the online complaint form.
Once completed, the form will be sent from the same platform. The complaint will be
sent to ZTREAM LIVE EVENTS, S.L, who will propose to the consumer an alternative
dispute resolution entity. Once the consumer and ZTREAM LIVE EVENTS, S.L agree on
the mediation entity that will resolve the dispute, the platform will send the complaint
to the chosen entity.
The mediation entity will deal with the case electronically and propose a solution
within a maximum of 90 days.
APPLICABLE LAW AND JURISDICTION
Applicable Law and Jurisdiction
The relationship between the consumer and user and the provider shall be
governed by the regulations in force and applicable in Spain. If any dispute arises, the
parties may submit their disputes to arbitration or go to the ordinary jurisdiction in
compliance with the rules on jurisdiction and competence in this regard. In the event
that you are a consumer, you may file the claim in the city where you are domiciled in
accordance with the applicable legislation.
Also, the owner of ZTREAM LIVE EVENTS, S.L, reserves the right to bring any civil or
criminal action it deems appropriate for the improper use of its website and contents
or for breach of these conditions.
LATEST UPDATE: * FEBRUARY 2021