Clappit Terms and Conditions of Sale

Clappit Terms and Conditions and Terms and Conditions of Sale

Object
This text contains the general terms and conditions on the basis of which users are offered the use of the website www.clappit.com, henceforth the Portal/Site, and all the private labels connected to it, for booking services and pre-sale of the Admission Ticket relating to the Event organized and managed by the Organizer.

In the context of the Sale Agreement, Bemils acts in the name and on behalf of the Organizer by providing exclusively the service, for which it is not attributable to the organization, management, much less the pricing policy of the Admission Passes, their promotion, and of distribution.

Useful definitions
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:

Owner: BEMILS SRL, with a registered office in Via Ferri n. 3 - 20092 Cinisello Balsamo (MI), VAT Number / Fiscal Code 05589050961

Site/Portal: the website www.clappit.com and the private labels connected to it

Consumer: the Customer, or the natural person who acts for purposes unrelated to any entrepreneurial, commercial or professional activity carried out

Organizer: the organizer of the Event, in whose name and on behalf of which Bemils acts

Customer: the subject who purchases the Admission Pass from the Organizer through the portal, through the services offered by Clappit

Sales Contract: the contract entered into between the Client and the Organiser, which is concluded as a result of the services offered by Bemils

Service Contract: the contract concluded between Bemils and the Customer which has as its object the provision of services offered by Bemils

Admission Pass: the document, also in digital format, issued by Bemils which entitles the Holder of the Admission Pass to access the event

Holder of the Admission Ticket: the person who holds an Admission Ticket purchased on the Portal legitimately and in compliance with these General Contract Conditions

Event: demonstration, representation, or show to which the Holder of the Admission Pass has the right to access.

1. Scope of the Terms
The use of the Portal implies acceptance of the following Conditions by the User.
If the User does not intend to accept these Conditions and/or any other note, legal notice, or information published or referred to, he will not be able to use the Portal or the related services offered.
Before using the Portal, the User is required to carefully read the Conditions on the site, and examine and approve them by selecting the appropriate box made available during the purchase procedure, during registration, or login.

The Conditions can be modified at any time, any modifications will be in force from the moment of their publication on the Site. The applicable Conditions are those in force on the date of transmission of the purchase order of an Admission Ticket.

The Owner reserves the right to vary at its discretion, at any time, even after the User's registration, the graphic interface of the Portal, the Contents and their organization, and any other aspect that characterizes its functionality and management, communicating to the User, if necessary, the relative instructions.

In the case of Tickets that can be purchased on Private Labels of Bemils Customers, it may be necessary to accept additional specific Terms and Conditions of the Organizer, which will be highlighted and reported during registration and/or login and/or checkout.

2. Purchases on the Portal
The purchase of Admission Tickets on the Portal and on the Private Labels connected to it can only take place after registering.

Natural persons can only make purchases on condition that they are of age. For minors, each purchase must be examined and authorized by the parents or by those exercising parental responsibility.

Bemils reserves the right to refuse and/or cancel orders that come from a user with whom there is an ongoing legal dispute, who has previously violated the conditions and/or terms of the Agreement, from a user involved in fraud (in particular relating to credit card payments), by a user who has provided false, incomplete, inaccurate and/or in any way untrue identification data.

3. Registration on the Portal

To take advantage of the features of the Portal, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and also fully accept the Privacy Policy.

Registration on the site is free.

To register on the Portal and create your own account, the user must click "Login or Register" in the menu, and then "Register for free!", fill in the form by entering the requested personal data, an e-mail address, and a password, and read the information provided.

During the registration process on the Portal, the User must validate his mobile phone number using the One Time Password (OTP) code, sent to him via SMS. This validation is provided for by Law 145 of 20 December 2018, amending article 1, paragraph 545 ss. of Law 232/206 (2017 Budget Law), which requires that the User who purchases Admission Tickets through online channels on official ticketing websites be identified through the aforementioned OTP validation.

The User has the duty to guard and keep secret their access credentials, which cannot be transferred to third parties. The User undertakes to immediately inform the Owner in the event that he suspects, or becomes aware of, an improper use or undue disclosure of the same.

Registering on the Site allows the user to carry out the following activities via the reserved area ("Profile", then "Consult your Profile"):

- Check the orders placed, view and download the Admission Tickets,
- Manage your personal and billing data, and modify them at any time,
- Change your password,
- Change the management of privacy,
- Manage subscription to the Newsletter service,
- View (where possible) purchased streaming events,
- Take advantage of the name change and resale services (where provided).

4. Information directed to the conclusion of the contract

In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without notice.

In accordance with Legislative Decree April 9, 2003, n. 70, the User is informed that:

To conclude the contract for the purchase of an Admission Ticket on the Site, the user must place the order in electronic format, following the instructions that will appear from time to time on the Portal (purchase process)
The user can check and correct any data entry errors before submitting the order
The time available to complete the purchase process is clearly indicated on the cart summary page and indicates the exact deadline within which payment can be made. Once the time available has elapsed (if payment is not made on time) the Admission Ticket will be put back on sale.
The Contract is concluded when the order reaches the Owner's server.
Once the order has been registered, Bemils will send the Customer, to the e-mail address indicated during registration, the order confirmation containing the essential information relating to the Ticket purchased and the Event itself, a detailed indication of the price, delivery costs and any additional costs, information relating to the Customer Service contacts to which the user can contact for assistance.
The Order Confirmation e-mail constitutes confirmation of the conclusion of the contract pursuant to art. 51, paragraph 7, Consumer Code; the Customer acknowledges and acknowledges that having sent the aforementioned email, Bemils has fulfilled its documentation obligations and that the Customer is bound by the Contract and is required to pay the Total Amount, regardless of receipt of the confirmation email order itself, which may depend on third parties and/or factors outside the Controller's sphere of control (such as the email provider used by the user, incorrect email address, a full mailbox, etc.)

5. Entry titles

Tickets and Events
All Holders of Admission Tickets must have a valid Admission Ticket to access the event. It constitutes an access ticket exclusively for the Event for which it was issued, on the day and at the time indicated. The Organizer has the right to carry out personal checks for safety reasons.

General information
The categories of Admission Certificates relating to each Event and/or to each individual date are indicated on the page dedicated to the Event itself.
Seat selection can be made:

- Through Best Seat: the system assigns the best seats available for the selected category,
- By choosing on the map (where possible).

All the information on the specific Admission Ticket assigned to the user or selected by him is provided immediately after the assignment and/or selection (also visible on the side of the screen in the map selection). The information is also visible throughout the purchase process, in the order summary, and in the event of the conclusion of the Contract, in the order confirmation. The user, before the conclusion of the Contract, can modify the seats that have been assigned to him or that he has selected.

Availability
With regard to the Admission Certificates, Bemils reports and the user acknowledges that:

The package of Tickets that can be purchased through the Site (Allotment) is entirely determined by the Organizer, who establishes the quantity, price, and type of Tickets that must be put up for sale on the Portal, (also establishing a possible maximum number of tickets purchasable per account and, if so, indicating this number),
The allotment may also undergo additions in consideration of the further availability of Admission Tickets that the Organizer will communicate,
The Organizer, at its discretion, may also ask Bemils to sell a certain number of Admission Tickets (of the type and price indicated by it) to certain groups of specific users (e.g. fan club members, loyalty card holders, etc.) on an earlier date or at the same time as the opening date of general sales,
Tickets where the words "Sold Out" or "Not Available" appear cannot be purchased.

Price of Admission Tickets
The Price of the Tickets, established by the Organizer and inclusive of any pre-sale rights (Pre-sale) applied by the Organizer, is indicated on the Portal in relation to each category of Tickets (Single Seat, Full, Reduced, etc.) on the event page. The distinction between Price and Presale is visible on the page dedicated to the Event, next to each type of ticket on sale. Price and Presale are also indicated on the choice on the map, in the cart summary during checkout, on the Order Confirmation email, and on the Admission Ticket.

The Price of the Tickets, fixed by the Organizer and indicated on the Website in relation to each category of Tickets, is the last price communicated by the Organizer. However, the Organizer reserves the right to change the Price of the Admission Tickets at any time, it being understood that in the event of a purchase, the price charged to the user will be that indicated on the Site on the page of each Event and in the Order Summary at the time of purchase. Any changes (neither increase nor decrease) subsequent to the transmission of the order will not be taken into account. In particular, any lower price that is applied to Tickets of the same type, after the purchase by the Customer, will not entitle the Customer to a refund of the difference.

Service Fees
Bemils apply, on each sale transaction and as remuneration for the Services offered, service commissions according to the agreements with the Organizers.
The Price of the Admission Tickets does not include the Service Fees.
The Service Fees are indicated during the purchase process, on the map selection, in the cart, and during the checkout phase. They are also clearly indicated as separate items on the Order Confirmation screen and email.

Additional Charges
Additional Charges may be applied to the User, with reference to services/products purchased, such as:
- Costs for home delivery of Admission Tickets, where present,
- Expenses for any insurance on tickets,
- Expenses for collateral products or services, where present (merchandising, etc.).

The Additional Charges are indicated during the purchase process, in the cart, and during checkout. They are also clearly indicated as separate items on the Order Confirmation screen and email.

Price, Presale, Service Fees, and Additional Charges are expressed in Euros and include VAT.

7. Orders placed and Invoicing
The Contract is conditional on non-payment of the Total Amount Due. In the event that payment is not made, the contract will therefore be considered terminated by right. The user will be immediately notified via the Site in the event of termination and the consequent cancellation of the order. Ownership of the Admission Tickets will be transferred to the user upon the conclusion of the Contract. In the case of home delivery and/or collection at the Venue of the Event, the risk of loss or damage to the Tickets, for reasons not attributable to Bemils, will be transferred to the user when the user physically takes possession of the Tickets input.

Billing data is requested from the User. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will prevail. The invoice may only concern the service commissions and/or any additional charges in the event of a tax event, in the event of a non-fiscal event of the entire amount due.

8. Exclusion of the right of withdrawal
We inform you that, having the object of the purchase contract to supply leisure-related services that the Event Partner undertakes to provide on a specific date, the contract, pursuant to art. 59, I paragraph, lett. n) of the Consumer Code, the right of withdrawal provided for by art. 52 of the Consumer Code.

The Customer will therefore not be able to exercise this right in relation to the purchase of tickets and Packages. Furthermore, the right of withdrawal cannot be exercised with reference to collateral Products/Services, i.e. Products that consist of travel, accommodation, services, transport, or leisure time activities.

It is not possible to exercise the right of withdrawal from the Product purchase contract if it concerns the purchase of the following Products:
(a) a ticket,
(b) a Package,
(c) a "Side Product/Service", to be understood as a product and/or service purchased separately from, and in addition to, a ticket, which includes:
travel, food, lodging, transportation, or leisure-related services to be provided on a specific date or during a specific period;
goods made on the basis of your specific requests or that are clearly personalized

In no case will reimbursement be provided, neither for the Face Price of the Access Passes nor for any Service Fees and/or the Presale Right nor for any shipping costs, in the case of renunciation by the Customer to access the Event.

9. Methods of collection and delivery of the Securities
The delivery of the Admission Tickets purchased on the Site can be made at the User's choice, upon payment of the related additional charges (if due) in the following ways:

Digital ticket: print at home, sent by e-mail in the order confirmation, or to be uploaded to a wallet or application,
Home delivery to the Shipping Address”, for a fee, where available,
Collection at the Event Location, where available.
The Admission Tickets in digital mode and printed at home are always available and can be downloaded in the user's reserved area on the Portal.

The access control system will authorize the entry of only one Entry Ticket equivalent to a single barcode or QR code. Any copies and/or fraud deriving from improper use of the entrance ticket will be prosecuted according to the law.

10. Event canceled or postponed

Bemils, as a company providing the Services, and a person acting in the name and on behalf of the Organizer in relation to the sale of the Titles, is in no case responsible for any postponement or cancellation of the Event by the Organizer.

In the Event is postponed or canceled, Bemils will inform the Customer, in the name and on behalf of the Organizer, of the initiatives taken in relation to the refund or the validity of the admission tickets for a new date.

The Organizer, in case of cancellation of the Event, reserves the right to withhold the Presale and that, also in this case, Bemils is completely unrelated to the Organizer's decisions.

Tickets relating to canceled Events cannot be exchanged for other Events.

In case of cancellation or postponement of the Event by the Organizer, under no circumstances the Customer may ask Bemils for reimbursement of the Service Fees and/or Home Delivery costs and/or ancillary services, such as Insurance since these amounts refer to the already completed supply of the Services by Bemils and independent of the subsequent supply by the Organizer of the service relating to the Event.

In the event of cancellation of the Event, Bemils will refund the Customer, according to the methods and with the timing decided by the Organizer, only if it has been specifically delegated to this procedure by the Organizer itself.

In the aforementioned case, Bemils will provide the information relating to the refund request procedure on its channels, which will be the only accepted method of submitting the request. In order for the request to be accepted and the refund to be paid, the procedure must be carried out correctly and within the time established by the Organizer.

In order to be able to issue refunds of Non-Digital Admission Tickets (traditional paper tickets) it should be noted that, in compliance with current tax legislation, it is necessary that they are physically returned to Bemils by registered mail, or according to another method indicated on the Website. If the consumer fails to do that, the refund cannot be paid.

The refund of the purchase made on the Site will be made by crediting the credit card or other payment method used by the Customer during the purchase. If the customer is no longer in possession of the credit card, he will have to communicate the data to Bemils in order to make the bank transfer. 

11. Limitations of Liability and Rights of Bemils

Bemils reserves the right to modify, suspend or interrupt any function or service rendered in relation to the sale of Admission Tickets, if made necessary or appropriate for technical and/or organizational reasons, without prejudice to the fulfillment of any already concluded Contract.

Except in the case of willful misconduct or gross negligence, Bemils cannot be held responsible for expenses and damages, direct or indirect, of any nature, suffered by the Customer in relation to the sale of Admission Tickets, or for disservices and/or malfunctions connected to the use of the Internet beyond its control or that of its suppliers.

The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events, or, in any case, to unforeseen and unforeseeable events, and, in any case, independent of its will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

12. Industrial and Intellectual Property Rights

The contents of this Website and, in particular, but not exclusively, trademarks, logos, texts, photographs, videos, sounds, music, layouts, designs, know-how, technologies, products, and processes are the property of Bemils Srl, or are used with the permission of their owners and are therefore protected by copyright, trademark, patent, and all other existing intellectual or proprietary rights, in accordance with applicable laws.

Therefore, nothing contained on this Website may be understood or interpreted as granting a license or right to use any content of the same.

The use and registration of the Clappit, Bemils, and Belive names are reserved. You are not authorized to register or use any company name, business name, trade name, domain, or other name, including the name Clappit, Bemils, and Belive.

13. Applicable Law and Jurisdiction

These Terms of Use are governed and interpreted in accordance with the Italian law in force. The user accepts the Italian jurisdiction and the competence of the Court of Milan, in the event of disputes deriving from disputes, claims, or legal proceedings deriving from the Terms of Use or the use of the Website by the user.

14. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. It can be used by the Consumer to resolve, in a non-judicial manner, any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

15. Covid-19 pandemic emergency period

During the emergency linked to the Covid-19 pandemic, Bemils adapts its purchasing processes, access to event venues and reimbursements, which therefore may be subject to limitations and constraints, following the current regulatory dynamics adopted by the Government/Legislator, and the decisions taken by the Organizers on the basis thereof.

Bemils informs consumers of these continuous adjustments through information on the sales page of the single event involved from time to time and targeted communications sent by e-mail.

Should a scheduled event not be held due to the regulatory provisions adopted by the Government/Legislator to deal with the epidemiological emergency from Covid-19, the Organizer of the same, as subsequently amended, may choose, depending on the case, to reimburse the Certificates Tickets purchased for the event not held using vouchers, autonomously providing for the reimbursement operations or through sales channels by delegating Bemils to carry out the same.

Last modified February 7, 2022