Please read carefully these general terms and conditions which apply to the purchase of Products made on the website https://meisel93-coruna.com/ (hereinafter the "Website"). In particular, these terms and conditions apply to the purchase of tickets for the Steven Meisel exhibition to be held at the Muelle de Batteria in A Coruña, Spain, from 19 November 2022 to 1er May 2023 (hereinafter the "Exhibition").
We may amend or revise these Terms at any time by posting the amended Terms on the Website. In the event of a conflict between different versions of the Terms, the most recent version will prevail. Any changes to the Terms will be binding and applicable to the contractual relationship between you and Us as soon as they are posted on the Website. The terms applicable to the purchase of a Product are those in force at the time of confirmation of that purchase.
The following definitions shall apply to these Terms and Conditions:
- "Customer", "You", "Your" and "Your" refer to you, the person purchasing the Products and complying with the Company's terms and conditions.
- "Contract" means the contract you enter into with Us when you purchase Products or use the Services
- "SA Profirst", "The Company", "We", "Us" and "Our" refer to ProFirst.
- "Product" means any product purchased or ordered from ProFirst, including Tickets.
- "Ticket" means any ticket giving access to an Event.
- “Event” means a guided tour of the Exhibition at a specified date and time.
- "Service" means any Service provided by Us under this Agreement.
- “Exhibition” means the Steven Meisel exhibition to be held at the Muelle de Batteria in A Coruña, Spain, from 19 November 2022 to 1st May 2023.
The headings in these Terms and Conditions are provided for convenience only and may not be used to interpret these Terms and Conditions.
2. BUYING TICKETS
2.1. Tickets can only be ordered and purchased via the Website. The Customer chooses the number of Ticket(s) desired, the day and time of the visit, according to the availability displayed on the Website. The Ticket is exclusively valid for a visit to the Exhibition on the date and during the time slot indicated on the Ticket.
2.2. Before clicking on the payment button, you must first read these Terms and Conditions and confirm your agreement to all of these Terms and Conditions by means of a confirmation of acceptance action implemented by the Website (for example, by checking a box). Once you have accepted the Terms, you must confirm your order. By pressing the "proceed to payment" button, you agree to pay the price as indicated.
2.3. Once payment has been accepted, the Ticket is sent to the e-mail address indicated by You during the order process and is delivered in .pdf format. We reserve the right to use a third party service provider such as TicketMaster to create, issue and send tickets.
2.4. We may have to change the time, place, program and/or conditions of access to the Exhibition. You may not claim compensation for such changes.
3. PRICES AND PAYMENT TERMS
3.1. All prices for the Products are in Euros and include value added tax. The prices may change from time to time and any discounts or promotional offers may also be withdrawn at any time without notice. The prices applicable to the purchase are those in force at the time of purchase, i.e. when you press the “proceed to payment” button.
3.2. Payment for all orders placed on the Website is made through the following payment service: Ayden. We only accept the payment methods accepted by this payment service. These payment methods are subject to change without notice. By using Our Services, and by providing this payment service with your credit card information, you authorize the payment service provider to use it for the sole purpose of processing your payment. We are not liable for any loss or damage in connection with any transaction processed through our payment service (including invalid transactions or transactions not processed due to a network communication error, or for any other reason). In no event shall we be liable for the reimbursement of any additional charges that the Customer may incur in connection with online payments, such as, but not limited to, currency conversion charges applied by the issuing bank.
3.3. Any order placed with an incorrect, expired or over-limited credit card will not be processed.
4. REFUND AND EXCHANGES
4.1. The Customer does not have the right to renounce his purchase of Tickets in accordance with Article VI.53, 12° of the Code of Economic Law. All orders are firm and definitive. There will be no refund of Tickets in cases not explicitly provided for in the Terms and Conditions.
4.2. If a Ticket for an Event booked on Our Website requires a minimum number of participants and this number has not been booked by the deadline set on the Website, We may cancel the Event. In the event of Event cancellation or exceptional closure of the Exhibition, the Customer may ask for an exchange of her Ticket for another Ticket of the same type for the same Event or Exhibition, subject to availability, as provided for in Clause 4.4.
4.3. The Customer may request an exchange of a Ticket for a Ticket of the same type for another date for the same Event or Exhibition, subject to availability, as provided in Clause 4.4.
4.4. Any request for exchange of Ticket in accordance with clause 4.2 or 4.3 must be sent by email to [email protected] asking for reimbursement and providing a proof of purchase of a new Ticket. The first Ticket will then be reimbursed once We have received and controlled the proof of purchase.
4.5. Any Ticket that is lost, stolen or not used at the date and time for which it was issued will not be eligible for any refund or exchange.
5. CONDITIONS OF ACCESS TO THE EXHIBITION
5.1. You must arrive at the Exhibition entrance with the paper or digital Ticket at the latest at the time indicated on the Ticket. If You arrive later than the time indicated on the Ticket, You will only be able to participate to the next Event if the maximum number of visitors in the next time slot has not been reached.
5.2. All tickets are systematically checked at the entrance to the Exhibition and can be checked at any time during the visit to the Exhibition.
5.3. We reserve the right to refuse access to the Exhibition to any person in possession of (i) dangerous, explosive, flammable or corrosive substances, (ii) any object which, due to its purpose or characteristics, presents a risk to the safety of persons, the Exhibition or its installations, (iii) any excessively heavy, cumbersome or odorous object, (iv) weapons and/or ammunition, (v) drinks or food (VI) photographical or other similar devices. We also reserve the right to refuse access to the Exhibition to persons exhibiting aggressive behaviour, likely to be prejudicial to public order, the safety of the public and staff, or public morality, as well as to persons who are clearly under the influence of alcohol or illegal substances.
6.1. To the fullest extent permitted by law, We hereby disclaim any and all liability for any direct or indirect damages, whether foreseeable or unforeseeable, under contract or in tort, including damages for loss of profits, loss of business, loss of revenue, use, data, money, goodwill, reputation or other economic advantage, personal injury or property damage, even if we are aware or informed of the possibility of such damage, arising out of the purchase of Products and/or visit to the Exhibition.
6.2. ProFirst shall not be liable for any failure or delay in the performance of its obligations that is due in whole or in part, directly or indirectly, to circumstances of force majeure, such as, but not limited to, natural disasters, acts and orders of public authority, acts of terrorism and acts of war, unavailability of electronic networks or telecommunication services, viruses and bugs, failure of a supplier or partner, accidents, pandemics, illnesses and strikes, as well as any other event that cannot be reasonably foreseen or overcome.
6.3. ProFirst shall not be liable for any damage or loss of any kind caused or alleged to be caused by or in connection with the access to or use of services provided to the Customer by any third party. The Customer irrevocably waives any claim against ProFirst in respect of services provided by a third party.
6.4. In the event that ProFirst's liability is incurred despite the foregoing provisions, no action may be brought by the Customer against ProFirst more than one (1) year after the occurrence of the event that gave rise to Customer’s claim. ProFirst's liability shall, in any event and to the extent permitted by law, be limited to the amount of the order placed by the Customer.
8. APPLICABLE LAW AND JURISDICTION
8.1. These Terms and Conditions and Our Agreement with You shall be governed by and construed in all respects in accordance with the substantive laws of Belgium. Any dispute relating in any way to the purchase of the Products shall be subject to the exclusive jurisdiction of the courts of Brussels.
9.1. If any provision of these Terms and Conditions is found by a court of law to be illegal, invalid, unenforceable or in conflict with any provision of law, this shall not affect the validity and enforceability of the remaining provisions.
9.2. Any delay or failure to assert rights in relation to a breach by the other party shall not be construed as a waiver of such rights.