Terms and conditions
General Terms and Conditions of Sale
1. Summary of the main terms and conditions of sale
These Terms and Conditions govern the offer and sale of the Products (as defined below) on the website www.smagticket.com made by Smag Srls, with registered office in San Salvo (Ch), via Ripalta, registered in the register of companies of Chieti at n. 401460, fiscal code and VAT number n. 02619500693 We invite you to read carefully all the General Terms and Conditions before submitting your order, as the following is only a summary of the main terms and conditions of sale.
PEOPLE AUTHORIZED TO PURCHASE: only adults and consumers can be customers of the Site
PRODUCTS OFFERED (Products): Smag sells vouchers to redeem tickets, or tickets issued by museums, cultural institutions, theaters and tour operators (the Supplier) or by third parties to access the Supplier's facilities and exhibitions and / or to use leisure or travel services offered by the Supplier (the Service
of the Supplier). Smag acts as agent or reseller of the Supplier or of third parties or as a service provider, and Smag declines all responsibility for the adequacy of the Service of the Supplier or for the consequences deriving from the use of the Service of the Supplier.
PRODUCTS AND PRICES: the products are described in the "product description" page on the Site. Prices are shown in euros and are always inclusive of VAT.
PURCHASE PROCEDURE: to send a purchase order for one or more Products, you must complete the online Order Form (to be considered a contract proposal) and send it electronically to Smag. By submitting an Order Form to Smag, you declare (a) that you have read and understood the "description" in full
of the product "of the Supplier Service and (b) to unconditionally accept and to commit to comply with the provisions of these General Terms and Conditions and (where applicable) the terms and conditions of sale of the Supplier (the Terms of Service). We recommend that you carefully read the cancellation policy and for those who do not use the products purchased from the relative Supplier before making your reservation. YOU MUST PRESENT AT THE TIME INDICATED FOR THE PRODUCT OF THE PURCHASED SUPPLIER'S SERVICE, no refund is due in case of missed or unannounced presentation.
MANAGING THE ORDER: once an Order Form has been sent, Smag and / or the Supplier will send you your e-ticket or you will receive by e-mail the place to pick up your paper ticket or give you the address of the place by e-mail where a paper copy of yours will be available for collection
For any information you can contact Smag Customer Care at the following email address firstname.lastname@example.org.
2. Scope of application
Smag has the right to refuse to process orders from parties other than consumers and any other order that does not comply with these General Terms and Conditions.
Smag sells on the Website:
(a) Vouchers to redeem tickets for use of the Supplier Service as the agent or reseller of the relevant Supplier or third parties (hereinafter Mode A);
(b) Access to the Supplier's platform to purchase tickets for use of the Supplier Service (hereinafter Mode B);
(c) Tickets for leisure or travel services organized by Smag and any other Product sold directly by Immag (hereinafter Mode C).
The Service is operated directly by Smag only if specified.
A. Rules common to Modes A, B and C
3. Information and prices of the Products
3.1 Details and information related to the Service of the Supplier and the Product are indicated in the "product description" on smagticket.com. In this section you can also see the price of the Product, which will be visible in the selected currency among those available and will include VAT. Please make sure all price information on the Site is correct before placing an order.
3.2 In accordance with the provisions of art. 7-ter of the Legislative Decree n. 633/72, VAT is applied on the bill both to residents resident for tax purposes in Italy and to consumers who are not fiscally resident in Italy.
3.3 By submitting your order you declare that you have read and understood the "product description" of the selected Service Provider and Product.
4. Exclusion of liability
4.1 Smag is exclusively responsible for the sale of Products that it has supplied in its own name and on its own behalf (Mode C). In any other case, Smag has no responsibility for the Supplier Services, which are provided exclusively by the relevant Supplier. To the fullest extent permitted by applicable law, you agree to exclude the liability of Smag for any cost, expense, loss or liability in which you may incur any breach of the Service conditions by a Supplier other than Smag and / or any event in any way connected to the service provided by that Supplier.
4.2 By purchasing a Product you accept and approve the relevant Terms of Service, including the Supplier's policy on cancellation and for those who do not use the products purchased ("no-show"), and any additional conditions that the Supplier may apply to your booking or during your visit.
You must present yourself to the Supplier Service on the day and time indicated in your Order Form. No refund is due in the event of failure or non-submitting.
5. Booking procedures
5.1 To send a purchase order for one or more Products on the Site, you must select the Product and complete the online form, which must be considered as a contractual proposal (the Order Form). The Order Form consists of a "customer information" page containing personal information and
from a second page that allows you to provide your payment details (please refer to article 5 attached here). The Order Form also includes the main characteristics of the ordered Product, the unit price (including VAT) and a link to the Terms of Service.
In accordance with the provisions of art. 7-ter of the Legislative Decree n. 633/72, VAT is applied on the bill both to residents resident for tax purposes in Italy and to consumers who are not fiscally resident in Italy.
5.2 To send your details and complete the Order Form, you must provide your personal data for the individual purchase by completing the registration / order form with your personal data. The user declares and guarantees that all information relating to personal data provided during the registration / order process is up to date, complete, accurate and truthful. The user authorizes Smag to check the correctness of personal data and any other information provided and undertakes to collaborate with Smag during these checks.
5.3 By submitting an Order Form to Smag, you unconditionally accept and undertake to comply with the provisions of these General Terms and Conditions and the Terms of Service. A brief summary of the main Terms of Service and a link to their extended version are available on the Site at any time.
5.4 The Order Form is stored in our database for the time necessary to process your order and for the time required by law. You can consult the Order Form on your personal page of the Site "my account" section.
6.1 Before sending the Order Form you are required to provide the information to process your payment through the payment method selected among those available (for example, credit card information).
6.2 All financial details (ie credit card number or validity date) are sent via Twispay encrypted protocol (a payment service provider) and where applicable to Paypal or other payment service providers available from time to time in time on the Site, without third parties having access
to the same. These details are not used by Smag except to complete the procedure relating to your purchase or to make refunds in case of cancellations, in accordance with the exercise of the right of withdrawal, or to report cases of fraud to the police authorities.
7. Conclusion of the sale
An order is deemed sent when Smag receives your Order Form electronically and the information indicated therein is verified and deemed correct.
The contract is considered concluded when - against payment authorized through the Smag Website (if Mode A and C apply) or the Supplier (if Mode B applies), it sends you the voucher or electronic ticket.
If payment is made directly to Smag's bank account, and therefore Smag sends you the invoice or payment receipt directly, you will see in the relevant invoice or receipt issued by Smag the indication and details of the sums received on behalf of the Supplier and the commissions of service paid directly to Smag or, if Mode C is applied, the sums received by Smag for its own account.
B. Disposition applicable to Mode A
9. Confirmation of the Mag
9.1 With reference to certain Products, as specified in the relevant "product description" page, Smag acts as authorized agent or reseller of the relevant Supplier.
9.2 Upon acceptance of the order and of an authorized payment through the Site, Smag will send you the voucher directly by e-mail to redeem the ticket from the Supplier or directly use the Service of the Supplier.
The Service of the Supplier is subject to the Conditions of Service set by the Supplier (the main conditions of which are made available at any time on the Site and again made available in the confirmation email referred to above).
E. Final provisions
Your personal data is processed by Smag for the purpose of providing the Products. Smag communicates to the Supplier - identified in the page "product information" and in the purchase order - your personal data that are strictly necessary to provide the Service of the Supplier (ie, the name of the user, your address
email if necessary to provide the Service of the Supplier and the reservation made on musement.com, and any information relating to such data). Smag and the Suppliers act each separately as the data controller of the personal data provided and for the sole purpose of providing the relevant Services. At any time you can deny your consent to receive newsletters and updates of Smag related to products similar to those already purchased. In addition, you may consent to receive communications for marketing purposes and to conduct market research by the Supplier and allow Smag and the Supplier to conduct market analysis of your personal data.
The General Terms and Conditions may be amended at any time following the introduction of new laws or regulations or for other reasons. The new General Terms and Conditions are effective from the date of publication on musement.com. We recommend that you regularly visit this section of the
Site in order to check if the most recent and updated General Terms and Conditions have been published.
If any provision of these General Terms and Conditions is deemed unlawful, invalid, ineffective or contrary to the law following a final decision of a competent court, such provision will be removed, and all other provisions of these General Terms and Conditions will be considered fully effective and valid.
Smag reserves the right to transfer and / or transfer to a third party any right under these General Terms and Conditions without restriction.
15 Applicable law and jurisdiction
These General Terms and Conditions are subject to Italian law and in particular to Legislative Decree n. 206/2005 concerning distance sales and Legislative Decree n. 70/2003 concerning some aspects of electronic sales. If you have your residence in an EU country other than Italy, pursuant to Article 6 (2) of the Regulation No. 593/2008, you will also enjoy the protection of the mandatory provisions of the State where you reside.
16 Resolution online disputes
Pursuant to Section 14 of the Regulation (EU) number 524/2013, we inform you that you can resolve disputes related to the purchase of Products on the Site through the online platform ODR managed by the European Union Commission and accessible at the following address.