1.1 These terms of sale apply to all goods provided by montizumo.com, registered in England and Wales no 09737512 (the Provider)
1.2 No contract exists between you and the Provider for the sale of any goods until the Provider has received and accepted payment for your order and sends you confirmation in writing or by email to the email address you have given. Once the Provider does so, there is a binding legal contract you and the Provider.
1.3 The contract does not grant you a right of cancellation. The Provider may be able to cancel the contract in the limited circumstances set out below.
1.4 The service charge is non-refundable.
1.5 The Provider may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Provider’s website at the time that you place your order. The price of the goods will be made up of the face value of the goods and the service charge/booking fee charged by the Provider.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Provider will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Provider’s current website are accurate at the time you place your order. If an error is found, the Provider will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Provider will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods less the service charge/booking fee. The service charge/booking fee is non-refundable.
Payment for the goods and delivery charges can be made by any method shown on the Provider’s website at the time you place your order.
4.1 The goods you order will be delivered to the email address that you give when you place your order. The Provider is only legally required to send one e-mail ticket. You may request that the Provider sends the ticket numerous times via e-mail the Provider is not legally obliged to do so.
4.2 If you are sent the wrong goods it is your responsibility to inform the Provider of this issue 24 hours before the event.
4.2.1 This can be done by emailing the Provider at the email address firstname.lastname@example.org with the subject heading “Delivery of Incorrect Tickets”.
4.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. If the goods are not received by you then you must inform the Provider of this issue 24 hours before the event.
4.3.1 This can be done by emailing the Provider at the email address email@example.com with the subject heading “Non Delivery of Tickets”.
4.3.2 If you notify a problem to the Provider under clauses 4.2, the Providers’ only obligation will be to make a further attempt to deliver the goods by the means outlined in clause 4.1.
4.4 In the case where the Provider has not sent you the correct ticket or the ticket has not been received and you fail to notify the Provider of this within the time frames specified above, the Provider will not be liable to you for any direct, indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
4.5 You will become the owner of the goods you ordered and responsible for risk or loss of or damage to them once they have been delivered to you.
4.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a Customer under applicable local law or other statutory rights that may not be excluded.
5. The Goods are Non-Transferrable and cannot be Resold
5.1 By purchasing tickets from the Provider, you agree that the tickets are for your own personal use only.
5.2 Once purchased, goods cannot be transferred, exchanged, refunded or returned. Goods are for your sole use only and cannot be sold on to a third party for a profit. Any attempt by you to transfer or resell your ticket will result in the cancellation of any tickets purchased by you and without notice.
6. Data Protection
6.1 The Provider will take all reasonable precautions to keep the details of your order and payment secure, but unless the Provider is negligent, the Provider will not be liable for unauthorised access to information supplied by you.
6.2 The Provider will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Provider would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Providers email address.
8. Force Majeure
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond the reasonable control of a party.
If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
10. Exclusion of Third Party Rights
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this agreement this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
11. Entire and Final Agreement Between the Parties
This agreement and the schedules to it shall constitute the entire agreement and understanding between the parties with respect to all matters which are referred to and shall supersede any previous agreement(s) between the parties in relation to the matters referred to in this agreement.
Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to us at our contact address at firstname.lastname@example.org and all notices from us to you will be displayed on our website from time to time.
13. Availability of the Provider’s Website
The Provider will use reasonable efforts to ensure that the Provider’s website is available at all times. However, the Provider cannot guarantee that the website or any individual function or feature of the website will always be available and/or error free. In particular, the website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the website.
14. Right of the Venue to refuse entry
14.1 The venue reserves the right to refuse admission due to breach of the Venue’s Terms and Conditions.
14.2 The Provider will not be liable to you if you are refused entry or ejected from the event for failure to comply with the Venue’s or the Promoter’s Terms and Conditions
15. Cancellation, mistake or breach made by the Promoter
15.1 The Provider will not be liable for any mistake or breach made by the individual Promoter of the events that negatively affects the Customer. If such a mistake or breach occurs, The Provider will not be liable to any claim made by the Customer unless the mistake or breach was the fault of the Provider.
15.2 In the case where the event is cancelled by the Promoter, the Provider will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods, less the service charge, 5 days of the date on which the event was supposed to take place. The service charge/booking fee is non-refundable.
16. Applicable law
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.