Taxation & VAT in the EU: Avoiding Common Pitfalls in Cross-Border Business

Fienta's terms of service for the ticket buyer

25.05.2018

Fienta Ticketing OÜ, (henceforth Fienta), registry code 12658162, address Hobujaama 4, Tallinn 10151, e-mail [email protected].

When visiting and using the Fienta web platform (henceforth e-ticket shop), the following terms of service (henceforth terms of service) apply to the user of the e-ticket shop (henceforth Buyer):

1. Service and tickets
   1. The Buyers can buy tickets from the e-ticket shop, which have been added to the e-ticket shop by the organiser of the event (henceforth Organiser).
   2. Fienta sells tickets at the request, in the name of and at the expense of the Organiser, and does not have the right to implement or change the ticket price or the Organiser’s terms of sale, including buying back tickets or exchanging tickets, compensating for destroyed, lost, stolen or damaged tickets or any other objects related to the event. Fienta is not the Organiser of any of the events.
   3. To purchase tickets, the Buyer should select the class of ticket and amounts, and enter the required information, which may vary across events.
   4. The Buyer will receive the purchased e-tickets via e-mail immediately after making the payment in their internet bank, by credit card or as a transfer based on an invoice.
   5. When purchasing tickets at a reduced price, Fienta does not verify whether the Buyer fulfils the necessary conditions for receiving the reduced price. Purchasing a ticket at a reduced price does not guarantee entrance to the event, and whether the reduced price applies to the person entering with that ticket will be checked on location at the event venue.
2. Fienta’s rights and obligations
   1. If the Buyer enters false information, Fienta has the right to block their purchasing rights.
   2. If these terms of service are violated, Fienta has the right to unilaterally cease the use of the e-ticket shop for that Buyer and/or terminate the ticket purchasing process.
   3. Fienta has the right to use personal data as outlined in the privacy policy.
3. The Buyer’s rights and responsibilities
   1. The Buyer has the right to purchase tickets through the e-ticket shop according to the terms of service. In case of violations of these terms, Fienta has the right to limit that right.
   2. By carrying out any transactions on the e-ticket shop website, the Buyer confirms that:
      1. he or she is at least 18 years old, a natural person with active legal capacity (natural persons of limited legal capacity aged 7-18 confirm respectively that they have the consent of their legal guardian for using the e-ticket shop, who has provided them with the means to purchase the ticket) or that they are a legal person, whose representative has all rights to use the e-ticket shop on behalf of the legal person and to take on obligations on behalf of that legal person;
      2. he or she fulfils all the terms of service of the e-ticket shop;
      3. he or she has disclosed only correct information;
      4. he or she ensures the confidentiality of their user name and password.
4. Intellectual property rights
   1. All the text, graphics, edited content, all information, all layouts, all drawings, images, HTML, appearance and feel, photos, music, sounds, images, software, videos, design, font and other content (henceforth: material protected by rights) that the users see or read when using the platform (except for the content created by the users that Fienta has the right to use) is the property of Fienta or the Organiser of the event. Material protected by rights is protected in all forms, on all information carriers, and in all existing and future technological solutions. Material protected by rights is protected under local and international copyright and patent laws, as well as other rights and laws pertaining to assets. Users cannot copy, download, use, redesign, reformat or reproduce any of the materials from the platform without the prior written expressed consent from the owner. Using material protected by rights (except if authorised in the terms of service) without Fienta’s permission and/or (if applicable) without the authorisation of the owner of the content created by the user is prohibited.
   2. Fienta service marks and trademarks (including the name Fienta and Fienta logos) are service marks that belong to Fienta. Other trademarks, service marks, logos and/or trade names that are disclosed through the platform belong to their owners. You cannot copy or use these trademarks, logos or trade names without the written expressed consent of their owners.
5. Personal data
   1. Questions pertaining to the processing of personal data have been regulated by the privacy policies of Fienta and the Organiser, as well as the applicable legal acts.
6. Liability
   1. All rights and obligations related to the tickets are enforced by and notified of by the Organiser and Fienta is not liable for the content, change or fulfilment of these rights and obligations.
   2. Fienta is not a representative of the responsible party for the Organiser’s or artist’s event taking place, its contents, information, advertisement and quality. The responsible party is the Organiser.
   3. Fienta is not liable for a delay in the delivery of the ticket, which has been caused by the user of the e-ticket shop entering incorrect information, by the actions of third parties, by interruptions to the internet connection between the e-ticket shop and the client, as well as by any other circumstance beyond Fienta’s control.
   4. If the event does not take place, if it is postponed or if its location is changed, Fienta is not obligated to buy back or compensate the tickets. The Organiser is responsible for either buying back or compensating the tickets.
7. Final provisions
   1. Fienta reserves the right to change their terms of service by publishing a new redaction on the Fienta website.
   2. The usage of the e-ticket shop is subject to the laws of the Republic of Estonia.
   3. Disputes arising from using the e-ticket website will be resolved in the Harju County Court according to these terms of service and the laws of the Republic of Estonia. The Buyer, who is a consumer, also has the right to turn to the Consumer Disputes Committee.