Terms and Conditions FanSale October 2021

Terms and Conditions- fanSALE (VersionOctober2021)

1. Subject

These General Terms and Conditions of Contract (GTC) regulate the distance sale and, insofar as they are compatible and not otherwise derogated, the non-distance sale of tickets for national and international shows and/or cultural and sports entertainment events, carried out by TicketOne S.p.A. in the name and on behalf of the event organiser, as well as the contract for the supply of services, necessary and accessory to the sale of said tickets, provided by TicketOne S.p.A.

TicketOne S.p.A., with registered office in Via Fabio Filzi, 29, 20124 Milan (Italy), VAT number 12471480157 (TicketOne) is a leading company in Italy in the provision of ticketing, marketing, information and e-commerce services for shows, sports and culture, and belongs to the international group CTS Eventim.

TicketOne manages an electronic commerce platform in Italy that allows registered users to sell and purchase tickets for national and international entertainment and/or cultural and sports events (fanSALE platform).

TicketOne, as the operator of the fanSALE platform, is not involved in the sale contracts concluded on the platform.
The present General Conditions for Buyers regulates the conditions and terms of purchase by a registered user of a TicketOne Circuit Ticket offered for sale by another registered user on the fanSALE Platform.

2. Definitions

The following definitions shall apply to these GTC, it being understood that definitions in the plural shall apply to the relevant term in the singular and vice versa:

Buyer: means the person who purchases a TicketOne Circuit Ticket from the Seller through the fanSALE Platform.

Name Ticket: means a ticket which, following the new regulations, reports the name and surname of the ticket user.

Consumer Code: indicates the Legislative Decree of 6 September 2005, no. 206,

Service Commission: means the commission amounting to 6.10% of the Sale Price (inclusive of VAT) due by the Purchaser to TicketOne for the service provided for the purchase of the TicketOne Ticket.

Sales Commission: means the commission amounting to 6.10% of the Sale Price (inclusive of VAT) applied by TicketOne to the TicketOne Seller in the event that an Offer of Sale published on the TicketOne website is successful.

Consumer: means the natural person who is acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out by him/her.

Contract: means the TicketOne Service Contract, and the Sale Contract means the contract for the purchase and sale of a TicketOne Circuit concluded on the fanSALE Platform between a Seller and a Purchaser, governed by the General Conditions for Sellers, by these General Conditions for Purchasers, and by the information provided on the Website, prior to the conclusion of the contract, also pursuant to and for the purposes of Articles 49 et seq. of the Consumer Code.

Courier: indicates the only carrier authorised by TicketOne for the shipment/delivery of tickets.

E-ticket: means the delivery of TicketOne Circuit Tickets by means of a digital ticket to be uploaded on the smartphone.

Event: means the event, show or performance to which the Ticket Holder has the right to access.

Festival: means an Event where more than one artist performs in the same context.

Business Day: means a day on which banks are open to the public in Italy.

Total Amount: means the total amount payable by the Buyer under the Contract of Sale and consists of the sum of the Sale Price, the Delivery Charges and the Service Fee.

Event Venue: means the buildings and land that constitute the venue for a specific Event.

Tickets Offer of Sale: means, either cumulatively or individually, depending on the context in which the expression is used, the Fixed Price Offer of Sale that a Seller has published on the Website.

Fixed Price Offer of Sale: means the Offer of Sale in which the Seller chooses to set the Sale Price for a Ticket on the TicketOne Circuit.

Promoter: means the organiser of the Event, in the name and on behalf of which TicketOne acts, whose identification details can be found in the "Tickets/Information on online purchase" section of the Website, as well as in the Shopping Cart and Order Summary pages, as defined in art. 9.1 of the GTC.

Ticket Holder: means the person who legitimately holds, in accordance with these General Conditions of Contract, a TicketOne Circuit Ticket purchased by the Customer.

Advance sale: indicates any advance sale fees set and applied by the Promoter.

Sale Price means the price at which a TicketOne Circuit Entry Ticket is sold on the fanSALE Platform by the Seller to the Purchaser, to which must be added, at the Purchaser's expense, the Service Fee,TicketOne Services and any Shipping Costs.

Net Sale Price means the Sale Price, net of the Sale Fee, received by the Seller.

TicketOne Points of Sale means the sales network affiliated to TicketOne.

Shipment Costs: means the cost of shipment of TicketOne Ticket Tickets from the TicketOne Ticket Office to the Purchaser's home or office, at the Purchaser's expense.

TicketOne Circuit Ticket: means Tickets issued by the TicketOne affiliated sales network, which bear the TicketOne logo on the front and back and are identified by a unique identification code belonging to entertainment shows, with the exclusion of some sports (i.e. football) and cinema tickets.

Digital Admission Tickets: means paper Admission Tickets (e.g. fanticket, standard ticket) with the wording "digital title", as well as all Admission Tickets delivered in the form of E-ticket orPrint@home.

Non-Digital Admission Ticket: indicates paper Admission Tickets that do not bear the wording "digital title".

TicketOne Services: means the services provided by TicketOne in relation to the Ticket Sale Agreement, concerning the booking of the Ticket, the delivery or other forms of making the Ticket available to the Customer, as well as other accessory services relating to the sale of the Ticket, where requested by the Customer, but excluding, in any case, the provision of the service corresponding to the Event, which is the exclusive competence and responsibility of the Organizer.

Website means the website www.fansale.it, owned and managed by TicketOne.

Print@home: means the delivery of TicketOne Circuit Ticket by immediate printing.

Seller: indicates the person who offers for sale one or more Entry Securities on the fanSALE platform

3. Scope of application

3.1 The purchase by a registered user of a TicketOne Circuit Ticket on the Website entails the conclusion of a distance contract governed by Legislative Decree no. 70 of 9 April 2003, containing the regulations for electronic commerce and, in the event that the Purchaser is a Consumer, by Chapter I, Title III (articles 45 et seq.) of the Consumer Code.

3.2 These General Conditions for Purchasers may be modified at any time. Any changes will be in force from the moment they are published on the Site in the "Terms and Conditions" section, present in the footer of each page of the Website. Users are therefore invited to access the Website regularly and to consult the most up-to-date version of the General Conditions for Buyers before sending orders to purchase on the Website.

3.3 The General Conditions for Purchasers applicable are those in force on the date of purchase of TicketOne Circuit Tickets on the Website. Before purchasing a TicketOne Circuit Ticket, the user must carefully read all the information provided by the Seller, through the fanSALE Platform, on the Website, both before and during the purchase procedure, and examine and approve these General Conditions for Purchasers by checking the box provided during the purchase procedure and before the purchase.

3.4 These General Conditions for Buyers do not regulate the offer of products and/or services by parties other than TicketOne that are present on the Website through links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. TicketOne is not responsible for the supply of services and/or the sale of products by such subjects. TicketOne does not carry out any control and/or monitoring of the websites that can be consulted through such links. TicketOne is therefore not responsible for the contents of such websites, nor for eventual mistakes and/or omissions and/or violations of the law on their part.

4. Site Registration

4.1 In order to publish and purchase a TicketOne Circuit Ticket on the fanSALE Platform, a user must first register on the Website through the registration procedure indicated below. If the user is already registered on the website www.ticketone.it , he/she will be automatically registered on the Website and will be able to use the registration credentials used for the website www.ticketone.it and, vice versa, if a user is registered on the Website, he/she will be automatically registered on the website www.ticketone.it and will be able to use the same registration credentials.

4.2 It is absolutely forbidden for the user to enter, for the purpose of registering on the Site, personal data of third parties, false, invented, fictitious and/or, in any way, not corresponding to the truth.

4.3 Each user can use only one registration to the Site. It is therefore absolutely and strictly forbidden for users to create multiple accounts on the Website referring to the same person, natural and/or legal, and/or to companies and/or body of any kind, even through the use of data corresponding to the truth. In the event of violation of this prohibition, without prejudice to the provisions of art. 4. 2 above, TicketOne reserves the right to close all accounts referring to the same individual, natural and/or legal, and/or to the same company and/or entity. The user also undertakes to hold TicketOne harmless and indemnified against any damage, obligation to pay compensation and/or sanctions arising from and/or in any way connected to the violation by the user of the prohibition set forth in this Article 4.3.

4.4 The registration to the Website allows the user to perform, through the confidential and personal account, called "My fanSALE", among other, the following activities:

• check the status of the most recent purchase orders and view the archive of all purchase orders made;
• manage their personal data and modify them at any time;
• change your password;
• manage the subscription to the "Newsletter" and/or "ticket alert" service;
• take advantage of dedicated services that may be activated from time to time by TicketOne.

4.5 The registration credentials (email address and password) allow the user to make purchases on the Site and to perform, among others, the activities referred to in Article 4.4 above. They must, therefore, be kept with extreme care and attention. Moreover, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them. The User also undertakes to inform TicketOne immediately, by contacting them at the contact indicated in Article 15 below, in the event that they suspect or become aware of any undue use or disclosure of the data.

4. 6 The user guarantees that the personal data provided to TicketOne, during the registration procedure to the Website, or at any other time and/or occasion of their relationship with TicketOne, are complete, truthful and refer to the user himself/herself, and commits to hold TicketOne harmless and indemnified from any damage, obligation to pay compensation and/or sanctions deriving from and/or in any way connected to the violation by the user of the guarantee set forth in this article and/or the violation of the rules regarding registration to the Website and/or the preservation of registration credentials.

4. 7 Users may terminate their registration to the Website at any time by writing to TicketOne S.p.A., with registered office in Via Fabio Filzi, 29, 20124 Milan (Italy) or by sending an e-mail to: privacy@ticketone.it. In this case, the user's personal data will be immediately cancelled or blocked if it cannot be immediately cancelled due to contractual or legal preservation obligations.

4.8 During the registration to the Website, the user can choose, by checking the appropriate box, to validate his phone number through the One Time Password (OTP) validation code transmitted to him by SMS. On this point, it should be noted that the validation of the phone number is provided for by Law no. 145 of 20 December 2018, amending art. 1, paragraph 545 ff. of Law 232/2016 (Budget Law 2017), which requires that the user who purchases admission tickets through online channels on official ticketing websites is identified through OTP validation. Where the user chooses not to perform the phone number validation during the registration to the Website, he/she shall perform it during the processing of the first purchase order.

5. Purchase of Entry Securities via the fanSALE Platform

5.1 The purchase of a TicketOne Circuit Ticket on the Website can only be made after registering on the Website in accordance with the procedures set out in Article 4 above, and is permitted both to users who are consumers and to users who are not consumers. The registered user who makes a purchase on the Website must be resident or have their registered office in Italy.

5.2 Depending on the Offer of Sale, the purchase on the Website may relate to one or more Entrance Tickets for one or more Events.

5.3 The Seller reserves the right to refuse or cancel a purchase on the Website made (i) by a user with whom it has an ongoing legal dispute; (ii) by a user who has previously breached the General Conditions for Sellers published on the Website and/or these General Conditions for Buyers; (iii) by a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) by users who have provided false, invented, fictitious, incomplete or in any case inaccurate identification data and/or in any way not corresponding to the truth or referring to third parties.

5.4 TicketOne reserves the right to refuse or cancel a purchase on the Website that comes from a user who has violated the prohibition in Article 4.

5.5. The FanSALE Platform is prohibited from any advertisements or links to advertisements or commercial offers from third parties.

5.6 TicketOne reserves the right to withdraw, modify, suspend or interrupt any function or service provided by TicketOne in relation to the management of the fanSALE Platform, if this is necessary or appropriate for technical and/or organizational reasons.

6. Purchase of a TicketOne Circuit Fixed Price Ticket

6.1 Methods of Sale Offers

The Seller may decide whether to publish an Offer of Sale of a TicketOne Circuit Ticket at a fixed price. In the case of a Fixed Price Ticket, the Seller will set the price of the TicketOne Circuit Ticket: the fixed price may be equal to the face price of the TicketOne Ticket. In the case of tickets subject to the new regulations, the holder of the account must EXACTLY coincide with the name on the ticket to be sold on fanSALE. In case of inconsistency, the system will report an error and will not allow you to proceed further.

On the fanSALE platform it is not possible to resell valid tickets for sporting events and movies and tickets purchased on the primary market using APP18 or Carta del Docente. Offers entered or any sales resulting from such purchase methods will be promptly deleted.

6.2 Resale of nominative TicketOne Circuit Tickets

In case of resale of TicketOne Circuit Tickets subject to the regulation according to which tickets purchased for events with more than 5000 spectators must be nominative, it is necessary to change the name indicated on them.

In the case of resale of Digital Tickets, the Buyer must change the name reported on the ticket to his/her own name during the purchase process.

Non-digital Tickets, on the other hand, must be returned to TicketOne by registered mail with return receipt to be sent to the address Via Fabio Filzi 29, Milan, 20124. TicketOne will re-issue new Non-Digital Tickets bearing the name of the Buyer, and these will be sent to the address provided by the Buyer associated with the account with which the purchase was made.

6.3 Purchase of a TicketOneCircuit Ticket offered for sale at a fixed price

In the event of an Offer of Sale of a TicketOne Circuit Ticket at a Fixed Price, the Contract with the Purchaser can only be concluded at the Sale Price and within the term set by the Seller when it publishes its Offer of Sale. The term within which an Offer of Sale at a Fixed Price may be accepted by a Buyer varies depending on the type of ticket being purchased (e.g. traditional ticket, digital ticket). The Sale Price set by the Seller can never exceed the price printed on the TicketOne Circuit Ticket. In addition to the Sale Price, the Purchaser will have to pay any Shipping Charges and the Service Fee.

If the user has not already done so, he/she will have to log in to the Website and, if requested, enter his/her credit card details, which will be checked for validity.
Before sending his purchase order, the user will be able to view on the Website the summary of the Offer of Sale containing all the information specified in Article 7 below, including, by way of example, the Total Amount, with the specific indication of its components, i.e. the Sale Price, the Shipping Costs and the Service Fee.

If a user, after having sent a purchase order for a TicketOne Ticket Circuit offered for sale at a Fixed Price, receives an "error message", this means that a problem has arisen during the purchase process. For example, it may happen that the debiting of the Total Amount from the Purchaser's credit card has not been authorised due to restrictions on online transactions imposed by the issuing bank. In this case, the purchase can only be completed when made.

When the user clicks the "Buy Now" button now, his/her purchase of a TicketOne Circuit Ticket at a Fixed Price is binding.

No revocation, cancellation or modification of purchase orders is allowed. In the event that the Purchaser is a Consumer, the Seller informs the user that, in the event of the purchase of a TicketOne Circuit Ticket, the right of withdrawal foreseen in distance contracts is excluded, since - pursuant to article 59, paragraph 1, letter n) of the Consumer Code - the Contract of Sale relates to services concerning leisure activities and foresees a specific date or period of performance, in which the Event takes place.

6.4 Purchase of a nominative ticket

For the purchase of tickets subject to the regulation according to wich tickets for events with more than 5000 spectators must be nominative, with consequent control of the ticket holder at the entrance to the event, it is necessary to enter the name of the new purchasers. In particular, the name will be changed by the buyer during the purchase process. As regards the delivery in the case of Non-Digital Tickets, these will be sent by TicketOne with the new name, in the case of Digital Tickets the Purchaser will immediately receive the ticket with the new name on it.

6.5 Special provisions relating to TicketOne Circuit Ticket

TicketOne Circuit Tickets may not be the object of an Offer of Sale by a Professional, in the context of the professional performance of a commercial activity, even if not organised as a business, without the express consent of the Organiser and in any case in the event that the Organiser specifically prohibits the transfer of ownership on the basis of the principles of nominativeness. Moreover, if the Seller has used the "TicketOne Ticketcheck" option and has included a unique identification number in the List offer, the fanSALE platform, when publishing the TicketOne Ticketcheck, will directly identify the Event and the seat number and will check whether the TicketOne Ticket is valid.

Furthermore, if the TicketOne Circuit Ticket Sale Offer is qualified with the Fair Deal Offer symbol, such Offer guarantees that the Sale Price is equal to the original price.
In addition, the Buyer shall benefit from the Guarantee of Authenticity by TicketOne, as per article 14.

7. Information directed to the conclusion of the Contract

7.1 In compliance with the Legislative Decree of April 9, 2003, n. 70 containing provisions regarding electronic commerce, the Seller TicketOne informs the user that

1. In order to conclude a Contract, the user must send his purchase order, in the case of a Fixed Price Sale Offer, in electronic format and transmit it to TicketOne, electronically, following the instructions which will appear from time to time on the Website;

2. The order must be sent within the deadline established by the Seller in the Sales Offer published on the Website;

3. The Contract is concluded when the purchase order is received by the TicketOne server;

4. Before sending the purchase order, the user will be able to view on the Website a summary of the general and specific conditions applicable to the Contract, the name or denomination/company name of the Seller, the essential information relating to the TicketOne Circuit Ticket purchased, a detailed indication of the Sale Price, the means of payment used, the Shipping Charges, the Service Fee, the delivery term, as well as information relating to the contact details of the TicketOne Customer Service to which the user may apply for assistance and/or make complaints;

5. Before proceeding with the transmission of the order, the user will be able to identify and correct any mistakes in data entry by following the instructions on the Website in the various phases of the purchase process;

6. in the case of an Offer of Sale at a Fixed Price, once the purchase order has been registered, the Seller will send the Purchaser, via the Website, to the e-mail address indicated, confirmation of the order containing a summary of the general and special conditions applicable to the contract, the name or name/company name of the Seller, the identification data of the Organiser, the essential information relating to the TicketOne Circuit Ticket purchased, a detailed indication of the Sale Price, the means of payment used, the Shipping Charges, the Service Fee, the delivery term as well as information relating to the contact details of TicketOne's Customer Service which the user may contact to request assistance and/or make complaints. The order confirmation email, which contains a link to the General Conditions for Buyers, in the event that the Buyer is a Consumer, constitutes confirmation of the contract concluded on a durable medium pursuant to art. 51, paragraph 7, Consumer Code; the Purchaser acknowledges and recognises that, by sending such an e-mail, the Seller has fulfilled its documentation obligations and that, therefore, the Purchaser is bound by the Contract and is, in particular, obliged to pay the Total Amount, regardless of the receipt of the order confirmation e-mail, which depends on third parties and/or factors that are outside the Seller's control (e.g. e-mail provider used by the Purchaser);

7 in accordance with Law no. 145 of 20 December 2018, amending art. 1, paragraph 545 ff. of Law 232/2016 (Budget Law 2017),TicketOne informs the user that in order to conclude the purchase contract he/she will have to verify his/her phone number by means of the One Time Password (OTP) validation code, transmitted to him/her by SMS. This verification can be performed during registration, as indicated above in point 5.5, or during the processing of the first purchase order;

8. The purchase order will be filed in the TicketOne database for the time necessary to execute it and, in any case, within the terms of the law. The user will be able to access the order form and/or the related data through his personal account called "My fanSALE";

9. The languages available to users for the conclusion of the contract are Italian and English. The Customer Service is able to communicate with the users in the same language.

8. Conclusion of the Contract and transfer of risk

8.1 In the case of an Offer of Sale at a Fixed Price, the Contract is concluded when the order containing the acceptance of the offer, sent exclusively in electronic form by the Purchaser, following the instructions that appear from time to time on the Website, reaches the TicketOne server within the deadline set by the Seller in its Offer of Sale.

8.2 The Contract will be terminated if the Buyer fails to pay the Total Amount. In the event that such payment is not made, the Contract will be deemed to be terminated. The Buyer will be notified immediately of such termination.

8.3 Ownership of the Entitlement Securities will pass to the Buyer upon completion of the Contract. In the event that the Purchaser is a Consumer, the risk of loss or damage to the Entrance Document, for reasons not attributable to the Seller, will be transferred to the Purchaser when the Purchaser or a third party nominated by the Purchaser, other than the Carrier, comes into physical possession of the Entrance Document.

9. Sale Price. Shipping and Service Fees. Means of Payment

9.1 Regardless of whether or not the Purchaser has purchased a TicketOne Circuit Ticket on the Website, the Purchaser will be required to pay the Sale Price, any Shipping Charges and the Service Fee under the Contract of Sale.

9.2 Payment of the Total Amount can only be made by credit cards of the VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, JCB, DINERS, DISCOVER and POSTEPAY circuits. The credit cards accepted are indicated on the left-hand side of the home page of the Website and in the "Payment" phase of the purchase process. The total amount due by the Buyer to TicketOne will be debited at the time of transmission of the order, in the case of a Fixed Price Offer. Credit card payments are handled through the parent company CTS EVENTIM AG & Co.KGaA,Contrescarpe75 A, D-28195 Bremen, Germany

9.3 In order to ensure the security of payments made on the Website and to protect against the possible fraudulent use of credit card data, the 3D-Secure procedure introduced by European Directive 2366/2015 (SPD2) is applied. More specifically, the 3D-Secure procedure provides that the browser data, the credit card data, the address data (billing address, e-mail address), as well as the transaction amount and currency, are transferred to the credit card issuer. The credit card issuer processes the data received to determine the fraud risk of the transaction, taking into account the amount and the result of the calculation. Depending on the findings, the credit card institute may require the cardholder to authenticate the payment transaction, e.g. by means of a transaction authentication number or an app.

9.4 Furthermore, in order to guarantee the security of payments made on the Website and to prevent possible frauds, TicketOne reserves the right to ask the user, via e-mail, to send a front/back copy of their identity card and, in the event that the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The request email will specify the deadline by which the document must be received by TicketOne. In any case, this deadline shall not exceed 5 working days from the receipt of the request by the user. While waiting for the requested document, the order will be suspended. The User shall be obliged to send the requested documents within the deadline indicated.

9.5 In the event that TicketOne does not receive these documents within the time limit specified in the e-mail request, or receives expired or invalid documents, the contract will be considered as terminated by right according to and for the effects of Art. 1456 of the Italian Civil Code, and the order and offer, respectively, will be consequently cancelled, without prejudice to the right of the Seller and TicketOne to compensation for any damages they may incur due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail within and no later than 5 working days from the expiry of the deadline for the sending of the documents requested by TicketOne, will also entail the reimbursement of the Total Amount, if paid, by means of re-crediting the same means of payment used. Should TicketOne promptly receive the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of said documentation.

9.6 The fanSALE Platform uses a secure payment service using the 256-bit TLS (Transport Layer Security) security protocol. Confidential credit card data (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment provider. TicketOne will therefore never have access to or store the data of the credit card used by the user for the payment of Admission Tickets, with the exception of the case, limited to the data relating to the card holder, as per clauses 9.3 and 9.4 above.

9.7 At the time of the first time entry, the user will be asked for the security number, i.e. the three digits that are located on the back of VISA and MasterCard cards in the signature area or immediately below this area. For cards of the American Express circuit, the verification code is a four-digit number printed on the front of the card in the top right or left-hand corner. The verification code will be verified once by the TicketOne payment system, but will not be memorized.

10. Notification to the Seller of the conclusion of the Contract of Sale and subsequent obligations of the Seller

10.1 At the same time as the conclusion of the Sale Agreement, the Seller will receive an email informing him/her of the sale. The Seller will have to log in to fanSALE and set the date for the collection of the TicketOne Ticket by the courier, which must take place within three working days from the date of the notification of the sale. When the Courier collects the TicketOne Ticket for sale, the Seller, through the fanSALE platform, will automatically send a confirmation of the collection and the status of the shipment to the Buyer, who must receive theTicketOne Ticket for sale within the next working day. The Buyer will be able to follow the status of the TicketOne Circuit Ticket delivery by logging in on "My fanSALE".

10.2 As soon as the date of collection by the Courier has been set, the Seller must print out the delivery note and the delivery receipt and put the delivery receipt in an envelope together with the TicketOne Ticket. The envelope and the delivery note must be handed to the Courier who will insert them into its own shipping envelope on the day of collection and deliver it to the Purchaser by the next Business Day.

10.3 In the event that the Seller does not deliver the TicketOne Circuit Ticket to the Courier within three working days from the date of the notification of the sale, TicketOne will automatically send a reminder e-mail to the Seller. If the Buyer has not received the confirmation after two additional Business Days, or if the Event is less than three Business Days away, the Buyer must contact the customer service team of the fanSALE Platform, using the contact form, without prejudice to any action taken by the Buyer against the Seller, if the non-delivery is due to a cause attributable to the Seller.

10.4 In the case of traditional tickets subject to the new regulations that for large concerts with more than 5,000 spectators on sale after July 1, 2019, requires the obligation of nominativeness for each ticket issued and the subsequent control of the ticket holder at the entrance of the event, the Seller is required to send TicketOne the original ticket put on sale so that it can be reprinted with the name of the new Buyer.

11. Special provisions relating to the delivery of a TicketOne Circuit Ticket in the event that the Purchaser qualifies as a Consumer

In the event that the Purchaser is a Consumer, delivery to the Purchaser's home by the Courier will be governed by the following additional conditions.
In the event that the TicketOne Circuit Ticket purchased is not delivered to the Purchaser or is delivered late with respect to the delivery deadline of four working days following the date of purchase, a deadline indicated during the purchase process and in the order confirmation, the Purchaser may report the delay to the Seller, through the function "Send email to Seller". The Seller will reply to the report within 5 days of receiving it. The Purchaser, moreover, pursuant to art. 61 of the Consumer Code, may invite the Seller to make the delivery within an additional term appropriate to the circumstances ("Additional Term ex art. 61, III paragraph, Consumer Code"). If such additional period expires without the Entitlements having been delivered to him, the Purchaser is entitled to terminate the contract ("Termination of Contract ex art. 61, III paragraph, Consumer Code"), without prejudice to the right to compensation for damages. The Purchaser shall not be burdened with the obligation to grant the Seller the Additional Term pursuant to art. 61, III paragraph, Consumer Code ("Excluded Cases") if:
(a) the Seller has expressly refused to deliver the Entitlements;
(b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
(c) the Purchaser has informed the Seller, prior to the conclusion of the contract, that delivery by or on a specific date is essential.

In Excluded Cases, the Buyer, if he does not receive the Entitlements within the delivery period indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, without prejudice to his right to compensation for damages (''Termination of the Contract in Excluded Cases''). The indication of the Additional Term pursuant to art. 61, paragraph III, Consumer Code and the communication of Contract Termination pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated by the Purchaser to the Seller, through the function "Send email to Seller".
In the event of termination of the Contract pursuant to art. 61, paragraph III, of the Consumers' Code or termination in Excluded Cases, TicketOne will reimburse the Buyer for the Total Amount without undue delay and, in any case, no later than 15 working days from the date of termination of the Contract, according to the procedures indicated in art. 11 above.
In the event of a TicketOne Circuit Ticket being subject to the new regulations, the Purchaser will immediately receive his TicketOne Circuit Ticket in the case of a Digital Ticket or in the case of a Non-Digital Ticket only after the Seller has returned the Original Ticket to TicketOne, which will re-issue a new TicketOne Circuit Ticket and send it to the Purchaser.

12. Payment of the Net Sale Price to the Seller

12.1 The Seller will receive the Net Sale Price within three Business Days following the date of delivery of the TicketOn eCircuit Ticket to the Purchaser by crediting the Purchaser's bank account, provided that the Purchaser has not reported a discrepancy between the Admission Tickets received and those purchased within 48 hours of delivery of the TicketOne Circuit Ticket, by sending a communication to the Seller through the "Discrepancy Report" function on the Website.

13. Event postponed or cancelled

13.1 TicketOne, as manager of the fanSALE Platform, is in no way responsible for the eventual postponement or cancellation of the Event by the Promoter TicketOne will inform the Buyer, in the name and on behalf of the Promoter, of the steps taken by the Promoter to reimburse or replace the Ticket for the postponed or cancelled Event. Buyer is reminded that, in the event of cancellation of the Event, the Promoter reserves the right to retain the Advance Sale and that, in this case as well TicketOne is completely extraneous to the decisions of the Promoter. Without prejudice to the fact that the Promoter will be solely responsible for deciding whether or not to reimburse the advance sale, the Buyer acknowledges, also for the purposes of awareness of their purchase decision, that any advance sale rights retained by the Promoter will not exceed 13% of the total price of the TicketOne Circuit Ticket.

13.2 Without prejudice to the provisions of point 13.1 above, in the event of cancellation or postponement of the Event by the Promoter, under no circumstances may the Purchaser request reimbursement from TicketOne of the Service Fees and/or the cost of Home Delivery or Print@homeor Delivery via E-Ticket and/or the cost of the gift box and/or any insurance premiums, if incurred, as these amounts are remunerative of the provision of TicketOne Services by TicketOne and are independent of the subsequent provision by the Promoter of services relating to the Event

13.3 In the event of cancellation of the Event,TicketOnewill reimburse the Buyer, according to the procedures and timeframe decided by the Promoter, only in the event that TicketOne has been specifically delegated to make such reimbursement and to the extent that it has received the necessary funds from the latter

13.4 If TicketOne is delegated by the Promoter to proceed with the refund operations, the Promoter will provide information on its online channels regarding the procedure for the formulation of the refund request; it will dictate the only method for present the request. In order for the request to be accepted and the refund to be paid, the procedure indicated, which consists in the presentation of the request on the online platform, must be carried out correctly within the timeframe indicated by the TicketOne.

13.5 The reimbursement of Non-Digital Tickets must be requested by the Seller; furthermore, in compliance with the fiscal regulations in force in our country Non-Digital Tickets must be returned to TicketOneby registered mail with return receipt to be sent to the address via Fabio Filzi 29, Milan, 20124, or according to another method indicated on the Website with reference to the specific Event for which TicketOne Ticket Circuit Tickets are to be reimbursed. Should the consumer fail to do so, the refund will not be paid.

13.6 The reimbursement of Digital Tickets must be requested by the Buyer.

13.7 The refund will be made by crediting the credit card or other payment method used by the Purchaser during the purchase process. The reimbursement will be made net of the Service Fee and/or the cost of Home Delivery or Delivery Print@homeor Delivery by E-ticket and/or the gift wrapping and/or any insurance coverage premium, as specified in paragraph 13.2. In any case of cancellation and/or postponement of the Event, the Client may in any case apply to the Promoter, in order to assert all his rights against the same.

13.8 TicketOne Circuit Tickets for cancelled Events cannot be exchanged for entry tickets for other Events.

13.9 Where the Event consists of a Festival, the listing of the names of the participating artists TicketOne website must in any case be considered as indicative, and therefore where one or more artists scheduled to participate do not take part in the Event or are substituted, such non-participation or substitution cannot in any case be considered as a cancellation of the Event, unless the Event itself is cancelled by the Promoter as a whole.

14. Guarantee of authenticity
TicketOne will issue to the Buyer a TicketOne Circuit Ticket of the TicketOne Circuit for which the Seller has made use of the TicketOne Ticketcheck option by including the unique identification number in its Offer of Sale, a guarantee of authenticity. According to this guarantee, if the Buyer cannot participate in an Event on the basis of a TicketOne Ticketcheck Ticket, because his or her access to the Event has been refused due to the non-authenticity of theTicketOne Ticketcheck Ticket, he or she has the right to a refund of the Total Amount by TicketOne, under the following conditions:

a. the Purchaser shall obtain written confirmation on letterhead or with an official stamp of the Promoter or its authorized representative that access has been denied. TicketOne Circuit Ticket numbers must be indicated in such confirmation.
b. The Purchaser must send the confirmation referred to in (a) above and the TicketOneCircuit Tickets to fanSALEc Customer Care. Upon receipt of the TicketOne Circuit Tickets and confirmation from the Promoter or its authorized representative, TicketOne will reimburse the Buyer for the Total Amount, limited to two Events per calendar year and the amount of EUR 250.00 per Buyer during the same calendar year.

TicketOne will not reimburse other costs to the Buyer, such as - purely by way of example - the cost of a replacement TicketOne Circuit Ticket and travel and accommodation costs.

15. Sellers Declaration and Warranty

15.1 The Sellers declare and guarantee TicketOne that every Sale Offer shall be published on the Website in full compliance with the applicable regulations and, in particular, but without limitation, with the regulations of the Consumer Code and the principle of good faith in relations with Buyers, and that the Sale Offers shall not concern counterfeit Entrance Tickets, releasing TicketOne from any and all liability in this regard with respect to any damage, including reputational damage, which TicketOne may suffer in the event of violation of this declaration and guarantee.

16. Inconsistency between Entrance Securities received and those purchased

16.1 Without prejudice to the provisions of the preceding articles, in all cases of discrepancies between the Tickets and those purchased, the Buyer may contact TicketOne at the addresses indicated in Article 17 below.

16.2 Without prejudice to the fact that TicketOne is extraneous to the Sales Contracts concluded between the Seller and the Buyer on the fanSALE Platform, and that any claim by the Buyer must be addressed solely to the Seller, TicketOne will respond to the request within 15 working days from receipt of the request, and in any case in time to allow the Buyer to participate in the Event.

17. Assistance and Complaints

17.1 It is possible to ask for information, to send communications or to forward complaints by contacting the Customer Service:
- through the Website, by accessing the following section: www.fansale.it/fansale/contact.htm;
- or at the addresses indicated, as well as in art. 2 of the present General Terms and Conditions, in the "About Us", "Contacts" and "Customer Service" sections of the Website.

17.2 TicketOne will reply to complaints by e-mail.

18. Applicable Law and Jurisdiction

18.1 The Contract is subject to Italian law. It is subject to the application to Consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

18.2 We remind you that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of these Terms and Conditions or the Contract, the competent court shall be the place where the user resides or has elected domicile.

19. Alternative Dispute Resolution/On Line Dispute Resolution and Netcomm Joint Conciliation

19.1 Pursuant to art. 141-sexies, III paragraph, of the Consumer Code, TicketOne informs the user-consumer that, in the event of a complaint submitted to TicketOne, and following which it has not been possible to resolve the dispute, TicketOne will provide the user with information regarding the Alternative Dispute Resolution body or bodies for the extra-judicial resolution of disputes relating to obligations deriving from these General Conditions for Sellers (ADR bodies, as indicated in art. 141-bis and following of the Consumer Code), specifying whether or not the user intends to make use of said bodies to resolve the dispute. ADR Bodies, as indicated in Art. 141-bis and following of the Consumer Code), specifying whether or not they intend to avail themselves of such bodies to resolve the dispute.

19.2 TicketOne also informs the Consumer user that a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be accessed at ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer can consult the list of ADR bodies, find the link to the website of each of them and initiate an online resolution procedure for the dispute in which he/she is involved.

19.3 Finally, TicketOne informs the Consumer user that, if he/she has submitted a complaint to TicketOne, but is not satisfied with the outcome of the same or has not received a reply within 30 days, he/she can initiate the joint conciliation procedure instituted by the Netcomm Consortium and the Consumer Associations, to which TicketOne adheres. The user can find further information on this procedure as well as the link to the relative regulation at the address:
/> http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl . The consumer user can send the application to partecipate in the Netcomm joint conciliation exclusively by fax to the number 02/87181126 or by e-mail to conciliazione@consorzionetcomm.it.

19.4 The user who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these GTC, to the European procedure established for small claims, by Regulation (EC) No. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and expenses, Euro 2.000,00. The text of the regulation is available on the website www.eur-lex.europa.eu.

19.5 In any case, the rights of the consumer users to bring an action before the competent ordinary judge for the dispute deriving from these GTC or from the Contract, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, shall remain unaffected.

19.6 The Seller is solely and exclusively responsible for any disputes, claims, controversies, actions, complaints, requests for reimbursement and/or compensation - including damages, of any type and nature - known and unknown, suspected and unsuspected, disclosed and unsuspected, disclosed and undisclosed - that may be presented by the Purchasers and/or any other third party (each individually and all together, the "Disputes"), as well as for any damages and/or prejudice that the Purchasers and/or any other third party may suffer ("Damages"), which depend, by way of example, on:

(i) non-compliance with applicable regulations, inaccuracies, errors, anomalies and/or omissions, of any nature whatsoever, about the information on the Seller and its Offer of Sale rendered by the Seller on the fan SALE Platform;
(ii) sale of counterfeit Entrance Securities;
(iii) failure, erroneous, delayed or incomplete conclusion and execution of the Contract or of one or more obligations arising from these General Conditions for Sellers or the General Conditions for Buyers.
The Seller undertakes to promptly resolve, also through the procedures made available to him by the Platform, any Disputes as well as to compensate any Damage. In addition, the Seller undertakes to comply with the regulations on alternative dispute resolution/online dispute resolution as per Articles 141 et seq. of the Consumer Code, which implemented Directive 2013/11/EU and as per Regulation (EU) No. 524/2013.
Given that TicketOne is extraneous to the Contract, in the event that a dispute arises, the Seller hereby releases TicketOne (as well as its officers, legal representatives, directors, employees and/or agents) from any liability connected to such Disputes and undertakes to hold TicketOne harmless and indemnified, together with its group companies, from any liability, claim for reimbursement and/or compensation, arising from or in any way connected to the disputes or Damages suffered by the Buyers and/or any other third party.

20. Provisions relating to the period of epidemiological emergency from Covid-19

20.1 During the duration of the Covid-19 epidemic emergency,TicketOne will adapt its purchasing processes, access to event venues and refunds, which may therefore be subject to limitations and constraints, following both the dynamic pro tempore regulations adopted by the Government/Legislator to deal with it, and the decisions taken by the Promoters on the basis of the same TicketOne will inform consumers of these continuous adjustments by means of information published on the Website in the appropriate sections, as well as on the sales page of the individual event involved from time to time.

20.2 Should a scheduled event not be held due to the regulatory provisions adopted by the Government/Legislator to deal with the Covid-19 epidemic emergency, the Event Promoter, pursuant to article 88 of Law Decree no. 18 of March 17, 2020 ('Decreto Cura Italia'), as subsequently amended, may choose, depending on the case, to reimburse the Tickets purchased for the event not held by means of vouchers, providing autonomously for the reimbursement operations or through sales channels delegating, thereforeTicketOne to carry out such operations. It should be noted, therefore, thatTicketOne is merely a delegated party, not the party liable for the refund, which is exclusively the Promoter of the event for which the refund is requested.