General Terms and Conditions of Contracting

Introduction

This contractual document will govern the terms of purchase and sale of products or services (hereinafter, "conditions") through the website www.madnesslive.es owned by MADNESS LIVE, S.L.U., hereinafter referred to as the provider, whose contact details are also available in the Legal Notice of this Website.

These conditions may be modified at any time. It is the user's responsibility to read them periodically, as the applicable conditions will be those in force at the time of placing orders.

The contracts will not be subject to any formality, except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the user:

• Has read, understood, and comprehended its contents.

• Is a person with sufficient capacity to contract.

• Assumes all the obligations set forth herein.

• Has registered with his/her real identification data in his/her user profile.

• These conditions will have an indefinite validity period and will apply to all contracts made through the provider's website.

The provider informs that they are familiar with and comply with Spanish legislation, and reserves the right to unilaterally modify the conditions, without affecting goods or promotions that were acquired prior to the modification.

Identity of the Contracting Parties

On one hand, the provider of the products or services contracted by the user is MADNESS LIVE, S.L.U., whose details are as follows:

COMPANY NAME: MADNESS LIVE, S.L.U.

TRADING NAME: Madness Live!

ADDRESS: C/ Torremesas, Murcia 30007 (Spain)

VAT Number (CIF): B73908402

Domain name: https://www.madnesslive.es

Contact email: web@madnesslive.es

Registration: Registered in the Commercial Register of Murcia on January 13, 2016, Volume 3148, Folio 210, Entry 1, Sheet MU-90836.

And, on the other hand, the user, who may acquire this status for the purposes of this text:

• By browsing this website and making a purchase as a registered user.

• By browsing this website and proceeding with registration using a username and password, for which they are fully responsible for usage and custody, and are responsible for the accuracy of the personal data provided to the provider.

• By browsing this website and proceeding with registration using their Google or Facebook account, for which they are fully responsible for usage and custody, and are responsible for the accuracy of the personal data provided to the provider. The provider is not responsible for the usage and privacy policies of these third parties, and the user must have read and consented to them if they choose to register through them.

Subject of the Contract

The purpose of this contract is to regulate the contractual relationship of purchase and sale between the provider and the user at the moment the user accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specified and publicly displayed price on the website, of a specific product or service.

Purchase Procedure

To access the products or services offered by the provider, the user must be of legal age and register through the website by creating a user account. Therefore, the user must provide the personal and/or company data that will be requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018, of December 5 (LOPDGDD), on the protection of personal data, detailed in the Legal Notice and Privacy Policy of this website.

Specifically, the data requested will be the minimum necessary for the provision of the service, including:

• FULL NAME

• SHIPPING ADDRESS (postal or electronic)

• CONTACT EMAIL

• PHONE NUMBER

• PAYMENT METHOD. Credit card number.

The user will select a username and password, committing to use them diligently and not make them available to third parties, as well as to inform the provider immediately in case of loss, theft, or possible unauthorized access, so that immediate blocking can be carried out.

Once the user account has been created, it is informed that, in accordance with what is required by Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow the following steps:

• General Clauses of Sale.

• Prohibition of resale.

• Order Shipping.

• Order Cancellation.

• Right of Withdrawal.

• Complaints.

• Force Majeure.

• Jurisdiction.

• Offer Details.

• Price and Validity Period of the Offer.

• Shipping Costs.

• Payment Methods.

• Purchase Process.

• Warranties and Returns.

• Promotions.

• Codes of Conduct.

• Applicable Law and Jurisdiction.

GENERAL CLAUSES OF SALE

Unless otherwise expressly agreed in writing, placing an order with the provider implies the user's acceptance of these legal conditions. No provision made by the user may differ from those of the provider unless expressly accepted in advance and in writing by the provider.

PROHIBITION ON RESALE

Identity of the purchaser. The purchase of a ticket establishes a contractual relationship between Madness Live! (Madness Live SLU, CIF B73908402, C/ Torremesas, Murcia 30007) and the purchaser. To this purpose, the purchaser agrees that his/her registered profile shows his/her true identity, post and email address and contact telephone data.  
Madness Live! is responsible for the organization of the event, its risks and its possible consequences; and, thus, it has the legitime right, as a security measure and in prevention of the fraudulent resale, to demand from the purchaser, with whom a contract for the attendance to the Concert is established, to justify the autenticity of his personal data registered, either before or during the Concert. In case that the purchaser is an entity or that the purchase is performed on behalf of such, the liability for the fulfilment of this conditions (including the payment of the penalties) is undertaken by such entity and the individual making the purchase joint and several, waiving the benefits of excussion, division and order.

Legal configuration of tickets for concerts organized by Madness Live! The tickets issued by Madness Live! (hereinafter, “tickets”) are a document that represents the contractual right of its beneficiaries to attend the concert or other event specified therein (hereinafter, “Concert”), and its sole purpose is to facilitate and speed up their access to the venue where said concert takes place. The contract represented by the ticket is ruled under these terms and conditions. To this purpose, "Beneficiaries" are only: (a) the buyer who originally purchased the ticket through one of the official channels; and (b) close people (relatives, friends, colleagues, etc.) of the original purchaser to whom the latter assigns the ticket, free of charge or by the mere reimbursement of the price paid, provided that they can prove their relationship with the original purchaser. The right represented by the ticket is always a personal and non-transferable right of the beneficiaries, regardless of whether or not their name is noted on the ticket. The ticket bar code, QR or other code allows, directly or indirectly, to identify the original buyer (or, where appropriate, another beneficiary), according to the records of the purchase in the computer systems of Madness Live! At any time, including at the entrances to the venue, ticket holders may be subjected to an identity check to verify that they are Beneficiaries and that the registered data of the user (name and surname, address, email address, telephone no.) are authentic. If they do not prove their identity or being a beneficiary status, access may be denied without the right to reimbursement.

Nominative tickets. When the nominative character of the tickets is not expressly announced, the name of the beneficiary will not be noted on them, without prejudice that the name of the purchaser may be noted. On the contrary, when it is expressly announced that the tickets are nominative, the name of the buyer or of another Beneficiary that is indicated by the buyer during the purchase process, as the case may be, will be noted on them. In this case, if all the tickets bought in the same purchase contain only the name of one Beneficiary, all the other beneficiaries must accompany him/her and enter the venue together. In these cases, the announcement of the concert issued by Madness Live! shall set forth the specific conditions to access the venue.

Prohibition of resale. Resale of tickets for all the concerts and other events organized by Madness Live! is prohibited. Likewise, the resale consisting on the inclusion in a travel package of a ticket for a concert organized by Madness Live! is also prohibited. By purchasing a ticket for a Concert, the buyer agrees that unauthorized resale causes serious damages that are difficult or impossible to quantify to Madness Live! and puts in jeopardy the safety of the event.

Tickets purchased in resale pages. Tickets for Concerts organized by Madness Live! purchased at a resale webpage (for example, Viagogo, Stubhub, Gigsberg, etc.) or at traven agencies as part of a travel package not authorized by Madness Live! are not valid to attend the concert nor grant any other right. Therefore, those who resell tickets or cooperate with them incur in a crime of deception punished in the Spanish Criminal Code with sentences of one to six years of prison, as the case may be. Victims of such frauds can address a antirreventa@madnesslive.es  to confirm their situation, ask for help to obtain the reimbursement of the money paid from the resale website and, whenever feasible, to buy a legitimate ticket.

Infractions and penalties. Consequently, without prejudice of the possible civil and criminal liabilities, the purchaser agrees that if incurs or has incurred in the past in any of the following infractions, Madness Live! shall be entitled to apply cumulatively the subsequent penalties.

1. Infractions.
1.1. To offer in unauthorized resale one or more tickets.
1.2. To buy one or more tickets hiding or misrepresenting his/her personal identity and contact data or supplanting a third person’s identity.
2. Penalties.
1.2. All the tickets purchased before or after the infraction, directly or indirectly,
on his/her own name or through or on behalf of a third individuals or entities, from the same or other user profiles, for the same or for other concerts or events, shall lose all rights (including the right to attend the Concert) without refund of the price paid for them. Madness Live! shall be entitled to annul them and put them back on sale.
2.2. And, likewise, cumulatively, the purchaser (and, as the case may be, the purchasing entity) shall pay Madness Live!, as damages and penalty, determined as a lump sum without the need for proof of actual damages and waiving to the weighting by the Courts, an amount equivalent to ten times the price of all the tickets (VAT and distribution surcharge included) purchased since three years before the infraction until the moment in which Madness Live! claims the payment of said penalty (without prejudice of later claims related to later purchases), regardless of such tickets having been purchased directly or indirectly, on his/her own name or through or on behalf of a third individuals or entities, from the same or other user profiles, for the same or for other Concerts.   

Jurisdiction. Given the lucrative purpose of resale, offenders are not covered by the consumer defense regulations and they submit themselves to the jurisdiction set forth below in the section APPLICABLE LAW AND JURISDICTION of this document.

Limitation of the number of tickets. Madness Live! may set forth for each specific Concert and circumstances, the maximum number of tickets that a purchaser may be entitled to buy. Purchases made from different user registered profiles shall be accumulated for the purposes of this limitation. If this limit is exceeded, Madness Live! shall be entitled to cancel all or part of the tickets purchased or apply other precautionary measures against fraudulent resale.

ORDER SHIPPING

Products

The provider will not send any order or activate any service until it has verified that payment has been made by the user.

The shipment of goods takes place within a maximum period of two weeks after making the purchase, and the customer will be informed when the purchase will be made.

The transport company used for order shipping is Correos.

Tickets

Upon purchasing tickets, the ticket and purchase confirmation will be sent to the email provided by the user, with a copy saved in the user's profile under the "my tickets" section.

Users may not purchase more than 6 tickets. If a user attempts to purchase more than 6 tickets, the excess may be canceled.

Failure to Perform the Distance Contract

Delivery dates or periods will be considered approximate and will not constitute an essential breach if there is a slight delay. If the provider has not delivered the goods within 10 days from the agreed delivery date due to product or service unavailability, the user must be informed and will be entitled to cancel the order and receive a full refund without any cost within a maximum period of 30 days, without any liability for damages and losses attributable to the provider.

In case of unjustified delay by the provider in refunding the total amount, the user may claim a 25% surcharge on the amount owed, without prejudice to their right to be compensated for damages and losses exceeding that amount. "Unjustified delay" will not be considered if it arises from:

• The stock of raw materials.

• The delay in the delivery of raw materials by the supplier.

• Substantial modifications to the order by the customer.

• Service collapse.

• Force majeure events such as transport or supplier strikes, wars, pandemics, or any other event that could hinder the proper functioning of the services.

The delivery period is usually 3 to 5 business days within national territory and 4 to 7 for international shipments, depending on the destination once the shipment has been made. This term is understood as long as the availability of the merchandise has been confirmed and full payment of the order has been verified.

If the data provided by the user is false, inaccurate, or incomplete, the provider will not assume any responsibility if the delivery of the product or service cannot be completed.

Delivery will be considered completed at the moment the carrier makes the products available to the user or the person delegated by the user, any employee of the company, or resident at the address, who signs the delivery receipt document in the case of product purchases.

For ticket sales, delivery will be considered completed at the moment the user receives the email with the attached tickets and they are available to the user in the "my tickets" section of the website's private area.

The user is responsible for checking the products and/or tickets upon receipt and must state any reservations or claims that may be justified in the delivery receipt document.

ORDER CANCELLATION

Once a purchase process is completed, products cannot be modified, and the order cannot be canceled. In order to guarantee delivery within the established deadlines, orders are processed immediately, avoiding any changes.

RIGHT OF WITHDRAWAL

Regarding products:

The user has the same rights and deadlines to proceed with the return and/or claim any defects or flaws in the product or service, both online and offline.

The user has a period of fourteen natural days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014, of March 27). Unless the return is due to defects in the product, shipping costs will be borne by the user. The product must be returned in its original packaging and in perfect condition. In the case of services, the right of withdrawal applies from the day of activation and/or download of the service.

The right of withdrawal cannot be applied in the following cases:

• If the product is not in perfect condition.

• If the product packaging is not original or in perfect condition. The packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes directly applied to the product is prohibited.

• If the product has been used.

• If the products are personalized or specially designed for the customer, or if they fall under any of the exceptions provided by Article 103 of Law 3/2014, of March 27, due to hygiene or other reasons.

• For the supply of products whose price depends on fluctuations in the financial market that the provider cannot control and that may occur during the withdrawal period.

• For the supply of products made according to the user's specifications or clearly personalized.

• For the supply of products that may deteriorate or expire rapidly.

Any return must be communicated to the provider, requesting a return number through the form provided for this purpose, or by email to web@madnesslive.es, indicating the corresponding invoice or order number.

Once the user has received the return number, they will send the product to the provider, indicating this number on the shipping letter. The user will bear the transportation costs, and the product must be sent to the address located at C/ Torremesas, Murcia 30007 (Spain).

The user will assume the transportation costs in case of a return due to exercising their right of withdrawal. If the return is due to an error or a cause attributable to Madness Live!, the provider will cover the return costs.

Regarding tickets

CLAIMS

Any claim that the user deems appropriate will be attended to as soon as possible and can be made through the following contact addresses:

MADNESS LIVE, S.L.U.

web@madnesslive.es

C/ Torremesas, Murcia 30007 (Spain)

FORCE MAJEURE

The parties shall not incur any liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.

JURISDICTION

The user may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is deemed null or impossible to fulfill, the validity, legality, and compliance of the rest shall not be affected in any way, nor shall they be modified in any way.

The user declares to have read, understood, and accepted these conditions in their entirety.

GENERAL TERMS OF THE OFFER

All sales and deliveries made by the provider are subject to these conditions.

No modification, alteration, or agreement contrary to Madness Live!'s commercial proposal or the stipulations here established will have effect, except for a written agreement expressly signed by the provider. In this case, these specific agreements will prevail.

Due to ongoing technical advances and product improvements, the provider reserves the right to modify the specifications regarding the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications will also be valid in case the possibility of supplying the offered products is affected for any reason.

PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product include the Value Added Tax (VAT) or other applicable taxes in Spain. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance, or any other additional services related to the purchased product or service.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The user acknowledges that the economic assessment of some products may vary in real-time.

Before making the purchase, the user can check all the details of the quote online, including items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.

Once the order is placed, the prices will remain the same, whether the products are available or not.

For any information regarding the order, the user can contact the provider's customer service email web@madnesslive.es or through the form provided at https://www.madnesslive.es/es/atencion-al-cliente.

SERVICE FEES

For ticket sales, there will be service fees, distribution, or commission charges of 10% on top of the base ticket price, and these will be paid by the user. This percentage may be modified punctually depending on the characteristics of each event. The service fees will be reflected in the user's cart before completing the purchase.

SHIPPING COSTS

Prices do not include shipping costs.

Shipping costs will be calculated when the user saves their cart or budget since they are determined by the quantity of products and the delivery address, according to the table provided below.

SPAIN/PENINSULA

INTERNATIONAL

The transport costs in case of return due to the right of withdrawal are borne by the customer. However, if the return is due to an error or fault attributable to Madness Live!, the provider will cover the return costs.

PAYMENT METHODS

The provider only allows payment through Mastercard, Visa, Maestro, UPI, JCB, Discover, and American Express credit cards.

If you need to make the payment through another payment method, you can contact the provider via email at web@madnesslive.es.

SECURITY MEASURES

The website uses generally accepted information security techniques in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, to prevent unauthorized access to data. For this purpose, the user/customer agrees that the provider may obtain data for the purpose of the corresponding authentication of access controls.

The provider undertakes not to allow any transaction considered illegal by credit card brands or the acquiring bank, which may or has the potential to harm their goodwill or negatively influence them.

The following activities are prohibited under the card brands' programs: the sale or offer of a product or service that does not comply with all applicable laws for the buyer, issuing bank, merchant, or cardholder.

PURCHASE PROCESS

Cart (simulation of budget)

Any product from our catalog can be added to the cart. In the cart, only items, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping data entered.

Carts have no commercial connection; they are only a section where a budget can be simulated without any commitment from both parties.

From the cart, an order can be placed by following the following steps for its correct formalization:

1. Verification of the address.

2. Acceptance of the general conditions.

3. Selection of the payment method.

4. Place the order (buy).

Once the order is processed, the system will instantly send an email to the provider's management department and another to the email provided by the user confirming the order's placement.

Orders (purchase requests)

Within a maximum of 24 hours on business days, an email will be sent to the user confirming the order's status and the approximate shipping and/or delivery date if the order is placed before 10 AM. If the order is placed after 10 AM on the day, this process may take up to 48 hours.

Madness Live! reserves the right not to accept the user's purchase request if the requested product is not available at the time of the request. In such a case, Madness Live! will inform the customer of this fact, not charge any payment, and refund any payments made.

WARRANTIES AND RETURNS

Regarding products:

The warranty for the products offered will comply with the following articles based on the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, particularly, but not exclusively, articles 114 to 124 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, as long as the user is considered a consumer or user.

Specifically, the user has the right to the legal conformity guarantee of the goods, with Madness Live! being responsible for defects that appear within two years from the delivery of the product, provided they are factory defects and not caused by normal or abnormal use.

Goods will be considered conforming to the contract as long as they:

• Comply with the description given and possess the qualities presented on the website store.

• Are suitable for the purposes for which products of the same type are ordinarily intended.

• Present the usual quality and performance of a product of the same type that is reasonably expected.

In this regard, if any of the products are not in conformity with the contract, the user must immediately notify Madness Live! providing the product data and details of the damage through the following address: web@madnesslive.es.

In case of justified warranty claims, the user will have the right to demand, at their choice, repair, replacement (unless one of these two options is impossible or, compared to the other corrective measure, entails disproportionate costs for Madness Live!), price reduction, or contract termination.

DEFECTIVE PRODUCT ON DELIVERY

In the event that the product is damaged during transportation, the customer must indicate it on the carrier's delivery note.

If, after checking the order, the customer notices discrepancies between the received materials and the shipping note, or the order is damaged by any impact, they must contact Madness Live! as soon as possible through the contact form established for this purpose or via email at web@madnesslive.es, indicating the order or invoice number and details of the anomalies.

It is very important that once the carrier has left, even if the box appears to be in perfect condition externally, the customer checks the item and ensures it has no dents or aesthetic damages, and if possible, proceed to test the product. Transportation companies do not assume responsibility for damages caused by transport beyond 24 hours from the receipt of the shipment.

In case of exercising the right of withdrawal, the return costs will be borne by the customer. Once it is verified that the product meets the return requirements, the refund of the amount paid will be processed within 24/48 business hours.

If the return is due to an error or fault attributable to Madness Live!, the provider will cover the return costs, and the refund of the amount paid will be processed within 24/48 business hours.

Regarding tickets:

If the event for which the user has purchased a ticket is canceled, rescheduled, or substantially altered by the organizing team, the artist, or the Promoter, the user must contact the provider.

Once the ticket is purchased, it will not be exchanged or refunded, except for causes provided for by current legislation.

The inability to attend an event or show or an error in the purchase of the ticket(s) are not reasons that allow for a refund. In case of a refund due to any of the aforementioned causes, travel, accommodation, and any other expenses related to the user's attendance at the concert will be borne by them, and these amounts will not be refundable in any case.

The user will not be entitled to exercise the right of withdrawal or resolution, in accordance with the current regulations on consumer protection and retail trade.

Cancellation: If a show is canceled (and not rescheduled), the user will be offered a refund of the ticket sale price, in accordance with current legislation. If a show takes place over several days, and one or more day(s) are canceled (but not all days that make up the show), a partial refund will be made corresponding exclusively to the canceled day(s).

If a refund is due to a cancellation, the corresponding amounts will be refunded according to the applicable legislation in each place where the concert takes place.

Change of date: Unless otherwise indicated regarding a specific show, if the date is changed, tickets will be offered to the user (subject to availability) with a value corresponding to the originally purchased tickets. If the user is unable to attend the show on the new date, a refund of the ticket sale price will be offered. The user must inform the provider through the channels provided if they cannot attend the new date within the period set by the provider in each case. Otherwise, the provider will confirm the ticket(s) for the new date, and the user will not have the right to demand a refund.

Substantial Alteration: If a show is substantially altered, the user may choose to confirm the corresponding order for the altered show or request a refund of the ticket sale price, in accordance with current legislation. If the user does not communicate their decision within 72 hours following the notification, and unless the promoter expressly states otherwise, the provider will understand that the user chooses the refund. A "substantial alteration" is a change that significantly differs from the show that buyers of the tickets could reasonably expect in general. The following will not be considered a substantial alteration:

• Any opening act performance.

• Venue change in the same city;

• Changes in any member of a group.

• The lineup of any show featuring multiple artists (such as a festival).

To request a refund, the user must send their request in writing to web@madnesslive.es. In each case, the specific period for making the appropriate refunds will be indicated.

In the case of a cancellation, the refund may be made within fifteen days from the date of the public communication of the show's suspension. After this period, no refunds will be accepted.

The refund of the ticket amount, once approved by the provider, will be automatically processed to the card from which the purchase was made within approximately 3 to 15 business days after the approval by the provider. To verify the payment, the user must check the statement of the debit or credit card used for the purchase.

PROMOTIONS

Madness Live! may offer discounts on tickets or merchandise, and their advertising will be done through Madness Live!'s social media and/or the newsletter. In each case, the procedure to redeem each promotion will be informed. In the case of returns of promotional products, the refund amount will never be higher than the amount actually paid.

CODE OF CONDUCT

It is informed that Madness Live! is not adhered to any code of conduct, either its own or external. In the future, this adherence may be modified by the will of Madness Live! without any express written communication with its consumers and/or users.

APPLICABLE LAW AND JURISDICTION

For any controversy arising in relation to the provision of products and services set forth in these terms, Madness Live! and the user submitt themselves ot the Courts of Madrid. Nevertheless, if the user is considered as a consumer, the jurisdiction set forth in the user protection regulations will be competent.