These Terms and Conditions of sale define the terms for sales made through the ID Ticketing Service between you and ID Mobile.
In these Terms and Conditions, terms beginning with a capital letter have the meaning defined at the end of these Terms and Conditions.
We reserve the right to modify or adapt at any time without notice these Terms, including, bringing them into compliance with legal and regulatory provisions. We invite you to consult regularly and before placing an order. However, the General Conditions applicable to each order will be those in force on the day of the final confirmation of your order.
These Terms and Conditions are written in French, German and English. In case of divergence, the French version is authoritative.
Agreement of the Sales Contract
The agreement of a Sales Contract proceeds according to the following main steps:
1. Mobile Offer:
IDM offers an online ticketing platform and acts as a Provider for Event Organizers who wish to sell their tickets on the platform. There is no contractual relationship between Buyer and the Provider. The Purchaser only has a contractual relationship with the Organizer. By validating his order of one or more tickets, the Buyer enters into a contract with the Organizer for the service notified on the ticket and only for that ticket. For any request or claim concerning the purchased ticket, the Buyer must contact the Organizer directly, unless the request concerns exclusively the sale of the tickets.
You have the option of placing an Order from the Offers on the Organizer's page or on IDTicketing.ch.
Each Offer is the subject of a "product" and / or "service" form which indicates the main characteristics of the proposed events.
Each Offer represents an offer by the Organizer within the meaning of Art. 1 of the Swiss Code of Obligations.
At the end of the ordering process by ID Ticketing, you confirm your order by clicking the "order" button or any button of similar content.
By confirming your order, it will be considered that you accept the Offer and the Sale Agreement shall be deemed concluded.
3. Payment by SMS - Billing Request with your Mobile Operator or any other credit/debit card payment provider.
If you choose the method of payment by SMS your order automatically sends a request for billing from your Mobile Operator.
In case of a negative response to the Mobile Operator billing request, we reserve the right to treat your order as cancelled.
In detail, the order process is as follows:
It is stated, for all intents and purposes, that a positive response by the Mobile Operator to request billing is not considered as a payment. With such a response the Mobile Operator only agrees to charge you the sales price through a premium rate SMS. Your obligation to pay the sale price is only completed when you actually have paid the invoice relating thereto your Mobile Operator.
In case of positive response from the Mobile Operator, the procedure provided for in paragraphs 4 and following below applies.
4 Proposal for Payment by Premium SMS
You receive via SMS, a payment proposal by Premium SMS (Proposal Payment ID Ticketing).
5 SMS Confirmation
You confirm your acceptance to the ID Ticketing Payment Proposal by sending an SMS (premium rate) to the short number indicated on the proposal (SMS Confirmation) or via the platform Swisscom Pay by validating your telephone.
If you do not send the SMS confirmation at receipt of the Payment Proposal by ID Ticketing the Organizer reserves the right to treat your order as cancelled
6 Order Confirmation
Upon receipt of the Confirmation SMS, the Mobile Operator Agreement or the Credit Card Provider Agreement, we will send you an SMS and / or e-mail according to your choice summarizing your Order (Order Confirmation).
The Sales Contract is governed by the following documents:
The Mobile Offer
The Order Confirmation
The present Terms and Conditions
These documents are mentioned above in descending order of rank. In case of conflict between these documents, the provision of the superior document prevails.
3. PARTIES AND RESPONSIBILITY OF ID TICKETING
The Contract of Sale will be concluded between you, on the one hand, and the Organizer, on the other hand.
Except when we act expressly as "ORGANIZER", we will not be party to the Sales Contract and do not assume any obligations of the Organizer (eg obligation to produce the event or happening for which the BUYER purchased his ticket).
As part of the IDTicketing Service, we are obliged to intervene as direct representative of the Organizer: we perform certain acts and make certain communications in the name and on behalf of the Organizer, send an Order Confirmation, decline an Order, serve as a gateway or intermediary between you and the Customer Service of the Organizer, etc.
Advertised prices are in Swiss Francs and include all taxes.
The prices advertised in the Mobile Offer include, if not specifically expressed differently, fees for ordering, expedition per mail or SMS.
The Organizer and IDM reserve the right to modify its prices at any time and without notice. Such a modification will apply only to Orders placed after publishing the launch of such modification on the Organizer's page
1 Payment by SMS
The sale price will be paid through the ID Ticketing Service, namely through a premium SMS your Mobile Operator will charge you and that will go to ID Mobile , net of certain fees and commissions.
For the purposes of the Sale Agreement, it will be recognized that you have paid the amount as soon as you have paid the invoice to your Mobile Operator.
If you do not honor your obligation to pay to the Mobile Operator, Mobile ID has the right to require you to pay the agreed amount directly to the bank account that will be indicated for this purpose.
2 Payment by Credit Cards
Only the following credit cards are accepted: Eurocard / Mastercard and Visa International. The offered price shall be paid according to the payment procedure described in the registration process. The client agrees to pay the full price and the related costs for the purchased product, including taxes.
Right of withdrawal
Customers have no right to return goods or services that KeySecurity AG has provided or delivered in accordance with the Contract.
The total amount (including processing and delivery charges) of the payment due is shown during the order process and on the Order Confirmation.
The total amount will be paid by means of the ID Ticketing Service, that is to say by means of a premium rate SMS that you will be billed for by your Mobile Operator and which will be transferred to the ID Mobile, after deduction of certain fees and commissions.
For the purposes of the Sales Contract, you will be deemed to have paid this amount when you have made a payment for the corresponding invoice to your Mobile Operator.
Litigation/Refusal to pay the mobile operator bill
If you do not pay your Mobile Operator bill the ID Mobile will be duly informed. It may be that the mobile operator does not transfer us the invoiced amount following your Order. Where necessary, the ID Mobile reserves the right suspend the execution of their obligations at any time and require that you pay them the cost for your Order.
Moreover, the ID Mobile reserves the right to refuse or cancel any Order when there is litigation relating to the payment or return of previous Orders, or to bring legal proceedings.
ID Mobile undertakes to honour Orders within the limits of available stock.
In the event that all or part of a product is unavailable you will be informed by ID Mobile via email as soon as possible.
In the event that a product is unavailable, ID Mobile may cancel the Sales Contract, in which case it must refund you the amount you have paid under the terms of the aforesaid Sales Contract.
Ordered products are delivered to the address provided by you during the order process and referred to in the Order Confirmation.
Unless otherwise agreed, only orders with delivery addresses in Switzerland and Lichtenstein are permitted.
Delivery times and delays in delivery
The delivery times mentioned in the order process, unless otherwise specified, are given as an indication and are non-binding.
However if, without fault on your part, a product has a delay of more than 20 working days in relation to the indicated delivery time, you have the right to cancel the Sales Contract and ID Mobile will provide a refund of the paid amount.
Missing products or products delivered in error
Despite the care taken by ID Mobile in the preparation and delivery of the parcels, it is possible that there could be missing products or products delivered that do not correspond to your order.
Where applicable the following rules apply:
Complaint: you must address your complaint to ID Mobile by indicating the subject of the complaint (missing product, product delivered in error) within 5 working days of delivery. Failure to make a complaint within this period will be considered confirmation that you have received the number and type of products ordered;
Returns: If requested by ID Mobile, you must return defective products or products sent by error, to the address indicated by ID Mobile and in accordance with their instructions. Returned products must be in their original packaging and be accompanied by all their labels, accessories, documentation and user guides, along with the original purchase invoice so that ID Mobile can identify you. The return and reshipping costs will be the responsibility of ID Mobile;
The ID Mobile's rights and obligations In the event of a valid complaint, ID Mobile may, at their discretion (i) either send you new products in accordance with your Order subject to stock availability, (ii) or if it is not possible to deliver these products, to propose products of equivalent quality and price to the products initially ordered, (iii) or to cancel the Sales Contract and refund you the amount which you paid in accordance with the Sales Contract.
Defective Products Guarantee for defects
Unless otherwise indicated during the ordering process, ID Mobile shall provide you with a guarantee covering defects in any product delivered through the ID Ticketing Service according to the following conditions and, moreover, the legal provisions (art. 197 and following of the Swiss Code of Obligations)
Duration: one year from the date of purchase;
Verification and Notifications of defects: you must check products on delivery. If you notice a defect you must send notice of the defect to ID Mobile within 5 working days of delivery, or in the event of hidden defect, within 5 days of the discovery of the defect. If you do not respect this time limit you will lose your right to the guarantee.
ID Mobile's rights and obligations: In the event of a defect covered by the guarantee, ID Mobile may, at their discretion (i) either repair the product, (ii) or replace the product with a new identical product, (iii) or cancel the Sales Contract and refund you the amount which you paid in accordance with the Sales Contract;
Guarantee disclaimer: the guarantee does not apply: (a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to any cosmetic damage, including scratches, dents and broken plastic on ports; (c) to any damage caused by use with another product; (d) to any damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to any damage caused by operating the product outside published guidelines (technical documentation, user guides and other information provided on delivery); (f) to any damage caused by servicing (including upgrades and expansions) performed by anyone who is not a representative of ID Mobile or a service provider authorised by ID Mobile; (g) to a product that has been modified in a manner which alters functionality or capability without the written permission of ID Mobile; (h) to defects caused by normal wear and tear or otherwise due to the normal ageing of the product, or (i) if any serial numbers have been removed or defaced from the product.
Notification to ID Mobile
Any request, notification or complaint relating to the Sales Contract must be made by letter or email and be sent to ID Mobile's customer service department at the address indicated in the Order Confirmation.
However, you will also be able to address any request, notification or complaint concerning the Sales Contract to our customer service team by sending an email to us at the following address: email@example.com. Where necessary we will redirect your request, notification or complaint to the appropriate authority.
In the event that any of the provisions of these Terms and Conditions are declared invalid or unenforceable for any reason, they should be, as far as possible, adapted rather than cancelled in order to respect the intention of all parties. In all cases, all other provisions of these Terms and Conditions will remain valid and enforceable insofar as they are compatible.
Non enforcement by us of any of the stipulations of these Terms and Conditions shall not constitute a waiver of your obligations at any time and does not affect the validity of all or part of these Terms and Conditions.
We reserve the right to modify or amend these Terms and Conditions at any time, without notice, in particular in order to comply with legal and regulatory provisions. We therefore invite you to consult these Terms and Conditions regularly and before placing any Orders. However, the Terms and Conditions applicable to each order will be those in force on the day that your Order is finally confirmed.
These Terms and Conditions and the Sales Contracts are governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on April 11, 1980.
All litigation arising out of these Terms and Conditions and/or of any Sales Contract will be subject to (i) the exclusive competence of the ordinary courts at the domicile or legal residence of one of the parties, when the proceedings are brought by the Customer and (ii) the exclusive competence of the ordinary courts of the seat or the residence of the defendant, when the proceedings are brought by us or the ID Mobile. The right is reserved to appeal to the Swiss Federal Court.
The terms defined below will have the meanings given each time they are used in these Terms and Conditions:
"Customer": any person (physical or moral) using the ID Ticketing Service as a buyer. The terms "you" and "your" means the Customer.
"Order": the SMS which you send via the ID Ticketing Service by which you make an offer to purchase a product or service from the ID Mobile.
"Terms and Conditions": these terms and conditions of sale.
"Order Confirmation": the confirmation sent by the ID Mobile (or by our intermediary, on behalf of the ID Mobile) to notify you that your Order offer has been accepted.
"Sales Contract": the sales contract concluded between you and the ID Mobile resulting from the Mobile Offer, your Order and Order Confirmation.
"IDM": ID Mobile SA limited company of Swiss law, with headquarters located at chemin Pré-au Blanc, Z.I. Rio Gredon, CH – 1806 St-Légier, Switzerland. The terms "we", "our" and "us" means IDM.
"Mobile Offer": the SMS or any other communication which you receive or which you access via the ID Ticketing Service and which includes information regarding the products or the services and the deal offered to you by ID Mobile.
"Mobile Operator": any mobile phone operator who is authorised by the Swiss Federal Office of Communications (OFCOM) for the management and attribution of short codes for SMS and MMS services, in particular Swisscom Pay, Sunrise and Orange.
"ID Mobile's Page": the area reserved for a ID Mobile in the ID Ticketing Service where the Mobile Offers of the aforesaid ID Mobile are published.
"Sale Price" means the price stated in the Order Confirmation for the purchase of goods or services from Merchant.
"Proposal for Payment ID Ticketing" SMS that we send you, following the confirmation of your order and acceptance by your Mobile Operator of the billing request thereto, by which we propose to make the payment by Premium SMS.
"ID Ticketing Service": the mobile phone sales platform operated by IDM allowing you, among other things, to consult advertisements relating to products or services on your mobile phone (Mobile Offers), to order such products or services by means of your mobile phone (your Order) and to pay the sales price relating to it by means of an invoice issued by your Mobile Operator and the www.ID Ticketing.ch website.
"Confirmation SMS" SMS you send to the short code mentioned in the Proposal Payment ID Ticketing and includes your acceptance of this payment method. SMS Confirmation is the basis for billing the selling price by your Mobile Operator.