General contracting conditions

  1. IDENTIFICATION OF THE OWNER OF THE ONLINE STORE         

In compliance with the provisions of article 10 of Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the User is informed about the identification of the owner of this website:

  • Company name: Grupo Sophie SL ( hereinafter, GRUPO SOPHIE).
  • NIF: B67809095
  • Registered office: C/Cerrojo 28, esc.1, planta 2, CP 29007, Málaga.
  • Telephone: 951 63 14 84  .
  • e-mail: info@sophie.es.
  • Registration data in the Mercantile Registry: registered by deed granted before the notary of Malaga Mr. Antonio Chaves Rivas on November 26, 2021 under number 1,420 of his protocol, and registered in the Mercantile Registry of Malaga in volume 6104, book 5011, folio 99, page MA- 164462 Its registered office is in Málaga, calle Cerrojo nº 28, escalator 1, planta 2, 29007 .

 

  1. APPLICABLE REGULATIONS

The legal relationship between the parties is governed by Spanish regulations and specifically by the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE) and by Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users (TRLDCU).

These General Conditions of Contract, whose text is written in Spanish, may be stored and reproduced at any time by the User who makes a purchase, and must be accepted in advance before proceeding with the payment. Likewise, in the purchase confirmation email that we send you, we will include the link to these General Conditions of Contract.

  1. INFORMATION ABOUT THE HIRING PROCESS                  

To formalize the purchase process, the User must complete the following steps:

  • You must select the product you wish to purchase and press the “Add to cart” button. The User may add more products to the cart before formalizing the purchase.
  • Once the selection of products has been completed, the User will access their cart in which a summary will appear identifying the selected item(s).
  • In the event that the User wishes to modify any of the data entered, the summary displayed on the screen will automatically vary. The User may correct any error in the introduction of their identification or contact data, as well as errors associated with the sales process, by contacting our Customer Service Department.
  • You must also choose the payment system among those offered by GRUPO SOPHIE . In these cases, the buyer expressly declares to be the owner of the means of payment used or to have valid authorization in law for the use of the means of payment used.
  • Once the order process has been completed, GRUPO SOPHIE will send an email detailing the details of the order. This document is confirmation that the transaction has been carried out successfully and serves as accreditation for any type of claim, as long as the corresponding proof of payment is attached.
  • You can request your invoice on paper and/or in electronic format through  of our Customer Service.
  1. JURIDICAL CAPACITY

To formalize an order through the website, the Client must be of legal age and have the legal capacity to contract. Likewise, the Client must have the condition of consumer in relation to the articles that he acquires.

  1. CONDITIONS OF PURCHASE OF TICKETS TO EVENTS

The acquisition of the ticket(s) represents the acceptance, by the Buyer, of the following Conditions:

  • The date and time of the event for which the ticket is purchased and the price of the ticket will be indicated on the website at the time of purchase. Taking into consideration that the date and time of the event may be pending confirmation by the organizer, the Buyer will be solely responsible for verifying the final date and time of the event prior to its celebration.

 

  • Any ticket that is amended, broken, suspected of being counterfeit or illegally acquired will authorize GRUPO SOPHIE . to deny access to its bearer. In these cases, if access to the premises is not allowed, GRUPO SOPHIE declines all responsibility. It is a condition for admission to have the ticket complete and in good condition. The ticket must be kept until leaving the premises.
  • Only the first ticket presented at the venue will be accepted as valid and subsequent access attempts with the same ticket will not be accepted.
  • The number of tickets, their price and location will be chosen by the Client in the purchase process. You can only buy a maximum of 5 tickets per person.
  • GRUPO SOPHIE will send the purchased tickets to the email address specified by the User. The User may (i) print the ticket at the same time of completion of the purchase process as well as, (ii) save the file to your computer for later printing.
  1. CONDITIONS OF ACCESS AND STAY IN THE FACILITIES OF CELEBRATION OF THE EVENT

For security reasons, the entry of objects that may be considered dangerous or that are prohibited by current security regulations in public shows is not allowed under any circumstances. The security staff reserves the right to expel or deny access to users who:

  • Participate in altercations, brawls, fights or public disorder.
  • Introduce, carry or use any kind of weapons or objects that could produce the same effects, such as sharp, cutting elements, or elements weighing more than 500 grams/milliliters that can be used as projectiles, such as food in rigid containers, bottled drinks or their containers.
  • Introduce or be in possession of flares, firecrackers, explosives or, in general, flammable, smoking or corrosive products and pyrotechnic devices.
  • Introduce or sell any kind of alcoholic beverages, narcotic, psychotropic, stimulant or similar substances.
  • Introduce, display or make banners, flags, symbols or other signs with messages that incite violence or terrorism, or by virtue of which a person or group of them is threatened, insulted or harassed because of their racial or ethnic origin, religion or convictions, disability, age, gender, or sexual orientation.

Minors must be accompanied by an adult who assumes their care and supervision.

The holder of the ticket may be denied access or expelled from the venue in case of non-compliance with these conditions or in case of disregarding the indications made by the staff of the organization or staff of the venue.

The denial of access or expulsion may be carried out in the event that it can rationally be foreseen that their stay in the venue supposes a situation of risk or danger for the bearer himself or for the other attendees to the event, holding the bearer personally responsible, in all cases, for their own actions and omissions when these cause injuries to third parties or damage to materials.

GRUPO SOPHIE reserves all rights to the image and intellectual property of the show. The holder of the ticket acknowledges that it may appear incidentally in images taken within the venues by different means for subsequent informative or promotional dissemination.

  1. USE OF PURCHASED TICKETS

The ticket(s) purchased on the Platform must be kept in custody until the day of the event and until the end of the event. The Buyer of the ticket assumes all responsibility in case of duplicity, photocopying or falsification of the same, losing all the rights that it grants him to be able to access the venue.

The illegal resale of a ticket or the attempted illegal resale constitutes sufficient cause for the seizure or cancellation of said ticket without the right to refund or any other type of compensation.

It will constitute a crime of electronic fraud, provided for in article 248 of the Penal Code and punishable by up to six years in prison, the use of this electronic payment system to purchase tickets, when any of the following circumstances occur:

  • Provide false information about the buyer or the number of the card used as a means of payment,
  • use the data of people other than the buyer without valid authorization in law,
  • provide card numbers that do not match the buyer’s,
  • usurp the condition of holder of foreign cards,
  • use card numbers generated by computer programs or similar algorithms.

GRUPO SOPHIE is not responsible for any loss or theft of tickets. As well as any personal belongings.

The acquisition of tickets does not grant the Buyer the right to use the same, or its content, for advertising, marketing or promotional purposes (including contests, gifts and/or raffles), if it is not with the express and written consent of SOPHIE GROUP. Failure to comply with this prohibition will legitimize SOPHIE GROUP . for the disabling of the entry(s) and the initiation of any legal actions it deems appropriate to claim the damages that such conduct may have caused to SOPHIE GROUP .

  1. PRICE AND PAYMENT METHODS

The prices of our products are shown in euros, including taxes. We inform below of the different forms of payment:

 

PAYMENT METHOD

 

DESCRIPTION

CARD PAYMENT Payment by credit/debit card implies that your card information will be sent directly to the Stripe payment service provider. This entity accesses your identification data as a buyer and the data of the purchase made related to the payment process. Through this method of payment, GRUPO SOPHIE does not collect or process any Customer data related to your card number. All data is processed directly by the payment service provider Stripe so that GRUPO SOPHIE can always offer the greatest transparency and confidentiality in the transaction. For more information about Stripe and its Privacy Policy, see here.
PAYPAL Your card details will be stored securely within your PayPal account, and you will be able to use your account on our website and other merchant websites that accept PayPal.
BIZUM The User can make payments with his Bizum account without the need to provide the data of his debit/credit card or his current account. To make the payment, enter the phone number that you have associated with the service and the password for BIZUM online purchases. (If you don’t have that password yet, contact your bank). The Bizum password is a 4-digit code. If your bank has it available, go to your bank’s App in the Bizum section. Click on the button. There you will find yours, or you will have the possibility to create it. You can change it whenever you want in your bank’s App. You will receive an SMS with a confirmation code that you must enter in the payment window and complete the payment. Keep in mind that you can only use this service if your bank has it enabled. In case of return / withdrawal, the return will be made using this same means of payment.
  1. RETURNS AND WITHDRAWAL                  

The right of withdrawal does not apply to the purchase of tickets for shows or service contracts related to entertainment activities if they provide for a specific date or period of execution.

Once the ticket has been purchased, its amount will only be exchanged or refunded in the event of cancellation of the event without just cause prior to the start of the event or in the event that there is, without just cause, a substantial modification of its conditions.

In these cases, the purchaser may request a refund within a period of fourteen calendar days from the date of the public communication of the cancellation/modification, presenting, in any case, proof of purchase. In any case of return, SOPHIE GROUP . It will only reimburse the amount of the ticket, not being responsible for any other expenses such as, by way of example and with a merely enunciative character, hotels, trips, meals, diets, etc.

The passage of the period of 14 calendar days without the Buyer having requested the refund of the amount corresponding to the purchases made will be understood as the waiver by the Buyer of the refund of the amounts that, where appropriate, may correspond to them. In no case will any refund be made beyond the established deadlines.

The inability of the Buyer to attend the show for reasons beyond GRUPO SOPHIE . and/or the error when making the purchase will not be valid reasons to request a refund of the amount of the price of the tickets.

 

In the event that any of the causes of return apply, the price of the product will be refunded no later than fourteen (14) days following the day on which you notify us of your desire to return.

The same means of payment that you would have used for the initial transaction will be used, unless another means is expressly agreed. In any case, the reimbursement of the price will not entail the obligation to pay any fee or commission.

The channels enabled to request a refund are:

  • Email: info@sophie.es
  • Form available here .

Likewise, GRUPO SOPHIE has complaint and claim sheets available to customers.

Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements that are expressed below:

  • They conform to the description made and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
  • They are suitable for the uses to which products of the same type are ordinarily destined.
  • Present the usual quality and features of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product.
  1. CUSTOMER SUPPORT

To make any query or request, you can contact our Customer Service Department, through the following ways:

  • Telephone: 951 63 14 84; during hours from 8 a.m. to 2 p.m.
  • Email: info@sophie.es.
  1. PERSONAL DATA PROTECTION         

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of this data (RGPD), as well as in compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), the following points related to the treatment are reported below of personal data related to the online purchase process:

RESPONSIBLE FOR THE TREATMENT The personal data collected will be processed, as Data Controller, by Grupo Sophie SL (hereinafter, GRUPO SOPHIE ), with NIF B67809095 registered office at C/Cerrojo 28, esc. 1, floor 2, CP 29007, telephone 951 63 14 84, email  info@sophie.es
PURPOSE OF TREATMENT

The information collected in the online purchase process is processed for the purpose of managing the ticket sales process through this platform. The data collected is of an identifying nature, as well as data related to the purchase process (invoicing data and payment method).

Likewise, we will use your identification and contact data to send you personalized information about news on the website, promotions and offers of our products and services, all based on the legitimate interest of GRUPO SOPHIE in offering information to its clients in the terms provided in the Article 21.2 of the LSSICE. This information may be sent by post, telephone and/or electronically, and may involve sending personalized information based on your preferences. You must bear in mind that this data processing entails the analysis of your user profile and, therefore, what may be the products and services that best fit your browsing and purchasing habits when sending you information. For example, based on your purchase and browsing history, we may personalize our suggestions about products and services that we think may be of interest to you.

 

BASIS THAT LEGITIMATE THE TREATMENT

The basis that legitimizes the processing of data related to the purchase process is the execution of the contractual relationship between the parties. In relation to the sending of commercial communications, to registered users/customers, the legitimate basis will be the legitimate interest from GRUPO SOPHIE to carry out promotional activities by sending commercial communications related to products and services addressed to its customers. Notwithstanding the foregoing, you can request to unsubscribe from receiving commercial communications by accessing the data protection section of your account, clicking here .  or by clicking on the unsubscribe section that is included in each commercial communication that we send you.
CONSERVATION PERIOD

The information related to the purchase process will be stored for the period necessary to process the sale of tickets and manage the customer service (after-sales service); Subsequently, the information will be kept blocked during the limitation period for legal actions and, after said period, it will be deleted.

In the case of sending commercial communications, while you have the status of client, the information will be kept indefinitely unless you ask us not to send you new communications, in which case we will immediately remove you from the list of distribution of said commercial communications.

RECIPIENTS OF THE DATA Payment by credit/debit card used in GRUPO SOPHIE implies that your card information will be sent directly to our payment partner Stripe. In this way, GRUPO SOPHIE does not have access to bank details (for example, the credit card number)  that the Client provides. Payment for purchases by credit/debit card at GRUPO SOPHIE implies that your card information will be sent directly to the payment method entity.
EXERCISE OF RIGHTS

The Client has the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. The Client may request the limitation of the processing of their data, in which case GRUPO SOPHIE will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the Client may oppose the processing of their data.  In this case, the Company will stop processing the data, except for legitimate reasons, or the exercise or defense of possible claims. Finally, we inform you about your portability right provided for in the RGPD so that your data can be provided to the Data Controller indicated by the Client.  To make these rights effective, the User may choose to send an email to info@sophie.es or send a letter to the following address: C/Cerrojo 28, esc.1, planta 2, CP 29007, Málaga

In the cases in which you consider that during the processing of data by GRUPO SOPHIE your data protection rights have been violated, especially when you have not obtained satisfaction in the exercise of your rights, we inform you that you can file a claim with the competent Data Protection Control Authority (Spanish Agency for Data Protection- www.aepd.es ).

  1. VERACITY OF THE INFORMATION PROVIDED

All information provided by the Client must be truthful and accurate. For these purposes, the Client guarantees the authenticity of all data provided as a result of completing the corresponding forms. Likewise, it will be the Client’s responsibility to keep all the information provided to GRUPO SOPHIE updated, so that it responds, at all times, to their real situation. In any case, the Client will be solely responsible for any false or inaccurate statements made, and for the damage caused to GRUPO SOPHIE or third parties, due to the information provided. The Client guarantees that he is the owner of the information provided in the purchase process and of the means of payment indicated, or, failing that, he has valid legal consent for its use. In the event that there are doubts about the authenticity of the data provided, GRUPO SOPHIE may request the information strictly necessary to guarantee that the sale process is formalized with the maximum guarantees for the parties.

  1. ONLINE DISPUTE RESOLUTION PLATFORM

We inform you that the European Commission provides an online dispute resolution platform that is available at the following link: https://ec.europa.eu/consumers/odr/ . Consumers will be able to submit their claims through said online dispute resolution platform.

  1. APPLICABLE LAW AND JURISDICTION

These General Contract Conditions are governed by Spanish law. The parties submit, for the resolution of conflicts that may arise, to the courts and tribunals of the User’s domicile.

Date of last modification: 03/08/2022