Terms and conditions card buyer

July 2021 version 1.0

Please read these terms and conditions carefully so that you know your rights and obligations when using the Service (as defined below). If you make any use of the Service and/or check the "Yes, I agree to the terms and conditions" box during the registration process, you accept to be bound by these terms and conditions.

  • Definitions

In these general terms and conditions, the following terms, always written with a capital letter and used in both singular and plural, have the following meanings:

  1. General Conditions: these general conditions of Eventgoose.
  2. Service: the service, offered by Eventgoose, through which User can purchase one or more Ticket(s) from Organizer for an event organized by or on behalf of Organizer.
  3. Eventgoose: the private company with limited liability Eventgoose B.V., located at F.B. Deurvorststraat 43, 7071 BG Ulft and registered in the trade register of the Chamber of Commerce under number 55715796.
  4. User: the natural and/or legal person using the Service.
  5. Intellectual Property Rights: all intellectual property rights, including but not limited to copyright, database rights, trade name rights, trademark rights, design rights, neighboring rights, patent rights, and related rights such as domain names and rights to know-how.
  6. Purchase Agreement: the agreement entered into between User and Organizer for the purchase of one or more Ticket(s) through the Service.
  7. Organizer: the party organizing the event or having it organized by third parties, and for the purpose of selling Tickets for that event has commissioned Eventgoose to mediate the sale of Tickets to Users on its behalf, through the Service offered by Eventgoose.
  8. Agreement: the agreement for use of the Service, which is established between User and Eventgoose, and of which these General Terms and Conditions are an inseparable part.
  9. Parties: Eventgoose and User.
  10. Privacy Policy: the privacy policy of Eventgoose.
  • Refund: The full or partial refund of one or more Ticket(s) purchased through the Service by User.
  1. Ticket: a ticket that constitutes the admission ticket to the event organized by Organizer.
  • Applicability
  1. These General Terms and Conditions apply to the Purchase Agreement, the Agreement, the Service, and all other (legal) acts performed between the Parties.
  2. Any general terms and conditions of the User are expressly rejected.
  3. If provisions of these General Terms and Conditions prove to be in conflict with provisions of the Agreement, the provisions of these General Terms and Conditions shall prevail, unless expressly agreed otherwise.
  4. Deviations and additions to these General Conditions shall only be valid if agreed upon in writing between the Parties, without prejudice to Eventgoose's right to modify or supplement these General Conditions at any time in accordance with Article 2.5.
  5. Eventgoose is authorized to amend or supplement the General Terms and Conditions at any time subject to a thirty (30) day notice of the amendment on the Eventgoose website and/or in the Service. If User does not wish to accept the amended and/or supplemented General Terms and Conditions, she may, until the date on which the amended and/or supplemented General Terms and Conditions become effective, terminate the Agreement by that relevant date. If User continues to use the Service after the expiration of the aforementioned period, she declares that the amended and/or supplemented General Terms and Conditions have been made available and agrees to them.
  6. If any provision of these General Conditions and/or the Agreement turns out to be void, this shall not affect the validity of the entire General Conditions and/or Agreement. In such a case Eventgoose will replace (a) new provision(s), which as much as legally possible reflects the intention of the original Terms and Conditions and/or Agreement.
  • Service
  1. The conclusion of the Purchase Agreement for (and/or reservation of) the Ticket, and all associated (legal) acts such as the sending of Tickets, takes place between User and Organizer, with User acting as buyer and Organizer acting as seller. The conclusion of this Purchase Agreement takes place via the Service. Eventgoose is expressly not a party to the Purchase Agreement, therefore no Purchase Agreement is established between Eventgoose and User, nor between Eventgoose and Organizer. Eventgoose's Service, and the Agreement purporting to use it, serves merely to facilitate the conclusion of this Purchase Agreement. Eventgoose thus acts merely as a mediator between User and Organizer, and arranges payment for the Tickets. The Organizer's (company) details will be made available via the Service.
  2. Eventgoose grants User, upon formation of the Agreement, under the terms of these General Terms and Conditions, the right to use the Service for the purpose of entering into a Purchase Agreement with Organizer for the purchase of the Ticket.
  3. Eventgoose will agree with Organizer that the Purchase Agreement will be in accordance with the provisions of Section 3.4 after User has ordered one or more Ticket(s) through Eventgoose's Service.
  4. The Purchase Agreement is established in the following manner:
    1. The User browses to the webshop on the website / facebook page of Organizer;
    2. User selects at step 1 "General" the number of tickets he/she wishes to purchase for the event organized by Organizer;
    3. Optionally, the User enters a guest list code if he/she is invited to the event and allowed to be on the guest list;
    4. If the information is correct, User clicks next;
    5. User enters his/her data at step 2 "Data", consisting of his/her email address, customer name, city, date of birth and gender. The processing of this data is subject to the Privacy Policy. Also, User must check that he/she agrees with these Terms and Conditions;
    6. If the information is correct, User clicks next;
    7. User arrives at step 3 "Overview" to an overview of his/her order;
    8. Event, date of event, time of event, description of tickets ordered, number of tickets ordered, price of tickets ordered and any service charges are shown here;
    9. Optionally, the User enters a discount code, if he/she received a discount code for the event;
    10. User chooses payment method;
    11. Payment is made through the payment module of the selected payment method;
    12. After payment, User will receive the ordered tickets at the email address he/she provided;
  1. The Purchase Agreement is finally established if and when Eventgoose has received the (authorization of) payment by User.
  2. Once the Purchase Agreement is established, it will be confirmed to the User via email.
  3. If no (authorization of) payment by User is obtained by Eventgoose, User will receive notification of the failure of the transaction and the failure to establish the Purchase Agreement via the email address provided by him/her.
  4. The Purchase Agreement is irrevocable. The right of withdrawal of Article 6:230o paragraph 1 Civil Code is expressly not applicable, in accordance with the provisions of Article 6:230p under e Civil Code. The law excludes a contract for services related to leisure activities, if the contract provides for a specific time or period of performance, from the right of withdrawal.
  5. User is not permitted to make use of the Service in violation of the Agreement and/or applicable law. This includes in any case, but not exclusively, infringing on Intellectual Property Rights and/or privacy rights of Eventgoose, Users and/or third parties, hacking the Service and other unlawful acts.
  6. Eventgoose is authorized to take the Service (temporarily) out of use and/or to restrict the use thereof, or not to deliver or to deliver only to a limited extent, or to suspend any obligation on its part, if User fails to meet any obligation to Eventgoose and/or Organizer in full or properly.
  • Payment
  1. Without prejudice to the provisions of Article 3.1, all payments within the framework of the Ticket Purchase Agreement shall be made by User through mediation by Eventgoose. Prices and (additional) conditions of payment and/or for the relevant Event may, as part of the Purchase Agreement, be determined between Organizer and User.
  2. Payments made by User and received by Eventgoose will be forwarded to Organizer, subject to deduction of the fee agreed upon between Eventgoose and Organizer and under conditions to be further agreed upon between them.
  3. Eventgoose is authorized to collect fees from Users for purchased Tickets on behalf of Organizers. Payment of fees for Tickets cannot be made directly to the Organizer.
  4. Eventgoose will offer various payment options through the Service, the full list of which can be found on through Eventgoose's website and in the Service. The availability of the various payment options may vary depending on arrangements with the Organizer.
  5. All prices include VAT and other taxes.
  6. All prices are in euros.
  7. All prices are subject to clerical and typographical errors. Eventgoose is not liable for the consequences of such errors. User can not hold Eventgoose to offers or prices that she should reasonably expect the offer and/or price to be an obvious error or clerical error.
  8. If the User fails to fulfill his payment obligations to Eventgoose within the specified period, Eventgoose shall have the right, after notice of default, to transfer the claim to a third party for collection. The costs involved may be charged to the User, which will be calculated as follows:
    1. 15% on the first 2,500 euros of the claim, with a minimum of 40 euros.
    2. 10% on the next 2,500 euros of the claim.
    3. 5% on the next 5,000 euros of the claim.
    4. 1% on the next 190,000 euros of the claim.
    5. 0.5% on the excess, with a maximum of 6775 euros.
  9. Refund
    1. By order of the Organizer, Eventgoose may proceed with a Refund. The reason for a Refund is irrelevant in this regard.
    2. In the event of a Refund, a User will always receive the amount refunded withholding any transaction fees paid and the fee agreed upon between Eventgoose and Organizer, namely the service fee.
    3. Eventgoose will never proceed with a Refund on its own accord and will always coordinate with the Organizer.
  • Warranties and indemnities
  1. User accepts that the Service contains only the functionality and other features as she finds them in the Service at the time of use ("as is basis"). Eventgoose does not guarantee that the Service will be accessible at all times and without interruptions or failures, nor that the Service will be provided error-free and/or complete. Failures in the Service may occur partly, but not exclusively, due to Internet connection failures, due to viruses and/or due to errors or defects.
  2. User warrants that all information it makes available to Eventgoose or through the Service will be true, correct and up-to-date.
  3. User shall indemnify Eventgoose against all damages and third party claims based on or arising out of (i) the allegation that any activity of User is unlawful in any way, including but not limited to activities in violation of these Terms and Conditions and/or the Agreement.
  • Intellectual Property Rights
  1. All Intellectual Property Rights in the Service, including all underlying software and associated source codes, designs, documentation and the like, belong exclusively to Eventgoose and/or its licensors.
  2. User only acquires the rights of use arising from the Agreement and/or these General Terms and Conditions and only for that intended use. Said right of use shall relate exclusively to the object code of the software underlying the Service: the User's right of use shall not extend to the source code of the software concerned.
  3. The right to use the Service is always non-exclusive, non-transferable and non-sublicensable, and is granted only under the terms of these Terms and Conditions.
  • Privacy
  1. The use of the Service and the processing of personal data through the Service and under the Agreement is subject to Eventgoose's Privacy Policy. Eventgoose will process personal data in accordance with the Privacy Policy and the General Data Protection Regulation (GDPR).
  2. The parts of the Service by means of which Tickets can be ordered and paid for will be secured with appropriate technical and organizational measures to prevent the User's personal data from being processed carelessly and/or unlawfully. These measures will in any case meet a level that is not unreasonable given the state of the art, the sensitivity of the personal data and the costs associated with implementing security. Eventgoose will endeavor to take effective measures under all circumstances but cannot guarantee this.
  3. In light of the purchase agreement, Personal Data is processed. How Eventgoose handles Personal Data is described in our Privacy Policy. The ultimate responsibility of processing Personal Data lies solely with Organizer. For more information, please see the relevant Organizer's Privacy Policy. By contrast, Eventgoose has made agreements with Organizer regarding the processing of Personal Data it obtains from User through the Service. These agreements provide, among other things, guarantees regarding the technical and organizational security measures with respect to the processing to be performed in light of the Service, on behalf of Organizer. User may also contact Organizer with his/her requests to provide information and/or to inspect, correct or delete his/her personal data in light of the Purchase Agreement. The responsibility for compliance with these obligations rests with Organizer. If required for compliance with applicable privacy legislation, Eventgoose will provide its necessary cooperation to enable Organizer to fulfill its obligations under such legislation. However, the responsibility for compliance with these obligations rests with Organizer.
  4. Eventgoose will not, without the prior consent of User, unless compelled to do so by virtue of the performance of the Agreement or pursuant to applicable law, process the Personal Data to be processed (i) provide it to other third parties or (ii) process for purposes other than the performance of the Agreement.
  5. User acknowledges and warrants that he/she is not under sixteen (16) years of age. If he/she does under the age of sixteen (16), User represents and warrants that he/she has permission from his/her legal representatives to use the Service.
  • Liability
  1. The liability of Eventgoose is limited per event or a series of related events to compensation for the direct damage suffered by User as a result of an attributable shortcoming in the fulfillment by Eventgoose of its obligations under the Agreement, by wrongful act or otherwise, up to the amount of fees Eventgoose has retained from the fees paid by User to Organizer through the Service (including VAT). In no case shall the total compensation for direct damages exceed EUR 100.
  2. Liability of Eventgoose for indirect damages, including all damages that are not qualified as direct damages, including in any case consequential damages, lost or stolen Tickets, counterfeit Tickets, other type of abuse or wrongful acts by Users, Organizers and/or third parties, cancelled events, extra costs, damages caused by visiting the event or related, breakdowns, maintenance, abuse, is excluded.
  3. Eventgoose's limitation of liability shall cease to apply if and to the extent the damage resulted from intentional or gross negligence on the part of Eventgoose or its executive staff.
  • Duration and termination
  1. The Agreement will be entered into for an indefinite period of time. The Agreement may be terminated at any time by either Party in writing and/or through the Service.
  2. More specifically, Eventgoose has the right to terminate the Agreement immediately in the event User violates the Agreement and/or the General Terms and Conditions. Eventgoose is also entitled to terminate the Agreement with immediate effect if the Agreement between it and Organizer ends or ceases to exist for any reason and in any manner whatsoever (prematurely).
  3. Termination may occur without notice of default being required and without Eventgoose becoming liable for damages to User.
  4. Each of the Parties shall be entitled to dissolve the Agreement on account of an attributable failure in the performance of the Agreement if the other Party, after a written notice of default which is as detailed as possible and in which a reasonable period is given to remedy the failure, fails imputably in the performance of essential obligations under the Agreement.
  5. If at the moment of dissolution, as referred to in the previous paragraph, User has already received performances in execution of the Agreement, these performances and the related payment obligation will not be the object of undoing. Amounts that Eventgoose has passed on to User prior to dissolution shall remain due in full and shall become immediately due and payable at the time of dissolution.
  6. Upon cancellation, termination or dissolution for any reason whatsoever, Eventgoose is entitled to immediately deny all access to the Service and delete or make inaccessible all stored data, including any Tickets. Eventgoose shall have no obligation in such case to provide User with a copy of such data and/or Ticket.
  7. The provisions intended to survive termination, dissolution or other manner of termination of the Agreement shall survive termination, dissolution or other manner of termination of the Agreement.
  8. Eventgoose is entitled to transfer its rights and obligations under the Agreement to a third party that acquires Eventgoose or the relevant business activity from it in the event of a merger or acquisition
  • Applicable law and dispute resolution
  1. The Agreement and these General Terms and Conditions and any use of the Service are governed by Dutch law, unless a rule of mandatory law dictates otherwise.
  2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes, including disputes that are only considered as such by one party, arising from or related to (the execution of) the Agreement, the General Terms and Conditions or any use of the Service and/or with the resulting or related agreements, will be settled through mediation. If it proves impossible to resolve a dispute as described above by means of mediation, such dispute shall be settled by the competent court of the district of Amsterdam, unless a rule of mandatory law dictates otherwise.