General Terms and Conditions of Use of the App
(May 2017 Version)
Summary of the main terms and conditions of sale
These General Terms and Conditions shall govern the offer and sale of the Products (as defined herein below) on the website www.musement.com, on other websites pointing to or integrated with www.musement.com or subdomain thereof (musement.com or the Website) and on the Musement App (the App) carried out by Musement S.p.A. with registered office in Milano, via Polesine no. 13, enrolled in the Company Register of Milan under no. MI1995020, Tax Code and VAT no. 07978000961, online travel agency license no. 170695 Regione Lombardia (Musement).
Please read the entire General Terms and Conditions carefully before placing your order, as this is only a summary of the main terms and conditions of sale.
PERSONS ENTITLED TO PURCHASE: only adults can be customers of the Website and of the App (any individual who is acting for purposes which are outside his or her trade, business or profession).
PRODUCTS OFFERED (the Products): Musement sells vouchers for redeeming tickets or tickets directly issued by museums, cultural institutions, theatres and tour operators (the Supplier) or by third party sellers to access the Supplier’s premises and exposition and/or to enjoy the leisure/travel services offered by the Supplier (the Supplier’s Service). The Products may also include tickets for leisure/travel services provided directly by Musement (including travel packages, which in any case shall be subject to additional terms and conditions) and additional services ancillary to Supplier’s Products. In case it directly provides a Product, Musement shall be considered as a Supplier under these General Terms and Conditions. Unless otherwise provided, with respect of any purchase you may make on the Website and App, Musement acts as an agent or reseller of the Supplier or of third party seller or as a service provider, Musement disclaims any responsibility for the adequacy of the Supplier’s Service or for the consequences of using the Supplier’s Service.
PRODUCTS AND PRICES: products are described in the “product description” page of the Website and App. Prices are calculated in the currency selected by you among those available and always include VAT.
ORDERING PROCEDURE: to place an order for the purchase of one or more Products, you must fill out the online Order Form (to be considered as a contractual proposal) and send it electronically to Musement. By submitting an Order Form to Musement, you state (a) to have fully read and understood the “product description” of the Supplier’s Service and (b) to unconditionally accept and undertake to observe the provisions of these General Terms and Conditions, and (where applicable) the terms and conditions of sale of the Supplier (the Service Conditions). We recommend that you read the cancellation and no-show policy of the relevant Supplier carefully prior to making your reservation. You must attend the Supplier’s Service at the time booked, no reimbursement is granted for failure of timely attendance.
PROCESS OF THE ORDERS: upon submission of an Order Form, Musement and/or the Supplier shall either deliver your electronic ticket or provide via email the location where a hard copy of your ticket has been made available.
For further information you can contact the Musement Customer Care by e-mail at the following address firstname.lastname@example.org.
When acting as a travel agency pursuant to the applicable law, Musement is covered by the insurance issued by Allianz no. 194904.
2.1 Products are offered for sale only to (a) consumers (pursuant to Legislative Decree no. 206/2005) including any individual who is acting for purposes which are outside his or her trade, business or profession; (b) adults (pursuant to the laws of their respective Country).
Musement shall be entitled to object to the processing of orders from persons other than consumers, and to any other ticket order which does not comply with these General Terms and Conditions.
2.2 Musement sells though the Website and App:
(a) Vouchers to redeem tickets to access the Supplier’s Service as an agent or reseller of the relevant Supplier or of a third party seller (hereinafter Route A);
(b) The access to the Supplier’s platform to purchase ticket to access the Supplier’s Service (hereinafter Route B);
(c) Tickets for leisure/travel services organized by Musement and any Product sold directly by Musement (hereinafter Route C).
The Service will be operated directly by Musement only if specified.
A. Rules common to Route A, Route B and Route C
3. Product information and price
3.1 You will find the specifications and information of the Supplier’s Service and of the Product in the “product description” on musement.com. In this section you will also see the price of the relevant Product, which shall be calculated in the currency selected by you among those available and include VAT. Please ensure that all pricing information on the Website is correct before placing an order.
3.2 In accordance with article 7 of the Italian Legislative Decree No. 633/72, VAT will be applied in the relevant invoice to both Italian tax residents and consumers which are non-Italian tax residents.
3.3 By placing your order you state to have fully read and understood the “product description” of the selected Supplier’s Service and Product.
4. Discharge of liability
4.1 Musement will be liable only for the sale of Products that it has provided in its own name and on its own behalf (Route C). In all other cases, Musement has no liability for Suppliers’ Services, which are provided exclusively by the relevant Supplier. To the maximum extent allowed by applicable laws, you accept to discharge Musement from any cost, expense, loss and/or liability in which you may incur for any breach of the Service Conditions by the Supplier other than Musement and/or for any event in any manner related to the service provided by such Supplier.
4.2 By purchasing a Product you accept and agree to the relevant Service Conditions, including any cancellation and no-show policy of the relevant Supplier, and to any additional condition of the Supplier that may apply to your reservation or during your visit.
You must attend the Supplier’s Service at the day and time provided for in your Order Form. No reimbursement is granted for failure of timely attendance. If you wish to cancel your reservation, please note that you may be charged for your cancellation in accordance with the relevant Supplier's cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the Supplier carefully prior to making your reservation.
5. Ordering procedures
5.1 To place an order for the purchase of one or more Products on the Website or App, you must select the relevant Product and fill out the online order form to be considered as a contractual proposal (the Order Form). The Order Form is composed of a “personal detail” page for including personal information and of a second page for providing your payment details (please refer to article 5 herein below). The Order Form also includes the main features of each Product ordered, the relevant unit price (including VAT), and a link to the Service Conditions.
In accordance with article 7 of the Italian Legislative Decree No. 633/72, VAT will be applied in the relevant invoice to both Italian tax residents and consumers which are non-Italian tax residents.
5.2 In order to submit your details to complete the Order Form, you need to register with the Website or to supply your personal details for the single purchase (by filling the registration/order form with personal data or by logging-in with social networks account). The user represents and warrants that all personal data information provided during the registration/order process are up to date, complete, accurate and true. The user authorizes Musement to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Musement during such verification.
5.3 By submitting an Order Form to Musement, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions and the Service Conditions. A brief summary of the main Service Conditions, and a link to the full version of such service conditions are available on the Website and App at any time.
5.4 The Order Form will be filed in our database for the time required to process your order and as provided by law. You may access your Order Form on your personal page of the Website and of the App, section “Profile”.
6.1 Before submitting the Order Form you will be required to provide the information needed to process your payment through the payment method selected among those available (e.g. credit card information).
6.2 All financial details (e.g. credit card number or expiration date) will be sent by encrypted protocol to Adyen BV (a payment service provider), and where applicable to Stripe or Paypal or any other provider of payment services available from time to time at the Website and APP, without third parties having any access thereto whatsoever. Such details will not be used by Musement except for performing the procedure relevant to your purchase or issuing refunds in the case of cancellation, in compliance with the exercise of your withdrawal right or for reporting cases of fraud to the police.
7. Conclusion of sale
An order shall be deemed submitted when Musement receives your Order Form electronically and the information submitted herein has been verified as correct.
The contract shall be deemed as executed when – upon any authorized payment through the Website or App – either Musement (if the Route A and Route C are applicable) or the Supplier (if the Route B is applicable) delivers your electronic voucher or ticket.
If your payment is made directly to the Musement bank account, Musement will issue to you the invoice directly. The relevant invoice issued by Musement will show the indication and details of the sums received on behalf of the Supplier and the service fee directly paid to Musement or, if Route C is applicable, the sums received by Musement on its own behalf.
B. Rule Applicable to Route A
9. Confirmation from Musement
9.1 In connection with certain Products as specified in the relevant “product description” page, Musement acts as an agent or reseller for the relevant Supplier.
9.2 Upon acceptance of the order and any authorized payment through the Website, Musement will immediately send you by e-mail the voucher to redeem the ticket from the Supplier or to directly enjoy the Supplier’s Service.
The Supplier’s Service is subject to the Service Conditions enacted by the Supplier (the main conditions of which are available at any time on the Website, and made available with the confirmation e-mail referred herein above).
C. Rule Applicable to Route B
10. Confirmation from the Supplier
10.1 In connection with certain Products as specified in the relevant “product description” page, Musement supplies a search engine service to look for information on tickets and offers from Suppliers and a software application that allows the user to directly process a reservation and purchase order for Suppliers’ Services, without the need of making another connection to the Supplier’s website.
10.2 Upon any authorized payment through the Website, the Supplier will either deliver your electronic ticket or notify to you via email the place where the hard copy of your ticket is available. If this Route applies, the reservation/purchase is made by the user and directly processed by the Supplier. Musement has no liability for any Supplier’s failure or delay in carrying out the reservation/purchase procedure.
The Supplier’s Service is subject to the Service Conditions enacted by the Supplier (available at any time on the Website and on the Supplier’s website).
D. Rule Applicable to Route C
11. Confirmation from Musement
11.1 In connection with certain Products as specified in the relevant “product description” page, Musement acts as a Supplier under these General Terms and Conditions.
11.2 Upon any authorized payment through the Website, Musement will immediately deliver your electronic ticket (in its own name and on its own behalf) or relevant document to enjoy the requested service.
The services directly provided by Musement are subject to the Service Conditions enacted by Musement (available at any time on the Website and made available with the confirmation e-mail referred herein above).
E. Final provisions
Your personal data is processed by Musement in order to supply the Products. Musement communicates to the Supplier – as identified in the relevant “product information” page and in the purchase order – the personal data strictly necessary to provide the Supplier’s Service (i.e. the user’s name, your email address if this is needed to fulfill the Supplier’s Service, and the booking reservation you have made on musement.com, and all information related thereto). Musement and Suppliers will act autonomously as data controllers in connection with the personal data supplied and for the sole purpose of providing the relevant Services. At any time you may withdraw your consent to receive Musement's newsletter and updates on Products similar to those already purchased. In addition, you may give your express consent to receive marketing and market research communications by the Supplier and allow Musement and the Supplier to carry out market research analysis on your personal data.
The General Terms and Conditions may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions shall be effective as of the date of publication on musement.com. Please visit this section of the Website on regular basis in order to check the publication of the most recent and updated General Terms and Conditions.
In the event that any provision of these General Terms and Conditions shall be held illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction such provision shall be removed and the remainder of these General Terms and Conditions shall be deemed in full force and effect.
Musement may transfer and/or assign any of its rights under these General Terms and Conditions to any third party without restriction.
15 Governing Law and Venue
These General Terms and Conditions are governed by Italian law and in particular by Legislative Decree no. 206/2005 on distance contracts and by Legislative Decree no. 70/2003 on certain aspects related to e-commerce. If you have your habitual residence in a EU country other than Italy, pursuant to Article 6(2) of Regulation No. 593/2008 you also enjoy the protection of the mandatory provisions of the country of your habitual residence.
16 Online Dispute Resolution
Pursuant to Section 14 of the Regulation (EU) no. 524/2013, we hereby inform you that you may solve disputes in connection to the purchase of the Products on the Website through the ODR online platform managed by the EU Commission and accessible at the following address www.webgate.ec.europa.eu/odr