Legal advise desperetly needed

fader

Hi All,

I'm in some serious need of some legal advice..

A company [GetMeIn] a UK company who are like a mini-ebay type company for tickets/gigs from Ticketmaster have taken £150 from my account yesterday and now plan to take another £180 from me.

I bought some tickets from TicketMaster a few months back [Oct/Nov] for my Girlfriend, but unfortunetly we couldn't go so i tried using this site [GetMeIn] to sell them. I posted up everything i needed to and placed the tickets [bought for £37x2] at a price of £100 for the pair.

It was getting near Christmas and i needed the money, so i stuck them on Ebay and sold them for the £100 i requested, after this i went back onto the GetMeIn website to remove the details, but could not remember my log-in details; so i used the "reminder email link" which did not work (and still don't work now)

so i could not access my account, now a few weeks ago i got an Email saying to send the tickets, or if i cannot email them.. which i did explaining the situation. They have now taken £150 from my account, and say i owe them another £180 with this breakdown of price:

£375 for replacement tickets - £375? i can still buy the tickets on ebay for £80 for a pair. They are also deciding to charge me £50 for a fee (like it isnt a fee enough) so the £425 take away the inital £100 the guy paid for these tickets mean i owe £330. It's absolutely criminal when i could not get into my account, got no email whatsoever on the sale so i could find replacements for the mistake and have no contact until now a few weeks previous..

so i get in contact with them and basically say tough! here is the inital reply:

Dear Terry,
I believe you have in touch with our disputes team

If you are not able to supply the tickets we can drop your order source replacements on your behalf. Any difference in the cost of these replacement tickets is then chargeable to you as stated in the terms sec 3.1 and 7.1.

When an order is dropped and replacements sourced, sellers are liable for the any additional replacement costs of comparable seats in additional to the £50 dropping fee.

However we do allow the seller to make one offer to the buyer.

Offers can only be made once tickets are in hand and only one month before the event. You have the option to offer the buyer the tickets you have with the discount you are prepared to offer or secure your own replacements.
Please note the buyer can refuse the offer if not as ordered. Please do not dispatch any tickets that are not as ordered.
Please advise if you wish to secure your own replacements before Monday 15th February

I then asked about how much it would cost for them to find the tickets, of which she just replied "do you have the tickets or not" and i asked again and she replied the same, so i said i didnt have the tickets and now this is where im at - £330

i have closed my card and requested a new one so they cant take the further £180 from me the robbing !!!!ers.

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Please somebody help me :mad::(:(:(:(

fader

Terms and Conditions:

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GET ME IN! Seller Agreement

1.1 Introduction. This document sets out the terms and conditions (the “Agreement”) under which GET ME IN! Ltd (hereinafter referred as "GET ME IN!", “Us” or "We" where applicable) grants ticket sellers ("you", "You", “Your” or "Selling Member") a licence to list and offer tickets for sale on the GET ME IN! Website at GetMeIN (the "Website") to third party buyers ("Buyer" or "Buyers"). By using the Website and listing tickets for sale on the Website you expressly agree to be bound by the following terms and conditions.
We strongly recommend that you read and understand this Agreement, and in any event by continuing to use our Website and sell tickets via our Website you will be bound by the terms and conditions of this Agreement.

1.2 Modification. If we decide to amend, alter or otherwise change the terms of the Agreement, we shall notify you by posting a revised version of the Agreement on the Website and emailing you at your registered email address. Such new agreement will automatically take effect and replace the terms of this Agreement. Your continued use of the Website will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, immediately remove any of your ticket listings from the Website and do not continue to use the Website.

2 BECOMING A SELLING MEMBER
2.1 Requirements. To be entitled to sell tickets or ticket packages via the Website and therefore become a Selling Member of GET ME IN! you must agree to accept the terms and conditions of this Agreement and must have a valid credit or debit card that we approve and accept. It is in GET ME IN's absolute discretion to decide if you qualify (or continue to be qualified) as a Selling Member.

2.2 User Name and Password. On becoming a Selling Member of GET ME IN! you will be provided with a user name and password to access your personal account on the Website and use the services contained therein. You are solely responsible for maintaining the security of your username and password and for all activity that occurs on your personal account under your username and password.

2.3 Reachable. The Selling Member agrees to be reachable by telephone during normal business hours. It is Selling Member's duty to respond to all enquiries from GET ME IN! in relation to ticket or ticket packages the Selling Member has listed for sale on the Website by telephone and/or email in a prompt and timely manner. Selling Member recognises that in order to facilitate an efficient marketplace for live event tickets, certain enquiries and disputes need to be resolved quickly, particularly in the cases of upcoming events. Selling Member therefore agrees to respond to all enquiries specifically related to orders placed for tickets it has listed for sale on the Website from GET ME IN! within 24 hours via email or phone. Failure to do so may result in a default credit/refund at the expense of the Selling Member.

3 LISTING PROCESS
3.1 Listing Tickets as a Selling Member. Approved Selling Members of GET ME IN! may list tickets for sale on the Website. As part of the listing process, the Selling Member must assign a price to the tickets and provide information such as the event, date, section,, and row. Further instructions and requirements on listing items can be found once logged in on the Website. By placing a ticket for sale on the Website you are offering to sell that particular ticket to a Buyer for the price assigned to it by you. If Buyer accepts the offer for sale of that ticket, you are contractually bound to supply that ticket to them.

3.2 Marketplace. Please note that GET ME IN! provides an open market place through which tickets may be purchased or sold by our Buyers and Selling Members. We do not take ownership of any tickets listed by You and We are therefore not party to any contracts that arise when tickets are sold and purchased via the Website. Please also note that there is no guarantee given by GET ME IN! (or otherwise) that your tickets will sell and, in the event that they do not sell, GET ME IN! will not be responsible for their purchase.

3.3 Ticket Description. For each ticket You list for sale on the Website, you agree to provide full and accurate details of the section and row which is printed on the tickets for sale. For Standing or General Admission tickets you agree to describe them as 'General Admission'. You agree to describe the tickets listed for sale on the Website in the most honest and non-misleading manner.
If you do not know the seat location, then you must describe the tickets accordingly (ie: 'Reserved seats,' 'General reserved seats' or 'Unreserved seats').

3.4 Seating Arrangements. All tickets listed in a single listing must be seated together.

3.5 Restricted View or other restrictions. You are required to provide any additional information which is printed on the tickets related to restricted view, family section, no alcohol permitted, concessions, etc.

3.6 Guaranteed Ticket Fulfillment. Once you offer to sell a particular listing of tickets and a Buyer accepts the offer for sale of that ticket, you are contractually bound to supply that ticket to the applicable Buyer. Ticket listings are a legal representation of actual seat location and other details relevant to the tickets. You will be charged either (i) a replacement or fee (see Section 7 below) or (ii) 150% of the value of the transaction (to cover any FanGuard guarantee payments which GET ME IN! is required to make as a result of your failure to deliver tickets), by GET ME IN! if you list tickets for sale and those exact tickets are not available or are not delivered.

3.7 Accurate Pricing. Ticket market prices are volatile and can change on an hourly basis at times. With this in mind, the Selling Member accepts full responsibility for maintaining current prices on the Website of its tickets. No matter what the price or circumstances, the Selling Member agrees to fulfill the order at the price agreed at the time the Buyer accepts the offer for sale. For this reason it is essential that you maintain up-to-date and accurate prices at all times. It is Your responsibility to ensure that the details You provide in relation to tickets that You list for sale on the Website are full and accurate. If You have listed prices of a ticket incorrectly and it is, in our reasonable opinion, that the price you provided was an error then we may try and resolve the issue with the applicable Buyer. However, you must take full responsibility for any errors you make in listing tickets for sale as once a Buyer purchases tickets via the Website a legal contract is made. If you list a ticket price incorrectly and subsequently fail to provide tickets to the Buyer then we shall be entitled to charge you 150% of the value of the transaction made by that Buyer for Your tickets.

3.8 Taxes. You are responsible for including all taxes, including Value Added Tax (VAT) and any other taxes required on your listings, in the prices you list on Our Websites. If in doubt, please seek advice of a tax expert to determine which taxes you are required to collect from Buyers.

3.9 Indemnity. It is the responsibility of the Selling Member to provide full and accurate details of tickets it wishes to list for sale on the Website. Failure to provide full and accurate details (including without limitation seat location details and the price) may lead to GET ME IN! or applicable Buyers suffering loss or damage and You agree to indemnify and hold harmless GET ME IN! and applicable Buyers from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with Your failure to provide full and accurate details of tickets that You list for sale on the Website.

4 SELL PROCESS
4.1 Confirmed Orders. When we receive an order from a Buyer for tickets that you have listed we will inform you via email. A confirmation email will be sent to the Selling Member's indicated email address, and in some cases we may inform the Selling Member by telephone. The confirmation email contains instructions on how to deliver and complete the order. You cannot amend or remove a ticket listing, description, or price once the offer for sale of a ticket has been accepted by a Buyer. It is your responsibility to ensure that you provide Us with Your correct email address for correspondence as you shall still be liable and bound by the contract with the Buyer whether or not You receive a confirmation from Us.

4.2 Pending Orders. In certain cases, we may require additional fraud checks with respect to an order and will inform you that an order is pending but undergoing fraud checks. In such circumstances, We will subsequently inform you that the order has either been approved/confirmed or cancelled. You cannot amend or remove a ticket listing, description, or price once the order has been marked as ‘pending’ until we inform you that the order is otherwise cancelled due to failing fraud checks.

4.3 Cancellations. If an event for which you sell tickets via the Website is cancelled and not re-scheduled then You agree to refund the amount paid by the applicable Buyer for those tickets provided that the Buyer returns the original tickets to You (via Us) in good time for You to obtain a full face value refund from the promoter or organiser of the applicable event.

5 DELIVERY PROCESS
5.1 Delivery. The Selling Member agrees to deliver the exact ticket inventory ordered by a Buyer from the Seller via the Website. The Selling Member accepts ultimate responsibility for secure and timely delivery of the tickets and agrees to ship via the specified delivery method and to insure the delivery. The Selling Member also accepts ultimate responsibility for deliveries that go missing or arrive after the event time or date or too close prior to the event time or date that it is not reasonably practicable for the Buyer to attend. The Selling Member agrees to deliver tickets to Buyers within 48 hours if tickets are on-hand, or within 48 hours of those tickets becoming available, not including weekends and holidays. In any event, the Selling Member guarantees to deliver tickets to the applicable Buyer in good time prior to the event date (which shall mean being delivered at least three working days prior to the event date). If the Selling Member fails to deliver tickets to the applicable Buyer in good time prior to the event date (whether due to its own default, act or omission or the default, act or omission of any third party, including without limitation any third party delivery company) it shall be liable to the Buyer and shall refund the Buyer (via Us) the price paid for the Buyer for such tickets plus and additional fifty per cent (50%).

5.2 Customer Loyalty. The Selling Member agrees to "blind drop ship" all tickets to Buyers and in doing so will not include any invoice, letterhead, business cards or materials other than those specifically instructed by GET ME IN! to provide.

5.3 Organised Records. The Selling Member agrees to maintain organised records and receipts of all delivery slips and tracking numbers from Royal Mail, UPS, FedEx, or the selected delivery service. Where required, all relevant tracking information must be entered into the “My account” section of the Website. Failure to do so may result in the order being cancelled and replacement tickets being purchased at the Selling Member's expense.

5.4 System Update on Delivery. When the Selling Member dispatches tickets to the Buyer, the Selling Member agrees to follow all steps outlined on the Website including entering accurate tracking number information.

5.5 Missed Pickup. The Selling Member agrees to cooperate with GET ME IN! delivery processes. If a pickup is scheduled and confirmed with the Selling Member, and the Selling Member is unavailable at the scheduled time, resulting in a pickup cancellation or re-booking, the Selling Member may be charged Missed Pickup penalty fees.

6 PAYMENT PROCESS
6.1 Payment to Sellers. GET ME IN! will make payment to Selling Members once tickets have been received by Buyers AND the applicable event to which the tickets relate has taken place. This is necessary to provide a safe and trusted marketplace. GET ME IN! endeavours to make payments to Sellers 7 to 10 working days after the event but in some cases may take up to one calendar month after the event to which the applicable tickets relate has taken place.

7 PENALTIES
7.1 Replacement Fees. You will be charged a replacement fee by GET ME IN! if a Buyer accepts your offer for sale and those exact tickets are not available or are not delivered to the Buyer. The replacement fee will depend on how much it costs us to purchase comparable or better replacement tickets for the Buyer and can be significantly higher than your original listing price.

7.2 Refunds. In the event of (i) a non-delivery of a ticket, and where in such circumstances GET ME IN! is unable to purchase or supply replacement tickets on behalf of the Selling Member; or (ii) the tickets delivered to a Buyer are not those which were advertised for sale by the Selling Member on the Website, the Buyer is entitled to a full refund of their entire purchase at GET ME IN! (including GET ME IN! fees and delivery charges) as well as an additional 50% credit towards a future purchase. This refund and credit will be at the expense of the Selling Member. If the Selling Member fails to deliver tickets to a Buyer and GET ME IN! sources replacement tickets which are subsequently deemed (in the reasonable opinion of GET ME IN!) not equal to or better than those which were originally intended to be supplied by the Selling Member, the Buyer may be entitled to a full refund of their entire purchase at GET ME IN! (including GET ME IN! fees and delivery charges) as well as an additional 50% credit towards a future purchase. This refund and credit will again be at the expense of the Selling Member.
We agree that, where the Selling Member fails to deliver or provide tickets to a Buyer, to use all reasonable endeavours to source tickets that are (in GET ME IN!’s reasonable opinion) equal to or better than those which were originally intended to be supplied by the Selling Member. The Selling Member shall however, be liable where a Buyer is not satisfied that substitute tickets (whether supplied by the Selling Member or sourced by GET ME IN! from an alternative supplier) are equal to or better than those which were originally intended to be supplied by the Selling Member.

7.3 Payment. In circumstances described in 3.6, 7.1 and 7.2, the Selling Member agrees that any amount payable by it pursuant to Clause 3.6, 7.1 and 7.2 may be debited by GET ME IN! from the credit or debit card on file, deducted from outstanding payments, or recovered through other means at GET ME IN's discretion, together with a £50 administration fee for the cost of replacing each non supplied order.

7.4 Credit or Debit Card. The Selling Member agrees to provide a valid credit or debit card which will be kept on file by GET ME IN!. This credit or debit card information is held should GET ME IN! need to charge the replacement and/or failed delivery fee pursuant to Clause 7.1 and 7.2. If such credit or debit card becomes invalid we shall have the right at our discretion to suspend or terminate your account with immediate effect.

8 WARRANTIES & INDEMNITIES
8.1 Warranties. The Selling Member warrants to and for the benefit of GET ME IN!, the following:-
(A) All tickets listed by the Selling Member are:-
(i) either "on-hand" or already ordered and 100% guaranteed and available for immediate sale at the prices listed;
(ii) the property of the Selling Member or the Selling Member is authorised to sell such ticket (by law, contract or otherwise) and no third party rights (including any intellectual property rights) are infringed by the Selling Member in listing the ticket for sale via GET ME IN!;
(iii) not stolen, counterfeit or in any way contain fraudulent, inaccurate or misleading information;
(B) In offering tickets for sale via GET ME IN! it is complying with all applicable laws, regulations and codes of practice including, but not limited to, consumer or other legislation which regulates the activities of secondary ticket agents;
(C) All information the Selling Member provides to GET ME IN! in respect of itself (when applying to become a Selling Member or at any time thereafter) is true and accurate in all respects.

8.2 Indemnities. The Selling Member undertakes as a continuing undertaking to indemnify and keep GET ME IN! fully indemnified against any liability, cost, loss, damage or expense incurred or suffered by GET ME IN! arising in respect of or as a consequence of a breach of any of the obligations, warranties or representations it provides in this Agreement.

8.3 Liability. We shall in no circumstances be liable to you for any indirect or consequential losses or any loss (whether direct or indirect) of profits, revenue, business, savings, goodwill or reputation arising out of your use of the Website, including without limitation from your sale of tickets or other goods or services. In respect of each transaction you make via the Website, our liability to you whether in contract, tort or otherwise shall be limited in aggregate to the total amount paid by you in relation to such transaction.

Nothing in this Agreement is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.

9 TERM AND TERMINATION
9.1 Term. Subject to 9.2, this Agreement shall commence on the date [you first list tickets for sale on the Website] OR [ the date We activate your account on the Website] and shall continue in force unless and until either party gives the other at least thirty (30) days notice in writing to terminate this Agreement.

9.2 Termination. Either party may terminate this Agreement immediately by giving written notice to the other if the other (i) commits a material or persistent breach of its obligations under this Agreement and, in the case of a breach which is capable or remedy, fails to be remedied it after being given five (5) days written notice specifying the breach and requiring it to be remedied; or (ii) is unable to pay its debts, becomes subject to an administration order or makes any voluntary arrangement or composition with its creditors, or an encumbrancer takes possession of or a receiver is appointed over the property or assets of the other party or the other party is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction of the company or, in the case of an individual, is declared bankrupt.

9.3 Consequences of termination. Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.

10 ADDITIONAL INFORMATION
10.1 Privacy Policy. GET ME IN! warrants that the Selling Member data will be held by it in the strictest confidence and its use is subject to GET ME IN’s privacy policy available from time to time on the Website. Access to Selling Member's data will be limited to GET ME IN! personnel only. GET ME IN! reserves the right to accumulate aggregate data trends and to make such aggregate data available to Selling Members and strategic partners. We will not disclose your details to any Buyer unless required to do so by any regulatory or governmental or other authority with relevant powers to which either party is subject to or submits.

10.2 Intellectual Property Rights. The content and software on the Website (including without limitation copyrights, trademarks, design rights, patents and other intellectual property rights) is the property of GET ME IN! and/or its suppliers and licensors and is fully protected by UK and international worldwide intellectual property laws. You may not without our permission reproduce, edit, publish or transmit any of the contents of this Website. . All rights in the trade mark and logo “GET ME IN!” are expressly reserved to GET ME IN! and all goodwill derived from use of the “GET ME IN!” trade mark or logo accrues to GET ME IN!

10.3 No agency. The Selling Member and GET ME IN! are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement and neither shall have any authority to bind the other in any way.

11 MISCELLANEOUS.
(A) This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected.
(B) No failure or delay by GET ME IN! in exercising any of its rights under this Agreement should be deemed to be a waiver thereof and no waiver of a breach of a provision of this Agreement shall be deemed to be a waiver of any subsequent breach.
(C) You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of GET ME IN!, which we can refuse in our absolute discretion.
(D) Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.
(E) The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
(F) Any notices required or permitted to be given under this Agreement shall be in writing and sent by registered post addressed (i) if to GET ME IN!, to the registered office set out above and (ii) if to you to the Billing Address set out in your Selling Member profile.
(G) This Agreement shall be governed by and construed in accordance with the law of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English Courts.

isplumm

Fader,

It might be more useful to the OP if you pointed out which section of the T&Cs apply to them ...

OP - it sounds like you can source the tickets yourself ... so accept their offer to source the tickets yourself - then request ALL money back, buy tickets from EBAY & send to original buyer ...

Mark

neilmcl

isplumm wrote: »

Fader,

It might be more useful to the OP if you pointed out which section of the T&Cs apply to them ...

OP - it sounds like you can source the tickets yourself ... so accept their offer to source the tickets yourself - then request ALL money back, buy tickets from EBAY & send to original buyer ...

Mark

Fader is the OP.

TonyMMM

Section 3.6 and 7.1 seem to cover it quite well.....

Dr.Shoe_2

I think it's grossly irresponsible to sell something on 2 different sites. How would you like it if you'd bought some tickets on ebay and then the vendor told you they'd sold them to smeone else?

This has happened to me so often I don't bother anymore and buy them from the organisers or venue.

KeithP

OP, why not buy some replacements on ebay?

Might save you a few pounds.

isplumm

neilmcl wrote: »

Fader is the OP.

:eek::embarasse:whistle: hmmmm .... never noticed that !!!!