General Terms of Purchase
Version 1.2 – effective from 30 September 2026
Preamble
These General Terms of Purchase (the “Terms”) govern the purchase of tickets for events made through the Shops made available via the ToVibe platform.
Details of the Merchant/Seller: the identification and contact details of the Merchant or Seller are indicated in the Event page published in the Shop and may be consulted by the Purchaser before purchase (the “Merchant” or the “Seller”).
Platform Operator: Livesfirm S.r.l., with registered office in Corso Vittorio Emanuele 112, 90016 Collesano (PA), Sicilia, Tax Code (C.F.) and VAT No. 07118620827, certified email (PEC) livesfirmsrl@pec.it, email support@livesfirm.com (“Livesfirm”).
Livesfirm operates the ToVibe technology platform, through which the Merchant publishes and markets the Tickets for its own Events.
The Merchant is the organiser of the Event and the seller of the Tickets.
Livesfirm does not organise the Events and does not sell the Tickets in its own name. Livesfirm makes available to the Merchant the technological infrastructure necessary for publishing the Event, selling and issuing the Tickets, managing the checkout and the further related functionalities.
Before proceeding with the purchase, the Purchaser is invited to read these Terms and the information relating to the specific Event set out in the Shop carefully.
Art. 1 Definitions and scope
1.1 For the purposes of these Terms, the following definitions apply:
- Platform or ToVibe: the technological infrastructure operated by Livesfirm and accessible through the domain tovibe.co and its related domains and subdomains, including the Shops, the checkouts and the ancillary functionalities;
- Merchant or Seller: the professional party identified in the Shop which organises or in any case markets the Event and sells the related Tickets to Purchasers;
- Event: the show, concert, festival, event or other activity published and marketed by the Merchant through the Shop;
- Ticket: the ticket, whether named or unnamed, which entitles its holder to admission to the Event in accordance with the conditions indicated by the Merchant;
- Shop: the Merchant’s storefront and checkout, customised with the Merchant’s identifying elements and made available through the Platform;
- Purchaser: the party who purchases one or more Tickets through the Shop;
- Participant: the person for whom the Ticket is intended and who attends the Event, who may or may not be the same person as the Purchaser;
- Consumer: the natural person acting for purposes which are outside any business, commercial, craft or professional activity that he or she may carry on;
- Trader: the natural or legal person acting in the course of his, her or its business, commercial, craft or professional activity.
1.2 Where the Purchaser is a natural person acting for purposes which are outside any business, commercial, professional or craft activity that he or she may carry on, the Purchaser has the status of Consumer. Where, on the other hand, the purchase is made in the course of a business, commercial, craft or professional activity, the Purchaser has the status of Trader. The provisions of these Terms specifically intended to protect Consumers apply exclusively to Purchasers having such status.
1.3 Any time periods indicated in these Terms are to be understood as business days, thus excluding Saturdays, Sundays and national public holidays, unless otherwise specified. The images, photographs, posters, graphic representations and, more generally, the content relating to the Events published in the Shop are for illustrative and information purposes. The essential characteristics of the Event, including the date, time, venue, Ticket type and admission conditions, are those specifically indicated in the relevant Event page.
1.4 These Terms may be amended at any time. Any amendments and/or new terms shall take effect from the time of their publication on the Platform and shall apply exclusively to purchases made after their entry into force.
1.5 The Terms applicable to each individual purchase are those in force on the date on which the purchase order is submitted.
1.6 These Terms govern exclusively the purchase of Tickets made through the Shops made available via the Platform. They do not govern any services, products or performances offered by third parties and accessible through links, banners or other hyperlinks present in the Shop or on the Platform. Livesfirm and the Merchant exercise no control over third-party websites and services that may be accessed through such links, unless expressly indicated otherwise. Livesfirm is therefore not responsible for the content, terms or operation of such third-party websites or services.
1.7 The Purchaser shall carefully read these Terms, as well as all further information made available by the Merchant in the Event page and during the purchase procedure, before submitting the order.
1.8 The content of the Platform and of the Shop belongs to Livesfirm, the Merchant or their respective right holders. Unless specifically authorised by the relevant right holder, it is prohibited to reproduce, distribute, publish, transmit, modify or use such content, in whole or in part, for purposes other than normal browsing of the Platform and the purchase of Tickets.
1.9 Livesfirm makes available to the Merchant the technological infrastructure through which the Events are published and the Tickets are purchased. Livesfirm does not organise the Events, does not determine their characteristics, programme, date, venue, prices or admission arrangements and is not a party to the purchase contract entered into between the Merchant and the Purchaser. This is without prejudice to any liability directly attributable to Livesfirm for the operation of the technological services it provides and to the mandatory rights granted to the Purchaser by applicable law.
1.10 These Terms, together with the information relating to the specific Event made available in the Shop before purchase, govern the contractual relationship between the Merchant and the Purchaser concerning the purchase of the Tickets. The rights and obligations laid down by the legislation applicable from time to time are in any case preserved.
Art. 2 Purchases through the Shop
2.1 To make purchases through the Shop, the Purchaser must follow the procedure set out therein, selecting the desired Event and Ticket and entering the data requested at each stage. Before submitting the order, the Purchaser may check the information entered and correct any errors using the functionalities made available in the checkout.
The contract for the purchase of the Ticket is concluded between the Purchaser and the Merchant indicated in the Shop when the order has been correctly transmitted and the related payment has been authorised, unless otherwise specified in the purchase procedure.
2.2 The Purchaser undertakes to promptly inform the Merchant and/or the customer support service indicated in the Shop if he or she suspects or becomes aware of any misuse of his or her data, of the Ticket or of the information relating to the purchase.
2.3 The Purchaser warrants that the information provided during the purchase procedure is complete, correct and truthful. In the case of named Tickets, the Purchaser is also responsible for the accuracy of the Participant’s data entered for the purpose of issuing the ticket.
2.4 The Merchant and Livesfirm reserve the right to refuse or cancel, within the limits permitted by applicable law, orders that appear irregular, incomplete or fraudulent, as well as orders from parties who have used the Platform in breach of these Terms or of applicable law.
2.5 Before submitting the order, the Purchaser is given the opportunity to view these Terms. Submission of the order entails acceptance of the Terms applicable to the purchase.
2.6 Following the purchase, the Purchaser receives, at the email address provided during the procedure, an order confirmation containing the main information relating to the purchase, including:
- the identification details of the Merchant;
- the Event and the essential characteristics of the Ticket purchased;
- the number of Tickets purchased;
- the total price paid and any additional costs;
- the information necessary to gain admission to the Event.
2.7 The Ticket is made available and/or sent to the Purchaser in the manner indicated in the Shop. The Ticket may be issued in electronic format and contain a QR code, identification code or other element necessary for its validation.
2.8 The Purchaser is responsible for safeguarding the Ticket and the related access codes and undertakes not to reproduce, duplicate or make them available to third parties in an unauthorised manner. Unless otherwise provided by the Merchant or by applicable law, each Ticket allows a single admission to the Event.
2.9 Where the Ticket is a named ticket, the Merchant may require the person entering the Event to show a valid identity document and that the details on the Ticket correspond to those of the Participant. Any possibility of changing the name on the Ticket is subject to the conditions indicated for the specific Event and to applicable law.
Art. 3 Prices
3.1 Before the order is submitted, the Shop indicates the price of the Ticket and the total amount payable by the Purchaser, inclusive of applicable taxes and of any additional costs, fees or surcharges borne by the Purchaser.
3.2 The price of the Tickets is determined by the Merchant. The Merchant may at any time change the price of Tickets not yet purchased, it being understood that the price applied to the Purchaser is the price indicated in the Shop at the time the order is placed and that no account shall be taken of any changes after the order has been transmitted.
3.3 The purchase contract is subject to the condition subsequent (condizione risolutiva) of non-payment of the total amount due. If the payment is not authorised or not completed, the order will not be completed and the Ticket will not be validly issued, unless otherwise indicated on the Platform.
Art. 4 Payment methods
4.1 Payments made through the Shop are processed through Stripe by means of the payment cards accepted in the checkout. Payment is deemed to be made by the cardholder or by a person lawfully authorised to use the card. The charge will be made only after (i) the details of the payment card used by the Purchaser have been verified and (ii) the card issuer has authorised the charge. Pursuant to Directive (EU) 2015/2366 on payment services in the internal market (PSD2), the Purchaser is informed that he or she may be required to complete the purchase procedure by satisfying the authentication criteria required by the payment institution responsible for handling the online payment transaction. The authentication criteria are based on elements that only the Purchaser knows, possesses or which are inherent to the Purchaser, such as a code transmitted by the payment institution, a device or biometric data (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase in the Shop. The confidential payment card data (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to Stripe without passing through the servers of the Seller or of Livesfirm. The Seller and Livesfirm therefore never have access to and do not store the data of the payment card used by the Purchaser, even where the Purchaser chooses to store such data for subsequent purchases, where this function is available.
4.2 The payment methods available are those indicated from time to time in the checkout at the time of purchase. The Purchaser may use exclusively the payment methods actually displayed and available in the checkout at the time of the order.
4.3 The amounts paid by Purchasers are processed through Stripe and are credited to the balance of Livesfirm’s Stripe account, where they are held on behalf of the Merchant in accordance with the operation of the Platform. Such activity is purely instrumental to the management of the transaction and does not confer on Livesfirm the capacity of seller of the Tickets or organiser of the Event.
Art. 5 Right of withdrawal
5.1 The right of withdrawal allows the Consumer to withdraw from a distance contract within 14 calendar days, without giving any reason. This right does not apply to Purchasers acting as Traders, unless otherwise agreed with the Merchant.
However, the law provides for specific exceptions to the right of withdrawal, which include services related to leisure activities where the contract provides for a specific date or period of performance.
5.2 Unless more favourable rules are expressly provided by the Merchant for the specific Event, the purchase of a Ticket for a show, concert, festival, event or other Event relating to leisure activities and having a specific date or period of performance is excluded from the right of withdrawal in the cases provided for by applicable law.
For Purchasers resident in the European Union, this exclusion is based on the national legislation transposing Article 16(l) of Directive 2011/83/EU on consumer rights.
Therefore, where the conditions laid down by applicable law are met, once the purchase has been completed the Consumer may not withdraw from the contract and obtain a refund of the Ticket merely because he or she has changed his or her mind, is unable to attend the Event or has not used the Ticket.
The Purchaser’s rights in the event of cancellation, postponement or modification of the Event, and in the other cases in which a refund is due under applicable law or under the conditions specifically established by the Merchant, remain unaffected.
Art. 6 Conformity of performance and protection of the Purchaser
6.1 The Merchant, as organiser of the Event and seller of the Tickets, is liable to the Purchaser for the proper performance of the service covered by the contract and for its conformity with the characteristics and conditions communicated before purchase.
6.2 The legal guarantee of conformity applies exclusively to Purchasers having the status of Consumer.
Where the service is not performed or does not conform to what was contractually agreed, the Consumer may exercise against the Merchant the remedies granted by applicable law, including, where the relevant conditions are met, a full or partial refund of the price, a price reduction or termination of the contract, without prejudice to the right to compensation for any damage in the cases provided for by law.
Where the Purchaser has made the purchase as a Trader, the provisions specifically laid down by law for the protection of Consumers shall not apply.
6.3 In the event of cancellation of the Event, the Merchant remains liable to the Purchaser for the fulfilment of the obligations laid down by applicable law and for the refund of the Ticket, where due.
In the event of postponement, change of venue, or change of the time, programme or other characteristics of the Event, any right of the Purchaser to a refund or to the other remedies provided by law shall be determined in the light of the nature and significance of the change and of applicable law, without prejudice in any case to the mandatory rights granted to the Consumer.
6.4 The obligation to grant the Purchaser a full or partial refund, where provided for by applicable law or by the conditions established for the specific Event, lies with the Merchant, as seller of the Tickets. Any decision to grant refunds beyond those due by law also rests with the Merchant.
Where the sums relating to the Event are still available to Livesfirm and have not been paid out to the Merchant, Livesfirm may, at the Merchant’s request, process the refund through the Platform.
Once the payout of the sums to the Merchant has been made, any refund shall be handled directly by the Merchant.
The operational arrangements described above do not affect the identity of the party bound towards the Purchaser to fulfil the obligations arising from the purchase contract.
6.5 Livesfirm is neither the organiser of the Event nor the seller of the Tickets and shall not be liable for the conformity of the Event with the characteristics indicated by the Merchant, nor for its cancellation, postponement, modification, failure to take place or improper holding.
This is without prejudice to any liability directly attributable to Livesfirm in relation to the operation of the Platform and of the technological services it provides, as well as to the mandatory rights granted to the Purchaser by applicable law.
Art. 7 Out-of-court settlement of disputes
7.1 Where the Purchaser has the status of Consumer and has submitted a complaint directly to the Merchant without it having been possible to resolve the dispute that has arisen, the Merchant shall provide the Purchaser with information on the Alternative Dispute Resolution (“ADR”) body or bodies competent for the out-of-court resolution of disputes arising from contracts concluded under these General Terms of Purchase, also specifying whether or not it intends to use such bodies to resolve the dispute.
7.2 The right of the Purchaser having the status of Consumer to bring proceedings before the competent judicial authority in respect of any dispute arising from these General Terms of Purchase remains in any case unaffected, irrespective of the outcome of any out-of-court settlement procedure undertaken.
7.3 A Purchaser residing in a Member State of the European Union other than Italy may also, where the relevant conditions are met, make use of the European Small Claims Procedure established by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 for disputes relating to the application, performance or interpretation of these General Terms of Purchase, provided that the value of the claim does not exceed EUR 5,000.00, excluding interest, fees and expenses. The text of the Regulation is available on the European Union’s EUR-Lex portal.
Art. 8 Customer service
8.1 To request information relating to the Event, the conditions of participation, the cancellation or postponement of the Event, refunds or, more generally, the purchase contract, the Purchaser may contact the Merchant using the contact details indicated in the Event page and/or in the Shop.
For issues of a purely technical nature relating to the operation of the Platform, the purchase procedure or the receipt of the Ticket, any ToVibe support channels indicated in the Shop may be used.
8.2 Where Livesfirm receives requests or complaints concerning the organisation of the Event, the performance of the purchase contract or other matters falling within the Merchant’s competence, it may forward them to the Merchant so that the Merchant can handle them.
Art. 9 Material published in the Shop
9.1 Any material published on the Platform and in the Shop is protected by applicable intellectual property law. Without the authorisation of the relevant right holder, it is prohibited to copy, publish, modify, distribute or use such material for purposes other than the normal use of the Platform.
9.2 The information, images, texts, posters and other content relating to the specific Event are published by the Merchant, which is responsible for their accuracy, lawfulness and updating.
Art. 10 Governing law. Jurisdiction
10.1 The contract for the purchase of the Ticket concluded through the Shop is entered into exclusively between the Merchant and the Purchaser and is governed by the law applicable to that relationship, as may be indicated in the information relating to the Merchant and to the specific Event, without prejudice to the mandatory rights granted to the Consumer.
Where the Purchaser has the status of Consumer and is habitually resident in a State other than the State whose law may have been chosen by the Merchant, such choice may not deprive the Consumer of the protection afforded by the provisions that cannot be derogated from by agreement under the law which would have been applicable in the absence of such choice.
10.2 The relationships directly between the Purchaser and Livesfirm concerning the use and operation of the Platform and of the technological services it provides are governed by Italian law, without prejudice, where the Purchaser has the status of Consumer, to the application of the mandatory provisions for his or her protection under the applicable law.
10.3 Where the Purchaser has the status of Consumer, for any dispute relating to the application, performance or interpretation of these Terms, whether against the Merchant or, to the extent of its respective competence, against Livesfirm, jurisdiction lies with the court determined by the mandatory provisions applicable for the protection of the Consumer.
Where the Purchaser has the status of Trader:
- for disputes relating to the contract for the purchase of the Ticket and in any case attributable to the Merchant, jurisdiction lies with the court of the place where the Merchant has its registered office, unless otherwise provided in the Shop or by a different applicable mandatory provision;
- for disputes directly attributable to Livesfirm and to the technological services it provides through the Platform, the Court of Palermo, Sicily, shall have exclusive and mandatory jurisdiction.