1. Company Identification
The website ache-officiel.com and the ACHÉ brand are operated by:
Name: Orlando Alberto Rodriguez Franco
Registered office address: Rue des Bougainvillées 5, 1080 Molenbeek-Saint-Jean, Brussels, Belgium
Belgian company number: 1039570972
Contact email: ache.belgium@gmail.com
ACHÉ organizes experiences, events, activations, and musical or cultural gatherings. These General Terms and Conditions of Sale govern the sale of electronic tickets, reservations, or access related to events organized under the ACHÉ brand.
2. Purpose
These General Terms and Conditions of Sale regulate:
– The sale of electronic tickets for ACHÉ events.
– The issuance and delivery of electronic tickets.
– The conditions for access to the event.
– The cancellation, postponement, modification, and non-refund policy.
– The responsibilities of the buyer, the attendee, and the organizer.
– The correct use of the website ache-officiel.com.
– The protection of the ACHÉ brand, content, images, and visual elements.
These conditions apply to all purchases made through the official website, authorized sales platforms, or any other official channel communicated by ACHÉ.
3. Acceptance of Terms
Before confirming a purchase, the buyer must have clear access to these General Terms and Conditions of Sale and expressly accept them.
Acceptance may be made via a checkbox, a confirmation button, or any equivalent mechanism clearly indicating that the buyer accepts these terms before paying.
By confirming the purchase, the buyer declares to have read, understood, and accepted these terms.
No purchase shall be considered valid if the buyer has not accepted these terms during the checkout process.
4. Pre-purchase Information
Before purchasing a ticket, ACHÉ will clearly communicate, where applicable:
– Name or concept of the event.
– Date of the event.
– Venue of the event.
– Scheduled time.
– Total price of the ticket.
– Access conditions.
– Minimum age, if applicable.
– Specific event restrictions, if any.
– Non-withdrawal and non-refund policy.
– Accepted payment methods.
– Organizer contact details.
This information is provided in accordance with the Belgian Code of Economic Law, particularly the rules regarding consumer information, distance selling, e-commerce, and consumer protection.
5. Prices, Taxes, and Invoicing
Ticket prices are indicated in euros.
Unless otherwise stated, the price displayed at the time of purchase corresponds to the total price of the ticket.
ACHÉ applies the Belgian tax regime for small business tax exemption, provided that the corresponding legal conditions are maintained.
For this reason, ACHÉ does not apply VAT to the buyer while remaining under said regime.
The applicable mention is:
Small business subject to the tax exemption regime. VAT not applicable.
ACHÉ reserves the right to modify its prices for future events. The applicable price will always be the one indicated at the time of purchase.
6. Order and Payment Obligation
Payment is due immediately at the time of purchase.
By confirming the order, the buyer acknowledges that the purchase implies an obligation to pay.
The order confirmation button must clearly indicate that the order involves payment.
If the payment is not completed correctly, the ticket will not be issued or may be cancelled.
ACHÉ reserves the right to cancel or block a ticket in case of fraud, rejected payment, abusive use of the system, unjustified bank dispute, or manifestly false information.
7. Delivery of Electronic Tickets
Tickets are delivered in electronic format.
The ticket is sent to the email address provided by the buyer during the checkout process.
The buyer is responsible for verifying that the email address entered is correct.
ACHÉ shall not be held responsible for the non-receipt of the ticket when it is due to:
– Error in the email provided by the buyer.
– Email received in the spam folder.
– Blocking by the email provider.
– Technical issues beyond ACHÉ’s control.
– Lack of connection or access by the buyer to their email.
In case of non-receipt of the ticket, the buyer must contact ACHÉ before the event and provide proof of purchase.
8. Validity of the Electronic Ticket
Each electronic ticket constitutes a right of access to the corresponding event.
The ticket may include a QR code, barcode, reference number, or any other verification system.
Each ticket is valid for a single entry, unless otherwise stated.
In case of duplication, copying, forwarding, or multiple use of the same ticket, only the first ticket scanned or verified at the entrance will be considered valid.
ACHÉ may deny access to any person presenting a ticket that has already been used, duplicated, altered, forged, or acquired through an unauthorized channel.
In these cases, there will be no right to a refund.
9. Absence of Right of Withdrawal
According to Article VI.53, 12° of the Belgian Code of Economic Law, the 14-day right of withdrawal does not apply to services related to leisure activities when the contract provides for a specific date or period of execution.
ACHÉ events have a specific date, time, and location.
Therefore, unless mandatory legal provisions state otherwise, the purchase of a ticket for an ACHÉ event does not grant a right of withdrawal.
Consequently, once the ticket is purchased, it will not be refunded, exchanged, or cancelled at the buyer’s request, except in cases expressly provided for in these terms or when required by law.
10. No-Refund Policy
Except for the definitive cancellation of the event by ACHÉ or mandatory legal provision, tickets are not:
– Refundable.
– Exchangeable.
– Cancellable.
– Convertible into credit for another event.
– Transferable to another date without express authorization from ACHÉ.
There will be no refund in the following cases:
– The buyer does not attend the event.
– The buyer arrives late.
– The buyer makes a mistake during purchase.
– The buyer no longer wishes to attend.
– The buyer does not correctly verify the date, time, or location of the event.
– The buyer does not receive the ticket due to entering their email incorrectly.
– The buyer presents a duplicated or already used ticket.
– Access is denied due to non-compliance with safety rules, conduct, minimum age, or venue conditions.
– The buyer acquires a ticket through an unauthorized channel.
11. Cancellation of the Event by ACHÉ
If ACHÉ definitively cancels an event, the buyer will be entitled to a refund of the amount paid for the ticket to ACHÉ.
The refund will not include personal or external expenses of the buyer, such as:
– Transport.
– Parking.
– Hotel.
– Clothing.
– Prior consumption.
– External bank fees.
– Any other indirect expenses not directly charged by ACHÉ.
ACHÉ will communicate the refund procedures via email or through its official channels.
12. Postponement or Change of Date
If an event is postponed, the ticket will remain valid for the new announced date.
ACHÉ will communicate the new date via the email address provided by the buyer or through its official channels.
If the buyer cannot attend the new date, they may request a solution within the period indicated by ACHÉ in the official postponement communication.
Depending on the case, ACHÉ may offer:
– Keeping the ticket for the new date.
– Exchange for another equivalent date.
– Credit for a future ACHÉ event.
– Refund, if required by law or if ACHÉ expressly decides so.
Any request sent outside the period communicated by ACHÉ may be rejected.
13. Modifications to the Program, Artists, or Schedules
ACHÉ may make reasonable adjustments to the event program for artistic, technical, logistical, weather, safety, or force majeure reasons.
These changes may include:
– Change of artist, musician, or DJ.
– Partial modification of the schedule.
– Adjustments to the programming.
– Changes in the layout of the space.
– Adaptations due to requirements of the venue or authorities.
A partial change of the program, artists, schedules, or internal organization will not automatically grant a right to a refund if the event maintains its primary nature.
If the modification substantially changes the essence of the event, ACHÉ will communicate the available options to the buyer.
14. Access to the Event
Access to the event is subject to:
– Presentation of a valid ticket.
– Correct verification of the ticket.
– Respect for the venue’s rules.
– Respect for the instructions of the security personnel.
– Compliance with age conditions, if applicable.
– Appropriate and respectful conduct.
ACHÉ, the establishment, or the security personnel may deny entry or expel from the event any person who:
– Shows obvious signs of intoxication.
– Acts in a violent, aggressive, or threatening manner.
– Harasses other attendees.
– Introduces prohibited objects.
– Fails to comply with safety rules.
– Attempts to access with a fake, copied, illegally resold, or already used ticket.
– Cannot prove their age when required.
– Puts the safety of the event, staff, or other attendees at risk.
In these cases, there will be no right to a refund.
15. Minimum Age and Alcohol Consumption
When an event is age-restricted, ACHÉ may request a valid identity document.
Failure to prove the required minimum age may result in denial of access without the right to a refund.
The consumption and sale of alcohol will be carried out in accordance with applicable Belgian legislation and the establishment’s rules.
Venue or ACHÉ staff may refuse the sale of alcohol to any person when legally necessary or for safety reasons.
16. Resale of Tickets
The resale of tickets must comply with applicable Belgian legislation, including the Belgian Law of July 30, 2013, regarding the resale of access titles to events.
The resale of tickets above the official price set by the organizer is prohibited.
ACHÉ reserves the right to invalidate or reject tickets:
– Resold above the official price.
– Resold professionally or habitually without authorization.
– Obtained through fraud.
– Purchased through unauthorized channels.
– Linked to promotions, invitations, or free access not intended for sale.
Promotional tickets, invitations, guest lists, or free access may not be resold under any circumstances.
17. Conduct During the Event
The attendee agrees to maintain respectful conduct toward:
– The public.
– The staff.
– The artists.
– The establishment.
– The technical equipment.
– The image of ACHÉ.
The following are prohibited:
– Any form of violence.
– Verbal, physical, or sexual harassment.
– Discrimination.
– Damage to the venue or equipment.
– Introduction of dangerous objects.
– Unauthorized sale of products or services within the event.
– Unauthorized commercial use of the image, music, brand, or content of the event.
Failure to comply with these rules may result in immediate expulsion without refund and, if applicable, a claim for damages.
18. Security and Personal Belongings
Each attendee is responsible for their personal belongings.
ACHÉ shall not be held responsible for the loss, theft, or damage of personal items, except in cases of legally attributable liability to ACHÉ.
The attendee must look after their belongings and follow the instructions of the venue staff.
When a cloakroom is available, its specific conditions may be managed by the establishment or the responsible provider.
19. Photographs, Videos, and Promotional Content
During ACHÉ events, photographs, videos, and ambient recordings may be taken for communication, archiving, promotion, and brand dissemination purposes.
These images may be used on:
– ACHÉ’s social media.
– Official website.
– Promotional material.
– Visual summaries of the event.
– Communication of future events.
ACHÉ will strive to use respectful images consistent with the brand’s identity.
If a person does not wish to appear in an identifiable manner in promotional images, they may communicate this to ACHÉ before or during the event, when reasonably possible.
Images of general shots of the public or the event atmosphere may be used for legitimate communication purposes, respecting applicable regulations on privacy and image rights.
Individualized commercial use of a person’s image may require a specific legal basis or additional authorization where applicable.
20. Use of Content by Attendees
Attendees may take photos or videos for personal use, provided that:
– They do not disturb other attendees.
– They do not interfere with the progress of the event.
– They do not violate the image rights of third parties.
– They do not use the content for commercial purposes without authorization.
– They do not damage the reputation of ACHÉ, the venue, the artists, or other attendees.
Professional recording, commercial broadcasting, or advertising exploitation of the event is prohibited without prior written authorization from ACHÉ.
21. ACHÉ Intellectual Property
The ACHÉ brand, its visual identity, logo, texts, designs, photographs, videos, concepts, graphic elements, website structure, promotional content, and communication materials are protected by intellectual property rights.
The following are prohibited, unless prior written authorization from ACHÉ is obtained:
– Copying the logo.
– Reproducing the visual identity.
– Using the ACHÉ name for commercial purposes.
– Downloading and reusing website content.
– Modifying official images.
– Creating events, pages, or promotions that could be confused with ACHÉ.
– Using ACHÉ designs, texts, or images to promote external events.
– Using the ACHÉ brand in advertisements, posters, campaigns, or social media without authorization.
ACHÉ reserves the right to take action against any unauthorized use of its brand, image, or content.
22. Prohibited Use of the Website
The user agrees not to use ache-officiel.com to:
– Make fraudulent purchases.
– Enter false data.
– Copy, extract, or reuse content without authorization.
– Attempt to access private areas of the site.
– Alter the technical operation of the site.
– Use robots, automatic data extraction, or unauthorized automations.
– Carry out cyberattacks.
– Impersonate another person.
– Purchase tickets for illegal resale.
ACHÉ may block, cancel, or investigate any suspicious, fraudulent activity or activity contrary to these terms.
23. Responsibility of ACHÉ
ACHÉ undertakes to provide the service sold professionally and in accordance with the information communicated to the buyer.
However, ACHÉ shall not be held responsible for indirect or external damages not directly related to the ticket price, such as transport costs, accommodation, loss of opportunity, commercial loss, or personal costs.
The maximum liability of ACHÉ, where legally applicable, shall be limited to the amount actually paid for the corresponding ticket.
This limitation shall not apply in cases where the law does not allow limiting liability, particularly in cases of willful misconduct, gross negligence, bodily injury, or mandatory legal liability.
24. Force Majeure
ACHÉ shall not be held responsible for the failure or delay in the performance of its obligations when such failure is due to a case of force majeure or circumstances beyond its reasonable control.
Cases of force majeure include, among others:
– Decisions of public authorities.
– Administrative restrictions.
– Health emergencies.
– Natural disasters.
– Fires.
– Floods.
– Serious security issues.
– Strikes.
– Major power failures.
– Technical impossibility of the venue.
– Mandatory closure of the establishment.
– Situations that make it unsafe or impossible to hold the event.
– Illness, accident, or serious impossibility of an essential artist, when they cannot be reasonably replaced.
In case of force majeure, ACHÉ may modify, postpone, or cancel the event, in accordance with the cancellation or postponement conditions provided above.
25. Complaints
Any complaint related to a purchase must be sent by email to:
Info@ache-officiel.com
The complaint must include:
– First and last name of the buyer.
– Email used for the purchase.
– Order number or ticket reference.
– Affected event.
– Clear description of the problem.
– Proof of purchase, if applicable.
ACHÉ will attempt to respond within a reasonable period.
Before initiating any external procedure, the buyer agrees to attempt to resolve the problem directly with ACHÉ in good faith.
26. Consumer Mediation
If the buyer is a consumer and an amicable solution is not reached, they may contact the Consumer Mediation Service in Belgium.
This service allows for attempts to resolve certain conflicts between consumers and companies without going directly to court.
27. Protection of Personal Data
Personal data collected during the purchase are processed in accordance with ACHÉ’s Privacy Policy and the General Data Protection Regulation of the European Union.
This data may be used to:
– Manage the purchase.
– Issue the ticket.
– Send important information about the event.
– Verify access.
– Comply with legal, tax, and accounting obligations.
– Manage complaints or incidents.
The buyer should consult the Privacy Policy available on the ACHÉ website.
28. Electronic Communications
The buyer agrees to receive electronic communications related to their purchase or the acquired event.
These communications may include:
– Purchase confirmation.
– Delivery of the ticket.
– Practical event information.
– Schedule changes.
– Change of location.
– Postponement.
– Cancellation.
– Safety instructions.
– Essential instructions for access.
These communications are not considered advertising, as they are necessary for the correct execution of the acquired service.
Commercial communications about future ACHÉ events will only be sent when there is a valid legal basis or user consent, in accordance with applicable regulations.
29. Validity of Clauses
If any clause of these terms is considered invalid, illegal, or unenforceable, it shall not affect the validity of the rest of the terms.
The affected clause will be replaced, as far as possible, by a valid clause that comes close to the original economic and legal objective, respecting applicable legislation.
30. Applicable Law and Competent Courts
These General Terms and Conditions of Sale are governed by Belgian law.
In the case of a consumer buyer, mandatory consumer protection rules and applicable judicial jurisdiction rules will apply.
In the case of a professional buyer or business-to-business relationship, and unless mandatory legal provision states otherwise, the courts of the judicial district of Brussels shall have jurisdiction.
31. Language of the Terms
These terms are drafted in Spanish.
If ACHÉ publishes versions in other languages, in case of contradiction, the version indicated as primary on the website shall prevail, without prejudice to mandatory consumer rights.
32. Contact
For any questions related to these General Terms and Conditions of Sale, the buyer may contact ACHÉ at:
Info@ache-officiel.com