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eSeats.com Terms and Conditions of Sale

The following terms and conditions govern your purchase of tickets through eSeats.com. If you visit our site and make a purchase, or order tickets via telephone with an authorized eSeats.com Tickets representative, you are agreeing to the following terms and conditions. Please read through the Terms and Conditions carefully before making a purchase. Purchasing tickets from a ticket broker can be much different than buying from ticketmaster, the venue, or the box office.

1. All Sales Are Final - No Exceptions
No refunds (unless an event has been cancelled), order cancellations or ticket exchanges once a ticket request is submitted to us either online or by telephone. This takes effect immediately after your request has been placed. This policy is in place because once we receive your request to purchase tickets, we secure and acquire the tickets for you and are not able to recover our costs from the selling broker. Please order tickets only after you are absolutely certain you want them. A return invoice confirmation sent via email from eSeats.com Tickets which states that your credit card has been charged for your order serves as our acceptance of your request to purchase tickets.

2. Ticket Prices, Availability & Seating Location

Ticket Prices: Due to the costs associated with obtaining premium tickets in the secondary market, the price you pay for tickets through eSeats.com Tickets is typically much higher than the FACE VALUE printed on the tickets. Much like the stock market, ticket prices in the secondary market are dictated by the laws of supply and demand and not the Face Price printed on the tickets. eSeats.com Tickets is not affiliated with ticketmaster, the box office or any venue. All sales are in US Dollars. eSeats.com buys and sells tickets in the secondary market. If the ticket price has changed after your ticket request has been made, we will contact you to let you know. We will never charge you more than you have authorized.

Ticket Availability: Ticket sales are not made in real time. Ticket prices and availability are guaranteed at the time the order is CONFIRMED by us via email to you with a copy of your invoice attached. Since tickets are bought and sold on an open market, prices and availability are subject to change at any time. If the tickets you have requested are not available, we will attempt to replace them with equivalent or better tickets if they are available at the same price of the original tickets you requested. If equivalent or better tickets are not available or they are more expensive, we will contact you to discuss the additional charges before completing your order.

Seating Location: Check your tickets carefully upon receipt. If there is an error with the ticket location, date, or time we must be contacted and the tickets returned to our office within 48 hours of receipt so we can provide you with the correct tickets. Since we represent thousands of ticket sellers we cannot be responsible for typographical errors within the inventory listed for sale. When an error is found while processing your order you will be notified of the error and provided with other seating choices (if available). Odd lot ticket purchases (ie. 5 tickets, 7 tickets etc) are not guaranteed to be seated together. Only pairs are guaranteed to be seated together side by side. While every effort will be made to keep groups together, orders of more than two tickets are not guaranteed to be seated together. Actual seat numbers are never guaranteed as they are often protected for privacy reasons by the owner of the seats. The seat numbers which are provided on your invoice are most likely just random numbers.

3. Order Processing
You will receive an e-mail immediately after you place your ticket request confirming that we have received your request for tickets. This does not confirm availability or prices. It only indicates that we have received your request for those tickets. Internet sales are not in real time; therefore, all tickets are subject to availability. We will contact you if the tickets you requested are no longer available or if we are unable to fill the order as you requested. If the tickets you have requested are not available we will try our best to replace your request with equal or better tickets if they are available at the same price. Online orders placed after 2:00 PM Arizona time during the work week or on weekends may not be processed or shipped until the next business day. Weekend Ticket Requests - Except for major events, ticket requests submitted to us after 1:00 pm Arizona time on Saturdays will not be processed until Monday morning.

4. Ticket Delivery & Pick Up
All delivery options are based on the date the tickets ship, not the date you placed the order. The delivery method you choose will determine how your order is shipped when your tickets are available and ready to ship. It is common for event tickets to not be distributed to our suppliers until until one to two weeks prior to the event date. Tickets will not be shipped via FedEx on Saturdays, Sundays or during major holidays. On retail or will call pick ups it is the responsibility of the customer to arrange for picking up their tickets from the retail or will call location provided. If the customer fails to pick up their tickets, we are not responsible for any financial loss incurred from the purchase of the tickets, and no refund will be issued.

Free FedEx Option (USA ONLY) - If the event you have purchased tickets for takes place within 7 days and your order qualifies for the Free FedEx option, you will automatically be charged an additional $20 on your order for next day afternoon delivery. The Free FedEx option is only for events which takes place at least 7 business days from the date your ticket request is placed.

Will Call tickets - will be available to pick up within a half hour prior to the start of the event at the venue's Will Call window or specified pick up location.

FedEx Deliveries - All FedEx deliveries will require a signature. It is your responsibility to provide a valid and secure address and have an adult available to accept and sign for delivery. Shipping and delivery times are subject to change and vary by destination. If for any reason FedEx fails to deliver your tickets in time for your event you agree not to hold eSeats.com Tickets responsible for any costs associated with your tickets, shipping charges or additional financial costs related to the missing of your event. A Lost Claim will be filed by eSeats.com Tickets with FedEx on your behalf.

Returned tickets may be listed for sale on consignment with our consignment department, time permitting. Our consignment department will act as your agent to attempt to recover some or all of your costs. You have the right to set the asking price for your tickets; however, if no communication can be made, our consignment department will price the tickets appropriately in an attempt to recover as much of your money as possible. This may be substantially less than what you paid in some cases. If the tickets are not sold by the event date, our consignment department will return your tickets to you shortly after the event. It is always in your best interest to remain in close contact with our consignment department regarding the pricing of your tickets. You also have the right at any time prior to your event date to request that your tickets be sent back to you. Simply request your tickets to be shipped in a manner that will get them to you in time for your event. Please take into account any potential delays, such as adverse weather conditions, as our consignment department is not responsible under any circumstances for the timely delivery of your consignment tickets.

5. Credit Card Fraud Prevention
To protect our customers from credit card fraud, a signed Credit Card Authorization Form may be requested for the following type of transactions.

a. All International Orders
b. When the shipping address is different than your credit card billing address.
c. Phone orders over $500 from first time customers
d. Online orders over $1,500 when shipping and billing addresses are different
e. Any time at the discretion of the manager on duty

The Credit Card Authorization form will be faxed or emailed to you after we receive your request for tickets. Please sign and date the Credit Card Authorization form and fax it to 480-361-3501 along with a copy of a Photo ID as well as a front AND back copy of the credit card you are using for the purchase. You can also scan and email the documents back to sales@eSeats.comTickets.com. You may black out any personal information on your photo ID you do not wish us to see as long as we can make out a signature and your name on the ID. You may also black out the first twelve digits on the card, we need to be able to read the last four digits on the card as well as your name on the front and the signature strip on the back. Again, this policy is implemented to protect card holders and prevent credit card fraud.

6. Stolen, Lost or Late Tickets
When you receive your tickets keep them in a safe place. Tickets cannot be replaced if they are lost, stolen or damaged. Treat your tickets like cash. Please note that direct sunlight or heat can damage some tickets. Although extremely rare, if your tickets are lost or arrive late due to FedEx's negligence, you agree to limit eSeats.com Tickets's total financial liability to a maximum of $100. In the event your tickets are lost or arrive late due to FedEx's negligence, we will file a "Lost Claim" on your behalf and credit your account once we receive a refund from FedEx.

7. Cancelled Events
If an event is officially cancelled, and has not been postponed or re-scheduled, a full refund will be issued for the amount paid for the tickets. Any shipping and service charges are not refundable. In order to receive the refund on a cancelled event, the following must happen:

a. Unused ticket(s) must be returned, in original condition, to our office via FedEx or registered mail within ten (10) business days AFTER the event has been officially cancelled. If after 10 business days from the date of the cancelled event the tickets are not returned to our office, no refunds will be given.

8. Postponed Events
If an event is postponed the tickets will be honored for the new date of the show. New tickets will not need to be issued. Since we are not able to obtain a refund on the tickets that we purchased for you we are in turn not able to offer customers refunds on postponed events. Due to the high number of postponed concert, sports and theater events, it is the responsibility of the customer, not eSeats.com Tickets to check with local media outlets to get the most up-to-date time and date for when the postponed event will take place. If you cannot make the new date we can only offer to waive the fees charged by our consignment department. If we are able to sell your tickets you would receive 100% of the amount that we sell them for up to the price that you paid. eSeats.com Tickets will make every attempt possible to sell consignment tickets ahead of any other tickets listed for that event. In store credit issued for postponed or cancelled events are good up to 1 year from the time of purchase.

9. Event Dates and Times
Event dates and times printed on the face of the tickets and noted in your ticket paperwork are always subject to change. This is especially true for sporting events that are subject to television scheduling conflicts. It is important that you check with the local media to assure that you arrive at the correct time and date.

10. Deposits
All deposits are non-refundable. Even though you have not received the tickets yet, we have already committed to purchasing tickets for you by the time your order is confirmed.

11. Credit Card Purchases
Please note that purchases by credit card do not grant you any variances from our terms and conditions. You are still responsible for complying with our terms and conditions. Any attempts to defraud us may result in legal action brought against you.

12. Disputes / Chargebacks
In the event you dispute your confirmed ticket order and the credit card company decides against you, you will be assessed a $100 administrative charge. This is to avoid victim fraud, banking fees and administrative time spent handling the dispute.

13. Pre-Orders
Tickets for some events are not available to ship until closer to the date of the event. Pre-Orders involve tickets that are purchased in advance and are not currently in stock. Exact seating locations may not yet be available so orders are taken for general seating locations. Tickets will be delivered as soon as we receive them. In some cases deliveries are not made until the week of the event. Please refer to individual event pages or call for more information.

Pre-Orders may require a Credit Card Authorization Form to be signed by the credit cardholder and faxed back to us along with a copy of the credit card (front and back) and drivers license. This form will be provided to you by an eSeats.com Tickets customer service representative.

We reserve the right to upgrade tickets to a higher priced seating location at no additional cost to the customer.

14. Forms of Payment
We accept all major forms of credit: MasterCard, Visa, Discover, AMEX and Bank Check Cards bearing the VISA logo. In some cases, as noted in item # 5 above, a credit card authorization form must be filled out and returned to us along with a copy of your passport or drivers license and the front and back of your credit card.

Corporate or Concierge Accounts:
Our corporate and Concierge customers have the option of opening an account with eSeats.Inc. Contact us if you are interested. Benefits would include monthly billing and working with our most skilled and experienced agents. We possess a strong desire to initiate and nurture long-term mutually beneficial relationships with our clients. Please contact us if you are interested in setting up this type of account.

15. Limitations of Liability
We are not responsible for providing transportation or reimbursement of travel related expenses under any circumstances unless those items are specifically included as part of a package. Nor are we responsible for any delay causing you to arrive late or miss your event for any reason. Any actions by our company that do result in you missing your event will be rectified with our liability not exceeding 100% of your total purchase price.

We are not responsible for the conditions or the actions of the crowd at any event. The tickets that you purchase from us are valid and if someone is sitting in your seat when you arrive it is your responsibility to ask them to move or ask an usher to seat you.

In the event that we are required to seek legal remedies to recover fees and/or resolve disputes, Client agrees that we are entitled to recover all costs associated with such action by the client, including but not limited to reasonable attorney's and administrative fees. By purchasing tickets through eSeats.com Tickets you agree to waive any additional rights or remedies conferred upon you now or in the future under Arizona law and you agree to litigate any disputes within the jurisdiction of the courts of Scottsdale, Arizona.