Terms and conditions for ticket sales
of Downstream s.r.o. with registered office at Gutova 26/21354, Prague 10, 100 00, Czech Republic, ID No: 29462959, VAT ID: CZ29462959, phone.: +420 606 379 809, email: firstname.lastname@example.org for the sale of goods (tickets) via the online shop located at the Internet address www.zivaexotika.cz
1. Introductory provisions
a) These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Downstream s.r.o. with registered office at Gutova 26/21354, Prague 10, 100 00, Czech Republic, ID No: 29462959, VAT ID: CZ29462959, (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at www.zivaexotika.cz (hereinafter referred to as the "Website").
b) These Terms and Conditions and the Complaints Procedure define and specify the rights and obligations of the Seller and the Buyer when selling tickets for any cultural, social, sporting or other events (hereinafter referred to as "Events") through the online shop operated on the Website.
c) Contacting the Seller means contacting the Authorised Person by telephone at his/her specific telephone number or email, if known to the Buyer, or at the general telephone number or email listed in the Contacts section of the Website.
d) These Terms and Conditions form an integral part of the contract of sale between the Buyer and the Seller and the Buyer, by purchasing tickets, also acknowledges that he/she has read these Terms and Conditions and expressly acknowledges that these Terms and Conditions form part of the contractual arrangement between him/her and the Seller.
2. Subject matter of the contract
a) The subject matter of the Contract is the Seller's obligation to supply the Buyer with tickets to the Event of his choice, in the number requested by the Buyer, and the Buyer's obligation to pay the ticket price.
b) The Purchase Contract is concluded upon payment of the admission fee by the Purchaser.
c) The Seller undertakes to deliver the tickets to the Buyer without undue delay after the payment of the admission fee, provided that in the case of online purchases the tickets will be delivered in electronic form to the e-mail address provided by the Buyer. The Buyer shall not be entitled to delivery of the tickets before the full price of the tickets for the Event has been paid into the Seller's bank account.
d) Delivery of the tickets to the Buyer by the Seller shall constitute all obligations of the Seller under the Purchase Agreement have been fulfilled.
e) Tickets are not sent by post, even on delivery.
3. Rights and obligations of the parties in relation to the Event for which the tickets are purchased
a) The Seller is the organiser of the individual Events for which tickets are sold. The purchase of a ticket for an Event creates a legal relationship between the Buyer and the Seller as the organiser of that Event. The Seller shall be responsible for the performance of the obligations of the Event organiser arising from the contractual relationship between the Buyer and the Seller as the Event organiser.
b) By purchasing a ticket, the Buyer agrees to abide by the rules set by the Seller as the organizer of the Event. Furthermore, by purchasing a ticket, the Purchaser undertakes to comply with the operating and visitor regulations of the Event venue.
c) The Seller, as the organizer of each Event, reserves the right to change the programme, date and venue of the Event. By purchasing a ticket, the customer acknowledges this right of the Seller as the organizer.
d) The Seller is not responsible for the validity and authenticity of tickets purchased outside the website.
e) Ticket purchase procedure and payment conditions
f) The price for each ticket is indicated for each Event individually. For each Event, any incidental charges associated with the purchase of the ticket are also listed.
g) In the case of ticket purchase via the website, payment for the ticket is only possible by credit card, which allows for online credit card purchases, or by wire transfer to the seller's bank account.
h) The Seller shall not be liable for any costs of the Buyer related to the purchase of the ticket resulting from the contractual relationship between the Buyer and the bank that issued the payment card to the Buyer or that maintains a bank account for the Buyer, through which the Buyer made the payment of the admission fee.
ch) Tickets are not sent on delivery.
i) The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
j) The Seller reserves the right to cancel the event without any claim for damages or injury to the Buyer beyond the price of the tickets. Especially if forced to do so by unforeseen conditions (e.g. government regulation, state of emergency, state of crisis, disaster, not meeting the conditions for holding this type of event, etc.)
5. Withdrawal from the contract
a) In accordance with the provisions of Section 1837(j) of Act No. 89/2012 Coll., the Civil Code, as amended, the Buyer has no right to withdraw from the contract concluded between the Buyer and the Seller in accordance with the provisions of Section 1829 of the Civil Code (withdrawal from the contract within 14 days without giving reasons), given that this is a contract for the use of leisure time and the performance is provided by the entrepreneur, i.e. in this case the organizer of the Event, within the specified time.
6. Complaints Procedure
a) All claims for tickets purchased through the Website are subject to these Terms and Conditions and the Claims Procedure set out in this Clause 6.
b) The purchaser is entitled to a refund of the ticket price only in the cases and under the conditions set out below.
c) The Buyer is not entitled to a ticket exchange. In the evet of damage, destruction, loss, theft or other deterioration of the ticket, the ticket will not be replaced and the purchaser will not be provided with refund.
d) The Seller shall not be liable if the ticket is not delivered to the Buyer due to reasons on the Buyer's side, in particular if the ticket cannot be delivered to the Buyer's e-mail address (e.g. overflowing mailbox, spam filter, etc.).
e. In the event that the Buyer has not received the ticket within 2 hours after the full payment of the ticket price, i.e. crediting the full ticket price to the Seller's account, the Buyer is obliged to contact the Seller immediately, but no later than 48 hours from the date of expiry of the aforementioned deadline for delivery of the ticket, and notify the Seller that he/she has not received the paid ticket. For this purpose, the Buyer is obliged to provide the Seller with the name and email address he/she provided as contact or identification data when purchasing the ticket. In the event that the Seller discovers that the Ticket has not actually been delivered to the Purchaser, the procedure set out in this paragraph (f) and/or (g) below shall be followed.
f) The Seller undertakes to resend the ticket to the Buyer at the e-mail address provided by the Buyer no later than 24 hours, but no later than 1 hour before the Event.
g) In the event that the Event has already taken place, the Seller undertakes to return the paid admission fee to the Buyer within 14 days from the date of the claim by the Buyer.
h) In the event that the Event is cancelled completely by the Seller as the organiser, the Buyer who has provided the Seller with his contact details (e-mail, telephone, postal address, fax, etc.) will be informed via this contact that the Event is cancelled. The Seller shall not be liable to the Buyer if the Buyer cannot be reached in time via this contact or if the Buyer receives the notification of the cancellation of the Promotion sent in time and late.
ch) In the event of a complete cancellation of the Event by the Seller as promoter, the Seller will refund the entry fee in full as described below.
i) In the event that the conditions for the refund of the admission fee pursuant to paragraph 7 of this Complaints Procedure are met, the admission fee will be refunded to the Buyer via the credit card used to pay the admission fee and, in the case of payment by bank transfer, to the bank account from which the admission fee was sent. The full refund of the admission fee paid by the Purchaser will be made within 14 days of the date of cancellation of the Event.
a) The Seller shall process the Buyer's personal data for the purpose of fulfilling the contractual relationship between the Seller and the Buyer within the meaning of Article 6(1)(b) of the General Data Protection Regulation 2017/679 of the European Parliament and of the Council, to the extent that the Buyer has provided it to the Seller; to the greatest extent possible, this includes: name, surname, email address, telephone number and bank account or credit card number. The minimum scope of personal data that the Seller reserves as a condition for the conclusion of the contract and within which the Buyer is obliged to provide his/her personal data consists of the following personal data: name and surname, e-mail address. The bank account number or credit card number is recorded without reference to other personal data in the seller's bank statements and these personal data are not further processed in any way.
b) Specifically, the following sub-purposes of the processing of personal data are concerned:
- Delivery of tickets to the Buyer, sending information about changes to Events or tickets and enabling the Buyer to enter the Event;
- identification of the Buyer in the event of complaints being handled in accordance with the complaints procedure contained in Article 6.
- to send information and advertising communications.
c) The Buyer enters his/her personal data through the Website. In case of incorrectly entered data (e.g. a typo in the name or telephone number), the Buyer is obliged to contact the Seller in his own interest. The Seller stores the personal data for as long as necessary, but no longer than 12 months, and then deletes the personal data. If the buyer wishes to delete the information earlier, he can contact the seller and request the deletion of his personal data.
d) The Seller shall keep the email addresses of all Buyers for an unlimited period of time and use them for the purpose of sending commercial communications relating to Promotions. The Buyer may already click on a clearly marked box when registering that he does not wish to receive commercial communications (then his e-mail address will not be included in the mailing list). If the Buyer does not wish to receive commercial communications afterwards, he/she can cancel them simply by replying to the e-mail stating that he/she no longer wishes to receive any commercial communications or by using the link contained in the communication sent; in this case, his/her e-mail address is subsequently removed from the mailing list. The Buyer may also contact the Seller directly in order to object to the sending of commercial communications.
e) At the Events, the Seller as the organizer takes pictures and short audio-visual recordings for the purpose of promoting the Events on the Internet. The Seller shall endeavour to maintain the privacy of visitors as far as possible when taking photographs and filming. If the Buyer finds that he/she is clearly recognisable in any of the images, he/she may contact the Seller and request that he/she additionally take technical measures to anonymise the Buyer concerned as a visitor, in particular by artificially blurring his/her image.
f) The Buyer is entitled to contact the Seller or the Data Protection Authority at any time with requests or complaints regarding the processing of his/her personal data.
8. Final provisions
a) Should any provision of these Terms and Conditions and the Complaints Procedure prove invalid or ineffective, the validity and effectiveness of the other provisions of these Terms and Conditions and the
Complaints Procedure which are severable from the invalid or ineffective provision.
b) The Seller is entitled to amend these Terms and Conditions at any time.
c) All provisions of these Terms and Conditions and the Complaints Procedure and the contractual relationship between the Buyer and the Seller shall be governed by Czech law.
In Prague on 29.7.2022