Of the business company
TicketsGP s.r.o. with residence at Nove Sady 988/2, 60200 Brno, Czechia
Registered Identification Number: 14176262
Entered into the Trade Licensing Register administered by Krajský soud v Brně, odd. C vložka 126804, entry
for selling merchandise via an online store placed on the internet address www.Tickets.GP
Appropriate authority according to §71 par. 2 of Trade Act: Municipal authority Brno
Booking conditions – Tickets (eTicket)
Cancellation
• No cancellation is possible.
• Tickets are available only after online payment.
INTRODUCTORY PROVISIONS
These business conditions (further referred to only as “business conditions”) of TicketsGP s.r.o. the business company, residing at Nove Sady 988/2, 60200 Brno, Czechia c, identification number: 14176262, entered in the Trade Licensing Register administered by, section, entry (further referred to as „seller“) regulate, in accordance with the regulation § 1751 paragraph 1 of Act no. 89/2012 Coll., Civil Code (further referred to as „Civil Code“), the mutual rights and responsibilities of contractual parties which arise in conjunction with or based on a purchase contract (further referred to as „purchase contract“) entered into by the seller and another physical person (further referred to as „buyer“) via the seller’s internet shop. The internet shop is operated by the seller on a website placed on the internet address www.tickets.gp (further referred to as „website“), by means of the website interface (further referred to as „web store interface“).
These business conditions do not apply in such cases where the person intending to purchase merchandise from the seller is a legal person or a person which during the process of ordering merchandise acts within the framework of its business operations or within the framework of its independent profession.
Regulations which vary from business conditions can be negotiated in the purchase contract. Such differing regulations have precedence over the regulations in the business conditions.
Regulations of business conditions constitute an inseparable part of the purchase contract. Purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The content of the business conditions can be amended or added to by the seller. Such provisions do not alter the rights and responsibilities created while the previous version of business conditions was in effect.
USER ACCOUNT
Following registration of the buyer on the website, the buyer can then access his user From the user interface, the buyer can order goods (further referred to as “user account”). If the web store interface allows it, the buyer can also order merchandise without registration, directly from the web store interface.
When registering on the website and ordering merchandise, the buyer is required to enter all data correctly and truthfully. The buyer is required to update the data whenever any changes to them occur. Data entered by the buyer in the user account and when ordering merchandise are considered correct by the seller.
Access to the user account is secured with a user name and a password. The seller is responsible for keeping information necessary for account access confidential.
The buyer is not allowed to enable third parties to use his user account.
The seller can delete a user account, particularly if the user has not accessed his account in more than 5 years, or if the buyer fails to adhere to his responsibilities in the purchase contract (which includes these business conditions).
The buyer acknowledges that the user account might not be accessible at all times, especially in regard to necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third persons.
ENTERING INTO A PURCHASE CONTRACT
All merchandise presentation placed on the web-store interface is of an informational character and the seller is not required to enter into a purchase contract in regard to this merchandise. The regulation §1732, par. 2 of the Civil Code does not apply.
Web store interface contains information about the merchandise, including prices for each piece of merchandise. The displayed prices include the value-added tax and all related fees. Prices of merchandise stay valid while they are displayed in the web store interface. This regulation does not limit the possibility for the seller to enter into a contract under individually negotiated conditions.
Web store interface also contains information about costs associated with packaging and delivering merchandise. Information about the costs of packaging and delivering stated on the web-store interface is valid only when the merchandise is delivered within the Czech Republic.
To order merchandise, the buyer fills in an order form in the web store interface. The order form contains information mainly about:
The merchandise ordered (the buyer will put the ordered merchandise into the electronic shopping basket in the web store interface),
The type of payment for the price of the merchandise, information about the requested type of delivery of the merchandise and
Information about the costs associated with the delivery of the merchandise (all this further referred to as “order”).
Before the order is sent to the seller, the buyer has an opportunity to check and alter any information entered into the order, which also includes the chance to discover and correct mistakes created while entering data into the order. The order is sent to the seller by clicking the button “Confirm order”. Data entered into the order will be considered accurate by the seller.
Submitting the order is considered such an action on the side of the buyer that identifies in an unquestionable way the type of merchandise ordered, the buying price, the person of the buyer, the type of payment of the price of the merchandise; this constitutes a binding proposal of the purchase contract for both contractual parties. For the order to be valid, the following conditions must be met: all required information in the order form must be entered, reading these business conditions on the website, and confirmation by the buyer that they are familiar with these business conditions.
Immediately after receiving the order, the seller will send a confirmation of its receiving through electronic mail, to the e-mail address of the buyer entered in the user interface or in the order (further referred to as “buyer’s e-mail address”).
The seller always has a right to ask the buyer for additional confirmation of the order (in writing or electronically), depending on the character of the order (quantity of merchandise, amount of purchase price, estimated costs for delivery).
The purchase contract proposal in the form of order is valid for fifteen days.
The contractual relationship between the seller and the buyer is created when the order acceptance is received, after being sent by the seller to the buyer via electronic mail, to the buyer’s e-mail address.
If the seller is unable to fulfil any of the requirements included in the order, he will send the buyer to his e-mail address an altered offer with listed possible variations to the order, and he will request the buyer’s opinion.
The altered order will be considered the new purchase contract proposal and the purchase contract is entered into when the buyer accepts it via electronic mail.
The buyer agrees with the use of long-distance communication methods when entering into the contract. Any costs the buyer incurs for using long-distance communication methods in relation to the purchase contract (costs of internet connection, telephone costs) are the responsibility of the buyer, and these costs do not differ from the basic rate.
PRICE OF MERCHANDISE AND PAYMENT CONDITIONS
The price of merchandise and potential costs related to delivering merchandise based on the purchase contract can be paid for by the buyer to the seller in these ways:
non-cash via a credit card;
Along with the purchase price, the buyer is responsible for paying the seller for the costs related to packaging and delivering the goods in the agreed amount. Unless stated expressly otherwise, from now on the term ‘purchase price’ is understood to include the delivery costs.
The seller does not require a deposit or any other similar type of payment. This does not influence the regulation of article 4.6 in the business conditions regarding the responsibility of the buyer to pay the purchase price of the merchandise in advance.
In case of payment in cash or cash on delivery payment, the purchase price is payable upon takeover of merchandise. In the case of non-cash payment, the purchase price is payable within 30 days of entering into a purchase contract.
In the case of non-cash payment, the buyer is responsible for paying the purchase price while including the variable symbol of the payment. In case of non-cash payment, the buyer’s requirement to pay the purchase price is fulfilled the moment the amount is credited to the seller’s account.
The seller has the right to demand payment of the full purchase price before sending the merchandise, especially if there was not an additional order confirmation from the buyer (article 3.8). The clause in § 2119, par. 1 of the Civil Code will not be used.
Possible discounts from merchandise price, given to the buyer by the seller, cannot be mutually combined.
If customary in business relations or where required by generally binding legal prescriptions, the seller will prepare a tax document – invoice for the buyer about the payments made based on the purchase contract. The seller is a payer of VAT. The seller will create the tax receipt – invoice for the buyer after the full payment of the price of merchandise and send in an electronic form to the buyer’s e-mail address.
WITHDRAWAL FROM PURCHASE CONTRACT
The buyer acknowledges that, according to regulation §1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
For delivery of merchandise where the price depends on fluctuations of the financial market, independently of the will of the seller and which may occur during the time limit for withdrawal from the contract,
For delivery of alcoholic beverages, which can be delivered only after 30 days have passed and where the price depends on fluctuations of the financial market, independently of the will of the seller,
For delivery of merchandise which has been modified according to the wishes of the buyer or for his person,
For delivery of merchandise that spoils quickly, as well as merchandise which was irreversibly mixed with other goods after the delivery,
For delivery of merchandise in enclosed packaging which the buyer removed from its packaging and it is impossible to return for sanitary reasons,
For delivery of sound or visual recordings or computer programs, if the original packaging has been opened,
For delivery of newspaper, periodicals or magazines,
For delivery of digital content, if it was not delivered on a physical drive and was delivered after prior explicit agreement of the buyer before the limit for withdrawal from contract has expired and the seller informed the buyer before the contract was entered into that in such a case he does not have the right to withdraw from the contract.
Excluding the cases stated in article 5.1 or other cases where withdrawing from the contract is not possible, the buyer has the right, in accordance with regulation §1829 par. 1 of Civil Code, to withdraw from the purchase contract within 14 days of the takeover of merchandise; if the subject of the purchase contract were several types of merchandise or the delivery of several parts, this deadline is determined from the day of the takeover of the last merchandise delivery. Withdrawal from the purchase contract has to be sent to the seller within the time limit stated in the previous clause.
The buyer may use the sample form for withdrawal from the contract provided by the seller; it is included as an attachment to the business conditions. Withdrawal from purchase contract may be sent to the address of the place of business or business premises of the seller. The regulation in art. 11 of these business conditions applies to the delivering of withdrawal from the purchase contract. The seller will confirm to the consumer that he received the withdrawal in text form without unnecessary delay.
In case of withdrawal from purchase contract based on article 5.2 of business conditions, the purchase contract is cancelled completely. The merchandise must be returned to the seller within fourteen (14) days from withdrawing from the contract. If the buyer withdraws from the purchase contract, he is responsible for the costs associated with the returning of the merchandise, even in such cases where the merchandise cannot be returned via standard postal means because of its character.
In case of withdrawal from purchase contract based on Article 5.2 of the business conditions, the seller will return payment received from the buyer within fourteen (14) days from buyer’s withdrawal from the purchase contract, using the same type of payment in which it was received from the buyer. The seller also has the right to return any fulfilment provided by the buyer at the instance of return of merchandise by the buyer, or as a different type of payment if the buyer agrees and if it does not create additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not required to return received financial payment to the buyer before the buyer returns the merchandise or provides proof of sending it to the seller.
In case of damages to the goods, the seller has the right to count any claim for reimbursement against the buyer’s claim for return of purchase price.
Before merchandise takeover by the buyer, the seller has the right to withdraw from the purchase contract at any time. In such cases, the seller will return the purchase price to the buyer without unnecessary delay, to the bank account determined by the buyer.
If a gift is provided to the buyer along with the merchandise, the gift contract between the buyer and the seller is entered into with a terminating condition which states that if the buyer withdraws from the purchase contract, the gift contract about such gift will lose effectiveness and the buyer is required to return the provided gift along with the returned merchandise to the seller.
SHIPPING AND DELIVERY OF MERCHANDISE
If the type of shipping is agreed upon based on a special request by the buyer, the buyer carries all risk and possible additional costs associated with this type of shipping.
If the seller is required, based on the purchase contract, to deliver merchandise to a location determined by the buyer in the order, the buyer is responsible for accepting the merchandise upon delivery.
If it is necessary to deliver the merchandise repeatedly or in a different way than specified in the order, due to reasons on the side of the buyer, the buyer is responsible for covering the costs associated with repeated delivery attempts or costs associated with a different type of shipping.
When accepting merchandise from a shipping company, the buyer is responsible for checking that the merchandise packaging is intact, and must inform the shipping company immediately in case of any damages. If evidence is found of disturbed packaging and unauthorized access to the merchandise, the buyer does not have to accept the merchandise from the shipping company.
The provider is allowed to charge the customer flat-rate compensation related to additional costs that he must incur in connection with refunding payments for Tickets / Accommodation in case that the organizer cancels the Event / Ticket / Accommodation and agrees with the provider that the refund of the Ticket / Accommodation price will be paid by the provider. The fee is set at a minimum of 5% order value.
RIGHTS IN CASE OF FAULTY FULFILLMENT
Rights and responsibilities of contractual parties in regard to rights in case of faulty fulfilment comply with the appropriate generally accepted binding regulations (especially regulations § 1914 to 1925, § 2099 to 2177 and § 2161 to 2174 of Civil Code).
The seller guarantees to the buyer that the merchandise is without fault upon takeover. The seller is especially guaranteed to the buyer that upon takeover of merchandise:
The merchandise has such properties that were negotiated, and if there is no agreement, it has such qualities that the seller or manufacturer described or which the buyer expected in regard to the properties of the merchandise and based on the advertisements posted,
The merchandise is appropriate for the purpose which the seller lists for it, or for which merchandise of this kind is typically used,
The quality of execution of the merchandise corresponds with the agreed-upon sample or template if the quality of execution were determined based on a sample or a template,
The merchandise is in appropriate quantity, measurement or weight and
The merchandise adheres to the requirements of legal regulations.
Regulations stated in art. 7.2 of business conditions will not be used in regard to merchandise sold for a lower price due to a fault for which the lower price was negotiated, in regard to merchandise wear caused by its typical use, in regard to used merchandise for a fault which corresponds with the rate of use or wears if the fault existed upon takeover of merchandise by the buyer or where it arises from the character of the merchandise.
If the fault manifests for six months after the takeover of merchandise, it is assumed the merchandise was faulty already upon takeover.
Rights from faulty fulfilment are claimed by the buyer at the address of seller’s business premises where the acceptance of the claim depends on the assortment of sold merchandise, or at the seller’s business residence or place of business. The instance of claim is considered to be the moment when the seller received the claimed merchandise from the buyer.
Other rights and responsibilities of both sides in regard to the seller’s responsibilities in case of faulty merchandise may be specified in the seller’s claims policy.
OTHER RIGHTS AND RESPONSIBILITIES OF CONTRACTUAL PARTIES
The buyer gains ownership of the merchandise upon paying the whole purchase price of the merchandise.
The seller is not, in relation to the buyer, bound by any codes of behaviour in the sense of regulation §1826 par. 1 letter e) of the Civil Code.
An out-of-court settlement of consumer disputes from purchase contracts are within the authority of Czech Trade Inspection Authority, which resides at Štěpánská 567/15, 120 00 Praha 2, Registration Identification Number: 000 20 869, internet address coi.cz.
The seller is authorized to sell merchandise based on a trade license. The control over the trade falls under the authority of the appropriate trade agency. Oversight over the area of personal data protection falls under the Office for personal data protection. The Czech Trade Inspection Authority exercises, among other things, control over adherence to the Act no. 634/1992 Coll., on consumer protection, as subsequently amended.
The buyer thus takes upon himself the danger of a change in circumstances in the sense of §1765 par. 2 of the Civil Code.
PERSONAL DATA PROTECTION
Personal data protection of the buyer who is a natural person is provided by Act no. 101/2000 Coll., on personal data protection, as subsequently amended.
The buyer agrees with this personal data being processed: name and last name, the address of residence, registration identification number, tax identification number, e-mail address, phone number (further referred to collectively as “personal data”).
The buyer agrees with the seller processing his personal data, for the purposes of carrying out the rights and responsibilities from the purchase contract and for the purposes of maintaining a user account. Unless a different option is chosen, the buyer also agrees with the seller processing his personal data for the purposes of sending information and business notifications to the buyer. The agreement with the processing of personal data in the full extent of this article is not a condition that would prevent entering into a purchase contract.
The buyer acknowledges that he is responsible for his personal data (upon registration, in his user account, during an order made at the web store interface) being correct and truthful and that he must inform the seller without unnecessary delay about any changes in his personal data.
The seller may entrust a third person with processing personal data – as a data processor. With the exception of the persons transporting the merchandise, the personal data will not be given by the seller to third parties without a prior agreement from the buyer.
Personal data will be processed for an unspecified amount of time. The personal data will be either processed in an automated way in electronic form or in a printed form in a non-automated way.
The buyer confirms that provided personal data is precise and that he was advised the personal data was provided voluntarily.
In case the buyer believes that the seller or the data processor (art. 9.5) handles the processing of his personal data in such a way that is in conflict with the protection of the private and personal life of the buyer or in conflict with law, especially if the personal data is imprecise in regard to the purpose of its processing, he can:
Ask the seller or data processor for an explanation,
Demand that the seller or data processor remedy the situation.
If the buyer requests information about the processing of his personal data, the seller is required to provide him with such information. The seller has the right to request adequate compensation, not higher than necessary costs incurred, for providing such information.
SENDING BUSINESS MESSAGES AND STORING COOKIES
The buyer agrees with the sending of information related to merchandise, services, or business of the seller to the buyer’s e-mail address, and further agrees with the sending of business messages from the seller to the e-mail address of the buyer.
The buyer agrees with the storing of so-called cookies on his computer. If the purchase on the website is possible to be carried out and the responsibilities of the buyer from the purchase contract fulfilled without cookies being stored to the computer of the buyer, the buyer can withdraw from the agreement in the previous clause.
DELIVERY OF COMMUNICATIONS
Notifications concerning the relations between the seller and the buyer, especially in regard to withdrawal from the purchase contract, must be delivered by mail using the recommended letter form, unless specified otherwise in the purchase contract. Notifications are delivered to the appropriate contact address of the other party and are considered delivered and in effect at the moment of their delivery via postal service, with the exception of notification of withdrawal from purchase contract by the buyer, where the withdrawal is in effect if the notification is sent by the buyer within the time limit for withdrawal.
Such a notification which the addressee refused to receive, which was not picked up during the time it was held at the post office, or which was returned as undeliverable, is also considered delivered.
The contractual parties may send and receive usual correspondence via electronic mail, to the e-mail address stated in the user account of the buyer or entered into the order by the buyer, and to the email address of the seller stated on the seller’s website.
FINAL STATEMENTS
If the relationship entered into based on the purchase contract includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This way the rights of the consumer, arising from generally binding law prescriptions, are not touched.
If any of the regulations in the business conditions is invalid or ineffective or become invalid or ineffective, the ineffective regulation is replaced with a regulation whose meaning is the closest to the ineffective clause. The invalidity or ineffectiveness of one clause does not render other clauses invalid. Changes and amendments to the purchase contract or business conditions require a written form.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
Attached to the business conditions is the sample form for withdrawing from the purchase contract. The contact information of the seller: mailing address is TicketsGP s.r.o., Nove Sady 988/2, 60200 Brno, Czechia address: info@tickets.gp phone number +4367764849247
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