OF USE OF INTERNET TICKET SALE SYSTEM
§ 1 General arrangements
2. The legal basis of the following regulations stands in particular on:
- Digital services act, 18 July 2002 (Dz. U. z 2016 r. poz. 147 z późn. zm.),
- Consumer rights act,30 May 2014 (Dz. U. z 2016 r. poz. 615 z późn. zm.),
- Personal data protection act, 29 August 1997 (Dz. U. z 2016 r. poz. 922 z późn. zm.).
3. Terms used below are defined as follows:
- Service - Internet ticket sale system at www.b90.pl through which Seller sells tickets for events via the internet without simultaneous physical presence of parties concerned ;
- Seller - Sopot Odessa Ewa Hronowska based in Sopot (81-759) on Bohaterow Monte Cassino 54 street, NIP 585 133 63 52, REGON: 810475070, registered at Central Registry and Information about Business Activities run by the Minister of Economy, who is the owner of Service;
- Client - Adult physical person having the capacity for legal activities (including Consumer), legal or organizational unit having the capacity for legal activities which is purchasing tickets through Service;
- Consumer - Adult physical person purchasing tickets through Service for purposes unrelated to their business or professional activities;
- Ticket - Electronic or paper document entitling the owner to enter an event on a date and venue established by Seller;
- Event - Event organized by Seller (concerts and recitals in particular), to which persons possessing a valid ticket can enter, only persons over 18 years old can be admitted;
- Order - Procedure leading to Ticket purchase transaction preceded by the choice of Ticket, form of payment and reception;
- Contract - Ticket selling contract which is closed between Seller and Client;
- Data - Client’s data including personal data processed so as to fill Order;
- Price - unitary price of Ticket included in Ticket description, expressed in PLN and including the tax for commodities and VAT services, the price doesn’t include Shipping Expenses;
- Shipping Expenses - Expenses of Ticket delivery covered by Client;
- Payment - Payment of Order expenses including Price and Shipping Expenses, in a way chosen by Client when placing Order;
4. Service operates through an ICT system ensuring processing and storing as well as sending and receiving data through telecommunication networks in accordance with electronic services act from 18 July 2002.
5. In order to properly receive the service, the recipient should:
- Possess a computer or other device with software enabling browsing internet web pages (e.g. Safari 6, Internet Explorer 10, Firefox 3, Opera 10, Chrome 4 or newer) as well as internet access,
- Enable cookies,
- Possess an operating system (e.g. iOS, Microsoft Windows XP, 7, Vista or newer).
7. The content of Service page is the property of Seller and is protected by law.
§ 2 Tickets and placing Orders
1. Seller enables Client to place Orders 24/7.
2. Tickets are payable and have to be paid for by Client.
3. Before placing Order, Client chooses the kind of event, the kind of ticket, number of tickets, form of shipping, form of payment.
4. The price of Tickets chosen by Client is visible while placing Order.
5. For Order to be executed Client is obliged to give personal data enabling contacting them such as:
- Name and Surname,
- Phone number,ad
- E-mail address
6. In case Client chooses the option of shipment of paper Tickets, they are obliged to additionally give the address to which Tickets should be delivered.
7. Providing the aforementioned data is voluntary but inevitable for Order execution.
8. Client confirms the will to place a Ticket Order by clicking an icon “Order and Pay”. The moment “Order and Pay” button is clicked the contract between Seller and Client is valid.
9. After placing Order, Client receives an e-mail with confirmation.
10. Client receives Ticket after paying for it.
11. If Ticket is not paid for within 24 hours, after placing Order, it is cancelled.
12. Depending on Client’s choice, purchased Tickets can have one of the following forms:
- Paper document, printed by Seller and shipped to Client by post.
- Electronic document - a pdf file sent to Client’s e-mail address, which can be printed by Client on their own.
- An electronic document in the form of a bar code sent to Client’s mobile device.
§ 3 Payment and shipping
1. Payment is realized before the execution of Order or on reception.
2. Seller accepts the following methods of payment:
- Cash on delivery.
- Money transfer using electronic payment service.
- Payment by card using electronic payment service.
3. In case of choosing payment mentioned in § 3 ust. 2 pkt 2-3 above, Client is automatically put through electronic payment service.
4. The day of making payment is the day the money enters Seller’s bank account.
5. Shipping Expenses may differ depending on the parameters of Ticket (paper form, type of deliverer)
6. On Client’s request Seller may issue a VAT invoice.
7. Ticket is delivered to an e-mail address or mailing address given while placing Order.
8. Paper ticket shipping goes through delivery companies or national post within or outside Poland to countries specified by Seller.
9. On reception Client is obliged to check whether the package hasn’t been damaged in transport and whether it’s consistent with Order description. Lack of objections is confirmed by Client’s handwritten signature.
§ 4 Complaints procedure
2. The condition for a complaint to be looked into is the provision of personal data enabling the complaint to be looked into properly, and clearly stating reasons for making a complaint and compensation demanded by Client.
3. The complaint is looked into by Seller within 14 days after receiving it.
4. In case a complaint is incomplete or unclear preventing it from being looked into, Seller will contact Client, requesting its completion.
5. Not taking a stance by Seller within 14 days is equivalent to the approval of a complaint.
6. Client gets notified about the outcome of a complaint by e- mail.
7. In case Seller approves a complaint concerning the execution of contract, Seller will compensate the complaint. In case a complaint is rejected fully or partly, Client will receive a written justification.
§ 5 Responsibility and ticket returns
1. Seller isn’t held responsible for Client’s damage resulting from using a device unprotected by antiviruses, through which they connect to the internet as well as quality of telecomunication networks services through which they connect to the internet in order to use Service.
2. Seller isn’t responsible for the process and effectivity of transactions made through electronic payment service.
3. Seller informs that due to necessity of conservation and technical works necessary for the maintenance of Service, there can be a temporary and short term limit to Service access. Seller undertakes running maintenance works in a way least harmful to Clients.
4. Seller is not the organizer of events they are selling Tickets for. Therefore Seller is not responsible for the course of parties, their organization, in particular postponing dates of events or their cancellation.
5. Tickets bought can’t be returned, except when Event is cancelled. In order to avoid doubt, canceling an artist from a show where they are not the only performer or the main star of evening, is not a basis for Ticket return but gives Consumer a possibility of getting part of Ticket price back proportional to Ticket Price and number and type of performers (e.g. support/ star of the night).
6. Seller reserves the right to give discounts and run temporary special offers on Service web page which may contribute to lowering Ticket Price for chosen events. Discounts and special offers are valid when placing Order and can’t be a basis for Client to claim damages towards Seller, especially Client can’t demand from Seller the return of difference between the real price paid by Client and new Price at which Seller is selling discounted Tickets if there was no special offer while placing Order.
§ 6 Personal data
1. The administrator of Clients’ personal data is Ewa Hronowska who is running business by the name of “Sopocka Odessa Ewa Hronowska” based in Sopot (81-759) on Bohaterów Monte Cassino 54 street, which processes Clients’ data for purposes of Order execution or in case Client complains- in order to look into the complaint..
2. Depending on Client’s agreement, their personal data, especially e-mail address or telephone number can be processed for marketing purposes by which sending commercial information by electronic means is also understood..
3. Giving personal data by Client is voluntary but inevitable for the execution of Order.
4. Client is entitled to look into contents of their personal data and correct it.
§ 7 The right of withdrawal
1. In case Client is Consumer, consumer rights act from 30 May 2014 is applied.
2. Consumer who made an agreement from the distance or outside the venue of the company may within 14 days withdraw from it without giving a reason and bearing the costs. In case of withdrawal, the agreement is considered invalid.
3. Consumer takes notice that in accordance with 38 ust. 1 pkt 12 consumer rights act, the right to withdraw, mentioned in § 7 ust.2 is not applied in case of service connected with entertainment, sports or cultural events if, in the agreement, a day or period of time of giving the service had been established which makes withdrawal from Ticket contract impossible.
§ 8 Final arrangements
5. Seller informs that Consumer has the right to use out-of-court settlement of disputes and seek redress, in particular Consumer can turn to consumer court of conciliation operating by regional Trade Inspectorate, with a claim to start legal proceedings in order to amicably settle a dispute between Consumer and Seller.
6. Consumer may turn to regional consumer rights adviser whose aim is the protection of Consumers (e.g. Consumer Federation.).
7. Consumer might make a complaint through UE internet platform ODR available at: http://ec.europa.eu/consumers/odr/.