Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the Roman Catholic Parish – Archdeanery Kutná Hora, Company ID: 46403523, VAT ID: CZ46403523, with a registered office at Jakubská 1, Kutná Hora registered in the Register of Registered Churches and Religious Societies maintained by the Ministry of Culture of the Czech Republic pursuant to Act no. 3/2002 Coll., about religious Societies, as amended (hereinafter referred to as the “RCP”, or the “Seller”); govern, in compliance with the provisions of Section 1751 (1) of Act no. 89/2012 Coll. of the Civil code, mutual rights and obligations of the contractual parties arising in relation to, or based on, a sales contract (hereinafter referred to as the “Contract”) entered into between the Seller, as one party, and a natural person, or a legal person, as a buyer (hereinafter referred to as the “Buyer”), as the other party. The subject of the Contract is the sale of electronic tickets (hereinafter referred to as “e-ticket”) enabling the Buyer to enter the Seller's premises or the premises of its partner organizations (hereinafter referred to as “Partner organizations”) or entering any cultural, sports and/or other events organized by the Seller or its Partner organizations (hereinafter referred to as “Events”). The e-tickets sale is carried out via an online shop (hereinafter referred to as the “e-shop”) on the https://vstupenky.chramsvatebarbory.cz or https://tickets.chramsvatebarbory.cz websites, which is operated by the Seller.
1.2. The Buyer is a consumer or an entrepreneur. A consumer is, in compliance with § 419 of the Act no. 89/2012 Coll., the Civil code (hereinafter referred to as the “Civil code”), any human being (natural person), who enters into the Contract with the Seller, or deals with the Seller otherwise, outside the scope of their own business activities or outside the scope of their individual profession performance.
In compliance with § 420, subsection 1 of the Civil code, an entrepreneur (natural or legal person) is an entity that independently performs a profit-making business activity on their own account and responsibility. The profit-making activity is pursued with a trade license or a similar form with the intention to act so continuously for the purpose of gaining profit. In accordance with § 420, subsection 2 of the Civil code, and for the purposes of a consumer's protection, any person that enters into Contracts related to their own business, production or similar practice, or to their individual profession performance, or a person that acts in the entrepreneur's name or on their account, is considered an entrepreneur too.
1.3. These Terms and Conditions for the purchase are an integral part of the Contract entered into between the Seller and the Buyer of the e-tickets for the Event via the Seller, and at the same time, the Buyer confirms by purchasing the e-tickets, that they have read and accepted these Terms and Conditions for the purchase.
1.4. It is possible to agree on provisions different from the Terms and Conditions in the purchase contract. The differing provisions in the purchase contract take precedence over the provisions in the Terms and Conditions.
1.5. The Seller can amend the texts of the Terms and Conditions.
The rights and obligations incurred during the efficacy of the previous version of the Terms and Conditions are not affected by this provision.
2. SUBJECT AND CONCLUSION OF THE CONTRACT
2.1. The subject of the Contract is the Seller's obligation to supply the Buyer with the e-tickets for the selected Event and in the amount requested by the Buyer, limited by the availability of e-tickets allocated for sale by the Seller and the Buyer's obligation to pay the e-tickets fee.
2.2. E-shop contains information about the e-tickets and their prices.
The prices are valid as long as they are displayed in the Seller's e-shop.
The Buyer agrees with the use of so-called distant communication means when entering into the Contract. The costs incurred to the Buyer from the use of the distant communication means in connection with the Contract conclusion (cost of the internet connection, the phone calls expenses, etc.) are paid by the Buyer (the Seller does not charge any fees for the use of distant communication means).
2.3. A contractual relationship between the Seller and the Buyer arises upon receiving the Purchase order sent by email to the Buyer's electronic address which will be sent together with the e-ticket, and by paying the price for the e-tickets in full by the Buyer.
The Purchase order acceptance is saved in the Seller's system in the same way as if the Buyer purchased the tickets in person at the Seller’s cash register.
2.4. The Buyer is allowed to check and change the details entered into the Purchase order prior to completing the Purchase order, also with respect to the Buyer's ability to find out and correct mistakes made when entering the data into the Purchase order. The Buyer sends the Purchase order to the Seller upon clicking the button “CONFIRM ORDER”. The details stated in the Purchase order are considered by the Seller to be correct.
2.5. The Seller is always entitled to ask the Buyer for an additional Purchase order confirmation (for example in writing or by phone) depending on the type of the Purchase order.
2.6. The Seller undertakes to deliver the e-ticket to the Buyer's electronic address without any delay after the payment for e-tickets is successfully received. The Buyer is not entitled to receive the e-ticket before the full price of the e-ticket has been paid, i.e., from the Contract conclusion.
2.7. In case that the Event is not organized by the Seller, but rather by a Partner organization and the Seller is only in the position of the e-tickets sales broker, the Seller is responsible solely for the e-ticket accuracy and authenticity.
3. THE PRICE OF GOODS AND PAYMENT TERMS
3.1. The Buyer can pay the Seller the purchase price of the e-tickets and possible costs connected with the e-ticket delivery in accordance with the Contract by the payment card via the GP webpay payment gateway.
3.2. The Seller does not provide any further discounts from the e-ticket purchase price.
3.3. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller will issue a simplified tax receipt to the Buyer concerning the payments pursued on the basis of the Contract.
The Seller is a value-added taxpayer, but the Seller's sale of e-tickets is exempted from VAT according to § 61 of the Act no. 235/2004 Coll.
After the payment of the e-ticket price, the Seller shall issue a simplified tax receipt to the Buyer and will send it in an electronic form to the Buyer's electronic address together with the e-tickets. Once the buyer receives the email, they can reply to the sender and ask for a full tax receipt, i.e., a receipt with all the necessary tax receipt requirements.
3.4. The acceptance of payment cards is provided by Global Payments s.r.o., conducting business in the Czech Republic with the registered office at V Olšinách 626/80, Strašnice, 100 00 Praha 10, Czech Republic, Company ID: 04235452, registered in the Commercial register maintained by the Municipal Court in Prague, section C, file 244453. The payment institution Global Payments s.r.o. is filed in the list of providers kept by the Czech National Bank, and is authorized to provide payment services within the meaning of the Act no. 370/2017 Coll., on payments, as amended. The Czech National Bank is supervising the Global Payments s.r.o. within the scope of providing the payment services. The services are provided on the basis of the “General Terms and Conditions of Global Payments s.r.o.” https://www.globalpayments.cz/cs-cz/kontakty .
4.1. E-ticket is valid for one entry per Event. The e-ticket is valid for 365 days commencing on the day when the e-ticket was paid.
E-ticket is a valuable document protected by a unique bar code. Counterfeiting, copying, and modification of e-tickets are punishable by law.
4.2. The e-ticket is checked at the Event by the Seller's employee.
The e-ticket is checked by a scanner directly from a mobile device or in a printed form.
4.3. The Seller is not responsible for an unplanned closure of the Event.
5. WITHDRAWAL FROM THE CONTRACT
5.1. In accordance with the provision of § 1837 letter j) of the Act no. 89/2012 Coll., the Civil code, as amended, the Buyer has no right to withdraw from the Contract entered into between the Buyer and the Seller according to the provisions of § 1829 of the Civil code (withdrawal from the contract within 14 days without stating reasons), considering that it involves a contract for the use of one's leisure time, and that the entrepreneur, in this case, the Seller, provides the performance, in this case, the Event, on the specified term.
6. THE RIGHTS FROM A DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contractual parties regarding the rights from a defective performance are governed by the generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil code and by the Act no. 634/1992 Coll., on consumer protection, as amended).
6.2. The Seller cannot be held responsible if the e-ticket cannot be delivered to the Buyer due to reasons on the side of the Buyer, particularly from the reasons when the e-ticket cannot be delivered to the Buyer's electronic address (e.g., a full mailbox, spam filter, etc.).
6.3. The Buyer is not entitled to a replacement of the e-ticket. The e-ticket will not be replaced by a new one, and the Buyer will not receive reimbursement, nor the e-ticket price will be repaid in the event of damage, destruction, loss, theft or any other loss of value of the e-ticket.
6.4. In case that the Buyer did not receive the e-ticket within 1 hour (= delivery time) after paying the fee, the Buyer is obliged to contact the Seller immediately and no later than within 24 hours from the e-ticket delivery time and announce that they did not receive the paid e-ticket.
For this purpose, the Buyer is obliged to disclose to the Seller during the e-ticket purchase the Buyer's name, surname, and electronic address, and other identifying details. In case the Seller finds out that the Buyer really did not receive the e-ticket and it does not concern the case stated in the previous article 6.2. of these Terms and Conditions, and at the same time the Buyer has informed the Seller that the e-ticket was not delivered to them within the above-stated term and by the above-stated way, the procedure shall be as follows:
- The Seller undertakes to send the e-ticket to the Buyer's electronic address again within 24 hours and no later than 1 hour before the start of the Event.
- In case that the Event has already taken place, the Seller undertakes to refund the paid fee to the Buyer no later than 30 days from the date of the Buyer's claim.
6.5. The Buyer is obliged to duly and timely find the information about the time and date availability of the purchased Event either on the Seller's website or the Partner organization's website:
6.6. If the Seller or the Partner organization completely cancels the Event, the Buyer is entitled to a refund of the paid fee. The fee will be refunded only if the Event was canceled and if the Buyer has duly inquired about the availability of the purchased Event, see article 6.5. of these Terms and Conditions. The entrance fee will be refunded via the payment card that was used to pay the entrance fee.
7. VISITOR REGULATIONS
7.1. The Visitor regulations are part of the Terms and Conditions. The Buyer, or any other person entering the Seller's or the Partner organization's premises (hereinafter referred to as the “Visitor” for the purposes of this article) is obliged to respect and observe the Visitor regulations in all premises which the Visitor is entitled to enter based on the purchased e-ticket or for any another reason. The Visitor regulations are available on the Seller's and the Partner organization's websites.
8. PERSONAL DATA PROTECTION
8.1. The Seller performs his obligation to inform the Buyer about processing of the Buyer’s personal data for the purpose of the Contract performance, for the purpose of the Contract negotiations and for the purpose of the Seller's public duties by a separate document within the meaning of article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ES (General Data Protection Regulation, hereinafter referred to as “GDPR”).
9. SENDING COMMERCIAL COMMUNICATIONS
9.1. The Buyer agrees to receive commercial communications from the Seller to the Buyer's electronic address or the phone number within the meaning of provisions of § 7 article 2 of the Act no. 480/2004 Coll., on Certain Information Society Services and on amendments to certain acts (Act on Certain Information Society Services), as amended. The Seller performs their obligation to inform the Buyer about the Buyer's personal data processing for the purpose of sending the commercial communications by means of a separate document within the meaning of article 13 of the GDPR regulation.
10.1. The delivery can be performed to the Buyer's electronic address.
11. FINAL PROVISIONS
11.1. In case that a provision from the Terms and Conditions for the purchase turns out to be invalid or ineffective, other provisions of the Terms and Conditions for the purchase and their validity and efficiency stay unaffected. The valid and efficient provisions of these Terms and Conditions are separable from the provisions that are invalid or ineffective.
11.2. The Seller is entitled to change these Terms and Conditions for purchase at any time.
11.3. All provisions of these Terms and Conditions for purchase and the contractual relationship between the Seller, the Buyer, and the Partner Organizations are governed by the Czech law.
11.4. All disputes arising during the e-ticket purchase through the Seller shall be settled in the ordinary courts of the Czech Republic unless they are settled out of court.