ONLINE TICKET SALES SYSTEM REGULATIONS

§ 1. General Provisions

    1. These Regulations define the conditions for using the electronic ticket sales system located at the web address www.b90.pl, with the reservation that the regulations of Event Organizers not organized by the Seller may impose additional obligations on Customers not listed in these Regulations and grant them additional rights different from those regulated in these Regulations. The Customer is obliged to familiarize themselves with the Organizer's regulations each time.
    2. The Service allows Customers to purchase Tickets for Events in two variants:
    3. For Events organized by the Seller at the location and time specified by the Seller or as part of cooperation with other entities, with the Seller remaining the Organizer and being responsible for the organization of the Event.
    4. For Events organized by external Organizers under an agreement concluded by the Seller, in which the Seller is responsible solely for the distribution of a ticket pool specified by the Organizer, their delivery, and is not responsible for issues related to the organized event, including its occurrence, progress, and the admission of the Customer to the Event.
    5. In cases where the Event is organized as specified in §1 paragraph 2 point b, the Organizer's data are always available on the Seller's website in an appropriate section that enables the purchase of a Ticket for the Event.
    6. These Regulations define the conditions for using the electronic ticket sales system located at the web address www.b90.pl.
    7. The legal basis for these Regulations includes, in particular:
    • The Act of July 18, 2002, on the provision of electronic services (ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (t.j. Dz. U. z 2020 r. poz. 344)),
    • The Act of May 30, 2014, on consumer rights (ustawa z dnia 30 maja 2014 r. o prawach konsumenta (t.j. Dz. U. z 2020 r. poz. 287 z późn. zm.)),
    • Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Rozporządzenie Parlamentu Europejskiego i Rady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie swobodnego przepływu takich danych oraz uchylenia dyrektywy 95/46/WE (ogólne rozporządzenie o ochronie danych) (Dz. U. UE. L. z 2016 r. Nr 119, str. 1 z późn. zm.).

    8. The definitions used in these Regulations have the following meanings:
    • Service - an online ticket sales system located at the web address www.b90.pl, through which the Seller sells Tickets for Events without the simultaneous presence of parties, using a telecommunications network.
    • Seller/Service Provider - Sopocka Odessa Ewa Hronowska, with its registered office in Sopot (81-759), at ul. Bohaterów Monte Cassino 54, NIP: 585-133-63-52, REGON: 810475070, entered into the Central Register and Information on Economic Activity conducted by the Minister of Economy, being the owner of the Service.
    • Organizer - Seller (in the case of organizing Events referred to in §1 paragraph 2 point a) or an external entity unrelated to the Seller (in the case of organizing Events referred to in §1 paragraph 2 point b), which is responsible to the Customer for the preparation, conduct, and proper organization of the Event.
    • Customer - an adult natural person with legal capacity (including a consumer and a consumer entrepreneur), a legal entity, or an organizational unit with legal capacity that makes ticket purchases through the Service.
    • User - a natural person using the services of the Service.
    • Consumer - an adult natural person making a ticket purchase in the Service for purposes not directly related to their business or professional activity.
    • Consumer Entrepreneur on Consumer Rights - a natural person entering into a contract directly related to their business activity, when the content of this contract does not have a professional nature for that person, particularly arising from the subject of the business activity conducted by this person, made available on the basis of the regulations on the Central Register and Information on Economic Activity.
    • Ticket - an electronic document entitling the holder to enter the Event at the time and place specified by the Organizer.
    • Event - an event organized by the Organizer (including concerts, recitals) for which persons with valid Tickets may be admitted.
    • Order - a procedure leading to the conclusion of a ticket sales agreement, preceded by selecting the type of Ticket and payment method.
    • Agreement - a ticket sales agreement concluded between the Seller and the Customer.
    • Data - Customer data, including personal data processed for the purpose of order fulfillment.
    • Price - the unit price of the Ticket stated in the Ticket description, expressed in Polish zlotys and including the value-added tax (VAT).
    • Payment - payment of the fee for the placed order, including the Price, in the manner selected by the Customer when placing an Order.

§ 2. Rules of Using the Service

    1. Using the Service is carried out using a teleinformatics system that ensures the processing and storage, as well as the sending and receiving of data through telecommunications networks, in accordance with the Act of July 18, 2002, on the provision of electronic services (ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną).
    2. Using services provided electronically involves the risk of infecting the information system with unwanted software, including software aimed at causing damage.
    3. The User is particularly obligated to:
    • Not provide or transmit content prohibited by law, such as content promoting violence, defaming, or infringing on personal rights and other rights of third parties,
    • Not use teleinformatics tools that enable automated ticket purchases without customer intervention (so-called bots),
    • Use the Service in a manner that does not disrupt its operation, in particular through the use of specific software or devices, and not undertake actions such as sending or placing unsolicited commercial information (spam) within the Service,
    • Use the Service in a way that is not burdensome for other Users and the Service Provider,
    • Use the Service in accordance with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, and the general rules of using the network.
    4. The Service Provider informs that due to the need to carry out maintenance and technical work necessary to maintain the Service, there may be temporary and short-term restrictions on access to the Service. The Seller undertakes to carry out maintenance work in a way that is as least burdensome as possible for Customers.
    5. Descriptions, photos, trademarks located on the Service may be protected by copyright of their owners. Copying and distributing them, using them for commercial purposes, or placing them on other websites without the express, prior, and written consent of the Service Provider is prohibited.
    6. The User can contact the Service Provider via email at: kontakt@b90.pl.
    7. To properly receive the Services, the User should:
    • Have a computer or other device with software that allows browsing websites (e.g., Safari 6, Internet Explorer 10, Firefox 3, Opera 10, Chrome 4 or newer) and access to the internet,
    • Enable the handling of cookies,
    • Enable JavaScript, frames, and CSS language support,
    • Have an operating system (e.g., iOS, Microsoft Windows XP, 7, Vista, or newer).
    8. By placing an Order, the Customer is obligated to familiarize themselves with the contents of these Regulations and accept them.
    9. The content of the Service page is the property of the Seller and is legally protected.
    10. The Service Provider is not responsible for any damage incurred by the User due to the use of an unprotected and non-antivirus-protected device through which they connect to the internet, as well as the quality of services provided by telecommunications operators through which the User connects to the internet to use the Service.

§ 3. Tickets and Placing Orders

    1. Tickets for Events can also be sold outside of the Service through other online and brick-and-mortar points of sale operated by Organizers and partner entities.
    2. The Seller allows the Customer to place Orders 24 hours a day.
    3. Tickets are subject to a fee and entail an obligation for the Customer to make a payment.
    4. Before placing an Order, the Customer selects the type of Event, type of Ticket, quantity of Tickets, and payment method.
    5. The price for the Tickets selected by the Customer is visible during the Order placement.
    6. To fulfill an Order, the Customer is required to provide contact information, including, but not limited to:
        a. First name and last name,
        b. Phone number,
        c. Email address.
    7. In the event of providing incorrect data that prevents customer identification, the Order may be canceled.
    8. Providing the above-mentioned data is voluntary but necessary to fulfill the Order.
    9. The Customer confirms the intent to place an Order for a Ticket by clicking the "Order and Pay" icon, thereby expressing the will to enter into an agreement and make a reservation for a Ticket. Pressing the "Order and Pay" button signifies the placement of an Order with an obligation to make a payment.
    10. After placing an Order, the Customer receives an email message confirming the Order placement and containing these Regulations. Upon receiving the email message confirming the Order placement, an agreement for the sale of a Ticket is formed between the Seller and the Customer.
    11. After confirming the Order placement and making the payment, the Customer receives the ordered Ticket in electronic form in PDF format to the email address provided in the order form, which the Customer can print themselves.
    12. Failure to pay the fee for the placed Order within 24 hours of receiving the email confirmation results in its cancellation.
    13. Upon entry to the Event, the Customer is obliged to present the Ticket either in paper form (printed ticket) or electronically on a mobile device.
    14. The Ticket received by the Customer is a document entitling the Customer to participate in the Event for which it was issued.
    15. The Customer is responsible for the safekeeping of the received Ticket, including any risk of damage, loss, or theft by third parties.
    16. Copying, scanning, or reproducing Tickets for the Event in any way is prohibited. Customers who engage in such activities should be aware of the possibility of invalidating the purchased Ticket.
    17. One Ticket entitles one person to entry to the Event and, depending on the type of Event and the rules defined by the Organizer, it may be personalized or transferable.
    18. In the case of Events where the Organizer is the Seller, the Tickets sold are transferable. For Events organized by an external Organizer, the type of Ticket is determined by the external Organizer, and the rules for changing the data of the person designated on a personalized Ticket are determined by the Organizer's regulations.
    19. The Seller reserves the right to inform that in the case of purchasing Tickets that are transferable, the personal data of the Customer who purchased the Ticket is stored in the system, and refunds are processed to this individual in the event of rescheduling or cancelation of the Event.

§ 4. Payments

    1. The prices of Tickets displayed on the website are presented in Polish Złoty (PLN) and include Value Added Tax (VAT).
    2. Payment is made prior to the Order fulfillment.
    3. The Seller accepts the following methods of payment:
        a. Electronic transfer using electronic payment services,
        b. Card payment using electronic payment services.

    4. The Customer is automatically redirected to electronic payment services.
    5. Before making a payment, the Customer is obligated to ensure that they have been correctly redirected to electronic payment services.
    6. PayPro S.A., located in Poznań, Pastelowa 8 (60-198), is responsible for the security of transactions conducted through electronic payment services. It is registered in the National Court Register under the number KRS 0000347935, has the Tax Identification Number NIP 7792369887, a share capital of 5,476,300.00 PLN, fully paid-up, and is registered in the register of national payment institutions maintained by the Polish Financial Supervision Authority under the number UKNF IP24/2014.
    7. The Seller is not responsible for the progress and effectiveness of transactions conducted through electronic payment services.
    8. The day of payment is the day when the payment is credited to the Seller's bank account.
    9. Upon the Customer's request, the Seller issues a VAT invoice. The Buyer who wants to receive a VAT invoice should declare this fact no later than at the time of placing the order, by checking the appropriate field in the order form.

§ 5. Complaint Procedure

    1. If the Customer finds that the Sales Agreement has not been executed in accordance with these Regulations or applicable law, or if the Seller is in default, the Customer has the right to file a complaint at the Seller's address in writing to: Sopocka Odessa Ewa Hronowska, ul. Bohaterów Monte Cassino 54, 81-759 Sopot, or by email: tickets@b90.pl.
    2.  A condition for the complaint to be considered is the Customer providing personal data that enables proper complaint handling. The Customer must also clearly and transparently state the reasons for the complaint and the scope of actions the Customer expects from the Seller.
    3. Complaints are processed by the Seller within 14 days from the date of their receipt.
    4. In case of incompleteness or ambiguity preventing the complaint from being processed, the Seller will contact the Customer to request further details.
    5. Failure by the Seller to respond within 14 days from the complaint submission is equivalent to its acceptance.
    6. The Customer is informed of the outcome of the complaint procedure via the provided email address.
    7. If the Seller accepts a complaint regarding the execution of the Agreement, the Seller will take actions to rectify the basis of the complaint. In the case of rejection of the complaint in whole or in part, the Customer will receive a written explanation.

§ 6. Liability and Ticket Refunds

    1. The Seller is responsible for organizing and conducting the Event only when it is also the Organizer of the Event. In the event of the Event being canceled, for which the Seller is the Organizer, the Seller will refund the payment made by the Customer within 14 days from the date of informing the Customer of the event's cancellation. The refund is made using the Customer's provided details and the same payment method chosen by the Customer. For the avoidance of doubt, the withdrawal of a performer at an Event where the Seller is not the sole performer or the main performer of the evening does not constitute grounds for a Ticket refund but may entitle the Customer to seek a refund of a portion of the ticket price, proportional to the Ticket Price and the nature of the performers (e.g., support/main artist).
    2. In the event of a change in the Event date, for which the Seller is the Organizer, the Customer may:
    a) Keep the Ticket for the Event taking place on the new date.
    b) Renounce attendance at the Event and request a refund, which is processed according to the rules outlined in this section.

    3. The Seller reserves the right to offer discounts and run temporary promotions on the Service's website, which may impact the Ticket prices for selected events. Discounts and promotions are applicable during Order placement and may not serve as the basis for Customer claims against the Seller. Specifically, the Customer cannot request a refund for the difference between the actual price paid by the Customer and the new price at which the Seller sells the Tickets with promotional conditions, if the promotion was not in effect at the time the Customer placed the Order.
    4. In cases where an external Organizer is the Event's Organizer, the Seller is not responsible for the conduct of the events, their organization, especially date changes, cancellations, or denial of entry to the Event. All claims arising from the organization of the Event should be directed to the Organizer, whose contact details are provided on the Events tab.

§ 7. Personal Data

    1. The Administrator of the Customer's personal data is Ewa Hronowska conducting business under the name "Sopocka Odessa Ewa Hronowska," with the registered office in Sopot (81-759) at ul. Bohaterów Monte Cassino 54, who processes Customer data for Order fulfillment or, in the case of a Customer complaint, for complaint resolution.
    2. Depending on the consent given by the Customer, their personal data, in particular, email addresses and phone numbers, may be processed for marketing purposes, including sending commercial information electronically.
    3. Providing the Customer's personal data is voluntary but necessary for Order fulfillment.
    4. The Customer has the right to access their data content and make corrections.
    5. Detailed information about the processing of Customer's personal data can be found in the Privacy Policy available on the Service.

§ 8. Right of Withdrawal

    1. In the case of a Customer who is a Consumer, the provisions of the Act of May 30, 2014, on Consumer Rights apply (ustawa z dnia 30 maja 2014 r. o prawach konsumenta).
    2. A Consumer who has concluded a distance or off-premises agreement may withdraw from it without giving any reason within 14 days, unless the agreement concerns a service, as referred to in paragraph 3. In the event of withdrawal from the agreement, it is considered null and void.
    3. The Consumer or a Customer who is a Consumer within the meaning of Consumer Rights is entitled to use the withdrawal form template specified as Attachment No. 2 to the Act of May 30, 2014, on Consumer Rights (ustawa z dnia 30 maja 2014 r. o prawach konsumenta (t.j. Dz. U. z 2020 r. poz. 287 z późn. zm.).
    4. The Consumer acknowledges that, in accordance with Article 38(1)(12) of the Consumer Rights Act (ustawa z dnia 30 maja 2014 r. o prawach konsumenta (t.j. Dz. U. z 2020 r. poz. 287 z późn. zm.), the right of withdrawal from an agreement, as referred to in § 7(2), does not apply to services related to entertainment, sports, or cultural events if the agreement specifies the day or period of service provision, making it impossible to withdraw from the Ticket sale agreement.

§ 9. Final Provisions

    1. This Regulation is available electronically at www.b90.pl in an electronic version that allows it to be obtained, played back, and stored using a teleinformatics system used by the Customer.
    2. The Seller reserves the right to change this Regulation if the need to make changes directly results from changes in the law or to improve the quality of services provided. The Regulation change comes into force within 7 days from the date of publishing the new Regulation. For the avoidance of doubt, changes to the Regulation do not affect Orders placed before the effective date of the changes.
    3. If any of the provisions of this Regulation are considered invalid, contrary to the law, or unenforceable, it will be excluded from the provisions of this Regulation, which will continue to apply to the broadest extent permitted by law.
    4. Any disputes arising from the implementation of the provisions of this Regulation are subject to the jurisdiction of a common court in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (ustawa z dnia 17 listopada 1964 r. Kodeks postępowania cywilnego (t.j. Dz. U. z 2023 r. poz. 1550 z późn. zm.).
    5. The Seller informs that the Consumer has the right to use out-of-court methods of complaint resolution and claims enforcement, in particular, the Consumer may turn to a consumer arbitration court operating at the Trade Inspection, the provincial inspector of the Trade Inspection with a request to initiate proceedings to amicably resolve the dispute between the Consumer and the Seller.
    6. The Consumer can also contact the district (municipal) consumer ombudsman or an organization whose statutory task is to protect Consumers (e.g., Consumer Federation).
    7. The Consumer can also submit their complaint via the EU's ODR platform, available at: http://ec.europa.eu/consumers/odr/
    8. Matters not covered by this Regulation are governed by Polish law, in particular the Civil Code.

The Regulation is effective from: March 25, 2024