Terms

TERMS AND CONDITIONS OF THE ONLINE TICKETING SYSTEM


§ 1

General Provisions

 

    1. These Regulations set forth the terms and conditions for the use of the electronic ticket sales system located at the electronic address www.b90.pl.

    2. The legal basis for these Regulations are, in particular:

  •     The Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2016, item 147, as amended),
  •     The Act of May 30, 2014 on consumer rights (Journal of Laws of 2016, item 615, as amended),
  •     Act of August 29, 1997 on personal data protection (Journal of Laws of 2016, item 922, as amended).

    3. Terms used in these Regulations shall be given the following definitions:

  •     Service - the online ticketing system located at the electronic address www.b90.pl through which the Vendor sells Tickets to Events without simultaneous presence of the parties using the telecommunication network;
  •     Vendor - Sopocka Odessa Ewa Hronowska with its registered office in Sopot (81-759) at 54 Bohaterów Monte Cassino Street, having NIP No.: 585-133-63-52, REGON No.: 810475070, registered in the Central Register and Information on Business Activity conducted by the Minister of Economy, being the owner of the Website.
  •     Customer - a natural person of full legal age with legal capacity (including a Consumer), legal entity or organizational unit with legal capacity, who purchases Tickets through the Site;
  •     Consumer - a natural person of full legal age who purchases Tickets through the Website for a purpose not directly related to his/her business or professional activity;
  •     Ticket - a document in electronic or paper form, which entitles a person to enter an Event at the date and place specified by the Seller;
  •     Event - an event organized by the Seller (in particular, concerts, recitals) to which admission is allowed to persons holding a valid Ticket; admission to the Event is allowed only to persons 18 years of age or older;
  •     Order - the procedure leading to the conclusion of the Ticket sales contract, preceded by the selection of the type of Ticket, form of payment and collection;
  •     Contract - the contract of sale of a Ticket, which is concluded between the Vendor and the Customer;
  •     Data - Customer's data, including data of a personal nature processed for the purpose of carrying out the Order;
  •     Price - unit price of Ticket included in Ticket's description, expressed in Polish zloty and including value added tax; Price does not include Delivery Costs;
  •     Delivery Costs - costs of delivering the Ticket, which are covered by the Customer;
  •     Payment - payment of the amount due for the Order placed, including the Price and Delivery Costs, in the manner selected by the Customer when making the Order;
  •     Union Covid Certificate - a document awarded to individuals who have taken the required doses of the COVID-19 vaccine, available for download by logging into the Internet Patient Account (https://pacjent.gov.pl/) or in the mCitizen application. The provisions of the Regulations regarding the EU Covid Certificate also apply to the national vaccination certificate available in the mCitizen application.

    4. The use of the Service shall be carried out using a data communications system that ensures the processing and storage as well as sending and receiving of data via telecommunications networks, in accordance with the Act of 18 July 2002 on the provision of electronic services.

    5. In order to properly provide the Services, the Customer should:

  •     have a computer or other device with installed software that allows web browsing (e.g. Safari 6, Internet Explorer 10, Firefox 3, Opera 10, Chrome 4 or later) and access to the Internet,
  •     enable cookies,
  •     enable JavaScript, frames and CSS styles,
  •     have an operating system (e.g. iOS, Microsoft Windows XP, 7, Vista or newer).

   6. Before placing an Order, the Customer is obliged to read and accept the content of these Terms and Conditions.

    7.The content of the Website is the property of the Seller and is legally protected.

 

§ 2

Tickets and placing Orders

 

    1. The Seller allows the Customer to place Orders 24 hours a day.

    2. Tickets are chargeable and involve an obligation of payment on the part of the Customer.

    3. Before placing an Order, the Customer selects the type of Event, type of Ticket, number of Tickets, method of delivery, method of Payment.

    4. Tickets are available in two pools: General and Health Pass Tickets. Tickets from the Health Pass Ticket pool are for people who will have a Union Covid Certificate on the day of entry to the Event.

    5. The purchase of a Health Pass Ticket from the Health Pass Ticket pool does not require the presentation of a Union Covid Certificate. At the time of Health Pass Ticket purchase, each participant must certify that he/she has a Union Covid Certificate and present it before entering the Event area.   

    6. The vendor shall have the right to verify the Unified Covid Certificate at the entrance to the Event area with persons holding Health Pass Ticket Concert Tickets. Lack of a valid Unified Covid Certificate may result in denial of entry due to the limit of seats for unvaccinated persons, in accordance with the applicable laws. 

    7. Verification of possession of a Unified Covid Certificate will be made by presenting a QR code in the mCitizen app or a printout downloaded from the Patient's Internet Account along with proof of identity. 

    8. Tickets from the General pool do not require a Union Covid Certificate.

    9. In the case of Registered Tickets, the data indicated on the Ticket must match the data from the Unified Covid Certificate and the Client's proof of identity.

    10. The price for the Tickets selected by the Customer is shown when placing the Order.

    11. in order to execute the Order, the Customer is obliged to provide Data enabling contact with the Customer, such as, in particular:

  •     name and surname,
  •     telephone number,
  •     e-mail address.

    12. If the Customer chooses the option of paper Ticket delivery, the Customer is additionally obliged to provide the address to which the shipment is to be delivered.

    13. Providing the above Data is voluntary, but necessary for the execution of the Order.

    14. the Customer confirms the desire to place an Order for a Ticket by clicking the "Order and pay" icon. The moment the "Order and pay" button is clicked, the Ticket Sales Contract between the Vendor and the Customer is concluded.

    15. After placing an Order, an email is sent to the Customer's email address confirming the fact of placing an Order and containing these Terms and Conditions.

    16. The Customer receives the ordered Ticket after making the Payment.

    17. Failure to pay the amount due for the Order placed by the Customer within 24 hours of receiving the e-mail confirmation shall result in its cancellation.

    18. Depending on the Customer's choice, the Ticket purchased by the Customer may be in one of the following forms:

  •     Paper document, printed by the Seller and delivered to the Customer by mail,
  •     Electronic document - a PDF file sent to the Customer at the e-mail address provided by the Customer, which the Customer may print himself;
  •     Document in electronic version in the form of a barcode sent to the Customer on his mobile device.

    19. The Seller is not the organizer of the events for which it sells Tickets. Accordingly, the Seller informs that for reasons beyond the Seller's control, events for which the Customer may purchase Tickets may be canceled or rescheduled.

    20. The Seller will notify about the need to cancel or reschedule the date of the Event, while indicating the date, on the website of the Service and on the club's social media channels. 

 

§ 3

Payment and delivery

 

    1. Payment shall be made prior to the execution of the Order or upon receipt of the Order.

    2. the Seller accepts the following methods of Payment:

  •     payment in cash upon receipt of the Ticket,
  •     electronic transfer using electronic payment service,
  •     payment by card using electronic payment service.

    3. If the Customer selects Payment in the mode referred to in § 3.2.2-3 above, the Customer is automatically redirected to the electronic payment service.

    4. The day on which the Payment is made is the day on which the amount due is credited to the Seller's bank account.

    5. Delivery costs vary depending on the parameters of the Ticket selected by the Customer (paper form, type of supplier).

    6. At the request of the Customer, the Seller shall issue a VAT invoice.

    7. the Ticket is delivered to the email or mailing address provided when placing the Order.

    8. Delivery of Tickets in paper form is carried out through courier companies or the Polish Post Office on the territory of the Republic of Poland and abroad, to countries specified by the Seller.

    9. During collection, the Customer is obliged to check whether the delivered shipment does not have any mechanical damage caused during transport and to check whether it is in accordance with the description of the Order. The Customer confirms the absence of objections to the condition of the consignment with his signature to the courier or employee of the Polish Post.

    10. In the event of damage, incompleteness of the shipment or other defects, the Customer is entitled to file a complaint in accordance with the procedure specified in § 4 of these Regulations.

 

§ 4

Complaint procedure

 

    1. In the event that the Customer finds that the Agreement has not been performed in accordance with these Terms and Conditions or the provisions of law, as well as in the event that the Seller remains in default, the Customer is entitled to submit a complaint to the address of the Seller in writing to the address: Sopocka Odessa Ewa Hronowska, 54 Bohaterów Monte Cassino Street, 81-759 Sopot, by email: tickets@b90.pl or by phone: 453 617 091.

    2. The condition for consideration of a complaint is that the Customer provides personal data that will enable proper consideration of the complaint, as well as clearly and transparently stating the reason for filing a complaint and the scope of actions, the performance of which the Customer demands from the Seller.

    3. Complaints are considered by the Seller within 14 days of receipt.

    4. In the event of incompleteness or ambiguity preventing consideration of the complaint, the Seller will ask the Customer to supplement it.

    5. Failure by the Seller to respond within 14 days of its submission is equivalent to its acceptance.

    6. The result of the complaint procedure shall be notified to the Customer at the e-mail address provided.

    7. If the Seller accepts the complaint regarding the performance of the Contract, the Seller will perform actions to rectify the condition giving rise to the complaint. If the complaint is rejected in whole or in part, the Customer will receive a written justification.

 

§ 5

Liability and return of Tickets

 

    1. The Seller shall not be liable for damages incurred by the Customer caused by the use by the Customer of an unsecured and unprotected device through which he connects to the Internet, as well as the quality of services of telecommunications operators through which the Customer connects to the Internet in order to use the Service.t.

    2. The Seller is not responsible for the course and effectiveness of transactions made through the electronic payment service.

    3. the Seller informs that due to the necessity of conducting maintenance and technical works, necessary for the maintenance of the Service, there may be a temporary and short-term restriction of access to the Service. The Seller undertakes to carry out maintenance work in such a way that it is the least disruptive to Customers.

    4. The Seller is not the organizer of the events for which it sells Tickets. Therefore, the Seller is not responsible for the course of events, their organization, in particular, the postponement of events and their cancellation.

    5. Purchased Tickets are non-refundable, except for cancellation of the event. For the avoidance of doubt, the cancellation of a performer's performance at an event where the performer is not the sole performer or the main performer of the evening does not constitute grounds for a refund of the Ticket, but gives the Consumer the opportunity to claim a refund of a portion of the amount paid for the Ticket, in proportion to the Ticket Price and the number and nature of the performers (e.g., support/star of the evening).

    6. The Seller reserves the right to provide discounts and conduct temporary promotions on the Website, which may have the effect of lowering the Ticket Price for selected events. The discounts and promotions are valid at the time of placing the Order and cannot be the basis for Customer's claims against the Seller, in particular, the Customer cannot claim from the Seller a refund of the difference between the actual Price paid by the Customer and the new Price at which the Seller sells Tickets on promotional terms, if the promotion was not valid at the time of placing the Order by the Customer.

 

§ 6

Personal Data

 

    1. The administrator of the Customers' personal data is Ewa Hronowska conducting business under the name "Sopocka Odessa Ewa Hronowska" with its registered seat in Sopot (81-759) at 54 Bohaterów Monte Cassino Street, who processes the Customers' data for the purpose of carrying out the Order or - in the case of a complaint by the Customer - for the purpose of considering the complaint.

    2. Depending on the consent given by the Customer, his/her personal data, in particular e-mail address and telephone number may be processed for marketing purposes, which is understood to include sending commercial information electronically.

    3. Providing personal data of the Customer is voluntary, but necessary for the execution of the Order.

    4. The Customer shall have the right to inspect the contents of his data and correct them.

 

§ 7

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 shall apply.

    2. A consumer who has concluded a contract at a distance or off-premises, may withdraw from the contract within 14 days without giving any reason or incurring costs. In the event of withdrawal from the contract, it shall be considered not concluded.

    3. Konsument przyjmuje do wiadomości, iż zgodnie z art. 38 ust. 1 pkt 12 ustawy o prawach konsumenta prawo odstąpienia od umowy, o którym mowa w § 7 ust. 2 nie przysługuje w przypadku usług związanych z wydarzeniami rozrywkowymi, sportowymi lub kulturalnymi, jeśli w umowie oznaczono dzień lub okres świadczenia usługi i tym samym nie jest możliwe odstąpienie od umowy sprzedaży Biletu.

 

§ 8

Final provisions

 

    1. These Terms and Conditions are available at the electronic address www.b90.pl in an electronic version that allows its acquisition, reproduction and recording by means of a teleinformatic system used by the Customer.

    2. The Seller reserves the right to amend these Regulations in case the necessity to introduce changes results directly from a change in the law or in order to improve the quality of services provided. The amendment to the Terms and Conditions shall become effective on the date of publication. For the avoidance of doubt, amendments to the Regulations shall not affect Orders placed before the effective date of the amendments.

    3. If any provision of these Regulations would be considered invalid, illegal or unenforceable it shall be excluded from the provisions of these Regulations, which shall continue to be in force to the fullest extent permitted by law.

    4. Any disputes arising from the implementation of the provisions of these Terms and Conditions shall be resolved by a common court of competent jurisdiction according to the provisions of the Act of November 17, 1964 Code of Civil Procedure (Journal of Laws of 1964, No. 43, item 296, as amended).

    5. The Seller informs that the Consumer has the right to use out-of-court methods of handling complaints and pursuing claims, in particular the Consumer may apply to the conciliatory consumer court operating at the Trade Inspection, the provincial inspector of the Trade Inspection, with a request to initiate proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

    6. The Consumer may also turn to the district (city) consumer ombudsman or an organization whose statutory task is to protect Consumers (such as the Consumer Federation).

    7. The Consumer may also submit his complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

    8. In matters not covered by these Terms and Conditions, the provisions of Polish law, in particular the Civil Code, shall apply.
 

Sponsorzy