General Terms and Conditions of MAGIC PLANET s.r.o.
with its seat at Bílkova 869/12, Prague 1, Post Code: 110 00, Company ID: 272 13 382, registered in the Commercial Registry held by the Municipal Court in Prague, section C, file No.: 104913, for ticket sale via webpages placed on the internet addresses M1lounge.com and PragueIllusion.com
- Initial Provisions
- These general terms and conditions (hereinafter referred to as the “General Terms”) of MAGIC PLANET s.r.o., with its seat at Bílkova 869/12, Prague 1, Post Code 110 00, Company ID: 272 13 382, registered in the Commercial Registry held by the Municipal Court in Prague, section C, file No.: 104913 (hereinafter the “Seller”) govern, in accordance with Section 1751 (1) of the Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) the mutual rights and obligations of the contractual parties arising from or in connection with the purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and a physical person (hereinafter the “Buyer”) via webpages located on internet addresses com a PragueIllusion.com (hereinafter the “Webpages”).
- These General Terms and Warranty Claims’ Rules define and specify rights and obligations of the Seller and the Buyer in selling tickets for any cultural, social or other events or performances (hereinafter the “Events”) organized by the Seller via the Webpages. These General Terms are executed in Czech and English languages. In case of any discrepancies between Czech and English version of General Terms, the Czech version shall prevail. The Purchase Contract can be concluded in Czech and/or English language.
- These General Terms form an integral part of the Purchase Contract concluded between the Seller and the Buyer. By purchasing the tickets, the Buyer confirms that they accept these General Terms, that they have read into them and that they undertake to comply with them.
- In the Purchase Agreement, it is possible to agree provisions different to the General Terms. In such case, the different provisions in the Purchase Contract prevail over the General Terms.
- The Seller is entitled to change the General Terms or to amend them. The rights and obligations originated during effectiveness of the previous versions of the General Terms remain unaffected by this Clause.
- The Buyer agrees with using of distance communication’s means in conclusion of the Purchase Contract. The costs of using the distance communication’s means incurred by the Buyer in connection with the conclusion of the Purchase Contract are borne by the Buyer.
- The contact details of the Seller are as follows:
E-mail address: firstname.lastname@example.org
Phone No.: +420 227 195 235
- The Seller’s offer under the Purchase Contract is subjected to the Seller’s ability to provide the performance under Section 1732 (2) of the Civil Code.
- Subject Matter of the Purchase Contract
- The subject matter of the Purchase Contract is the Seller’s undertaking to supply the Buyer with the tickets for the Event selected by the Buyer in the number requested by the Buyer, and the undertaking of the Buyer to pay the price of the tickets to the Seller.
- The Purchase Contract is concluded in the moment when the tickets’ price is paid by the Buyer.
- The Seller undertakes to confirm the Buyer’s order by electronic mail and to supply the tickets to the Buyer without undue delay after payment of the tickets’ price. The tickets shall be delivered in electronic form to the electronic mail address stated in the order by the Buyer. The Buyer is not entitled to be delivered the tickets until the tickets’ price is credited in full to the Seller’s bank account.
- All the Seller’s obligations arising from the Purchase Contract are fulfilled by deliverance of the tickets to the Buyer. The rights of the Buyer under the Clause 6 and 7 of these General Terms remain unaffected by this Clause.
- The tickets shall not be sent by regular post, not even via its cash and delivery services.
- Rights and Obligations of the Contractual Parties regarding the Event for which the Tickets are bought
- The Seller is organizer of the Events for which the tickets are sold. The purchase of the ticket establishes legal relationship between the Buyer and the Seller in capacity of the Event’s organizer.
- By buying the ticket, the Buyer undertakes to obey the rules set by the Seller as the Event’s organizer.
- The Buyer herewith assumes the risk of changed circumstances under Section 1765 (2) of the Civil Code.
- The Seller is not liable for validity or authenticity of the tickets bought outside the Webpages.
- Buying Tickets’ Procedure and Payment Conditions
- The price including VAT for each ticket is quoted on the Webpages for each Event respectively. Possible additional payments connected with buying the ticket are also quoted for each Event.
- The Buyer may check and change all the data inserted into the order before sending it to the Seller.
- The Buyer is allowed to pay the ticket/s by card that is enabled to online payments, by wire transfer to the Seller’s bank account No. ( ) held by ( ), or via the payment system PayPal.
- In case of the payment by wire transfer, the Buyer must pay the price together with stating the variable symbol for the payment. Their obligation to pay the ticket price is fulfilled in the moment when the price is credited to the Seller’s bank account.
- Potential costs connected with buying the ticket/s arisen from the contractual relationship between the Buyer and the bank which issued the card or which holds the Buyer’s bank account, or any other costs connected with execution of the payment and incurred by the Buyer, are borne by the Buyer.
- Withdrawal from the Purchase Contract
- In accordance with Section 1837 letter j) of the Civil Code, the Buyer is not allowed to withdraw from the Purchase Contract under Section 1829 of the Civil Code within fourteen days without giving reasons, as the Purchase Contract is a contract on leisure time activities and the consideration is provided at the set date.
- Warranty Claims’ Rules
- All claims regarding the tickets bought via the Webpages are governed by these General Terms and Warranty Claims’ Rules in this Clause 6.
- The Buyer is entitled to be refunded the ticket/s’ price only in the bellow stated cases and under the bellow stated conditions.
- The Buyer is not entitled to ticket replacement. If the ticket is damaged, lost, stolen or if it is otherwise depreciated, it will not be replaced by a new one and the Buyer will not be refunded.
- The Seller shall not be liable for failed delivery of the ticket due to causes on the part of the Buyer, e.g. when the delivery to the Buyer’s e‐mail address fails due to a full mailbox, spam filter etc.
- If the Buyer has not received the ticket within 24 hours following the payment, i.e. six hours after the full ticket price is credited to the Seller’s account, the Buyer must contact the Seller immediately, within 48 hours at the latest, commencing from the end of the above‐mentioned period for the ticket delivery, and inform the Seller that the Buyer has not received the purchased ticket. For this purpose, the Buyer must provide the Seller with the name and the e‐mail address they filled in when purchasing the ticket. If the Seller finds out that the ticket really was not delivered for reasons other than those specified in Clause 6.4 of these Warranty Claims’ Rules, and the Buyer contacts the Seller in due time as specified above, the Seller shall proceed as follows:
- the Seller undertakes to re‐send the ticket to the Buyer’s e‐mail address within 24 hours (1 hour before the start of the Event at the latest),
- if the Event already took place, the Seller undertakes to refund the ticket price to the Buyer within 14 days of the day the Buyer made the claim.
- If the Seller, as the Event’s organizer, cancels the Event altogether, the Buyer will be informed about the cancellation using the contact data provided by them. The Seller shall not be liable if the Buyer cannot be reached in time or if the timely sent notice of cancellation is delivered with delay.
- If the Seller, as the organizer of the Event, cancels the Event altogether, the Seller is obliged to refund the full ticket price to the Buyer. In such case, the ticket price shall be refunded to the Buyer’s bank account from which the price was paid, or to any other bank account expressly determined by the Buyer. The full ticket price shall be refunded within 14 days of the day the Event was cancelled at the latest.
- The buyer shall employ their claims arising from/connected with the Purchase Contract by the contact details of the Seller listed in Clause 1.7 hereof.
- Personal Data Protection
- The Seller, as a personal data’s administrator, collects and stores personal data provided by the Buyer for the purpose and in the extent necessary for selling the tickets. The Seller collects and stores the personal data in electronic version in a secured data storage site, which is accessible only to limited amount of persons authorized to process the personal data which are obliged to maintain confidentiality. The personal data are processed and protected in accordance with valid legal regulations on personal data protection. The recipient of the Buyers’ personal data is also the payment services’ provider which processes the payments carried out.
- The Buyer acknowledges that by conclusion of the Purchase Contract their following personal data are processed: first and family name, electronic post address, phone Number, payment card or bank account and information on the purchase price’ payment (hereinafter the “Personal Data”).
- The Seller processes the Personal Data during the sale only for the following purposes:
- for the purpose of the payment’s receipt of the payment, for the ticket’s delivery to the Buyer, for sending potential information on the Event’s or the ticket’s changes, and in order to allow the Buyer to enter the Event;
- for the purpose of the Buyer’ s identification in the process of dealing with the claims under the Warranty Claims’ Rules set herein;
- for the purpose of fulfilment of legal duties (e.g. tax duties) mandatory for the Seller;
- for the purpose of the Seller’s products promotion, on grounds of the Seller’s rightful interest.
- The Seller shall process the personal data only for a time period absolutely necessary for the above mentioned purposes, i.e. for the time period necessary for settling all mutual rights and obligations arising from the ticket’s purchase and then for the time period of warranty and other terms related to the Purchase Contract during which the parties may make claims arising from the contract. For the purpose of selling its own products, the Seller processes the Buyer’s Personal Data for the one year period from the date of sale, unless the Buyer raises objection against it.
- The Buyer acknowledges that they are obliged (in the process of ordering from Webpages) to state their Personal Data correctly and truly and that they are obliged to inform the Seller on any changes of their Personal Data without undue delay. Providing the Personal Data is contractual requirement and without providing them the ticket may not be sold.
- The Buyer is entitled to demand from the Seller the access to the Personal Data related to them in a comprehensible form, ask for correction or deletion of the Personal Data or, as the case may be, for limitation in their processing, and they may raise objection against their processing for marketing purposes. The Buyer is also entitled to file a complaint with the Office for Personal Data Protection.
- If the Buyer asks for any other information regarding processing their Personal Data (which may be done through the contact details stated on the Seller’s Webpages), the Seller shall deliver them the requested information without undue delay, usually within one months after receiving the request.
- Final Provisions
- If any provision of these General Conditions and Warranty Claims’ Rules proves to be invalid or ineffective, or becomes to be such, it will be replaced by other provision with the most similar meaning. The invalidity or ineffectiveness of a single provision shall not affect validity or effectiveness of the remaining provisions of these General Conditions and Warranty Claims’ Rules which are separable from the invalid or ineffective provision.
- In case that a consumer dispute between the Seller and the Buyer arising from the Purchase Contract occurs, and the dispute is not resolved by mutual agreement, the consumer (the Buyer) may propose a motion on settlement of the dispute to a body designated for consumers disputes’ settlement which is:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
120 00 Praha 2
The consumer may also use a platform for disputes’ settlement online established by European commission on the address http://ec.europa.eu/consumers/odr/.
- All provisions of these General Conditions and Warranty Claims’ Rules and the contractual relationship between the Seller and the Buyer are governed by Czech law. Potential disputes arising from the Purchase Contracts shall be heart by relevant Czech courts.
In Prague on ( )