OFF Shop - rules
OFF Shop Rules and Regulations
Foundation – The Independent Foundation, located at 3/5 Alfonsa Górnika Str. 41-400 Katowice, entered into the National Court Register under KRS number 0000299949;
Store – The online store run by the Independent Foundation at www.off-festival.pl, www.offsklep.pl, or www.offshop.pl which sells, via the Internet, tickets and passes that grant access to cultural events;
Ticket – Ticket(s) and pass(es), sold via the store, that grant access to cultural events organized or co-organized by the Independent Foundation;
Working days – All the days of the week from Monday to Friday, excluding public holidays;
Customer – A person who makes purchases at the Store and has a Customer Account registered with the Store;
Customer Account – A personal database with restricted third-party access, which contains the data of the Customer, and which is used to place Customer orders and process said orders, and which contains the order status of Tickets purchased by the Customer;
Wire Transfer – Payment made by the Customer from an online bank account through the Dotpay or Paypal system;
Rules and Regulations – These rules and regulations regarding Ticket sales through the Store;
II. Placing and processing of orders
- The Store conducts Ticket sales over the internet via the store at http://www.off-festival.pl, www.offsklep.pl, and www.offshop.pl, where Customers place their orders.
- By placing the order and completing payment, the Customer enters into a service agreement with the Foundation for the provision of services associated with the cultural events, the confirmation of which is the ordered Ticket.
- When placing their order, the Customer shall select the desired event, the date of the event, the type of Tickets, and the method of payment for the Tickets. The Customer shall also read and accept the Rules and Regulations as well as the terms of purchase of the Ticket, which is a condition for the completion of the order. When making their purchase, the Customer shall provide the personal information of the person who is the intended user of the Ticket. The information pertaining to the person permitted to use the Ticket may be changed at any time.
- Customers placing their first order at the Store will be asked to open a Customer Account when placing said order. A Customer Account must be opened in order to place and process the order. To open the Customer Account, the Customer will be required to provide personal information and agree to the processing of said personal information by the Foundation according to the conditions set forth in Article VII of the Rules and Regulations, and agree to comply with the Rules and Regulations.
- After placing their order, the Customer will receive a message by e-mail confirming that the order has been successfully placed with the Store (order confirmation).
- The Customer is obligated to pay the purchase prise of the Ticket immediately after placing the order.
- The Foundation hereby states that a limited number of Tickets will be available for promotional sales. Orders for such Tickets shall be processed in the order in which the Foundation receives the confirmations of said orders, and will continue until the allotment of Tickets available under these conditions of sale is exhausted or until the final day of the promotional period established by the Foundation.
- A VAT invoice will be issued for every order upon request. To receive a VAT invoice, the Customer is required to send a request by e-mail to firstname.lastname@example.org and include the correct information for the invoice along with the order number. Invoices are sent exclusively by e-mail.
III. Cancellation of the event
- In the event that the cultural event is canceled, or its date or venue changed, the Store shall notify via e-mail Customers who have purchased Tickets, and post an appropriate notice on the Store’s website.
- In the event of the cancellation of an event, the Store is not obligated to notify individually each Customer who has purchased a Ticket that it will be unable to perform its obligations, provided that the cancellation occurs no fewer than 14 days before the date of the event. In such an event, the Store will announce the fact by posting an appropriate notice on the Store’s website.
- Partial modification of the list of artists or groups performing at a festival (i.e. a cultural event in which many artists and groups perform) will not be considered an inability to perform obligations. In such an event, Tickets will not be returnable. Ticket returns shall only be accepted under the conditions stipulated in Article XI, Section 2 of the Rules and Regulations.
- In situations described in Section 1, Ticket returns will be accepted and processed within 30 days of the Customer being notified by e-mail, or, in situations described in Section 2, within 30 days of the posting of the appropriate notice on the Store’s website, unless different terms have been specified by the organizer if the event is not organized nor co-organized by the Foundation.
IV. Termination of agreements
Pursuant to Art. 38, Sec. 12 of the Consumer Protection Act, the Customer is not entitled to terminate the agreement (“The consumer is not entitled to terminate an agreement for the provision of services associated with cultural events if the date or period of the provision of the service is stipulated by the agreement.”)
V. Prices and delivery
- Ticket prices posted in the Store include VAT.
- The price of purchase of the Ticket is binding for the Store and Customer at the moment in which the Customer places the order for the Ticket.
- The Store reserves the right to modify: Ticket prices, the types of Tickets, and promotions. The rights listed above have no effect on the fulfillment of the agreements entered into and orders placed before such changes take effect, in accordance with a notice posted in the Store.
- The rules and regulations of individual cultural events for which Tickets are sold by the Store are posted directly on the Store’s website or are accessible via a link on the Store’s website to another website containing the relevant Rules and Regulations.
- Tickets for events held by the Foundation are delivered electronically in the form of an order confirmation immediately after receipt of payment for the purchased ticket and are redeemed for an admission card, wristband, or identification badge (depending on the event), which allows access to said event. Admission cards, wristbands or identification badges are issued based on a printout of the order confirmation and the Customer’s photo ID bearing the number provided in the order. The document may be changed through the Customer’s user profile after the order has been made. In the case of other events, the ticket delivery and redemption procedure shall be described on the Store website.
- Tickets must be claimed in person on the event grounds before the start of the event or during the event, as stipulated by Article V, Section 4.
- The Store shall not be liable for failure to place an order, failure to provide order confirmation, or inability to pay the purchase price due to an invalid or imprecise address provided by the Customer, problems with the internet, or other circumstances beyond the Store’s control.
- The Store shall not be liable in any way for the conduct of an event which is the sole responsibility of an organizer other than the Foundation, and shall not be liable in any way for the content of the advertising for such an event nor its factuality.
VI. Methods of payment
- The Customer may choose the following form of payment for Tickets ordered and delivered within Poland: wire transfer via the Dotpay transaction system or PayPal.
- Processing of the order will begin once the Store has received confirmation of successful payment from the Dotpay or PayPal payment operator.
- The Store does not accept the following form of payment: “cash on delivery,” and does not send Tickets by mail nor for cash on delivery.
- The Customer is entitled to submit a written claim to the address of the Foundation or on the Store’s website.
- Claims are considered within 14 days of receipt of the claim. In the event that the claim is accepted, the Store will promptly refund the Customer the equivalent of the payed price of the Ticket or propose an alternative solution, at the Customer’s discretion.
VIII. Personal information
- By registering a Customer Account at the Store, the Customer consents to the processing of their personal information for the purposes of administering the Account, and by placing an order in the Store, the Customer consents to the placement of their personal information in the database of the Independent Foundation (the database administrator) and the processing of said information for the purpose of the fulfillment of the agreement. The Customer may also consent to the processing of said data for the purpose of receiving news and information regarding cultural events held by the Foundation.
- The submission of personal information by the Customer and the Customer’s permission to process said data within the scope specified in Section 1 is necessary in order for the Store to process the order. The Customer is liable for providing false personal information.
- Personal information is protected under the Data Protection Act of August 29, 1997 (Dz. U., year 2002, no. 133, item 833). The Customer retains the right to access, modify, and request the deletion of the personal information provided.
IX. Digital content
- Tickets to events organized by the Foundation are delivered in electronic form to the e-mail address provided by the Customer in the order.
- Tickets delivered in electronic form serve exclusively as confirmation of the placement of the order and, once printed, are redeemable for an admission card, wristband, or identification badge, depending on the event.
- In order to receive and print the necessary digital content, the Customer should have access to, at a minimum: a PC-class computer with input devices such as a mouse and keyboard, and output devices such as monitor and printer with drivers; an internet connection, an installed operating system such as Windows XP or newer or OS X, a web browser such as Firefox, Chrome, or Internet Explorer, an e-mail account, and a PDF reader such as Adobe Acrobat.
X. Extrajudicial dispute resolution and pursuit of claims
If the means of pursuing claims stipulated in Article VII of the Rules and Regulations have been exhausted, the Customer may seek resolution of their dispute with the Foundation before a consumer court of arbitration at a Voivodeship Inspectorate of Trade Inspection or through mediation services provided by the Trade Inspection.
XI. Final provisions
- Entrance Tickets presented on the Store’s websites shall not constitute an offer as defined by the Civil Code. All issues not settled herein are regulated by the Civil Code, and, with regards to consumers, the provisions of the Consumer Protection Act of May 30, 2014 (Dz. U., year 2014, item 827).
- The Foundation reserves the right to modify the Rules and Regulations. All changes to the Rules and Regulations are effective as of the date on which they are published on the Store’s website. Contracts and agreements entered into prior to the date of amendments to the these Rules and Regulations shall be fulfilled under the terms in effect on the day on which the order was placed. The above Rules and Regulations are effective as of December 25, 2014.