Terms and Conditions
Terms and Conditions
These Business Terms and Conditions apply to the sale of tickets by means on the Internet sale operated by GameDev Area Czech s.r.o., Company Identification No.: 02173298, with the registered office: 602 00 Brno, Slovákova 279/11, Veveří, company incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 94595 (hereinafter referred to as the “
The ticket entitles its holder, natural person using the right from the ticket (hereinafter referred to as the “
”), to enter the particular Event (especially cultural, sports, educational events, expositions, conferences, trainings, fairs, etc.) consisting in the provision of a service to spend the free time within the predefined time period for the stipulated price of the ticket, under terms stipulated in the guidelines published by the Company and in these Business Terms and Conditions (hereinafter referred to as the
Unless provided otherwise herein or unless agreed expressly otherwise between the Parties, the rights and obligations of the Parties relating to the purchase of tickets shall apply accordingly also to the provision of goods and services.
The Company may anytime amend or supplement the wording of the Business Terms and Conditions by publishing them on the website
. However, this provision does not affect the rights and obligations arising from contracts concluded before the new Business Terms and Conditions become effective.
II. MANNER OF CONCLUDING A CONTRACT
By means of its website, the Company invites to the submission of draft contracts on purchase of tickets for the above-mentioned Event. The provisions of Section 1732 of the Act No. 89/2012 Coll., Civil Code, subsequently amended (hereinafter referred to as “
”), shall not apply.
The purchase of a ticket is realized based on a direct contractual relation between the applicant for purchase of a ticket (hereinafter referred to as the “
”) and the Company from the Company´s offer published in the Company´s online store at the address
or via a mobile application of the Company (hereinafter referred to as the “
“). This fact does not affect the possibility of the Parties to conclude a contract under individually negotiated terms.
Based on the order placed via the Internet Interface of the Company, the Submitter submits a draft contract for purchase of tickets for the Event (hereinafter referred to as the “
”). Before sending (confirming) the Tickets Order, the Submitter is enabled to check and change anytime the entry data entered in the Tickets Order. By sending the Tickets Order, the Submitter accepts the Company´s offer for goods and services inserted in the Internet Interface basket and makes the Company´s offer for the conclusion of a contract irrevocable.
Based on the Tickets Order the Submitter agrees with these Business Terms and Conditions and with the terms and conditions specified at the address
, and declares he/she had the opportunity to get acquainted with these Business Terms and Conditions before concluding the contract. These Business Terms and Conditions form an integral part of every contract concluded between the Company and the Submitter via the Internet Interface pursuant to the procedure specified in Article II hereof in accordance with Section 1751 NCC, unless the Submitter agrees with the Company expressly otherwise.
The Company is entitled not to accept the Tickets Order that is not made with the consent of the Company in accordance herewith, or to return it to the Submitter for completion and provide the Submitter with a reasonable period for its completion. The vain expiry of such period shall result in the fact that the Submitter´s Tickets Order is considered as an order that has never been delivered.
The contract for sale of tickets is concluded between the Submitter and the Company when its receipt confirmation (acceptance) by the Company is delivered by sending an email with the confirmation by the Company to the email address stated by the Submitter in the Tickets Order whereby the Company is obliged to ensure and supply the goods and services in accordance with the contract and with these Business Terms and Conditions, and the Submitter is obliged to pay the agreed price (hereinafter referred to as the “
To avoid any doubts, it shall apply that the Contract is no concluded if the Tickets Order is not accepted by the Company or is accepted with a reservation.
These Business Terms and Conditions shall apply also to the conclusion of all the Contracts between the Company and the Submitter, as realized between the Parties by remote communication means (i.e. by phone, via fax, email, etc.).
With respect to the nature and price of the Event, the Submitter shall be considered as a professional, not as a consumer, in terms of Section 419 NCC. Therefore, the provision on the consumer protection, especially Section 1810 et seq. of NCC, shall not apply, and these Business Terms and Conditions shall apply to the contractual relations within the scope of Article XI.
The tickets may be purchased in the following manner:
With a credit card by means of the online payment gate. The payment with a credit card may be charged according to the valid pricelist of the Submitter´s bank;
Online booking with the Submitter´s obligation to pay the price of the tickets via a wire transfer to the Company´s account – the ticket shall be booked exclusively via the Internet Interface of the Company after the prior registration and creation of the Submitter´s account;
For purpose of these Business Terms and Conditions the payment of the ticket price based on the concluded Contract shall be considered as purchase of the ticket.
III. PRICE AND TYPES OF TICKETS
The Company may determine one or more types of tickets for individual Events (in addition to the basic tickets, these are mainly VIP tickets, tickets with the possibility to apply a discount, etc.). The information on available and currently valid types of tickets are specified in the order system of the Internet Interface. The various types of tickets have usually different prices, scope of usage and entitlement.
The number of tickets per Event may be limited. The tickets may be purchased only if they are still included in the Company´s offer and if they have not been sold out. The Company is not anyhow responsible for the accuracy and validity of tickets purchased outside the Internet Interface.
If the Participant may not take part in the Event, the Submitter is entitled to a refund of 75 % of the paid ticket price while applying this right in writing at the Company latest by 31 March 2019. The paid price for the tickets shall not be refunded later on and only a change of the Participant is possible pursuant to Article IV (2) hereof.
The program, content and scope of the Event, as specified on the website
, is of an informative nature; the Company and the Submitter consider the content focus of the Event on the professional game development as a significant feature of the Event. The individual lecturers, duration or content of individual contributions are not essential for the purchase of tickets and conclusion of the Contract. The Company reserves a right to change the Event in justified cases. i.e. change of date, time, place, duration, lecturers or other characteristics of the Event, und undertakes to inform the Submitter of this fact via email or in another appropriate manner. In case of the above-mentioned changes of the Event characteristics the price of tickets or the content of the concluded Contract shall not be changed.
In case the Event is cancelled, the Submitter is entitled to the full refund of the ticket price.
IV. TICKETS ORDER VIA INTERNET INTERFACE
All the types of tickets are nontransferable and bound to a particular name and Event, thus they are valid only in favor of the Participant.
To order the tickets it is necessary to state and send all the data necessary for booking of the tickets and pay the relevant amount according to the instructions of the Internet Interface order system.
The ticket is bound to the Participant, natural person, specified by the Submitter in the Tickets Order. The Participant may be changed based on a written request of the Submitter; however, the maximum is three times. The request for a change of the Participant may be filed latest by 20 May 2022 via the Internet Interface that is available to the Submitter after his/her registration.
The Participant shall receive an entry card against the personal registration code (name and surname of the Participant, unless provided otherwise) at the place of the Event before its entrance.
By submitting the entry card at the entrance to the venue, the Participant expresses his/her consent with the operational rules of the venue, conforms to the Company´s instructions and related Event terms and conditions.
V. PAYMENT TERMS
The purchase price is valid at the moment of realizing the Company´s offer in the Internet Interface. Each offer includes also the ticket identification and description, information on the final ticket price including all the taxes and fees.
Unless the Parties agree otherwise and if the Internet Interface enables to choose some of the below mentioned payment methods, the Submitter is entitled to choose the relevant payment method and pay the agreed price within the specified period in the following manner:
With a credit card by means of the online payment gate. The payment with a credit card may be charged according to the valid pricelist of the Submitter´s bank;
Via a wire transfer to the Company´s account No. 8086324001/5500, kept by Raiffeisenbank a.s., according to the instructions that shall be sent to the Submitter via email. The payment via a wire transfer is possible only sufficiently in advance of the Event. In case the ticket is purchased less than 5 working days before the Event, the Company recommends the Submitter to use another payment method to pay the purchase price (e.g. with a credit card). The wire transfer may be charged according to the valid pricelist of the Submitter´s bank.
The costs incurred to the Submitter by using the remote communication means in connection with the conclusion and performance of the Contract shall be paid exclusively by the Submitter.
If the purchase price is paid via a wire transfer to the Company´s account pursuant to Article V (2) b) hereof, the purchase price shall be credited to the Company´s account latest 24 hours before the Event begins. Otherwise, the order shall be cancelled, unless the Parties agree otherwise. In case the purchase price is paid only partially, the order shall be cancelled too. If the order is cancelled, the Company shall send the eventual payment back to the Submitter. When entering the payment order the Submitter is obliged to fill in the correct variable symbol of the Tickets Order, as received in the confirming email, i.e. Tickets Order number, unless provided otherwise. In case the variable symbol is incorrect or missing, the order may be cancelled. In case of a wire transfer the Submitter´s obligation to pay the purchase price is met when the purchase price is credited to the Company´s account.
The payment is possible only as a lump-sum payment; repayments are not possible.
VI. DEFECT LIABILITY AND QUALITY WARRANTY
The Company is liable to the Submitter for the fact that the sold goods are in compliance with the Contract, especially that they do not have any defects. The Company is liable to the Submitter mainly for the fact that the goods have the characteristics, when being taken over, that were agreed by the Parties, and if such agreement is missing, the characteristics that the Company or a producer described or that the Submitter expected with respect to the nature of goods and based on the advertisement; that the goods are suitable for the purpose which the Submitter specifies for their usage or which the item of such kind is usually used for; that the goods are supplied in the corresponding quantity, at the corresponding rate or with the corresponding weight; and that the goods meet the requirements of legal regulations.
If any defect shows itself within six months after the takeover, it shall be deemed that the item was defective already when being taken over. The Submitter is entitled to apply a right from defect that incurs on goods within twenty-four months after the takeover.
The Company provides the Submitter with the quality warranty for 24 months after the takeover of goods. Based on the quality warranty, the Company guarantees to the Submitter that the goods shall be suitable for usage for the ordinary or agreed purpose or that the goods shall keep the ordinary or agreed characteristics within such period. The specification of the warranty period or use by date period on the packaging or in the advertisement has the same effects. If the Contract and warranty statement determine different warranty periods, the longest period shall apply. If the Parties agree on a different warranty period than marked on the packaging as a used by date period, the agreement of the Parties shall prevail.
The Submitter may apply the warranty claim by its sending to the registered office of the Company via mail or to the email address
. In case of the warranty claim the Submitter shall prove the origin of goods by submitting an invoice, Contract or order acceptance, eventually the warranty card if it was issued for the goods. If the Submitter is not able to submit the necessary documents, he/she is obliged to document the conclusion of the Contract in another demonstrable manner.
If the goods do not have the agreed or ordinary characteristics pursuant to Article VI.1 hereof, the Submitter may ask for supply of a new item without any defects, unless it is inappropriate with respect to the nature of a defect. However, if the defect affects only a part of the goods, the Submitter may require only exchange of such part; if this is not possible, the Submitter may withdraw from the Contract. However, if it is disproportionate with respect to the nature of a defect, mainly if the defect may be removed without undue delay, the Submitter is entitled to the removal of the defect free of charge. The Submitter has a right to the supply of new goods or to the exchange of a part even in case of a removable defect if the goods may not be used properly due to the repeated occurrence of the defect after its repair or due to a higher number of defects. In such case the Submitter is also entitled to withdraw from the Contract. If the Submitter does not withdraw from the Contract or does not apply the right to the supply of new goods without any defects, to the exchange of a part of goods, or to the repair of goods, the Submitter may require a reasonable discount. The Submitter is entitled to a reasonable discount even in case the Company is not able to supply new goods without any defects, exchange a part of goods, or repair the goods as well as in case the Company does not remedy the situation within a reasonable period or if the remedy would cause significant troubles to the Submitter.
If the warranty claim is applied, the Company is obliged to issue to the Submitter a confirmation stating when the Submitter applied the right, what the warranty claim is related to, and which manner of warranty claim settlement the Submitter requires. The Company is also obliged to issue a written document concerning the warranty claim settlement and containing the date and manner of settlement, including the confirmation on the repair made and its duration, eventually a written justification of the warranty claim denial.
The Submitter acknowledges that the warranty claim shall be settled latest within thirty (30) days after its application, in justified cases, especially if the more complex technical assessment of the condition of goods or services requires it. Otherwise, the Company shall settle the warranty claim immediately, in complex cases latest within three (3) working days after its application. The Company is obliged to inform the Submitter within such period also of the manner of warranty claim settlement. If the warranty claim is not settled within a thirty-day period, the Submitter has the same rights as in case of a defect that may not be removed. The Company is not liable for the data saved on the data media when removing the defect.
VII. PERSONAL DATA PROTECTION AND SENDING OF COMMERCIAL MESSAGES
The Company meets its information obligation towards a customer (i.e. submitter and participant) in the meaning of Article 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”), whereas the information obligation is associated with the processing of the customer´s personal data to perform the Agreement, to negotiate on this Agreement and to meet statutory obligations of the Company, by means of the
VIII. WITHDRAWAL FROM THE CONTRACT
The Submitter is entitled to withdraw from the Contract within 14 days whereas the period shall start on a day when the goods are taken over. The withdrawal shall be also considered as effective if it is sent on the last day of such period to the Company to the following address:
. In case of the Submitter´s withdrawal from the Contract the Contract shall be cancelled ex tunc. The form for withdrawal from the Contract is available
If the Submitter withdraws from the Contract, he/she shall send or submit to the Company the goods received from the Company, without undue delay, latest within 14 days after the withdrawal. The goods may be handed over personally in the registered office of the Company or they may be packed in a suitable and sufficiently protective packaging material meeting the transport requirements for the relevant goods and sent in an appropriate manner to the Company´s registered office. The Submitter shall prove the origin of goods by attaching a purchase document or warranty card (if it was supplied with the goods) or another document proving the conclusion of the Contract. The costs related to the return of goods shall be borne by the Submitter.
If the Submitter withdraws from the Contract, the Company shall refund him/her all the pecuniary means (purchase price of the supplied goods) including the delivery costs received from the Submitter based on the Contract, in the same manner without undue delay, latest within 14 days after the withdrawal. The Company is not obliged to refund the received pecuniary means to the Submitter before the Submitter hands over the goods to the Company or proves the goods have been sent to the Company.
However, if the Submitter chose, when ordering the goods, another than the cheapest delivery method being offered by the Company in its online store, the Company shall refund the Consumer the delivery costs only in the amount corresponding to the cheapest offered delivery method.
The Submitter may not withdraw from the Contract in case of goods that were adjusted according to the Submitter´s wish or for his/her needs; perishable goods as well as goods that were mixed irretrievably with other goods after being supplied; goods in a closed packaging, that the Submitter took from the packaging, and it is not possible by hygienic reasons to return such goods. The Submitter may not withdraw from the Contract for supply of an audio or visual record or computer program if the original packaging was disturbed; from the Contract for supply of digital content if it was not supplied on a tangible medium and was supplied with a prior express consent of the Submitter before expiry of a period for withdrawal; from the Contract for provision of services if the services were provided with a prior express consent of the Submitter before expiry of a period for withdrawal; and from the Contract for repair or maintenance made at the place determined by the Submitter upon his/her request.
IX. SUBMITTER WHO IS NOT A CONSUMER
In case the Submitter is not a consumer in terms of Section 419 of the Civil Code, the provisions of Article VI.1, VI.2, VI.7, VIII, X.4 and X.5 hereof shall not apply.
Differently from the provisions of Article VI.3, the Submitter who is not a consumer in terms of Section 419 of the Civil Code is provided with the quality warranty for 12 months whereas the warranty period shall start on a day when the goods are taken over by the Submitter.
X. FINAL PROVISIONS
All the legal relations between the Company and the Customer shall be governed by the Czech legal system. The relations not regulated in the Contract or in these Business Terms and Conditions shall be governed by NCC. As regards the relations with an international element, the Czech law is agreed as law decisive for any disputes arising from these Business Terms and Conditions and from the contractual relations concluded based on these Business Terms and Conditions. The competent courts for resolution of disputes between the Parties are the Czech courts.
The address stated in Article I (1) hereof or the electronic address
is considered as the Company´s delivery address.
If any provision hereof is or becomes invalid or ineffective, it shall be replaced by a provision the meaning of which corresponds most closely to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining ones. Any amendments and supplements to the Contract or hereto shall be in writing.
The Submitter is entitled to the extrajudicial resolution of any possible disputes arising from the Contract with the Company in accordance with Section 20d et seq. of the Act No. 634/1992 Coll., on Consumer Protection, subsequently amended, by means of The Czech Trade Inspection Authority (
The Submitter is also entitled to open the extrajudicial resolution of a dispute online via the European platform for the resolution of disputes available online on the website http://ec.europa.eu/consumers/odr/.
These Business Terms and Conditions are drawn up in the Czech and English language. In case of a difference between the language mutations the Czech version is binding for the interpretation of these Business Terms and Conditions.
The Contract including these Business Terms and Conditions shall be archived by the Company in an electronic form.
The documents published in the Internet Interface may be protected by the copyright. The products and services mentioned on the website, information about them and their display may be protected by other intellectual property rights of the affected persons. The names and identifications of products, services, firms and companies may be registered trademarks of the relevant owners.
These Business Terms and Conditions are valid from 1 December 2018.