WEB SERVICE TERMS & CONDITIONS
TERMS AND CONDITIONS OF THE KLOCKOWNIA WEB SERVICE
I. GENERAL PROVISIONS
- These Regulations apply to the use of the Website as defined below, in particular to conclude Reservation Agreements and Sales Agreements between the User and the Service Provider
- Use of the Website by the User requires that the end device and the IT system meet the relevant technical requirements described in these Regulations.
- These Regulations are addressed to both Users who are Consumers and Users who are not Consumers, using the Website, Electronic Services or containing Reservation Agreements and Sales Agreements.
- The User has the right to negotiate the provisions of contracts concluded with the Service Provider, including those amending the provisions of the following Regulations, thereby concluding a separate contract. To the extent not regulated by the provisions of the individual agreement concluded with the User, the provisions of these Regulations shall apply.
- Acceptance of the Regulations is voluntary, but necessary to create an Account and to conclude Booking Agreements and Sales Agreements by the User via the Website.
- Information provided on the Website or, in the case of concluding Reservation Agreements using other means of distance communication, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, managed by PEKE MUNDO SP. Z o.o. to Users.
- Whenever the following capitalized terms are used in the remainder of the Regulations, they should be understood in the following sense, unless the context in which they were used clearly indicates otherwise:
- PRICE – the amount of money due to PEKE MUNDO SP. Specified in Polish zlotys or in another currency in the event of the conclusion of a Sales Agreement covering the subject of the Booking Agreement or Sales Agreement. The price may be paid via the Website as part of the payment methods available each time as part of the Website;
- WORKING DAY – one day from Monday to Friday, excluding public holidays;
- PASSWORD – a code of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the User when creating the Account. Account registration requires the Password to be repeated twice in order to detect and correct any errors. The User is obliged to keep the Password strictly confidential (not to disclose it to any third parties). PEKE MUNDO SP. Z o.o. provides the User with the option of changing the Password;
- CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 2014, item 121 as amended);
- CONSUMER – a person making a legal transaction with an entrepreneur not directly related to his business or professional activity;
- ACCOUNT – Electronic Service; a set of resources in the ICT system PEKE MUNDO SP marked with an individual name (Login) and Password provided by the User allowing the User to use additional functionalities / services. The User gains access to the Account using the Login and Password. The User logs in to his Account after registering on the Website. The account allows you to track the status of the Reservation, access to the history of the Reservation;
- CART – a service made available to every User who uses the Website, consisting in enabling him or her to easily conclude a Sales Agreement or Reservation Agreement of one or several Products, displaying a summary of individual Products and all Products together, entering the discount code number, as well as determining and modification of the order data by the possibility of independent correction of the entered data. The cart collects Reservations submitted by the User;- LOGIN – User’s email address provided as part of the Website when creating the Account;
- NEWSLETTER – an Electronic Service that enables Users using it to receive from PEKE MUNDO SP. z o.o. cyclic information, in particular about Products, the Website, including new products and promotions, to the email address or telephone number provided by the User, with the User’s express consent. The provisions of the Newsletter contained in the Regulations will be applied from the moment the activation of the Newsletter service availability by PEKE MUNDO SP. Z O.O;- PEKE MUNDO SP. z o.o. – the company PEKE MUNDO SP. z o.o. with headquarters in Stare Babice, ul. Polna 17 (which is also an address for service), entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw, XII Commercial Department of the National Court Register, under KRS number 0000353715, NIP 5213564002, REGON 142396433; PEKE MUNDO SP. z o.o. is both a Seller and a Service Provider of Sale Agreements, Booking Agreements and Agreements for the provision of electronic services within the meaning of these Regulations, concluded via the Website;
- LOCATION – each stationary point of rendering services covered by the Reservation Agreement by PEKE MUNDO SP. z o.o. located in the territory of the Republic of Poland;
- PRODUCT – a movable item available on the Website which is the subject of the Reservation Agreement or Sale Agreement concluded via the Website between the User and PEKE MUNDO SP. Z O.O., including tickets covered by the Reservation Agreement;
- REGULATIONS / AGREEMENT FOR THE PROVISION OF SERVICES – this document specifying the rules for concluding Reservation Agreements, Sales Agreements and the rules for providing and using the services provided by PEKE MUNDO SP. Z o.o. via the Website to Users. The Regulations define the rights and obligations of the User and PEKE MUNDO SP. Z o.o. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended);
- RESERVATION – User’s declaration of intent, made via the Website or by phone directly aiming at the conclusion of the Reservation Agreement, specifying the proposed date and facility for the performance of the Reservation Agreement and the number of Product / s covered by the Reservation Agreement, for which the User submits the offer to conclude the Reservation Agreement.
- WEB SERVICE – a platform enabling the conclusion of Sales Agreements and Reservation Agreements by the User and the provision of services made available by PEKE MUNDO SP. Z O.O., run by PEKE MUNDO SP. Z o.o. available at the internet address: www.klockownia.com
- SELLER – party to the Sales Agreement concluded after accepting the User’s offer on the basis of these Regulations;
- CONTENT – text, graphic or multimedia elements (e.g. information and photos regarding Products, promotional films, comments), including works within the meaning of the Copyright and Related Rights Act, as well as images of natural persons that are posted and disseminated as part of Website by respectively PEKE MUNDO SP. Z O.O., contractors of PEKE MUNDO SP. Z O.O., the User or another person using the Website;
- RESERVATION AGREEMENT – an agreement concluded between PEKE MUNDO SP. z o.o. and the User, based on which PEKE MUNDO SP. z o.o. undertakes to provide the User with services related to leisure, entertainment or cultural events on a specific day and place, for payment of the Price, concluded via the Website or by telephone;
- SALE AGREEMENT – a sales contract within the meaning of the Civil Code, regarding the sale by PEKE MUNDO SP. Z o.o. for the User of the Products indicated in the Basket, upon payment of the Price, concluded via the Website;
- ELECTRONIC SERVICE – electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), by PEKE MUNDO SP. Z o.o. for the User via the Website in accordance with the Regulations;
- SERVICE PROVIDER – party to the Reservation Agreement or Service Provision Agreement concluded after the User’s offer has been accepted under these Regulations;- CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
- USER – (1) a person; or a legal person acting through an authorized person (2); or (3) an organizational unit without legal personality, which the law confers legal capacity; having full legal capacity. If the User is a natural person with limited legal capacity, he undertakes to obtain the legally effective consent of his legal representative to conclude the Contract for the Provision of Services / Reservation Services or the Sales Agreement and show such consent at every request of PEKE MUNDO SP. Z O.O .;
- ORDER – User’s declaration of intent, made via the Website, aiming directly at the conclusion of the Sales Agreement, specifying Products for which the User submits an offer to conclude a Sales Agreement.
- Promotions applicable on the Website may not be combined, unless the provisions of the promotion expressly provide otherwise.
II. ELECTRONIC SERVICES ON THE WEB SITE
- PEKE MUNDO SP. z o.o. provides the following Electronic Services to Users free of charge via the Website:
a) concluding Reservation Agreements or Sales Agreements via the Website;
b) presenting Users with advertising content, including presenting Users with current notifications directly from the web browser level (push notifications) depending on relevant, voluntary consent given by Users;
c) enabling Users to use the services of the Cart;
d) enabling viewing of Content posted as part of the Website;
e) Newsletter (depending on its availability).
- The Agreement for the Provision of Services is concluded when the User receives confirmation of the conclusion of the Agreement for the Provision of Services sent by PEKE MUNDO SP. Z o.o. to the email address provided by the User during the booking
- The use of the Basket begins when the User adds the first Product to the Basket
- The Basket is provided free of charge and for as long as the Products are stored in the Basket. The service is terminated upon conclusion of the Sales Agreement or Reservation Agreement via the Website or upon earlier cessation of the Order or Reservation by the User. The basket remembers information about Products selected by the User after the end of the browser session for a period not longer than 30 days.
- In order to start providing the Newsletter service, it is required to agree to receive commercial information by the User by providing their email address in the appropriate field on the Website and confirming it by clicking the activation link sent by PEKE MUNDO SP. Z o.o. to the email address provided by the User (the moment of commencing the provision of the Newsletter delivery service).
- The Newsletter is provided free of charge for an indefinite period of time (not earlier, however, than from the moment the Newsletter service is activated by PEKE MUNDO SP. Z O.O.). The User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter service, in particular by clicking on the deactivation link located in each Newsletter sent to the User in the form of an email or sending an appropriate request to PEKE MUNDO SP. Z O.O., in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Peke Mundo Sp z o.o., Ul Polna 17, 05-082 Stare Babice.
- The User is obliged to refrain from any activity that could affect the proper functioning of the Website, including in particular any interference with the content of the Website or its technical elements, including the provision of unlawful content. It is forbidden to use the Website for purposes other than its intended purpose, including in particular sending spam, conducting any commercial, advertising, promotional activity, etc. on the Website.
- Complaints related to the provision of Electronic Services or the Reservation Agreement may be submitted as follows:
a) in writing to the following address: Peke Mundo Sp z o.o., Ul Polna 17, 05-082 Stare Babice
b) in electronic form via e-mail to the following address: email@example.com
- Response to the complaint by PEKE MUNDO SP. z o.o. takes place immediately, not later than within 14 days from the date of its submission.
- PEKE MUNDO SP. z o.o. each time, will inform Users about the suspension or limitation of the provision of services by sending an appropriate e-mail message and posting an appropriate message on the Website.
- Temporary suspension or limitation of the provision of services does not affect the Users’ rights arising from the provisions of applicable law, in particular the right to terminate the Service Provision Agreement.
III. CONDITIONS FOR CONCLUDING THE RESERVATION CONTRACT
- PEKE MUNDO SP. Z o.o. allows you to make product reservations for: a. via the Website; b. by phone. within the time and place proposed by the User from among each time available on the Website.
- The User makes a Booking via the Website in the following manner, in order:
a) The User selects the proposed date and Place of visit for the Booking Agreement, the number of Products (tickets) covered by the Booking and additional options by adding them to the Cart, after which he goes to the Booking form;
b) The User must enter into the Booking form the data necessary for the conclusion and implementation of the Booking Agreement. It is necessary for the User to provide the following data: name and surname of the person collecting the Products (tickets) covered by the Booking, e-mail address and telephone number of the User as well as data regarding the Booking Agreement: Product / s, quantity of the Product (s), the facility where it has performed Reservation Agreements (selected from the Locations where the proposed dates are available at the time of the Reservation). In the case of Users who are not Consumers, it is also necessary to provide the company data, and if they have requested a VAT ID number as part of the VAT invoice form;
c) The User sends PEKE MUNDO SP. Z o.o. Reservation (submits an offer to conclude a Reservation Agreement) using the functionality of the Website made available for this purpose (BUY TICKET button). The User accepts the provisions of the Regulations in advance.
d) depending on the chosen payment method, the User may be redirected to the websites of an external payment service provider in order to make a payment.
- In case of concluding a Reservation Agreement using other means of distance communication (telephone):
a) PEKE MUNDO SP. Z o.o. sends an e-mail to the User confirming the content of the proposed Booking Agreement.
b) The User enters reservation data into the Reservation System and proceeds exactly as specified in point 2 a – c.
- When submitting a Reservation, the User submits to the Service Provider an offer to conclude a Reservation Agreement on the conditions specified in the Reservation and these Regulations.
- After verifying the Booking, PEKE MUNDO SP. Z o.o. immediately sends a message to the User email address confirming the acceptance of one or several individual offers to conclude a Reservation Agreement for Products submitted as part of the Reservation and confirmation of the conclusion of the Reservation Agreement (acceptance of the Reservation regarding Products indicated in the message).
- The Booking Agreement is concluded upon confirmation of the abovementioned offer (s), i.e. receipt by the User the message referred to in paragraph 5 above with the Products indicated therein. The main features of the service, including the subject of the service and the manner of communication with the User are specified on the page of each Product.
- If it is not possible to accept all or some of the offers submitted as part of the Booking, PEKE MUNDO SP. Z o.o. will contact the User in order to:
a) inform the User about the inability to accept all offers submitted as part of the Booking, or
b) confirm with the User his will to carry out the Reservation in the part in which PEKE MUNDO SP. Z o.o. agreed to accept the offer to conclude the Reservation Agreement. In such a case, the User may cancel the entire Booking (in respect of all offers), which does not affect his right to withdraw from the contract. Canceling the Booking by the User releases PEKE MUNDO SP. z o.o. from the obligation to realize the Reservation Agreement.
- If it is not possible to accept offers / conclusion of the Booking Agreement submitted as part of the Booking, the Booking Agreement shall not be concluded.
- Independently, PEKE MUNDO SP. Z o.o. may inform the User about the status of the Booking by sending messages to the email address provided by the User or by contacting the User by phone.
- The Booking Agreement binds the Service Provider provided that the User pays the Price no later than together with placing the Order. Non-payment of the Price by the User within 24 hours from the date of the Sale Agreement, in case of doubt the Service Provider should consider the User to withdraw from the Sale Agreement.
- PEKE MUNDO SP. Z o.o. strives to ensure the availability of dates and Branches as well as the implementation of the Reservation Agreement. In the event of inability to provide and in other situations specified by law, the relevant provisions may apply, in particular art. 493-495 of the Civil Code.
- The product (ticket) covered by the Booking Agreement does not entitle to a refund or exchange for another, except for the cases referred to in paragraph 12 above, changing the date or the facility covered by the Booking Agreement, or in situations permitted by the Regulations or legal provisions.
- In the event of cancellation, change of date or the Facility covered by the Reservation Agreement resulting from the fault of Peke Mundo, PEKE MUNDO SP. Z o.o. immediately inform the User about it via the Website or by sending an email. This provision will not be used in cases beyond Peke Mundo and beyond which Peke Mundo has no influence.
- In case referred to above, PEKE MUNDO SP. Z o.o. will refund the Price after receiving from the User proof of purchase of the Product covered by the Booking Agreement. The Price will be refunded by transfer to the bank account number from which the User paid the Price.
- Exclusive rights to Content available / posted on the Website by PEKE MUNDO SP. Z o.o. or its contractors, in particular copyright, the name of the Website (trademark), its graphic elements, software and rights in the field of databases are subject to legal protection and are entitled to PEKE MUNDO SP. Z o.o. or entities with which PEKE MUNDO SP. Z o.o. has entered into relevant agreements. The User is entitled to use the abovementioned Content free of charge, and also to use Content posted in accordance with the law and already disseminated by other Users as part of the Website, but only for personal use and only for the proper use of the Website, throughout the world. The use of Content in any other scope is permitted only on the basis of explicit, prior consent granted by an authorized entity in writing, otherwise being null and void.
- If the Content posted by the User on the Website constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the User voluntarily posting Content on the Website at the time of their determination (also in unfinished form) is granted by PEKE MUNDO SP. Z o.o. a non-exclusive, free and non-transferable license for use by PEKE MUNDO SP. Z o.o. from these works, which includes in particular the publication of works on the Website, as well as in other publications of PEKE MUNDO SP. Z o.o. The license is granted for all fields of exploitation known at the time of conclusion of the contract for the provision of Services, in particular for fields of exploitation specified in art. 50 of the abovementioned Act, copyright and related rights:
a) in the field of recording and reproduction of the item – production of copies of the work by a specific technique, including printing, reprographic, magnetic recording and digital techniques;
b) within the scope of trading the original or copies on which the work was recorded – placing on the market, lending or renting the original or copies;
c) to distribute the item in a way other than specified in point above – public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at the place and time of their choice.
V. PROTECTION OF PERSONAL DATA
- The administrator of the User’s personal data is PEKE MUNDO SP. Z o.o.
- Providing personal data by the User is voluntary, but necessary to set up an Account, use specific Electronic Services, conclude a Reservation Agreement and a Sale Agreement.
- The User is obliged to provide true and up-to-date User data and update personal data provided in connection with the conclusion of the Contract for the Provision of Services, Reservation Contract and Sale Contract, in particular to the extent necessary for their proper performance. Providing outdated or false data of the User may prevent the implementation of the above. agreements.
- PEKE MUNDO SP. Z o.o. applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
- The User has the right to access their data and rectify, delete, limit processing, the right to transfer data or to object to their processing, the right to withdraw consent at any time (provided that this does not affect compliance with data processing right before its cancellation). The data subject has the right to lodge a complaint to the President of the Office for Personal Data Protection, if he considers that the processing of his personal data violates the provisions of the GDPR.
VI. TERMINATION OF THE AGREEMENT FOR SERVICES AND AMENDMENT OF THE REGULATIONS
- PEKE MUNDO SP. Z o.o. may at any time terminate the Agreement for the Provision of Services or any license agreement granted on the basis of point IV of the Regulations with the User upon a monthly notice period for important reasons, understood as (closed catalog):
a) a change in the law governing the provision of electronic services by PEKE MUNDO SP. Z o.o. affecting mutual rights and obligations specified in the contract concluded between the User and PEKE MUNDO SP. Z o.o. or a change in the interpretation of the above provisions of law as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given scope;
b) a change in the manner of providing services caused solely by technical or technological reasons (in particular the updating of technical requirements indicated in these Regulations);
c) changing the scope of services to which the provisions of the Regulations apply, by introducing new ones, modifying or withdrawing by PEKE MUNDO SP. Z o.o. existing functionalities or services covered by the Regulations.
- PEKE MUNDO SP. z o.o. sends statement to the extent specified in paragraph 1 above to the e-mail address provided by the User when creating the Account or making a Reservation or Order, respectively.
- PEKE MUNDO SP. z o.o. may terminate the User with the Agreement for the Provision of Services or any license agreement granted pursuant to point IV of the Regulations with a seven-day notice period or refuse him the further right to use the Website and make Reservations, as well as may limit his access to part or all of the Content, for important reasons , i.e. in case of gross violation by the User of these Regulations, i.e. in situations where the User violates the provisions of point II point 7.
- The Regulations and annexes to the Regulations constitute a standard contract within the meaning of art. 384 § 1 of the Civil Code.
- PEKE MUNDO SP. Z o.o. may amend these Regulations in the event of at least one of important technical, legal and / or organizational reasons, such as a change in the law, the appearance of new technologies and IT systems forcing a change in the rules of the Website, a final court judgment, an administrative decision, force majeure . The amendment to the Regulations becomes effective on the date indicated by the Service Provider, not less than 7 days from the moment of making the amended regulations available on the Website. Amendments to the Regulations do not violate the Users’ acquired rights, which in particular means that the Reservation Agreements and Sales Agreements concluded by the Users prior to the entry into force of the amendments to the Regulations are implemented in accordance with the existing provisions of the Regulations
VII. FINAL PROVISIONS
- The Regulations start to be in force beginning 01/01/2020.
- Consolidation, protection and disclosure of relevant provisions of the Contract for Services takes place by sending an email to the email address provided by the User.
- The content of the Regulations is available to Users free of charge at the following URL klockownia.com, from where Users can view and print it at any time.
- PEKE MUNDO SP. Z o.o. informs that using the Website via a web browser or contacting PEKE MUNDO SP by phone. Z o.o. may be associated with the need to bear the cost of connecting to the Internet in accordance with the tariff package of the service provider used by the User.
- PEKE MUNDO SP. Z o.o. bears responsibility for non-performance or improper performance of the contract, but in the case of contracts concluded with Users who are not Consumers, PEKE MUNDO SP. Z o.o. shall be liable only in the event of intentional damage and within the limits of actual losses suffered by the User.
- In matters not covered in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended) and other relevant provisions of generally applicable law.