Terms and Conditions of Biletomat.pl
TERMS AND CONDITIONS OF BILETOMAT.PL ONLINE SHOP
We care about consumer rights. The consumer may not waive the rights conferred under the Consumer Rights Act. Any provisions of contracts that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the Consumer Rights Act shall apply instead. Therefore, these Terms and Conditions shall not exclude or restrict any consumer rights conferred upon them under applicable laws and regulations, and any doubts shall be clarified for the benefit of the consumer. If any provisions of these Terms and Conditions are inconsistent with the aforesaid laws and regulations, those laws and regulations shall prevail and be applied.
Clause 1 General Provisions
1. The Biletomat.pl online shop is intended for consumers to buy tickets available at Biletomat.pl. These Terms and Conditions shall define, inter alia, the rules of using the Online Shop and the terms and conditions of concluding and performing the Ticket Sales Contract. The Online Shop and these Terms and Conditions shall apply to consumers and other entities using the Online Shop, subject to those provisions that expressly apply only to consumers or other entities.
2. The Biletomat.pl Online Shop available on www.biletomat.pl is operated by BPM MEDIA Spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (registered office and mailing address: ul. Głogowska 31/33, 60-702 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number KRS 0000352132; the Registry Court that keeps the company's documentation: District Court of Poznań – Nowe Miasto i Wilda in Poznań, 8th Economic Division of the National Court Register, share capital: PLN 70000.00; Tax No: PL9721211542, REGON No: 301386541; e-mail: hello
3. BPM MEDIA sells via its Online Shop Tickets for Events, including music, cultural, sports and other events that are held in Poland.
4. BPM MEDIA sells Tickets for a particular Event via Biletomat.pl on the basis of a separate cooperation agreement between BPM MEDIA and the Organiser of such Event that, inter alia, specifies formats, types and prices of Tickets.
5. BPM MEDIA shall not be the organiser of the Events.
Clause 2 Definitions
In these Terms and Conditions the following terms and expression shall mean as follows:
1. TICKET - a ticket, a carrier of the right to take part in the Event.
2. BUSINESS DAY - a day from Monday to Friday, excluding public holidays.
3. ORDER FORM means the Electronic Service, id est interactive form that is available in the Online Shop and is used by the Buyer to place an Order.
4. DISCOUNT CODE means the code enabling the Customer to receive a discount on shopping on Biletomat.pl at an amount and under the terms conditions as set forth in the description of a specific code. When placing the Order the Customer may enter the discount code in the relevant box on the Order Form.
5. CIVIL CODE means the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No 16, item 93, as amended).
6. ACCOUNT means the Electronic Service, id est thedatabase in the Seller's IT system that is protected with the User’s unique name (login) and password and contains the User’s data and information on the Orders placed by the User on the Online Shop.
7. BUYER, CUSTOMER means a person who makes a Purchase via Biletomat.pl.
8. SERVICE FEE means the fee for using the Online Shop by the User - placing the Order by using the Order Form available in the Online Shop. The User is expressly notified of the obligation to pay the fee and its amount when placing the Order. The Customer is obliged to pay the Service Fee only if such fee was indicated when placing the Order and only if the Customer placed the Order and concluded the Sales Contract.
9. ORGANISER means any third party in relation to BPM MEDIA that organises a specific Event and is set forth on the Biletomat.pl website, in the description of a specific Event and in an e-mail sent to the Customer following the Purchase.
10. PAYU.PL means the service available on http://payu.pl/ through which electronic payments or card payments are made via the Online Shop. Any electronic payments and card payments made via this service are handled by PayU S.A. with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court of Poznań - Nowe Miasto i Wilda in Poznań, Tax No: 779-23-08-495.
11. TERMS AND CONDITIONS mean these terms and conditions of the Online Shop.
12. SHOP, ONLINE SHOP, BILETOMAT.PL means the Seller's Online Shop available on www.biletomat.pl.
13. SELLER, BPM MEDIA means BPM MEDIA Spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (registered office and mailing address: ul. Głogowska 31/33, 60-702 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number KRS 0000352132; the Registry Court that keeps the company's documentation:
District Court of Poznań – Nowe Miasto i Wilda in Poznań, 8th Economic Division of the National Court Register, share capital: PLN 70,000.00; Tax No: PL9721211542, REGON No: 301386541; e-mail: hello
14. SALES CONTRACT, SALE, PURCHASE means the sales contract that is or has been made between the Buyer and the Seller.
15. ELECTRONIC SERVICE means the electronic service provided by the Seller to the User via the Online Shop.
16. CONSUMER RIGHTS ACT means the Act of 30 May 2014 on Consumer Rights (consolidated text of 9 March 2017, Journal of Laws of 2017, item 683, as amended).
17. USER means the person using the Online Shop.
18. EVENT means any musical, cultural, sports or other event organised by the Organiser on a specific day or in a specific period for which the Tickets are sold via the Online Shop.
19. ORDER means the Buyer’s declaration of will, the direct intention of which is to make the Sales Contract with the Seller.
Clause 3 Electronic Services on Biletomat.pl
1. Biletomat.pl renders the following Electronic Services: Account and Order Form.
3. The User may, at any time and without giving any reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, for example by e-mail (hello) or in writing (address: ul. Głogowska 31/33, 60-702 Poznań).
5. The Order Form is used only once and ends as soon as the User has placed the Order via it or has ceased to place the Order via the Order Form.
6. The Electronic Services available in the Online Shop are used free of charge, unless the Service Fee and its amount have been clearly indicated when placing the Order by using the Order Form. The Customer shall pay the Service Fee only if it was indicated when placing the Order and only if the Customer placed the Order and concluded the Sales Contract. The same payment methods and deadlines shall apply to the payment of the Service Fee and the payment under the Sales Contract.
8. The User shall use the Online Shop in a manner consistent with the applicable laws and good manners, taking into account respect for personal rights and copyrights and intellectual property rights of BPM MEDIA and of any third parties. The User shall enter data in accordance with the actual state of affairs. The User shall be prohibited from providing illegal content.
Clause 4 Ticket Sales Contract
1. The Biletomat.pl Online Shop is designed for its Customers to buy Tickets available on Biletomat.pl.
2. Not later than the moment of expressing by the Buyer being a consumer the willingness to be bound by the Sales Contract BPM MEDIA shall notify such Customer in a clear and understandable way of the required information obligations as set forth in Article 12 of the Act on Consumer Rights, in particular the Customer shall always be notified of the main features of the Ticket, the total price of the Ticket, including taxes and other fees that the Consumer is obliged to pay and of the method and date of payment.
3. The Buyer shall be notified of the total price arising under the Ticket Sales Contract, including any applicable taxes, as well as other fees due and their amounts (including, if any, the fee for electronic payments or card payments, delivery cost and the Service Fee) in a clear and understandable manner each time the Buyer places the Order, before placing the Order and before concluding the Sales Contract.
4. The Buyer may place the Order using the Order Form in accordance with the procedure as set forth in Clause 3(4) of the Terms and Conditions.
5. The Sales Contract between the Customer and the Seller shall be concluded after placing the Order by the Customer. On placement of the Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for performance. The confirmation of receipt of the Order and its acceptance for performance shall be effected by sending by the Seller to the Customer an appropriate e-mail to the Customer's e-mail address provided during the placement of the Order which shall contain at least the Seller's statements on receipt of the Order and its acceptance for performance and confirmation of the conclusion of the Sales Contract. Upon receipt by the Customer of the Seller's statement on acceptance of the Order for performance, the Sales Contract shall be concluded between the Customer and the Seller.
6. The Sales Contract shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop website and (2) sending to the Customer the e-mail as referred to in Clause 4(5) of the Terms and Conditions. The content of the Sales Contract shall be additionally recorded and secured in the IT system of the Seller's Online Shop.
7. The Ticket purchased under the Order shall not be photocopied, scanned or copied in any way. The use of the first copy of the Ticket shall invalidate any further copies, which may result in further consequences, including the loss of the opportunity to participate in the Event.
8. The purchase of Tickets for artistic, entertainment or sports events for profitable resale or the profitable resale of such Tickets shall be punishable under Article 133 of the Code of Petty Offences. The Organiser of a particular Event may also prohibit the resale of Tickets, especially non-transferable Tickets.
Clause 5 Ticket, Ticket Format
1. BPM MEDIA shall sell Tickets for a particular Event via Biletomat.pl under a separate cooperation agreement made between BPM MEDIA and the Organiser of a particular Event, specifying, inter alia, types and prices of the Tickets. BPM MEDIA shall not be considered as the organiser of Events.
2. Information on Tickets, their types, formats and prices as well as information on Events shall be available on Biletomat.pl and on the Organiser's website for a particular Event.
3. The Organiser shall determine types and prices of Tickets for the Event. The Ticket price may include additional fees such as the fee for electronic payments or card payments, the cost of delivery (for paper Tickets), the Service Fee, of which the Buyer shall be notified in a clear and understandable way during the Order placement, before placing the Order and before concluding the Sales Contract.
4. The following formats of Tickets shall be available on Biletomat.pl:
a) eTicket - the electronic Ticket provided to the Buyer as an HTML file and printed out by the Buyer. The eTicket is sent to the Buyer to the e-mail address indicated by the Buyer in the Order Form by using a unique web link (URL address) that enables the Ticket to be downloaded, saved or printed (in order to do so, click on the link or enter it in the browser window);
b) smsTicket - the electronic Ticket provided to the Buyer as a file with the Ticket image and saved by the Buyer on his or her phone (smartphone). The smsTicket is electronically sent to the Buyer’s telephone number indicated in the Order Form. In case of smsTicket, the eTicket is also sent to the Buyer’s e-mail address.
c. Paper Ticket - the paper Ticket provided to the Buyer by using special secured BPM MEDIA printed forms. The paper Ticket is sent to the Buyer by mail to the Buyer’s mailing address indicated in the Order Form.
Clause 6 Methods and Terms of Payment
1. Biletomat.pl shall provide the following methods of payment under the Sales Contract:
payment by bank transfer into the Seller's bank account;
electronic payments or card payments via PayU.pl. Electronic payments and card payments shall be settled via PayU.pl.
2. The available payment methods shall be provided to the Buyer each time the Order is placed, before the Order is placed and the Sales Contract is concluded, and they may vary, depending on the Event and the time to the Event.
3. The current list of electronic payment or card payment methods used via PayU.pl shall be available on the PayU.pl website, including the following websites:
4. Information on the time of electronic payments or card payments via the PayU.pl service shall be available on the PayU.pl website, including the following addresses:
5. The use of electronic payments or card payments shall be charged - the fee shall be indicated when placing the Order (before making the Sales Contract) and it shall amount to the fee paid by BPM MEDIA for this payment method.
6. Under the Sales Contract the payment term shall be as follows:
a) electronic payments or card payments via PayU.pl - ninety (90) minutes from the time of making the Sales Contract but no later than two (2) hours before the scheduled start time of the Event.
b) payments by bank transfer into the Seller's bank account - three (3) Business Days from the date of making the Sales Contract, but no later than 4 p.m. on the last Business Day prior to the day of the Event.
7. In case of payments by bank transfer into the Seller's bank account, the payment shall be deemed to be made at the moment of crediting the Seller's bank account with the amount paid by the Customer.
8. In case of electronic payments or card payments via the PayU.pl service, the payment shall be deemed to be made at the moment when the Seller is notified by PayU.pl of the payment made by the Customer and making it available to the Seller. The electronic notice shall be sent to the application provided by PayU.pl and installed in the Online Shop to handle this payment method.
9. If the Customer is in default of payment, the Seller shall have the right to rescind the Sales Contract within five (5) Business Days from the date of its conclusion.
Clause 7 Cost, Date and Methods of Delivery
1. The following methods of delivery shall be available on Biletomat.pl:
a) E-mail as referred to in Clause 5(4)(a) and (b)
b) Standard mail, id est by mail or courier.
2. The available delivery methods shall be provided to the Buyer each time the Order is placed, before the Order is placed and the Sales Contract is concluded, and they may vary, depending on the Event and the time to the Event.
3. The delivery by e-mail shall be free of charge. The standard mail shall be against payment - the delivery cost is indicated within the course of placing the Order, before placing the Order and concluding the Sales Contract.
4. For the electronic delivery, the delivery time shall be up to one (1) Business Day from the payment.
5. In case of the standard mail, the delivery time shall be up to ten (10) Business Days for the mail delivery and up to seven (7) Business Days for the courier delivery from the payment.
6. The standard mail shall only be available in Poland.
7. The Seller shall deliver the goods without defects.
Clause 8 Rescission from the Contract
1. The Consumer’s right to rescind a distance contract shall not apply to (1) contracts for accommodation services other than accommodation for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies a day or period of the service performance and (2) service contracts, if the Seller has performed the full service with the express consent of the consumer who was informed before commencing the service that after completing the service by the Seller the Consumer shall lose their right to rescind the contract.
2. Subject to Clause 8(1) of the Terms and Conditions, the Consumer who has concluded a distance contract may rescind it within fourteen (14) calendar days without giving a reason and without incurring any costs, except for any direct costs of returning the goods. In order to meet the deadline, it is sufficient to send the declaration before its expiry. The declaration on rescission may be sent by mail (address: ul. Głogowska 31/33, 60-702 Poznań) or by e-mail (e-mail: hello).
3. For the contract under which the Seller hands over the goods and is obliged to transfer its ownership, the rescission period shall commence upon taking the goods by the Consumer or any third party indicated by the Consumer other than the carrier, and for other contracts - from the date of the contract.
4. If the Consumer has chosen a method of goods delivery other than the cheapest standard method available on the Online Shop, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
Clause 9 Complaint Procedure
1. Any complaints concerning Sales Contracts, contracts for the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Shop may be submitted by the User or the Buyer, for example: (1) by mail to the address: ul. Głogowska 31/33, 60-702 Poznań or (2) by e-mail to the address: hello.
2. The complaint description shall contain the following information: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of defects or irregularities; (2) request; and (3) contact details of the complainant - this will facilitate and accelerate the complaint handling by the Seller. The requirements as set forth in the preceding sentence may only be a recommendation and shall not affect the effectiveness of complaints made without the recommended description of the complaint.
3. The Seller shall immediately consider the complaint, but not later than within fourteen (14) calendar days from the date of its submission.
Clause 10 Organiser, Event Cancellation
1. BPM MEDIA sells via the Online Shop Tickets for Events, including music, cultural, sports and other Events taking place on a given day or in a given period in Poland and abroad.
2. BPM MEDIA sells via Biletomat.pl Tickets for a particular Event on the basis of a separate cooperation agreement between BPM MEDIA and the Organiser of such Event that, inter alia, specifies formats, types and prices of Tickets.
3. BPM MEDIA shall not be considered as the organiser of Events. The Organiser of the Event shall be a third party in relation to BPM MEDIA indicated on the Biletomat.pl website, in the description of a specific Event and in an e-mail message sent to the Customer following the Purchase.
4. The Organiser shall make the terms and conditions of a given Event available. We recommend that you read the terms and conditions of a given Event to obtain accurate and detailed information about the Event and its organisation.
5. If the Event is cancelled by the Organiser, the Customer shall have the right to make any and all claims against the Organiser for the cancellation of the Event, including any claims for reimbursement of costs incurred by the Customer for the Ticket Purchase.
6. Regardless of Clause 10(5) BPM MEDIA may - in case of concluding a relevant agreement with the Organiser - refund, upon the Organiser's request and on its behalf, any costs of the Ticket Purchase. The Customers shall be each time notified by BPM MEDIA of this option and of the exact reimbursement procedure. The Customer may voluntarily use the option of reimbursement of costs of the Ticket Purchase by BPM MEDIA and this shall not exclude the Customer’s right to seek his or her claims directly against the Organiser.
7. In case of the reimbursement carried out by BPM MEDIA under Clause 10(6), the Customer may, for example, request the reimbursement: (1) by e-mail: hello, (2) by mail: ul. Głogowska 31/33, 60-702 Poznań.
8. Any reimbursements made by BPM MEDIA under Clause 10(6) shall only include the Ticket price, without additional fees provided to the Customer prior to making the Sales Contract, such as the fee for electronic payments or card payments, the cost of delivery (for a standard Ticket), the Service Fee, and without additional costs incurred by the Customer. The Customer may directly claim against the Organiser any additional fees and costs as set forth in the preceding sentence.
9. The reimbursement procedure shall be carried out within thirty (30) days from receipt of the correct reimbursement form sent by the User to the e-mail address (hello).
Clause 11 Out-of-court complaint and claim enforcement procedures and rules of access to these procedures
1. Any details on the use of out-of-court complaint and claim enforcement procedures by the User or the Customer who is a consumer, as well as the rules of access to these procedures shall be available at offices and on websites of county (municipal) consumer ombudsmen, social organisations involved in consumer protection, Regional Trade Inspectorates, and the Office of Competition and Consumer Protection.
2. The User or the Customer who is a consumer may apply the following out-of-court complaint and claim enforcement procedures:
a. the User or the Customer may apply to the permanent consumer arbitration court as referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No 4, item 25, as amended) for settlement of a dispute arising from the agreement. The regulations for organisation and operation of permanent consumer arbitration courts are set out in the regulation of 6 July 2017 of the Minister of Justice on regulations for the organisation and operation of permanent arbitration courts at regional trade inspectors (Journal of Laws of 2017, item 1356);
b. the User or the Customer may apply to the regional trade inspector under Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No 4, item 25, as amended) for initiating mediation proceedings in order to amicably settle the dispute. The information on rules and procedure of mediation conducted by the regional trade inspector shall be available at offices and on websites of individual Regional Trade Inspectorates;
c. the User or the Customer may obtain free assistance in resolving disputes, using also free assistance of county (municipal) consumer ombudsmen or social organisations involved in consumer protection, e.g. Consumer Federation, Association of Polish Consumers. Advice shall be provided by the Consumer Federation at firstname.lastname@example.org and by the Association of Polish Consumers at the free-of-charge consumer helpline 800 889 866.
3. On http://ec.europa.eu/consumers/odr there is an online dispute resolution platform between consumers and traders at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
4. The provisions of sections 1-3 above shall be for information purposes only and shall not oblige BPM MEDIA to apply the arbitration clause, unless such obligation arises from the applicable laws. TICKETS BPM shall also make every endeavour to keep the information as set forth in sections 1 to 3 up to date, but since this information comes from external sources, a fully up-to-date information shall be available on websites of individual entities set forth in sections 1 to 3 above.
Clause 12 Entrepreneurs-related Provisions
1. This clause of the Terms and Conditions and its provisions shall only apply to the Customers and the Users who are not consumers.
2. The Seller shall have the right to rescind the Sales Contract concluded with the Customer who is not a consumer within fourteen (14) calendar days from the date of its conclusion. In this case, the Sales Contract may be rescinded without giving any reason and the Customer who is not a consumer shall not have any claims against the Seller.
3. Once the Seller hands over the goods to the carrier, any benefits and burdens concerning the shipment as well as the risk of accidental loss or damage shall pass to the Customer who is not a consumer. In this case, the Seller shall not be held liable for any loss, partial loss or damage to the shipment arising from its acceptance for transport until its delivery to the Customer and for any delay in its transport.
4. In case of the Users who are not consumers, the Seller may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by providing the User with an appropriate notice.
5. The Seller’s liability towards the User or the Customer who is not a consumer, regardless of its legal basis, shall be limited - with respect to one claim and total claims - to the amount of the price paid or due under the Sales Contract. The Seller shall be held liable to the User or the Customer who is not a consumer only for typical damage that is foreseeable at the time of making the contract and shall not be held liable to the User for any loss.
6. Any disputes arising between the Seller and the User or the Customer who is not a consumer shall be resolved by a court having jurisdiction over the Seller’s registered office.
Clause 13 Final Provisions
1. Any contracts made via the Online Shop shall be concluded at the Customer discretion in Polish or in English.
2. Amendments to the Terms and Conditions - the Seller reserves the right to amend the Terms and Conditions for significant reasons, id est any changes to the applicable laws and regulations, changes to payment methods or deliveries offered by any third parties, changes to the scope, payment or form of the Electronic Services - to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
The amendments to the Terms and Conditions shall not in any way infringe the rights of the Users or the Customers who were consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect any orders already placed or placed and any Sales Contracts concluded, executed or performed.
3. Any matters not regulated herein shall be governed by Polish law, in particular: Civil Code; Act of 18 July 2002 on Provision of Electronic Services (Journal of Laws of 2002, No 144, item 1204, as amended); Consumer Rights Act and other relevant provisions of the applicable laws.
4. The Terms and Conditions shall apply to persons who have made a purchase from .... inclusive.
Clause 14 Specimen of contract rescission form
(Appendix No 2 to the Consumer Rights Act)
Specimen of contract rescission form
(this form shall be completed and returned only if you wish to rescind the contract)
BPM MEDIA Spółka z ograniczoną odpowiedzialnością
ul. Głogowska 31/33, 60-702 Poznań
– I/We(*) hereby inform you(*) that I/we rescind the contract on the sale of the following goods(*) the contract of delivery of the following goods(*), the contract for a specific task consisting in making the following goods(*)/the contract for providing the following service(*)
– Date of making(*) / receiving (*) the contract
– Full name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if the form is sent by mail)
(*) Delete as appropriate.